Madhya Pradesh Judiciary Mock Test 5 — Questions & Solutions
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Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the burden of proving that the case of an accused falls within any of the General Exceptions in the Bharatiya Nyaya Sanhita, or within any special exception, lies on:
athe accused, and the Court shall presume the absence of such circumstances
bthe Court, which must investigate the matter suo motu
cwhichever party first asserts the exception
dthe prosecution, throughout the trial
Answer: A
Section 108 BSA (formerly Section 105 IEA) places the burden of proving the existence of circumstances bringing the case within an exception upon the accused, and the Court is to presume the absence of such circumstances.
Under Section 139 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the number of witnesses required for the proof of any fact is:
aat least two in all cases
bas many as the Court may direct before trial
cno particular number; evidence is to be weighed and not counted
dat least three in cases punishable with death
Answer: C
Section 139 BSA (formerly Section 134 IEA) provides that no particular number of witnesses shall in any case be required for the proof of any fact, embodying the maxim that evidence is to be weighed and not counted.
Under Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), an accomplice:
ais not a competent witness against an accused person
bcan testify only after being granted pardon by the High Court
cis a competent witness, and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice
dis competent only in cases triable by a Court of Session
Answer: C
Section 138 BSA provides that an accomplice shall be a competent witness against an accused person, and that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. Note that the enacted BSA text reads 'corroborated' (a deliberate departure from the repealed IEA s.133, which spoke of a conviction not being illegal 'merely because it proceeds upon the uncorroborated testimony of an accomplice'). Illustration (b) to Section 119 BSA permits the Court to presume an accomplice unworthy of credit unless corroborated in material particulars.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the examination of a witness by the party who calls him is called:
aexamination-in-chief
bleading examination
ccross-examination
dre-examination
Answer: A
Section 142 BSA (formerly Section 137 IEA) defines examination-in-chief as the examination of a witness by the party who calls him; examination by the adverse party is cross-examination, and subsequent examination by the party calling him is re-examination.
The power of the Judge to ask any question he pleases, in any form, at any time, of any witness or of the parties, about any fact relevant or irrelevant in order to discover or obtain proper proof of relevant facts, is conferred by which provision of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aSection 165
bSection 170
cSection 167
dSection 168
Answer: D
Section 168 BSA (formerly Section 165 IEA) confers wide powers on the Judge to put any question to any witness or party at any time to discover or obtain proper proof of relevant facts, subject to the safeguards in the proviso regarding the judgment being based on relevant and duly proved facts.
Under Section 5 of the Indian Contract Act, 1872, a proposal may be revoked at any time -
aat any time before the acceptance actually comes to the knowledge of the proposer
bbefore the communication of its acceptance is complete as against the acceptor, but not afterwards
cbefore the acceptor posts his letter of acceptance, but not after he posts it even if the proposer has no knowledge of it
dbefore the communication of its acceptance is complete as against the proposer, but not afterwards
Answer: D
Section 5 expressly 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; an acceptance may be revoked before its communication is complete as against the acceptor.
A, for natural love and affection, promises in writing and registers an instrument to give his son B Rs. 1,000. Under the Indian Contract Act, 1872, this agreement is -
avoid, as it is made without consideration
bvoidable at the option of A, the promisor
cvalid only if B has already rendered some service to A
da valid contract by virtue of Section 25(1)
Answer: D
Section 25(1) makes an agreement without consideration valid if it is expressed in writing and registered, and is made on account of natural love and affection between parties standing in a near relation to each other.
Under Section 128 of the Indian Contract Act, 1872, the liability of the surety -
aarises only after the creditor has first exhausted remedies against the principal debtor
bis co-extensive with that of the principal debtor, unless it is otherwise provided by the contract
cis always limited to half the liability of the principal debtor
dis independent of and unconnected with the liability of the principal debtor
Answer: B
Section 128 declares that the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract, so the surety is liable to the same extent as the principal debtor.
