Madhya Pradesh Judiciary Mock Test 3 — Questions & Solutions
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Under Section 23 of the BNSS, 2023, a Magistrate of the first class may pass a sentence of imprisonment not exceeding three years, or of fine, or of both, or of community service. The fine that such Magistrate may impose shall not exceed:
aTwenty-five thousand rupees
bOne lakh rupees
cTen thousand rupees
dFifty thousand rupees
Answer: D
Section 23(1) BNSS raises the first-class Magistrate's fine power to fifty thousand rupees (from Rs. 10,000 under the CrPC) and newly empowers the court to order community service.
Section 530 of the BNSS, 2023 provides that all trials, inquiries and proceedings, including issuance and service of summons and warrants, examination of witnesses, recording of evidence and appellate proceedings, may be:
aConducted only after written consent of both the accused and the prosecution
bHeld in electronic mode only at the appellate stage
cHeld in electronic mode by use of electronic communication or audio-video electronic means
dConducted electronically only in summons cases
Answer: C
Section 530 BNSS expressly permits trials, inquiries and proceedings (including summons/warrants, examination of witnesses, recording of evidence and appeals) to be held in electronic mode through electronic communication or audio-video electronic means.
A person dispossessed of immovable property otherwise than in due course of law files a suit under Section 6 of the Specific Relief Act, 1963. No such suit shall be brought after the expiry of :-
athree months from the date of dispossession
bsix months from the date of dispossession
ctwelve months from the date of dispossession
dthree years from the date of dispossession
Answer: B
Section 6(2)(a) bars a suit under Section 6 if brought after the expiry of six months from the date of dispossession; the section gives a summary remedy based on possession irrespective of title.
With respect to a decree or order passed in a suit instituted under Section 6 of the Specific Relief Act, 1963 :-
aboth an appeal and a review lie
ban appeal lies but no review is permitted
cno appeal lies but review is permitted
dno appeal lies and no review is allowed
Answer: D
Section 6(3) expressly provides that no appeal shall lie from any order or decree passed in a suit under Section 6, nor shall any review of any such order or decree be allowed.
A suit under Section 6 of the Specific Relief Act, 1963 for recovery of possession by a dispossessed person :-
amay be brought against the Government
bshall be brought exclusively against the Government
cmay be brought against the Government only with the prior sanction of the State
dshall not be brought against the Government
Answer: D
Section 6(2)(b) expressly bars institution of a suit under this section against the Government; the dispossessed person must instead establish title in an ordinary suit.
Under the Specific Relief Act, 1963 as amended in 2018, a party who has obtained substituted performance of a contract under Section 20 :-
acan still claim specific performance of the contract
bis barred from claiming any relief whatsoever
ccannot claim specific performance of the contract but may recover expenses and costs from the party in breach
dmay claim specific performance only with the permission of the court
Answer: C
Section 14(a) read with Section 20 bars specific performance where the aggrieved party has obtained substituted performance through a third party or his own agency, though Section 20(2) permits him to recover the expenses and costs from the party in breach.
When two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only, the transaction under the Transfer of Property Act, 1882 is termed:
aLease
bSale
cGift
dExchange
Answer: D
Section 118 defines an 'exchange' as the mutual transfer of ownership of one thing for the ownership of another, neither thing or both things being money only.
'A', the ostensible owner of land with the consent of the real owner 'O', sells it for value to 'B' who, after taking reasonable care to ascertain title, acts in good faith. The real owner 'O' later seeks to set aside the transfer. Which provision protects 'B'?
aSection 41 (transfer by ostensible owner)
bSection 51 (improvements by bona fide holder)
cSection 43 (feeding the grant by estoppel)
dSection 53A (part performance)
Answer: A
Section 41 protects a transferee for consideration from an ostensible owner who acted with the real owner's express or implied consent, provided the transferee took reasonable care to ascertain the transferor's power and acted in good faith.
In Jumma Masjid, Mercara v. Kodimaniandra Deviah (AIR 1962 SC 847), the Supreme Court held that a transferee for consideration who takes a transfer on the faith of a representation of present title, where the transferor in fact held only a spes successionis, is:
aWholly without remedy because Section 6(a) bars transfer of spes successionis
bEntitled only to damages, never to the property
cEntitled to the benefit of Section 43 when the transferor subsequently acquires the interest
dProtected only if the transfer was registered before succession opened
Answer: C
The Court held Section 6(a) (a rule of substantive law) and Section 43 (a rule of estoppel) operate in distinct fields; a transferee who acted for consideration on a representation of present title gets the benefit of Section 43 when the transferor later acquires the interest.
The doctrine of part performance under Section 53A of the Transfer of Property Act, 1882 requires, among other conditions, that:
aThe contract be oral but acted upon by both parties
bThe transferee remain unwilling to perform his part of the contract
cThere be a written contract signed by the transferor from which the terms can be ascertained with reasonable certainty
dPossession be taken only after the deed is registered
Answer: C
Section 53A requires a written contract signed by or on behalf of the transferor whose terms can be ascertained with reasonable certainty, the transferee having taken or continued in possession in part performance and being willing to perform his part.
With regard to an order of eviction passed by the Rent Controlling Authority in a proceeding under Chapter III-A of the M.P. Accommodation Control Act, 1961, which of the following is correct ?
aNo appeal lies; the High Court may exercise revisional powers under Section 23-E
bAn appeal lies to the District Judge within thirty days
cAn appeal lies to the Collector within sixty days
dAn appeal lies directly to the High Court
Answer: A
Section 23-E(1) bars any appeal from an order of the Rent Controlling Authority under Chapter III-A; instead the High Court may, suo motu or on application of an aggrieved person, exercise revisional powers, an application by such person being presentable within ninety days.
Under Section 6 of the M.P. Accommodation Control Act, 1961, in consideration of the grant, renewal or continuance of a tenancy, a landlord may, without the previous permission of the Rent Controlling Authority, lawfully claim or receive as rent in advance a sum not exceeding :
athree months' rent of the accommodation
btwo months' rent of the accommodation
cone month's rent of the accommodation
dsix months' rent of the accommodation
Answer: C
Section 6(2)(b) prohibits a landlord, except with the previous permission of the Rent Controlling Authority, from claiming or receiving any sum exceeding one month's rent of the accommodation as rent in advance.
Under Section 45 of the M.P. Accommodation Control Act, 1961, the jurisdiction of civil courts is barred in respect of matters which the Rent Controlling Authority is empowered to decide; however, the bar does NOT prevent a civil court from entertaining a suit or proceeding for :
agrant of an injunction against action taken by the Rent Controlling Authority
bthe decision of any question of title to the accommodation
cdeciding whether the landlord's requirement is bonafide
dfixation of standard rent of the accommodation
Answer: B
Section 45(1) bars civil courts from matters such as fixation of standard rent or matters the Rent Controlling Authority may decide, but Section 45(2) expressly preserves the civil court's jurisdiction to decide any question of title to the accommodation or as to who is entitled to receive the rent.
The right by which a bhumiswami may resign his rights in a holding in favour of the State Government under the M.P. Land Revenue Code, 1959 is called :-
aForfeiture
bDevolution
cRelinquishment
dAbandonment
Answer: C
Section 173 provides that a bhumiswami may relinquish his rights, that is, resign them in favour of the State Government, by giving notice in the prescribed manner.
Failure to vacate land in favour of an allottee of land is declared to be an offence under which provision of the M.P. Land Revenue Code, 1959?
aSection 250-B
bSection 250
cSection 248
dSection 250-A
Answer: A
Section 250-B makes failure to vacate land in favour of an allottee of land an offence; Section 250-A deals with confinement in civil prison on failure to restore possession under Section 250.
