Madhya Pradesh Judiciary Mock Test 10 — Questions & Solutions
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Under Section 13 of the M.P. Accommodation Control Act, 1961, after the first deposit the tenant must continue to deposit or pay rent month by month by :
athe 10th of each succeeding month
bthe 1st of each succeeding month
cthe 7th of each succeeding month
dthe 15th of each succeeding month
Answer: D
Section 13(1) directs the tenant to continue to deposit or pay, month by month, by the 15th of each succeeding month, a sum equivalent to the rent until the decision of the suit, appeal or proceeding.
Under Section 3 of the M.P. Land Revenue Code, 1959, the Board of Revenue for Madhya Pradesh shall consist of :-
aa President alone, sitting singly
ba President and one other member
ca Chairman and four members
da President and two or more other members
Answer: D
Section 3 provides that there shall be a Board of Revenue for Madhya Pradesh consisting of a President and two or more other members appointed by the State Government.
Under Section 23 of the M.P. Land Revenue Code, 1959, unless the Collector otherwise directs, a Naib-Tahsildar in a tahsil shall be subordinate to the :-
aSub-Divisional Officer
bCollector
cTahsildar
dSuperintendent of Land Records
Answer: C
Section 23 states that, unless the Collector otherwise directs, every Revenue Officer in a sub-division shall be subordinate to the Sub-Divisional Officer, and a Naib-Tahsildar in a tahsil shall be subordinate to the Tahsildar.
Under the M.P. Land Revenue Code, 1959, the appointment of Tahsildars, Additional Tahsildars and Naib-Tahsildars in each tahsil is made by the State Government under :-
aSection 16
bSection 19
cSection 22
dSection 24
Answer: B
Section 19 empowers the State Government to appoint in each tahsil a Tahsildar and one or more Naib-Tahsildars (and Additional Tahsildars) to exercise the powers conferred under the Code.
Which of the following is an example of system software rather than application software?
aMicrosoft Windows
bAdobe Photoshop
cGoogle Chrome
dMicrosoft Excel
Answer: A
Microsoft Windows is an operating system, which is system software that manages hardware and provides a platform for applications; the others are application software.
Under Section 3 of the Limitation Act, 1963, a suit instituted after the prescribed period of limitation shall be dismissed -
aonly where the Court records reasons in writing
bonly if the defendant pleads limitation as a defence
conly with the prior sanction of the State Government
dalthough limitation has not been set up as a defence
Answer: D
Section 3 makes the bar of limitation mandatory: every suit, appeal or application made after the prescribed period 'shall be dismissed, although limitation has not been set up as a defence', and the Court is bound to take note of it suo motu.
Where the prescribed period of limitation for a suit expires on a day when the Court is closed, under Section 4 of the Limitation Act, 1963 the suit may be instituted -
awithin thirty days of the Court reopening
bonly after obtaining condonation of delay under Section 5
con the day the Court reopens
dby lodging it with the District Magistrate the same day
Answer: C
Section 4 provides that where the period of limitation expires on a day when the Court is closed, the suit, appeal or application may be instituted, preferred or made on the day the Court reopens; no separate condonation is required.
Under Section 138 of the Negotiable Instruments Act, 1881, the offence of dishonour of a cheque for insufficiency of funds is punishable with imprisonment which may extend to :-
aTwo years
bOne year
cThree years
dSix months
Answer: A
Section 138 provides that the drawer shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both.
The general power to transfer and withdraw any suit, appeal or other proceeding pending in a subordinate court, on the application of a party or suo motu, is conferred on the High Court and the District Court by :-
aSection 25 of the Code of Civil Procedure
bSection 24 of the Code of Civil Procedure
cSection 23 of the Code of Civil Procedure
dSection 22 of the Code of Civil Procedure
Answer: B
Section 24 confers the general power of transfer and withdrawal on the High Court or the District Court, exercisable on the application of a party (after notice) or by the Court of its own motion; Section 25 deals with transfer from one State to another by the Supreme Court.
