Odisha Judiciary Mock Test 1 — Questions & Solutions
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Under Section 9 of the Code of Civil Procedure, 1908, the courts shall have jurisdiction to try all suits of a civil nature:
aExcepting suits of which their cognizance is either expressly or impliedly barred
bOnly when the cognizance is expressly conferred by a statute
cOnly suits relating to immovable property situated within their local limits
dExcepting suits in which the right to property or to an office is contested
Answer: A
Section 9 confers wide jurisdiction on civil courts to try all suits of a civil nature except those whose cognizance is expressly or impliedly barred. The Explanation clarifies that a suit in which the right to property or office is contested is of a civil nature.
The doctrine of res judicata is embodied in which section of the Code of Civil Procedure, 1908?
aSection 10
bSection 13
cSection 11
dSection 12
Answer: C
Section 11 CPC bars a court from trying any suit or issue which has been directly and substantially in issue in a former suit between the same parties and finally decided by a competent court. Section 10 deals with stay of suit (res sub judice).
Where notice is required before instituting a suit against the Government under Section 80 of the Code of Civil Procedure, 1908, the suit can be instituted only after the expiration of:
aTwo months from the service of notice
bOne month from the service of notice
cSix months from the service of notice
dThree months from the service of notice
Answer: A
Section 80 CPC requires that no suit be instituted against the Government or a public officer in respect of an act done in official capacity until the expiration of two months after a written notice has been delivered.
A first appeal from an original decree passed by a court exercising original jurisdiction lies under:
aSection 115 of the CPC
bSection 100 of the CPC
cSection 96 of the CPC
dSection 104 of the CPC
Answer: C
Section 96 CPC provides for a first appeal from every decree passed by a court exercising original jurisdiction. Section 100 deals with second appeals to the High Court on a substantial question of law.
Restitution, i.e. placing the parties in the position they would have occupied but for a decree which has since been varied or reversed, is provided under:
aSection 148 of the CPC
bSection 144 of the CPC
cSection 141 of the CPC
dSection 151 of the CPC
Answer: B
Section 144 CPC empowers the court which passed a decree to grant restitution on its variation or reversal, so as to place the parties in the position they would have occupied but for such decree.
Clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the court under:
aSection 152 of the CPC
bSection 114 of the CPC
cSection 153 of the CPC
dSection 151 of the CPC
Answer: A
Section 152 CPC permits correction at any time of clerical or arithmetical mistakes or accidental slips and omissions in judgments, decrees and orders, either suo motu or on application.
The power of the court to enlarge time for doing any act prescribed or allowed by the Code is contained in:
aSection 149 of the CPC
bSection 151 of the CPC
cSection 153 of the CPC
dSection 148 of the CPC
Answer: D
Section 148 CPC empowers the court, in its discretion, to enlarge the period fixed for doing an act prescribed or allowed by the Code, even though the period originally fixed may have expired.
Amendment of pleadings, allowing either party to alter or amend his pleadings at any stage of the proceedings on just terms, is governed by:
aOrder VI, Rule 17 of the CPC
bOrder VII, Rule 11 of the CPC
cOrder VIII, Rule 9 of the CPC
dOrder I, Rule 10 of the CPC
Answer: A
Order VI Rule 17 CPC permits the court to allow amendment of pleadings at any stage where necessary for determining the real questions in controversy, subject to the proviso restricting post-trial amendments.
The procedure for discovery by interrogatories, and for discovery and inspection of documents, is contained in:
aOrder XI of the CPC
bOrder X of the CPC
cOrder XIII of the CPC
dOrder XII of the CPC
Answer: A
Order XI CPC deals with discovery by interrogatories and with discovery and inspection of documents. Order X relates to examination of parties by the court.
Reference to alternative dispute resolution processes, where it appears to the court that there exist elements of a settlement, is provided under:
aSection 96 of the CPC
bSection 80 of the CPC
cSection 89 of the CPC
dSection 100 of the CPC
Answer: C
Section 89 CPC empowers the court to formulate terms of settlement and refer the dispute to arbitration, conciliation, judicial settlement including Lok Adalat, or mediation, i.e. for settlement outside the court.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the power of a Magistrate to direct a person having sufficient means to pay a monthly allowance for the maintenance of his wife, children and parents is contained in:
aSection 144
bSection 125
cSection 138
dSection 145
Answer: A
Section 144 BNSS re-enacts the maintenance provision that stood as Section 125 CrPC, empowering a Magistrate to order monthly maintenance for a wife, children and parents unable to maintain themselves.
Under the BNSS, 2023, where in a trial before a Court the accused is not represented by an advocate and the Court is satisfied that he has insufficient means to engage one, the Court shall assign an advocate at the expense of the State under:
aSection 304
bSection 340
cSection 341
dSection 351
Answer: C
Section 341 BNSS provides for legal aid to the accused at State expense, corresponding to the former Section 304 CrPC.
The power of the Court to examine the accused, for the purpose of enabling him personally to explain any circumstances appearing in the evidence against him, is now provided under which section of the BNSS, 2023?
aSection 348
bSection 313
cSection 313A
dSection 351
Answer: D
Section 351 BNSS is the successor to Section 313 CrPC; examination of the accused under it is conducted without administering oath.