A collection of malicious self-replicating computer programs that attach themselves to other files and spread without the user's knowledge is best described as a:
aOperating system
bComputer virus
cSpreadsheet
dCompiler
Answer: B
A computer virus is malicious software that replicates by attaching itself to other programs or files and spreads, typically causing harm.
Where after the institution of a suit a new defendant is added, then under Section 21 of the Limitation Act, 1963 the suit, as regards him, shall ordinarily be deemed to have been instituted -
aon the date the first hearing was fixed
bwhen he was so made a party, unless the Court is satisfied the omission was due to a mistake made in good faith
con the date of institution of the original suit in every case
don the date the cause of action arose
Answer: B
Section 21(1) provides that on adding or substituting a new plaintiff or defendant the suit is deemed instituted as regards him when he was so made a party; but the Court may direct an earlier date where it is satisfied that the omission to include him was due to a mistake made in good faith.
The access and use of light or air to and for a building is acquired as an easement by prescription under Section 25 of the Limitation Act, 1963 when it has been peaceably enjoyed as of right, without interruption, for -
atwenty years
bsixty years
cthirty years
dtwelve years
Answer: A
Section 25 provides that where access and use of light or air, a way, watercourse or other easement has been peaceably and openly enjoyed as of right and without interruption for twenty years, the right becomes absolute and indefeasible.
In an appeal against conviction under Section 138, the Appellate Court under Section 148 of the Negotiable Instruments Act, 1881 may order the appellant to deposit a sum which shall be a minimum of :-
aFifty per cent of the fine or compensation awarded by the trial court
bTen per cent of the fine or compensation awarded by the trial court
cTwenty-five per cent of the fine or compensation awarded by the trial court
dTwenty per cent of the fine or compensation awarded by the trial court
Answer: D
Section 148(1) empowers the Appellate Court to order the appellant to deposit such sum as shall be a minimum of twenty per cent of the fine or compensation awarded by the trial court, in addition to any interim compensation paid under Section 143A.
Under Section 100 of the Code of Civil Procedure, 1908, a High Court hearing a second appeal must, at the time of admission, formulate the substantial question of law. The provision relating to such formulation read with Order XLI is that the appellant :-
amay urge additional questions only with the consent of the respondent
bshall not, without the leave of the Court, urge any ground other than the question so formulated
cmay, as of right, urge any ground of fact or law in the second appeal
dis confined to the questions raised in the first appellate court
Answer: B
Section 100(5) CPC provides that the appeal shall be heard on the question so formulated, and the appellant shall not be allowed to urge any other ground without the leave of the Court; the proviso preserves the Court's power to hear on another substantial question for recorded reasons.
A plaint shall be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908, in which of the following situations?
aWhere the defendant has a strong defence on the merits
bWhere the suit appears from the statement in the plaint to be barred by any law
cWhere the plaintiff fails to appear on the first date of hearing
dWhere the written statement is not filed within ninety days
Answer: B
Order VII Rule 11(d) CPC mandates rejection of the plaint where, from the statement in the plaint itself, the suit appears to be barred by any law; the other clauses cover no cause of action, undervaluation, and deficient court-fee or insufficient stamp.
Except on a question of law, no appeal lies from a decree in a suit of the nature cognisable by Courts of Small Cause under Section 96(4) of the Code of Civil Procedure, 1908, when the amount or value of the subject-matter of the original suit does not exceed :-
atwenty thousand rupees
bthree thousand rupees
cten thousand rupees
dfive thousand rupees
Answer: C
Section 96(4) CPC bars a first appeal except on a question of law in petty Small Cause-type suits where the value of the subject-matter does not exceed ten thousand rupees.
The Supreme Court explained the working of Section 89 of the Code of Civil Procedure and the modes of alternative dispute resolution, holding that a court cannot refer a suit to arbitration without the consent of all parties, in :-
aAfcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd.
bSalem Advocate Bar Association v. Union of India
cK.K. Modi v. K.N. Modi
dBooz Allen and Hamilton Inc. v. SBI Home Finance Ltd.
Answer: A
In Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24, the Supreme Court laid down the procedure under Section 89 and held that reference to arbitration requires the mutual consent of all parties.
An auction-purchaser seeks to set aside a sale of immovable property held in execution of a decree on the ground of material irregularity or fraud in publishing or conducting the sale. Under Order XXI Rule 90 of the Code of Civil Procedure, the sale shall not be set aside unless the Court is satisfied that the applicant :-
ahas obtained the prior permission of the decree-holder
bhas deposited the entire decretal amount in court
chas filed an independent suit challenging the sale
dhas sustained substantial injury by reason of such irregularity or fraud
Answer: D
Order XXI Rule 90(3) CPC bars setting aside a sale on the ground of irregularity or fraud unless the Court is satisfied, upon the facts proved, that the applicant has sustained substantial injury by reason of that irregularity or fraud.
Where a sole defendant dies and the right to sue survives, but no application to bring the legal representative of the deceased defendant on record is made within the time limited by law, the consequence under Order XXII Rule 4 of the Code of Civil Procedure is that :-
athe decree is passed against the estate without notice
bthe suit abates as against the deceased defendant
cthe suit continues against the surviving parties only
dthe court must suo motu implead the legal representative
Answer: B
Under Order XXII Rule 4(3) CPC, where no application is made within the limitation period to bring the legal representative on record, the suit abates as against the deceased defendant.
Explanation IV to Section 11 of the Code of Civil Procedure, 1908, which embodies the principle of constructive res judicata, provides that any matter which might and ought to have been made a ground of attack or defence in the former suit :-
ais relevant only in criminal proceedings
bmay be freshly agitated in a subsequent suit
cshall be deemed to have been a matter directly and substantially in issue in such suit
dcan be raised only with the leave of the appellate court
Answer: C
Explanation IV to Section 11 deems any matter which might and ought to have been made a ground of attack or defence in the former suit to have been directly and substantially in issue, thus barring its relitigation (constructive res judicata).
Under Section 148A of the Code of Civil Procedure, 1908, a caveat lodged by a person claiming a right to appear before the Court on the hearing of an application shall remain in force, unless an application is made before its expiry, for a period of :-
asixty days from the date on which it was lodged
bthirty days from the date on which it was lodged
cone hundred and eighty days from the date on which it was lodged
dninety days from the date on which it was lodged
Answer: D
Section 148A(5) CPC provides that a caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged, unless an application referred to in sub-section (1) has been made within that period.
Save in cases of urgency, no suit shall be instituted against the Government or against a public officer in respect of an act purporting to be done in his official capacity until the expiration of a notice in writing under Section 80 of the Code of Civil Procedure, the period of which is :-
aone month
bthree months
ctwo months
dsix months
Answer: C
Section 80(1) CPC requires that the suit be instituted only after the expiration of two months from the delivery of the statutory notice in writing to the Government or public officer.
Under Article 233 of the Constitution of India, the appointment of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with:
aThe State Public Service Commission
bThe Council of Ministers of the State
cThe High Court exercising jurisdiction in relation to such State
dThe Chief Justice of India
Answer: C
Article 233(1) provides that district judges are appointed, posted and promoted by the Governor in consultation with the High Court exercising jurisdiction in that State; the Supreme Court has held the Governor may consult only the High Court, not the Union.
Under Article 233(2), a person not already in the service of the Union or of a State is eligible to be appointed a district judge only if he has been an advocate or pleader for not less than:
aSeven years and is recommended by the State Public Service Commission
bFive years and is recommended by the High Court
cSeven years and is recommended by the High Court
dTen years and is recommended by the Governor
Answer: C
Article 233(2) requires that such a person must have been an advocate or pleader for at least seven years and be recommended by the High Court for appointment.
