Madhya Pradesh Judiciary Mock Test 7 — Questions & Solutions
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aThe judge asked, where were you on the night of the crime?
bThe judge asked "where were you on the night of the crime"?
cThe judge asked, "Where were you on the night of the crime?"
dThe judge asked; "Where were you on the night of the crime?"
Answer: C
A direct question in quotation marks is introduced by a comma, begins with a capital letter, and the question mark is placed inside the closing quotation marks.
Under Section 18 of the Limitation Act, 1963, a fresh period of limitation is computed from the time of the acknowledgment only where the acknowledgment of liability -
ais made at any time, even after the period has already expired
bis implied from mere silence of the debtor
cis made orally before two witnesses
dis in writing signed by the party against whom the right is claimed (or his agent), and is made before the expiration of the prescribed period
Answer: D
Section 18 requires the acknowledgment of liability to be in writing signed by the party (or his duly authorised agent) and to be made before the expiry of the prescribed period; only then does a fresh period of limitation begin to run from the date of acknowledgment.
Part-payment of a debt by the debtor restarts limitation under Section 19 of the Limitation Act, 1963 only if -
athe payment is made after the period has already expired
bthe payment is made before the expiry of the period and an acknowledgment of the payment appears in the handwriting of, or in a writing signed by, the person making it
cthe creditor merely issues a receipt for the payment
dthe payment is of the principal only and not of interest
Answer: B
Under Section 19, where part-payment of a debt or of interest on a legacy is made before expiry of the prescribed period, a fresh period runs from the date of payment, provided the fact of payment appears in the handwriting of, or in a writing signed by, the person making it.
Under the proviso to Order VIII Rule 1 of the CPC, where the defendant fails to file the written statement within thirty days, the court may allow him to file it on such other day as it may specify, not later than :-
asixty days from the date of service of summons
bninety days from the date of service of summons
cthirty days from the date of the first hearing
done hundred twenty days from the date of service of summons
Answer: B
Order VIII Rule 1 requires the written statement within thirty days, extendable for reasons recorded but not beyond ninety days from the date of service of summons.
Section 80 of the CPC requires that, before instituting a suit against the Government or a public officer in respect of an act purporting to be done in his official capacity, a notice must be given and the suit cannot be instituted until the expiration of :-
atwo months after notice
bthree months after notice
cone month after notice
dsix months after notice
Answer: A
Section 80(1) bars institution of such a suit until the expiration of two months after a notice in writing has been delivered to or left at the office of the Government or public officer.
The power to transfer a suit, appeal or other proceeding from a High Court or other civil court in one State to a High Court or other civil court in another State is conferred upon :-
athe High Court under Section 24 CPC
bthe State Government under Section 23 CPC
cthe Supreme Court under Section 25 CPC
dthe District Court under Section 24 CPC
Answer: C
Section 25 CPC empowers the Supreme Court to direct inter-State transfer of any suit, appeal or proceeding where it is expedient for the ends of justice; Section 24 concerns intra-State transfers by the High Court or District Court.
An order setting aside or refusing to set aside a sale of immovable property in execution of a decree, on the ground of material irregularity or fraud in publishing or conducting it, is dealt with under :-
aOrder XXI Rule 89
bOrder XXI Rule 90
cOrder XXI Rule 97
dOrder XXI Rule 92
Answer: B
Order XXI Rule 90 allows the decree-holder, purchaser or person whose interests are affected to apply to set aside an execution sale for material irregularity or fraud in publishing or conducting it, provided substantial injury is shown.
Where a decree is varied or reversed in appeal, the legal provision under which the court restores to a party what he has lost in execution of, or in consequence of, that decree is :-
aSection 114 CPC
bSection 151 CPC
cSection 115 CPC
dSection 144 CPC
Answer: D
Section 144 CPC embodies the doctrine of restitution: on variation or reversal of a decree, the court that passed it, on application of a party entitled to restitution, places the parties in the position they would have occupied but for the decree.
A caveat lodged under Section 148A of the CPC, if no application to which it relates is made, shall remain in force for a period of :-
aone hundred eighty days from the date on which it was lodged
bsixty days from the date on which it was lodged
cninety days from the date on which it was lodged
dthirty days from the date on which it was lodged
Answer: C
Under Section 148A(5), a caveat remains in force for ninety days from the date on which it was lodged unless the application in respect of which it is lodged has already been made before the expiry of that period.
In a suit by or against a minor, the person who institutes the suit on behalf of a minor plaintiff and the person who represents a minor defendant are respectively called :-
anext friend in both cases
bguardian ad litem and next friend
cnext friend and guardian ad litem
dguardian ad litem in both cases
Answer: C
Under Order XXXII, where a minor is the plaintiff the suit is instituted through his 'next friend', and where a minor is the defendant the court appoints a 'guardian ad litem' (guardian for the suit) to represent him.
Under Order II Rule 2 of the CPC, where a plaintiff omits to sue in respect of, or intentionally relinquishes, a portion of his claim, the consequence is that he :-
amay sue for the omitted portion only with the leave of the court already granted
bmay bring a fresh suit for the omitted portion at any time within limitation
cshall not afterwards sue in respect of the portion so omitted or relinquished
dmay amend the plaint at the appellate stage to include it
Answer: C
Order II Rule 2 requires every suit to include the whole of the claim; a plaintiff who omits or relinquishes part of his claim shall not afterwards sue in respect of the portion so omitted or relinquished, unless leave was obtained.
An order of temporary injunction granted under Order XXXIX of the CPC may, on an application of any party dissatisfied with it, be discharged, varied or set aside by the court under :-
aOrder XXXIX Rule 4
bOrder XXXIX Rule 10
cOrder XXXIX Rule 2A
dOrder XXXIX Rule 1
Answer: A
Order XXXIX Rule 4 empowers the court to discharge, vary or set aside any order of temporary injunction on application by an affected party; Rule 2A deals with consequences of disobedience of an injunction.
The original jurisdiction of the Supreme Court under Article 131 extends to a dispute:
aConcerning the validity of a private contract exceeding a prescribed value
bBetween an individual citizen and the Union Government
cBetween the Government of India and one or more States, or between two or more States
dArising out of any ordinary civil suit involving a substantial question of law
Answer: C
Article 131 confers exclusive original jurisdiction on the Supreme Court in federal disputes between the Centre and States or between States inter se, provided the dispute involves a question of legal right.
Which one of the following is NOT one of the fundamental duties enumerated in Article 51A of the Constitution?
aTo promote harmony and the spirit of common brotherhood among all the people of India
bTo safeguard public property and to abjure violence
cTo protect and improve the natural environment
dTo pay taxes honestly to the State
Answer: D
Paying taxes honestly is not among the fundamental duties listed in Article 51A; the duties to protect the environment, safeguard public property, abjure violence, and promote harmony are expressly enumerated.
Abolition of "untouchability" and forbidding its practice in any form is provided under which Article of the Constitution?
aArticle 16
bArticle 17
cArticle 15
dArticle 18
Answer: B
Article 17 abolishes untouchability and forbids its practice in any form, making its enforcement an offence punishable by law (now under the Protection of Civil Rights Act, 1955).
The directive that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India is contained in:
aArticle 51
bArticle 44
cArticle 48
dArticle 39
Answer: B
Article 44, a Directive Principle of State Policy in Part IV, directs the State to endeavour to secure a uniform civil code for citizens throughout India.
Under Article 13 of the Constitution, a law made by the State which takes away or abridges the rights conferred by Part III shall, to the extent of the contravention, be:
aVoidable at the option of the aggrieved party
bMerely directory and unenforceable
cValid until repealed by the Legislature
dVoid
Answer: D
Article 13(2) declares that any law inconsistent with or in derogation of the fundamental rights in Part III is void to the extent of such contravention.