Leave to sue or appeal as an indigent person is governed by which provision of the Code of Civil Procedure, 1908 :-
aOrder XXXVII of the Code
bOrder XXXV of the Code
cOrder XXXIII of the Code
dOrder XXXII of the Code
Answer: C
Order XXXIII deals with suits by indigent persons (Order XLIV extends it to appeals); a person is indigent if not possessed of sufficient means, other than property exempt from attachment and the subject-matter of the suit, to pay the prescribed court fee.
Which one of the following orders is appealable as of right under Order XLIII Rule 1 of the Code of Civil Procedure, 1908 :-
aan order refusing to strike out an issue under Order XIV Rule 5
ban order under Order IX Rule 13 rejecting an application to set aside an ex-parte decree
can order under Order VIII Rule 10 pronouncing judgment for failure to file written statement
dan order under Order X Rule 2 for oral examination of a party
Answer: B
Order XLIII Rule 1(d) expressly provides an appeal from an order under Order IX Rule 13 rejecting an application to set aside an ex-parte decree; the other listed orders are not in the enumerated list of appealable orders.
A decree passed against the Union of India or a State Government shall not be executed unless the decree remains unsatisfied for a period of :-
athree months from the date of the decree
bone month from the date of the decree
csix months from the date of the decree
dtwo months from the date of the decree
Answer: A
Section 82(2) of the Code provides that execution of a decree against the Government shall not issue unless it remains unsatisfied for the period of three months computed from the date of the decree.
An order discharging, varying or setting aside an order of temporary injunction obtained ex-parte may be made by the Court under which provision of the Code of Civil Procedure, 1908 :-
aOrder XXXIX Rule 2A
bOrder XXXIX Rule 7
cOrder XXXIX Rule 4
dOrder XXXIX Rule 3
Answer: C
Order XXXIX Rule 4 empowers the Court to discharge, vary or set aside any order of injunction; Rule 2A deals with consequences of disobedience of an injunction order.
Under Section 11 of the Code of Civil Procedure, 1908, for the bar of res judicata to operate, the matter directly and substantially in issue in the subsequent suit must have been :-
amerely raised but not decided in the former suit
bdecided by any court irrespective of its competence to try the subsequent suit
cdirectly and substantially in issue in a former suit and heard and finally decided by a competent court
dincidentally or collaterally in issue in the former suit
Answer: C
Section 11 bars re-trial of a matter that was directly and substantially in issue in a former suit between the same parties (or those claiming under them) and was heard and finally decided by a court competent to try the subsequent suit.
Under Section 9 of the Code of Civil Procedure, 1908, the Courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is :-
aexpressly or impliedly barred
bonly expressly barred by statute
conly impliedly barred
dbarred by a contract between the parties
Answer: A
Section 9 confers jurisdiction over all suits of a civil nature except those whose cognizance is either expressly or impliedly barred; the Explanation makes both kinds of bar relevant.
The doctrine of 'constructive res judicata' is contained in which provision of the Code of Civil Procedure, 1908?
aSection 10
bExplanation IV to Section 11
cOrder II Rule 2
dExplanation I to Section 11
Answer: B
Explanation IV to Section 11 embodies constructive res judicata: any matter which might and ought to have been made a ground of attack or defence in the former suit is deemed to have been directly and substantially in issue.
Under Section 13 of the Code of Civil Procedure, 1908, a foreign judgment shall NOT be conclusive where it :-
ahas been given on the merits of the case
bhas been obtained by fraud
cis founded on a correct view of international law
dhas been pronounced by a Court of competent jurisdiction
Answer: B
Clause (e) of Section 13 provides that a foreign judgment obtained by fraud is not conclusive; the other options describe conditions under which it would be conclusive.
Under the Constitution of India, the right to constitutional remedies guaranteed by Article 32 has itself been described by Dr. B.R. Ambedkar as:
aA Directive Principle of State Policy
bA Fundamental Duty of the citizen
cThe heart and soul of the Constitution
dAn ordinary statutory right
Answer: C
Article 32, which guarantees the right to move the Supreme Court for enforcement of fundamental rights, was called by Dr. Ambedkar 'the very heart and soul' of the Constitution. It is itself a fundamental right.
'Untouchability' is abolished and its practice in any form forbidden by which Article of the Constitution of India?
aArticle 17
bArticle 16
cArticle 18
dArticle 15
Answer: A
Article 17 abolishes 'untouchability' and forbids its practice in any form, making its enforcement an offence punishable by law. Article 18 abolishes titles.