In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court struck down Paragraph 7 of the Tenth Schedule on the ground that:
aIt violated the basic structure of the Constitution
bIt was repugnant to the Representation of the People Act
cIt ousted the jurisdiction of the Supreme Court and High Courts and was not ratified by State Legislatures as required by the proviso to Article 368(2)
dIt conferred excessive powers on the Speaker
Answer: C
The Court held Paragraph 7, which barred the jurisdiction of courts under Articles 136, 226 and 227, required ratification under the proviso to Article 368(2); as that was not done, Paragraph 7 was invalid while the rest of the Tenth Schedule was upheld.
Article 243-O of the Constitution provides that no election to any Panchayat shall be called in question except:
aBy an election petition presented to such authority and in such manner as provided by law made by the State Legislature
bBy a writ petition under Article 226 before the High Court
cBy a suit before the competent civil court
dBy an appeal to the State Election Commission
Answer: A
Article 243-O(b) bars courts and confines challenges to Panchayat elections to an election petition presented to the authority and in the manner provided by State law; the non-obstante clause overrides Article 226.
The territorial jurisdiction of a High Court to issue writs under Article 226 may also be exercised, by virtue of clause (2), where:
aThe seat of the Government or authority is within its territories
bThe cause of action, wholly or in part, arises within its territories, even if the authority's seat is outside
cThe petitioner ordinarily resides within its territories
dThe Union Government consents to its exercise
Answer: B
Article 226(2) extends a High Court's writ jurisdiction to territories within which the cause of action, wholly or in part, arises, notwithstanding that the seat of the Government, authority or person is outside those territories.
Under Article 312, Parliament may provide for the creation of one or more All-India Services (including an All India Judicial Service) only if the Council of States has declared, by resolution supported by:
aNot less than two-thirds of the members present and voting, that it is necessary or expedient in the national interest
bNot less than half of the total membership of the House
cA simple majority of members present and voting, that it is necessary in the national interest
dTwo-thirds of the total membership and a majority of the total membership
Answer: A
Article 312(1) requires the Rajya Sabha to 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 to create such service.
Under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when a fact is discovered in consequence of information received from an accused in police custody, how much of that information may be proved?
aSo much of the information as relates distinctly to the fact thereby discovered
bNone of the information, since it is made to a police officer
cOnly that part which amounts to a full confession of guilt
dThe whole of the information, whether or not it relates to the fact discovered
Answer: A
The proviso to Section 23(2) of the BSA (corresponding to old Section 27 IEA) lets in only so much of the information, whether or not it amounts to a confession, as relates distinctly to the fact thereby discovered; the rest remains barred by Section 23(1) and (2).
In Pulukuri Kottaya v. Emperor (AIR 1947 PC 67), the Privy Council held that the expression "fact discovered" in the provision now contained in Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) embraces:
aOnly the confessional statement made by the accused
bThe place from which the object is produced and the knowledge of the accused as to it
cAny fact within the personal knowledge of the investigating officer
dOnly the physical object actually produced by the accused
Answer: B
The Privy Council held that the "fact discovered" is not merely the object produced but embraces the place from which it is produced and the accused's knowledge of it; only information relating distinctly to that is admissible under the proviso to Section 23(2) of the BSA.
A confession contained in a First Information Report lodged by the accused himself with the police was sought to be split into incriminating and non-incriminating parts. Following Aghnoo Nagesia v. State of Bihar (AIR 1966 SC 119), and under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), such a confessional FIR is:
aAdmissible only as to the portion identifying the accused
bAdmissible if the Magistrate later records it under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023
cInadmissible as a whole under Section 23(1), save the part falling within the proviso to Section 23(2)
dWholly admissible as it was voluntarily lodged
Answer: C
In Aghnoo Nagesia the Court held a confessional statement to police cannot be dissected into admissible and inadmissible parts; under the BSA the entire confession is barred by Section 23(1) except so much as is saved by the discovery proviso to Section 23(2).
Under Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession is irrelevant if it appears to have been caused by inducement, threat or promise. The inducement must, inter alia:
aBe reduced into writing and signed by the accused
bProceed from a person in authority and give grounds for supposing a temporal advantage or escape from a temporal evil
cProceed from a co-accused having no authority
dRelate to a spiritual or religious benefit in the next world
Answer: B
Section 22 of the BSA renders a confession irrelevant only where 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 that by making it he would gain an advantage or avoid an evil of a temporal nature in reference to the proceedings against him.
In Pakala Narayana Swami v. Emperor (AIR 1939 PC 47), the Privy Council held that a statement admissible under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) as to the circumstances of the transaction which resulted in death:
aIs admissible only if the declarant was under expectation of death when he made it
bIs admissible only in cases of homicide and not suicide
cMust be made to a Magistrate to be admissible
dIs admissible even though the declarant had no expectation of death at the time
Answer: D
Pakala Narayana Swami held that, unlike English law, a statement under what is now Section 26(a) of the BSA need not be made under expectation of death; it is admissible so long as it relates to the cause of death or circumstances of the transaction resulting in death.
The "five golden principles" (the panchsheel) governing conviction based wholly on circumstantial evidence, applied under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), were enunciated by the Supreme Court in:
aSharad Birdhichand Sarda v. State of Maharashtra
bPulukuri Kottaya v. Emperor
cAghnoo Nagesia v. State of Bihar
dPakala Narayana Swami v. Emperor
Answer: A
In Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116, the Supreme Court laid down the five golden principles of circumstantial evidence, including that the circumstances must be fully established and consistent only with the guilt of the accused; these continue to apply under the BSA, which contains no separate section on circumstantial evidence.
Which Indian city is famously associated with the historic Khajuraho group of temples, a UNESCO World Heritage Site located in Madhya Pradesh?
aUjjain district
bRewa district
cChhatarpur district
dSagar district
Answer: C
The Khajuraho group of monuments, built by the Chandela dynasty, lies in the Chhatarpur district of Madhya Pradesh and is a UNESCO World Heritage Site.
The 2024 Nobel Prize in Physics was awarded to John J. Hopfield and Geoffrey Hinton for foundational discoveries that enable which field?
aQuantum computing
bMachine learning with artificial neural networks
cSuperconductivity
dGravitational wave detection
Answer: B
Hopfield and Hinton won the 2024 Nobel Prize in Physics for foundational discoveries and inventions that enable machine learning with artificial neural networks.
In December 2024, who became the youngest-ever undisputed World Chess Champion by defeating Ding Liren?
aD. Gukesh (Gukesh Dommaraju)
bArjun Erigaisi
cR. Praggnanandhaa
dVidit Gujrathi
Answer: A
At 18, India's D. Gukesh defeated Ding Liren in Singapore in December 2024 to become the youngest undisputed World Chess Champion, the second Indian after Viswanathan Anand.
The bailment of goods as security for payment of a debt or performance of a promise is called :-
aa mortgage, and the parties are mortgagor and mortgagee
ba hypothecation, and the parties are hypothecator and hypothecatee
ca pledge, and the bailor and bailee are called the 'pawnor' and 'pawnee'
da lien, and the parties are lienor and lienee
Answer: C
Section 172 defines pledge as the bailment of goods as security for payment of a debt or performance of a promise; the bailor is the 'pawnor' and the bailee the 'pawnee'.
Where acts are done by one person on behalf of another, but without his knowledge or authority, the other may elect to ratify or to disown such acts. This right of ratification is recognised under :-
aSection 196
bSection 201
cSection 182
dSection 230
Answer: A
Section 196 provides that where acts are done by one person on behalf of another without his authority, he may elect to ratify them, in which case the same effects follow as if done with authority.