The Fifth Schedule of the Constitution contains provisions relating to:
aForms of oaths and affirmations
bAllocation of seats in the Council of States
cAdministration and control of Scheduled Areas and Scheduled Tribes (other than those in certain north-eastern States)
dProvisions as to the disqualification on ground of defection
Answer: C
The Fifth Schedule, under Article 244(1), provides for the administration and control of Scheduled Areas and Scheduled Tribes in States other than Assam, Meghalaya, Tripura and Mizoram (which fall under the Sixth Schedule).
An accomplice shall be a competent witness against an accused person, and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), as enacted, this is laid down in:
aSection 124
bSection 138
cSection 137
dSection 139
Answer: B
Section 138 of the BSA, as enacted, makes an accomplice a competent witness and provides that 'a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice' (a change from the 'uncorroborated' wording of repealed Section 133 IEA). Read with Illustration (b) to Section 119 BSA, the Court may presume an accomplice unworthy of credit unless corroborated in material particulars.
Illustration (b) to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), permits the Court to presume that:
aan accomplice is unworthy of credit unless he is corroborated in material particulars
ba man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen
ca bill of exchange accepted or endorsed was accepted or endorsed for good consideration
djudicial and official acts have been regularly performed
Answer: A
Illustration (b) to Section 119 BSA (which re-enacts Illustration (b) to Section 114 IEA) allows the Court to presume that an accomplice is unworthy of credit unless corroborated in material particulars. Possession of stolen goods, consideration for a bill and regularity of official acts are separate illustrations to the same section.
Under the definitions in Section 2 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when one fact is declared by the Adhiniyam to be 'conclusive proof' of another, the Court, on proof of the one fact:
amay either regard the other fact as proved or call for proof of it
bshall direct the parties to lead further evidence on the other fact
cshall regard the other fact as proved and shall not allow evidence to be given to disprove it
dshall regard the other fact as proved unless and until it is disproved
Answer: C
Under Section 2 BSA, on proof of one fact that is 'conclusive proof' of another, the Court must regard the other as proved and shall not allow evidence to disprove it. 'May presume' allows discretion, while 'shall presume' treats the fact as proved unless disproved.
In respect of an electronic record produced as secondary evidence, the Supreme Court in Anvar P.V. v. P.K. Basheer (2014), reaffirmed in Arjun Panditrao Khotkar v. Kailash Kushanrao Gorantyal (2020), held that a certificate is mandatory. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this certificate requirement is now contained in:
aa mere procedural formality that can be dispensed with
brequired only when the original device is not available
cSection 63(4) of the BSA, and is mandatory
dSection 39 of the BSA relating to the opinion of an Examiner of Electronic Evidence
Answer: C
In Anvar P.V. v. P.K. Basheer, reaffirmed in Arjun Panditrao Khotkar, the certificate held mandatory under Section 65B(4) IEA now corresponds to the certificate required under Section 63(4) of the BSA as a condition precedent to the admissibility of secondary electronic evidence.
Leading questions are defined under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) as questions suggesting the answer the person putting them wishes to receive. The definition of a leading question is contained in:
aSection 148
bSection 146
cSection 142
dSection 150
Answer: B
Section 146 of the BSA defines a leading question as one suggesting the answer which the questioner desires or expects to receive. The same section governs when such questions may or may not be asked in examination-in-chief, re-examination and cross-examination.
The Court may, in its discretion, permit the party who calls a witness to put any questions to him which might be put in cross-examination by the adverse party (treating the witness as hostile). Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this power is conferred by:
aSection 158
bSection 148
cSection 151
dSection 157
Answer: D
Section 157 of the BSA empowers the Court, in its discretion, to permit a party calling a witness to put questions which might be put in cross-examination, which is the mechanism for dealing with a hostile witness, as explained in Sat Paul v. Delhi Administration.
A sum of money becomes Rs. 4,800 in 2 years and Rs. 5,400 in 5 years at the same rate of simple interest. What is the principal amount?
aRs. 4,500
bRs. 4,400
cRs. 4,600
dRs. 4,200
Answer: B
The interest for 3 years (from year 2 to year 5) is 5400 minus 4800 = Rs. 600, so interest per year is Rs. 200. For 2 years interest is Rs. 400, so principal = 4800 minus 400 = Rs. 4,400.
Choose the option that correctly fills the blank: "Neither the students nor the teacher ____ aware of the sudden change in the examination schedule."
awere
bwas
chave been
dare
Answer: B
With 'neither...nor', the verb agrees with the subject nearer to it; since 'the teacher' is singular and present-time context fits, the correct singular verb is 'was'.
Select the word that is most nearly OPPOSITE in meaning to the word 'BENEVOLENT'.
aGenerous
bCharitable
cKind
dMalevolent
Answer: D
'Benevolent' means well-meaning and kindly; its antonym is 'malevolent', meaning having or showing a wish to do evil to others. The other options are synonyms of benevolent.
Find the number that should come next in the series: 2, 6, 12, 20, 30, ?
a44
b36
c40
d42
Answer: D
The differences between successive terms are 4, 6, 8, 10, increasing by 2 each time, so the next difference is 12, giving 30 plus 12 = 42. Equivalently each term is n(n+1) for n = 1,2,3...
A contract to do or not to do something if some event, collateral to such contract, does or does not happen, is known as a :-
acontingent contract under Section 31
bvoidable contract
cquasi contract
dwagering agreement under Section 30
Answer: A
Section 31 defines a contingent contract as a contract to do or not to do something if some event, collateral to such contract, does or does not happen.
The effect of novation, rescission and alteration of a contract is provided under which Section of the Indian Contract Act, 1872 ?
aSection 73
bSection 63
cSection 56
dSection 62
Answer: D
Section 62 provides that if the parties agree to substitute a new contract, or to rescind or alter the existing one, the original contract need not be performed.
When a contract has been broken, the party who suffers is entitled to compensation for loss or damage which naturally arose in the usual course of things, but not for any remote and indirect loss. This rule is contained in :-
aSection 73
bSection 74
cSection 75
dSection 70
Answer: A
Section 73 lays down the measure of compensation for breach, limited to loss naturally arising in the usual course of things or within the parties' contemplation, and excludes remote and indirect loss.
A 'contract of indemnity', whereby one party promises to save the other from loss caused to him by the conduct of the promisor himself or of any other person, is defined under :-
aSection 126
bSection 124
cSection 125
dSection 148
Answer: B
Section 124 defines a contract of indemnity as one by which one party promises to save the other from loss caused by the conduct of the promisor himself or any other person.
In a contract of guarantee, the person who gives the guarantee and the person in respect of whose default the guarantee is given are respectively called :-
athe principal debtor and the surety
bthe surety and the creditor
cthe surety and the principal debtor
dthe creditor and the surety
Answer: C
Under Section 126, the person who gives the guarantee is the 'surety', the person in respect of whose default the guarantee is given is the 'principal debtor', and the person to whom it is given is the 'creditor'.
Under the Indian Penal Code, the offence of dacoity (Section 391) is constituted when robbery is committed or attempted by a minimum of how many persons acting conjointly?
aFive persons
bTwo persons
cThree persons
dFour persons
Answer: A
Section 391 IPC provides that when five or more persons conjointly commit or attempt to commit a robbery, the offence is dacoity; robbery by fewer than five persons is not dacoity.
Criminal conspiracy is defined under which section of the Indian Penal Code?
aSection 120A
bSection 121
cSection 120B
dSection 107
Answer: A
Section 120A IPC defines criminal conspiracy as an agreement between two or more persons to do or cause to be done an illegal act, or a legal act by illegal means; Section 120B provides the punishment.
For the offence of kidnapping from lawful guardianship under Section 361 of the Indian Penal Code, the age below which a female is a "minor" is:
aEighteen years
bFifteen years
cSixteen years
dTwenty-one years
Answer: A
Section 361 IPC treats a male under sixteen and a female under eighteen years of age as a minor for the purposes of kidnapping from lawful guardianship.