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 obligation of the person enjoying the benefit to make compensation is found in -
aSection 70 of the Indian Contract Act, 1872
bSection 68 of the Indian Contract Act, 1872
cSection 73 of the Indian Contract Act, 1872
dSection 72 of the Indian Contract Act, 1872
Answer: A
Section 70, a quasi-contractual provision, obliges a person who enjoys the benefit of a non-gratuitous act or delivery to compensate or restore to the person who lawfully did or delivered it, embodying the principle of quantum meruit.
Under Section 25(3) of the Indian Contract Act, 1872, a promise to pay a debt of which the creditor might have enforced payment but for the law of limitation of suits is a valid agreement only if the promise is:
asupported by fresh consideration moving from the creditor
bregistered before the Sub-Registrar of the district
coral but made before two attesting witnesses
dmade in writing and signed by the person to be charged therewith or by his duly authorised agent
Answer: D
Section 25(3) makes a promise to pay a time-barred debt enforceable without fresh consideration only when it is made in writing and signed by the person to be charged or by his agent generally or specially authorised in that behalf.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for the offence of murder is prescribed by:
aSection 302
bSection 103
cSection 101
dSection 105
Answer: B
Murder is defined in Section 101 BNS, but its punishment (death or imprisonment for life, and fine) is laid down in Section 103 BNS. The old IPC Section 302 stands replaced.
'A', by making a promise to marry 'W' which he never intended to fulfil, induces 'W' to have sexual intercourse with him, the act not amounting to rape. Under the Bharatiya Nyaya Sanhita, 2023, the maximum imprisonment that may be imposed on 'A' under Section 69 is:
aSeven years
bTen years
cImprisonment for life
dThree years
Answer: B
Section 69 BNS punishes sexual intercourse obtained by deceitful means or a false promise to marry (not amounting to rape) with imprisonment of either description up to ten years and fine. This is a wholly new offence with no exact IPC counterpart.
Under Section 106(1) of the Bharatiya Nyaya Sanhita, 2023, where death is caused by a rash or negligent act (not amounting to culpable homicide) by a registered medical practitioner while performing a medical procedure, the maximum imprisonment that may be imposed is:
aTwo years
bFive years
cTen years
dSeven years
Answer: A
Under the proviso to Section 106(1) BNS, a registered medical practitioner causing such death during a medical procedure is liable to imprisonment up to two years and fine, as against the general maximum of five years for causing death by negligence.
The offence of 'snatching', whereby a person, in order to commit theft, suddenly or quickly or forcibly seizes or grabs movable property, has been introduced for the first time as a distinct offence under the Bharatiya Nyaya Sanhita, 2023. It is punishable under:
aSection 309
bSection 305
cSection 304
dSection 303
Answer: C
Section 304 BNS newly defines 'snatching' and prescribes imprisonment of either description up to three years and fine. There was no separate provision for snatching in the IPC.
Under the Bharatiya Nyaya Sanhita, 2023, where five or more persons acting in concert commit murder on the ground of race, caste, sex, place of birth, language or personal belief, the minimum imprisonment that may be imposed on each member (where death or life imprisonment is not awarded) under Section 103 is:
aThree years
bSeven years
cTen years
dFive years
Answer: B
Section 103(2) BNS provides that for such 'mob/hate' murders by a group of five or more persons, each member is punishable with death, or imprisonment for life, or imprisonment for a term not less than seven years, and fine. This sub-section has no IPC equivalent.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the total period of detention in police custody that a Magistrate may authorise in respect of an accused shall not exceed -
aThirty days in the whole
bFifteen days in the whole, whether at one time or in parts
cSeven days in the whole
dSixty days in the whole
Answer: B
Section 187 BNSS retains the fifteen-day ceiling on police custody, but now permits it to be sought in parts spread over the first forty or sixty days of the overall sixty/ninety-day investigation period, unlike the old Section 167 CrPC.