In which of the following cases was it held by the Privy Council that an agreement entered into by a minor is void ab initio and incapable of being enforced against him ?
aMohori Bibee v. Dharmodas Ghose
bBalfour v. Balfour
cHadley v. Baxendale
dCarlill v. Carbolic Smoke Ball Co.
Answer: A
In Mohori Bibee v. Dharmodas Ghose (1903), the Privy Council held that a minor's agreement is void ab initio, as a minor is incompetent to contract under Section 11.
A servant, who had already left in search of his master's missing nephew before any reward was announced, traced and brought back the boy without knowledge of the reward. His claim for the reward was rejected on the ground that there can be no acceptance of an offer without knowledge of it. This principle was laid down in :-
aLalman Shukla v. Gauri Dutt
bCarlill v. Carbolic Smoke Ball Co.
cSatyabrata Ghose v. Mugneeram Bangur
dFelthouse v. Bindley
Answer: A
In Lalman Shukla v. Gauri Dutt, it was held that an offer must be communicated and acted upon with knowledge; an act done in ignorance of the offer cannot amount to acceptance.
Where a person lawfully does something for another, or delivers anything to him, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the latter is bound to make compensation or restore the thing. This quasi-contractual obligation is contained in :-
aSection 72
bSection 70
cSection 73
dSection 68
Answer: B
Section 70 imposes an obligation on a person who enjoys the benefit of a non-gratuitous act lawfully done for him to compensate the doer; it is one of the quasi-contracts in Sections 68 to 72.
Under Section 359 of the Indian Penal Code, kidnapping is of how many kinds, and what are they?
aTwo kinds: kidnapping and abduction
bOne kind: kidnapping from lawful guardianship
cThree kinds: from India, from guardianship, and for ransom
dTwo kinds: kidnapping from India and kidnapping from lawful guardianship
Answer: D
Section 359 IPC declares that kidnapping is of two kinds: kidnapping from India (defined in Section 360) and kidnapping from lawful guardianship (defined in Section 361).
The relationship between culpable homicide (Section 299) and murder (Section 300) under the Indian Penal Code is best described as:
aMurder is the genus and culpable homicide is the species
bEvery culpable homicide is necessarily murder
cThey are two wholly independent offences with no overlap
dCulpable homicide is the genus and murder is the species
Answer: D
Culpable homicide is the genus and murder its species; all murders are culpable homicide, but all culpable homicides are not murder, the difference turning on the degree of intention or probability of death.
Abetment under Section 107 of the Indian Penal Code may be committed in which of the following ways?
aOnly by instigation
bBy instigation, by conspiracy, or by intentional aiding
cBy instigation, attempt, and negligence
dOnly by conspiracy and attempt
Answer: B
Section 107 IPC provides that a person abets the doing of a thing by instigating it, by engaging in a conspiracy for its commission, or by intentionally aiding its commission. Attempt is not a mode of abetment.
Sections 76 and 79 of the Indian Penal Code provide a defence of mistake. The defence is available where the act is done under a mistake of fact in good faith, but NOT where it is done under a mistake of:
aIdentity
bPlace
cTime
dLaw
Answer: D
Both Section 76 (bound by law) and Section 79 (justified by law) exonerate only a mistake of fact made in good faith; a mistake of law is no excuse (ignorantia juris non excusat).
'A' intends to kill 'B' and fires a shot at him, but the shot misses 'B' and kills 'C', whom 'A' did not intend or know to be likely to kill. The provision of the Indian Penal Code that fixes 'A''s liability as though he had killed the person intended is:
aSection 301 (transfer of malice)
bSection 300, Exception 1
cSection 299
dSection 304A
Answer: A
Section 301 IPC embodies the doctrine of transferred malice (transfer of malice): if a person causes the death of one whom he did not intend to kill while doing an act intended to kill another, the culpable homicide is of the kind he would have committed against the intended victim.
The provision for an order of maintenance of wives, children and parents (corresponding to Section 125 of the old Code) under the Bharatiya Nagarik Suraksha Sanhita, 2023 is:
aSection 125 BNSS
bSection 152 BNSS
cSection 164 BNSS
dSection 144 BNSS
Answer: D
Section 144 BNSS replaces Section 125 CrPC and provides for monthly maintenance of a wife, child or parent unable to maintain himself or herself, including interim maintenance during pendency of proceedings.
Under Section 472 of the BNSS, 2023, a convict under sentence of death (or his legal heir or relative) may file a mercy petition before the President under Article 72 or the Governor under Article 161 within a period of, from the date the Superintendent of the jail informs him of the relevant dismissal/confirmation:
aSeven days
bFifteen days
cThirty days
dSixty days
Answer: C
Section 472 BNSS, a new provision, prescribes a thirty-day period for filing a mercy petition after the jail Superintendent informs the convict of the dismissal/confirmation; on rejection by the Governor, the petition to the President must be made within sixty days.
Under Section 184 of the BNSS, 2023, where rape or attempt to commit rape is alleged, the woman victim shall be sent for medical examination by a registered medical practitioner within:
aForty-eight hours from the receipt of information
bSix hours from the receipt of information
cTwelve hours from the receipt of information
dTwenty-four hours from the receipt of information
Answer: D
Section 184 BNSS requires the victim of rape to be sent for medical examination within twenty-four hours from receipt of the information relating to the offence, with her consent (or that of a competent person on her behalf).
Under Section 64 of the BNSS, 2023, in addition to personal service, a summons bearing the image of the Court's seal may also be served by:
aOral communication by any police officer
bBeat of drum in the locality only
cPublication in the Official Gazette alone
dElectronic communication in such form and manner as the State Government may by rules provide
Answer: D
Section 64 BNSS permits service of summons (bearing the image of the Court's seal) by electronic communication in the form and manner prescribed by State Government rules, and such service is deemed duly effected.
Which of the following correctly states the position regarding arrest in cognizable cases under Section 35 of the BNSS, 2023?
aA police officer may, without an order of a Magistrate and without a warrant, arrest a person who commits a cognizable offence in his presence, subject to the conditions and necessity test in the section
bA police officer must obtain a Magistrate's warrant before arresting in every cognizable case
cNo person can be arrested without warrant for any offence punishable with imprisonment of seven years or more
dArrest without warrant is permitted only for offences punishable with death or imprisonment for life
Answer: A
Section 35(1) BNSS (corresponding to Section 41 CrPC) permits a police officer to arrest without warrant a person who commits a cognizable offence in his presence, subject to the statutory conditions; for offences punishable up to seven years the necessity test and a Section 35(3) notice ordinarily apply.
The power of the court to engage experts on specific issues and to secure their attendance, in a suit under the Specific Relief Act, 1963, is contained in :-
aSection 20A
bSection 20C
cSection 20B
dSection 14A
Answer: D
Section 14A, inserted by the 2018 amendment, empowers the court to engage one or more experts to assist it on any specific issue involved in the suit and to secure their attendance.
Under Section 20C of the Specific Relief Act, 1963, a suit filed under the provisions of the Act shall be disposed of by the court within :-
asix months from the date of service of summons, extendable by three months
btwelve months from the date of service of summons, extendable by a further period not exceeding six months in aggregate
ctwenty-four months from the date of institution of the suit
dthirty-six months from the date of institution of the suit
Answer: B
Section 20C requires disposal within twelve months from the date of service of summons on the defendant, extendable by the court, for reasons recorded in writing, by a further period not exceeding six months in the aggregate.
Under Section 20A of the Specific Relief Act, 1963 (inserted in 2018), in respect of a contract relating to an infrastructure project specified in the Schedule, the court :-
ashall grant an injunction even if it delays the project
bshall not grant an injunction where it would cause hindrance or delay in the continuance or completion of the infrastructure project
cmay grant an injunction only with the consent of the State Government
dhas no jurisdiction to entertain the suit at all
Answer: B
Section 20A bars the court from granting an injunction in a suit relating to a contract for an infrastructure project listed in the Schedule, where granting it would cause hindrance or delay in the continuance or completion of such project.