The provision that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India is found in:
aArticle 39
bArticle 51
cArticle 48
dArticle 44
Answer: D
Article 44, a Directive Principle of State Policy, directs the State to endeavour to secure a uniform civil code for citizens throughout India. It is non-justiciable but a goal of State policy.
The separation of the judiciary from the executive in the public services of the State is enjoined upon the State by which Article of the Constitution?
aArticle 233
bArticle 50
cArticle 235
dArticle 39A
Answer: B
Article 50, a Directive Principle, requires the State to take steps to separate the judiciary from the executive in the public services of the State. Articles 233 and 235 deal with appointment and control of district judges.
The Finance Commission, which recommends the distribution of taxes between the Union and the States, is constituted by the President under:
aArticle 263
bArticle 281
cArticle 280
dArticle 282
Answer: C
Article 280 requires the President to constitute a Finance Commission every fifth year (or earlier) to recommend, inter alia, the distribution of the net proceeds of taxes between the Union and the States.
The administration and control of the Scheduled Areas and Scheduled Tribes (such as the Scheduled Areas in Madhya Pradesh) is provided for under which Schedule of the Constitution?
aFifth Schedule
bSixth Schedule
cFourth Schedule
dSeventh Schedule
Answer: A
The Fifth Schedule contains provisions for the administration and control of Scheduled Areas and Scheduled Tribes in States other than the tribal areas of Assam, Meghalaya, Tripura and Mizoram, which are governed by the Sixth Schedule. Madhya Pradesh has Fifth Schedule areas.
Under Section 6 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which of the following is relevant ?
aOnly a motive for any fact in issue or relevant fact
bOnly preparation for any fact in issue or relevant fact
cOnly the subsequent conduct of an accused after arrest
dAny fact which shows or constitutes a motive or preparation for, or is conduct previous or subsequent to and influenced by, a fact in issue or relevant fact
Answer: D
Section 6 of the BSA makes relevant any fact showing motive or preparation for a fact in issue or relevant fact, as well as the previous or subsequent conduct of a party or accused which influences or is influenced by such fact.
When a person accused of an offence pleads a General Exception under the Bharatiya Nyaya Sanhita, Section 105 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides that :-
athe Court must presume the existence of the exception in favour of the accused
bno burden lies on either party regarding the exception
cthe prosecution must disprove the existence of the exception beyond reasonable doubt
dthe burden of proving the existence of circumstances bringing the case within the exception is on the accused, and the Court shall presume the absence of such circumstances
Answer: D
Section 105 of the BSA places the burden of proving that the case falls within a General Exception (or any special exception or proviso) upon the accused, and the Court shall presume the absence of such circumstances until the contrary is shown.
The presumption as to dowry death under Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) arises where it is shown that soon before her death the woman had been subjected by the accused to cruelty or harassment in connection with a demand for dowry. The nature of this presumption is :-
ait is a conclusive proof not open to rebuttal
bit operates only in civil proceedings
cthe Court 'may presume' the dowry death
dthe Court 'shall presume' that such person had caused the dowry death
Answer: D
Section 117 of the BSA uses the mandatory expression 'the Court shall presume that such person had caused the dowry death' once the foundational facts are established. It is a rebuttable presumption of law, distinguishable from the discretionary 'may presume' under Section 116 of the BSA for abetment of suicide.
Read Section 138 with Illustration (b) to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA). Which statement is correct ?
aAn accomplice is an incompetent witness and his testimony must be excluded
bAn accomplice is a competent witness, and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice, and the Court may presume he is unworthy of credit unless corroborated in material particulars
cCorroboration of an accomplice's testimony is wholly unnecessary in every case
dAn accomplice's evidence is conclusive proof of guilt
Answer: B
As enacted, Section 138 of the BSA declares an accomplice a competent witness and provides that 'a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice' (a departure from the 'uncorroborated' wording of repealed Section 133 IEA). Illustration (b) to Section 119 of the BSA likewise allows the Court to presume an accomplice unworthy of credit unless corroborated in material particulars.