Section 53 of the Indian Penal Code prescribes the kinds of punishments to which offenders are liable. Which of the following is NOT one of the punishments enumerated therein?
aFine
bSolitary confinement
cImprisonment for life
dForfeiture of property
Answer: B
Section 53 IPC lists five punishments: death, imprisonment for life, imprisonment (simple or rigorous), forfeiture of property, and fine. Solitary confinement is a mode of executing imprisonment (Sections 73-74), not a separate Section 53 punishment.
Which of the following is designated as "grievous hurt" under Section 320 of the Indian Penal Code?
aTemporary swelling that heals in a week
bAny hurt causing bodily pain for three days
cA scratch on the hand
dPermanent privation of the sight of either eye
Answer: D
Section 320 IPC enumerates eight kinds of grievous hurt, including emasculation and permanent privation of the sight of either eye; a minor or temporary injury is only simple hurt.
Under Section 105 of the BNSS, 2023, the process of conducting a search and seizure, including preparation of the list of seized things and signing by witnesses, shall be:
aReduced to writing and countersigned by the District Collector
bRecorded through audio-video electronic means, preferably a mobile phone, and forwarded without delay to the Magistrate
cAttested by at least two gazetted officers of the locality
dConducted only in the presence of a Judicial Magistrate of the first class
Answer: B
Section 105 BNSS is a new provision requiring search and seizure (including the seizure memo and witness signatures) to be recorded through audio-video electronic means, preferably a mobile phone, and the recording forwarded without delay to the District/Sub-divisional/Judicial Magistrate of the first class.
The BNSS, 2023 has introduced, for the first time in Indian criminal procedure, a mechanism for inquiry, trial or judgment in absentia of a proclaimed offender who has absconded to evade trial. This provision is found in:
aSection 366 BNSS
bSection 356 BNSS
cSection 339 BNSS
dSection 84 BNSS
Answer: B
Section 356 BNSS introduces trial in absentia of a proclaimed offender; his absconding is deemed a waiver of the right to be present, and the trial may proceed (after the prescribed warrants, newspaper publication and a 90-day wait from framing of charge) with State-provided counsel if needed.
Under the proviso to Section 193 of the BNSS, 2023, the investigation in relation to an offence under Sections 64 to 71 of the Bharatiya Nyaya Sanhita, 2023 (rape and related sexual offences) or under specified provisions of the POCSO Act, 2012 shall be completed within:
aSix months from the date of registration of the FIR
bThree months from the date of arrest
cOne month from the date of recording of the information
dTwo months from the date on which the information was recorded
Answer: D
The proviso to Section 193 BNSS requires investigation into the specified sexual offences (BNS Ss. 64-71 / POCSO Ss. 4, 6, 8, 10) to be completed within two months from the date the information was recorded.
Under Section 23 of the BNSS, 2023, a Magistrate of the first class may pass a sentence of imprisonment not exceeding three years, or of fine, or of both, or of community service. The fine that such Magistrate may impose shall not exceed:
aTwenty-five thousand rupees
bOne lakh rupees
cTen thousand rupees
dFifty thousand rupees
Answer: D
Section 23(1) BNSS raises the first-class Magistrate's fine power to fifty thousand rupees (from Rs. 10,000 under the CrPC) and newly empowers the court to order community service.
Section 530 of the BNSS, 2023 provides that all trials, inquiries and proceedings, including issuance and service of summons and warrants, examination of witnesses, recording of evidence and appellate proceedings, may be:
aHeld in electronic mode by use of electronic communication or audio-video electronic means
bConducted only after written consent of both the accused and the prosecution
cHeld in electronic mode only at the appellate stage
dConducted electronically only in summons cases
Answer: A
Section 530 BNSS expressly permits trials, inquiries and proceedings (including summons/warrants, examination of witnesses, recording of evidence and appeals) to be held in electronic mode through electronic communication or audio-video electronic means.
A person dispossessed of immovable property otherwise than in due course of law files a suit under Section 6 of the Specific Relief Act, 1963. No such suit shall be brought after the expiry of :-
asix months from the date of dispossession
bthree months from the date of dispossession
ctwelve months from the date of dispossession
dthree years from the date of dispossession
Answer: A
Section 6(2)(a) bars a suit under Section 6 if brought after the expiry of six months from the date of dispossession; the section gives a summary remedy based on possession irrespective of title.
With respect to a decree or order passed in a suit instituted under Section 6 of the Specific Relief Act, 1963 :-
aboth an appeal and a review lie
bno appeal lies and no review is allowed
can appeal lies but no review is permitted
dno appeal lies but review is permitted
Answer: B
Section 6(3) expressly provides that no appeal shall lie from any order or decree passed in a suit under Section 6, nor shall any review of any such order or decree be allowed.
A suit under Section 6 of the Specific Relief Act, 1963 for recovery of possession by a dispossessed person :-
ashall not be brought against the Government
bmay be brought against the Government
cmay be brought against the Government only with the prior sanction of the State
dshall be brought exclusively against the Government
Answer: A
Section 6(2)(b) expressly bars institution of a suit under this section against the Government; the dispossessed person must instead establish title in an ordinary suit.
Under the Specific Relief Act, 1963 as amended in 2018, a party who has obtained substituted performance of a contract under Section 20 :-
acan still claim specific performance of the contract
bis barred from claiming any relief whatsoever
ccannot claim specific performance of the contract but may recover expenses and costs from the party in breach
dmay claim specific performance only with the permission of the court
Answer: C
Section 14(a) read with Section 20 bars specific performance where the aggrieved party has obtained substituted performance through a third party or his own agency, though Section 20(2) permits him to recover the expenses and costs from the party in breach.
When two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only, the transaction under the Transfer of Property Act, 1882 is termed:
aLease
bSale
cGift
dExchange
Answer: D
Section 118 defines an 'exchange' as the mutual transfer of ownership of one thing for the ownership of another, neither thing or both things being money only.
'A', the ostensible owner of land with the consent of the real owner 'O', sells it for value to 'B' who, after taking reasonable care to ascertain title, acts in good faith. The real owner 'O' later seeks to set aside the transfer. Which provision protects 'B'?
aSection 51 (improvements by bona fide holder)
bSection 43 (feeding the grant by estoppel)
cSection 41 (transfer by ostensible owner)
dSection 53A (part performance)
Answer: C
Section 41 protects a transferee for consideration from an ostensible owner who acted with the real owner's express or implied consent, provided the transferee took reasonable care to ascertain the transferor's power and acted in good faith.
In Jumma Masjid, Mercara v. Kodimaniandra Deviah (AIR 1962 SC 847), the Supreme Court held that a transferee for consideration who takes a transfer on the faith of a representation of present title, where the transferor in fact held only a spes successionis, is:
aWholly without remedy because Section 6(a) bars transfer of spes successionis
bEntitled to the benefit of Section 43 when the transferor subsequently acquires the interest
cEntitled only to damages, never to the property
dProtected only if the transfer was registered before succession opened
Answer: B
The Court held Section 6(a) (a rule of substantive law) and Section 43 (a rule of estoppel) operate in distinct fields; a transferee who acted for consideration on a representation of present title gets the benefit of Section 43 when the transferor later acquires the interest.
The doctrine of part performance under Section 53A of the Transfer of Property Act, 1882 requires, among other conditions, that:
aThe contract be oral but acted upon by both parties
bThe transferee remain unwilling to perform his part of the contract
cPossession be taken only after the deed is registered
dThere be a written contract signed by the transferor from which the terms can be ascertained with reasonable certainty
Answer: D
Section 53A requires a written contract signed by or on behalf of the transferor whose terms can be ascertained with reasonable certainty, the transferee having taken or continued in possession in part performance and being willing to perform his part.