Under the BNSS, 2023, the proceedings in which a Court of Session passes a sentence of death must forthwith be submitted for confirmation to the High Court under:
aSection 456
bSection 413
cSection 366
dSection 407
Answer: D
Section 407 BNSS (replica of Section 366 CrPC) requires a death sentence passed by the Court of Session to be submitted to the High Court, and the sentence cannot be executed until confirmed.
Under the BNSS, 2023, if a woman sentenced to death is found to be pregnant, the High Court:
aShall commute the sentence to imprisonment for life
bMay commute the sentence only with the sanction of the President
cShall postpone the execution till delivery of the child
dMay, if it thinks fit, postpone the execution of the sentence
Answer: A
Section 456 BNSS departs from the earlier Section 416 CrPC (which only allowed postponement); it now mandates that the High Court shall commute the death sentence of a pregnant woman to imprisonment for life.
Under Section 2 of the BNSS, 2023, a "warrant-case" means a case relating to an offence punishable with:
aDeath or imprisonment for life only
bFine only or imprisonment for less than one year
cImprisonment for a term not exceeding two years
dDeath, imprisonment for life, or imprisonment for a term exceeding two years
Answer: D
Section 2 BNSS retains the CrPC definition: a warrant-case relates to an offence punishable with death, imprisonment for life, or imprisonment exceeding two years; every other case is a summons-case.
Under the BNSS, 2023, in a summary trial, no sentence of imprisonment exceeding ____ can be passed on conviction:
aSix months
bThree months
cOne year
dOne month
Answer: B
Section 283 BNSS empowers summary trial of certain offences but caps the sentence at imprisonment not exceeding three months, mirroring the former Section 262 CrPC.
Under the BNSS, 2023, with a view to obtaining evidence, a tender of pardon to a person supposed to have been concerned in an offence (the accomplice/approver) may be made under:
aSection 306
bSection 337
cSection 343
dSection 344
Answer: C
Section 343 BNSS, corresponding to Section 306 CrPC, allows the Chief Judicial Magistrate or a Magistrate of the first class to tender pardon to an accomplice on condition of full and true disclosure.
Under Section 187 of the BNSS, 2023, where the investigation relates to an offence punishable with imprisonment for ten years or more, the maximum period for which the Magistrate may authorise the detention of the accused otherwise than in police custody is:
a60 days
b90 days
c75 days
d180 days
Answer: B
Section 187 BNSS (corresponding to Section 167 CrPC) permits judicial detention up to 90 days for offences punishable with death, life imprisonment or imprisonment of ten years or more, failing which the accused is entitled to default bail.
Statutory recognition to the concept of "Zero FIR" — registration of an FIR irrespective of the place where the offence was committed — has been given in the BNSS, 2023 under:
aSection 176
bSection 173
cSection 175
dSection 154
Answer: B
Section 173 BNSS, dealing with information in cognizable cases, expressly enables registration of an FIR at any police station regardless of jurisdiction, codifying the Zero FIR.
Where the prescribed period for any suit, appeal or application expires on a day when the court is closed, the proceeding may be instituted, preferred or made:
aOn any day chosen at the convenience of the party
bWithin thirty days of the reopening of the court
cBefore the court closes on the last working day
dOn the day the court reopens
Answer: D
Section 4 provides that when the period expires on a day the court is closed, the proceeding may be instituted on the day the court reopens.
A person entitled to institute a suit who is, at the time the right accrues, a minor, insane or an idiot, may institute the suit within the same period after the disability has ceased. This benefit is conferred by:
aSection 14
bSection 5
cSection 9
dSection 6
Answer: D
Section 6 deals with legal disability and allows a person under disability (minority, insanity or idiocy) to sue within the prescribed period after the disability ceases.
In computing the period of limitation for an appeal, the time requisite for obtaining a copy of the decree or order appealed from is excluded under:
aSection 15
bSection 13
cSection 12
dSection 14
Answer: C
Section 12 excludes, inter alia, the time requisite for obtaining a copy of the decree, sentence or order appealed from when computing the limitation period for an appeal.
The time during which a plaintiff has been prosecuting with due diligence another civil proceeding in a court unable to entertain it for defect of jurisdiction is excluded under:
aSection 14
bSection 17
cSection 12
dSection 5
Answer: A
Section 14 excludes the time spent bona fide and with due diligence in another proceeding in a court which is unable to entertain it for defect of jurisdiction or other cause of a like nature.
Where a suit is based on the fraud of the defendant, the period of limitation under Section 17 of the Limitation Act, 1963 begins to run when:
aThe plaintiff has discovered the fraud or could, with reasonable diligence, have discovered it
bThe defendant admits the fraud in writing
cThe court records a finding of fraud against the defendant
dThe cause of action first arises, irrespective of discovery
Answer: A
Under Section 17, in cases of fraud or mistake, limitation does not begin until the plaintiff has discovered the fraud or mistake, or could with reasonable diligence have discovered it.
For an acknowledgment to give rise to a fresh period of limitation under Section 18 of the Limitation Act, 1963, the acknowledgment must be:
aIn writing and made at any time, even after the period has expired
bOral, before two witnesses, and made after the period has expired
cIn writing, signed by the party against whom the right is claimed, and made before the expiry of the prescribed period
dAccompanied by an express promise to pay the debt
Answer: C
Section 18 requires a written acknowledgment of liability, signed by the party (or his agent), made before the prescribed period expires; a fresh period then runs from the date of signing.
