Odisha Judiciary Mock Test 4 — Questions & Solutions
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Under the Code of Civil Procedure, 1908, the doctrine of 'res sub judice', which bars the trial of a subsequently instituted suit when a previously instituted suit between the same parties on the same matter is pending, is contained in:
aSection 11
bSection 10
cSection 21
dSection 9
Answer: B
Section 10 CPC embodies the rule of res sub judice and directs the court to stay the trial of a subsequently instituted suit. Section 11 deals with res judicata, which applies only after a matter has been finally decided.
The expression 'decree' as defined in the Code of Civil Procedure, 1908 is deemed to include:
aThe rejection of a plaint and the determination of any question within Section 144
bAn order made under appellate jurisdiction only
cAny order of dismissal for default
dAny adjudication from which an appeal lies as an appeal from an order
Answer: A
Section 2(2) CPC expressly provides that 'decree' shall be deemed to include the rejection of a plaint and the determination of any question within Section 144, but does not include dismissals for default or orders from which an appeal lies as an appeal from an order.
Rejection of a plaint under Order VII, Rule 11 of the Code of Civil Procedure, 1908 is:
aNeither a decree nor appealable
bA decree appealable under Section 96
cAn appealable order under Order XLIII
dRevisable only under Section 115
Answer: B
Because Section 2(2) CPC deems the rejection of a plaint to be a decree, an order rejecting a plaint under Order VII, Rule 11 is appealable as a first appeal under Section 96.
Under the Code of Civil Procedure, 1908, a second appeal to the High Court under Section 100 lies only on the ground that the case involves:
aA substantial question of law
bAny erroneous finding of the first appellate court
cA mixed question of law and fact
dAn error of fact apparent on the record
Answer: A
Section 100 CPC, as amended, permits a second appeal to the High Court only where the case involves a substantial question of law, which must be formulated by the court.
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 saved by:
aSection 148 CPC
bSection 153 CPC
cSection 151 CPC
dSection 152 CPC
Answer: C
Section 151 CPC saves the inherent powers of the court. Section 152 deals with correction of clerical/arithmetical mistakes, and Section 148 with enlargement of time.
Where a decree is varied or reversed in appeal, the application for restitution to place the parties in the position they would have occupied is governed by:
aSection 151 CPC
bSection 114 CPC
cSection 47 CPC
dSection 144 CPC
Answer: D
Section 144 CPC provides for restitution where a decree is varied or reversed, so that any benefit obtained under the reversed decree is restored.
Under the Code of Civil Procedure, 1908, 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, are to be determined by:
aA separate suit instituted for that purpose
bThe court which passed the original decree only
cThe High Court in exercise of revisional jurisdiction
dThe court executing the decree, and not by a separate suit
Answer: D
Section 47 CPC requires that all questions relating to the execution, discharge or satisfaction of a decree between the parties be determined by the executing court itself, and not by a separate suit.
An application to set aside the sale of immovable property in execution, on the ground of a material irregularity or fraud in publishing or conducting the sale, is provided under:
aOrder XXI, Rule 92 CPC
bOrder XXI, Rule 89 CPC
cOrder XXI, Rule 91 CPC
dOrder XXI, Rule 90 CPC
Answer: D
Order XXI, Rule 90 CPC permits the decree-holder, purchaser or any person whose interests are affected to apply to set aside a sale on the ground of material irregularity or fraud in publishing or conducting it.
Before instituting a suit against the Government or against a public officer in respect of an act purporting to be done in his official capacity, the Code of Civil Procedure, 1908 requires service of a notice under:
aSection 81
bSection 80
cSection 79
dSection 82
Answer: B
Section 80 CPC mandates a prior notice (ordinarily two months) before a suit is instituted against the Government or a public officer in respect of an official act.
Under the Code of Civil Procedure, 1908, the grant of a temporary injunction to restrain a defendant from disposing of or alienating the property in suit is governed by:
aOrder XL, Rule 1
bOrder XXXVIII, Rules 1 and 2
cSection 94 alone
dOrder XXXIX, Rules 1 and 2
Answer: D
Order XXXIX, Rules 1 and 2 CPC empower the court to grant temporary injunctions to preserve the subject matter of the suit. Order XXXVIII deals with arrest and attachment before judgment.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the order for maintenance of wives, children and parents is contained in:
aSection 125
bSection 154
cSection 146
dSection 144
Answer: D
Section 144 BNSS, 2023 re-enacts the old Section 125 CrPC, empowering a Magistrate to direct a person of sufficient means to maintain his wife, children or parents who are unable to maintain themselves.
The principle that a person once convicted or acquitted is not to be tried again for the same offence is now embodied in which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 337
bSection 351
cSection 341
dSection 300
Answer: A
Section 337 BNSS, 2023 corresponds to the old Section 300 CrPC and gives statutory effect to the doctrine of autrefois acquit and autrefois convict.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, legal aid to an accused at the expense of the State in certain cases is provided under:
aSection 339
bSection 341
cSection 304
dSection 351
Answer: B
Section 341 BNSS, 2023 re-enacts the old Section 304 CrPC, requiring the Court to assign a pleader at State expense to an accused who is not represented in a Sessions trial.