Under Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the examination of a witness by the party who called him, subsequent to his cross-examination, is called :-
are-examination
bcross-examination
cexamination-in-chief
dfurther examination-in-chief
Answer: A
Section 142 of the BSA defines re-examination as the examination of a witness, subsequent to cross-examination, by the party who called him. Examination-in-chief is the first examination by the calling party, and cross-examination is by the adverse party.
Under Section 148 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when a witness is sought to be contradicted by his previous statement in writing, the correct procedure is that :-
athe previous writing can never be used to contradict a witness
bhe may be cross-examined as to previous statements made by him in writing without such writing being shown to him, but if it is intended to contradict him, his attention must be called to those parts of the writing to be used for contradiction before the writing is proved
cthe writing can be used only to corroborate, not to contradict
dthe writing must always be shown to the witness before any question is put
Answer: B
Section 148 of the BSA allows cross-examination as to previous statements in writing without first showing the writing to the witness; however, if the writing is to be used to contradict him, his attention must, before the writing is proved, be called to those parts of it which are to be used for contradiction.
The Bhimbetka rock shelters, noted for their prehistoric cave paintings and a UNESCO World Heritage Site, are located in which district of Madhya Pradesh?
aHoshangabad
bSehore
cRaisen
dVidisha
Answer: C
The Bhimbetka rock shelters, in the Raisen district of Madhya Pradesh, contain some of the earliest traces of human life in India.
Which Article of the Constitution of India empowers the Governor of a State to grant pardons, reprieves and remit, suspend or commute sentences?
aArticle 161
bArticle 72
cArticle 213
dArticle 163
Answer: A
Article 161 confers on the Governor the power to grant pardons and to suspend, remit or commute sentences, paralleling the President's power under Article 72.
Where a minor is supplied by another person with necessaries suited to his condition in life, the person who furnished such supplies under Section 68 of the Indian Contract Act, 1872 is entitled to be reimbursed -
afrom the property of such minor
bpersonally from the minor
cfrom the guardian personally in all cases
donly after the minor attains majority
Answer: A
Section 68 provides that a person who supplies necessaries to a person incapable of contracting (such as a minor) is entitled to be reimbursed from the property of such incapable person; the minor is not personally liable.
Under Section 23 of the Indian Contract Act, 1872, the consideration or object of an agreement is unlawful in which of the following cases?
aWhere it is forbidden by law
bAll of the above
cWhere it involves or implies injury to the person or property of another
dWhere the Court regards it as immoral or opposed to public policy
Answer: B
Section 23 declares the consideration or object of an agreement unlawful if it is forbidden by law, would defeat the provisions of any law, is fraudulent, involves injury to person or property, or is immoral or opposed to public policy.
Every agreement by which any person is restrained from exercising a lawful profession, trade or business of any kind is, under the Indian Contract Act, 1872 -
aillegal and punishable
bvalid if reasonable
cvoid to that extent
dvoidable at the option of the restrained party
Answer: C
Section 27 declares that every agreement by which any one is restrained from exercising a lawful profession, trade or business of any kind is to that extent void, subject only to the statutory exception relating to sale of goodwill.
The rule in Hadley v. Baxendale, relating to remoteness of damages, is embodied in which provision of the Indian Contract Act, 1872?
aSection 75
bSection 73
cSection 56
dSection 74
Answer: B
Section 73, dealing with compensation for loss or damage caused by breach of contract, incorporates the principle of Hadley v. Baxendale by limiting damages to losses naturally arising from the breach or those in the contemplation of the parties at the time of contract.
The leading Indian authority on the doctrine of frustration of contract under Section 56 of the Indian Contract Act, 1872 is -
aSatyabrata Ghose v. Mugneeram Bangur & Co.
bCarlill v. Carbolic Smoke Ball Co.
cMohori Bibee v. Dharmodas Ghose
dBalfour v. Balfour
Answer: A
In Satyabrata Ghose v. Mugneeram Bangur & Co. (AIR 1954 SC 44), the Supreme Court authoritatively explained the doctrine of frustration of contract under Section 56, holding that impossibility means impracticability rather than mere commercial hardship.