With regard to an order of eviction passed by the Rent Controlling Authority in a proceeding under Chapter III-A of the M.P. Accommodation Control Act, 1961, which of the following is correct ?
aNo appeal lies; the High Court may exercise revisional powers under Section 23-E
bAn appeal lies to the District Judge within thirty days
cAn appeal lies to the Collector within sixty days
dAn appeal lies directly to the High Court
Answer: A
Section 23-E(1) bars any appeal from an order of the Rent Controlling Authority under Chapter III-A; instead the High Court may, suo motu or on application of an aggrieved person, exercise revisional powers, an application by such person being presentable within ninety days.
Under Section 6 of the M.P. Accommodation Control Act, 1961, in consideration of the grant, renewal or continuance of a tenancy, a landlord may, without the previous permission of the Rent Controlling Authority, lawfully claim or receive as rent in advance a sum not exceeding :
athree months' rent of the accommodation
btwo months' rent of the accommodation
cone month's rent of the accommodation
dsix months' rent of the accommodation
Answer: C
Section 6(2)(b) prohibits a landlord, except with the previous permission of the Rent Controlling Authority, from claiming or receiving any sum exceeding one month's rent of the accommodation as rent in advance.
Under Section 45 of the M.P. Accommodation Control Act, 1961, the jurisdiction of civil courts is barred in respect of matters which the Rent Controlling Authority is empowered to decide; however, the bar does NOT prevent a civil court from entertaining a suit or proceeding for :
agrant of an injunction against action taken by the Rent Controlling Authority
bdeciding whether the landlord's requirement is bonafide
cthe decision of any question of title to the accommodation
dfixation of standard rent of the accommodation
Answer: C
Section 45(1) bars civil courts from matters such as fixation of standard rent or matters the Rent Controlling Authority may decide, but Section 45(2) expressly preserves the civil court's jurisdiction to decide any question of title to the accommodation or as to who is entitled to receive the rent.
The right by which a bhumiswami may resign his rights in a holding in favour of the State Government under the M.P. Land Revenue Code, 1959 is called :-
aForfeiture
bDevolution
cRelinquishment
dAbandonment
Answer: C
Section 173 provides that a bhumiswami may relinquish his rights, that is, resign them in favour of the State Government, by giving notice in the prescribed manner.
Failure to vacate land in favour of an allottee of land is declared to be an offence under which provision of the M.P. Land Revenue Code, 1959?
aSection 250-A
bSection 250
cSection 250-B
dSection 248
Answer: C
Section 250-B makes failure to vacate land in favour of an allottee of land an offence; Section 250-A deals with confinement in civil prison on failure to restore possession under Section 250.
A collection of malicious self-replicating computer programs that attach themselves to other files and spread without the user's knowledge is best described as a:
aCompiler
bOperating system
cSpreadsheet
dComputer virus
Answer: D
A computer virus is malicious software that replicates by attaching itself to other programs or files and spreads, typically causing harm.
Where after the institution of a suit a new defendant is added, then under Section 21 of the Limitation Act, 1963 the suit, as regards him, shall ordinarily be deemed to have been instituted -
aon the date the first hearing was fixed
bwhen he was so made a party, unless the Court is satisfied the omission was due to a mistake made in good faith
con the date of institution of the original suit in every case
don the date the cause of action arose
Answer: B
Section 21(1) provides that on adding or substituting a new plaintiff or defendant the suit is deemed instituted as regards him when he was so made a party; but the Court may direct an earlier date where it is satisfied that the omission to include him was due to a mistake made in good faith.
The access and use of light or air to and for a building is acquired as an easement by prescription under Section 25 of the Limitation Act, 1963 when it has been peaceably enjoyed as of right, without interruption, for -
athirty years
bsixty years
ctwelve years
dtwenty years
Answer: D
Section 25 provides that where access and use of light or air, a way, watercourse or other easement has been peaceably and openly enjoyed as of right and without interruption for twenty years, the right becomes absolute and indefeasible.
In an appeal against conviction under Section 138, the Appellate Court under Section 148 of the Negotiable Instruments Act, 1881 may order the appellant to deposit a sum which shall be a minimum of :-
aFifty per cent of the fine or compensation awarded by the trial court
bTwenty per cent of the fine or compensation awarded by the trial court
cTen per cent of the fine or compensation awarded by the trial court
dTwenty-five per cent of the fine or compensation awarded by the trial court
Answer: B
Section 148(1) empowers the Appellate Court to order the appellant to deposit such sum as shall be a minimum of twenty per cent of the fine or compensation awarded by the trial court, in addition to any interim compensation paid under Section 143A.
Under Section 100 of the Code of Civil Procedure, 1908, a High Court hearing a second appeal must, at the time of admission, formulate the substantial question of law. The provision relating to such formulation read with Order XLI is that the appellant :-
amay urge additional questions only with the consent of the respondent
bshall not, without the leave of the Court, urge any ground other than the question so formulated
cmay, as of right, urge any ground of fact or law in the second appeal
dis confined to the questions raised in the first appellate court
Answer: B
Section 100(5) CPC provides that the appeal shall be heard on the question so formulated, and the appellant shall not be allowed to urge any other ground without the leave of the Court; the proviso preserves the Court's power to hear on another substantial question for recorded reasons.
A plaint shall be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908, in which of the following situations?
aWhere the defendant has a strong defence on the merits
bWhere the suit appears from the statement in the plaint to be barred by any law
cWhere the plaintiff fails to appear on the first date of hearing
dWhere the written statement is not filed within ninety days
Answer: B
Order VII Rule 11(d) CPC mandates rejection of the plaint where, from the statement in the plaint itself, the suit appears to be barred by any law; the other clauses cover no cause of action, undervaluation, and deficient court-fee or insufficient stamp.
Except on a question of law, no appeal lies from a decree in a suit of the nature cognisable by Courts of Small Cause under Section 96(4) of the Code of Civil Procedure, 1908, when the amount or value of the subject-matter of the original suit does not exceed :-
atwenty thousand rupees
bten thousand rupees
cfive thousand rupees
dthree thousand rupees
Answer: B
Section 96(4) CPC bars a first appeal except on a question of law in petty Small Cause-type suits where the value of the subject-matter does not exceed ten thousand rupees.
The Supreme Court explained the working of Section 89 of the Code of Civil Procedure and the modes of alternative dispute resolution, holding that a court cannot refer a suit to arbitration without the consent of all parties, in :-
aSalem Advocate Bar Association v. Union of India
bBooz Allen and Hamilton Inc. v. SBI Home Finance Ltd.
cK.K. Modi v. K.N. Modi
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 laid down the procedure under Section 89 and held that reference to arbitration requires the mutual consent of all parties.
An auction-purchaser seeks to set aside a sale of immovable property held in execution of a decree on the ground of material irregularity or fraud in publishing or conducting the sale. Under Order XXI Rule 90 of the Code of Civil Procedure, the sale shall not be set aside unless the Court is satisfied that the applicant :-
ahas sustained substantial injury by reason of such irregularity or fraud
bhas deposited the entire decretal amount in court
chas filed an independent suit challenging the sale
dhas obtained the prior permission of the decree-holder
Answer: A
Order XXI Rule 90(3) CPC bars setting aside a sale on the ground of irregularity or fraud unless the Court is satisfied, upon the facts proved, that the applicant has sustained substantial injury by reason of that irregularity or fraud.
Where a sole defendant dies and the right to sue survives, but no application to bring the legal representative of the deceased defendant on record is made within the time limited by law, the consequence under Order XXII Rule 4 of the Code of Civil Procedure is that :-
athe suit continues against the surviving parties only
bthe decree is passed against the estate without notice
cthe suit abates as against the deceased defendant
dthe court must suo motu implead the legal representative
Answer: C
Under Order XXII Rule 4(3) CPC, where no application is made within the limitation period to bring the legal representative on record, the suit abates as against the deceased defendant.
