Odisha Judiciary Mock Test 2 — Questions & Solutions
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Compensatory costs in respect of false or vexatious claims or defences may be awarded by the court under:
aSection 35A of the CPC
bSection 35B of the CPC
cSection 35 of the CPC
dSection 95 of the CPC
Answer: A
Section 35A CPC empowers the court to award compensatory costs, not exceeding the prescribed limit, where a claim or defence is false or vexatious to the knowledge of the party raising it.
In execution of a decree for maintenance, the salary of the judgment-debtor is attachable, after the exempted portion, to the extent of:
aTwo-thirds of the salary
bOne-third of the salary
cOne-fourth of the salary
dOne-half of the salary
Answer: B
Under the proviso to Section 60(1) CPC, in execution of any decree other than a decree for maintenance, salary is attachable to a limited extent; where the decree is for maintenance, one-third of the salary may be attached.
A suit instituted upon a bill of exchange, hundi or promissory note, by way of the special summary procedure, is governed by:
aOrder XXXVI of the CPC
bOrder XXXIX of the CPC
cOrder XXXVIII of the CPC
dOrder XXXVII of the CPC
Answer: D
Order XXXVII CPC provides the summary suit procedure, originally for suits on negotiable instruments such as bills of exchange, hundis and promissory notes, under which the defendant must obtain leave to defend.
Where a suit abates on the death of a party because the right to sue does not survive, the procedure governing such abatement and its setting aside is contained in:
aOrder XXIII of the CPC
bOrder XXI of the CPC
cOrder XXII of the CPC
dOrder IX of the CPC
Answer: C
Order XXII CPC deals with the death, marriage and insolvency of parties, providing for substitution of legal representatives and for abatement of the suit where no application for substitution is made within the prescribed time.
The High Court may interfere in the exercise of its revisional jurisdiction under Section 115 of the CPC only where the subordinate court has:
aPassed a decree against the weight of evidence
bCommitted an error of fact
cExercised a jurisdiction not vested in it, failed to exercise jurisdiction vested in it, or acted illegally or with material irregularity in the exercise of its jurisdiction
dCommitted an error of law in appreciating evidence
Answer: C
Section 115 CPC confines revision to jurisdictional errors, namely where the subordinate court has assumed a jurisdiction not vested in it, failed to exercise jurisdiction so vested, or acted illegally or with material irregularity in exercising its jurisdiction.
All questions arising between the parties to the suit in which the decree was passed, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the court executing the decree and not by a separate suit. This is provided under:
aSection 38 of CPC
bSection 51 of CPC
cSection 60 of CPC
dSection 47 of CPC
Answer: D
Section 47 CPC bars a separate suit and requires the executing court itself to decide all questions relating to execution, discharge or satisfaction of the decree between the parties or their representatives.
The power of the Supreme Court to transfer any suit, appeal or other proceeding from a High Court or other civil court in one State to a High Court or other civil court in any other State is contained in:
aSection 25 of CPC
bSection 22 of CPC
cSection 23 of CPC
dSection 24 of CPC
Answer: A
Section 25 CPC empowers the Supreme Court, where it is expedient for the ends of justice, to transfer a suit, appeal or proceeding from one State to another State. Section 24 deals with the general transfer power of the High Court and District Court.
Under Section 80 of the CPC, no suit shall be instituted against the Government or a public officer in respect of any act purporting to be done in his official capacity until the expiration of a notice period of:
aOne month
bThree months
cFifteen days
dTwo months
Answer: D
Section 80(1) CPC mandates a two months' prior notice before instituting a suit against the Government or a public officer in respect of acts done in official capacity.
Where a decree is varied or reversed in appeal, the court which passed the decree shall, on application of any party entitled to the benefit, cause restitution to be made so as to place the parties in the position they would have occupied but for such decree. This power of restitution is conferred by:
aSection 144 of CPC
bSection 152 of CPC
cSection 151 of CPC
dSection 114 of CPC
Answer: A
Section 144 CPC provides for restitution to restore parties to their original position when a decree is varied, reversed, set aside or modified.
Under the BNSS, 2023, no member of the Armed Forces of the Union shall be arrested for anything done in the discharge of his official duties except with the consent of the Central Government. This protection is contained in:
aSection 38
bSection 40
cSection 41
dSection 45
Answer: C
Section 41 BNSS (corresponding to Section 45 CrPC) protects members of the Armed Forces from arrest for acts done in discharge of official duty, save with the consent of the Central Government.
Under the BNSS, 2023, in every district one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates are appointed by the State Government under:
aSection 24
bSection 25
cSection 18
dSection 19
Answer: D
Section 19 BNSS provides for Assistant Public Prosecutors (formerly Section 25 CrPC), while Public Prosecutors are appointed under Section 18 BNSS.
Under the BNSS, 2023, the composition (compounding) of an offence under the relevant provision shall have the effect of:
aStay of the proceedings
bDischarge of the accused
cWithdrawal of prosecution by the Public Prosecutor
dAcquittal of the accused with whom the offence has been compounded
Answer: D
Section 359 BNSS, dealing with compounding of offences, provides that the composition of an offence has the effect of an acquittal of the accused with whom the offence has been compounded.
