Madhya Pradesh Judiciary Mock Test 6 — Questions & Solutions
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Under the Bharatiya Nyaya Sanhita, 2023, a man who, by deceitful means or by making a false promise to marry without intending to fulfil it, has sexual intercourse with a woman (such intercourse not amounting to rape) is punishable under -
aSection 69
bSection 85
cSection 64
dSection 67
Answer: A
Section 69 BNS is a new provision punishing sexual intercourse by deceitful means or false promise of marriage with imprisonment up to ten years and fine; the Explanation includes false promise of employment, promotion or marrying by suppressing identity.
Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 introduces, for the first time, the procedure for trial in absentia of a proclaimed offender who has absconded to evade trial and against whom there is no immediate prospect of arrest?
aSection 356
bSection 355
cSection 84
dSection 299
Answer: A
Section 356 BNSS is a new provision permitting trial and pronouncement of judgment in absentia against a declared proclaimed offender, deeming his absconding a waiver of the right to be present.
Under the proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, before taking cognizance of an offence on a complaint, the Magistrate is required to:
arecord the statement of the complainant on oath only
bgive the accused an opportunity of being heard
crefer the complaint to the police for investigation
dissue process to the accused without any hearing
Answer: B
The proviso to Section 223(1) BNSS is a new safeguard requiring that the accused be given an opportunity of being heard before the Magistrate takes cognizance on a complaint.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a mercy petition by a convict under sentence of death to the President or the Governor must be filed within:
athirty days from the date the Superintendent of jail informs him of the dismissal of his appeal
bfifteen days from the date the Superintendent of jail informs him of the dismissal of his appeal
csixty days from the date of confirmation of sentence
dninety days from the date of confirmation of sentence
Answer: A
Section 472(1) BNSS, a new statutory mercy-petition provision, prescribes a thirty-day window from the date the jail Superintendent informs the convict of dismissal of his appeal/review/SLP.
Under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the process of search and seizure and preparation of the list of seized things is required to be:
aaudio-video electronically recorded, preferably by mobile phone
bwitnessed by at least four independent persons
crecorded only in writing by the investigating officer
dattested by a Judicial Magistrate in person
Answer: A
Section 105 BNSS mandates that search, seizure and the preparation of the list of seized articles be recorded through audio-video electronic means, preferably a mobile phone.
Under Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, it is mandatory for a forensic expert to visit the crime scene to collect forensic evidence where the offence is punishable with imprisonment for a term of:
afive years or more
bthree years or more
cseven years or more
dten years or more
Answer: C
Section 176(3) BNSS makes forensic investigation at the crime scene compulsory for offences punishable with imprisonment of seven years or more.
A party who has obtained substituted performance of a contract under section 20 of the Specific Relief Act, 1963 :-
ais entitled to neither specific performance nor compensation
bis entitled to claim specific performance in addition to the cost of substituted performance
cshall not be entitled to claim relief of specific performance against the party in breach, but may claim compensation
dmust first obtain leave of the court before recovering the cost
Answer: C
Under section 20, a party who obtains substituted performance cannot thereafter claim specific performance against the party in breach, but he remains entitled to recover the expenses and costs actually incurred and to claim compensation.
Special provisions making it impermissible for a court to grant an injunction in any suit where granting it would cause hindrance or delay in the progress or completion of an infrastructure project specified in the Schedule, are contained in which section of the Specific Relief Act, 1963 ?
aSection 20C
bSection 14A
cSection 20B
dSection 20A
Answer: D
Section 20A, inserted by the 2018 Amendment, bars the grant of an injunction in suits relating to infrastructure projects specified in the Schedule where it would impede or delay the project.
Under section 20B of the Specific Relief Act, 1963, a Special Court is required to endeavour to dispose of a suit relating to an infrastructure project, from the date of service of summons to the defendant, within a period of :-
aeighteen months, not extendable
bsix months, extendable by three months
ctwenty-four months, extendable by six months
dtwelve months, extendable by a further period not exceeding six months in aggregate
Answer: D
Section 20B (read with section 20C) provides that Special Courts shall endeavour to dispose of such suits within twelve months from the date of service of summons, extendable by a further period not exceeding six months in the aggregate for reasons recorded.
The power of the court to engage one or more experts, to direct such experts to report on any specific issue and to secure their attendance, is conferred by which section of the Specific Relief Act, 1963 ?
aSection 14
bSection 20A
cSection 21A
dSection 14A
Answer: D
Section 14A, inserted by the 2018 Amendment, empowers the court to engage experts on specific issues in a suit and to secure their attendance; their opinion forms part of the record.
Under Section 13 of the Transfer of Property Act, 1882, an interest created for the benefit of an unborn person:
amust comprise the whole of the remaining interest of the transferor (an absolute interest)
bmust always be a limited life interest
cis void in every case as the beneficiary is not in existence
dmay be created directly in favour of the unborn person
Answer: A
Section 13 requires that a transfer for an unborn person be preceded by a prior life interest and that the unborn person take the whole of the transferor's remaining interest; a mere life estate cannot be conferred on the unborn.
The doctrine that a person who takes a benefit under an instrument must also bear the burden under it, and cannot approbate and reprobate the same transaction, is embodied in which section of the Transfer of Property Act, 1882?
aSection 35 (Election)
bSection 41 (Ostensible owner)
cSection 51 (Improvements by bona fide holder)
dSection 43 (Feeding the grant by estoppel)
Answer: A
Section 35 enacts the doctrine of election: where a transferor professes to transfer property he has no right to transfer and confers a benefit on its owner, the owner must elect to confirm the transfer or relinquish the benefit.
Section 41 of the Transfer of Property Act, 1882 (transfer by an ostensible owner) protects a transferee only where, among other conditions, the transferee:
aacted in good faith after taking reasonable care to ascertain that the transferor had power to make the transfer
bwas a relative of the real owner
ctook the transfer gratuitously and without enquiry
dobtained the consent of the real owner in writing
Answer: A
Section 41 protects a transferee for consideration from an ostensible owner only if he acted in good faith after taking reasonable care to ascertain that the transferor had power to transfer.
'A', having no title, fraudulently represents that he is entitled to certain land and sells it to 'B' for value. 'A' later acquires good title to that very land. Under Section 43 of the Transfer of Property Act, 1882:
aB may, at his option, require the after-acquired interest to be transferred to him, the contract of transfer still subsisting
bA may rescind the sale on acquiring title
cB can only claim damages and not the property
dthe sale remains void and B acquires nothing
Answer: A
Section 43 (feeding the grant by estoppel) allows the misled transferee for consideration, at his option, to claim the interest the transferor subsequently acquires, so long as the contract subsists, as affirmed in Jumma Masjid, Mercara v. Kodimaniandra Deviah, AIR 1962 SC 847.
Under Section 13(2) of the M.P. Accommodation Control Act, 1961, the court is required to fix a reasonable provisional rent where, in the suit or proceeding, there is a dispute as to :
athe date of commencement of the tenancy
bthe relationship of landlord and tenant
cthe arrears of rent only
dthe amount of rent payable by the tenant
Answer: D
Section 13(2) requires the court, on a plea taken at the earliest opportunity, to fix a reasonable provisional rent where there is a dispute as to the amount of rent payable by the tenant.
If a tenant fails to deposit or pay any amount as required by Section 13 of the M.P. Accommodation Control Act, 1961, the court :
amay order the defence against eviction to be struck out and proceed with the hearing of the suit
bshall initiate contempt proceedings against the tenant
cshall award costs and adjourn the matter sine die
dshall straightway pass a decree of eviction against the tenant
Answer: A
Under Section 13(6), on the tenant's failure to deposit or pay the required amount the court may order the defence against eviction to be struck out and shall proceed with the hearing of the suit, appeal or proceeding.