Explanation IV to Section 11 of the Code of Civil Procedure, 1908, which embodies the principle of constructive res judicata, provides that any matter which might and ought to have been made a ground of attack or defence in the former suit :-
ais relevant only in criminal proceedings
bmay be freshly agitated in a subsequent suit
cshall be deemed to have been a matter directly and substantially in issue in such suit
dcan be raised only with the leave of the appellate court
Answer: C
Explanation IV to Section 11 deems any matter which might and ought to have been made a ground of attack or defence in the former suit to have been directly and substantially in issue, thus barring its relitigation (constructive res judicata).
Under Section 148A of the Code of Civil Procedure, 1908, a caveat lodged by a person claiming a right to appear before the Court on the hearing of an application shall remain in force, unless an application is made before its expiry, for a period of :-
aninety days from the date on which it was lodged
bthirty days from the date on which it was lodged
csixty days from the date on which it was lodged
done hundred and eighty days from the date on which it was lodged
Answer: A
Section 148A(5) CPC provides that a caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged, unless an application referred to in sub-section (1) has been made within that period.
Save in cases of urgency, no suit shall be instituted against the Government or against a public officer in respect of an act purporting to be done in his official capacity until the expiration of a notice in writing under Section 80 of the Code of Civil Procedure, the period of which is :-
aone month
bthree months
ctwo months
dsix months
Answer: C
Section 80(1) CPC requires that the suit be instituted only after the expiration of two months from the delivery of the statutory notice in writing to the Government or public officer.
Under Article 233 of the Constitution of India, the appointment of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with:
aThe High Court exercising jurisdiction in relation to such State
bThe Council of Ministers of the State
cThe State Public Service Commission
dThe Chief Justice of India
Answer: A
Article 233(1) provides that district judges are appointed, posted and promoted by the Governor in consultation with the High Court exercising jurisdiction in that State; the Supreme Court has held the Governor may consult only the High Court, not the Union.
Under Article 233(2), a person not already in the service of the Union or of a State is eligible to be appointed a district judge only if he has been an advocate or pleader for not less than:
aSeven years and is recommended by the State Public Service Commission
bFive years and is recommended by the High Court
cTen years and is recommended by the Governor
dSeven years and is recommended by the High Court
Answer: D
Article 233(2) requires that such a person must have been an advocate or pleader for at least seven years and be recommended by the High Court for appointment.
In Kihoto Hollohan v. Zachillhu (1992), the Supreme Court struck down Paragraph 7 of the Tenth Schedule on the ground that:
aIt violated the basic structure of the Constitution
bIt was repugnant to the Representation of the People Act
cIt ousted the jurisdiction of the Supreme Court and High Courts and was not ratified by State Legislatures as required by the proviso to Article 368(2)
dIt conferred excessive powers on the Speaker
Answer: C
The Court held Paragraph 7, which barred the jurisdiction of courts under Articles 136, 226 and 227, required ratification under the proviso to Article 368(2); as that was not done, Paragraph 7 was invalid while the rest of the Tenth Schedule was upheld.
Article 243-O of the Constitution provides that no election to any Panchayat shall be called in question except:
aBy an election petition presented to such authority and in such manner as provided by law made by the State Legislature
bBy a writ petition under Article 226 before the High Court
cBy a suit before the competent civil court
dBy an appeal to the State Election Commission
Answer: A
Article 243-O(b) bars courts and confines challenges to Panchayat elections to an election petition presented to the authority and in the manner provided by State law; the non-obstante clause overrides Article 226.
The territorial jurisdiction of a High Court to issue writs under Article 226 may also be exercised, by virtue of clause (2), where:
aThe seat of the Government or authority is within its territories
bThe Union Government consents to its exercise
cThe petitioner ordinarily resides within its territories
dThe cause of action, wholly or in part, arises within its territories, even if the authority's seat is outside
Answer: D
Article 226(2) extends a High Court's writ jurisdiction to territories within which the cause of action, wholly or in part, arises, notwithstanding that the seat of the Government, authority or person is outside those territories.
Under Article 312, Parliament may provide for the creation of one or more All-India Services (including an All India Judicial Service) only if the Council of States has declared, by resolution supported by:
aTwo-thirds of the total membership and a majority of the total membership
bNot less than half of the total membership of the House
cNot less than two-thirds of the members present and voting, that it is necessary or expedient in the national interest
dA simple majority of members present and voting, that it is necessary in the national interest
Answer: C
Article 312(1) requires the Rajya Sabha to declare by a resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest to create such service.
Under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when a fact is discovered in consequence of information received from an accused in police custody, how much of that information may be proved?
aSo much of the information as relates distinctly to the fact thereby discovered
bNone of the information, since it is made to a police officer
cOnly that part which amounts to a full confession of guilt
dThe whole of the information, whether or not it relates to the fact discovered
Answer: A
The proviso to Section 23(2) of the BSA (corresponding to old Section 27 IEA) lets in only so much of the information, whether or not it amounts to a confession, as relates distinctly to the fact thereby discovered; the rest remains barred by Section 23(1) and (2).
In Pulukuri Kottaya v. Emperor (AIR 1947 PC 67), the Privy Council held that the expression "fact discovered" in the provision now contained in Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) embraces:
aThe place from which the object is produced and the knowledge of the accused as to it
bOnly the confessional statement made by the accused
cAny fact within the personal knowledge of the investigating officer
dOnly the physical object actually produced by the accused
Answer: A
The Privy Council held that the "fact discovered" is not merely the object produced but embraces the place from which it is produced and the accused's knowledge of it; only information relating distinctly to that is admissible under the proviso to Section 23(2) of the BSA.
A confession contained in a First Information Report lodged by the accused himself with the police was sought to be split into incriminating and non-incriminating parts. Following Aghnoo Nagesia v. State of Bihar (AIR 1966 SC 119), and under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), such a confessional FIR is:
aAdmissible only as to the portion identifying the accused
bAdmissible if the Magistrate later records it under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023
cWholly admissible as it was voluntarily lodged
dInadmissible as a whole under Section 23(1), save the part falling within the proviso to Section 23(2)
Answer: D
In Aghnoo Nagesia the Court held a confessional statement to police cannot be dissected into admissible and inadmissible parts; under the BSA the entire confession is barred by Section 23(1) except so much as is saved by the discovery proviso to Section 23(2).
Under Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession is irrelevant if it appears to have been caused by inducement, threat or promise. The inducement must, inter alia:
aBe reduced into writing and signed by the accused
bProceed from a co-accused having no authority
cProceed from a person in authority and give grounds for supposing a temporal advantage or escape from a temporal evil
dRelate to a spiritual or religious benefit in the next world
Answer: C
Section 22 of the BSA renders a confession irrelevant only where the inducement, threat, coercion or promise has reference to the charge, proceeds from a person in authority, and is sufficient to give the accused reasonable grounds for supposing that by making it he would gain an advantage or avoid an evil of a temporal nature in reference to the proceedings against him.
In Pakala Narayana Swami v. Emperor (AIR 1939 PC 47), the Privy Council held that a statement admissible under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) as to the circumstances of the transaction which resulted in death:
aIs admissible only if the declarant was under expectation of death when he made it
bIs admissible only in cases of homicide and not suicide
cMust be made to a Magistrate to be admissible
dIs admissible even though the declarant had no expectation of death at the time
Answer: D
Pakala Narayana Swami held that, unlike English law, a statement under what is now Section 26(a) of the BSA need not be made under expectation of death; it is admissible so long as it relates to the cause of death or circumstances of the transaction resulting in death.