Where the investigation cannot be completed within twenty-four hours, the maximum period for which a Magistrate may authorise detention of an accused, in respect of an offence punishable with death, imprisonment for life or imprisonment for not less than ten years, under the Bharatiya Nagarik Suraksha Sanhita, 2023 is:
a90 days
b60 days
c75 days
d180 days
Answer: A
Under Section 187 BNSS, 2023 (the successor to Section 167 CrPC), the maximum detention is 90 days for offences punishable with death, life imprisonment or imprisonment of not less than ten years, and 60 days otherwise; thereafter the accused is entitled to default bail.
A notable feature of the Bharatiya Nagarik Suraksha Sanhita, 2023 is statutory recognition of the 'Zero FIR'. The registration of information relating to a cognizable offence irrespective of the territorial jurisdiction of the police station is dealt with under:
aSection 173
bSection 190
cSection 154
dSection 175
Answer: A
Section 173 BNSS, 2023 (corresponding to Section 154 CrPC) for the first time gives statutory backing to the Zero FIR, permitting registration of a cognizable offence irrespective of the jurisdiction of the police station.
Under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, with the prior permission of an officer not below the rank of Deputy Superintendent of Police, a preliminary enquiry may be conducted to ascertain whether a prima facie case exists, in respect of a cognizable offence punishable with:
aDeath or imprisonment for life
bThree years or more but less than seven years
cLess than three years
dSeven years or more
Answer: B
Section 173(3) BNSS, 2023 permits a preliminary enquiry (within 14 days) for cognizable offences punishable with three years or more but less than seven years, before proceeding to full investigation.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the power of the Court to examine the accused for the purpose of enabling him to explain the circumstances appearing in evidence against him is contained in:
aSection 351
bSection 313
cSection 356
dSection 341
Answer: A
Section 351 BNSS, 2023 corresponds to the old Section 313 CrPC; no oath is administered and the accused is not liable to punishment for refusing to answer or for giving false answers.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a forensic expert is mandatorily required to visit the scene of the crime to collect forensic evidence and cause videography of the process, in respect of every offence punishable with imprisonment for a term of:
aThree years or more
bSeven years or more
cFive years or more
dTen years or more
Answer: B
Section 176(3) BNSS, 2023 introduces a mandatory forensic visit to the crime scene for offences punishable with seven years' imprisonment or more, with videography of the collection process.
A Judicial Magistrate of the First Class, under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, may pass a sentence of imprisonment for a term not exceeding:
aSeven years
bTwo years
cThree years
dOne year
Answer: C
Section 23 BNSS, 2023 empowers a Magistrate of the First Class to pass a sentence of imprisonment up to three years, or fine up to fifty thousand rupees, or both, or community service.
In a summary trial under the Bharatiya Nagarik Suraksha Sanhita, 2023, no sentence of imprisonment exceeding which term may be passed on conviction?
aSix months
bThree months
cOne month
dOne year
Answer: B
Under the summary-trial provisions (Sections 283-288) of BNSS, 2023, the imprisonment that may be imposed on conviction cannot exceed three months, mirroring the old Section 262 CrPC.
Under Section 3 of the Limitation Act, 1963, where a suit is instituted after the prescribed period of limitation, the court:
aShall dismiss it only if the defendant pleads limitation as a defence
bShall return the plaint for presentation to the proper court
cMay condone the delay on sufficient cause and proceed with the suit
dShall dismiss it although limitation has not been set up as a defence
Answer: D
Section 3 makes the bar of limitation mandatory: every suit, appeal or application instituted after the prescribed period shall be dismissed even though limitation has not been set up as a defence. Section 5 condonation does not extend to suits.
The power to condone delay on 'sufficient cause' under Section 5 of the Limitation Act, 1963 is available in respect of:
aSuits only
bSuits and appeals only
cSuits, appeals and applications
dAppeals and applications (other than those under Order XXI CPC), but not suits
Answer: D
Section 5 permits extension of the prescribed period only for appeals and applications (excluding applications under Order XXI CPC) on sufficient cause being shown; it does not apply to suits.
Where the prescribed period for instituting a suit expires on a day when the court is closed, Section 4 of the Limitation Act, 1963 provides that the suit may be instituted:
aOnly with the leave of the court on sufficient cause
bWithin thirty days of the reopening of the court
cOn the day when the court reopens
dOn the last working day before the court closed
Answer: C
Section 4 provides that where the prescribed period expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day when the court reopens.
The principle that 'where once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it' is embodied in:
aSection 14 of the Limitation Act, 1963
bSection 17 of the Limitation Act, 1963
cSection 6 of the Limitation Act, 1963
dSection 9 of the Limitation Act, 1963
Answer: D
Section 9 enacts the rule of continuous running of time: once time has begun to run, no subsequent disability or inability stops it. The only statutory exception is the right to set off claims under the proviso.
Under Section 18 of the Limitation Act, 1963, a valid acknowledgment in writing of a liability, signed before the expiration of the prescribed period, has the effect that:
aThe running of limitation is suspended for thirty days
bThe extinguished right is revived for twelve years
cThe original period of limitation stands doubled
dA fresh period of limitation is computed from the time the acknowledgment was signed
Answer: D
Under Section 18, where an acknowledgment of liability is made in writing and signed before the prescribed period expires, a fresh period of limitation is computed from the time when the acknowledgment was so signed.
Section 27 of the Limitation Act, 1963 is regarded as exceptional because, unlike the rest of the Act, it provides for:
aCondonation of delay in suits for possession
bBar of the remedy only, the right remaining intact
cExtinguishment of the right to property itself on expiry of the period for a suit for possession
dA uniform period of thirty years for all property suits
Answer: C
Section 27 provides that on the determination of the period limited for instituting a suit for possession of any property, the person's right to that property is extinguished. It is the lone provision that extinguishes the right and not merely the remedy.