Which of the following contracts can be specifically enforced under Section 14 of the Specific Relief Act, 1963, as amended in 2018 ?
aA contract for sale of immovable property where compensation in money is an adequate relief
bA contract which is in its nature determinable
cA contract the performance of which involves the performance of a continuous duty which the court cannot supervise
dA contract which is so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms
Answer: A
After the 2018 amendment, adequacy of money compensation is no longer a bar to specific performance; clauses (b), (c) and (d) of the options correspond to the statutory exceptions in Section 14, so a contract for sale of land remains enforceable despite money being adequate.
During the pendency of a suit relating to immovable property, a party transfers the suit property to a stranger who has no notice of the litigation. Under Section 52 of the Transfer of Property Act, 1882, the transferee:
aIs bound by the decree, as good faith or absence of notice is immaterial to lis pendens
bIs wholly free of the suit because he is a bona fide purchaser without notice
cCan resist the decree only by proving payment of consideration
dTakes the property free of the decree if the transfer was registered
Answer: A
Lis pendens under Section 52 is a rule of public policy; a transferee pendente lite takes subject to the result of the suit irrespective of good faith or notice.
A transfers his house to B with a condition absolutely restraining B from parting with or disposing of his interest in the property. Under Section 10 of the Transfer of Property Act, 1882:
aThe transfer is void
bThe transfer is voidable at the option of A
cThe transfer is valid but the condition is void
dBoth the transfer and the condition are valid
Answer: C
Section 10 provides that an absolute restraint on alienation annexed to a transfer is void, while the transfer itself remains valid (subject to the lease and married-woman exceptions).
Under Section 14 of the Transfer of Property Act, 1882 (rule against perpetuity), no transfer of property can operate to create an interest which is to take effect after the lifetime of one or more persons living at the date of the transfer and:
aA fixed period of twenty-one years thereafter in all cases
bThe majority, i.e., twenty-one years, of any unborn person
cA perpetual period for charitable purposes
dThe minority of a person in existence at the expiration of that period
Answer: D
Section 14 ties the maximum period of postponement to the life or lives in being plus the minority of a person who shall be in existence at the expiration of that period (the gestation/minority limit), not a flat 21 years.
The doctrine of election under the Transfer of Property Act, 1882 — that a person who takes a benefit under an instrument must adopt the whole of it and cannot accept the benefit while rejecting the burden — is contained in:
aSection 43
bSection 31
cSection 51
dSection 35
Answer: D
Section 35 embodies the doctrine of election: where a person professes to transfer property he has no right to transfer and as part of the same transaction confers a benefit on the owner, the owner must elect either to confirm the transfer or dissent and forgo the benefit.
Under Section 12(1)(a) of the M.P. Accommodation Control Act, 1961, a suit for eviction on the ground of arrears of rent can be filed only if the tenant has neither paid nor tendered the whole of the arrears legally recoverable from him within :
atwo months of the date of service of notice of demand
bone month of the date of service of notice of demand
cthree months of the date of service of notice of demand
dfifteen days of the date of service of notice of demand
Answer: A
Section 12(1)(a) permits eviction where the tenant has neither paid nor tendered the whole of the arrears of rent within two months of the date on which a notice of demand for arrears is served on him by the landlord in the prescribed manner.
The ground of eviction that the accommodation let for residential purposes is required bona fide by the landlord for occupation as a residence for himself or for any member of his family is contained in :
aSection 12(1)(c)
bSection 12(1)(e)
cSection 12(1)(f)
dSection 12(1)(a)
Answer: B
Section 12(1)(e) deals with bona fide requirement of residential accommodation by the landlord for himself or a member of his family; clause (f) covers bona fide need of non-residential accommodation for business.
Under the M.P. Accommodation Control Act, 1961, the ground that the accommodation let for non-residential purposes is required bona fide by the landlord for the purpose of continuing or starting his business is provided in :
aSection 12(1)(h)
bSection 12(1)(e)
cSection 12(1)(f)
dSection 12(1)(g)
Answer: C
Section 12(1)(f) provides for eviction where non-residential accommodation is bona fide required by the landlord for continuing or starting his own business, where he has no other reasonably suitable accommodation of his own.
Under Section 3 of the M.P. Land Revenue Code, 1959, the Board of Revenue for Madhya Pradesh shall consist of a President and -
aone or more other members
bfour other members
ctwo or more other members
dexactly three other members
Answer: C
Section 3(1) provides that the Board of Revenue shall consist of a President and two or more other members as the State Government may from time to time think fit to appoint.
Under Section 250 of the M.P. Land Revenue Code, 1959, an application for reinstatement of a bhumiswami who has been improperly dispossessed is to be made to the -
aTahsildar
bCivil Court
cCollector
dSub-Divisional Officer
Answer: A
Section 250 provides that where a bhumiswami is dispossessed otherwise than in due course of law, he may apply to the Tahsildar for restoration of possession.
Under Section 47 of the M.P. Land Revenue Code, 1959, the period of limitation for an appeal to the Board of Revenue from the date of the order objected to is -
athirty days
bforty-five days
cninety days
dsixty days
Answer: D
Section 47 prescribes thirty days for appeals to the Sub-Divisional Officer/Collector/Settlement Officer/Settlement Commissioner, forty-five days to the Commissioner, and sixty days to the Board of Revenue.
A byte is a unit of digital information that consists of 8 bits, which is the standard size used to represent a single character such as an ASCII letter.
Which of the following is an example of system software?
aOperating System
bVLC Media Player
cMS Word
dAdobe Photoshop
Answer: A
An operating system is system software that manages hardware and provides a platform for application software; the others listed are application software.
Section 27 of the Limitation Act, 1963 is regarded as an exception to the general rule that limitation bars only the remedy, because it provides that on expiry of the period limited for a suit for possession of property -
athe property vests in the State Government
bonly the remedy is barred, the right remaining intact
cthe plaintiff may sue afresh within thirty years
dthe right to such property itself stands extinguished
Answer: D
Section 27 provides that at the determination of the period limited for instituting a suit for possession of any property, the person's right to that property is extinguished; thus, unusually, the right and not merely the remedy is destroyed (the basis of adverse possession).
The period of limitation prescribed for a suit for possession of immovable property based on title (adverse possession) under Article 65 of the Schedule to the Limitation Act, 1963 is -
atwelve years from when the possession of the defendant becomes adverse to the plaintiff
bthree years from dispossession
csix years from refusal to deliver possession
dthirty years from the date of the title deed
Answer: A
Article 65 prescribes twelve years for a suit for possession of immovable property or any interest therein based on title, the period running from the date the defendant's possession becomes adverse to the plaintiff.
Under the Negotiable Instruments Act, 1881, the expression "holder in due course" is defined in :-
aSection 8
bSection 9
cSection 13
dSection 10
Answer: B
Section 9 defines "holder in due course" as a person who, for consideration, became the possessor of the instrument before maturity and without sufficient cause to believe that any defect existed in the transferor's title; Section 8 defines "holder".
The proviso to Order VI Rule 17 of the Code of Civil Procedure, 1908, places a restriction on amendment of pleadings by providing that no application for amendment shall be allowed after the trial has commenced unless the Court concludes that :-
athe opposite party has consented to the amendment
bin spite of due diligence, the party could not have raised the matter before the commencement of trial
cthe suit value exceeds the pecuniary jurisdiction of the court
dthe amendment relates only to a clerical error
Answer: B
The proviso to Order VI Rule 17 CPC (inserted by the 2002 amendment) bars amendment after commencement of trial unless the Court is satisfied that, in spite of due diligence, the party could not have raised the matter earlier.