Under the first proviso to Section 479(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a person who is a first-time offender (never previously convicted) shall be released on bond by the Court if he has undergone detention for a period extending up to -
aOne-third of the maximum period of imprisonment specified for the offence
bOne-fourth of the maximum period of imprisonment specified for the offence
cOne-half of the maximum period of imprisonment specified for the offence
dThe whole of the maximum period of imprisonment specified for the offence
Answer: A
While the general rule under Section 479(1) BNSS entitles an undertrial to release on bail after detention of one-half of the maximum imprisonment, the first proviso lowers this to one-third for a first-time offender; the benefit does not extend to offences punishable with death or life imprisonment.
Under Section 23(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court of a Magistrate of the first class may pass a sentence of -
aAny sentence authorised by law except death, life imprisonment or imprisonment exceeding seven years
bImprisonment not exceeding seven years, or fine not exceeding ten thousand rupees, or both
cImprisonment not exceeding one year, or fine not exceeding five thousand rupees, or both
dImprisonment not exceeding three years, or fine not exceeding fifty thousand rupees, or both, or community service
Answer: D
Section 23 BNSS empowers a first-class Magistrate to award up to three years' imprisonment or fine up to fifty thousand rupees or both, and now additionally to order community service; option (d) describes a Chief Judicial Magistrate's powers.
Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023 introduces trial in absentia of a proclaimed offender. Such inquiry or trial shall not commence unless a period of how long has lapsed from the date of framing of the charge?
aOne hundred eighty days
bNinety days
cThirty days
dSixty days
Answer: B
Section 356 BNSS, a wholly new provision, permits trial in absentia of an absconding proclaimed offender only after ninety days have lapsed from framing of charge, and requires two consecutive warrants of arrest issued at least thirty days apart.
Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, information relating to the commission of a cognizable offence -
aCan be registered only after prior permission of the Magistrate
bCan be given only at the police station within whose local jurisdiction the offence is committed
cMay be given orally or by electronic communication, irrespective of the area where the offence is committed (Zero FIR)
dMust always be reduced to writing and signed before any entry can be made
Answer: C
Section 173 BNSS statutorily recognises the Zero FIR and permits information of a cognizable offence to be given by electronic communication irrespective of jurisdiction (electronic information being signed within three days), a significant departure from the old Section 154 CrPC.
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 a period of twelve months from the date of service of summons to the defendant, and this period may be extended for a further period not exceeding :-
athree months in aggregate, after recording reasons in writing
bnine months in aggregate, after recording reasons in writing
csix months in aggregate, after recording reasons in writing
dtwelve months in aggregate, after recording reasons in writing
Answer: C
Section 20C, notwithstanding the CPC, prescribes disposal within twelve months of service of summons, extendable by a further period not exceeding six months in aggregate after the court records reasons in writing.
A plaintiff who is entitled to any legal character or to any right as to any property, but who, being able to seek further relief than a mere declaration of title, omits to do so, faces what consequence under Section 34 of the Specific Relief Act, 1963 ?
aThe court shall grant the declaration on payment of additional court fee
bThe court shall stay the suit until the further relief is claimed
cThe court shall not make any such declaration
dThe court may still grant the declaration in its discretion
Answer: C
The proviso to Section 34 bars a court from making a declaration where the plaintiff, being able to seek further relief (such as possession or consequential relief), omits to do so; a bare declaratory suit is then not maintainable.
In a suit for specific performance of a contract, Section 21 of the Specific Relief Act, 1963 empowers the court to award compensation :-
aonly where the contract relates to immovable property
beither in addition to, or in substitution for, such performance
conly in substitution for performance and never in addition to it
din no circumstances, as compensation must be claimed in a separate suit
Answer: B
Section 21 allows the plaintiff in a specific-performance suit to claim compensation, and the court may award it either in addition to specific performance or in substitution for it, the amount being assessed in accordance with Section 73 of the Indian Contract Act, 1872.