Under Section 25 of the Limitation Act, 1963, an easement of way claimed by prescription over property belonging to the Government must have been peaceably enjoyed as of right, without interruption, for a period of:
a60 years
b12 years
c30 years
d20 years
Answer: C
Section 25 fixes the prescriptive period at 20 years, but where the property over which the right is claimed belongs to the Government, the period of 'twenty years' is read as 'thirty years'.
Under Article 65 of the Schedule to the Limitation Act, 1963, a suit for possession of immovable property or any interest therein based on title must be filed within:
a3 years from the date of dispossession
b30 years from the date the possession of the defendant becomes adverse to the plaintiff
c12 years from the date the possession of the defendant becomes adverse to the plaintiff
d6 years from the date of dispossession
Answer: C
Article 65 prescribes 12 years for a suit for possession of immovable property based on title, the period running from when the defendant's possession becomes adverse to the plaintiff. Notably, here the burden of proving adverse possession lies on the defendant.
A suit to obtain a declaration of title for which no specific period is provided elsewhere in the Schedule falls under Article 58 of the Limitation Act, 1963, the prescribed period being:
a6 years
b1 year
c3 years
d12 years
Answer: C
Article 58 prescribes a period of 3 years for a suit to obtain any declaration, the time running from when the right to sue first accrues.
Where a suit is not provided for in any other Article of the Schedule to the Limitation Act, 1963, it is governed by the residuary Article 113, which prescribes a period of:
a12 years from when the right to sue accrues
b1 year from when the right to sue accrues
c3 years from when the right to sue accrues
d6 years from when the right to sue accrues
Answer: C
Article 113 is the residuary provision for suits not otherwise provided for and prescribes 3 years from the time the right to sue accrues.
Q31Law of Succession (Hindu Succession Act + Indian Succession Act)
Any property possessed by a female Hindu, whether acquired before or after the commencement of the Hindu Succession Act, 1956, shall be held by her as a full owner and not as a limited owner by virtue of:
aSection 15(1)
bSection 30
cSection 10
dSection 14(1)
Answer: D
Section 14(1) converts a female Hindu's limited estate into absolute ownership; sub-section (2) carves out an exception where the instrument itself prescribes a restricted estate.
Q32Law of Succession (Hindu Succession Act + Indian Succession Act)
Where a female Hindu dies intestate leaving behind no son, daughter or children of any predeceased son or daughter, but leaving property inherited from her father, such property under Section 15(2) of the Hindu Succession Act, 1956 devolves upon:
athe heirs of the husband
bthe heirs of the father
cthe mother and father equally
dthe heirs of the mother
Answer: B
Section 15(2)(a) provides that property inherited by a female from her father or mother, in the absence of her own children, reverts to the heirs of the father, not to the general order in Section 15(1).
Q33Law 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 is:
adisqualified only if convicted by a competent criminal court
bdisqualified from inheriting the property of the person murdered
centitled to a reduced share only
dentitled to inherit as the murder does not affect civil rights
Answer: B
Section 25 disqualifies a murderer or abettor of murder from succeeding to the property of the person murdered or to any property in furtherance of the succession to which the murder was committed.
Q34Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 27 of the Hindu Succession Act, 1956, where a person is disqualified from inheriting, the property devolves as if such person:
ahad died before the intestate
bhad become a convert
ccontinues to hold a contingent interest
dhad renounced his share in favour of the Crown
Answer: A
Section 27 provides that if any person is disqualified from inheriting under the Act, the property devolves as if that disqualified person had died before the intestate.
Q35Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Hindu Succession Act, 1956, in computing the degrees of relationship for determining heirs, full blood is preferred to half blood when the relationship is otherwise the same. This rule is found in:
aSection 18
bSection 13
cSection 12
dSection 19
Answer: A
Section 18 provides that heirs related to the intestate by full blood are preferred to those related by half blood, where the nature of relationship is the same in every other respect.
Q36Law of Succession (Hindu Succession Act + Indian Succession Act)
Where, after the Hindu Succession (Amendment) Act, 2005, a Hindu governed by Mitakshara law dies leaving an interest in joint family coparcenary property, that interest devolves:
aby survivorship only
bby escheat to the State
cby survivorship in respect of sons and by succession in respect of daughters
dby testamentary or intestate succession under the Act and not by survivorship
Answer: D
Amended Section 6 abolishes the doctrine of survivorship; the coparcener's interest now devolves by testamentary or intestate succession, the coparcenary being deemed to have been partitioned immediately before death.
Q37Law of Succession (Hindu Succession Act + Indian Succession Act)
A Hindu coparcener's power to dispose of his undivided interest in Mitakshara coparcenary property by will is expressly recognised by:
aSection 8 of the Hindu Succession Act, 1956
bSection 14 of the Hindu Succession Act, 1956
cSection 30 of the Hindu Succession Act, 1956
dSection 63 of the Indian Succession Act, 1925 alone
Answer: C
Section 30 permits a Hindu to dispose of by will any property capable of being so disposed of, including the undivided interest in Mitakshara coparcenary property; the 2005 amendment extended this to 'him or her'.
