Odisha Judiciary Mock Test 3 — Questions & Solutions
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Under Order VIII, Rule 1 of the CPC, where the defendant fails to file the written statement within thirty days, the court may allow such further time, but not later than:
aOne hundred eighty days from the date of service of summons
bOne hundred twenty days from the date of service of summons
cNinety days from the date of service of summons
dSixty days from the date of service of summons
Answer: C
Under the ordinary provisions of Order VIII Rule 1 CPC, the written statement must be filed within 30 days, extendable for reasons recorded but not beyond 90 days from the date of service of summons.
The rejection of a plaint where it does not disclose a cause of action, or is barred by any law, or is undervalued, is governed by:
aOrder IX, Rule 13 of CPC
bOrder VII, Rule 11 of CPC
cOrder VI, Rule 17 of CPC
dOrder XIV, Rule 2 of CPC
Answer: B
Order VII Rule 11 CPC enumerates the grounds on which a plaint shall be rejected, including absence of cause of action, undervaluation, insufficient stamp, and being barred by law.
The inherent power of a civil court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court is preserved by:
aSection 153 of CPC
bSection 151 of CPC
cSection 149 of CPC
dSection 148 of CPC
Answer: B
Section 151 CPC saves the inherent powers of the court to act ex debito justitiae for the ends of justice and to prevent abuse of process; it does not confer new powers.
Compensatory costs in respect of false or vexatious claims or defences are awarded under Section 35A of the CPC, and such costs shall not exceed:
aRupees three thousand
bRupees one thousand
cRupees five thousand
dRupees ten thousand
Answer: A
Section 35A(2) CPC caps compensatory costs for false or vexatious claims/defences at Rs. 3,000 or the pecuniary limit of the court's jurisdiction, whichever is less.
A temporary injunction to restrain a defendant from wasting, damaging or alienating property in dispute may be granted by the court under:
aOrder XXI, Rule 2 of CPC
bOrder XXXIX, Rules 1 and 2 of CPC
cOrder XXXVIII, Rules 1 and 2 of CPC
dOrder XL, Rule 1 of CPC
Answer: B
Order XXXIX Rules 1 and 2 CPC empower the court to grant temporary injunctions, including where property in dispute is in danger of being wasted, damaged or alienated. Order XXXVIII deals with attachment before judgment.
Subject to the provisions of the CPC, the courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. This is enacted in:
aSection 16 of CPC
bSection 9 of CPC
cSection 6 of CPC
dSection 15 of CPC
Answer: B
Section 9 CPC confers jurisdiction on civil courts to try all suits of a civil nature unless their cognizance is expressly or impliedly barred. Section 6 deals with pecuniary jurisdiction and Section 15 with the court in which a suit is to be instituted.
Where the plaintiff omits to sue in respect of, or intentionally relinquishes, a portion of his claim, he shall afterwards be precluded from suing in respect of the portion so omitted or relinquished. This rule is found in:
aOrder I, Rule 9 of CPC
bOrder VI, Rule 2 of CPC
cOrder II, Rule 2 of CPC
dOrder VII, Rule 1 of CPC
Answer: C
Order II Rule 2 CPC requires the plaintiff to include the whole of his claim in one suit; relinquishing or omitting a part bars a subsequent suit on that part.
An appeal from an original decree passed by a court exercising original jurisdiction lies to the court authorised to hear appeals from the decisions of such court under:
aSection 100 of CPC
bSection 109 of CPC
cSection 104 of CPC
dSection 96 of CPC
Answer: D
Section 96 CPC provides for a first appeal from an original decree. Section 100 governs second appeals to the High Court, Section 104 appeals from orders, and Section 109 appeals to the Supreme Court.
The procedure for discovery and inspection of documents and interrogatories between the parties to a suit is regulated by:
aOrder XI of CPC
bOrder XIII of CPC
cOrder X of CPC
dOrder XII of CPC
Answer: A
Order XI CPC deals with discovery by interrogatories and inspection of documents. Order X concerns examination of parties, Order XII admissions, and Order XIII production of documentary evidence.
Under Section 187 of the BNSS, 2023, the maximum period of detention for which the Magistrate may authorise an accused before grant of default bail, in an offence punishable with death, imprisonment for life or imprisonment of not less than ten years, is:
a120 days
b30 days
c60 days
d90 days
Answer: D
Section 187 of the BNSS, 2023 retains the 90-day outer limit for grave offences (death, life, or imprisonment of ten years or more) and 60 days for other offences, on the expiry of which the accused becomes entitled to default bail.
Under the BNSS, 2023, the order for maintenance of wives, children and parents (corresponding to Section 125 of the old CrPC) is contained in:
aSection 125
bSection 128
cSection 144
dSection 145
Answer: C
Section 144 of the BNSS, 2023 re-enacts the provision for maintenance of wives, children and parents who are unable to maintain themselves, substantially reproducing Section 125 of the old CrPC.