Which of the following is a new mode of punishment introduced for the first time under Section 4 of the Bharatiya Nyaya Sanhita, 2023?
aWhipping
bSolitary confinement
cForfeiture of property
dCommunity service
Answer: D
Section 4(f) BNS introduces community service as a new form of punishment, alongside death, imprisonment for life, imprisonment, forfeiture of property and fine.
The Bharatiya Nyaya Sanhita, 2023 has introduced 'snatching' as a distinct offence. It is defined and made punishable (imprisonment which may extend to three years and fine) under -
aSection 304
bSection 309
cSection 312
dSection 303
Answer: A
Section 304 BNS defines snatching as theft committed by suddenly, quickly or forcibly seizing or grabbing movable property, punishable with imprisonment up to three years and fine.
Under the Bharatiya Nyaya Sanhita, 2023, the minimum number of persons required to constitute the offence of dacoity (Section 310) is -
aTwo or more
bFive or more
cFour or more
dThree or more
Answer: B
Section 310 BNS requires five or more persons conjointly committing or attempting robbery (including those present and aiding) to constitute dacoity, the same threshold as the erstwhile Section 391 IPC.
Criminal conspiracy - an agreement between two or more persons to do, or cause to be done, an illegal act or a legal act by illegal means - is defined under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 120B
bSection 111
cSection 59
dSection 61
Answer: D
Section 61 BNS defines and punishes criminal conspiracy, replacing the old Sections 120A and 120B IPC.
Under the Bharatiya Nyaya Sanhita, 2023, a man who, by deceitful means or by making a false promise to marry without intending to fulfil it, has sexual intercourse with a woman (such intercourse not amounting to rape) is punishable under -
aSection 64
bSection 85
cSection 69
dSection 67
Answer: C
Section 69 BNS is a new provision punishing sexual intercourse by deceitful means or false promise of marriage with imprisonment up to ten years and fine; the Explanation includes false promise of employment, promotion or marrying by suppressing identity.
Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 introduces, for the first time, the procedure for trial in absentia of a proclaimed offender who has absconded to evade trial and against whom there is no immediate prospect of arrest?
aSection 299
bSection 355
cSection 356
dSection 84
Answer: C
Section 356 BNSS is a new provision permitting trial and pronouncement of judgment in absentia against a declared proclaimed offender, deeming his absconding a waiver of the right to be present.
Under the proviso to Section 223(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, before taking cognizance of an offence on a complaint, the Magistrate is required to:
arecord the statement of the complainant on oath only
bissue process to the accused without any hearing
cgive the accused an opportunity of being heard
drefer the complaint to the police for investigation
Answer: C
The proviso to Section 223(1) BNSS is a new safeguard requiring that the accused be given an opportunity of being heard before the Magistrate takes cognizance on a complaint.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a mercy petition by a convict under sentence of death to the President or the Governor must be filed within:
athirty days from the date the Superintendent of jail informs him of the dismissal of his appeal
bfifteen days from the date the Superintendent of jail informs him of the dismissal of his appeal
csixty days from the date of confirmation of sentence
dninety days from the date of confirmation of sentence
Answer: A
Section 472(1) BNSS, a new statutory mercy-petition provision, prescribes a thirty-day window from the date the jail Superintendent informs the convict of dismissal of his appeal/review/SLP.
Under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the process of search and seizure and preparation of the list of seized things is required to be:
arecorded only in writing by the investigating officer
bwitnessed by at least four independent persons
caudio-video electronically recorded, preferably by mobile phone
dattested by a Judicial Magistrate in person
Answer: C
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
bseven years or more
cten years or more
dthree years or more
Answer: B
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
bshall not be entitled to claim relief of specific performance against the party in breach, but may claim compensation
cis entitled to claim specific performance in addition to the cost of substituted performance
dmust first obtain leave of the court before recovering the cost
Answer: B
Under section 20, a party who obtains substituted performance cannot thereafter claim specific performance against the party in breach, but he remains entitled to recover the expenses and costs actually incurred and to claim compensation.
Special provisions making it impermissible for a court to grant an injunction in any suit where granting it would cause hindrance or delay in the progress or completion of an infrastructure project specified in the Schedule, are contained in which section of the Specific Relief Act, 1963 ?
aSection 20C
bSection 20A
cSection 20B
dSection 14A
Answer: B
Section 20A, inserted by the 2018 Amendment, bars the grant of an injunction in suits relating to infrastructure projects specified in the Schedule where it would impede or delay the project.