Under Section 514 of the BNSS, 2023, for an offence punishable with imprisonment for a term exceeding one year but not exceeding three years, the period of limitation for taking cognizance is:
aOne year
bSix months
cThere is no period of limitation
dThree years
Answer: D
Section 514 BNSS (corresponding to Section 468 CrPC) prescribes a three-year limitation where the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
Under the BNSS, 2023, when in a summons-case the accused appears before the Magistrate, the Magistrate:
aMust commit the case to the Court of Session
bShall mandatorily examine all prosecution witnesses before stating the accusation
cMust frame a formal charge before recording the plea
dShall state the particulars of the offence to the accused and ask whether he pleads guilty, without framing a formal charge
Answer: D
Section 274 BNSS provides that in a summons-case the particulars of the offence are stated to the accused and his plea is taken, but it is not necessary to frame a formal charge.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision corresponding to Section 41A of the old CrPC requiring a notice of appearance to be served on a person before arrest (in offences punishable up to seven years) is:
aSection 35(3)
bSection 50
cSection 41A
dSection 36
Answer: A
Section 35(3) of the BNSS, 2023 obliges a police officer to issue a notice directing the person to appear, instead of arresting, where the offence is punishable with imprisonment up to seven years; arrest in such cases is an exception requiring recorded reasons.
Under the BNSS, 2023, a person arrested without warrant shall not be detained in police custody for more than:
a72 hours with the Superintendent's order
b48 hours including journey time
c12 hours excluding journey time
d24 hours excluding the time necessary for the journey to the Magistrate's Court
Answer: D
Section 58 of the BNSS, 2023 reproduces the constitutional safeguard under Article 22(2): an arrested person must be produced before a Magistrate within 24 hours, excluding the time necessary for the journey, unless a special order is made under Section 187.
A novel feature of the BNSS, 2023 is that the process of search and seizure of property shall be recorded:
aIn writing in triplicate only
bBy a Judicial Magistrate in person
cOnly in the presence of two gazetted officers
dThrough audio-video electronic means, preferably a mobile phone
Answer: D
Section 105 of the BNSS, 2023 mandates that the conduct of search and the preparation of the seizure list be recorded through audio-video electronic means, preferably a mobile phone, and the recording be forwarded to the Magistrate without delay.
The concept of 'Zero FIR' and registration of information of a cognizable offence irrespective of the area where the offence is committed is statutorily recognised under the BNSS, 2023 in:
aSection 190
bSection 173
cSection 156
dSection 154
Answer: B
Section 173 of the BNSS, 2023 (corresponding to Section 154 of the old CrPC) now expressly permits registration of information relating to a cognizable offence regardless of the territorial jurisdiction in which it was committed, thereby giving statutory force to the 'Zero FIR'.
Under the BNSS, 2023, the total period of police custody of an accused that the Magistrate may authorise (corresponding to Section 167 of the old CrPC) is dealt with under:
aSection 309
bSection 167
cSection 187
dSection 437
Answer: C
Section 187 of the BNSS, 2023 governs detention of an accused when investigation cannot be completed in 24 hours; police custody of 15 days may now be sought in whole or in parts within the initial 40 or 60 days of the total 60/90-day period.
The right to a way or other easement is acquired by prescription, as against a person other than the Government, on peaceable enjoyment as of right and without interruption for:
aThirty years
bTwelve years
cTwenty years
dSixty years
Answer: C
Under Section 25 of the Limitation Act, 1963, an easement is acquired by twenty years' uninterrupted enjoyment as of right (the period being thirty years where the property belongs to the Government).
The principle that the Limitation Act bars the remedy but not the right is subject to an important exception in:
aSection 18, dealing with acknowledgment
bSection 27, dealing with extinguishment of right to property
cSection 25, dealing with easements
dSection 14, dealing with exclusion of time
Answer: B
Section 27 is an exception to the general rule: when the period for a suit for possession expires, the right to the property itself is extinguished, not merely the remedy.
Under Article 65 of the Schedule to the Limitation Act, 1963, a suit for possession of immovable property based on title must be filed within twelve years computed from:
aThe date the plaintiff acquired title
bThe date of dispossession of the plaintiff
cThe date the possession of the defendant becomes adverse to the plaintiff
dThe date the right to sue first accrues
Answer: C
Article 65 prescribes twelve years for a title-based possession suit, running from the date the defendant's possession becomes adverse to the plaintiff (unlike Article 64, which runs from dispossession).
A suit by a mortgagor to redeem or to recover possession of immovable property mortgaged is governed, under the Schedule to the Limitation Act, 1963, by a period of limitation of:
aSixty years
bThree years
cThirty years
dTwelve years
Answer: C
Article 61 of the Schedule prescribes thirty years for a mortgagor's suit to redeem or recover possession, running from when the right to redeem or recover possession accrues.
For any suit for which no period of limitation is provided elsewhere in the Schedule to the Limitation Act, 1963, the residuary Article 113 prescribes a period of:
aTwelve years from when the right to sue accrues
bSix years from when the right to sue accrues
cOne year from the date of the cause of action
dThree years from when the right to sue accrues
Answer: D
Article 113 is the residuary provision for suits, prescribing three years computed from the time the right to sue accrues.