Under the proviso to Section 12(3) of the M.P. Accommodation Control Act, 1961, a tenant who has once obtained the benefit of protection against eviction for non-payment of rent loses that benefit if he again defaults in payment of rent for :
atwo consecutive months
bthree consecutive months
cfour consecutive months
dsix consecutive months
Answer: B
The proviso to Section 12(3) denies the benefit of the sub-section to a tenant who, having once obtained it for any accommodation, again makes default in payment of rent for three consecutive months.
Under Section 57 of the M.P. Land Revenue Code, 1959, all lands, public roads, lanes, paths, bridges, rivers, streams, tanks and standing and flowing water, mines, quarries, minerals and subsoil are declared to be the property of :-
athe bhumiswami in possession
bthe Gram Panchayat
cthe Board of Revenue
dthe State Government
Answer: D
Section 57 vests State ownership in all lands and the enumerated natural resources, save in so far as any rights therein are expressly conferred on any person by or under the Code or any other enactment.
Diversion of a holding from one purpose to another, with intimation to the Sub-Divisional Officer, is dealt with under which Section of the M.P. Land Revenue Code, 1959?
aSection 165
bSection 172
cSection 59
dSection 178
Answer: B
Section 172 deals with 'Diversion of land', requiring the bhumiswami to give intimation of diversion; Section 59 separately governs variation of land revenue according to the purpose for which land is used.
Under the M.P. Land Revenue Code, 1959, the construction of boundary marks of villages and survey numbers or plot numbers is provided for under :-
aSection 122
bSection 129
cSection 124
dSection 121
Answer: C
Section 124, in Chapter X (Boundaries and Boundary Marks, Survey Marks), provides for the construction of boundary marks of villages and survey numbers or plot numbers.
Identify the sentence that is written in the passive voice.
aThe judge delivered the verdict.
bThe verdict was delivered by the judge.
cThe court is hearing the matter today.
dThe lawyer is arguing the case.
Answer: B
"The verdict was delivered by the judge" is in the passive voice, as the object (verdict) becomes the subject and the agent follows "by"; the others are active.
The benefit of condonation of delay under Section 5 of the Limitation Act, 1963 on showing 'sufficient cause' is available to -
asuits and appeals, but not to applications
bappeals and applications (other than under Order XXI CPC), but not to suits
conly appeals before the High Court
devery suit, appeal and application alike
Answer: B
Section 5 extends only to any appeal or any application (excluding applications under any provision of Order XXI CPC); it does not apply to suits, for which time can never be extended on the ground of sufficient cause.
A person entitled to institute a suit is a minor at the time from which the prescribed period is to be reckoned. Under Section 6 of the Limitation Act, 1963 he may institute the suit -
awithin the same period after the disability has ceased, as would otherwise have been allowed from the time prescribed
bwithin thirty years in every case
cat any time without any limitation whatsoever
donly through his guardian during minority, failing which the right is lost
Answer: A
Section 6 allows a person under legal disability (minority, insanity, idiocy) when the period begins to run to institute the suit or make the application within the same period, after the disability has ceased, that would otherwise have been allowed from the time prescribed.
A cheque is dishonoured and the bank's intimation is received by the payee. Within what period of receipt of such information must the payee give a written notice of demand to the drawer to attract liability under Section 138 of the Negotiable Instruments Act, 1881?
aWithin fifteen days
bWithin forty-five days
cWithin one month from the date of cause of action
dWithin thirty days
Answer: D
Proviso (b) to Section 138 (as amended in 2002) requires the payee or holder to make a demand for payment by giving a notice in writing within thirty days of receipt of information from the bank regarding the dishonour.
Under Section 24 of the Code of Civil Procedure, 1908, the general power to transfer and withdraw a suit, appeal or other proceeding may be exercised by :-
athe High Court or the District Court only
bany Court of Small Causes
cthe Supreme Court only
dthe State Government
Answer: A
Section 24 vests the general power of transfer and withdrawal of suits, appeals and other proceedings in the High Court and the District Court, exercisable on the application of a party or suo motu.
The Supreme Court laid down the procedure and categories of cases suitable for reference to ADR under Section 89 of the Code of Civil Procedure, 1908 in :-
aK.K. Modi v. K.N. Modi
bBooz Allen & Hamilton Inc. v. SBI Home Finance Ltd.
cSalem Advocate Bar Association v. Union of India (I)
dAfcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd.
Answer: D
In Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24, the Supreme Court clarified the working of Section 89 and identified categories of cases suitable and unsuitable for ADR reference.
No suit shall be instituted against the Government in respect of any act purporting to be done by a public officer in his official capacity until the expiration of how many months next after notice in writing under Section 80 of the Code of Civil Procedure, 1908?
aThree months
bSix months
cTwo months
dOne month
Answer: C
Section 80(1) requires that a suit against the Government or a public officer for an official act be instituted only after the expiry of two months from delivery of the statutory notice in writing.
A second appeal under Section 100 of the Code of Civil Procedure, 1908 shall lie to the High Court only if the High Court is satisfied that the case involves :-
aa substantial question of law
ban error of fact apparent on record
ca question of valuation of property
da mixed question of fact and law
Answer: A
After the 1976 amendment, Section 100 permits a second appeal only where the High Court is satisfied that the case involves a substantial question of law, which must be formulated under sub-section (4).
The power of the High Court to call for the record of a subordinate Court in which no appeal lies, where the subordinate Court appears to have exercised a jurisdiction not vested in it, is provided under :-
aSection 115
bSection 151
cSection 96
dSection 114
Answer: A
Section 115 confers revisional jurisdiction on the High Court to correct jurisdictional errors of subordinate courts in cases where no appeal lies; Section 114 deals with review and Section 151 with inherent powers.
Where a decree is varied or reversed in appeal, an application for restitution to restore the parties to the position they would have occupied is made under :-
aSection 47
bSection 151
cSection 152
dSection 144
Answer: D
Section 144 embodies the doctrine of restitution, enabling the court which passed the decree to restore to a party what was lost in consequence of a decree that is later varied, reversed, set aside or modified.
Under the proviso to Order VI Rule 17 of the Code of Civil Procedure, 1908, no application for amendment of pleadings shall be allowed after the trial has commenced unless :-
athe court is satisfied that in spite of due diligence the party could not have raised the matter before the commencement of trial
bthe suit has not been listed for final arguments
cthe opposite party consents to the amendment
dthe amendment relates only to a clerical error
Answer: A
The proviso added in 2002 bars post-trial amendments unless the court concludes that, despite due diligence, the party could not have raised the matter before trial commenced.
Under Order VII Rule 11 of the Code of Civil Procedure, 1908, the plaint shall be rejected where :-
athe defendant denies the allegations in the plaint
bthe suit appears from the statement in the plaint to be barred by any law
cthe plaintiff fails to appear on the first hearing
dissues have not been framed by the court
Answer: B
Order VII Rule 11(d) mandates rejection of a plaint where the suit appears from the plaint's own averments to be barred by any law; the other situations are governed by different provisions.
Where a suit is dismissed under Order IX Rule 8 of the Code of Civil Procedure, 1908 for non-appearance of the plaintiff when the defendant appears, the plaintiff's remedy is to :-
afile a first appeal under Section 96
bfile a fresh suit on the same cause of action as of right
capply for review under Order XLVII
dapply under Order IX Rule 9 to set aside the dismissal on showing sufficient cause
Answer: D
On dismissal under Order IX Rule 8, Order IX Rule 9 bars a fresh suit on the same cause of action and the plaintiff must apply to set aside the dismissal by showing sufficient cause for non-appearance.