Under section 20B of the Specific Relief Act, 1963, a Special Court is required to endeavour to dispose of a suit relating to an infrastructure project, from the date of service of summons to the defendant, within a period of :-
asix months, extendable by three months
btwelve months, extendable by a further period not exceeding six months in aggregate
ctwenty-four months, extendable by six months
deighteen months, not extendable
Answer: B
Section 20B (read with section 20C) provides that Special Courts shall endeavour to dispose of such suits within twelve months from the date of service of summons, extendable by a further period not exceeding six months in the aggregate for reasons recorded.
The power of the court to engage one or more experts, to direct such experts to report on any specific issue and to secure their attendance, is conferred by which section of the Specific Relief Act, 1963 ?
aSection 14A
bSection 20A
cSection 21A
dSection 14
Answer: A
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:
ais void in every case as the beneficiary is not in existence
bmust always be a limited life interest
cmust comprise the whole of the remaining interest of the transferor (an absolute interest)
dmay be created directly in favour of the unborn person
Answer: C
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:
aA may rescind the sale on acquiring title
bthe sale remains void and B acquires nothing
cB can only claim damages and not the property
dB may, at his option, require the after-acquired interest to be transferred to him, the contract of transfer still subsisting
Answer: D
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 amount of rent payable by the tenant
bthe relationship of landlord and tenant
cthe date of commencement of the tenancy
dthe arrears of rent only
Answer: A
Section 13(2) requires the court, on a plea taken at the earliest opportunity, to fix a reasonable provisional rent where there is a dispute as to the amount of rent payable by the tenant.
If a tenant fails to deposit or pay any amount as required by Section 13 of the M.P. Accommodation Control Act, 1961, the court :
ashall initiate contempt proceedings against the tenant
bshall award costs and adjourn the matter sine die
cmay order the defence against eviction to be struck out and proceed with the hearing of the suit
dshall straightway pass a decree of eviction against the tenant
Answer: C
Under Section 13(6), on the tenant's failure to deposit or pay the required amount the court may order the defence against eviction to be struck out and shall proceed with the hearing of the suit, appeal or proceeding.
Under the proviso to Section 12(3) of the M.P. Accommodation Control Act, 1961, a tenant who has once obtained the benefit of protection against eviction for non-payment of rent loses that benefit if he again defaults in payment of rent for :
atwo consecutive months
bfour consecutive months
csix consecutive months
dthree consecutive months
Answer: D
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 State Government
bthe Gram Panchayat
cthe Board of Revenue
dthe bhumiswami in possession
Answer: A
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 178
bSection 165
cSection 59
dSection 172
Answer: D
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 -
aonly through his guardian during minority, failing which the right is lost
bwithin thirty years in every case
cat any time without any limitation whatsoever
dwithin the same period after the disability has ceased, as would otherwise have been allowed from the time prescribed
Answer: D
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 thirty days
bWithin fifteen days
cWithin one month from the date of cause of action
dWithin forty-five days
Answer: A
Proviso (b) to Section 138 (as amended in 2002) requires the payee or holder to make a demand for payment by giving a notice in writing within thirty days of receipt of information from the bank regarding the dishonour.
Under Section 24 of the Code of Civil Procedure, 1908, the general power to transfer and withdraw a suit, appeal or other proceeding may be exercised by :-
aany Court of Small Causes
bthe State Government
cthe Supreme Court only
dthe High Court or the District Court only
Answer: D
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 :-
aAfcons Infrastructure Ltd. v. Cherian Varkey Construction Co. (P) Ltd.
bBooz Allen & Hamilton Inc. v. SBI Home Finance Ltd.
cSalem Advocate Bar Association v. Union of India (I)
dK.K. Modi v. K.N. Modi
Answer: A
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 question of valuation of property
ba substantial question of law
can error of fact apparent on record
da mixed question of fact and law
Answer: B
After the 1976 amendment, Section 100 permits a second appeal only where the High Court is satisfied that the case involves a substantial question of law, which must be formulated under sub-section (4).