Part-payment of a debt extends the period of limitation under Section 19 of the Limitation Act, 1963 only where:
aThe fact of payment appears in the handwriting of, or in a writing signed by, the person making it
bThe payment exceeds half of the outstanding debt
cThe payment is acknowledged orally by the creditor
dThe payment is made after the prescribed period has expired
Answer: A
Under Section 19, a payment on account of a debt before expiry of the period gives a fresh limitation period only if the fact of payment appears in the handwriting of, or a writing signed by, the payer.
Where a new plaintiff or defendant is substituted or added after the institution of a suit, the suit is, as regards him, deemed to have been instituted under Section 21 of the Limitation Act, 1963:
aOn the date of the original institution in every case
bWhen he was so made a party, except where the court directs otherwise on an omission due to a mistake made in good faith
cOn the date the cause of action first arose
dOn the date the written statement is filed
Answer: B
Section 21 deems the suit instituted against an added/substituted party when he was made a party; the court may relate it back to the original date where the omission was due to a bona fide mistake.
Q31Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 8 of the Hindu Succession Act, 1956, the property of a male Hindu dying intestate devolves, in the absence of any Class I and Class II heir, in the following order:
aFirstly upon the cognates, and lastly upon the agnates of the deceased
bFirstly upon the agnates, and lastly upon the cognates of the deceased
cEqually between the agnates and cognates of the deceased
dUpon the Government by way of escheat
Answer: B
Section 8 lays down the order: Class I heirs, then Class II heirs, then agnates, and lastly cognates. Thus when no Class I or II heir exists, agnates are preferred to cognates.
Q32Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 3(1) of the Hindu Succession Act, 1956, a person is said to be an 'agnate' of another when the two are related by blood or adoption:
aThrough a common ancestress but by different husbands
bWholly through females
cNot wholly through males
dWholly through males
Answer: D
Section 3(1)(a) defines an agnate as one related by blood or adoption wholly through males; a cognate, under Section 3(1)(c), is related by blood or adoption but not wholly through males.
Q33Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 14(1) of the Hindu Succession Act, 1956, any property possessed by a female Hindu, whether acquired before or after the commencement of the Act, shall be held by her:
aAs full owner thereof and not as a limited owner
bAs a trustee for her husband's heirs
cAs a limited owner for her lifetime only
dJointly with the heirs of her husband
Answer: A
Section 14(1) converts the limited estate of a Hindu female into absolute ownership, declaring that property possessed by her is held as full owner and not as a limited owner.
Q34Law of Succession (Hindu Succession Act + Indian Succession Act)
The absolute ownership conferred on a female Hindu by Section 14(1) of the Hindu Succession Act, 1956 does NOT apply, by virtue of Section 14(2), where the property is acquired:
aBy inheritance from her father
bUnder a gift, will, decree or award whose terms prescribe a restricted estate
cIn lieu of arrears of maintenance
dBy her own skill or exertion
Answer: B
Section 14(2) carves out an exception: where property is acquired under a gift, will, instrument, decree, order or award the terms of which prescribe a restricted estate, sub-section (1) does not enlarge it into absolute ownership.
Q35Law of Succession (Hindu Succession Act + Indian Succession Act)
A female Hindu dies intestate possessed of property inherited from her father, leaving no son or daughter (nor children of any predeceased son or daughter). Under Section 15(2)(a) of the Hindu Succession Act, 1956, such property devolves upon:
aThe heirs of the father
bThe heirs of the husband
cHer mother and father equally
dThe heirs of the mother
Answer: A
Section 15(2)(a) provides that property inherited by a female Hindu from her father or mother, in the absence of her own son or daughter, devolves not under the ordinary order in 15(1) but upon the heirs of the father.
Q36Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 15(1) of the Hindu Succession Act, 1956, the property of a female Hindu dying intestate devolves first upon:
aThe heirs of the husband
bThe mother and father
cThe sons and daughters (including children of any predeceased son or daughter) and the husband
dThe husband alone
Answer: C
Under Section 15(1)(a), the first category of heirs to a female Hindu's property is her sons and daughters (including children of any predeceased son or daughter) and her husband, who take simultaneously.
Q37Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 18 of the Hindu Succession Act, 1956, where the nature of the relationship is the same in every other respect, heirs related to an intestate by full blood are:
aPostponed to heirs related by half blood
bPreferred to heirs related by half blood
cTo take simultaneously with heirs related by half blood
dExcluded altogether in favour of uterine blood
Answer: B
Section 18 provides that heirs related to an intestate by full blood are preferred to heirs related by half blood, if the nature of the relationship is the same in every other respect.
Q38Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 19 of the Hindu Succession Act, 1956, where two or more heirs succeed together to the property of an intestate, they take the property:
aPer capita and as joint tenants
bPer capita and as tenants-in-common
cPer stirpes and as joint tenants
dPer stirpes and as tenants-in-common
Answer: B
Section 19 directs that, save as otherwise expressly provided, heirs succeeding together take per capita and not per stirpes, and as tenants-in-common and not as joint tenants.
Q39Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 21 of the Hindu Succession Act, 1956, where two persons die in circumstances rendering it uncertain which of them survived the other, then for purposes of succession it shall be presumed, until the contrary is proved, that:
aThe elder survived the younger
bThe male survived the female
cBoth died simultaneously and neither inherits from the other
dThe younger survived the elder
Answer: D
Section 21 raises a rebuttable presumption, in cases of simultaneous deaths, that the younger survived the elder for all purposes affecting succession to property.