Which of the following is NOT a ground on which an injunction can be refused under Section 41 of the Specific Relief Act, 1963 ?
aTo prevent the continuing breach of an obligation in favour of a plaintiff who has invaded the defendant's rights
bTo restrain any person from instituting or prosecuting any proceeding in a criminal matter
cTo prevent the breach of a contract the performance of which would not be specifically enforced
dTo restrain any person from prosecuting a pending judicial proceeding, where the injunction is not to prevent a multiplicity of proceedings
Answer: A
Clauses (a) to (e) of Section 41 list situations where an injunction cannot be granted, including restraint of pending judicial or criminal proceedings and breaches of unenforceable contracts; preventing the continuing breach of an obligation is precisely when a perpetual injunction is granted under Section 38, not a ground of refusal.
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 is, under the Transfer of Property Act, called an exchange. This is defined in:
aSection 100
bSection 54
cSection 118
dSection 122
Answer: C
Section 118 of the Transfer of Property Act defines 'exchange' as the mutual transfer of the ownership of one thing for the ownership of another, neither thing or both being money only.
The doctrine of subrogation, by which a person who pays off a mortgage debt may be invested with the rights of the mortgagee he has paid off, is dealt with under which section of the Transfer of Property Act?
aSection 92
bSection 100
cSection 91
dSection 82
Answer: A
Section 92 of the Transfer of Property Act deals with subrogation, conferring on the person redeeming the mortgage the same rights as the mortgagee whose mortgage he redeems.
Under the doctrine of election in Section 35 of the Transfer of Property Act, where a person professes to transfer property which he has no right to transfer and, as part of the same transaction, confers a benefit on the owner of that property, the owner:
ais entitled to both retain his own property and take the benefit conferred
bis bound to confirm the transfer in all circumstances
ccan never take the benefit, as the transfer is wholly void
dmust elect either to confirm the transfer or to dissent from it, and if he dissents he must relinquish the benefit conferred
Answer: D
Section 35 of the Transfer of Property Act embodies the doctrine of election: a person taking a benefit under an instrument which also professes to transfer his own property must elect to confirm the transfer or dissent; if he dissents and retains his property, he must relinquish the benefit.
Which of the following is an essential condition for invoking the protection of the doctrine of part performance under Section 53A of the Transfer of Property Act?
aThe contract to transfer immovable property may be oral, provided possession is delivered
bThe transferee need not be willing to perform his part of the contract
cThere must be a written contract to transfer immovable property for consideration from which the terms can be ascertained with reasonable certainty, and the transferee must have taken or continued in possession in part performance
dThe doctrine confers on the transferee a positive right to obtain a decree for possession against the transferor
Answer: C
Section 53A requires a written contract for transfer of immovable property for consideration whose terms can be ascertained with reasonable certainty, the transferee taking possession in part performance and being willing to perform his part; the doctrine is a shield (a defence), not a sword conferring a right to sue for possession.
An appeal against an order of the Rent Controlling Authority made under the M.P. Accommodation Control Act, 1961 (otherwise than under Chapter III-A) lies, under Section 31, to :
athe Commissioner of the Division
bthe High Court
cthe District Judge or an Additional District Judge
dthe Court of Small Causes
Answer: C
Under Section 31, an appeal from an order of the Rent Controlling Authority lies to the District Judge (or an Additional District Judge to whom it may be assigned) having territorial jurisdiction, generally within thirty days of the order.
Where leave to contest is granted to the tenant under Chapter III-A, the Rent Controlling Authority is required, as far as may be, to decide the application within :
athree months of granting leave
btwo months of granting leave
cone year of granting leave
dsix months of granting leave
Answer: D
Under Section 23-D, where leave to contest is granted, the Rent Controlling Authority shall commence the hearing as early as practicable and decide the application, as far as may be, within six months of the order granting leave to the tenant.