On a Proclamation of Emergency on the ground of breakdown of constitutional machinery in a State (President's Rule under Article 356), the maximum period for which such Proclamation may ordinarily remain in force, subject to periodic parliamentary approval and the outer limit prescribed by the Constitution, is:
aTwo months only, not extendable
bIndefinitely, at the pleasure of the President
cSix months in the first instance, extendable up to a maximum of three years
dOne year, with no possibility of extension
Answer: C
A Proclamation under Article 356 approved by both Houses remains in force for six months and may be extended in periods not exceeding six months each, up to a maximum of three years (subject to the conditions in Article 356(5)).
The Comptroller and Auditor-General of India, whose duties and powers relate to the accounts of the Union and the States, holds office and is governed primarily by which Article of the Constitution?
aArticle 315
bArticle 324
cArticle 148
dArticle 76
Answer: C
Article 148 provides for the office of the Comptroller and Auditor-General of India, his appointment by the President and conditions of service. Article 76 deals with the Attorney-General and Article 324 with the Election Commission.
A Judge of a High Court may be removed from office by the President only on the ground of proved misbehaviour or incapacity, after an address by each House of Parliament supported by:
aAn absolute majority of both Houses sitting jointly
bA simple majority of the members present and voting
cA majority of the total membership of that House and a majority of not less than two-thirds of the members present and voting
dThree-fourths of the total membership of that House
Answer: C
Under Article 217 read with Article 124(4), a High Court Judge is removed by the same process as a Supreme Court Judge: an address by each House supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members present and voting.
Dr. B.R. Ambedkar described which Article of the Constitution as the "heart and soul" of the Constitution, being the one without which the Constitution would be a nullity?
aArticle 14
bArticle 32
cArticle 21
dArticle 226
Answer: B
Article 32 guarantees the right to move the Supreme Court for enforcement of fundamental rights; Ambedkar called it the very heart and soul of the Constitution as it makes the rights in Part III enforceable.
A resolution for the impeachment of the President under Article 61 must be passed in each House of Parliament by a majority of:
aSimple majority of members present and voting
bTwo-thirds of the members of that House present and voting only
cThree-fourths of the total membership of that House
dNot less than two-thirds of the total membership of that House
Answer: D
Under Article 61(2), the charge must be preferred by a resolution passed by a majority of not less than two-thirds of the total membership of the House, both in the initiating House and after investigation in the other House.
The legislative subjects on which both Parliament and State Legislatures can make laws are enumerated in which List of the Seventh Schedule?
aResiduary List
bList I (Union List)
cList II (State List)
dList III (Concurrent List)
Answer: D
Under Article 246 read with the Seventh Schedule, List III (the Concurrent List) contains subjects on which both Parliament and State Legislatures are competent to legislate, with Union law prevailing in case of repugnancy under Article 254.
The general rule of burden of proof under Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is that :-
athe Court itself bears the burden of collecting proof
bwhoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist
cthe burden lies on the party who denies the affirmative of the issue
dthe burden always lies on the defendant or accused
Answer: B
Section 104 of the BSA (corresponding to old Section 101 IEA) lays down the foundational rule: he who asserts must prove. The party desiring the Court to give judgment on a right or liability dependent on certain facts must prove those facts; the burden of proof lies on that person.
In Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473, the Supreme Court held that, in respect of secondary electronic evidence governed (after the new law) by Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) :-
ano certificate is required and oral evidence of contents is sufficient
ba certificate under Section 63(4) (formerly Section 65B(4)) is a condition precedent to the admissibility of such electronic record
cthe certificate may be produced at any stage even after the judgment
delectronic records are wholly inadmissible in evidence
Answer: B
Anvar P.V. held that a certificate (now under Section 63(4) of the BSA, corresponding to old Section 65B(4) IEA) is mandatory and a condition precedent for admitting secondary electronic evidence; where the original device itself is produced as primary evidence the certificate is not required.
The doctrine of estoppel embodied in Section 121 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) applies where one person :-
amakes a mistaken statement of law which the other party also believed
bhas, by his declaration, act or omission, intentionally caused or permitted another to believe a thing to be true and to act upon such belief, so that he cannot deny its truth in a suit between himself and that person
cgives evidence on oath which is later found to be untrue
dfails to file a suit within the period of limitation
Answer: B
Section 121 of the BSA (corresponding to old Section 115 IEA) enacts estoppel by representation: where a person by declaration, act or omission intentionally causes or permits another to believe a thing true and to act on that belief, neither he nor his representative shall be allowed, in a suit between themselves, to deny the truth of that thing.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when so much of the information received from a person accused of an offence, while in the custody of a police officer, as relates distinctly to the fact thereby discovered, may be proved is governed by:
aSection 22
bthe proviso to Section 23(2)
cSection 23(1)
dSection 23(2)
Answer: B
The proviso to Section 23(2) of the BSA (corresponding to old Section 27 IEA) is an exception to Section 23(1) and the main part of Section 23(2) and permits proof of only so much of the information given by an accused in police custody as distinctly relates to the fact thereby discovered. Section 23(1) and 23(2) bar confessions to police and confessions in police custody respectively.
A confession made to a police officer shall not be proved as against a person accused of any offence. This rule is contained in:
aSection 23(2)
bSection 23(1)
cSection 24
dSection 22
Answer: B
Section 23(1) of the BSA (corresponding to old Section 25 IEA) absolutely bars proof of a confession made to a police officer against the accused, to guard against the risk of confessions extracted by coercion. Section 22 deals with confessions caused by inducement, threat, coercion or promise, and Section 23(2) with confessions made while in police custody.
Under Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession caused by inducement, threat, coercion or promise is irrelevant in a criminal proceeding only if such inducement, threat, coercion or promise:
ais made after the accused has been formally charged in court
bproceeds from any private person and has no reference to the charge
cis recorded by a Magistrate in writing
dhas reference to the charge against the accused and proceeds from a person in authority
Answer: D
Section 22 of the BSA (corresponding to old Section 24 IEA) renders a confession irrelevant where the inducement, threat, coercion or promise has reference to the charge against the accused, proceeds from a person in authority, and is sufficient to give the accused reasonable grounds for supposing he would gain an advantage or avoid an evil of a temporal nature.
The Narmada, the longest river of Madhya Pradesh and the longest west-flowing river of peninsular India, rises from Narmada Kund at Amarkantak situated in which range?
aWestern Ghats
bMaikal Range
cKaimur Range
dAravalli Range
Answer: B
The Narmada originates at Amarkantak in the Maikal (Maikala) Range, where the Vindhya and Satpura ranges meet, and flows westward into the Gulf of Khambhat. It is the longest river within Madhya Pradesh.
As per the All India Tiger Estimation and subsequent notifications up to 2025, which State has the highest number of tiger reserves in India?
aUttarakhand
bMadhya Pradesh
cKarnataka
dMaharashtra
Answer: B
Madhya Pradesh leads with the most tiger reserves; the notification of Madhav National Park as India's 58th tiger reserve in March 2025 made it the State's ninth reserve. MP is also called the 'Tiger State' for having the highest tiger population.
The Khajuraho Group of Monuments, a UNESCO World Heritage Site in Madhya Pradesh, was built mainly by rulers of which dynasty?
aKalachuri dynasty
bTomara dynasty
cChandela dynasty
dParamara dynasty
Answer: C
The Khajuraho temples in Chhatarpur district were built by the Chandela (Chandella) dynasty between roughly 950 and 1050 CE and were inscribed as a UNESCO World Heritage Site in 1986.