Q40Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Hindu Succession Act, 1956, a person who commits murder or abets the commission of murder is disqualified from inheriting the property of the person murdered. This disqualification is contained in:
aSection 26
bSection 25
cSection 28
dSection 24
Answer: B
Section 25 disqualifies a person who commits or abets the commission of murder from inheriting the property of the person murdered, or any other property in furtherance of that succession.
Under Section 3 of the Transfer of Property Act, 1882, the expression 'attached to the earth' includes:
aThings rooted in the earth, as in the case of trees and shrubs
bThings imbedded in the earth, as in the case of walls or buildings
cThings attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached
dAll of the above
Answer: D
Section 3 defines 'attached to the earth' as comprising all three categories — things rooted, things imbedded, and things attached to what is imbedded for permanent beneficial enjoyment.
The doctrine of 'feeding the grant by estoppel', whereby a transfer by a person who erroneously represents that he is authorised to transfer property operates on the interest he subsequently acquires, is contained in:
aSection 43 of the Transfer of Property Act
bSection 44 of the Transfer of Property Act
cSection 53A of the Transfer of Property Act
dSection 41 of the Transfer of Property Act
Answer: A
Section 43 embodies the rule of feeding the grant by estoppel; at the option of the transferee the transfer operates on any interest the transferor afterwards acquires while the contract subsists.
The leading case of Mahomed Musa vs. Aghore Kumar Ganguli is associated with which doctrine under the Transfer of Property Act?
aDoctrine of lis pendens
bDoctrine of part performance
cDoctrine of marshalling
dDoctrine of subrogation
Answer: B
Mahomed Musa vs. Aghore Kumar Ganguli is the leading authority on the doctrine of part performance, which is now statutorily embodied in Section 53A of the Act.
A transferee in good faith for consideration takes property from an ostensible owner who, with the express consent of the real owner, is holding himself out as owner. Under Section 41 of the Transfer of Property Act, the transfer is:
aVoid as against the real owner in all circumstances
bValid only if the real owner subsequently ratifies it
cNot voidable merely on the ground that the transferor was not authorised, provided the transferee took reasonable care and acted in good faith
dVoidable at the option of the real owner irrespective of the transferee's good faith
Answer: C
Section 41 protects a bona fide transferee from an ostensible owner where the transferee, after taking reasonable care to ascertain the transferor's power, acts in good faith; the transfer is then not voidable on the ground of want of authority.
Which one of the following is NOT among the six kinds of mortgage enumerated under Section 58 of the Transfer of Property Act, 1882?
aMortgage by conditional sale
bMortgage by deposit of title-deeds
cEquitable mortgage by registered deed of charge
dUsufructuary mortgage
Answer: C
Section 58 enumerates six kinds — simple, conditional sale, usufructuary, English, deposit of title-deeds, and anomalous. There is no category styled 'equitable mortgage by registered deed of charge'.
Where the mortgagor binds himself to repay the mortgage-money and the property is transferred absolutely to the mortgagee, subject to a proviso that he will re-transfer it on payment of the mortgage-money as agreed, the mortgage is:
aEnglish mortgage
bSimple mortgage
cMortgage by conditional sale
dUsufructuary mortgage
Answer: A
Section 58(e) defines an English mortgage as one where the mortgagor binds himself to repay, transfers the property absolutely, and the mortgagee covenants to re-transfer on payment.
Section 52 of the Transfer of Property Act embodies the maxim 'pendente lite nihil innovetur'. The effect of the doctrine of lis pendens is that:
aAny transfer of the suit property during the pendency of the suit is void ab initio
bThe transfer is valid only if the court grants prior leave to transfer
cA transfer made during the pendency of the suit does not affect the rights of any party under the decree that may be passed
dThe property cannot be transferred at all while the suit is pending
Answer: C
Under Section 52 a transfer pendente lite is not void; it remains subject to the result of the litigation and cannot prejudice the rights of any party under the eventual decree.
Under Section 54 of the Transfer of Property Act, a sale of tangible immovable property of the value of one hundred rupees and upwards can be made only by:
aEither delivery of possession or a registered instrument at the option of the seller
bDelivery of possession
cA registered instrument
dAn oral agreement followed by part payment
Answer: C
Section 54 requires that a sale of tangible immovable property of Rs. 100 or more be made only by a registered instrument; delivery of possession alone suffices only where the value is below Rs. 100.
A gift of immovable property under the Transfer of Property Act, 1882 (Section 123) must be effected by:
aAn unregistered writing signed by the donor
bAn oral declaration accepted by the donee
cMere delivery of possession to the donee
dA registered instrument signed by or on behalf of the donor and attested by at least two witnesses
Answer: D
Section 123 requires that a gift of immovable property be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses.
'A' transfers property to 'B' for life, and after B's death to 'C'. The interest of 'C' in the property is:
aA spes successionis
bA vested interest
cA contingent interest
dNo interest at all until B dies
Answer: B
Where an interest is to take effect on the determination of a prior life interest, it is a vested interest under Section 19 — possession is postponed but the interest itself vests immediately.
Section 34 of the Indian Penal Code, which fastens liability where a criminal act is done by several persons in furtherance of common intention, is best described as:
aA provision dealing only with the quantum of punishment
bA substantive offence creating a distinct crime of 'common intention'
cA general exception relieving an accused of liability
dA rule of evidence creating joint or constructive liability
Answer: D
Section 34 does not create a separate offence; it is a rule of evidence laying down the principle of joint liability where an act is done by several persons in furtherance of their common intention. The substantive offence is the one actually committed (e.g., Section 302).