Q38Law of Succession (Hindu Succession Act + Indian Succession Act)
An unprivileged will under Section 63 of the Indian Succession Act, 1925 must be attested by:
aat least one witness
bthree or more witnesses who must sign simultaneously
ctwo or more witnesses, each of whom has seen the testator sign or affix his mark or has received his acknowledgment thereof
da notary public and one witness
Answer: C
Section 63(c) requires attestation by two or more witnesses, each having seen the testator sign or affix his mark (or having received the testator's acknowledgment of the signature) and each having signed in the presence of the testator.
Q39Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Indian Succession Act, 1925, a 'privileged will' under Section 65 may be made by:
aonly a serving military officer holding a commission
bany person of unsound mind during a lucid interval
cany testator who has completed the age of twenty-one years
da soldier employed in an expedition or engaged in actual warfare, an airman so employed, or a mariner at sea, having completed eighteen years
Answer: D
Section 65 confers the privilege of making an informal will on a soldier in an expedition or actual warfare, an airman so employed, or a mariner at sea, provided he has completed eighteen years of age.
Q40Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 66 of the Indian Succession Act, 1925, a privileged will:
ais valid only if reduced to writing within seven days
bmust be registered before a Sub-Registrar
cmay be made by word of mouth, and if wholly written by the testator's own hand need not be signed or attested
dmust always be in writing and attested by two witnesses
Answer: C
Section 66 relaxes formalities: a privileged will may be in writing or by word of mouth, and if written wholly in the testator's own hand it need neither be signed nor attested.
Under Section 6(a) of the Transfer of Property Act, 1882, the chance of an heir-apparent succeeding to an estate (spes successionis) is:
aTransferable like any other contingent interest
bNot transferable at all
cTransferable only with the consent of the present owner
dTransferable only after a registered instrument is executed
Answer: B
Section 6(a) expressly bars transfer of the mere chance of an heir-apparent succeeding to an estate; such a spes successionis is a future possibility and cannot be transferred.
'A', professing to be authorised to transfer certain land, fraudulently sells it to 'B' for consideration though he then had no title; 'A' subsequently acquires the title to that very land. Under the Transfer of Property Act, 'B' may:
aClaim nothing, the original transfer being void
bOnly sue for damages for fraud
cClaim the land only if the after-acquired title was gratuitous
dCompel the transfer to operate on the interest 'A' later acquires, at B's option, while the contract subsists
Answer: D
Section 43 (feeding the grant by estoppel) lets the transferee, at his option, claim the interest the transferor afterwards acquires, so long as the contract of transfer subsists and the property is still available.
The doctrine of 'feeding the grant by estoppel' is embodied in which section of the Transfer of Property Act, 1882?
aSection 41
bSection 42
cSection 43
dSection 44
Answer: C
Section 43 enacts the rule of feeding the grant by estoppel, whereby an interest acquired by the transferor after an unauthorised transfer feeds the earlier defective grant.
Where, with the consent of persons interested in immovable property, a person is the ostensible owner thereof and transfers it for consideration, the transfer is protected under Section 41 of the Transfer of Property Act only if the transferee:
aIs a bona fide relative of the ostensible owner
bHas registered the sale deed within four months
cHas taken reasonable care to ascertain the transferor's power to transfer and acted in good faith
dHas obtained the real owner's written consent before the transfer
Answer: C
Section 41 protects a transferee from an ostensible owner only when he acted in good faith and took reasonable care to ascertain that the transferor had power to make the transfer.
The principle of lis pendens, which subjects a transfer of property made during the pendency of a suit to the rights of the parties to that suit, is contained in:
aSection 48 of the Transfer of Property Act
bSection 53 of the Transfer of Property Act
cSection 52 of the Transfer of Property Act
dSection 53A of the Transfer of Property Act
Answer: C
Section 52 embodies the doctrine of lis pendens (ut lite pendente nihil innovetur); a transfer during the pendency of a suit affecting the property is subject to the decree in that suit.
The leading case of Mahomed Musa v. Aghore Kumar Ganguli is associated with which doctrine under the Transfer of Property Act?
aPart performance
bMarshalling of securities
cElection
dLis pendens
Answer: A
In Mahomed Musa v. Aghore Kumar Ganguli (Privy Council, 1914) the equity of part performance was recognised in India; it is a leading authority on part performance, not lis pendens.
Which of the following is NOT an essential requirement for invoking the doctrine of part performance under Section 53A of the Transfer of Property Act?
aThe contract has been registered under the Registration Act
bThe transferee has performed or is willing to perform his part of the contract
cA contract to transfer immovable property for consideration, in writing signed by or on behalf of the transferor
dThe transferee has taken or continued in possession in part performance of the contract
Answer: A
Section 53A requires a written, signed contract, possession in part performance, and the transferee's willingness to perform; it does not require the contract to be a registered instrument.
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:
aEither by registered instrument or by delivery of possession
bOnly by an instrument attested by two witnesses, registration being optional
cOnly by a registered instrument
dBy an oral agreement accompanied by delivery of possession
Answer: C
Section 54 provides that sale of tangible immovable property worth Rs.100 or more can be made only by a registered instrument; below Rs.100, it may be by registered instrument or by delivery.
A lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made under Section 107 of the Transfer of Property Act:
aBy oral agreement accompanied by delivery of possession
bEither orally or in writing at the option of the parties
cOnly by a registered instrument
dBy a simple unregistered writing signed by the lessor
Answer: C
Section 107 mandates that a lease from year to year, or exceeding one year, or reserving yearly rent, be made only by a registered instrument; other leases may be oral with delivery of possession.