Under Section 479 of the BNSS, 2023, a first-time offender (not previously convicted) shall be released on bond by the Court where he has undergone detention for a period extending up to:
aOne-half of the maximum period of imprisonment for the offence
bThe full maximum period of imprisonment for the offence
cOne-fourth of the maximum period of imprisonment for the offence
dOne-third of the maximum period of imprisonment for the offence
Answer: D
The first proviso to Section 479(1) of the BNSS, 2023 introduces a benefit for first-time offenders, who are to be released on bond after undergoing one-third of the maximum sentence, against the general rule of one-half for other undertrial prisoners.
A significant departure introduced by the BNSS, 2023 in complaint cases is that a Magistrate, before taking cognizance of an offence on a complaint, must:
aRefer the complaint to police for investigation in every case
bGive the proposed accused an opportunity of being heard
cRecord the evidence of all prosecution witnesses
dObtain prior sanction of the Sessions Judge
Answer: B
The proviso to Section 223(1) of the BNSS, 2023 mandates that no cognizance of an offence shall be taken on a complaint without first giving the accused an opportunity of being heard — a safeguard absent in Section 200 of the old CrPC.
Under the BNSS, 2023, the inquiry, trial and judgment in the absence of a proclaimed offender (trial in absentia) is, for the first time, expressly provided under:
aSection 339
bSection 356
cSection 299
dSection 317
Answer: B
Section 356 of the BNSS, 2023 is a new provision enabling a court to conduct the inquiry, trial and pronounce judgment against a proclaimed offender who has absconded to evade trial, even in his absence.
Under Section 472 of the BNSS, 2023, a mercy petition in a death sentence case, after rejection by the Governor, shall be made to the President within:
a15 days from the date of rejection by the Governor
b90 days from the date of confirmation of the sentence
c30 days from the date of rejection by the Governor
d60 days from the date of rejection or disposal by the Governor
Answer: D
Section 472 of the BNSS, 2023 prescribes a structured timeline for mercy petitions: after the Governor rejects or disposes of the petition, a petition to the President must be filed within 60 days of such rejection or disposal.
Under the BNSS, 2023, where an offence is punishable with imprisonment for ten years or more, life imprisonment or death, the investigating officer must ordinarily file the police report (chargesheet) within:
a30 days from the date of arrest
b120 days from the date of cognizance
c60 days from the date of registration of the FIR
d90 days from the date of registration of the FIR
Answer: D
Section 193 of the BNSS, 2023 sets a 90-day outer limit for filing the police report in graver offences (punishable with ten years or more, life, or death) and 60 days for other offences, reflecting the Sanhita's emphasis on time-bound investigation.
Under the BNSS, 2023, the recording of confessions and statements by a Magistrate (corresponding to Section 164 of the old CrPC) is provided under:
aSection 180
bSection 183
cSection 176
dSection 164
Answer: B
Section 183 of the BNSS, 2023 corresponds to Section 164 of the old CrPC and governs the recording of confessions and statements by a Magistrate during investigation.
Under the BNSS, 2023, it is the statutory duty of which Government to prepare and notify a Witness Protection Scheme?
aThe District Magistrate of each district
bThe High Court on the administrative side
cEvery State Government
dThe Central Government for the whole of India
Answer: C
Section 398 of the BNSS, 2023 is a new provision casting a statutory duty on every State Government to prepare and notify a Witness Protection Scheme for the protection of witnesses.
Under the BNSS, 2023, in offences punishable with imprisonment of seven years or more, the BNSS makes it mandatory for the investigating officer to:
aComplete the trial within 30 days
bArrest the accused within 24 hours
cObtain the visit of a forensic expert to the crime scene to collect forensic evidence
dRecord the FIR only after Magistrate's permission
Answer: C
Section 176(3) of the BNSS, 2023 makes it compulsory, for offences punishable with imprisonment of seven years or more, for a forensic expert to visit the crime scene and collect forensic evidence and record the process through audio-video means.
Under Section 27 of the Limitation Act, 1963, on the determination of the period limited for instituting a suit for possession of property, the consequence is that:
aOnly the remedy is barred but the right survives
bA fresh period of three years begins to run
cThe possessor must surrender possession to the true owner
dThe right to such property is extinguished
Answer: D
Section 27 is an exception to the general rule that limitation bars the remedy alone; once the period for a possession suit ends, the person's right to the property itself is extinguished.
For a suit for possession of immovable property based on title (where no other article applies), Article 65 of the Schedule to the Limitation Act, 1963 prescribes a period of:
a30 years from accrual of title
b12 years from the date of the plaintiff's purchase
c3 years from dispossession
d12 years from when the defendant's possession becomes adverse to the plaintiff
Answer: D
Article 65 prescribes twelve years for a title-based possession suit, computed from the date the defendant's possession becomes adverse to the plaintiff (not from dispossession, which governs Article 64).
A suit to obtain a declaration, where no specific article of the Schedule applies, is governed by Article 58 of the Limitation Act, 1963, which prescribes a period of three years computed from:
aWhen the right to sue last accrues
bThe date of the plaintiff's knowledge of the fraud
cThe date of the impugned decree
dWhen the right to sue first accrues
Answer: D
Article 58 fixes three years for a declaratory suit, and time runs from when the right to sue 'first' accrues, distinguishing it from articles that run from when the right to sue accrues generally.