The "five golden principles" (the panchsheel) governing conviction based wholly on circumstantial evidence, applied under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), were enunciated by the Supreme Court in:
aSharad Birdhichand Sarda v. State of Maharashtra
bPulukuri Kottaya v. Emperor
cAghnoo Nagesia v. State of Bihar
dPakala Narayana Swami v. Emperor
Answer: A
In Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116, the Supreme Court laid down the five golden principles of circumstantial evidence, including that the circumstances must be fully established and consistent only with the guilt of the accused; these continue to apply under the BSA, which contains no separate section on circumstantial evidence.
Which Indian city is famously associated with the historic Khajuraho group of temples, a UNESCO World Heritage Site located in Madhya Pradesh?
aChhatarpur district
bRewa district
cSagar district
dUjjain district
Answer: A
The Khajuraho group of monuments, built by the Chandela dynasty, lies in the Chhatarpur district of Madhya Pradesh and is a UNESCO World Heritage Site.
The 2024 Nobel Prize in Physics was awarded to John J. Hopfield and Geoffrey Hinton for foundational discoveries that enable which field?
aQuantum computing
bGravitational wave detection
cSuperconductivity
dMachine learning with artificial neural networks
Answer: D
Hopfield and Hinton won the 2024 Nobel Prize in Physics for foundational discoveries and inventions that enable machine learning with artificial neural networks.
In December 2024, who became the youngest-ever undisputed World Chess Champion by defeating Ding Liren?
aD. Gukesh (Gukesh Dommaraju)
bArjun Erigaisi
cR. Praggnanandhaa
dVidit Gujrathi
Answer: A
At 18, India's D. Gukesh defeated Ding Liren in Singapore in December 2024 to become the youngest undisputed World Chess Champion, the second Indian after Viswanathan Anand.
The bailment of goods as security for payment of a debt or performance of a promise is called :-
aa hypothecation, and the parties are hypothecator and hypothecatee
ba pledge, and the bailor and bailee are called the 'pawnor' and 'pawnee'
ca mortgage, and the parties are mortgagor and mortgagee
da lien, and the parties are lienor and lienee
Answer: B
Section 172 defines pledge as the bailment of goods as security for payment of a debt or performance of a promise; the bailor is the 'pawnor' and the bailee the 'pawnee'.
Where acts are done by one person on behalf of another, but without his knowledge or authority, the other may elect to ratify or to disown such acts. This right of ratification is recognised under :-
aSection 230
bSection 201
cSection 182
dSection 196
Answer: D
Section 196 provides that where acts are done by one person on behalf of another without his authority, he may elect to ratify them, in which case the same effects follow as if done with authority.
In which of the following cases was it held by the Privy Council that an agreement entered into by a minor is void ab initio and incapable of being enforced against him ?
aMohori Bibee v. Dharmodas Ghose
bBalfour v. Balfour
cHadley v. Baxendale
dCarlill v. Carbolic Smoke Ball Co.
Answer: A
In Mohori Bibee v. Dharmodas Ghose (1903), the Privy Council held that a minor's agreement is void ab initio, as a minor is incompetent to contract under Section 11.
A servant, who had already left in search of his master's missing nephew before any reward was announced, traced and brought back the boy without knowledge of the reward. His claim for the reward was rejected on the ground that there can be no acceptance of an offer without knowledge of it. This principle was laid down in :-
aFelthouse v. Bindley
bCarlill v. Carbolic Smoke Ball Co.
cSatyabrata Ghose v. Mugneeram Bangur
dLalman Shukla v. Gauri Dutt
Answer: D
In Lalman Shukla v. Gauri Dutt, it was held that an offer must be communicated and acted upon with knowledge; an act done in ignorance of the offer cannot amount to acceptance.
Where a person lawfully does something for another, or delivers anything to him, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the latter is bound to make compensation or restore the thing. This quasi-contractual obligation is contained in :-
aSection 72
bSection 73
cSection 70
dSection 68
Answer: C
Section 70 imposes an obligation on a person who enjoys the benefit of a non-gratuitous act lawfully done for him to compensate the doer; it is one of the quasi-contracts in Sections 68 to 72.
Under Section 359 of the Indian Penal Code, kidnapping is of how many kinds, and what are they?
aTwo kinds: kidnapping from India and kidnapping from lawful guardianship
bOne kind: kidnapping from lawful guardianship
cTwo kinds: kidnapping and abduction
dThree kinds: from India, from guardianship, and for ransom
Answer: A
Section 359 IPC declares that kidnapping is of two kinds: kidnapping from India (defined in Section 360) and kidnapping from lawful guardianship (defined in Section 361).
The relationship between culpable homicide (Section 299) and murder (Section 300) under the Indian Penal Code is best described as:
aCulpable homicide is the genus and murder is the species
bEvery culpable homicide is necessarily murder
cMurder is the genus and culpable homicide is the species
dThey are two wholly independent offences with no overlap
Answer: A
Culpable homicide is the genus and murder its species; all murders are culpable homicide, but all culpable homicides are not murder, the difference turning on the degree of intention or probability of death.
Abetment under Section 107 of the Indian Penal Code may be committed in which of the following ways?
aOnly by instigation
bBy instigation, by conspiracy, or by intentional aiding
cBy instigation, attempt, and negligence
dOnly by conspiracy and attempt
Answer: B
Section 107 IPC provides that a person abets the doing of a thing by instigating it, by engaging in a conspiracy for its commission, or by intentionally aiding its commission. Attempt is not a mode of abetment.
Sections 76 and 79 of the Indian Penal Code provide a defence of mistake. The defence is available where the act is done under a mistake of fact in good faith, but NOT where it is done under a mistake of:
aIdentity
bLaw
cTime
dPlace
Answer: B
Both Section 76 (bound by law) and Section 79 (justified by law) exonerate only a mistake of fact made in good faith; a mistake of law is no excuse (ignorantia juris non excusat).
'A' intends to kill 'B' and fires a shot at him, but the shot misses 'B' and kills 'C', whom 'A' did not intend or know to be likely to kill. The provision of the Indian Penal Code that fixes 'A''s liability as though he had killed the person intended is:
aSection 304A
bSection 300, Exception 1
cSection 299
dSection 301 (transfer of malice)
Answer: D
Section 301 IPC embodies the doctrine of transferred malice (transfer of malice): if a person causes the death of one whom he did not intend to kill while doing an act intended to kill another, the culpable homicide is of the kind he would have committed against the intended victim.
The provision for an order of maintenance of wives, children and parents (corresponding to Section 125 of the old Code) under the Bharatiya Nagarik Suraksha Sanhita, 2023 is:
aSection 152 BNSS
bSection 144 BNSS
cSection 164 BNSS
dSection 125 BNSS
Answer: B
Section 144 BNSS replaces Section 125 CrPC and provides for monthly maintenance of a wife, child or parent unable to maintain himself or herself, including interim maintenance during pendency of proceedings.
Under Section 472 of the BNSS, 2023, a convict under sentence of death (or his legal heir or relative) may file a mercy petition before the President under Article 72 or the Governor under Article 161 within a period of, from the date the Superintendent of the jail informs him of the relevant dismissal/confirmation:
aSeven days
bThirty days
cSixty days
dFifteen days
Answer: B
Section 472 BNSS, a new provision, prescribes a thirty-day period for filing a mercy petition after the jail Superintendent informs the convict of the dismissal/confirmation; on rejection by the Governor, the petition to the President must be made within sixty days.
Under Section 184 of the BNSS, 2023, where rape or attempt to commit rape is alleged, the woman victim shall be sent for medical examination by a registered medical practitioner within:
aForty-eight hours from the receipt of information
bTwenty-four hours from the receipt of information
cSix hours from the receipt of information
dTwelve hours from the receipt of information
Answer: B
Section 184 BNSS requires the victim of rape to be sent for medical examination within twenty-four hours from receipt of the information relating to the offence, with her consent (or that of a competent person on her behalf).