Under Section 84 of the Indian Penal Code, the defence of unsoundness of mind is available only when the accused, at the time of the act, was incapable of knowing:
aThe social stigma attached to the commission of the act
bOnly the physical consequences of the act on the victim
cMerely that the act was morally wrong, even if he knew it was illegal
dThe nature of the act, or that it was wrong or contrary to law
Answer: D
Section 84 recognises legal (not merely medical) insanity: nothing is an offence done by a person who, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.
Exception 4 to Section 300 IPC reduces murder to culpable homicide not amounting to murder where the act is committed:
aBy consent of the deceased who is above eighteen years of age
bUnder grave and sudden provocation given by a third person
cWithout premeditation in a sudden fight in the heat of passion upon a sudden quarrel, without the offender taking undue advantage or acting cruelly
dBy a public servant acting in good faith in excess of his duty
Answer: C
Exception 4 to Section 300 applies where culpable homicide is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel, provided the offender did not take undue advantage or act in a cruel or unusual manner.
For an offence under Section 304B IPC (dowry death), the death of the woman must occur otherwise than under normal circumstances within how many years of her marriage?
aFive years
bThree years
cSeven years
dTen years
Answer: C
Section 304B requires that the death of a woman caused by burns or bodily injury, or occurring otherwise than under normal circumstances, takes place within seven years of marriage, with cruelty for dowry shown soon before death.
In which case did the Supreme Court enunciate the 'rarest of rare' doctrine governing the award of the death sentence under the Indian Penal Code?
aBachan Singh vs. State of Punjab
bMachhi Singh vs. State of Punjab
cJagmohan Singh vs. State of Uttar Pradesh
dMithu vs. State of Punjab
Answer: A
In Bachan Singh vs. State of Punjab (1980), the Supreme Court upheld the constitutionality of the death penalty and held that it may be imposed only in the 'rarest of rare' cases. Machhi Singh later laid down guiding categories.
Under Section 511 of the Indian Penal Code, where no express provision is made, a person attempting to commit an offence punishable with imprisonment may be punished with imprisonment extending to:
aThe full term provided for the offence attempted
bOne-half of the longest term provided for the offence
cOne-fourth of the longest term provided for the offence
dTwice the term provided for the offence attempted
Answer: B
Section 511 provides that an attempt, where not separately punishable, attracts imprisonment up to one-half of the imprisonment for life or one-half of the longest term provided for that offence, or fine, or both.
Under Section 23 of the Indian Penal Code, 'wrongful loss' means:
aThe gain by lawful means of property to which a person becomes entitled
bAny loss of property caused by an accident or act of God
cA loss arising purely out of a breach of contract
dThe loss by unlawful means of property to which the person losing it is legally entitled
Answer: D
Section 23 defines 'wrongful loss' as the loss by unlawful means of property to which the person losing it is legally entitled, and 'wrongful gain' as gain by unlawful means of property to which the person gaining is not legally entitled.
In K. M. Nanavati vs. State of Maharashtra, the Supreme Court rejected the accused's plea under Exception 1 to Section 300 IPC. That exception relates to:
aConsent of the person killed
bAct done in a sudden fight
cGrave and sudden provocation
dExercise of the right of private defence in good faith
Answer: C
Exception 1 to Section 300 deals with grave and sudden provocation. In Nanavati, the Court held the provocation was neither grave nor sudden as the act was premeditated, and convicted him of murder under Section 302.
Which one of the following is NOT a Fundamental Right available exclusively to citizens?
aEquality of opportunity in matters of public employment
bCultural and educational rights of minorities under Article 29
cRight to equality before the law and equal protection of laws
dRight against discrimination on grounds of religion, race, caste, sex or place of birth
Answer: C
Equality before law and equal protection of laws under Article 14 is available to 'any person', not citizens alone, whereas Articles 15, 16 and 29 are confined to citizens.
Under Article 20(1) of the Constitution, the protection against ex post facto law:
aBars conviction under a retrospective penal law and infliction of a penalty greater than that prescribed when the act was committed
bBars conviction under a retrospective penal law and also bars any reduction in punishment
cPermits enhancement of penalty if it is in the public interest
dApplies only to civil liabilities and not to criminal offences
Answer: A
Article 20(1) prohibits conviction except for violation of a law in force when the act was done, and prohibits a penalty greater than that prescribed at that time; it does not bar a reduction in punishment.
The Uniform Civil Code finds place in the Constitution of India under:
aArticle 51A
bArticle 39A
cArticle 41
dArticle 44
Answer: D
Article 44, a Directive Principle of State Policy, provides that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
Which one of the following is the correct distinction between the writ jurisdiction of the Supreme Court and that of a High Court?
aBoth can issue writs only for enforcement of Fundamental Rights
bThe Supreme Court can issue writs for any purpose, but a High Court only for Fundamental Rights
cOnly the Supreme Court can issue the writ of quo warranto
dA High Court can issue writs both for Fundamental Rights and for any other purpose, whereas the Supreme Court can do so only for enforcement of Fundamental Rights
Answer: D
Under Article 226 a High Court may issue writs for enforcement of Fundamental Rights 'and for any other purpose', making its jurisdiction wider than that of the Supreme Court under Article 32, which is confined to Fundamental Rights.