Article 137 of the Schedule to the Limitation Act, 1963 — the residuary provision for applications for which no period is provided elsewhere — prescribes a limitation of:
a30 days
bSix years from when the right to apply accrues
cThree years from when the right to apply accrues
d90 days
Answer: C
Article 137, the residuary article for applications, prescribes three years computed from the date the right to apply accrues.
Where the prescribed period for instituting a suit, preferring an appeal or making an application expires on a day when the court is closed, Section 4 of the Limitation Act, 1963 allows it to be instituted or made:
aOn any day within the next thirty days
bOnly after obtaining condonation under Section 5
cOn the day when the court reopens
dOn the last working day preceding the closure
Answer: C
Section 4, an exception to the rigour of Section 3, permits the suit, appeal or application to be filed on the day the court reopens where the prescribed period expires on a day the court is closed.
The bar created by the law of limitation extinguishes the remedy but not the right, except in the case of:
aSuits for possession of property where Section 27 applies
bAppeals under Section 5
cSuits founded on contract
dApplications for execution of a decree
Answer: A
The general principle is that limitation bars only the remedy; Section 27 is the recognised exception, extinguishing the very right to property where a possession suit is not filed within time.
Under Section 17 of the Limitation Act, 1963, where a suit or application is based on the fraud of the defendant, the period of limitation does not begin to run until:
aThe cause of action first arises
bThree years from the date of the fraudulent act, in every case
cThe defendant admits the fraud in writing
dThe plaintiff has discovered the fraud or could, with reasonable diligence, have discovered it
Answer: D
Section 17 postpones the running of time in cases of fraud or mistake until the plaintiff has discovered the fraud or mistake, or could with reasonable diligence have discovered it.
The principle that, once time has begun to run, no subsequent disability or inability to institute a suit can stop it, is embodied in:
aSection 6 of the Limitation Act, 1963
bSection 9 of the Limitation Act, 1963
cSection 14 of the Limitation Act, 1963
dSection 18 of the Limitation Act, 1963
Answer: B
Section 9 lays down that where once time has begun to run, no subsequent disability or inability to sue stops it; the only statutory exception is the case of a debtor in possession under Section 6.
For the balance due upon a mutual, open and current account where there have been reciprocal demands between the parties, Article 1 of the Schedule to the Limitation Act, 1963 prescribes a period of:
aSix years from the date of the last reciprocal demand
bThree years from the close of the year in which the last item admitted or proved is entered in the account
cTwelve years from the first entry in the account
dThirty years from the opening of the account
Answer: B
Article 1 prescribes three years for the balance due on a mutual, open and current account, running from the close of the year in which the last item admitted or proved is entered in the account.
Q31Law 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:
aUterine blood is preferred to full blood
bHeirs related by full blood are preferred to heirs related by half blood
cHeirs related by half blood are preferred to heirs related by full blood
dHeirs of full blood and half blood take equally
Answer: B
Section 18 lays down that heirs related to the intestate by full blood are preferred to those related by half blood, provided the relationship is otherwise the same in every respect.
Q32Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 25 of the Hindu Succession Act, 1956, a person who commits murder or abets the commission of murder:
aIs disqualified from inheriting the property of the person murdered or any property in furtherance of the succession to which he committed the murder
bInherits, but holds the property in trust for the other heirs
cIs disqualified only if convicted by a criminal court within one year
dIs disqualified only where the murder was committed for gain
Answer: A
Section 25 disqualifies a murderer (or abettor) from inheriting the property of the person murdered, or any other property he may have furthered his succession to by committing the murder — an application of the principle that no one may profit from his own crime.
Q33Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 26 of the Hindu Succession Act, 1956, where a Hindu has ceased to be a Hindu by conversion to another religion, the children born to him after such conversion and their descendants are disqualified from inheriting the property of their Hindu relatives, unless:
aThey reconvert within twelve months of the death
bSuch children or descendants are Hindus at the time when the succession opens
cA competent court grants them leave to inherit
dThe conversion took place before 1956
Answer: B
Section 26 disqualifies the convert's children and their descendants, but the disqualification is lifted if such children/descendants are themselves Hindus at the time the succession opens. The convert himself is not disqualified.
Q34Law of Succession (Hindu Succession Act + Indian Succession Act)
Section 30 of the Hindu Succession Act, 1956 deals with testamentary succession. By virtue of this section, the interest of a male Hindu in a Mitakshara coparcenary property:
aCan never be disposed of by will and always passes by survivorship
bCan be willed only with the prior written consent of all coparceners
cCan be willed only after a partition by metes and bounds
dIs deemed to be property capable of being disposed of by him by will or other testamentary disposition
Answer: D
Section 30, with its Explanation, deems a male Hindu's undivided Mitakshara coparcenary interest to be property capable of testamentary disposition, overriding the rule of survivorship for that purpose.