Where a suit is instituted after the prescribed period of limitation, the court is bound to dismiss it under Section 3 of the Limitation Act, 1963:
aEven though limitation has not been set up as a defence
bOnly if the defendant takes the plea of limitation in his written statement
cOnly with the prior leave of the High Court
dOnly if the court records reasons in writing for the dismissal
Answer: A
Section 3 makes the bar of limitation a mandatory duty of the court; a suit, appeal or application filed beyond the prescribed period must be dismissed even though limitation has not been set up as a defence.
Section 5 of the Limitation Act, 1963, permitting condonation of delay on 'sufficient cause', applies to:
aSuits, appeals and applications alike
bExecution applications only
cSuits only
dAppeals and applications (other than under Order XXI CPC), but not suits
Answer: D
Section 5 enables condonation of delay only for appeals and applications (excluding applications under Order XXI CPC); it has no application to the institution of suits.
In computing the period of limitation for any suit, appeal or application under Section 12(1), the day from which the period is to be reckoned shall be:
aExcluded from the computation
bCounted as half a day
cIncluded in the computation
dIncluded only if it is a working day
Answer: A
Section 12(1) provides that in computing the period of limitation, the day from which such period is to be reckoned shall be excluded.
An acknowledgment of liability under Section 18 of the Limitation Act, 1963 starts a fresh period of limitation only if it is:
aMade in the form of a registered notice after the limitation has run out
bOral and made before any two witnesses
cIn writing and signed, made before the expiration of the prescribed period
dIn writing, whether made before or after the period has expired
Answer: C
Under Section 18 the acknowledgment must be in writing, signed by the party (or his agent), and made before the expiration of the prescribed period; an acknowledgment made after expiry cannot revive a time-barred claim.
Under Section 25 of the Limitation Act, 1963, a right of way or watercourse is acquired as an easement by prescription when it has been peaceably and openly enjoyed as of right without interruption for:
a12 years
b15 years
c30 years
d20 years
Answer: D
Section 25 provides that an easement of way, watercourse, use of water or other easement enjoyed peaceably and openly as of right without interruption for twenty years becomes absolute and indefeasible.
Q31Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 28 of the Hindu Succession Act, 1956, no person shall be disqualified from succeeding to any property on the ground of:
aHaving committed murder of the intestate
bRemarriage of a son's widow before the succession opens
cConversion to another religion
dAny disease, defect or deformity
Answer: D
Section 28 abolishes the old exclusions, providing that no person shall be disqualified from succeeding on the ground of any disease, defect or deformity, or on any other ground except as provided in the Act.
Q32Law of Succession (Hindu Succession Act + Indian Succession Act)
Which one of the following changes was effected by the Hindu Succession (Amendment) Act, 2005, with effect from 9th September 2005?
aThe Mitakshara coparcenary was abolished altogether
bTestamentary succession among Hindus was prohibited
cThe daughter of a coparcener became, by birth, a coparcener in her own right in the same manner as a son
dThe widow ceased to be a Class I heir
Answer: C
The 2005 Amendment substituted Section 6 so that the daughter of a coparcener becomes a coparcener by birth in her own right, in the same manner as a son, with the same rights and liabilities.
Q33Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 63 of the Indian Succession Act, 1925, an unprivileged will is required to be attested by:
aAt least one witness
bTwo or more witnesses
cThree or more witnesses
dA notary public alone
Answer: B
Section 63(c) requires that an unprivileged will be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark, or received a personal acknowledgment thereof, and each of whom signs in the testator's presence.
Q34Law of Succession (Hindu Succession Act + Indian Succession Act)
A bequeaths Rs. 10,000 to B. B dies during the lifetime of A, and the will discloses no intention that the legacy should go to any other person. Under Section 105 of the Indian Succession Act, 1925, the legacy:
aIs held in trust by the executor for B's children
bPasses to the testator's nearest intestate heir
cLapses and forms part of the residue of the testator's property
dTakes effect in favour of B's legal representatives
Answer: C
Section 105 provides that if the legatee does not survive the testator, the legacy lapses and falls into the residue, unless a contrary intention appears from the will.
Q35Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 59 of the Indian Succession Act, 1925, who is competent to make a will?
aOnly a person who is married and of sound mind
bAny person, whether minor or major, of any state of mind
cOnly a person who has attained twenty-one years of age
dEvery person of sound mind, not being a minor
Answer: D
Section 59 provides that every person of sound mind, not being a minor, may dispose of his property by will; persons ordinarily insane may do so during a lucid interval.
Q36Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 8 of the Hindu Succession Act, 1956, when a male Hindu dies intestate and there is no heir in Class I or Class II of the Schedule, his property devolves:
aUpon the State by escheat immediately
bUpon the cognates of the deceased, and in their absence, upon the agnates
cEqually between the agnates and cognates
dUpon the agnates of the deceased, and in their absence, upon the cognates
Answer: D
Section 8 lays down the order of devolution as: Class I heirs, then Class II heirs, then agnates, and lastly cognates of the deceased. Agnates are preferred over cognates.
Q37Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Hindu Succession Act, 1956, a person is said to be an 'agnate' of another if the two are related by blood or adoption:
aWholly through females
bThrough marriage alone
cNot wholly through males
dWholly through males
Answer: D
Under Section 3(1), an agnate is one related to another by blood or adoption wholly through males; a cognate is one so related but NOT wholly through males.