A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is defined under the Indian Contract Act, 1872 as a -
aquasi-contract
bcontract of bailment
ccontract of guarantee
dcontract of indemnity
Answer: D
Section 124 defines a 'contract of indemnity' as a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or of any other person.
In a contract of guarantee under Section 126 of the Indian Contract Act, 1872, the person in respect of whose default the guarantee is given is called the -
aprincipal debtor
bcreditor
cindemnifier
dsurety
Answer: A
Under Section 126, the person who gives the guarantee is the 'surety', the person to whom it is given is the 'creditor', and the person in respect of whose default the guarantee is given is the 'principal debtor'.
When a person, at whose option a contract is voidable, rescinds it, he is bound under Section 64 of the Indian Contract Act, 1872 to -
aforfeit any benefit received in favour of the State
bperform the contract as originally agreed
crestore any benefit received under the contract from the other party, so far as may be
dpay damages to the other party
Answer: C
Section 64 provides that the party rescinding a voidable contract must, if he has received any benefit thereunder from the other party, restore such benefit, so far as may be, to the person from whom it was received.
When an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement or contract is bound -
ato pay penal damages in addition to restoring the advantage
bto restore it, or to make compensation for it, to the person from whom he received it
cto retain the advantage as the agreement is a nullity
dto forfeit the advantage to the Government
Answer: B
Section 65 embodies the doctrine of restitution: when an agreement is discovered to be void or a contract becomes void, any person who has received an advantage under it must restore it or make compensation to the person from whom he received it.
Where a person lawfully does anything for another, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the obligation to make compensation arises under which Section of the Indian Contract Act, 1872?
aSection 68
bSection 70
cSection 69
dSection 72
Answer: B
Section 70, a quasi-contractual provision, obliges a person who enjoys the benefit of a non-gratuitous act lawfully done for him to compensate the other or restore the thing so done or delivered.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of gang rape, where each offender is punishable with rigorous imprisonment of not less than twenty years extendable to life imprisonment, is provided in -
aSection 71
bSection 64
cSection 63
dSection 70
Answer: D
Section 70 BNS punishes gang rape; where the woman is under eighteen years, each offender is liable to imprisonment for life or death.
Under the Bharatiya Nyaya Sanhita, 2023, voluntarily causing grievous hurt (punishable with imprisonment which may extend to seven years and fine) is provided in -
aSection 115
bSection 320
cSection 117
dSection 118
Answer: C
Section 117 BNS punishes voluntarily causing grievous hurt with imprisonment up to seven years and fine; Section 115 deals with voluntarily causing simple hurt and Section 118 with hurt by dangerous weapons or means.
Under Section 137 of the Bharatiya Nyaya Sanhita, 2023, kidnapping is of how many kinds?
aTwo kinds - kidnapping from India and kidnapping from lawful guardianship
bOne kind - kidnapping from lawful guardianship only
cFour kinds
dThree kinds
Answer: A
Section 137 BNS provides that kidnapping is of two kinds - kidnapping from India and kidnapping from lawful guardianship, mirroring the old Section 359 IPC.
Under the Bharatiya Nyaya Sanhita, 2023, abetment of suicide of a child or a person of unsound mind, delirious person or intoxicated person (punishable with death, life imprisonment, or imprisonment up to ten years and fine) is dealt with under -
aSection 106
bSection 108
cSection 107
dSection 305
Answer: C
Section 107 BNS specifically punishes abetment of suicide of a child, person of unsound mind, delirious or intoxicated person; general abetment of suicide is covered by Section 108.
Under the Bharatiya Nyaya Sanhita, 2023, dishonest misappropriation or conversion to one's own use of any movable property (punishable with imprisonment of not less than six months extendable to two years and fine) is provided in -
aSection 316
bSection 318
cSection 314
dSection 303
Answer: C
Section 314 BNS punishes dishonest misappropriation of property; Section 316 deals with criminal breach of trust and Section 318 with cheating.
Under Section 23(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding:
aten thousand rupees
bfifty thousand rupees
ctwenty-five thousand rupees
done lakh rupees
Answer: B
Section 23(1) BNSS empowers a first-class Magistrate to impose imprisonment up to three years or fine up to fifty thousand rupees, or both, or community service.
Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that all trials, inquiries and proceedings, including issue, service and execution of summons and warrants and examination of witnesses, may be held in electronic mode?
aSection 64
bSection 532
cSection 530
dSection 254
Answer: C
Section 530 BNSS permits trials, inquiries and proceedings (including summons, warrants, evidence and appeals) to be conducted in electronic mode using audio-video electronic means.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the Directorate of Prosecution, headed by a Director of Prosecution, is constituted by the State Government under which section?
aSection 18
bSection 24
cSection 20
dSection 19
Answer: C
Section 20 BNSS provides for the establishment of a Directorate of Prosecution headed by a Director of Prosecution, functioning under the administrative control of the State's Home Department.
Under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where information relating to a cognizable offence is given to the officer in charge of a police station by electronic communication, it shall be taken on record by him only after it is:
asigned by the person giving it within three days
bcountersigned by a Superintendent of Police
cverified by a Magistrate
dconfirmed in writing within twenty-four hours
Answer: A
The proviso to Section 173(1) BNSS provides that information given electronically (e-FIR) is taken on record only when signed by the informant within three days.
The Code of Criminal Procedure, 1973 stands repealed and replaced with effect from 1st July 2024 by which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 528
bSection 533
cSection 529
dSection 531
Answer: D
Section 531 BNSS is the repeal and savings clause that repeals the Code of Criminal Procedure, 1973 while saving actions already taken under it.
In a suit for specific performance of a contract, under section 21 of the Specific Relief Act, 1963, the court may award compensation :-
aonly in addition to specific performance
bonly in lieu of specific performance
cin no circumstances, after the 2018 Amendment
deither in addition to, or in substitution of, specific performance
Answer: D
Section 21 empowers the court, in a suit for specific performance, to award compensation either in addition to, or in substitution of, such performance, provided the plaintiff has claimed it (the court may permit amendment to include such a claim).
Under section 34 of the Specific Relief Act, 1963, no court shall make a declaration of legal character or right where the plaintiff :-
abeing able to seek further relief than a mere declaration of title, omits to do so
bis not in possession of the property
chas not impleaded the Government
dseeks the declaration after expiry of three years
Answer: A
The proviso to section 34 bars a declaratory decree where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.
'A', against whom a written instrument is void or voidable, has reasonable apprehension that the instrument, if left outstanding, may cause him serious injury. The appropriate relief 'A' may seek under the Specific Relief Act, 1963 is :-
acancellation of the instrument under section 31
ba declaration under section 34 only
crectification of the instrument under section 26
drescission of the contract under section 27
Answer: A
Section 31 allows any person against whom a written instrument is void or voidable, who reasonably apprehends serious injury if it is left outstanding, to sue to have it adjudged void or voidable and ordered to be delivered up and cancelled.
Under section 41 of the Specific Relief Act, 1963, an injunction cannot be granted :-
ato restrain any person from prosecuting a judicial proceeding pending at the institution of the suit, unless necessary to prevent a multiplicity of proceedings
bto restrain a person from instituting any proceeding in a court not subordinate to that from which the injunction is sought
cto prevent the breach of a contract which can be specifically enforced
dto prevent a continuing breach in which the plaintiff has acquiesced
Answer: A
Section 41(a) bars an injunction to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings.
The doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882 provides that during the pendency of a suit in which any right to immovable property is directly in question, the property:
ais automatically attached by the court
bvests in the court till disposal of the suit
cmay be transferred only with the prior leave of the court, and such transfer does not affect the rights of other parties under the decree
dcannot be transferred by any party under any circumstances
Answer: C
Section 52 does not prohibit transfer; it provides that a transfer of suit property during pendency, except with leave of the court, shall not affect the rights of any other party under the decree that may be made.