Q36Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Indian Succession Act, 1925, a 'codicil' means:
aA will made by a soldier on active service
bThe grant of administration to the estate of a deceased person
cA copy of the will certified under the seal of a competent court
dAn instrument made in relation to a will, explaining, altering or adding to its dispositions, deemed to form part of the will
Answer: D
Section 2(b) of the Indian Succession Act, 1925 defines a codicil as an instrument made in relation to a will, explaining, altering or adding to its dispositions, and it is deemed to form part of the will.
Q37Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 105 of the Indian Succession Act, 1925, if a legatee does not survive the testator, the legacy:
aIs held in abeyance until the legatee's heirs are ascertained
bCannot take effect, but lapses and forms part of the residue of the testator's property, unless a contrary intention appears by the will
cVests in the executor absolutely for his own benefit
dPasses automatically to the legatee's legal representatives in all cases
Answer: B
Under Section 105, a legacy lapses if the legatee predeceases the testator and falls into the residue, unless the will discloses a contrary intention. (A statutory exception under Section 109 saves bequests to the testator's own lineal descendants.)
Q38Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Indian Succession Act, 1925, the requirement that a person having a nephew, niece or any nearer relative may bequeath property to religious or charitable uses only by a will executed at least twelve months before death and deposited within six months, is contained in:
aSection 118
bSection 105
cSection 63
dSection 213
Answer: A
Section 118 restricts bequests to religious or charitable uses by persons having a nephew, niece or nearer relative, requiring execution at least twelve months before death and deposit within six months.
Q39Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Indian Succession Act, 1925, the proper formalities for the execution of an unprivileged will — that the testator must sign or affix his mark, and the will must be attested by two or more witnesses each of whom has seen the testator sign or affix his mark — are laid down in:
aSection 59
bSection 222
cSection 74
dSection 63
Answer: D
Section 63 of the Indian Succession Act, 1925 prescribes the mode of execution of unprivileged wills, including signature/mark by the testator and attestation by two or more witnesses.
Q40Law of Succession (Hindu Succession Act + Indian Succession Act)
The general rules of succession to the property of a male Hindu dying intestate are contained in:
aSection 15
bSection 8
cSection 14
dSection 6
Answer: B
Section 8 lays down the general rules of succession for a male Hindu dying intestate, devolving first upon Class I heirs of the Schedule. Section 15 deals with female intestates and Section 6 with coparcenary interest.
The protection given to a transferee for consideration who, after taking reasonable care, deals in good faith with a person who is the ostensible owner of immovable property with the express or implied consent of the real owner, is found in:
aSection 43 of the Transfer of Property Act
bSection 41 of the Transfer of Property Act
cSection 53 of the Transfer of Property Act
dSection 38 of the Transfer of Property Act
Answer: B
Section 41 protects a bona fide transferee for value from the ostensible owner, provided the transferee took reasonable care to ascertain the transferor's power and acted in good faith.
Where a person erroneously represents that he is authorised to transfer certain immovable property and professes to transfer it for consideration, and afterwards acquires an interest in that property, the transfer operates at the option of the transferee on the interest so acquired. This rule, known as feeding the grant by estoppel, is in:
aSection 43 of the Transfer of Property Act
bSection 42 of the Transfer of Property Act
cSection 44 of the Transfer of Property Act
dSection 41 of the Transfer of Property Act
Answer: A
Section 43 enacts the doctrine of feeding the grant by estoppel; the after-acquired interest of the transferor feeds the earlier defective transfer at the transferee's option, as affirmed in Jumma Masjid, Mercara v. Kodimaniandra Deviah, AIR 1962 SC 847.
During the pendency of a suit in which a right to immovable property is directly and specifically in question, the property cannot be transferred so as to affect the rights of any party under any decree that may be made in the suit, except with leave of the court. This doctrine of lis pendens is contained in:
aSection 53 of the Transfer of Property Act
bSection 52 of the Transfer of Property Act
cSection 48 of the Transfer of Property Act
dSection 53A of the Transfer of Property Act
Answer: B
Section 52 embodies the doctrine of lis pendens (pendente lite nihil innovetur); a transfer during the pendency of the suit is not void but is subject to and bound by the result of the litigation.
By the Registration and Other Related Laws (Amendment) Act, 2001, the doctrine of part performance under Section 53A of the Transfer of Property Act was modified so that the transferee can claim its protection only where:
aThe contract need not be in writing if possession has been delivered
bThe contract to transfer is in writing and, if required to be registered, has been duly registered
cThe contract is oral but witnessed by two persons
dThe contract is registered but consideration has not yet been paid
Answer: B
Act 48 of 2001 omitted the words allowing an unregistered contract to be relied upon, so the written contract relied on for part performance under Section 53A must now be duly registered where registration is required.
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:
aBy delivery of the property
bBy an oral agreement followed by possession
cBy a registered instrument
dBy a written but unregistered instrument
Answer: C
Section 54 mandates that for tangible immovable property worth Rs. 100 or more, sale can be effected only by a registered instrument; below that value it may be made by registered instrument or by delivery of property.