Which of the following is NOT a mode of determination of a lease of immovable property under Section 111 of the Transfer of Property Act?
aBy express or implied surrender
bBy the lessee unilaterally abandoning possession without notice
cBy forfeiture for breach of an express condition
dBy efflux of the time limited by the lease
Answer: B
Section 111 lists determination by efflux of time, happening of an event, merger, express or implied surrender, forfeiture, and notice to quit; mere unilateral abandonment without notice is not a statutory mode.
Under the Bharatiya Nyaya Sanhita, 2023, a new form of punishment introduced for the first time, not found in the repealed Penal Code of 1860, is:
aCommunity service
bSolitary confinement
cForfeiture of property
dImprisonment for life
Answer: A
Section 4 BNS enumerates the kinds of punishment and, for the first time, lists 'community service' (defined in the Explanation as unpaid work benefiting the community). The other options existed under the IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of murder is punishable under:
aSection 302
bSection 103
cSection 300
dSection 101
Answer: B
Section 101 BNS defines murder (corresponding to old IPC s.300), while Section 103 BNS prescribes the punishment for murder (corresponding to old IPC s.302) — death or imprisonment for life and fine.
Under the Bharatiya Nyaya Sanhita, 2023, the definition of 'culpable homicide' is contained in:
aSection 100
bSection 101
cSection 105
dSection 299
Answer: A
Section 100 BNS defines culpable homicide (corresponding to old IPC s.299); Section 105 BNS provides the punishment for culpable homicide not amounting to murder.
Under the general exceptions of the Bharatiya Nyaya Sanhita, 2023, nothing is an offence done by a child below a certain age. That absolute immunity applies to a child:
aUnder nine years of age
bUnder seven years of age
cUnder twelve years of age
dUnder ten years of age
Answer: B
Section 20 BNS grants complete immunity to a child under seven years of age (doli incapax). Section 21 deals with a child above seven and under twelve of immature understanding.
Under the Bharatiya Nyaya Sanhita, 2023, the exemption from criminal liability for an act done by a person of unsound mind incapable of knowing the nature of the act is provided in:
aSection 28
bSection 20
cSection 84
dSection 22
Answer: D
Section 22 BNS embodies the defence of legal insanity (corresponding to old IPC s.84) — nothing is an offence done by a person who by reason of unsoundness of mind is incapable of knowing the nature of the act or that it is wrong or contrary to law.
Under the Bharatiya Nyaya Sanhita, 2023, when a criminal act is done by several persons in furtherance of the common intention of all, each is liable as if the act were done by him alone. This rule of joint liability is found in:
aSection 3(5)
bSection 149
cSection 34
dSection 3(4)
Answer: A
The common intention principle (old IPC s.34) is reproduced in Section 3(5) BNS, which falls under the general explanations of the Sanhita. It is a rule of evidence creating constructive joint liability.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of theft is defined and made punishable under:
aSection 316
bSection 304
cSection 378
dSection 303
Answer: D
Section 303 BNS defines theft and provides its punishment (corresponding to old IPC ss.378 and 379). Section 304 BNS deals with the newly carved-out offence of snatching.
The Bharatiya Nyaya Sanhita, 2023 introduced a distinct offence, not separately defined in the repealed Penal Code, where theft is committed by suddenly or quickly or forcibly seizing or grabbing movable property from a person. This offence is:
aRobbery
bExtortion
cSnatching
dDacoity
Answer: C
Section 304 BNS creates the new offence of 'snatching' — theft committed by suddenly, quickly or forcibly seizing, securing, grabbing or taking away movable property from a person or his possession.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of criminal breach of trust (consolidating old IPC sections 405 to 409) is dealt with under:
aSection 318
bSection 320
cSection 406
dSection 316
Answer: D
Section 316 BNS consolidates the provisions on criminal breach of trust. The general punishment has been enhanced from three years (old IPC s.406) to five years imprisonment.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of cheating is defined under:
aSection 420
bSection 415
cSection 318
dSection 316
Answer: C
Section 318 BNS defines cheating and prescribes its punishment (corresponding to old IPC ss.415 and 417, with aggravated cheating provisions also subsumed).
Under the Constitution of India, the writ jurisdiction conferred on the High Courts is, in one important respect, wider than that conferred on the Supreme Court. Which one of the following correctly states that difference?
aThe Supreme Court can issue all five writs, but a High Court can issue only habeas corpus and mandamus
bA High Court can issue writs only for enforcement of fundamental rights, whereas the Supreme Court can issue writs for any purpose
cBoth can issue writs only for enforcement of fundamental rights, but the High Court has wider territorial reach
dThe Supreme Court can issue writs only for enforcement of fundamental rights, whereas a High Court can issue writs both for enforcement of fundamental rights and for any other purpose
Answer: D
Article 32 empowers the Supreme Court to issue writs only for enforcement of fundamental rights, while Article 226 empowers a High Court to issue writs for enforcement of fundamental rights 'and for any other purpose', making the High Court's writ jurisdiction wider.
The President of India can be impeached for violation of the Constitution under Article 61. A resolution preferring the charge in either House of Parliament must be passed by:
aA majority of not less than two-thirds of the total membership of that House
bA majority of two-thirds of the members present and voting
cA majority of three-fourths of the total membership of that House
dA simple majority of the members present and voting
Answer: A
Under Article 61(2), the resolution preferring the charge for impeachment must be passed by a majority of not less than two-thirds of the total membership of the House.