The power of the High Court to call for the record of a subordinate Court in which no appeal lies, where the subordinate Court appears to have exercised a jurisdiction not vested in it, is provided under :-
aSection 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 144
cSection 152
dSection 151
Answer: B
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 opposite party consents to the amendment
bthe suit has not been listed for final arguments
cthe court is satisfied that in spite of due diligence the party could not have raised the matter before the commencement of trial
dthe amendment relates only to a clerical error
Answer: C
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:
aSix months in the first instance, extendable up to a maximum of three years
bIndefinitely, at the pleasure of the President
cTwo months only, not extendable
dOne year, with no possibility of extension
Answer: A
A Proclamation under Article 356 approved by both Houses remains in force for six months and may be extended in periods not exceeding six months each, up to a maximum of three years (subject to the conditions in Article 356(5)).
The Comptroller and Auditor-General of India, whose duties and powers relate to the accounts of the Union and the States, holds office and is governed primarily by which Article of the Constitution?
aArticle 315
bArticle 148
cArticle 324
dArticle 76
Answer: B
Article 148 provides for the office of the Comptroller and Auditor-General of India, his appointment by the President and conditions of service. Article 76 deals with the Attorney-General and Article 324 with the Election Commission.
A Judge of a High Court may be removed from office by the President only on the ground of proved misbehaviour or incapacity, after an address by each House of Parliament supported by:
aA majority of the total membership of that House and a majority of not less than two-thirds of the members present and voting
bA simple majority of the members present and voting
cAn absolute majority of both Houses sitting jointly
dThree-fourths of the total membership of that House
Answer: A
Under Article 217 read with Article 124(4), a High Court Judge is removed by the same process as a Supreme Court Judge: an address by each House supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members present and voting.
Dr. B.R. Ambedkar described which Article of the Constitution as the "heart and soul" of the Constitution, being the one without which the Constitution would be a nullity?
aArticle 32
bArticle 14
cArticle 21
dArticle 226
Answer: A
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:
aNot less than two-thirds of the total membership of that House
bSimple majority of members present and voting
cThree-fourths of the total membership of that House
dTwo-thirds of the members of that House present and voting only
Answer: A
Under Article 61(2), the charge must be preferred by a resolution passed by a majority of not less than two-thirds of the total membership of the House, both in the initiating House and after investigation in the other House.
The legislative subjects on which both Parliament and State Legislatures can make laws are enumerated in which List of the Seventh Schedule?
aResiduary List
bList I (Union List)
cList III (Concurrent List)
dList II (State List)
Answer: C
Under Article 246 read with the Seventh Schedule, List III (the Concurrent List) contains subjects on which both Parliament and State Legislatures are competent to legislate, with Union law prevailing in case of repugnancy under Article 254.
The general rule of burden of proof under Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is that :-
athe Court itself bears the burden of collecting proof
bthe burden always lies on the defendant or accused
cwhoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist
dthe burden lies on the party who denies the affirmative of the issue
Answer: C
Section 104 of the BSA (corresponding to old Section 101 IEA) lays down the foundational rule: he who asserts must prove. The party desiring the Court to give judgment on a right or liability dependent on certain facts must prove those facts; the burden of proof lies on that person.
In Anvar P.V. v. P.K. Basheer (2014) 10 SCC 473, the Supreme Court held that, in respect of secondary electronic evidence governed (after the new law) by Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) :-
aelectronic records are wholly inadmissible in evidence
bno certificate is required and oral evidence of contents is sufficient
cthe certificate may be produced at any stage even after the judgment
da certificate under Section 63(4) (formerly Section 65B(4)) is a condition precedent to the admissibility of such electronic record
Answer: D
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
bgives evidence on oath which is later found to be untrue
cfails to file a suit within the period of limitation
dhas, 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
Answer: D
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:
athe proviso to Section 23(2)
bSection 23(1)
cSection 22
dSection 23(2)
Answer: A
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 24
bSection 23(2)
cSection 23(1)
dSection 22
Answer: C
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:
ahas reference to the charge against the accused and proceeds from a person in authority
bis made after the accused has been formally charged in court
cis recorded by a Magistrate in writing
dproceeds from any private person and has no reference to the charge
Answer: A
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?