Under Article 61 of the Constitution, a charge for impeachment of the President:
aCan be initiated only on the recommendation of the Supreme Court
bCan be preferred only by the Lok Sabha
cRequires a simple majority of members present and voting in both Houses
dMay be preferred by either House and must be passed by a majority of not less than two-thirds of the total membership of that House
Answer: D
Article 61 permits either House to prefer the charge, which must be passed by a resolution supported by not less than two-thirds of the total membership of that House, after 14 days' notice signed by at least one-fourth of the members.
Under Article 169 of the Constitution, a Legislative Council in a State may be created or abolished by:
aA simple resolution of the Legislative Assembly of the State alone
bA law of Parliament, after the Legislative Assembly of the State passes a resolution by a special majority
cAn ordinance issued by the Governor of the State
dA notification of the President without reference to the State Legislature
Answer: B
Article 169 empowers Parliament by law to abolish or create a Legislative Council, but only if the State Legislative Assembly first passes a resolution by a majority of its total membership and a two-thirds majority of members present and voting.
Under the Tenth Schedule to the Constitution, the question whether a member of a House has become subject to disqualification on the ground of defection is decided by:
aThe President or the Governor, as the case may be
bThe Supreme Court in its original jurisdiction
cThe Election Commission of India
dThe Chairman or the Speaker of the House concerned
Answer: D
Paragraph 6 of the Tenth Schedule vests the power to decide a question of disqualification on the ground of defection in the Chairman or Speaker of the House; in Kihoto Hollohan such a decision was held subject to judicial review on limited grounds.
Under Article 312 of the Constitution, Parliament may create a new All-India Service only if:
aThe Rajya Sabha declares 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
bThe Union Public Service Commission recommends its creation
cThe Lok Sabha passes a resolution by two-thirds of members present and voting
dBoth Houses pass a resolution by a simple majority
Answer: A
Article 312 requires the Council of States (Rajya Sabha), representing the States, to first resolve by a two-thirds majority of members present and voting that the creation of a new All-India Service is necessary or expedient in the national interest.
Under Article 110 of the Constitution, the question whether a Bill is a Money Bill is finally decided by:
aThe Chairman of the Rajya Sabha
bThe Attorney-General for India
cThe Speaker of the Lok Sabha
dThe President of India
Answer: C
Article 110(3) provides that if any question arises whether a Bill is a Money Bill, the decision of the Speaker of the House of the People thereon shall be final.
Under Article 280 of the Constitution, the Finance Commission is constituted by:
aThe President, at intervals of every five years or earlier if he considers it necessary
bThe Governors of the States acting jointly
cThe Comptroller and Auditor-General of India
dThe Parliament, by an Act passed every five years
Answer: A
Article 280 requires the President to constitute a Finance Commission at the expiration of every fifth year, or earlier if he considers it necessary; it is a quasi-judicial body that recommends distribution of taxes between Union and States.
Under Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession made to a police officer:
aShall not be proved as against a person accused of any offence
bIs admissible if the accused was not in custody
cIs admissible only if made in the presence of a Magistrate
dIs admissible if it leads to discovery of a fact
Answer: A
Section 23(1) of the BSA imposes an absolute bar - no confession made to a police officer shall be proved as against an accused. The exception for discovery falls under the proviso to Section 23(2), not Section 23(1).
So much of the information received from an accused in police custody as relates distinctly to the fact thereby discovered may be proved under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) by virtue of:
aSection 23(2)
bThe proviso to Section 23(2)
cSection 24
dSection 22
Answer: B
The proviso to Section 23(2) of the BSA permits proof of so much of the information received from an accused in custody as relates distinctly to the fact discovered in consequence of it, whether or not it amounts to a confession (corresponding to the former Section 27 of the Indian Evidence Act).
The leading decision laying down that only that part of the information under the proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) which 'distinctly relates' to the fact discovered is admissible, is:
aBishwanath Prasad v. Dwarka Prasad
bPulukuri Kottaya v. King-Emperor
cAghnoo Nagesia v. State of Bihar
dPakala Narayana Swami v. King-Emperor
Answer: B
In Pulukuri Kottaya v. King-Emperor (AIR 1947 PC 67) the Privy Council held that only the portion of the information that distinctly relates to the fact discovered is admissible; that principle now governs the proviso to Section 23(2) of the BSA.
A statement made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, is relevant under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) under:
aSection 4
bSection 27
cSection 55
dSection 26(a)
Answer: D
Section 26(a) of the BSA makes a dying declaration relevant, and unlike English law it is admissible in both civil and criminal proceedings without the declarant being under expectation of death.
Where the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death she was subjected to cruelty in connection with a demand for dowry, the court, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA):
aShall presume that such person caused the dowry death
bShall conclusively presume guilt
cMay presume that such person caused the dowry death
dShall make no presumption
Answer: A
Section 118 of the BSA uses the word 'shall presume', making it a mandatory presumption of law (unlike Section 117 on abetment of suicide by a married woman, which uses 'may presume').
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the fact that a person was born during the continuance of a valid marriage between his mother and any man, or within 280 days after its dissolution, the mother remaining unmarried, shall be:
aA presumption of fact only
bPrima facie proof of legitimacy, rebuttable by any evidence
cIrrelevant to the question of legitimacy
dConclusive proof of legitimacy unless non-access is shown
Answer: D
Section 116 of the BSA makes birth during a valid marriage conclusive proof of legitimacy, the only escape being proof of non-access between the parties at the time of conception.