Where the mortgagor delivers possession of the mortgaged property to the mortgagee and authorises him to retain possession until payment of the mortgage-money, and to receive the rents and profits in lieu of interest or in payment of the mortgage-money, the transaction under Section 58 of the Transfer of Property Act is called:
aA usufructuary mortgage
bA mortgage by conditional sale
cA simple mortgage
dAn English mortgage
Answer: A
Section 58(d) defines a usufructuary mortgage, in which the mortgagee is put in possession and appropriates rents and profits towards interest and/or principal, with no personal liability of the mortgagor to repay.
Under Section 58(e) of the Transfer of Property Act, the distinguishing feature of an English mortgage is that:
aThere is no personal covenant to repay and the remedy is only against the property
bThe mortgagor binds himself to repay on a certain date and transfers the property absolutely to the mortgagee, subject to a proviso for re-transfer on repayment
cThe mortgagee is put in possession and takes the rents in lieu of interest
dThe title deeds are deposited with the mortgagee without any writing
Answer: B
In an English mortgage under Section 58(e), the mortgagor binds himself to repay on a fixed date and transfers the property absolutely to the mortgagee, subject to a proviso that it will be re-transferred on payment of the mortgage-money.
In the absence of a contract or local usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes under Section 106 of the Transfer of Property Act is deemed to be a lease:
aFrom year to year, terminable by six months' notice
bFor a fixed period of one year, not terminable by notice
cAt will, terminable without any notice
dFrom month to month, terminable by fifteen days' notice
Answer: A
Section 106 deems a lease for agricultural or manufacturing purposes to be from year to year, terminable on the part of either lessor or lessee by six months' notice.
A gift of immovable property under Section 123 of the Transfer of Property Act can be made only:
aBy a registered instrument signed by or on behalf of the donor and attested by at least two witnesses
bBy a written but unattested instrument
cBy an oral declaration before two witnesses
dBy delivery of possession to the donee
Answer: A
Section 123 requires that a gift of immovable property be effected by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses; mere delivery of possession is insufficient.
Under Section 122 of the Transfer of Property Act, an essential element of a valid gift is that the transfer of property must be made:
aFor consideration, however nominal
bVoluntarily and without consideration, and the gift must be accepted by or on behalf of the donee during the lifetime of the donor and while he is capable of giving
cBy way of an irrevocable promise to transfer in the future
dOnly in favour of a person related to the donor by blood
Answer: B
Section 122 defines gift as a voluntary transfer of existing property made without consideration, which must be accepted by or on behalf of the donee during the donor's lifetime and while he is still capable of giving; failing acceptance, the gift is void.
Under the Bharatiya Nyaya Sanhita, 2023, criminal conspiracy is defined and made punishable under:
aSection 62
bSection 120A
cSection 45
dSection 61
Answer: D
Section 61 BNS defines criminal conspiracy as an agreement between two or more persons to do an illegal act, or a legal act by illegal means; it replaces Sections 120A and 120B IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of criminal breach of trust is dealt with under:
aSection 316
bSection 405
cSection 318
dSection 308
Answer: A
Section 316 BNS covers criminal breach of trust, corresponding to Sections 405 and 406 of the repealed IPC; cheating is dealt with separately under Section 318 BNS.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of cheating is defined in:
aSection 415
bSection 420
cSection 318
dSection 316
Answer: C
Section 318 BNS defines cheating, corresponding to Section 415 IPC; the aggravated form (cheating and dishonestly inducing delivery of property) carrying the old Section 420 punishment is found within Section 318 BNS.
Under the Bharatiya Nyaya Sanhita, 2023, defamation is defined and made punishable under:
aSection 356
bSection 80
cSection 499
dSection 318
Answer: A
Section 356 BNS deals with defamation and its punishment, including community service as a possible sentence; it replaces Sections 499 and 500 of the repealed IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the offences of kidnapping and abduction are dealt with respectively in:
aSections 189 and 190
bSections 137 and 138
cSections 359 and 362
dSections 115 and 116
Answer: B
Section 137 BNS defines kidnapping (from India and from lawful guardianship) and Section 138 BNS defines abduction, corresponding to the kidnapping/abduction provisions of the repealed IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of rape is defined in Section 63, and the general punishment for rape is provided in:
aSection 64
bSection 376
cSection 375
dSection 80
Answer: A
Section 63 BNS defines rape and Section 64 BNS prescribes the punishment (rigorous imprisonment of not less than ten years extending to life), corresponding to Sections 375 and 376 of the repealed IPC.
Under the Bharatiya Nyaya Sanhita, 2023, a person who does an act with such intention or knowledge that, had it caused death, he would be guilty of murder, commits the offence of 'attempt to murder' punishable under:
aSection 62
bSection 103
cSection 109
dSection 307
Answer: C
Section 109 BNS deals specifically with attempt to murder (corresponding to Section 307 IPC); Section 62 BNS contains the general provision on punishment for attempt where no separate provision exists.