Q38Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 14 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 as:
aHer absolute property as full owner thereof and not as a limited owner
bA limited owner during her lifetime only
cA trustee for her husband's heirs
dStridhana incapable of alienation
Answer: A
Section 14(1) converts the limited estate of a Hindu female (the old 'widow's estate') into full ownership, making her the absolute owner of property possessed by her.
Q39Law of Succession (Hindu Succession Act + Indian Succession Act)
A female Hindu 'W' dies intestate possessed of her own self-acquired property, leaving behind her husband 'H', one son 'S' and two daughters 'D1' and 'D2', but no other heir. Under Section 15 read with Section 16 of the Hindu Succession Act, 1956, the property will devolve:
aEqually among H, S, D1 and D2 — one-fourth each
bOne-half to H and the remaining one-half equally among S, D1 and D2
cEqually between S, D1 and D2, the husband taking nothing
dEntirely upon H to the exclusion of the children
Answer: A
Under Section 15(1)(a), the husband and the children (sons and daughters) fall in the same first category and take simultaneously; by Section 19 they take per capita and as tenants-in-common, i.e. one-fourth each.
Q40Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 15(2) of the Hindu Succession Act, 1956, property inherited by a female Hindu from her father or mother shall, in the absence of any son or daughter of the deceased (including the children of any predeceased son or daughter), devolve upon:
aThe heirs of the father
bThe heirs of the husband
cHer own brothers and sisters only
dThe State by escheat
Answer: A
Section 15(2)(a) provides that property inherited from the father or mother goes back to the heirs of the father (not the husband's heirs) where the female leaves no son or daughter.
A transfer of property whereby an interest is created to take effect only on the happening of a specified uncertain event creates a:
aConditional limitation under Section 28
bContingent interest under Section 21
cVested interest under Section 19
dAbsolute interest under Section 8
Answer: B
Section 21 provides that where an interest is created to take effect on the happening of an uncertain specified event, the interest is contingent until that event happens or becomes impossible.
The rule against perpetuity under Section 14 of the Transfer of Property Act provides that the vesting of property cannot be postponed beyond the life or lives of the persons living at the date of the transfer plus:
aA period of twelve years from the date of transfer
bA fixed period of twenty-one years in all cases
cA period of eighteen years
dThe minority of some person who shall be in existence at the expiration of that period
Answer: D
Section 14 permits postponement of vesting up to the lifetime of one or more persons living at the date of transfer plus the minority of an unborn person who is in existence at the expiration of that period.
Under Section 111 of the Transfer of Property Act, a lease of immovable property determines by:
aEfflux of the time limited
bForfeiture
cSurrender
dAll of the above
Answer: D
Section 111 lists several modes by which a lease determines, including efflux of time, forfeiture, and surrender; all of these are valid modes of determination.
When two persons mutually transfer the ownership of one thing for the ownership of another, neither thing nor both things being money only, the transaction is called:
aExchange
bGift
cCharge
dSale
Answer: A
Section 118 defines exchange as a mutual transfer of ownership of one thing for another where neither or both are not money only.
Where a person professes to transfer property to which he has no title in part performance of a contract, and the transferee has taken possession in furtherance of the contract and is willing to perform his part, the transferor is debarred from enforcing any right against the transferee in respect of the property. This equitable doctrine is contained in:
aSection 54 of the Transfer of Property Act
bSection 53A of the Transfer of Property Act
cSection 53 of the Transfer of Property Act
dSection 52 of the Transfer of Property Act
Answer: B
Section 53A codifies the doctrine of part performance; where the transferee has taken possession and is willing to perform, the transferor is barred from enforcing any right against him in respect of the property other than rights expressly provided by the contract.
Under Section 5 of the Transfer of Property Act, 1882, the expression "transfer of property" means an act by which a living person conveys property, in present or in future, to:
aOne or more other living persons only, and not to himself
bAny person, whether living or to be born, including a juristic person only
cThe State or a company, but never to himself
dOne or more other living persons, or to himself, or to himself and one or more other living persons
Answer: D
Section 5 expressly permits a living person to convey property to himself, to others, or to himself together with others; "living person" includes a company, association or body of individuals.
A, the eldest son, transfers for consideration his expectancy of inheriting his father's estate while the father is still alive. Under Section 6(a) of the Transfer of Property Act, the transfer is:
aValid, since it is supported by consideration
bVoid, being a transfer of spes successionis, a mere possibility
cVoidable at the option of the father
dValid only if the father consents in writing
Answer: B
Section 6(a) bars transfer of the chance of an heir-apparent succeeding to an estate (spes successionis); such a transfer is a nullity in law.
The maximum period for which the vesting of an interest in property may be postponed under the rule against perpetuity in Section 14 of the Transfer of Property Act is:
aThe life or lives of persons living at the date of transfer plus the period of gestation
bThe life or lives of persons living at the date of transfer plus a period of 18 years
cThe life or lives of persons living at the date of transfer plus the minority of an unborn person who is to take the interest
dA fixed period of 21 years from the date of transfer in all cases
Answer: C
Section 14 permits postponement only up to the lifetime of living persons plus the minority of the unborn person in existence at the expiration of that period to whom the interest is to belong.