Under the Constitution of India, the Finance Commission is constituted by the President:
aEvery year
bAt the expiration of every fifth year or earlier as the President considers necessary
cOnly once, at the commencement of the Constitution
dAt the expiration of every second year
Answer: B
Under Article 280(1), the President constitutes a Finance Commission at the expiration of every fifth year or at such earlier time as he considers necessary.
The question whether a Bill is a Money Bill or not is decided by:
aThe President of India
bThe Speaker of the Lok Sabha, whose decision is final
cA joint sitting of both Houses of Parliament
dThe Chairman of the Rajya Sabha
Answer: B
Under Article 110(3), if any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People (Lok Sabha) thereon is final.
In which landmark case did the Supreme Court of India first propound the 'basic structure' doctrine, holding that Parliament's power under Article 368 does not extend to altering the basic structure of the Constitution?
aShankari Prasad vs. Union of India
bMinerva Mills vs. Union of India
cSajjan Singh vs. State of Rajasthan
dKesavananda Bharati vs. State of Kerala
Answer: D
The basic structure doctrine was propounded by the Supreme Court in Kesavananda Bharati vs. State of Kerala (1973), holding that the amending power under Article 368 cannot be used to alter the basic structure of the Constitution.
A Proclamation issued under Article 356 (President's Rule), if approved by both Houses of Parliament, remains in force, subject to further extensions, for a maximum continuous period of:
aOne year
bThree years
cTwo years
dSix months
Answer: B
A Proclamation under Article 356 initially operates for six months and, with parliamentary approval every six months, can be extended to a maximum of three years.
Under Article 143 of the Constitution, the power to seek the advisory opinion of the Supreme Court on a question of law or fact of public importance is vested in:
aThe Parliament by resolution
bThe President of India
cThe Attorney-General for India
dThe Prime Minister
Answer: B
Article 143 empowers the President of India to refer a question of law or fact of public importance to the Supreme Court for its advisory opinion.
By the Constitution (42nd Amendment) Act, 1976, the words 'SOCIALIST' and 'SECULAR' were inserted in the Preamble. They describe India as a:
aSovereign Socialist Secular Democratic Republic
bSovereign Democratic Socialist Union
cSovereign Secular Socialist Monarchy
dSocialist Secular Federal Republic
Answer: A
The 42nd Amendment, 1976 inserted 'Socialist' and 'Secular' into the Preamble, so India is described as a 'Sovereign Socialist Secular Democratic Republic'.
The Comptroller and Auditor-General of India can be removed from his office in the same manner and on the same grounds as a:
aGovernor of a State
bMember of the Union Public Service Commission
cJudge of the Supreme Court
dChief Election Commissioner by the President alone
Answer: C
Under Article 148(1), the Comptroller and Auditor-General can be removed only in the like manner and on the like grounds as a Judge of the Supreme Court.
A confession made by an accused while in the custody of a police officer is provable against him under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) only when it is made:
aIn the immediate presence of a Magistrate
bIn the immediate presence of a senior police officer
cAfter the accused has been informed of his right to a lawyer
dVoluntarily and in writing before two witnesses
Answer: A
Section 23(2) of the BSA bars proof of a confession made in police custody unless it is made in the immediate presence of a Magistrate, which serves as a safeguard against coercion.
The proviso to section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) makes relevant so much of the information received from an accused in police custody as relates distinctly to the fact thereby discovered. This provision:
aApplies only when the information amounts to a full confession
bHas no application to a person in police custody
cApplies only to information given before a Magistrate
dApplies whether the information amounts to a confession or not
Answer: D
The proviso to section 23(2) of the BSA makes admissible that part of the information leading to discovery of a fact 'whether it amounts to a confession or not', provided the accused was in the custody of a police officer.
Under section 24 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the confession of one co-accused may be taken into consideration against another co-accused only when:
aThe confession is made before a police officer
bThey are being tried jointly for the same offence
cThe other co-accused has also confessed
dThey are tried separately for the same offence
Answer: B
Section 24 of the BSA permits the court to take a proved confession into consideration against a co-accused only where more persons than one are being tried jointly for the same offence.
A statement made by a person as to the cause of his death (dying declaration) under section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is relevant:
aOnly in criminal proceedings where the cause of death is in question
bOnly in civil proceedings relating to the estate of the deceased
cOnly if the declarant was under expectation of death
dIn both civil and criminal proceedings in which the cause of death comes into question
Answer: D
Under section 26(a) of the BSA, a statement as to the cause of death is relevant whether the proceeding is civil or criminal, so long as the cause of that person's death comes into question; expectation of death is not required.
Section 55 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) lays down the principle that:
aOral evidence may be hearsay if the maker is dead
bDocumentary evidence excludes oral evidence
cOral evidence must in all cases be direct
dAll facts must be proved by primary evidence
Answer: C
Section 55 of the BSA embodies the rule excluding hearsay by requiring that oral evidence must in all cases be direct, i.e., the witness must have perceived the fact himself.
Under Section 89 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the court may presume that signatures and the execution of a document are genuine where the document is proved or purported to be:
aTwenty years old
bSixty years old
cThirty years old
dTwelve years old
Answer: C
Section 89 BSA (the successor to Section 90 of the repealed IEA) permits the court to presume the genuineness of signature, handwriting and execution of a document that is thirty years old and produced from proper custody.