On the application of any party and to the satisfaction of the Court, the power to transfer any suit, appeal or other proceeding pending before it to any subordinate court competent to try the same, or to withdraw such proceeding and transfer it, is conferred on the District Court (and the High Court) under :-
aSection 22 of the Code of Civil Procedure
bSection 24 of the Code of Civil Procedure
cSection 25 of the Code of Civil Procedure
dSection 151 of the Code of Civil Procedure
Answer: B
Section 24 CPC confers the general power of transfer and withdrawal of suits, appeals and other proceedings on the High Court and the District Court, exercisable on application or suo motu.
All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the executing court and not by a separate suit. This bar is contained in :-
aSection 96 of the Code of Civil Procedure
bSection 47 of the Code of Civil Procedure
cSection 60 of the Code of Civil Procedure
dOrder XXI Rule 58 of the Code of Civil Procedure
Answer: B
Section 47 CPC requires all questions relating to the execution, discharge or satisfaction of a decree, arising between the parties or their representatives, to be decided by the executing court itself, barring a separate suit.
Where a decree is varied or reversed in any appeal, revision or other proceeding, the court of first instance, on the application of any party entitled to a benefit, shall cause such restitution as will, so far as may be, place the parties in the position they would have occupied but for the decree. This power is exercised under :-
aSection 114 of the Code of Civil Procedure
bSection 151 of the Code of Civil Procedure
cSection 144 of the Code of Civil Procedure
dSection 115 of the Code of Civil Procedure
Answer: C
Section 144 CPC embodies the doctrine of restitution, empowering the court of first instance to restore to a party what has been lost to him in consequence of a decree which has since been varied or reversed.
An order granting or refusing to grant a temporary injunction under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, is :-
aan appealable order under Order XLIII Rule 1
ba final decree not subject to any challenge
copen to review alone under Section 114
drevisable only and not appealable
Answer: A
An order under Order XXXIX Rules 1 and 2 granting or refusing a temporary injunction is an appealable order expressly listed in Order XLIII Rule 1(r) CPC.
The court may, at any stage of the proceedings, order that the name of any party improperly joined be struck out, or that the name of a person who ought to have been joined be added, so that all questions in the suit may be effectually and completely adjudicated upon. This power is conferred by :-
aOrder II Rule 2 of the Code of Civil Procedure
bOrder I Rule 9 of the Code of Civil Procedure
cOrder I Rule 10 of the Code of Civil Procedure
dOrder VIII Rule 6A of the Code of Civil Procedure
Answer: C
Order I Rule 10(2) CPC empowers the court, at any stage, to strike out parties improperly joined and to add necessary or proper parties so that the controversy may be effectually and completely adjudicated.
A second appeal under Section 100 of the Code of Civil Procedure, 1908, lies to the High Court only where the case involves :-
aa question of fact wrongly decided by the first appellate court
ba mixed question of law and fact
ca substantial question of law
dany error apparent on the face of the record
Answer: C
Section 100 CPC permits a second appeal to the High Court only where it is satisfied that the case involves a substantial question of law, which must be framed under Section 100(4) and the appeal heard only on that question. A pure question of fact cannot be re-agitated in second appeal.
Before instituting a suit against the Government in respect of an act purporting to be done by a public officer in his official capacity, a notice in writing under Section 80 of the Code of Civil Procedure must be given, and the suit cannot be instituted until the expiry of :-
atwo months from the notice
bsix months from the notice
cone month from the notice
dthree months from the notice
Answer: A
Section 80 CPC mandates a prior two months' notice in writing before a suit is instituted against the Government or a public officer for acts done in official capacity, so that the claim may be considered and settled.
The doctrine of res sub judice, under which no court shall proceed with the trial of a suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, is contained in :-
aSection 12 CPC
bSection 10 CPC
cSection 11 CPC
dSection 9 CPC
Answer: B
Section 10 CPC embodies the rule of res sub judice (stay of suit), preventing courts of concurrent jurisdiction from simultaneously trying two parallel suits on the same matter between the same parties; res judicata is dealt with separately under Section 11.
In Selvi v. State of Karnataka (2010), the Supreme Court held that the involuntary administration of narco-analysis, polygraph and brain-mapping (BEAP) tests violates:
aThe right against self-incrimination under Article 20(3) read with the right to life and personal liberty under Article 21
bThe right to equality under Article 14
cOnly the right to privacy under Article 21
dOnly the right against self-incrimination under Article 20(3)
Answer: A
The Court held that compelled administration of these tests offends the protection against testimonial compulsion under Article 20(3) and the right to personal liberty under Article 21; results obtained under compulsion are inadmissible.
In I.R. Coelho v. State of Tamil Nadu (2007), a nine-judge Bench held that laws placed in the Ninth Schedule:
aAre immune only if they relate to agrarian reform
bCan never be challenged once enacted by Parliament
cAre wholly immune from judicial review by virtue of Article 31-B
dInserted after 24 April 1973 can be tested against the basic structure / fundamental rights and are open to judicial review
Answer: D
The Court held that laws added to the Ninth Schedule after 24 April 1973 (the date of Kesavananda Bharati) are not immune from judicial review and can be struck down if they damage the basic structure or abridge fundamental rights.
Under the Constitution of India, a Judge of the Supreme Court holds office until he attains the age of, and a Judge of a High Court until he attains the age of, respectively:
a62 years and 60 years
b65 years and 62 years
c65 years and 65 years
d60 years and 58 years
Answer: B
Article 124(2) fixes the retirement age of a Supreme Court Judge at 65 years, while Article 217(1) fixes that of a High Court Judge at 62 years (raised from 60 by the 15th Amendment).
The test of repugnancy between a State law and a Central law occupying the field in the Concurrent List, under Article 254, was authoritatively summarised by the Supreme Court in:
aR.C. Cooper v. Union of India
bM. Karunanidhi v. Union of India
cRam Jawaya Kapur v. State of Punjab
dState of West Bengal v. Union of India
Answer: B
In M. Karunanidhi v. Union of India (1979), the Supreme Court laid down the principles for determining repugnancy between a State and a Central law in the concurrent field under Article 254.
Under Article 249, the Council of States may, by resolution supported by not less than two-thirds of the members present and voting, empower Parliament to make laws on a matter in the State List, and such resolution remains in force for:
aThe duration of the Lok Sabha
bOne year, but may be extended for further periods of one year
cTwo years
dSix months
Answer: B
Under Article 249, a Rajya Sabha resolution (passed by two-thirds of members present and voting) authorising Parliament to legislate on a State List subject remains in force for one year and may be renewed for one year at a time.
Which Article of the Constitution declares that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India?
aArticle 14
bArticle 13
cArticle 16
dArticle 15
Answer: A
Article 14 guarantees both 'equality before the law' (a Dicey/British concept) and 'equal protection of the laws' (an American concept) to all persons within the territory of India.
Under Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when a person is accused of an offence, the burden of proving the existence of circumstances bringing the case within any General Exception of the Bharatiya Nyaya Sanhita lies on:
aThe Court suo motu
bThe prosecution
cNeither party, as it is presumed in favour of the accused
dThe accused
Answer: D
Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 places the burden of proving that the case falls within a General Exception (or any special exception/proviso) on the accused, and the Court presumes the absence of such circumstances.
Under Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the burden of proof in a suit or proceeding initially lies on:
aWhoever would fail if no evidence at all were given on either side
bThe party in possession of the relevant documents
cWhoever desires the Court to give judgment as to any legal right or liability dependent on facts which he asserts
dThe defendant in every case
Answer: C
Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 provides that whoever desires a court to give judgment on a right or liability dependent on facts he asserts must prove those facts; that burden lies on him. (The 'who would fail' rule is the test under Section 105 BSA.)