A transfers property to B on condition that B shall murder C. Under Section 25 of the Transfer of Property Act, the transfer:
aIs valid and the condition is to be ignored as surplusage
bIs void, the condition being unlawful as forbidden by law
cTakes effect, the condition being treated as a mere recommendation
dIs voidable at the option of C
Answer: B
Section 25 provides that a transfer made on a condition that is impossible, forbidden by law, fraudulent, injurious to person or property, or immoral or opposed to public policy, is void.
Where the owner of property professing to transfer the same gives the transferor a benefit out of one part of it, the doctrine that the transferee must elect either to confirm the transfer or relinquish the benefit is contained in:
aSection 41 of the Transfer of Property Act (Ostensible Owner)
bSection 51 of the Transfer of Property Act (Improvements by bona fide holder)
cSection 43 of the Transfer of Property Act (Feeding the Grant by Estoppel)
dSection 35 of the Transfer of Property Act (Doctrine of Election)
Answer: D
Section 35 embodies the doctrine of election, resting on the principle that a person who takes a benefit under an instrument must also bear the burden, and cannot approbate and reprobate.
The right of private defence of body and of property under the Indian Penal Code is dealt with in which group of sections?
aSections 107 to 120
bSections 141 to 160
cSections 96 to 106
dSections 76 to 95
Answer: C
Sections 96 to 106 IPC contain the law relating to the right of private defence of body and of property. Section 97 specifies the two kinds of this right.
Under Section 120A of the Indian Penal Code, 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 designated as:
aUnlawful assembly
bCriminal conspiracy
cCommon intention
dAbetment by conspiracy
Answer: B
Section 120A defines criminal conspiracy as an agreement between two or more persons to do or cause to be done an illegal act, or an act not illegal by illegal means.
Section 24 of the Indian Penal Code defines the expression 'dishonestly'. A person is said to do a thing dishonestly when he does it with the intention of causing:
aWrongful gain to one person or wrongful loss to another
bDeception so as to induce delivery of property
cInjury to the body or reputation of another
dDamage to any property by causing its destruction
Answer: A
Under Section 24 IPC, a person does a thing 'dishonestly' when he does it with the intention of causing wrongful gain to one person or wrongful loss to another. (Section 25 defines 'fraudulently'.)
Which one of the following is NOT a punishment to which offenders are liable under Section 53 of the Indian Penal Code?
aFine
bImprisonment for life
cSolitary confinement
dForfeiture of property
Answer: C
Section 53 enumerates five punishments: death, imprisonment for life, imprisonment (rigorous or simple), forfeiture of property and fine. Solitary confinement is a mode of undergoing imprisonment (Sections 73-74), not an independent punishment under Section 53.
The general exceptions, including acts of persons bound or justified by law, mistake of fact, accident and private defence, are contained in which Chapter of the Indian Penal Code?
aChapter IV
bChapter III
cChapter VI
dChapter V
Answer: A
Chapter IV of the IPC (Sections 76 to 106) contains the 'General Exceptions', covering mistake of fact, judicial acts, accident, necessity, infancy, insanity, intoxication, consent and the right of private defence.
Under the Bharatiya Nyaya Sanhita, 2023, the principle that when a criminal act is done by several persons in furtherance of the common intention of all, each is liable as if he had done it alone, is contained in:
aSection 3(5)
bSection 190
cSection 34
dSection 61
Answer: A
Section 3(5) BNS reproduces the erstwhile Section 34 IPC on acts done by several persons in furtherance of common intention; it is a rule of evidence creating joint liability, not a substantive offence.
Under the Bharatiya Nyaya Sanhita, 2023, culpable homicide and murder are dealt with respectively in:
aSections 101 and 103
bSections 299 and 300
cSections 100 and 101
dSections 105 and 106
Answer: C
Under the BNS, Section 100 defines culpable homicide and Section 101 specifies when culpable homicide amounts to murder, corresponding to Sections 299 and 300 of the repealed IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the death of a woman caused by burns or bodily injury, otherwise than under normal circumstances, within seven years of marriage where she was subjected to cruelty for dowry, constitutes 'dowry death' under:
aSection 85
bSection 80
cSection 63
dSection 304B
Answer: B
Section 80 BNS defines dowry death and prescribes imprisonment of not less than seven years extending to life; it corresponds to Section 304B of the repealed IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the act of a person who, at the time of doing it, by reason of unsoundness of mind is incapable of knowing the nature of the act, is dealt with as a general exception in:
aSection 84
bSection 45
cSection 22
dSection 34
Answer: C
Section 22 BNS embodies the defence of legal insanity (the McNaughten rule), corresponding to Section 84 of the repealed IPC.
The Twelfth Schedule to the Constitution, inserted by the Seventy-fourth Amendment, contains:
aProvisions as to disqualification on ground of defection
bThe forms of oaths and affirmations
cSubjects allocated to Panchayats
dThe functions of Municipalities
Answer: D
The Twelfth Schedule lists the functional items of Municipalities under Article 243W; the Eleventh Schedule deals with Panchayats and was added by the Seventy-third Amendment.