Under Section 64 of the BNSS, 2023, in addition to personal service, a summons bearing the image of the Court's seal may also be served by:
aBeat of drum in the locality only
bElectronic communication in such form and manner as the State Government may by rules provide
cPublication in the Official Gazette alone
dOral communication by any police officer
Answer: B
Section 64 BNSS permits service of summons (bearing the image of the Court's seal) by electronic communication in the form and manner prescribed by State Government rules, and such service is deemed duly effected.
Which of the following correctly states the position regarding arrest in cognizable cases under Section 35 of the BNSS, 2023?
aNo person can be arrested without warrant for any offence punishable with imprisonment of seven years or more
bA police officer must obtain a Magistrate's warrant before arresting in every cognizable case
cA police officer may, without an order of a Magistrate and without a warrant, arrest a person who commits a cognizable offence in his presence, subject to the conditions and necessity test in the section
dArrest without warrant is permitted only for offences punishable with death or imprisonment for life
Answer: C
Section 35(1) BNSS (corresponding to Section 41 CrPC) permits a police officer to arrest without warrant a person who commits a cognizable offence in his presence, subject to the statutory conditions; for offences punishable up to seven years the necessity test and a Section 35(3) notice ordinarily apply.
The power of the court to engage experts on specific issues and to secure their attendance, in a suit under the Specific Relief Act, 1963, is contained in :-
aSection 20A
bSection 14A
cSection 20B
dSection 20C
Answer: B
Section 14A, inserted by the 2018 amendment, empowers the court to engage one or more experts to assist it on any specific issue involved in the suit and to secure their attendance.
Under Section 20C of the Specific Relief Act, 1963, a suit filed under the provisions of the Act shall be disposed of by the court within :-
atwelve months from the date of service of summons, extendable by a further period not exceeding six months in aggregate
bsix months from the date of service of summons, extendable by three months
ctwenty-four months from the date of institution of the suit
dthirty-six months from the date of institution of the suit
Answer: A
Section 20C requires disposal within twelve months from the date of service of summons on the defendant, extendable by the court, for reasons recorded in writing, by a further period not exceeding six months in the aggregate.
Under Section 20A of the Specific Relief Act, 1963 (inserted in 2018), in respect of a contract relating to an infrastructure project specified in the Schedule, the court :-
ashall grant an injunction even if it delays the project
bshall not grant an injunction where it would cause hindrance or delay in the continuance or completion of the infrastructure project
cmay grant an injunction only with the consent of the State Government
dhas no jurisdiction to entertain the suit at all
Answer: B
Section 20A bars the court from granting an injunction in a suit relating to a contract for an infrastructure project listed in the Schedule, where granting it would cause hindrance or delay in the continuance or completion of such project.
Which of the following contracts can be specifically enforced under Section 14 of the Specific Relief Act, 1963, as amended in 2018 ?
aA contract the performance of which involves the performance of a continuous duty which the court cannot supervise
bA contract which is in its nature determinable
cA contract for sale of immovable property where compensation in money is an adequate relief
dA contract which is so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of its material terms
Answer: C
After the 2018 amendment, adequacy of money compensation is no longer a bar to specific performance; clauses (b), (c) and (d) of the options correspond to the statutory exceptions in Section 14, so a contract for sale of land remains enforceable despite money being adequate.
During the pendency of a suit relating to immovable property, a party transfers the suit property to a stranger who has no notice of the litigation. Under Section 52 of the Transfer of Property Act, 1882, the transferee:
aIs bound by the decree, as good faith or absence of notice is immaterial to lis pendens
bIs wholly free of the suit because he is a bona fide purchaser without notice
cCan resist the decree only by proving payment of consideration
dTakes the property free of the decree if the transfer was registered
Answer: A
Lis pendens under Section 52 is a rule of public policy; a transferee pendente lite takes subject to the result of the suit irrespective of good faith or notice.
A transfers his house to B with a condition absolutely restraining B from parting with or disposing of his interest in the property. Under Section 10 of the Transfer of Property Act, 1882:
aThe transfer is void
bBoth the transfer and the condition are valid
cThe transfer is voidable at the option of A
dThe transfer is valid but the condition is void
Answer: D
Section 10 provides that an absolute restraint on alienation annexed to a transfer is void, while the transfer itself remains valid (subject to the lease and married-woman exceptions).
Under Section 14 of the Transfer of Property Act, 1882 (rule against perpetuity), no transfer of property can operate to create an interest which is to take effect after the lifetime of one or more persons living at the date of the transfer and:
aA fixed period of twenty-one years thereafter in all cases
bThe minority of a person in existence at the expiration of that period
cA perpetual period for charitable purposes
dThe majority, i.e., twenty-one years, of any unborn person
Answer: B
Section 14 ties the maximum period of postponement to the life or lives in being plus the minority of a person who shall be in existence at the expiration of that period (the gestation/minority limit), not a flat 21 years.
The doctrine of election under the Transfer of Property Act, 1882 — that a person who takes a benefit under an instrument must adopt the whole of it and cannot accept the benefit while rejecting the burden — is contained in:
aSection 31
bSection 35
cSection 51
dSection 43
Answer: B
Section 35 embodies the doctrine of election: where a person professes to transfer property he has no right to transfer and as part of the same transaction confers a benefit on the owner, the owner must elect either to confirm the transfer or dissent and forgo the benefit.
Under Section 12(1)(a) of the M.P. Accommodation Control Act, 1961, a suit for eviction on the ground of arrears of rent can be filed only if the tenant has neither paid nor tendered the whole of the arrears legally recoverable from him within :
atwo months of the date of service of notice of demand
bone month of the date of service of notice of demand
cthree months of the date of service of notice of demand
dfifteen days of the date of service of notice of demand
Answer: A
Section 12(1)(a) permits eviction where the tenant has neither paid nor tendered the whole of the arrears of rent within two months of the date on which a notice of demand for arrears is served on him by the landlord in the prescribed manner.
The ground of eviction that the accommodation let for residential purposes is required bona fide by the landlord for occupation as a residence for himself or for any member of his family is contained in :
aSection 12(1)(a)
bSection 12(1)(c)
cSection 12(1)(f)
dSection 12(1)(e)
Answer: D
Section 12(1)(e) deals with bona fide requirement of residential accommodation by the landlord for himself or a member of his family; clause (f) covers bona fide need of non-residential accommodation for business.
Under the M.P. Accommodation Control Act, 1961, the ground that the accommodation let for non-residential purposes is required bona fide by the landlord for the purpose of continuing or starting his business is provided in :
aSection 12(1)(f)
bSection 12(1)(e)
cSection 12(1)(h)
dSection 12(1)(g)
Answer: A
Section 12(1)(f) provides for eviction where non-residential accommodation is bona fide required by the landlord for continuing or starting his own business, where he has no other reasonably suitable accommodation of his own.
Under Section 3 of the M.P. Land Revenue Code, 1959, the Board of Revenue for Madhya Pradesh shall consist of a President and -
aone or more other members
bfour other members
ctwo or more other members
dexactly three other members
Answer: C
Section 3(1) provides that the Board of Revenue shall consist of a President and two or more other members as the State Government may from time to time think fit to appoint.
Under Section 250 of the M.P. Land Revenue Code, 1959, an application for reinstatement of a bhumiswami who has been improperly dispossessed is to be made to the -
aTahsildar
bCivil Court
cCollector
dSub-Divisional Officer
Answer: A
Section 250 provides that where a bhumiswami is dispossessed otherwise than in due course of law, he may apply to the Tahsildar for restoration of possession.