When a person is accused of an offence, the burden of proving the existence of circumstances bringing his case within a General Exception of the Bharatiya Nyaya Sanhita, 2023 lies, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), on:
aThe accused, and the court shall presume the absence of such circumstances
bThe prosecution throughout
cThe court of its own motion
dNeither party until evidence is led
Answer: A
Section 108 BSA (corresponding to Section 105 of the repealed IEA) places on the accused the burden of proving that his case falls within a General Exception or special exception, and directs the court to presume the absence of such circumstances.
Section 109 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides that when any fact is especially within the knowledge of any person, the burden of proving that fact is upon:
aHim who has such special knowledge
bThe prosecution in every case
cThe party who first asserts it
dThe party on whom the general burden of proof lies
Answer: A
Section 109 BSA (corresponding to Section 106 of the repealed IEA) is an exception to the general rule of Section 104 BSA; when a fact is especially within a person's knowledge, the burden of proving that fact lies upon that person.
Under Illustration (g) to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the court may presume that evidence which could be and is not produced:
aWould, if produced, be unfavourable to the person who withholds it
bIs irrelevant to the matter in issue
cMust be produced by the opposite party instead
dWould, if produced, be favourable to the person who withholds it
Answer: A
Illustration (g) to Section 119 BSA (corresponding to Section 114 of the repealed IEA) permits the court to draw an adverse presumption that evidence which could be produced and is withheld would, if produced, be unfavourable to the person who withholds it.
Which one of the following statements correctly reflects Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) relating to an accomplice?
aAn accomplice is not a competent witness against the accused
bAn accomplice is a competent witness against an accused person, and a conviction is not illegal merely because it proceeds upon his testimony
cA conviction based on the testimony of an accomplice is illegal in every case
dAn accomplice can testify only after being granted pardon
Answer: B
Section 138 BSA (the successor to Section 133 of the repealed IEA) declares an accomplice a competent witness against the accused and provides that a conviction is not illegal merely because it proceeds upon the testimony of an accomplice. (Note: the enacted Section 138 BSA actually reads 'corroborated testimony', a drafting departure from IEA s.133 which read 'uncorroborated'.) The rule of prudence appears in Illustration (b) to Section 119 BSA.
Q81Contract Act (incl. Sale of Goods / commercial)
Under Section 2(d) of the Indian Contract Act, 1872, consideration which has already moved before the formation of the promise is known as:
aExecutory consideration
bUnlawful consideration
cPast consideration
dIllusory consideration
Answer: C
Section 2(d) recognises that the act done 'has done or abstained from doing' — i.e. consideration may be past, present or future. Indian law, unlike strict English law, treats past consideration as valid consideration.
Q82Contract Act (incl. Sale of Goods / commercial)
A written and registered promise made out of natural love and affection between parties standing in a near relation to each other is enforceable, though without consideration, under:
aSection 10 of the Indian Contract Act, 1872
bSection 23 of the Indian Contract Act, 1872
cSection 2(h) of the Indian Contract Act, 1872
dSection 25(1) of the Indian Contract Act, 1872
Answer: D
Section 25 makes an agreement without consideration void, save for three exceptions; the first exception, S.25(1), covers a promise in writing and registered, made on account of natural love and affection between parties near in relation.
Q83Contract Act (incl. Sale of Goods / commercial)
Under Section 124 of the Indian Contract Act, 1872, a contract of indemnity is one by which a party promises to save the other from loss caused to him:
aOnly by the conduct of the promisor himself
bOnly by an act of God or accident
cBy the conduct of the promisor himself or by the conduct of any other person
dBy the conduct of a third person but not of the promisor
Answer: C
Section 124 defines a contract of indemnity as a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or by the conduct of any other person.
Q84Contract Act (incl. Sale of Goods / commercial)
In a contract of guarantee under Section 126 of the Indian Contract Act, 1872, the person to whom the guarantee is given is called the:
aPrincipal debtor
bIndemnifier
cSurety
dCreditor
Answer: D
Under Section 126, the person who gives the guarantee is the 'surety', the person in respect of whose default the guarantee is given is the 'principal debtor', and the person to whom the guarantee is given is the 'creditor'.
Q85Contract Act (incl. Sale of Goods / commercial)
The liability of the surety under Section 128 of the Indian Contract Act, 1872 is:
aAlways secondary and arises only after the creditor exhausts remedies against the principal debtor
bIndependent of and unconnected with the principal debtor's liability
cCo-extensive with that of the principal debtor unless otherwise provided by the contract
dLimited to one-half of the principal debtor's liability
Answer: C
Section 128 provides that the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided by the contract. The creditor need not first proceed against the principal debtor.
Q86Contract Act (incl. Sale of Goods / commercial)
A right to retain, as security for a general balance of account, any goods bailed — exercisable by bankers, factors, wharfingers, attorneys of a High Court and policy-brokers under Section 171 of the Indian Contract Act, 1872 — is known as:
aRight of stoppage in transit
bGeneral lien
cParticular lien
dEquitable set-off
Answer: B
Section 171 confers a general lien on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers, allowing them to retain goods bailed as security for a general balance of account, in the absence of a contract to the contrary.
Q87Contract Act (incl. Sale of Goods / commercial)
Under Section 172 of the Indian Contract Act, 1872, the bailment of goods as security for the payment of a debt or performance of a promise is called:
aHypothecation
bPledge
cLien
dMortgage
Answer: B
Section 172 defines 'pledge' as the bailment of goods as security for payment of a debt or performance of a promise; the bailor is the pawnor and the bailee the pawnee.