Under Article 243Q of the Constitution, a Municipality constituted for a transitional area, that is, an area in transition from rural to urban, is called a:
aMunicipal Council
bCantonment Board
cMunicipal Corporation
dNagar Panchayat
Answer: D
Article 243Q classifies municipalities into a Nagar Panchayat for a transitional area, a Municipal Council for a smaller urban area, and a Municipal Corporation for a larger urban area.
The doctrine of 'basic structure' of the Constitution, restricting the amending power under Article 368, was propounded by the Supreme Court in:
aShankari Prasad vs. Union of India
bSajjan Singh vs. State of Rajasthan
cKesavananda Bharati vs. State of Kerala
dMinerva Mills vs. Union of India
Answer: C
In Kesavananda Bharati vs. State of Kerala (1973) the Supreme Court held that Parliament's amending power under Article 368 does not extend to altering the basic structure of the Constitution.
The writ issued by a court to an inferior court or tribunal directing it to refrain from exceeding its jurisdiction or to transfer the record of proceedings is the writ of:
aProhibition
bMandamus
cHabeas corpus
dQuo warranto
Answer: A
The writ of prohibition is issued by a superior court to an inferior court or tribunal to prevent it from acting in excess of, or without, jurisdiction; mandamus commands performance of a duty and quo warranto questions a person's title to a public office.
R.C. Cooper vs. Union of India is popularly known as the:
aPrivy Purses Case
bMandal Case
cBank Nationalisation Case
dFundamental Rights Case
Answer: C
R.C. Cooper vs. Union of India (1970) is the Bank Nationalisation Case, in which the Supreme Court struck down the bank nationalisation law and rejected the earlier 'mutual exclusivity' approach to Fundamental Rights.
Under the Constitution of India, the appointment, posting and promotion of district judges in a State is made by the:
aState Public Service Commission in consultation with the Governor
bGovernor of the State in consultation with the High Court exercising jurisdiction in relation to such State
cPresident in consultation with the Supreme Court
dChief Justice of India in consultation with the High Court
Answer: B
Article 233(1) provides that appointments, posting and promotion of district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.
A person not already in the service of the Union or the State is eligible to be appointed a district judge only if he has been an advocate or pleader for not less than:
aTen years
bSeven years
cFive years
dThree years
Answer: B
Under the proviso to Article 233(2), such a person must have been an advocate or pleader for not less than seven years and must be recommended by the High Court for appointment.
A Judge of a High Court holds office until he attains the age of:
aSixty-five years
bFifty-eight years
cSixty-two years
dSixty years
Answer: C
Article 217(1) provides that a Judge of a High Court shall hold office until he attains the age of sixty-two years, whereas a Supreme Court Judge retires at sixty-five years under Article 124(2).
Which Article empowers a High Court to issue directions, orders or writs to any person or authority for the enforcement of fundamental rights as well as for any other purpose?
aArticle 226
bArticle 136
cArticle 227
dArticle 32
Answer: A
Article 226 confers on every High Court the power to issue writs for enforcement of fundamental rights and 'for any other purpose', which is wider than the Supreme Court's power under Article 32.
The territorial reach of a High Court's writ jurisdiction extends to authorities situated outside its local limits if the cause of action arises wholly or in part within its territory, by virtue of:
aArticle 32(2)
bArticle 226(2)
cArticle 226(1)
dArticle 227(1)
Answer: B
Article 226(2) enables a High Court to issue writs to a government, authority or person outside its territorial jurisdiction where the cause of action arises wholly or in part within its territory.
A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, without such writing being shown to him, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), in:
aSection 142
bSection 148
cSection 146
dSection 157
Answer: B
Section 148 of the BSA permits cross-examination of a witness as to his previous statements in writing without showing the writing; but to contradict him by the writing, his attention must first be drawn to the relevant parts.
Where a document purporting to be thirty years old is produced from proper custody, the court may presume that the signature and every other part of it are genuine. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) this presumption arises under:
aSection 92
bSection 119
cSection 78
dSection 60
Answer: A
Section 92 of the BSA allows the court to presume the genuineness of a document thirty years old produced from proper custody, dispensing with formal proof of execution and attestation.
For the admissibility of a computer output as evidence of the contents of an electronic record under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the certificate required identifying the record and the device must be produced under:
aSection 63(4)
bSection 15
cSection 57
dSection 61
Answer: A
Section 63(4) of the BSA requires a certificate identifying the electronic record, describing the manner of its production and the device, signed by a person in charge of the device and an expert, as a condition of admissibility of secondary electronic evidence (replacing s.65B(4) IEA).
A confession is irrelevant if caused by an inducement, threat, coercion or promise having reference to the charge and proceeding from a person in authority. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this rule is contained in:
aSection 22
bSection 24
cSection 27
dSection 25
Answer: A
Section 22 of the BSA renders a confession irrelevant in a criminal proceeding when it appears to have been caused by inducement, threat, coercion or promise proceeding from a person in authority and having reference to the charge (corresponding to s.24 IEA).
Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant under the doctrine of res gestae embodied, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), in:
aSection 9
bSection 4
cSection 6
dSection 7
Answer: B
Section 4 of the BSA enacts the doctrine of res gestae, making relevant facts that form part of the same transaction as the fact in issue, whether occurring at the same time and place or at different times and places (corresponding to s.6 IEA).