Under Section 47 of the M.P. Land Revenue Code, 1959, the period of limitation for an appeal to the Board of Revenue from the date of the order objected to is -
athirty days
bforty-five days
csixty days
dninety days
Answer: C
Section 47 prescribes thirty days for appeals to the Sub-Divisional Officer/Collector/Settlement Officer/Settlement Commissioner, forty-five days to the Commissioner, and sixty days to the Board of Revenue.
A byte is a unit of digital information that consists of 8 bits, which is the standard size used to represent a single character such as an ASCII letter.
Which of the following is an example of system software?
aMS Word
bVLC Media Player
cAdobe Photoshop
dOperating System
Answer: D
An operating system is system software that manages hardware and provides a platform for application software; the others listed are application software.
Section 27 of the Limitation Act, 1963 is regarded as an exception to the general rule that limitation bars only the remedy, because it provides that on expiry of the period limited for a suit for possession of property -
athe property vests in the State Government
bonly the remedy is barred, the right remaining intact
cthe right to such property itself stands extinguished
dthe plaintiff may sue afresh within thirty years
Answer: C
Section 27 provides that at the determination of the period limited for instituting a suit for possession of any property, the person's right to that property is extinguished; thus, unusually, the right and not merely the remedy is destroyed (the basis of adverse possession).
The period of limitation prescribed for a suit for possession of immovable property based on title (adverse possession) under Article 65 of the Schedule to the Limitation Act, 1963 is -
asix years from refusal to deliver possession
btwelve years from when the possession of the defendant becomes adverse to the plaintiff
cthree years from dispossession
dthirty years from the date of the title deed
Answer: B
Article 65 prescribes twelve years for a suit for possession of immovable property or any interest therein based on title, the period running from the date the defendant's possession becomes adverse to the plaintiff.
Under the Negotiable Instruments Act, 1881, the expression "holder in due course" is defined in :-
aSection 9
bSection 8
cSection 13
dSection 10
Answer: A
Section 9 defines "holder in due course" as a person who, for consideration, became the possessor of the instrument before maturity and without sufficient cause to believe that any defect existed in the transferor's title; Section 8 defines "holder".
The proviso to Order VI Rule 17 of the Code of Civil Procedure, 1908, places a restriction on amendment of pleadings by providing that no application for amendment shall be allowed after the trial has commenced unless the Court concludes that :-
athe opposite party has consented to the amendment
bin spite of due diligence, the party could not have raised the matter before the commencement of trial
cthe suit value exceeds the pecuniary jurisdiction of the court
dthe amendment relates only to a clerical error
Answer: B
The proviso to Order VI Rule 17 CPC (inserted by the 2002 amendment) bars amendment after commencement of trial unless the Court is satisfied that, in spite of due diligence, the party could not have raised the matter earlier.
On the application of any party and to the satisfaction of the Court, the power to transfer any suit, appeal or other proceeding pending before it to any subordinate court competent to try the same, or to withdraw such proceeding and transfer it, is conferred on the District Court (and the High Court) under :-
aSection 22 of the Code of Civil Procedure
bSection 151 of the Code of Civil Procedure
cSection 25 of the Code of Civil Procedure
dSection 24 of the Code of Civil Procedure
Answer: D
Section 24 CPC confers the general power of transfer and withdrawal of suits, appeals and other proceedings on the High Court and the District Court, exercisable on application or suo motu.
All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the executing court and not by a separate suit. This bar is contained in :-
aSection 47 of the Code of Civil Procedure
bOrder XXI Rule 58 of the Code of Civil Procedure
cSection 60 of the Code of Civil Procedure
dSection 96 of the Code of Civil Procedure
Answer: A
Section 47 CPC requires all questions relating to the execution, discharge or satisfaction of a decree, arising between the parties or their representatives, to be decided by the executing court itself, barring a separate suit.
Where a decree is varied or reversed in any appeal, revision or other proceeding, the court of first instance, on the application of any party entitled to a benefit, shall cause such restitution as will, so far as may be, place the parties in the position they would have occupied but for the decree. This power is exercised under :-
aSection 114 of the Code of Civil Procedure
bSection 151 of the Code of Civil Procedure
cSection 144 of the Code of Civil Procedure
dSection 115 of the Code of Civil Procedure
Answer: C
Section 144 CPC embodies the doctrine of restitution, empowering the court of first instance to restore to a party what has been lost to him in consequence of a decree which has since been varied or reversed.
An order granting or refusing to grant a temporary injunction under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure, 1908, is :-
arevisable only and not appealable
ba final decree not subject to any challenge
can appealable order under Order XLIII Rule 1
dopen to review alone under Section 114
Answer: C
An order under Order XXXIX Rules 1 and 2 granting or refusing a temporary injunction is an appealable order expressly listed in Order XLIII Rule 1(r) CPC.
The court may, at any stage of the proceedings, order that the name of any party improperly joined be struck out, or that the name of a person who ought to have been joined be added, so that all questions in the suit may be effectually and completely adjudicated upon. This power is conferred by :-
aOrder VIII Rule 6A of the Code of Civil Procedure
bOrder I Rule 9 of the Code of Civil Procedure
cOrder II Rule 2 of the Code of Civil Procedure
dOrder I Rule 10 of the Code of Civil Procedure
Answer: D
Order I Rule 10(2) CPC empowers the court, at any stage, to strike out parties improperly joined and to add necessary or proper parties so that the controversy may be effectually and completely adjudicated.
A second appeal under Section 100 of the Code of Civil Procedure, 1908, lies to the High Court only where the case involves :-
aany error apparent on the face of the record
ba mixed question of law and fact
ca question of fact wrongly decided by the first appellate court
da substantial question of law
Answer: D
Section 100 CPC permits a second appeal to the High Court only where it is satisfied that the case involves a substantial question of law, which must be framed under Section 100(4) and the appeal heard only on that question. A pure question of fact cannot be re-agitated in second appeal.
Before instituting a suit against the Government in respect of an act purporting to be done by a public officer in his official capacity, a notice in writing under Section 80 of the Code of Civil Procedure must be given, and the suit cannot be instituted until the expiry of :-
atwo months from the notice
bsix months from the notice
cone month from the notice
dthree months from the notice
Answer: A
Section 80 CPC mandates a prior two months' notice in writing before a suit is instituted against the Government or a public officer for acts done in official capacity, so that the claim may be considered and settled.
The doctrine of res sub judice, under which no court shall proceed with the trial of a suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, is contained in :-
aSection 12 CPC
bSection 11 CPC
cSection 10 CPC
dSection 9 CPC
Answer: C
Section 10 CPC embodies the rule of res sub judice (stay of suit), preventing courts of concurrent jurisdiction from simultaneously trying two parallel suits on the same matter between the same parties; res judicata is dealt with separately under Section 11.
In Selvi v. State of Karnataka (2010), the Supreme Court held that the involuntary administration of narco-analysis, polygraph and brain-mapping (BEAP) tests violates:
aThe right against self-incrimination under Article 20(3) read with the right to life and personal liberty under Article 21
bThe right to equality under Article 14
cOnly the right to privacy under Article 21
dOnly the right against self-incrimination under Article 20(3)
Answer: A
The Court held that compelled administration of these tests offends the protection against testimonial compulsion under Article 20(3) and the right to personal liberty under Article 21; results obtained under compulsion are inadmissible.
In I.R. Coelho v. State of Tamil Nadu (2007), a nine-judge Bench held that laws placed in the Ninth Schedule:
aAre immune only if they relate to agrarian reform
bInserted after 24 April 1973 can be tested against the basic structure / fundamental rights and are open to judicial review
cAre wholly immune from judicial review by virtue of Article 31-B
dCan never be challenged once enacted by Parliament
Answer: B
The Court held that laws added to the Ninth Schedule after 24 April 1973 (the date of Kesavananda Bharati) are not immune from judicial review and can be struck down if they damage the basic structure or abridge fundamental rights.
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