Q88Contract Act (incl. Sale of Goods / commercial)
The rule on remoteness of damages laid down in Hadley v. Baxendale is substantially embodied in which provision of the Indian Contract Act, 1872?
aSection 56
bSection 62
cSection 70
dSection 73
Answer: D
Section 73, dealing with compensation for loss or damage caused by breach of contract, is regarded as declaratory of the common-law rule in Hadley v. Baxendale on remoteness and measure of damages.
Q89Contract Act (incl. Sale of Goods / commercial)
Under Section 4 of the Sale of Goods Act, 1930, where under a contract of sale the transfer of property in the goods is to take place at a future time or subject to a condition thereafter to be fulfilled, the contract is called:
aA hire-purchase
bAn agreement to sell
cA sale
dAn executed sale
Answer: B
Section 4 distinguishes a 'sale' (property passes at once) from an 'agreement to sell' (property is to pass at a future time or on fulfilment of a condition). An agreement to sell ripens into a sale when the time elapses or the condition is fulfilled.
Q90Contract Act (incl. Sale of Goods / commercial)
Under Section 12 of the Sale of Goods Act, 1930, a stipulation essential to the main purpose of the contract, the breach of which gives a right to treat the contract as repudiated, is:
aA collateral term
bA representation
cA warranty
dA condition
Answer: D
Section 12(2) defines a 'condition' as a stipulation essential to the main purpose of the contract whose breach gives a right to repudiate, whereas a 'warranty' (S.12(3)) is collateral and its breach gives only a right to claim damages.
A perpetual injunction restraining the breach of an obligation may be granted under Section 38 of the Specific Relief Act, 1963 where the defendant invades or threatens to invade the plaintiff's right to property, in which of the following cases?
aIn all of the above cases
bWhere there exists no standard for ascertaining the actual damage caused by the invasion
cWhere compensation in money would not afford adequate relief
dWhere the defendant is trustee of the property for the plaintiff
Answer: A
Section 38(3) enumerates these situations, also including where the injunction is necessary to prevent a multiplicity of judicial proceedings, as grounds for granting a perpetual injunction.
Under Section 41(h) of the Specific Relief Act, 1963, an injunction cannot be granted when equally efficacious relief can certainly be obtained by any other usual mode of proceeding, EXCEPT in case of:
aNuisance
bBreach of contract
cDefamation
dBreach of trust
Answer: D
Section 41(h) bars an injunction where equally efficacious relief can certainly be obtained by another usual mode of proceeding, but it carves out an express exception for cases of breach of trust.
A person dispossessed of immovable property without his consent, otherwise than in due course of law, may file a summary suit for recovery of possession under Section 6 of the Specific Relief Act, 1963 only within:
asix months from the date of dispossession
bone year from the date of dispossession
cthree years from the date of dispossession
dtwelve years from the date of dispossession
Answer: A
Section 6(2)(a) bars a suit brought after the expiry of six months from the date of dispossession, and this period cannot be extended by Section 5 of the Limitation Act.
Against an order or decree passed in a suit instituted under Section 6 of the Specific Relief Act, 1963:
aboth an appeal and a review lie
bno appeal and no review lie, but the order is open to revision
conly an appeal lies, but no review
donly a review lies, but no appeal
Answer: B
Section 6(3) expressly bars any appeal from, and any review of, an order or decree under the section; the High Court's revisional jurisdiction, however, remains available.
Under Section 8 of the Specific Relief Act, 1963, a person having possession or control of an article of movable property of which he is not the owner may be compelled to deliver it to the person entitled to its immediate possession where:
athe thing is held by the defendant as the agent or trustee of the plaintiff
ball of the above
cit is extremely difficult to ascertain the actual damage caused by its loss
dcompensation in money would not afford the plaintiff adequate relief
Answer: B
Section 8 enumerates four cases—agent/trustee, inadequacy of money compensation, difficulty in ascertaining damage, and wrongful transfer of possession from the plaintiff—in any of which specific delivery may be compelled.
After the Specific Relief (Amendment) Act, 2018, the position regarding specific performance of a contract under Section 10 is that:
ait is available only for contracts relating to immovable property
bit can never be granted where damages are an available remedy
cit shall be enforced by the court subject only to Sections 11(2), 14 and 16
dit remains a purely discretionary relief to be granted only where compensation is inadequate
Answer: C
The 2018 amendment recast Section 10 to make specific performance the general rule, enforceable subject to Sections 11(2), 14 and 16, removing the earlier discretionary 'inadequacy of compensation' threshold.
Specific performance of a part of a contract, where the part left unperformed is small in proportion to the whole and admits of compensation in money, is dealt with under:
aSection 12 of the Specific Relief Act
bSection 10 of the Specific Relief Act
cSection 16 of the Specific Relief Act
dSection 14 of the Specific Relief Act
Answer: A
Section 12 governs specific performance of part of a contract, allowing the court under sub-section (2) to direct performance of the larger part with compensation for the small deficient portion.
Q100Protection of Women from Domestic Violence Act, 2005
The right of every woman in a domestic relationship to reside in the shared household, whether or not she has any right, title or beneficial interest in it, is conferred by:
aSection 17
bSection 19
cSection 12
dSection 20
Answer: A
Section 17(1) provides that every woman in a domestic relationship has the right to reside in the shared household, irrespective of whether she has any right, title or beneficial interest in it; she cannot be evicted save in accordance with the procedure established by law.
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