When a person is accused of any offence and claims the benefit of a General Exception in the Bharatiya Nyaya Sanhita, 2023, the burden of proving the existence of circumstances bringing his case within the exception, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), lies on:
aNeither party, the exception being presumed
bThe court
cThe accused
dThe prosecution
Answer: C
Under Section 108 of the BSA the burden of proving that the case falls within any General Exception, special exception or proviso lies on the accused, and the court presumes the absence of such circumstances.
Where a fact is especially within the knowledge of any person, the burden of proving that fact, under Section 109 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), is upon:
aThe prosecution in every case
bThe person within whose special knowledge the fact lies
cThe party asserting the contrary
dThe court to investigate
Answer: B
Section 109 of the BSA places the burden of proving a fact especially within a person's own knowledge on that person, as an exception to the general rule of burden of proof in Section 104.
An accomplice, under Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA):
aCan testify only after being granted pardon
bIs a competent witness, and a conviction is not illegal if it proceeds upon his corroborated testimony
cMust always be corroborated, failing which conviction is illegal
dIs not a competent witness against an accused
Answer: B
Section 138 of the BSA declares an accomplice a competent witness against an accused person, and provides that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. (Note: the enacted BSA text uses 'corroborated', departing from the 'uncorroborated' phrasing of the repealed Section 133 of the Indian Evidence Act.)
Q81Contract Act (incl. Sale of Goods / commercial)
An agreement made without consideration is valid if it is a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor. Under the Indian Contract Act, 1872, this is recognised as:
aA quasi-contract under Section 68
bAn exception under Section 25(2)
cPast consideration under Section 2(d)
dAn agreement void under Section 23
Answer: B
Section 25(2) of the Indian Contract Act, 1872 expressly saves a written or oral promise to compensate a person who has already voluntarily done something for the promisor, as an exception to the rule that an agreement without consideration is void.
Q82Contract Act (incl. Sale of Goods / commercial)
In the absence of a contract to the contrary, the right of general lien to retain goods bailed as security for a general balance of account is available under Section 171 of the Indian Contract Act, 1872 to which one of the following?
aA finder of goods
bAn ordinary bailee
cAn attorney of a High Court
dA pawnee
Answer: C
Section 171 confers a general lien only on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers; a pawnee or ordinary bailee has merely a particular lien.
Q83Contract Act (incl. Sale of Goods / commercial)
'A' tells a shopkeeper 'B', 'Let C have goods worth Rs. 5,000, and if he does not pay you, I will.' The agreement between A and B is:
aA contract of indemnity
bA wagering agreement
cA quasi-contract
dA contract of guarantee
Answer: D
A contract to perform the promise, or discharge the liability, of a third person in case of his default is a contract of guarantee under Section 126; the three-party structure (surety, principal debtor, creditor) distinguishes it from indemnity.
Q84Contract Act (incl. Sale of Goods / commercial)
In Mohori Bibee v. Dharmodas Ghose, the Privy Council held that an agreement entered into by a minor is:
aVoid ab initio
bVoidable at the option of the other party
cVoidable at the option of the minor
dValid but unenforceable
Answer: A
In Mohori Bibee v. Dharmodas Ghose (1903), the Privy Council ruled that a minor's agreement is void ab initio under Section 11 of the Contract Act, as a minor lacks capacity to contract.
Q85Contract Act (incl. Sale of Goods / commercial)
Under Section 230 of the Indian Contract Act, 1872, an agent who enters into a contract on behalf of his principal is, in the absence of a contract to the contrary, presumed to be personally bound where:
aThe principal is a Government department
bThe agency is gratuitous
cThe agent does not disclose the name of his principal
dThe contract is for the sale of immovable property
Answer: C
Section 230 presumes a contract to the contrary (making the agent personally liable) in three cases: where the agent contracts for a foreign principal, where he does not disclose the principal's name, and where the principal, though disclosed, cannot be sued.
Q86Contract Act (incl. Sale of Goods / commercial)
The leading case of Hadley v. Baxendale is regarded as the foundation of the law relating to:
aQuantum meruit
bRemoteness of damages for breach of contract
cFrustration of contract
dPrivity of contract
Answer: B
Hadley v. Baxendale laid down the rule of remoteness of damages, the principle of which is embodied in Section 73 of the Indian Contract Act, 1872, confining damages to losses arising naturally or within the contemplation of the parties.
Q87Contract Act (incl. Sale of Goods / commercial)
Under the Sale of Goods Act, 1930, where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called:
aA bailment
bAn agreement to sell
cA hire-purchase
dA sale
Answer: B
Under Section 4 of the Sale of Goods Act, 1930, where property passes immediately it is a 'sale', but where it is to pass at a future time or on fulfilment of a condition it is an 'agreement to sell'.
Q88Contract Act (incl. Sale of Goods / commercial)
The maxim 'caveat emptor' under the Sale of Goods Act, 1930 stands qualified by Section 16, which implies a condition that goods shall be reasonably fit for a particular purpose where:
aThe sale is by a private individual not dealing in such goods
bThe buyer examines the goods before purchase
cThe goods are sold under their patent or trade name
dThe buyer makes known the purpose so as to show reliance on the seller's skill or judgment
Answer: D
Section 16(1) implies a condition of fitness for purpose only where the buyer makes known the particular purpose so as to show he relies on the seller's skill or judgment and the goods are of a description the seller deals in; this is an exception to caveat emptor.