aMaikal Range
bWestern Ghats
cKaimur Range
dAravalli Range
Answer: A
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
cParamara dynasty
dChandela dynasty
Answer: D
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 indemnity
dcontract of guarantee
Answer: C
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 -
aindemnifier
bcreditor
cprincipal debtor
dsurety
Answer: C
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 -
arestore any benefit received under the contract from the other party, so far as may be
bperform the contract as originally agreed
cforfeit any benefit received in favour of the State
dpay damages to the other party
Answer: A
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 forfeit the advantage to the Government
cto restore it, or to make compensation for it, to the person from whom he received it
dto retain the advantage as the agreement is a nullity
Answer: C
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?
aOne kind - kidnapping from lawful guardianship only
bFour kinds
cTwo kinds - kidnapping from India and kidnapping from lawful guardianship
dThree kinds
Answer: C
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 108
bSection 107
cSection 106
dSection 305
Answer: B
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 303
bSection 318
cSection 316
dSection 314
Answer: D
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
bone lakh rupees
ctwenty-five thousand rupees
dfifty thousand rupees
Answer: D
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 254
dSection 530
Answer: D
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 19
bSection 24
cSection 18
dSection 20
Answer: D
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 529
cSection 531
dSection 533
Answer: C
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 :-
aeither in addition to, or in substitution of, specific performance
bonly in addition to specific performance
cin no circumstances, after the 2018 Amendment
donly in lieu of specific performance
Answer: A
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 :-
ahas not impleaded the Government
bis not in possession of the property
cseeks the declaration after expiry of three years
dbeing able to seek further relief than a mere declaration of title, omits to do so
Answer: D
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 :-
arescission of the contract under section 27
bcancellation of the instrument under section 31
crectification of the instrument under section 26
da declaration under section 34 only
Answer: B
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 a person from instituting any proceeding in a court not subordinate to that from which the injunction is sought
bto prevent a continuing breach in which the plaintiff has acquiesced
cto prevent the breach of a contract which can be specifically enforced
dto restrain any person from prosecuting a judicial proceeding pending at the institution of the suit, unless necessary to prevent a multiplicity of proceedings
Answer: D
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:
amay be transferred only with the prior leave of the court, and such transfer does not affect the rights of other parties under the decree
bvests in the court till disposal of the suit
cis automatically attached by the court
dcannot be transferred by any party under any circumstances
Answer: A
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?
aThere is a contract to transfer immovable property in writing signed by the transferor
bThe transferee has taken or continued in possession in part performance of the contract
cThe contract has been duly registered before the transferee took possession
dThe transferee has performed or is willing to perform his part of the contract
Answer: C
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
bby an oral agreement followed by payment of price
ceither by a registered instrument or by delivery of the property
donly by a registered instrument
Answer: C
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:
ausufructuary mortgage
bsimple mortgage
cEnglish mortgage
dmortgage by conditional sale
Answer: B
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 (e)
dclause (f)
Answer: D
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-B
bSection 250
cSection 248
dSection 253
Answer: B
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 :-
aSub-Divisional Officer
bCollector
cTahsildar
dBoard of Revenue
Answer: C
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 -
athe day from which the period is to be reckoned, and the time requisite for obtaining a copy of the decree and judgment appealed from
bonly the day of pronouncement of the judgment
cthe time taken by the appellant's counsel to advise on the merits
dthe entire period during which the appellant was ill
Answer: A
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
bOne month of the date on which the cause of action arises
cThree months of the dishonour
dSix months of the dishonour
Answer: B
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 :-
aOrder XXI Rule 97 read with Rule 101
bOrder XXI Rule 58
cOrder XXI Rule 90
dSection 47 only
Answer: A
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 process fee for summoning witnesses
cthe costs of the opposite party
dthe fee prescribed by law for the plaint in such suit
Answer: D
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
beither expressly or impliedly barred
cbarred by a contract between the parties
dimpliedly barred only
Answer: B
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 :-
aJudicial settlement
bMediation
cLok Adalat
dArbitration
Answer: D
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 9
cOrder IX Rule 7
dOrder IX Rule 13
Answer: D
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.
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