Which of the following is NOT a requirement for invoking the doctrine of part performance under Section 53A of the Transfer of Property Act, 1882?
aThe contract has been duly registered before the transferee took possession
bThere is a contract to transfer immovable property in writing signed by the transferor
cThe transferee has taken or continued in possession in part performance of the contract
dThe transferee has performed or is willing to perform his part of the contract
Answer: A
Section 53A requires a written, signed contract, possession taken in part performance, an act in furtherance, and the transferee's willingness to perform; registration of the contract is not a precondition for the defensive plea.
Under Section 54 of the Transfer of Property Act, 1882, a sale of tangible immovable property of a value LESS than one hundred rupees may be made:
aonly by delivery of possession
beither by a registered instrument or by delivery of the property
cby an oral agreement followed by payment of price
donly by a registered instrument
Answer: B
Section 54 provides that tangible immovable property worth less than Rs. 100 may be transferred either by a registered instrument or by delivery of property, whereas property of Rs. 100 and upwards requires a registered instrument.
A mortgage in which the mortgagor binds himself personally to repay and, without delivering possession, transfers the property to the mortgagee with the power to cause the property to be sold on default, is known under Section 58 of the Transfer of Property Act, 1882 as a:
asimple mortgage
bEnglish mortgage
cusufructuary mortgage
dmortgage by conditional sale
Answer: A
Section 58(b) defines a simple mortgage: the mortgagor binds himself personally to pay and, without transferring possession, agrees that on default the mortgagee may cause the property to be sold.
Where a landlord has acquired an accommodation by transfer, under Section 12(4) of the M.P. Accommodation Control Act, 1961 no suit for eviction on the ground of bonafide requirement under clause (e) or clause (f) of Section 12(1) is maintainable unless a period of how long has elapsed from the date of acquisition ?
aTwo years
bSix months
cThree years
dOne year
Answer: D
Section 12(4) bars a suit for eviction on the bonafide-requirement grounds in clause (e) or (f) by a landlord who acquired the accommodation by transfer, unless a period of one year has elapsed from the date of acquisition.
Under Section 12(1) of the M.P. Accommodation Control Act, 1961, the ground that the accommodation let for non-residential purposes is required bonafide by the landlord for continuing or starting his business is contained in :
aclause (g)
bclause (h)
cclause (f)
dclause (e)
Answer: C
Clause (e) of Section 12(1) deals with bonafide need of residential accommodation, while clause (f) deals with bonafide requirement of non-residential accommodation for continuing or starting the landlord's business.
Chapter III-A of the M.P. Accommodation Control Act, 1961, which provides a summary procedure before the Rent Controlling Authority for eviction on the ground of bonafide requirement, applies only to a landlord defined in Section 23-J. Which of the following is NOT such a landlord ?
aA widow or a divorced wife
bA retired servant of any Government including a retired member of the Defence Services
cA practising advocate carrying on his profession in the city
dA physically handicapped person
Answer: C
Section 23-J restricts the special Chapter III-A procedure to retired Government/defence servants, retired servants of Government-controlled companies, widows or divorced wives, physically handicapped persons, and certain serving Government/defence servants; a practising advocate is not within these categories.
Reinstatement of a bhumiswami who has been improperly dispossessed is provided for under which Section of the M.P. Land Revenue Code, 1959?
aSection 250
bSection 250-B
cSection 248
dSection 253
Answer: A
Section 250 provides for reinstatement of a bhumiswami improperly dispossessed; an application lies to the Tahsildar within two years of dispossession.
An application under Section 250 of the M.P. Land Revenue Code, 1959 for restoration of possession of a bhumiswami improperly dispossessed lies to the :-
aBoard of Revenue
bCollector
cSub-Divisional Officer
dTahsildar
Answer: D
Under Section 250 the bhumiswami (or his successor-in-interest) may apply to the Tahsildar within two years from the date of dispossession for restoration of possession.
Under the M.P. Land Revenue Code, 1959, the penalty for unauthorisedly taking possession of land vesting in the State Government is provided under :-
aSection 253
bSection 248
cSection 246
dSection 250
Answer: B
Section 248 prescribes the penalty for a person who unauthorisedly takes or remains in possession of any land set apart for a special purpose or vesting in the State Government.
In computing the period of limitation for an appeal, Section 12 of the Limitation Act, 1963 requires exclusion of -
aonly the day of pronouncement of the judgment
bthe entire period during which the appellant was ill
cthe time taken by the appellant's counsel to advise on the merits
dthe day from which the period is to be reckoned, and the time requisite for obtaining a copy of the decree and judgment appealed from
Answer: D
Section 12 excludes the day from which the period is to be reckoned and, for an appeal, the day on which the judgment was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from together with the copy of the judgment.
Section 14 of the Limitation Act, 1963 provides for exclusion of the time spent in prosecuting, with due diligence, another civil proceeding -
aonly where the earlier proceeding was a criminal one
bonly where the delay does not exceed sixty days
cwhere the earlier proceeding was prosecuted bona fide in a court which, from defect of jurisdiction or other like cause, was unable to entertain it
din any forum, even where it was abandoned without cause
Answer: C
Section 14 excludes time during which the plaintiff was prosecuting with due diligence another civil proceeding founded on the same cause of action, in good faith, in a court unable to entertain it from defect of jurisdiction or other cause of a like nature.
Under Section 142 of the Negotiable Instruments Act, 1881, a complaint for an offence under Section 138 must be made in writing by the payee or holder in due course within :-
aFifteen days of the cause of action
bThree months of the dishonour
cOne month of the date on which the cause of action arises
dSix months of the dishonour
Answer: C
Section 142(1)(b) bars cognizance of an offence under Section 138 except on a written complaint made within one month of the date on which the cause of action arises under clause (c) of the proviso to Section 138.
A decree-holder for possession of immovable property is resisted in obtaining possession by a third person claiming an independent right. Such resistance is to be adjudicated upon by the executing court under :-
aSection 47 only
bOrder XXI Rule 58
cOrder XXI Rule 90
dOrder XXI Rule 97 read with Rule 101
Answer: D
Order XXI Rule 97 allows the decree-holder to complain of resistance, and Rule 101 requires all questions including right, title or interest to be determined by the executing court itself, not by a separate suit.
Under Order XXXIX Rule 1 of the Code of Civil Procedure, 1908, a temporary injunction may be granted where it is proved that the property in dispute is in danger of being :-
avalued by a Commissioner appointed by the court
bwasted, damaged or alienated by any party to the suit
cattached before judgment in another suit
dsold only with the consent of the court
Answer: B
Order XXXIX Rule 1(a) empowers the court to grant a temporary injunction where the suit property is in danger of being wasted, damaged or alienated by any party, or wrongfully sold in execution of a decree.
Under Order XXXIII of the Code of Civil Procedure, 1908, a person is an 'indigent person' if he is not possessed of sufficient means (other than property exempt from attachment and the subject-matter of the suit) to enable him to pay :-
athe advocate's professional fees
bthe fee prescribed by law for the plaint in such suit
cthe costs of the opposite party
dthe process fee for summoning witnesses
Answer: B
Explanation I to Order XXXIII Rule 1 defines an indigent person as one who lacks sufficient means to pay the court fee prescribed by law for the plaint, excluding exempt property and the subject-matter of the suit.