Under Section 13(1) of the M.P. Accommodation Control Act, 1961, in a suit or proceeding instituted by the landlord on a ground referred to in Section 12, within what period must the tenant deposit in court or pay to the landlord the arrears of rent calculated at the rate at which it was last paid?
aWithin three months of the first hearing of the suit
bWithin two months of the institution of the suit
cWithin fifteen days of the service of the writ of summons or notice
dWithin one month of the service of the writ of summons or notice of the proceeding
Answer: D
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), to deposit/pay the arrears, and thereafter Section 13(1) obliges him to continue depositing the monthly rent by the 15th of each succeeding month.
Under Section 246 of the M.P. Land Revenue Code, 1959, a person who at the coming into force of the Code lawfully holds land as a house site in the abadi shall be -
aa Government lessee
ba licensee of the Gram Panchayat
can occupancy tenant
da bhumiswami in respect of such land
Answer: D
Section 246 provides that, subject to Section 244, every person lawfully holding land as a house site in the abadi shall be a bhumiswami in respect of such land.
Revisional power exercisable by the Board of Revenue, at any time on its own motion or on application, to satisfy itself as to the legality or propriety of an order, is conferred by which section of the M.P. Land Revenue Code, 1959?
aSection 50
bSection 53
cSection 51
dSection 49
Answer: A
Section 50 confers revisional power on the Board of Revenue; Section 49 deals with the power of the appellate authority and Section 51 with review of orders.
Rights of way and other private easements are dealt with under which section of the M.P. Land Revenue Code, 1959?
aSection 132
bSection 131
cSection 130
dSection 129
Answer: B
Section 131 deals with rights of way and other private easements; Section 130 provides the penalty for destruction/injury of boundary marks and Section 132 the penalty for obstruction of way.
Choose the word which best expresses the meaning of the following: "A self-seeking person who flatters those in power to gain advantage."
aMisanthrope
bConnoisseur
cSycophant
dIconoclast
Answer: C
A 'sycophant' is a servile flatterer who curries favour with the powerful; a misanthrope hates mankind, an iconoclast attacks cherished beliefs, and a connoisseur is an expert judge in matters of taste.
The Latin expression "sine qua non", frequently used in legal writing, means:
aA matter of no consequence
bAn afterthought added later
cAn indispensable condition or essential element
dA burden cast on the other party
Answer: C
'Sine qua non' literally means 'without which, not' and denotes something absolutely essential or indispensable, i.e., a condition without which the result cannot exist.
In computing the period of limitation for an appeal under Section 12 of the Limitation Act, 1963, which of the following is correctly excluded?
aOnly the day on which the judgment was pronounced, but not the time taken to obtain the copy of the decree
bThe entire period during which the appellant's advocate was absent from station
cOnly the time requisite for obtaining a copy of the decree, the day of pronouncement being counted
dThe day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree or order appealed from
Answer: D
Section 12(2) provides that in computing limitation for an appeal (or application for leave to appeal, revision or review), the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order shall both be excluded.
A suit is based upon the fraud of the defendant, and the fraud is discovered by the plaintiff only several years after it was committed. Under Section 17 of the Limitation Act, 1963, from when does the period of limitation begin to run?
aFrom the date the suit is filed, fraud having no effect on limitation
bFrom the date on which the defendant admits the fraud in writing
cIt shall not begin to run until the plaintiff has discovered the fraud, or could with reasonable diligence have discovered it
dFrom the date on which the fraud was actually committed by the defendant
Answer: C
Section 17(1) postpones the running of limitation in cases of fraud or mistake: the period does not begin to run until the plaintiff or applicant has discovered the fraud or mistake, or could with reasonable diligence have discovered it.
Under Section 6 of the Negotiable Instruments Act, 1881, the expression "cheque" includes :-
aThe electronic image of a truncated cheque and a cheque in the electronic form
bA demand draft and a banker's pay order
cOnly a paper instrument drawn on a specified banker payable on demand
dAny bill of exchange payable otherwise than on demand
Answer: A
Section 6 defines a cheque as a bill of exchange drawn on a specified banker and payable on demand, and (after the 2002 amendment) expressly includes the electronic image of a truncated cheque and a cheque in the electronic form.