The State of Odisha is one of the States to which the Fifth Schedule applies. The Fifth Schedule is given effect by which Article of the Constitution?
aArticle 244(1)
bArticle 243
cArticle 275
dArticle 244A
Answer: A
Article 244(1) provides that the provisions of the Fifth Schedule shall apply to the administration and control of Scheduled Areas and Scheduled Tribes in States other than Assam, Meghalaya, Tripura and Mizoram; Odisha is a Fifth Schedule State.
Under the Fifth Schedule, the power to make regulations for the peace and good government of a Scheduled Area, including restricting transfer of land by members of Scheduled Tribes, is vested in the:
aGovernor of the State
bTribes Advisory Council
cState Legislature
dPresident of India
Answer: A
Under paragraph 5(2) of the Fifth Schedule the Governor may make regulations for a Scheduled Area, including prohibiting or restricting transfer of land by or among members of the Scheduled Tribes; Odisha has framed such regulations.
Dr. B. R. Ambedkar described which Article as 'the very soul of the Constitution and the very heart of it'?
aArticle 14
bArticle 21
cArticle 19
dArticle 32
Answer: D
Ambedkar termed Article 32, the right to constitutional remedies, the heart and soul of the Constitution, as it guarantees the right to move the Supreme Court for enforcement of fundamental rights.
In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court propounded the doctrine that Parliament cannot, by amendment, alter or destroy the:
aDirective Principles of State Policy
bPreamble alone
cBasic structure of the Constitution
dFundamental Duties
Answer: C
Kesavananda Bharati (AIR 1973 SC 1461), decided by a 13-Judge Bench by a 7:6 majority, held that Parliament's amending power under Article 368 does not extend to altering or destroying the basic structure of the Constitution.
In In re Berubari Union (1960), the Supreme Court held that cession of Indian territory to a foreign State can be effected only by:
aA constitutional amendment under Article 368
bA resolution of the State Legislature concerned
cAn executive agreement of the Union Government
dAn ordinary law of Parliament under Article 3
Answer: A
In re Berubari Union (AIR 1960 SC 845) held that Article 3 does not authorise cession of territory to a foreign State, which can be effected only by a constitutional amendment under Article 368.
All-India Services common to the Union and the States may be created under Article 312 only if the Rajya Sabha so resolves, supported by:
aAn absolute majority of the total membership
bNot less than two-thirds of the members present and voting
cThree-fourths of the members present and voting
dA simple majority of members present and voting
Answer: B
Article 312(1) requires the Rajya Sabha to declare, by a resolution supported by not less than two-thirds of the members present and voting, that creation of one or more All-India Services is necessary in the national interest.
The Finance Commission is to be constituted by the President at the expiration of every:
aFourth year
bSixth year
cFifth year
dThird year
Answer: C
Under Article 280(1) the President constitutes a Finance Commission within two years of commencement and thereafter at the expiration of every fifth year, or earlier if he considers it necessary.
The constitutional safeguard that no civil servant shall be dismissed or removed by an authority subordinate to that which appointed him is contained in:
aArticle 309
bArticle 310(1)
cArticle 311(1)
dArticle 311(2)
Answer: C
Article 311(1) bars dismissal or removal of a civil servant by an authority subordinate to that by which he was appointed; Article 311(2) further requires an inquiry with reasonable opportunity of being heard.
The doctrine of pleasure, under which members of the civil services hold office during the pleasure of the President or the Governor, is embodied in:
aArticle 309
bArticle 310
cArticle 312
dArticle 311
Answer: B
Article 310 embodies the doctrine of pleasure, providing that civil servants of the Union hold office during the pleasure of the President and those of a State during the pleasure of the Governor, subject to the safeguards in Article 311.
Subjects such as 'Public order' and 'Police' are enumerated in which List of the Seventh Schedule?
aResiduary entry
bState List
cUnion List
dConcurrent List
Answer: B
Under the Seventh Schedule (read with Article 246), 'Public order' (Entry 1) and 'Police' (Entry 2) fall in the State List, over which the State Legislature has exclusive power to legislate.
Statements made by a person as to the cause of his death are relevant under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) under:
aSection 55
bSection 27
cSection 29
dSection 26
Answer: D
Section 26 of the BSA makes a dying declaration—a statement as to the cause of death or circumstances of the transaction resulting in death—relevant (corresponding to s.32 IEA).
The opinion of a person specially skilled in foreign law, science, art, or in questions as to identity of handwriting or finger impressions, is relevant under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) under:
aSection 43
bSection 41
cSection 39
dSection 38
Answer: C
Section 39 of the BSA makes the opinion of experts on foreign law, science, art, handwriting or finger impressions relevant (corresponding to s.45 IEA).
Oral evidence under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) must in all cases be:
aGiven on oath before a Magistrate
bReduced to writing
cDirect
dCorroborated by documentary evidence
Answer: C
Section 55 of the BSA requires that oral evidence must in all cases be direct, that is, of a fact which could be seen, heard or perceived by the witness himself (corresponding to s.60 IEA).