Illustration (g) to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) permits the Court to presume that:
aAn accomplice is unworthy of credit unless corroborated
bA man who is in possession of stolen goods soon after the theft is the thief
cEvidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it
dJudicial and official acts have been regularly performed
Answer: C
Illustration (g) to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 allows the Court to presume that evidence which could be and is not produced would, if produced, be unfavourable to the person withholding it. (Illustration (b) is the accomplice presumption, (a) the recent-possession one, (e) regularity of official acts.)
Under Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), an accomplice is a competent witness against an accused person, and a conviction is:
aNot illegal if it proceeds upon the corroborated testimony of an accomplice
bIllegal in every case
cPermissible only with the prior sanction of the High Court
dPermissible only in offences punishable with fine
Answer: A
Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 enacts that an accomplice shall be a competent witness against an accused person, and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice (the enacted BSA text uses 'corroborated', unlike the repealed Section 133 IEA which read 'uncorroborated'). Illustration (b) to Section 119 BSA likewise counsels that the Court may presume an accomplice unworthy of credit unless corroborated in material particulars.
Under Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), who is competent to testify?
aAll persons, unless prevented from understanding the questions or giving rational answers by tender years, extreme old age, disease or the like
bOnly persons who have attained the age of majority
cOnly persons who are not interested in the outcome of the case
dOnly persons who can read and write
Answer: A
Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 makes all persons competent to testify unless the Court considers them unable to understand the questions or give rational answers owing to tender years, extreme old age, disease of body or mind, or any other cause of the same kind.
When the Court has to form an opinion as to identity of handwriting or finger impressions, or upon a point of foreign law, science or art, the opinions of persons specially skilled are relevant under:
aSection 26 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
bSection 104 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
cSection 55 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
dSection 39 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
Answer: D
Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 makes relevant the opinions of persons specially skilled in foreign law, science or art, or in identity of handwriting or finger impressions; such persons are called experts.
The 'Tropic of Cancer' passes through which of the following States of India?
aTamil Nadu
bKarnataka
cPunjab
dMadhya Pradesh
Answer: D
The Tropic of Cancer passes through eight Indian States including Madhya Pradesh, roughly bisecting the country, while Punjab, Tamil Nadu and Karnataka lie outside it.
Under Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the proposer:-
awhen it comes to the knowledge of the proposer
bwhen it is put in a course of transmission to the proposer, so as to be out of the power of the acceptor
cwhen the acceptor signs the acceptance
das soon as the acceptance is made by the acceptor
Answer: B
Section 4 provides that communication of acceptance is complete as against the proposer when it is put in course of transmission to him, so as to be out of the power of the acceptor; and as against the acceptor only when it comes to the knowledge of the proposer.
Which of the following precedents established that an advertisement promising a reward can constitute a general offer to the world at large, acceptance of which by performance does not require prior communication to the offeror?
aBalfour Vs. Balfour
bHarvey Vs. Facey
cFelthouse Vs. Bindley
dCarlill Vs. Carbolic Smoke Ball Co.
Answer: D
In Carlill v. Carbolic Smoke Ball Co. (1893) the Court of Appeal held that an advertisement offering a reward was a general offer to the whole world, and performance of the stipulated conditions amounted to acceptance without need of prior communication.
As per Section 2(d) of the Indian Contract Act, 1872, consideration may move:-
aonly from the promisee
bfrom the promisee or any other person, at the desire of the promisor
conly from the promisor
donly from a party who is a stranger to the contract
Answer: B
Section 2(d) defines consideration as an act, abstinence or promise done 'at the desire of the promisor' by 'the promisee or any other person'; thus under Indian law consideration may move from the promisee or a third person.
An agreement made without consideration is valid under Section 25 of the Indian Contract Act, 1872, when it is:-
aany promise to compensate a person who has already done something for the promisor under a legal compulsion
ban oral promise to pay a time-barred debt
can oral promise made out of natural love and affection between near relations
da written and registered promise made on account of natural love and affection between parties standing in near relation to each other
Answer: D
Under Section 25(1), an agreement without consideration is valid only if it is in writing and registered, and made on account of natural love and affection between parties standing in a near relation to each other; the other exceptions (past voluntary service, time-barred debt) have their own distinct conditions.
'A', a minor, executes a mortgage of his property in favour of 'B' to secure a loan. On the principle laid down by the Privy Council in Mohori Bibee Vs. Dharmodas Ghose, the agreement is:-
avalid only to the extent of necessaries supplied
bvoid ab initio
cvoidable at the option of the minor
dvalid and binding on the minor
Answer: B
In Mohori Bibee v. Dharmodas Ghose (1903) the Privy Council held that since a minor is not competent to contract under Section 11, an agreement by a minor is void ab initio and incapable of being ratified.
Under the Bharatiya Nyaya Sanhita, 2023, which one of the following has been introduced for the first time as a kind of punishment, having no counterpart in the repealed Indian Penal Code, 1860?
aImprisonment for life
bSolitary confinement
cForfeiture of property
dCommunity service
Answer: D
Section 4 of the BNS, 2023 lists the punishments, and clause (f) introduces 'community service', a wholly new form of punishment not found in Section 53 of the IPC, 1860.
'Snatching', as a distinct offence quickly or forcibly seizing movable property from a person, is punishable under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 303
bSection 304
cSection 310
dSection 309
Answer: B
Section 304 of the BNS, 2023 creates 'snatching' as a brand-new standalone offence with no equivalent in the IPC, punishable with imprisonment up to three years and fine; theft is dealt with separately under Section 303.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for the offence of murder is provided in:
aSection 101
bSection 105
cSection 100
dSection 103
Answer: D
Section 101 BNS defines murder while Section 103 prescribes the punishment (death or imprisonment for life, and fine); this mirrors the old Sections 300 and 302 IPC.
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) is specifically punishable under which provision of the Bharatiya Nyaya Sanhita, 2023?
aSection 103(2)
bSection 101(1)
cSection 105
dSection 103(1)
Answer: A
Section 103(2) BNS is a new provision that punishes murder by a group of five or more persons on the specified discriminatory grounds with death or imprisonment for life and fine.
Causing death of any person by doing any rash or negligent act not amounting to culpable homicide is punishable under the Bharatiya Nyaya Sanhita, 2023 by:
aSection 106
bSection 104
cSection 108
dSection 105
Answer: A
Section 106 BNS corresponds to the old Section 304A IPC and now prescribes a more stringent punishment of imprisonment up to five years and fine for death by rash or negligent act.
Under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, no arrest shall be made of a person who is infirm or above sixty years of age for an offence punishable with imprisonment for less than three years without prior permission of an officer not below the rank of:
aInspector of Police
bDeputy Superintendent of Police
cSub-Divisional Magistrate
dSuperintendent of Police
Answer: B
The proviso to Section 35 BNSS bars arrest of a person who is infirm or above 60 years of age, for an offence punishable with imprisonment less than three years, except with the prior permission of an officer not below the rank of Deputy Superintendent of Police.
Under Section 187(3) of the BNSS, 2023, the maximum total period of detention authorised during investigation for an offence punishable with imprisonment for ten years or more is:
aSixty days
bOne hundred and eighty days
cNinety days
dSeventy-five days
Answer: C
Section 187(3) BNSS permits detention up to ninety days for offences punishable with death, imprisonment for life, or imprisonment for ten years or more, and sixty days for any other offence; on expiry the accused is entitled to default bail.
