Odisha Judiciary Mock Test 5 — Questions & Solutions
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Under Section 24 of the Code of Civil Procedure, 1908, a High Court or District Court may transfer a suit, appeal or other proceeding:
aOnly after the issues have been framed
bEither on the application of any party or of its own motion, at any stage
cOnly with the consent of all parties to the proceeding
dOnly on the application of a party and never of its own motion
Answer: B
Section 24 CPC empowers the High Court or District Court to transfer and withdraw cases either on the application of a party (after notice) or suo motu, at any stage of the proceeding.
The power of a civil court to award compensatory costs in respect of a false or vexatious claim or defence is contained in:
aSection 35B CPC
bSection 35A CPC
cSection 36 CPC
dSection 35 CPC
Answer: B
Section 35A CPC provides for compensatory costs where a claim or defence is found to be false or vexatious. Section 35B deals with costs for causing delay.
Under the proviso to Section 60(1) of the Code of Civil Procedure, 1908, in the case of any other salary or allowances of a private employee, the portion exempt from attachment, after the first one thousand rupees, is:
aTwo-thirds of the remaining salary or allowances
bThe whole of the salary
cOne-half of the remaining salary or allowances
dOne-third of the remaining salary or allowances
Answer: A
Under Section 60(1)(i) CPC, salary to the extent of the first one thousand rupees and two-thirds of the remainder is exempt from attachment (in the case of salary not being that of Government servants/railway/local authority employees).
A review of a judgment by the court which passed the decree or made the order, on the ground of discovery of new and important matter or evidence, or a mistake or error apparent on the face of the record, is provided under:
aSection 96 read with Order XLI
bSection 114 read with Order XLVII
cSection 115 read with Order XLVI
dSection 100 read with Order XLII
Answer: B
Section 114 CPC, read with Order XLVII, confers the power of review on the court that passed the decree or order. Section 115 deals with revision by the High Court.
Where the subject matter of two suits is a set-off and a cross-demand, and separate decrees are passed in each suit, the holder of one decree may set it off against the other under the provisions of the Code of Civil Procedure, 1908 relating to:
aAdjustment of decrees under Order XX, Rule 11
bCounterclaim under Order VIII, Rule 6A
cExecution of cross-decrees under Order XXI, Rule 18
dEquitable set-off under Order VIII, Rule 6
Answer: C
Order XXI, Rule 18 CPC governs the execution of cross-decrees, allowing the smaller decree to be set off against the larger when both are for payment of money between the same parties.
The doctrine of res judicata, which bars the trial of a suit or issue already directly and substantially decided between the same parties in a former suit, is embodied in:
aSection 11 of CPC
bSection 12 of CPC
cSection 9 of CPC
dSection 10 of CPC
Answer: A
Section 11 CPC contains the rule of res judicata; Section 10 deals with stay of suit (res sub judice). The maxim underlying it is nemo debet bis vexari pro una et eadem causa.
No appeal lies, except on a question of law, from a decree in a suit of the nature cognizable by Courts of Small Causes where the amount or value of the subject-matter of the original suit does not exceed:
aTen thousand rupees
bFive thousand rupees
cTwenty thousand rupees
dThree thousand rupees
Answer: A
Section 96(4) CPC bars an appeal except on a question of law in such small-cause-nature suits where the value does not exceed ten thousand rupees (raised from Rs.3,000 by the 1999 amendment, w.e.f. 1-7-2002).
Compensatory costs in respect of false or vexatious claims or defences may be awarded under Section 35A of CPC, but such costs shall not exceed:
aThree thousand rupees
bTen thousand rupees
cFive thousand rupees
dOne thousand rupees
Answer: A
Section 35A CPC caps compensatory costs for false or vexatious claims/defences at three thousand rupees (or the limit of the court's pecuniary jurisdiction, whichever is less). Section 35B separately deals with costs for causing delay.
All questions arising between the parties to the suit in which the decree was passed, and relating to the execution, discharge or satisfaction of the decree, shall be determined by:
aThe appellate court alone
bThe court executing the decree, and not by a separate suit
cThe High Court in its revisional jurisdiction
dA separate suit instituted for that purpose
Answer: B
Section 47 CPC requires all questions relating to the execution, discharge or satisfaction of the decree, between the parties, to be determined by the executing court and not by a separate suit.
Where a decree is varied or reversed in appeal, the application for restitution to restore the parties to the position they would have occupied but for the decree is to be made under:
aSection 47 of CPC
bSection 141 of CPC
cSection 144 of CPC
dSection 151 of CPC
Answer: C
Section 144 CPC provides for restitution by the court which passed the decree, on the application of any party entitled to a benefit by way of restitution after the decree is varied or reversed.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the appointment of an Assistant Public Prosecutor for conducting prosecutions in the Court of a Magistrate is dealt with under:
aSection 24
bSection 18
cSection 19
dSection 25
Answer: C
Section 19 BNSS, 2023 provides for Assistant Public Prosecutors (the old Section 25 CrPC), while Section 18 deals with Public Prosecutors (the old Section 24 CrPC).
A significant innovation of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the express provision permitting trial in absentia. The trial in the absence of a proclaimed offender who has absconded is dealt with under:
aSection 299
bSection 356
cSection 84
dSection 398
Answer: B
Section 356 BNSS, 2023 is a new provision allowing trial and judgment in absentia where a proclaimed offender has absconded to evade trial and there is no immediate prospect of arrest.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the entire process of search and seizure, including the preparation of the list of seized articles, is required to be recorded through audio-video electronic means. This requirement is contained in:
aSection 185
bSection 94
cSection 103
dSection 105
Answer: D
Section 105 BNSS, 2023 is a new provision mandating audio-video recording of search and seizure, with the recording to be forwarded forthwith to the District Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of the First Class.