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.
bAfcons Infrastructure Ltd. Vs. Cherian Varkey Construction Co.
cK.K. Velusamy Vs. N. Palanisamy
dSalem Advocate Bar Association Vs. Union of India
Answer: B
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 substantial question of law
ban error of fact apparent on the face of the record
ca wrong appreciation of evidence by the lower appellate court
da mixed question of law and fact
Answer: A
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 :-
aone hundred eighty 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
dninety days from the date of service of summons
Answer: D
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 :-
athirty days in total
bninety days in total
cfifteen days in total
dsixty days in total
Answer: A
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 7
cOrder IX Rule 4
dOrder IX Rule 13
Answer: D
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 144 of the Code of Civil Procedure
cSection 115 of the Code of Civil Procedure
dSection 151 of the Code of Civil Procedure
Answer: B
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)
bMinerva Mills v. Union of India (1980)
cGolak Nath v. State of Punjab (1967)
dKesavananda Bharati v. State of Kerala (1973)
Answer: D
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
b73rd Amendment Act, 1992
c65th Amendment Act, 1990
d74th Amendment Act, 1992
Answer: B
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?
aTwelfth Schedule
bEighth Schedule
cNinth Schedule
dTenth Schedule
Answer: D
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:
aFor the enforcement of fundamental rights as well as 'for any other purpose'
bOnly against the State and its instrumentalities
cOnly when no alternative remedy is available
dOnly in respect of disputes arising within the High Court's territory
Answer: A
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 :-
arelates only to a future spiritual benefit
bis made after the inducement has been fully removed
cproceeds from any private individual whatsoever
dhas reference to the charge and proceeds from a person in authority, giving reasonable grounds for supposing a temporal advantage or avoidance of evil
Answer: D
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 22
bSection 25
cSection 23
dSection 24
Answer: C
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
bmust treat the confession as substantive evidence equal to sworn testimony
cmust convict the co-accused solely on that confession
dmay take such confession into consideration as against the co-accused as well as the maker
Answer: D
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 :-
aforeign law, science, art, identity of handwriting and finger impressions
bany disputed question of fact, whether technical or not
cdomestic procedure and local custom only
dIndian law, science and art only
Answer: A
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
bbefore the communication of its acceptance is complete as against the proposer, but not afterwards
ceven after the acceptance has come to the knowledge of the proposer
donly with the consent of the acceptor
Answer: B
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 -
acoercion under Section 15
bfraud under Section 17
cundue influence under Section 16
dmisrepresentation under Section 18
Answer: A
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
bA promise in writing and signed to pay a time-barred debt
cAn oral agreement to make a gift of immovable property to a distant friend
dAn agreement made on account of natural love and affection between parties standing in a near relation, expressed in writing and registered
Answer: C
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 101
bSection 103
cSection 105
dSection 102
Answer: B
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 103(2)
bSection 111(2)
cSection 101(2)
dSection 117(4)
Answer: A
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 22
cSection 20
dSection 21
Answer: C
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 176
bSection 173
cSection 175
dSection 154
Answer: B
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 :-
asix months from the date of dispossession
bthree months from the date of dispossession
cone year from the date of dispossession
dtwelve years from the date of dispossession
Answer: A
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
bNo appeal shall lie and no review shall be allowed
cA review is allowed but no appeal lies
dBoth appeal and review are available as of right
Answer: B
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 :-
athirty days
bfifteen days
csixty days
dninety days
Answer: A
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:
aboth the transfer and the condition are void
bthe condition is valid and binds B absolutely
cthe transfer is voidable at the option of A
dthe transfer is valid but the condition restraining alienation is void
Answer: D
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 :
afifteen days of the date of service of the notice of demand
bone month of the date of service of the notice of demand
ctwo 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
dthree months of the date of service of the notice of demand
Answer: C
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 7th of each succeeding month