Under Section 187 of the BNSS, 2023, as interpreted by the High Courts, police custody of fifteen days for an offence punishable with imprisonment up to ten years may be sought:
aAt any time during the first forty days of the sixty-day period
bOnly after the charge-sheet is filed
cOnly within the first fifteen days of remand
dAt any time within ninety days
Answer: A
Unlike the CrPC, Section 187 BNSS allows the fifteen days of police custody to be sought in parts during the initial forty days (where the total period is sixty days) or sixty days (where the total is ninety days), rather than only within the first fifteen days.
The concept of 'Zero FIR'—registration of information relating to a cognizable offence irrespective of the area where the offence is committed—is now expressly recognised under which provision of the BNSS, 2023?
aSection 154
bSection 173
cSection 175
dSection 190
Answer: B
Section 173(1) BNSS uses the words 'irrespective of the area where the offence is committed', statutorily recognising Zero FIR and permitting information to be given orally or by electronic communication.
Under Section 176(3) of the BNSS, 2023, a forensic expert is required to compulsorily visit the crime scene to collect forensic evidence in respect of offences punishable with imprisonment for a term of:
aTen years or more
bFive years or more
cSeven years or more
dThree years or more
Answer: C
Section 176(3) BNSS makes it mandatory for a forensic expert to visit the crime scene to collect forensic evidence and videograph the process, for offences punishable with imprisonment of seven years or more.
The requirement that the plaintiff must aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract, as a personal bar to the relief of specific performance, is contained in :-
aSection 14
bSection 16(c)
cSection 19
dSection 23
Answer: B
Section 16(c) provides that specific performance cannot be granted in favour of a person who fails to prove that he has performed, or has always been ready and willing to perform, the essential terms of the contract to be performed by him.
A person entitled to any legal character or to any right as to any property may institute a suit for a declaration under Section 34 of the Specific Relief Act, 1963. Where the plaintiff is able to seek further relief than a mere declaration of title but omits to do so, the court :-
ashall make a declaration but direct the plaintiff to seek consequential relief later
bmay grant the declaration on payment of additional court fees
cshall not make any such declaration
dshall grant the declaration in any case
Answer: C
The proviso to Section 34 bars the court from making a mere declaration of title where the plaintiff, being able to seek further relief than a mere declaration, omits to do so.
Rectification of an instrument under Section 26 of the Specific Relief Act, 1963 may be ordered where, through fraud or mutual mistake of the parties, the instrument does not express their real intention. Such rectification :-
amay be ordered so as to prejudice rights acquired by third persons in good faith and for value
bcan never be ordered once the instrument is registered
cshall not be ordered to the prejudice of rights acquired by third persons in good faith and for value
dis available only in respect of a will
Answer: C
Section 26 permits rectification to express the parties' real intention, but only in so far as it does not prejudice rights acquired by third persons in good faith and for value.
Under the Specific Relief Act, 1963, an injunction cannot be granted when equally efficacious relief can certainly be obtained by any other usual mode of proceeding (except in case of breach of trust). This is provided in :-
aSection 41(h)
bSection 41(e)
cSection 41(j)
dSection 41(ha)
Answer: A
Section 41(h) bars grant of an injunction where equally efficacious relief can certainly be obtained by any other usual mode of proceeding, except in case of breach of trust.
Under Section 58(b) of the Transfer of Property Act, 1882, in which type of mortgage does the mortgagor ostensibly sell the property on condition that on default the sale shall become absolute, or on payment it shall become void?
aSimple mortgage
bUsufructuary mortgage
cEnglish mortgage
dMortgage by conditional sale
Answer: D
Section 58(c) defines a mortgage by conditional sale, where the mortgagor ostensibly sells the property on a condition that on default the sale becomes absolute or on payment it becomes void or the property is re-transferred.
The maxim 'once a mortgage, always a mortgage' and the rule that any stipulation fettering the mortgagor's right to redeem is void as a clog on the equity of redemption flow from which provision of the Transfer of Property Act, 1882?
aSection 58
bSection 92
cSection 60
dSection 67
Answer: C
Section 60 confers the mortgagor's right of redemption; the doctrine of clog on redemption ('once a mortgage always a mortgage') is recognised under this section, rendering void any condition that obstructs redemption.
'Subrogation' — the right of a person who pays off a mortgage to step into the shoes of the mortgagee — is dealt with in which section of the Transfer of Property Act, 1882?
aSection 91
bSection 92
cSection 100
dSection 82
Answer: B
Section 92 deals with subrogation, entitling a person (other than the mortgagor) who redeems the mortgage to the same rights as the mortgagee whose mortgage he has redeemed.
In the absence of a contract, local law or usage to the contrary, a lease of immovable property for a purpose other than agricultural or manufacturing is, under Section 106 of the Transfer of Property Act, 1882, deemed to be a lease from month to month terminable by:
aFifteen days' notice
bThirty days' notice
cSix months' notice
dOne month's notice expiring with the end of the month of tenancy
Answer: A
Section 106 deems a lease for any purpose other than agricultural or manufacturing to be a month-to-month lease terminable by fifteen days' notice; after the 2002 amendment the notice need not expire with the end of a month of the tenancy.
On a suit being instituted by the landlord on a ground referred to in Section 12, the tenant claiming protection must deposit or pay the arrears of rent under Section 13(1) within :
athree months of service of summons
bone month of service of summons (or such further time as the Court may allow)
cfifteen days of service of summons
dtwo months of service of summons
Answer: B
Section 13(1) requires the tenant, within one month of service of the writ of summons (or such further time as the Court may allow on application), to deposit or pay the arrears, and thereafter to continue paying month by month by the 15th of each succeeding month.
Under Section 13(1) of the M.P. Accommodation Control Act, 1961, after making the initial deposit, the tenant is required to continue depositing or paying the monthly rent by :
athe 7th of each succeeding month
bthe 10th of each succeeding month
cthe 15th of each succeeding month
dthe last day of each succeeding month
Answer: C
Section 13(1) directs the tenant thereafter to continue to deposit or pay, month by month, by the 15th of each succeeding month, a sum equivalent to the rent at that rate, till the decision of the suit.
Chapter III-A of the M.P. Accommodation Control Act, 1961, providing a special summary procedure for eviction on the ground of bona fide requirement by a special class of landlords, was inserted by amendment with effect from :
a1983
b1961
c1992
d1976
Answer: A
Chapter III-A (Sections 23-A to 23-J) was inserted by M.P. Act 27 of 1983, with effect from 16-8-1983, to provide a speedy remedy for specified categories of landlords.
Under Section 178 of the M.P. Land Revenue Code, 1959, an application for partition of a holding by a bhumiswami is to be made to the -
aCivil Court
bSub-Divisional Officer
cCollector
dTahsildar
Answer: D
Section 178(1) provides that where there is more than one bhumiswami in a holding, any such bhumiswami may apply to a Tahsildar for partition of his share in the holding.
Disputes regarding boundaries between villages, survey numbers and plot numbers, where such boundaries have been fixed under Section 124, are decided under Section 125 of the M.P. Land Revenue Code, 1959 by the -
aCollector
bCommissioner
cSub-Divisional Officer
dTahsildar
Answer: D
Section 125 provides that all such boundary disputes shall be decided by the Tahsildar after local inquiry at which all interested persons have an opportunity of appearing and producing evidence.
Penalty for unauthorisedly taking possession of land, providing for summary ejectment of an encroacher, is contained in which section of the M.P. Land Revenue Code, 1959?
aSection 246
bSection 248
cSection 253
dSection 250
Answer: B
Section 248 empowers the Tahsildar to summarily eject any person who unauthorisedly takes or remains in possession of unoccupied land, abadi, service land or Government land, and to impose fine.
RAM (Random Access Memory) is volatile primary memory whose contents are lost when power is switched off, unlike non-volatile storage such as a hard disk.
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