Under Section 60 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), secondary evidence may be given of the existence, condition or contents of a document when:
aThe opposite party consents in writing in every case
bThe original is shown to be in the possession of the party offering it
cThe party merely finds it convenient to produce a copy
dThe original has been destroyed or lost, or cannot for any other reason be produced in reasonable time
Answer: D
Section 60 of the BSA permits secondary evidence inter alia where the original is destroyed or lost, or cannot be produced for reasons not arising from the party's own default or neglect (corresponding to s.65 IEA).
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the burden of proving that a person is alive who has not been heard of for seven years by those who would naturally have heard of him lies on:
aThe person who affirms it
bThe person who denies it
cThe State
dThe Court suo motu
Answer: A
Under sections 110 and 111 of the BSA (the proviso in section 111), where a person has not been heard of for seven years by those who would naturally have heard of him, the burden of proving that he is alive shifts to the person who affirms it.
The doctrine of estoppel is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aSection 121
bSection 122
cSection 119
dSection 120
Answer: A
Section 121 of the BSA enacts the rule of estoppel: a person who has by declaration, act or omission caused another to believe and act upon a thing cannot deny its truth.
An accomplice is a competent witness against an accused person, and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. This is provided in:
aSection 138
bSection 119
cSection 124
dSection 139
Answer: A
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. (The enacted BSA text uses 'corroborated', unlike the 'uncorroborated' phrasing of the repealed s.133 IEA.)
Leading questions, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), may be asked in:
aNo stage of the examination of a witness
bExamination-in-chief only
cRe-examination only
dCross-examination
Answer: D
Under section 146 of the BSA, leading questions may be asked in cross-examination, while they may not be asked in examination-in-chief or re-examination except with the Court's permission.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), no particular number of witnesses is required for the proof of any fact. This rule is contained in:
aSection 142
bSection 124
cSection 139
dSection 138
Answer: C
Section 139 of the BSA provides that no particular number of witnesses shall in any case be required for the proof of any fact, embodying the principle that evidence is weighed, not counted.
Q82Contract Act (incl. Sale of Goods / commercial)
On payment of the guaranteed debt, the surety is invested with all the rights which the creditor had against the principal debtor. This right of the surety is known as the right of:
aSubrogation
bSet-off
cContribution
dIndemnity
Answer: A
Under Section 140, upon payment or performance the surety steps into the shoes of the creditor and acquires all his rights against the principal debtor — the right of subrogation.
Q83Contract Act (incl. Sale of Goods / commercial)
A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or of any other person is called a contract of:
aGuarantee
bIndemnity
cAgency
dBailment
Answer: B
Section 124 defines a contract of indemnity as a contract by which one party promises to save the other from loss caused by the conduct of the promisor himself or of any other person.
Q84Contract Act (incl. Sale of Goods / commercial)
A general lien, in the absence of a contract to the contrary, is available to:
aA finder of goods only
bA pawnee only
cBankers, factors, wharfingers, attorneys of a High Court and policy-brokers
dAn ordinary bailee for repair only
Answer: C
Section 171 confers a general lien on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers; ordinary bailees and pawnees have only a particular lien.
Q86Contract Act (incl. Sale of Goods / commercial)
Under the Sale of Goods Act, 1930, where the transfer of 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:
aAn agreement to sell
bA hire-purchase
cA bailment
dA sale
Answer: A
Under Section 4, it is a 'sale' when property passes immediately; where it is to pass at a future time or on a condition, it is an 'agreement to sell'.
Q87Contract Act (incl. Sale of Goods / commercial)
Under Section 12 of the Sale of Goods Act, 1930, a stipulation collateral to the main purpose of the contract, the breach of which gives rise only to a claim for damages but not a right to reject the goods, is a:
aRepresentation
bGuarantee
cWarranty
dCondition
Answer: C
Section 12(3) defines a warranty as a stipulation collateral to the main purpose of the contract, breach of which gives rise to a claim for damages but not a right to reject the goods and treat the contract as repudiated.
Q88Contract Act (incl. Sale of Goods / commercial)
The maxim 'caveat emptor' under the Sale of Goods Act, 1930 is subject to exceptions. Where the buyer makes known to the seller the particular purpose for which the goods are required and relies on the seller's skill or judgment, there is an implied condition that the goods shall be reasonably fit for that purpose. This is provided in:
aSection 15
bSection 14
cSection 16
dSection 17
Answer: C
Section 16(1) is an exception to caveat emptor: where the buyer makes the purpose known and relies on the seller's skill or judgment, there is an implied condition that the goods are reasonably fit for that purpose.
Q89Contract Act (incl. Sale of Goods / commercial)
The rule 'nemo dat quod non habet' under the Sale of Goods Act, 1930 means that, as a general rule:
aA buyer always acquires a good title even from a thief
bPossession is equivalent to ownership
cThe buyer acquires no better title to the goods than the seller had
dProperty in the goods never passes to the buyer
Answer: C
Section 27 embodies the rule nemo dat quod non habet — where goods are sold by a non-owner without authority or consent, the buyer acquires no better title than the seller had, subject to the stated exceptions.