bthe 1st of each succeeding month
cthe 15th of each succeeding month
dthe 10th of each succeeding month
Answer: C
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 alone, sitting singly
ba President and one other member
ca President and two or more other members
da Chairman and four members
Answer: C
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 :-
aSub-Divisional Officer
bTahsildar
cSuperintendent of Land Records
dCollector
Answer: B
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 Windows
bAdobe Photoshop
cGoogle Chrome
dMicrosoft Excel
Answer: A
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 -
aon the day the Court reopens
bonly after obtaining condonation of delay under Section 5
cwithin thirty days of the Court reopening
dby lodging it with the District Magistrate the same day
Answer: A
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 :-
aThree years
bTwo years
cOne year
dSix months
Answer: B
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 22 of the Code of Civil Procedure
cSection 23 of the Code of Civil Procedure
dSection 24 of the Code of Civil Procedure
Answer: D
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 refusing to strike out an issue under Order XIV Rule 5
ban order under Order IX Rule 13 rejecting an application to set aside an ex-parte decree
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: B
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
bthree months from the date of the decree
csix months from the date of the decree
done month from the date of the decree
Answer: B
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
bdirectly and substantially in issue in a former suit and heard and finally decided by a competent court
cdecided by any court irrespective of its competence to try the subsequent suit
dincidentally or collaterally in issue in the former suit
Answer: B
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
bOrder II Rule 2
cExplanation I to Section 11
dExplanation IV to Section 11
Answer: D
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 :-
ais founded on a correct view of international law
bhas been given on the merits of the case
chas been obtained by fraud
dhas been pronounced by a Court of competent jurisdiction
Answer: C
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:
aAn ordinary statutory right
bA Fundamental Duty of the citizen
cA Directive Principle of State Policy
dThe heart and soul of the Constitution
Answer: D
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 39
bArticle 44
cArticle 48
dArticle 51
Answer: B
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 39A
cArticle 235
dArticle 50
Answer: D
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 263
bArticle 280
cArticle 282
dArticle 281
Answer: B
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?
aSixth Schedule
bFifth Schedule
cFourth Schedule
dSeventh Schedule
Answer: B
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 ?
aOnly a motive for any fact in issue or relevant fact
bOnly the subsequent conduct of an accused after arrest
cAny 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
dOnly preparation for any fact in issue or relevant fact
Answer: C
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
bno burden lies on either party regarding the exception
cthe prosecution must disprove the existence of the exception beyond reasonable doubt
dthe 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
Answer: D
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's evidence is conclusive proof of guilt
cCorroboration of an accomplice's testimony is wholly unnecessary in every case
dAn 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
Answer: D
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
cfurther examination-in-chief
dre-examination
Answer: D
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?
aHoshangabad
bSehore
cRaisen
dVidisha
Answer: C
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 213
bArticle 72
cArticle 161
dArticle 163
Answer: C
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 property of such minor
bpersonally from the minor
cfrom the guardian personally in all cases
donly after the minor attains majority
Answer: A
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?
aWhere it is forbidden by law
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
dAll of the above
Answer: D
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 -
aillegal and punishable
bvalid if reasonable
cvoid to that extent
dvoidable at the option of the restrained party
Answer: C
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 -
aSatyabrata Ghose v. Mugneeram Bangur & Co.
bCarlill v. Carbolic Smoke Ball Co.
cMohori Bibee v. Dharmodas Ghose
dBalfour v. Balfour
Answer: A
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?
aCommunity service
bSolitary confinement
cForfeiture of property
dWhipping
Answer: A
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 309
cSection 303
dSection 304
Answer: D
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
bFive or more
cFour or more
dThree or more
Answer: B
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 111
cSection 61
dSection 59
Answer: C
Section 61 BNS defines and punishes criminal conspiracy, replacing the old Sections 120A and 120B IPC.
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