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), facts which though not in issue are so connected with a fact in issue as to form part of the same transaction are relevant under:
aSection 3
bSection 6
cSection 4
dSection 5
Answer: C
Section 4 of the BSA embodies the doctrine of res gestae, making facts forming part of the same transaction relevant though not themselves in issue (corresponding to s.6 IEA).
The doctrine of 'res gestae' under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is contained in:
aSection 9
bSection 6
cSection 4
dSection 12
Answer: C
Section 4 of the BSA is the statutory basis of the res gestae doctrine, admitting facts so connected with a fact in issue as to form part of the same transaction (corresponding to s.6 IEA).
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession made by an accused while in the custody of a police officer is admissible against him only if it is made:
aWithin twenty-four hours of arrest
bIn the immediate presence of a Magistrate
cIn writing and attested by two witnesses
dTo any police officer of the rank of Inspector or above
Answer: B
Under Section 23(2) of the BSA, a confession made by a person in police custody is not provable against him unless made in the immediate presence of a Magistrate (corresponding to s.26 IEA).
So much of information received from a person accused in police custody as relates distinctly to a fact thereby discovered may be proved. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this rule is contained in:
aSection 30
bSection 22
cthe proviso to Section 23(2)
dSection 26
Answer: C
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 thereby discovered (corresponding to s.27 IEA).
Q81Contract Act (incl. Sale of Goods / commercial)
Under Section 30 of the Indian Partnership Act, 1932, a minor admitted to the benefits of a partnership:
aCannot share in the profits of the firm at all
bIs not personally liable, but his share in the firm is liable for the acts of the firm
cBecomes a full partner with unlimited liability
dIs personally liable for all the debts of the firm
Answer: B
Under Section 30, a minor cannot be a full partner but may be admitted to the benefits of partnership; he is not personally liable to third parties, and only his share in the firm's property and profits is liable for its acts.
Q82Contract Act (incl. Sale of Goods / commercial)
Under Section 138 of the Negotiable Instruments Act, 1881, on dishonour of a cheque for insufficiency of funds, the payee must give a written notice demanding payment within:
aThree months of the date of the cheque
b15 days of receipt of information of dishonour from the bank
cOne month of the date of dishonour
d30 days of receipt of information of dishonour from the bank
Answer: D
Under the proviso to Section 138, the payee must make a demand for payment by written notice within 30 days of receiving information of dishonour from the bank; the drawer then gets 15 days to pay before an offence is complete.
Q83Contract Act (incl. Sale of Goods / commercial)
Under Section 124 of the Indian Contract Act, 1872, a contract of indemnity is one by which one party promises to save the other from loss caused to him:
aBy the conduct of the promisor himself or by the conduct of any other person
bBy the default of the principal debtor alone
cOnly by the conduct of a third person
dOnly by an act of God or accident
Answer: A
Section 124 defines a contract of indemnity as one where a party promises to save the other from loss caused either by the conduct of the promisor himself or by the conduct of any other person.
Q84Contract Act (incl. Sale of Goods / commercial)
Where the parties to a contract agree to substitute a new contract for it, or to rescind or alter it, the original contract need not be performed. This principle of novation is contained in:
aSection 65 of the Indian Contract Act, 1872
bSection 73 of the Indian Contract Act, 1872
cSection 62 of the Indian Contract Act, 1872
dSection 56 of the Indian Contract Act, 1872
Answer: C
Section 62 of the Indian Contract Act, 1872 deals with novation, rescission and alteration of a contract; where parties substitute a new contract, the original need not be performed.
Q85Contract Act (incl. Sale of Goods / commercial)
A contract to do an act which, after the contract is made, becomes impossible or unlawful by reason of some event which the promisor could not prevent, becomes:
aVoid when the act becomes impossible or unlawful
bValid and enforceable with damages
cVoid from the very beginning
dVoidable at the option of the promisee
Answer: A
Under Section 56, a contract to do an act that subsequently becomes impossible or unlawful by reason of an event the promisor could not prevent becomes void when the act becomes impossible or unlawful — the doctrine of supervening impossibility (frustration).
Q86Contract Act (incl. Sale of Goods / commercial)
Under Section 2(d) of the Indian Contract Act, 1872, consideration may be:
aOnly present
bOnly present or future
cOnly past and present, but never future
dPast, present or future
Answer: D
Section 2(d) covers an act or abstinence which the promisee 'has done' (past), 'does' (present) or 'promises to do' (future); hence consideration may be past, present or future.
Q87Contract Act (incl. Sale of Goods / commercial)
A promise in writing and registered, made on account of natural love and affection between parties standing in near relation to each other, is:
aA valid contract though made without consideration
bVoid for want of consideration
cEnforceable only if accompanied by delivery of possession
dVoidable at the option of either party
Answer: A
Section 25(1) is an exception to the rule that an agreement without consideration is void; a written and registered promise on account of natural love and affection between near relations is enforceable.
Q88Contract Act (incl. Sale of Goods / commercial)
Necessaries are supplied to a minor suited to his condition in life. The supplier is entitled to:
aNothing, as a minor's agreement is void ab initio
bBe reimbursed from the property of the minor
cRecover the agreed price from the minor personally
dRecover the price from the minor's guardian personally
Answer: B
Under Section 68 the minor is not personally liable; only his property is liable to reimburse the supplier of necessaries suited to his condition in life.