Under Section 9 of the Code of Civil Procedure, 1908, the Civil Courts have jurisdiction to try all suits of a civil nature except those of which their cognizance is :-
aexpressly barred only
bbarred by a contract between the parties
ceither expressly or impliedly barred
dimpliedly barred only
Answer: C
Section 9 confers jurisdiction over all suits of a civil nature 'excepting suits of which their cognizance is either expressly or impliedly barred', so both forms of bar oust jurisdiction.
In Afcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd., (2010) 8 SCC 24, the Supreme Court held that a civil court exercising power under Section 89 of the CPC cannot refer a dispute to which of the following ADR processes without the consent of all parties :-
aArbitration
bMediation
cLok Adalat
dJudicial settlement
Answer: A
In Afcons (2010) 8 SCC 24 the Court held that reference to arbitration under Section 89 requires the mutual consent of all parties, while mediation, judicial settlement and Lok Adalat may be ordered without such consent.
Under Section 96(4) of the CPC, no appeal lies (except on a question of law) from a decree in a suit cognizable by Courts of Small Causes where the value of the subject-matter of the original suit does not exceed :-
atwenty thousand rupees
bfive thousand rupees
cten thousand rupees
dthree thousand rupees
Answer: C
Section 96(4) bars appeals (save on a question of law) from decrees in suits of a Small Cause nature where the value of the subject-matter does not exceed ten thousand rupees.
An application to set aside an ex parte decree on the ground that the summons was not duly served or that the defendant was prevented by sufficient cause from appearing is made under :-
aOrder IX Rule 4
bOrder IX Rule 13
cOrder IX Rule 9
dOrder IX Rule 7
Answer: B
Order IX Rule 13 empowers the court to set aside an ex parte decree where the defendant shows the summons was not duly served or he was prevented by sufficient cause from appearing; Rule 9 deals with restoration of a suit dismissed for default of the plaintiff.
Under the proviso to Order VI Rule 17 of the CPC, an application for amendment of pleadings shall not be allowed after the trial has commenced unless the court is of the opinion that :-
ain spite of due diligence the party could not have raised the matter before the commencement of trial
bthe amendment is necessary for determining the real question in controversy in any event
cthe opposite party consents to the amendment
dthe court fee on the amendment has been paid
Answer: A
The proviso added by the 2002 amendment bars amendment after the trial has commenced unless the court holds that in spite of due diligence the party could not have raised the matter before commencement of trial.
Which of the following is NOT a ground for rejection of a plaint under Order VII Rule 11 of the CPC :-
aWhere the defendant has a strong defence on the merits
bWhere the plaint does not disclose a cause of action
cWhere the plaint is not filed in duplicate
dWhere the suit appears from the statement in the plaint to be barred by any law
Answer: A
Order VII Rule 11 lists grounds such as no cause of action, undervaluation, insufficient stamp, suit barred by law, non-filing in duplicate and non-compliance with Rule 9; the strength of the defendant's defence on merits is not a ground for rejection.
The doctrine of "basic structure" of the Constitution, limiting Parliament's amending power under Article 368, was first propounded in:
aA.K. Gopalan v. State of Madras (1950)
bMinerva Mills v. Union of India (1980)
cKesavananda Bharati v. State of Kerala (1973)
dGolak Nath v. State of Punjab (1967)
Answer: C
In Kesavananda Bharati (1973), a 13-judge bench held by a 7:6 majority that Parliament may amend any provision under Article 368 but cannot alter or destroy the basic structure of the Constitution.
In Minerva Mills Ltd. v. Union of India (1980), the Supreme Court struck down clauses (4) and (5) inserted in Article 368 by the 42nd Amendment because they:
aExcluded judicial review of constitutional amendments and conferred unlimited amending power, violating the basic structure
bTransferred residuary powers to the States
cCurtailed the fundamental duties under Article 51A
dAbolished the office of the Comptroller and Auditor-General
Answer: A
Clauses (4) and (5) of Article 368 sought to bar judicial review of amendments and confer unlimited amending power; the Court held that limited amending power and judicial review are themselves part of the basic structure and struck them down.
Under Article 243T, the proportion of seats reserved for women out of the total seats to be filled by direct election in every Municipality shall be:
aNot less than one-fourth
bExactly one-half
cAs may be fixed by the State Government from time to time
dNot less than one-third
Answer: D
Article 243T, inserted by the 74th Amendment, mandates that not less than one-third of the total seats filled by direct election in every Municipality be reserved for women, including those reserved for SC/ST women.
The power to form a new State by separation of territory from any State, or to alter the boundaries or name of an existing State, is vested by the Constitution in:
aThe Legislature of the affected State
bParliament by law, on the recommendation of the President
cThe President alone by proclamation
dThe Inter-State Council
Answer: B
Article 3 empowers Parliament to form new States and alter areas, boundaries or names by law; such a Bill can be introduced only on the President's recommendation and after referring it to the affected State Legislature for its views (which are not binding).
aDistribution of revenues between the Union and the States
bDisqualification of members on ground of defection
cProclamation of financial emergency
dInconsistency between laws made by Parliament and laws made by State Legislatures in the Concurrent field
Answer: D
Article 254 lays down the rule of repugnancy: where a State law in the Concurrent List is repugnant to a Union law, the Union law prevails and the State law is void to the extent of the inconsistency, unless saved by Presidential assent under Article 254(2).
A statement made by a person, since deceased, as to the cause of his death or as to any of the circumstances of the transaction which resulted in his death is made relevant by:
aSection 55
bSection 26(1)
cSection 27
dSection 4
Answer: B
Section 26(1) of the BSA (corresponding to old Section 32(1) IEA) makes relevant a statement by a deceased person as to the cause of his death or the circumstances of the transaction which resulted in his death; this is the statutory basis of the dying declaration, illustrated by Pakala Narayana Swami v. King-Emperor.
Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction are relevant whether they occurred at the same time and place or at different times and places. This doctrine of res gestae is embodied in:
aSection 5
bSection 7
cSection 4
dSection 3
Answer: C
Section 4 of the BSA (corresponding to old Section 6 IEA) embodies the doctrine of res gestae, making relevant facts forming part of the same transaction as a fact in issue. The very wording about facts occurring at the same or different times and places is drawn from Section 4.
When the Court has to form an opinion upon a point of foreign law, or of science or art, or as to the identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters are relevant facts. This provision is contained in:
aSection 45
bSection 39(1)
cSection 41
dSection 55
Answer: B
Section 39(1) of the BSA (corresponding to old Section 45 IEA) makes relevant the opinion of an expert, that is a person specially skilled in foreign law, science, art, handwriting or finger impressions. Section 41 deals with the separate category of opinion as to handwriting by a person acquainted with the handwriting.
When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Bharatiya Nyaya Sanhita lies upon:
aneither party, as it is a question of law
bthe accused, and the Court shall presume the absence of such circumstances
cthe prosecution, beyond reasonable doubt
dthe Court, which must investigate the matter suo motu
Answer: B
Under Section 108 of the BSA (corresponding to old Section 105 IEA), when an accused claims the benefit of a General Exception or any special exception, the burden of proving the circumstances is on him and the Court shall presume the absence of such circumstances. The accused discharges this on a preponderance of probabilities.
Where a married woman commits suicide within seven years of marriage and it is shown that her husband or his relative had subjected her to cruelty, the Court 'may presume' that the suicide was abetted. This presumption is contained in:
aSection 116
bSection 118
cSection 117
dSection 120
Answer: C
Section 117 of the BSA (corresponding to old Section 113A IEA) provides a discretionary presumption ('may presume') as to abetment of suicide by a married woman. It is distinct from Section 118 of the BSA, which uses 'shall presume' for dowry death.