Q89Contract Act (incl. Sale of Goods / commercial)
Under the Sale of Goods Act, 1930, the seller of goods is deemed to be an 'unpaid seller' when:
aThe buyer rejects the goods as defective
bThe buyer becomes insolvent
cThe whole of the price has not been paid or tendered
dDelivery of the goods has been refused by the buyer
Answer: C
Under Section 45, a seller is an 'unpaid seller' when the whole of the price has not been paid or tendered, or when a bill of exchange or other negotiable instrument received as conditional payment is dishonoured.
Q90Contract Act (incl. Sale of Goods / commercial)
Under the general rule in Section 26 of the Sale of Goods Act, 1930, unless otherwise agreed, the risk of loss of the goods prima facie passes:
aWhen the goods are delivered to the buyer
bWhen the price is paid by the buyer
cWhen the property in the goods is transferred to the buyer
dWhen the contract of sale is made
Answer: C
Section 26 embodies the maxim 'res perit domino' — risk prima facie passes with property, irrespective of whether delivery has been made, unless the parties agree otherwise.
Under the Specific Relief Act, 1963, a suit by a person dispossessed of immovable property otherwise than in due course of law under Section 6 must be instituted within:
aThree years from the date of dispossession
bTwelve years from the date of dispossession
cOne year from the date of dispossession
dSix months from the date of dispossession
Answer: D
Section 6(2)(a) bars a suit for restoration of possession if filed after six months from the date of dispossession. The remedy is a speedy possessory relief based on prior possession, not title.
In respect of an order or decree passed in a suit instituted under Section 6 of the Specific Relief Act, 1963:
aAn appeal lies but no review is allowed
bBoth appeal and review are allowed
cOnly a review is allowed but no appeal
dNo appeal lies and no review is allowed
Answer: D
Section 6(3) expressly provides that no appeal shall lie from any order or decree passed in a suit under Section 6, nor shall any review of such order or decree be allowed.
Section 8 of the Specific Relief Act, 1963 deals with the liability of a person:
aIn possession or control of a particular article of movable property, not as owner, to deliver it to the person entitled to immediate possession
bIn possession of specific immovable property as owner, to deliver it
cTo execute a settlement under a testamentary direction
dTo pay compensation for breach of any contract
Answer: A
Section 8 compels a person having possession or control of a particular article of movable property, of which he is not the owner, to deliver it to the person entitled to its immediate possession in the cases specified therein.
After the Specific Relief (Amendment) Act, 2018, specific performance of a contract under Section 10 of the Specific Relief Act, 1963 is:
aTo be enforced by the court subject to the provisions of Sections 11(2), 14 and 16
bWholly abolished and replaced by damages
cAvailable only for contracts relating to immovable property
dGranted only in the discretion of the court where damages are inadequate
Answer: A
The 2018 amendment recast Section 10 so that specific performance shall be enforced by the court subject to Sections 11(2), 14 and 16, converting it from a discretionary remedy into a general rule of enforcement.
Which one of the following contracts is NOT specifically enforceable under Section 14 of the Specific Relief Act, 1963?
aA contract for the sale of immovable property
bA contract to convey a particular house
cA contract which is in its nature determinable
dA contract relating to transfer of shares of a private company
Answer: C
Section 14(c) makes a contract which is in its nature determinable incapable of specific performance, along with contracts whose performance involves a continuous duty the court cannot supervise and those dependent on personal qualifications.
Section 14A, inserted into the Specific Relief Act, 1963 by the 2018 Amendment, empowers the court to:
aGrant an ex parte perpetual injunction
bEngage one or more experts to assist it on any specific issue involved in the suit
cTransfer the suit to a commercial court
dAward punitive damages for breach of contract
Answer: B
Section 14A, introduced in 2018, allows the court to engage one or more experts to report on a specific issue and to secure the expert's attendance to give evidence, including the production of documents.
Under Section 16(c) of the Specific Relief Act, 1963 (as amended in 2018), a plaintiff seeking specific performance must:
aEstablish that compensation in money would be an adequate relief
bDeposit the entire consideration in court before filing the suit
cAver and prove readiness and willingness to perform the essential terms of the contract
dProve that he has performed or has always been ready and willing to perform the essential terms of the contract
Answer: D
The 2018 amendment substituted 'who fails to aver and prove' with 'who fails to prove' in Section 16(c); the plaintiff need not aver but must still prove that he has performed or has always been ready and willing to perform the essential terms.
The provision in the Specific Relief Act, 1963 dealing with non-enforcement of a contract except with a variation is contained in:
aSection 18
bSection 20
cSection 16
dSection 12
Answer: A
Section 18 ('Non-enforcement except with variation') allows the court, in the cases specified, to direct specific performance of a contract only with the variation the defendant is entitled to.
Q100Protection of Women from Domestic Violence Act, 2005
Under the Protection of Women from Domestic Violence Act, 2005, an 'aggrieved person' must be:
aAny person, male or female, subjected to domestic violence
bAny woman who is or has been in a domestic relationship with the respondent and alleges to have been subjected to domestic violence
cOnly a legally wedded wife residing in the matrimonial home
dOnly a woman related to the respondent by marriage
Answer: B
Section 2(a) defines 'aggrieved person' as any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent. It is not confined to a wife.
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