Q89Contract Act (incl. Sale of Goods / commercial)
Which one of the following is dealt with by Section 56 of the Indian Contract Act, 1872?
aDoctrine of frustration / impossibility of performance
bQuasi-contract
cWagering agreement
dContingent contract
Answer: A
Section 56 renders an agreement to do an impossible act void and provides that a contract becomes void when its performance becomes impossible or unlawful after it is made (doctrine of frustration).
Under Section 20 of the Specific Relief Act, 1963 (substituted performance of contract), before obtaining performance through a third party or his own agency, the party suffering the breach must give the breaching party a written notice of not less than:
aThirty days
bSixty days
cNinety days
dFifteen days
Answer: A
Section 20(2), as introduced by the 2018 Amendment, requires the aggrieved party to give the breaching party written notice of not less than thirty days calling upon him to perform before resorting to substituted performance.
The power of the court to award compensation in addition to, or in substitution for, specific performance in certain cases is dealt with under which section of the Specific Relief Act, 1963?
aSection 21
bSection 19
cSection 20
dSection 22
Answer: A
Section 21 ('Power to award compensation in certain cases') permits the plaintiff in a specific performance suit to claim compensation either in addition to or in substitution for performance.
An instrument may be rectified by the court under the Specific Relief Act, 1963 when, through fraud or a mutual mistake of the parties, the instrument does not express their real intention. This relief is provided under:
aSection 34
bSection 26
cSection 28
dSection 31
Answer: B
Section 26 ('When instrument may be rectified') permits rectification where, owing to fraud or mutual mistake, an instrument in writing does not express the parties' real intention.
A person entitled to any legal character, or to any right as to any property, may institute a suit for a declaration that he is so entitled, under which section of the Specific Relief Act, 1963?
aSection 41
bSection 34
cSection 31
dSection 38
Answer: B
Section 34 provides for declaratory decrees as to status or right; its proviso bars such a decree where the plaintiff, being able to seek further relief, omits to do so.
To obtain a mandatory injunction under Section 39 of the Specific Relief Act, 1963, it is necessary that:
aThe defendant is the Government or a public officer
bThe plaintiff has filed a suit for specific performance of a contract
cThere is a breach of an obligation and the court is able to compel performance of the requisite acts
dThe contract sought to be enforced is determinable in nature
Answer: C
Section 39 allows the court to grant a mandatory injunction to prevent the breach of an obligation and to compel performance of the requisite acts, where it is necessary and the court is capable of enforcing it.
Under Section 41 of the Specific Relief Act, 1963, an injunction CANNOT be granted:
aTo protect a proprietary right of the plaintiff
bTo restrain a continuing nuisance
cTo prevent the breach of a contract the performance of which would not be specifically enforced
dTo restrain a defendant from disposing of suit property pending litigation
Answer: C
Section 41(e) bars an injunction to prevent the breach of a contract the performance of which would not be specifically enforced; this mirrors the rule against enforcing personal-service and determinable contracts.
A person dispossessed of immovable property without his consent and otherwise than in due course of law seeks summary recovery of possession under Section 6 of the Specific Relief Act, 1963. Which one of the following statements is correct?
aAn appeal lies as of right from a decree passed in such suit
bThe suit may be filed at any time within twelve years of dispossession
cNo such suit shall be brought after six months from the date of dispossession, nor against the Government
dThe suit lies against the Government provided notice is first served
Answer: C
Section 6(2) bars a suit brought after six months from the date of dispossession and a suit against the Government; Section 6(3) bars any appeal or review from a decree passed under this section.
After the Specific Relief (Amendment) Act, 2018, the grant of specific performance of a contract under Section 10 is:
aAvailable only where damages are an adequate remedy
bTo be enforced by the court subject to the provisions of Sections 11(2), 14 and 16
cWholly abolished and replaced by damages
dPurely within the discretion of the court as before
Answer: B
The 2018 Amendment substituted Section 10 so that specific performance shall be enforced by the court, subject to Sections 11(2), 14 and 16, removing the earlier discretionary regime.
Which one of the following contracts is NOT specifically enforceable under Section 14 of the Specific Relief Act, 1963 (as amended in 2018)?
aA contract for the sale of immovable property
bA contract which is in its nature determinable
cA contract to transfer a specific share in a partnership
dA contract to convey land already conveyed in part
Answer: B
Section 14, as substituted in 2018, lists contracts that cannot be specifically enforced, including a contract which is in its nature determinable, one involving a continuous duty the court cannot supervise, one dependent on personal qualifications, and one for which the party has obtained substituted performance.
Q100Protection of Women from Domestic Violence Act, 2005
Under Section 2(i) of the Protection of Women from Domestic Violence Act, 2005, the expression 'Magistrate' means:
aThe Executive Magistrate of the district
bThe Judicial Magistrate of the first class or, as the case may be, the Metropolitan Magistrate
cThe Sessions Judge having jurisdiction over the area
dAny Judicial Magistrate, including a Magistrate of the second class
Answer: B
Section 2(i) defines 'Magistrate' as the Judicial Magistrate of the first class or, as the case may be, the Metropolitan Magistrate exercising jurisdiction under the Cr.P.C. in the relevant area.
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