Under Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), where it is shown that 'soon before her death' a woman was subjected by a person to cruelty or harassment in connection with a demand for dowry, the Court:
ashall presume that such person caused the dowry death
bmay presume that such person caused the dowry death
cmay call for further proof of the demand for dowry
dshall treat it as conclusive proof of dowry death
Answer: A
Section 118 of the BSA (corresponding to old Section 113B IEA) uses the mandatory expression 'shall presume', obliging the Court to presume dowry death once the foundational facts (cruelty or harassment soon before death in connection with a dowry demand) are established. This contrasts with the discretionary 'may presume' in Section 117.
Droupadi Murmu, who assumed office as the 15th President of India in July 2022, is notable as the:
aFirst President born before independence
bFirst tribal person to become President of India
cOldest person to become President of India
dFirst woman President of India
Answer: B
Droupadi Murmu is the first person from a tribal community to become President of India and the second woman after Pratibha Patil; she is also the first President born in independent India.
Under the Constitution of India, the maximum strength of the Legislative Assembly (Vidhan Sabha) of a State (other than special cases) cannot exceed:
a545 members
b350 members
c250 members
d500 members
Answer: D
Article 170 provides that a State Legislative Assembly shall consist of not more than 500 and not less than 60 members chosen by direct election from territorial constituencies.
The 'Tropic of Cancer' passes through several Indian States. Through which of the following State capitals/regions does it notably pass, dividing the State into two nearly equal halves?
aNagpur region of Maharashtra
bLucknow region of Uttar Pradesh
cBhopal region of Madhya Pradesh
dPatna region of Bihar
Answer: C
The Tropic of Cancer passes through Madhya Pradesh near Bhopal, cutting across the central part of the State; the latitude line passes through eight Indian States including MP.
Which of the following gases is the most abundant component of the Earth's atmosphere by volume?
aNitrogen
bArgon
cOxygen
dCarbon dioxide
Answer: A
Nitrogen makes up about 78% of the Earth's atmosphere by volume, far exceeding oxygen (about 21%), argon (about 0.9%) and carbon dioxide (about 0.04%).
The First Battle of Panipat (1526), which led to the establishment of Mughal rule in India, was fought between Babur and which ruler?
aHemu (Hemchandra Vikramaditya)
bRana Sanga
cIbrahim Lodi
dSher Shah Suri
Answer: C
In the First Battle of Panipat (1526) Babur defeated Ibrahim Lodi, the Sultan of Delhi, founding the Mughal Empire in India. The Battle of Khanwa (1527) against Rana Sanga came later.
Under Section 4 of the Indian Contract Act, 1872, the communication of an acceptance is complete as against the acceptor :-
awhen it is put in a course of transmission to the proposer, so as to be out of the power of the acceptor
bwhen it comes to the knowledge of the proposer
cas soon as the letter of acceptance is posted by the acceptor
das soon as the acceptance is made by the acceptor in his mind
Answer: B
Under Section 4, communication of acceptance is complete as against the proposer when it is put in course of transmission, but as against the acceptor only when it comes to the knowledge of the proposer.
'A' promises, for no consideration, to give to 'B' Rs. 1,000. The promise is in writing and registered, and is made on account of natural love and affection between 'A' and 'B' who are near relations. The agreement is :-
aunlawful and unenforceable
bvoid for want of consideration
ca valid contract under the exception in Section 25(1)
dvoidable at the option of 'A'
Answer: C
Section 25(1) makes an agreement without consideration valid where it is in writing, registered, and made on account of natural love and affection between parties standing in near relation to each other.
Where both the parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is :-
avalid and binding on both parties
bunlawful under Section 23
cvoidable at the option of either party
dvoid under Section 20
Answer: D
Under Section 20, where both parties are under a mistake as to a matter of fact essential to the agreement, the agreement is void; a mistake as to a matter of fact essential to the agreement is bilateral here.
Under Section 304B of the Indian Penal Code, for a death of a woman to be a "dowry death", it must occur otherwise than under normal circumstances within how many years of her marriage?
aFive years
bSeven years
cThree years
dTen years
Answer: B
Section 304B IPC requires that the death occur within seven years of marriage and that the woman was, soon before her death, subjected to cruelty or harassment for or in connection with a demand for dowry.
The defence of insanity under Section 84 of the Indian Penal Code is available only when the accused, by reason of unsoundness of mind, was at the time of the act incapable of knowing the nature of the act or that it was wrong or contrary to law. This defence is essentially based on:
aThe McNaughten (M'Naghten) Rules
bThe last-seen theory
cThe doctrine of transferred malice
dThe doctrine of res gestae
Answer: A
Section 84 IPC codifies the test of legal (not medical) insanity derived from the M'Naghten Rules laid down by the House of Lords in R v. Daniel M'Naghten.
Which of the following correctly distinguishes Section 34 (common intention) from Section 149 (common object) of the Indian Penal Code?
aBoth sections require participation in the actual criminal act
bSection 34 requires a prior meeting of minds (pre-arranged plan), whereas Section 149 does not necessarily require pre-concert
cSection 34 creates a substantive offence, whereas Section 149 only lays down a rule of evidence
dSection 34 requires a minimum of five persons, whereas Section 149 requires only two
Answer: B
Section 34 postulates a pre-arranged plan and a prior meeting of minds, whereas Section 149 (membership of an unlawful assembly of five or more) does not require proof of prior concert; the common object is wider than common intention.
Under Section 511 of the Indian Penal Code, a person who attempts to commit an offence punishable with a term of imprisonment, where no express provision is made, shall be punished with imprisonment for a term which may extend to:
aThe full longest term provided for the offence
bOne-third of the longest term of imprisonment provided for that offence
cOne-fourth of the longest term of imprisonment provided for that offence
dOne-half of the longest term of imprisonment provided for that offence
Answer: D
Section 511 IPC provides that punishment for an attempt (where not otherwise provided) may extend to one-half of the imprisonment for life or one-half of the longest term of imprisonment prescribed for the completed offence.
Under Section 100 of the Indian Penal Code, the right of private defence of the body extends to voluntarily causing death of the assailant in which of the following situations?
aAn assault causing apprehension of damage to property only
bAn assault with the intention of committing rape
cA mere verbal threat unaccompanied by any assault
dAn assault causing reasonable apprehension of simple hurt only
Answer: B
Section 100 IPC enumerates the situations in which private defence of the body extends to causing death, which include an assault with the intention of committing rape; mere apprehension of simple hurt or a verbal threat is not enough.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision corresponding to Section 154 of the old Code, which recognises registration of a 'Zero FIR' and permits information of a cognizable offence to be given by electronic communication irrespective of the area where the offence is committed, is contained in:
aSection 173 BNSS
bSection 179 BNSS
cSection 175 BNSS
dSection 154 BNSS
Answer: A
Section 173 BNSS replaces Section 154 CrPC and statutorily recognises the 'Zero FIR' and e-FIR; information may be given orally or by electronic communication irrespective of where the offence was committed (electronic information must be signed within three days).
Under Section 187(3) of the BNSS, 2023, the maximum period for which a Magistrate may authorise detention of an accused pending investigation, beyond which the accused gets an indefeasible right to default bail, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for ten years or more, is:
a60 days
b180 days
c90 days
d75 days
Answer: C
Section 187(3) BNSS (corresponding to Section 167(2) CrPC) fixes the outer limit at 90 days for offences punishable with death, life imprisonment or imprisonment of ten years or more, and 60 days for any other offence.