Q90Contract Act (incl. Sale of Goods / commercial)
Under Section 19 of the Sale of Goods Act, 1930, in a contract for the sale of specific or ascertained goods, the property in them passes to the buyer:
aAt such time as the parties intend it to be transferred
bOnly on payment of the price
cOnly on registration of the contract
dOnly on delivery of the goods
Answer: A
Section 19 provides that in a sale of specific or ascertained goods, property passes when the parties to the contract intend it to pass, regard being had to the terms of the contract, the conduct of the parties and the circumstances of the case.
Under Section 16(c) of the Specific Relief Act, 1963, specific performance of a contract cannot be enforced in favour of a person who:
aHas paid the entire consideration in advance
bFails to prove that he has performed or has always been ready and willing to perform the essential terms of the contract to be performed by him
cIs a minor at the date of the contract
dHas obtained the contract through a registered agreement
Answer: B
Section 16(c) bars specific performance in favour of a person who fails to aver and prove that he has performed, or has always been ready and willing to perform, the essential terms of the contract on his part.
Specific performance of a part of a contract, where the part left unperformed forms a considerable part of the whole and does not admit of compensation in money, is dealt with under which provision of the Specific Relief Act, 1963?
aSection 20
bSection 14A
cSection 10
dSection 12
Answer: D
Section 12 governs specific performance of part of a contract; ordinarily the court will not direct specific performance of a part only, subject to the exceptions carved out in sub-sections (2) to (4).
A contract for the sale of land is made between A and B. B later sells the same land to C, who takes with notice of the earlier contract. Against whom may A enforce specific performance under Section 19 of the Specific Relief Act, 1963?
aAgainst neither, as the property has passed to a transferee
bOnly against B, the original contracting party
cAgainst B, and also against C as a subsequent transferee who took with notice
dAgainst C alone, since he holds the property
Answer: C
Section 19 permits specific performance against the contracting party and, inter alia, against a subsequent transferee who has taken the property otherwise than for value in good faith and without notice of the original contract; a transferee with notice is bound.
Under Section 20 of the Specific Relief Act, 1963 as substituted in 2018, before obtaining substituted performance of a contract through a third party, the aggrieved party must give the defaulting party written notice of not less than:
aSixty days
bFifteen days
cThirty days
dNinety days
Answer: C
The substituted Section 20 entitles the aggrieved party to substituted performance through a third party only after giving the defaulting party a written notice of not less than thirty days requiring performance.
The bar on a civil court granting an injunction in respect of contracts relating to infrastructure projects where it would cause hindrance or delay in their progress was introduced by the 2018 Amendment in:
aSection 20A
bSection 20B
cSection 20C
dSection 14A
Answer: A
Section 20A, inserted by the 2018 Amendment, prohibits a court from granting an injunction in a suit relating to a specified infrastructure project where granting it would cause impediment or delay in the progress or completion of the project.
Power of the court to engage one or more experts to assist it on any specific issue involved in a suit was conferred by the 2018 Amendment through which newly inserted provision of the Specific Relief Act, 1963?
aSection 20B
bSection 14A
cSection 26A
dSection 21A
Answer: B
Section 14A, inserted by the 2018 Amendment, empowers the court to engage experts on a specific issue; the expert's report forms part of the record and the parties may examine the expert in open court.
Rectification of a written instrument which, through fraud or a mutual mistake of the parties, does not express their real intention, is provided for under which section of the Specific Relief Act, 1963?
aSection 27
bSection 31
cSection 34
dSection 26
Answer: D
Section 26 allows either party or its representative-in-interest to seek rectification of an instrument which, due to fraud or mutual mistake, fails to express the parties' real intention.
Under Section 31 of the Specific Relief Act, 1963, a person may sue to have a written instrument adjudged void or voidable and ordered to be delivered up and cancelled where:
aHe has reasonable apprehension that the instrument, if left outstanding, may cause him serious injury
bThe instrument is merely inconvenient to him
cThe instrument is unregistered
dThe instrument is more than twelve years old
Answer: A
Section 31 permits cancellation of an instrument that is void or voidable against a person where he has reasonable apprehension that, if left outstanding, it may cause him serious injury, and the court considers it reasonable and proper to cancel it.
The proviso to Section 34 of the Specific Relief Act, 1963 bars a court from making a declaration of legal character or right where the plaintiff:
aIs not in possession of the property
bHas an alternative remedy under the Transfer of Property Act
cHas not paid the requisite court fee
dBeing able to seek further relief than a mere declaration, omits to do so
Answer: D
The proviso to Section 34 is mandatory: where the plaintiff is able to seek further relief than a mere declaration of title and omits to do so, the court shall not make the declaration.
Q100Protection of Women from Domestic Violence Act, 2005
Protection Officers under the Protection of Women from Domestic Violence Act, 2005 are appointed by:
aThe High Court
bThe District Magistrate
cThe Central Government
dThe State Government
Answer: D
Under Section 8, the State Government shall, by notification, appoint such number of Protection Officers in each district as it may consider necessary, who shall as far as possible be women.
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