Section 479 of the BNSS, 2023 introduces a new safeguard for under-trial prisoners. A first-time offender (one never previously convicted of any offence), in respect of an offence not punishable with death or life imprisonment, shall be released on bond by the Court once he has undergone detention up to:
aOne-half of the maximum period of imprisonment specified for the offence
bOne-third of the maximum period of imprisonment specified for the offence
cOne-fourth of the maximum period of imprisonment specified for the offence
dThe full maximum period of imprisonment specified for the offence
Answer: B
The first proviso to Section 479(1) BNSS entitles a first-time offender to release on bond after detention extending up to one-third of the maximum sentence; the general rule (non-first-timers) is one-half of the maximum period.
Under Section 35(7) of the BNSS, 2023, where the offence is punishable with imprisonment for less than three years and the person is infirm or is above the age of sixty years, no arrest shall be made without the prior permission of an officer not below the rank of:
aInspector General of Police
bStation House Officer
cDeputy Superintendent of Police
dSuperintendent of Police
Answer: C
Section 35(7) BNSS is a new safeguard: for offences punishable with less than three years where the accused is infirm or above sixty, arrest requires prior permission of an officer not below the rank of Deputy Superintendent of Police.
Section 176(3) of the BNSS, 2023 makes it mandatory for a forensic expert to visit the crime scene to collect forensic evidence and to cause videography of the process. This requirement is triggered where the offence is made punishable with imprisonment for a term of:
aFive years or more
bThree years or more
cSeven years or more
dTen years or more
Answer: C
Section 176(3) BNSS mandates a forensic expert's visit to the scene and videography of the process for offences made punishable with seven years or more (subject to the State Government's notification within five years).
Under clause (h) of section 41 of the Specific Relief Act, 1963, an injunction cannot be granted :-
awhen the conduct of the plaintiff disentitles him to the assistance of the court
bto prevent a continuing breach in which the plaintiff has acquiesced
cto interfere with the public duties of any department of the Government
dwhen equally efficacious relief can certainly be obtained by any other usual mode of proceeding, except in case of breach of trust
Answer: D
Section 41(h) bars an injunction where equally efficacious relief can certainly be obtained by any other usual mode of proceeding (except in case of breach of trust); thus, where specific performance is an equally efficacious remedy, a suit for bare injunction is not maintainable.
In a suit for perpetual injunction under section 38 of the Specific Relief Act, 1963, the court, under section 40, may award damages :-
ain no case
bonly in substitution for the injunction
conly in addition to the injunction
deither in addition to, or in substitution for, the injunction
Answer: D
Section 40 empowers the court, in a suit for perpetual or mandatory injunction, to award damages either in addition to, or in substitution for, the injunction, provided the plaintiff has claimed such damages.
Under section 16(c) of the Specific Relief Act, 1963, specific performance of a contract cannot be enforced in favour of a person who :-
ahas not paid the requisite court fee
bhas obtained substituted performance of the contract under section 20
cfails 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
dis not in possession of the suit property
Answer: C
Under section 16(c), specific performance cannot be enforced in favour of a person who fails to aver and prove that he has performed, or has always been ready and willing to perform, the essential terms of the contract on his part. (Persons who have obtained substituted performance are barred separately under clause (a).)
After the Specific Relief (Amendment) Act, 2018, the opening words of Section 10 provide that the specific performance of a contract :-
ashall be enforced only where compensation in money is not an adequate relief
bshall be enforced only where there exists no standard for ascertaining actual damage
cshall be enforced subject to the provisions of sub-section (2) of Section 11, Section 14 and Section 16
dmay, in the discretion of the court, be enforced
Answer: C
The 2018 amendment substituted Section 10 so that specific performance is now a general rule which the court 'shall' enforce, subject only to sub-section (2) of Section 11, Section 14 and Section 16, removing the earlier judicial discretion.
The maxim 'once a mortgage always a mortgage', under which any stipulation that prevents the mortgagor from redeeming his property is void, is recognised in the Transfer of Property Act, 1882 as the doctrine against:
aclog on the equity of redemption (Section 60)
bmarshalling of securities (Section 81)
cconsolidation of mortgages (Section 61)
dsubrogation (Section 92)
Answer: A
Section 60 confers the right of redemption on the mortgagor, and any condition fettering this right is struck down as a 'clog on the equity of redemption'.
In the absence of a contract or local usage to the contrary, a lease of immovable property for a purpose other than agricultural or manufacturing purposes is, under Section 106 of the Transfer of Property Act, 1882, deemed to be a lease from month to month, terminable by a notice of:
asix months
bthirty days expiring with the end of a year of the tenancy
cfifteen days
dthree months
Answer: C
Under Section 106 (as amended in 2002), a lease for purposes other than agricultural or manufacturing is a month-to-month lease terminable by fifteen days' notice, while agricultural/manufacturing leases are year-to-year leases terminable by six months' notice.
Under Section 122 read with Section 126 of the Transfer of Property Act, 1882, a gift of movable or immovable property:
ais valid even without acceptance by the donee
bmay be revoked by the donor at his mere will and pleasure
cmust be accepted by the donee during the lifetime of the donor and while he is still capable of giving
dcan never be revoked once made under any circumstances
Answer: C
Section 122 requires the donee to accept the gift during the donor's lifetime and while he is capable of giving; a gift revocable at the mere will of the donor is void under Section 126, though revocation on an agreed contingency not depending on the donor's will is permissible.
Under the Transfer of Property Act, 1882, which of the following CAN validly be transferred?
aA property the transfer of which is not opposed to the nature of the interest affected thereby
bThe salary of a public officer before it becomes payable
cA mere right to sue
dThe chance of an heir-apparent succeeding to an estate
Answer: A
Section 6 declares spes successionis (clause a), a mere right to sue (clause e) and a public officer's salary (clause f) non-transferable, while the residuary general rule permits transfer of any property not otherwise barred.
An application by a landlord for eviction on the ground of bonafide requirement under Section 23-A of the M.P. Accommodation Control Act, 1961 is to be made to :
athe District Judge
bthe Civil Judge having territorial jurisdiction
cthe Rent Controlling Authority
dthe Collector
Answer: C
Section 23-A enables a landlord falling within Section 23-J to submit an application (as if it were a plaint) to the Rent Controlling Authority for an order directing the tenant to put the landlord in possession.
Under Section 23-C of the M.P. Accommodation Control Act, 1961, a tenant served with summons in a Chapter III-A proceeding cannot contest the prayer for eviction unless he files an application for leave to defend, supported by affidavit, within :
athirty days from the date of service of summons
bten days from the date of service of summons
cseven days from the date of service of summons
dfifteen days from the date of service of summons
Answer: D
Section 23-C(1) requires the tenant to file, within fifteen days from the date of service of summons, an affidavit-supported application stating the grounds on which he seeks to contest and to obtain leave from the Rent Controlling Authority; in default the landlord's statements are deemed admitted.
In a proceeding under Chapter III-A of the M.P. Accommodation Control Act, 1961, with respect to the requirement of the accommodation by the landlord under Section 23-A, the Rent Controlling Authority shall, under Section 23-D(3) :
apresume that the requirement of the landlord is not bonafide
bpresume that the requirement of the landlord is bonafide, unless the contrary is proved
cdraw no presumption either way
drequire the landlord to prove bonafide need beyond reasonable doubt
Answer: B
Section 23-D(3) provides that in respect of a landlord's application it shall be presumed, unless the contrary is proved, that the requirement of the landlord with reference to clause (a) or (b) of Section 23-A is bonafide.
Reversion of land of a member of an aboriginal tribe which was transferred by fraud is provided for under which provision of the M.P. Land Revenue Code, 1959?
aSection 165
bSection 170-B
cSection 170
dSection 170-A
Answer: B
Section 170-B provides for reversion to a member of an aboriginal tribe of agricultural land which was transferred by fraud, casting an obligation on the person in possession to notify the Sub-Divisional Officer.
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