Under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the informant or victim is required to be informed of the progress of the investigation, including by electronic communication, within a period of:
aThirty days
bNinety days
cSixty days
dFifteen days
Answer: B
Section 193(3) BNSS, 2023 introduces a new duty on the police to inform the informant or victim of the progress of the investigation within ninety days, including through electronic means.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, every police officer may, without an order from a Magistrate and without a warrant, arrest a person who commits a cognizable offence in the presence of such officer. This power is conferred by:
aSection 35
bSection 151
cSection 43
dSection 41
Answer: A
Section 35 BNSS, 2023 corresponds to the old Section 41 CrPC and sets out the circumstances in which a police officer may arrest without a warrant, including a cognizable offence committed in the officer's presence.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision corresponding to the old Section 125 CrPC, dealing with the order for maintenance of wives, children and parents, is:
aSection 145
bSection 125
cSection 152
dSection 144
Answer: D
Section 144 BNSS, 2023 re-enacts the substance of Section 125 of the old Code of Criminal Procedure, 1973 relating to maintenance of wives, children and parents.
Under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, no arrest of a person who is infirm or above sixty years of age, for an offence punishable with imprisonment for less than three years, shall be made without prior permission of an officer not below the rank of:
aInspector of Police
bDeputy Superintendent of Police
cSub-Divisional Magistrate
dSuperintendent of Police
Answer: B
The proviso to Section 35(7) BNSS, 2023 requires prior permission of an officer not below the rank of Deputy Superintendent of Police before arresting such a person.
Which Section of the Bharatiya Nagarik Suraksha Sanhita, 2023 introduces the registration of a First Information Report through electronic communication (e-FIR) and the recording of a 'zero FIR' irrespective of territorial jurisdiction?
aSection 175
bSection 190
cSection 154
dSection 173
Answer: D
Section 173 BNSS, 2023 (corresponding to Section 154 CrPC) now expressly permits information to be given by electronic communication and registration of a zero FIR irrespective of the area where the offence is committed.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum total period for which a Magistrate may authorise the detention of an accused in the custody of the police is:
aSeven days
bThirty days
cFifteen days
dFourteen days
Answer: C
Section 187 BNSS, 2023 caps police custody at fifteen days in the whole, but allows it to be taken in parts during the initial portion of the sixty or ninety day period of detention.
Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a new form of punishment that a Magistrate of the first class is empowered to impose, in addition to imprisonment and fine, is:
aSolitary confinement
bForfeiture of property
cCommunity service
dExternment
Answer: C
Section 23 BNSS, 2023 empowers Magistrates to order community service as a sentence, which the Explanation defines as unpaid work benefiting the community.
Under Article 136 of the Schedule to the Limitation Act, 1963, an application for execution of a decree of a civil court (other than one granting a mandatory or perpetual injunction) must be made within:
a6 years from the date of the decree
b30 years from the date the decree becomes enforceable
c12 years from the date the decree becomes enforceable
d3 years from the date of the decree
Answer: C
Article 136 prescribes 12 years for execution of a decree, running from the date the decree becomes enforceable. A decree granting a perpetual injunction is excepted and is not subject to any limitation period.
Article 137 of the Schedule to the Limitation Act, 1963 is the residuary article for applications for which no period of limitation is provided elsewhere. It prescribes a period of:
a3 years from when the right to apply accrues
b12 years from when the right to apply accrues
c90 days
d30 days
Answer: A
Article 137 governs any application for which no period of limitation is provided elsewhere in the Schedule, prescribing 3 years from when the right to apply accrues.
The protection given to persons under legal disability (minor, insane or idiot) to institute a suit or make an application after the disability ceases is contained in:
aSection 6 of the Limitation Act, 1963
bSection 12 of the Limitation Act, 1963
cSection 5 of the Limitation Act, 1963
dSection 18 of the Limitation Act, 1963
Answer: A
Section 6 enables a person who is a minor, insane or an idiot at the time from which the prescribed period is to be reckoned to institute the suit or make the application within the same period after the disability has ceased.
Under Section 3 of the Limitation Act, 1963, a suit instituted after the prescribed period of limitation:
aShall be dismissed only if the defendant pleads limitation as a defence
bShall be returned to the plaintiff for re-presentation within thirty days
cShall be dismissed although limitation has not been set up as a defence
dMay be entertained if the court records reasons in writing
Answer: C
Section 3 makes the bar of limitation a duty of the court: every suit, appeal or application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence.
Where the prescribed period for 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:
aOn the day immediately before the court closed
bOnly after obtaining the leave of the court to condone the delay
cWithin thirty days of the reopening of the court
dOn the day when the court reopens
Answer: D
Section 4 allows the suit, appeal or application to be instituted, preferred or made on the day the court reopens when the prescribed period expires on a day the court is closed.
The power to condone delay on sufficient cause being shown under Section 5 of the Limitation Act, 1963 is available to:
aSuits and appeals only
bApplications under Order XXI of the Code of Civil Procedure only
cSuits, appeals and applications alike
dAny appeal or application, but not to a suit
Answer: D
Section 5 permits an appeal or application (other than one under Order XXI CPC) to be admitted after the prescribed period for sufficient cause; it does not apply to suits.
An acknowledgment of liability under Section 18 of the Limitation Act, 1963 has the effect of starting a fresh period of limitation only if it is:
aMade orally before two attesting witnesses
bMade after the prescribed period has already expired
cIn writing and signed, and made before the expiration of the prescribed period
dIn writing, signed and registered, irrespective of the date on which made
Answer: C
Under Section 18, a fresh period runs only where an acknowledgment of liability in writing, signed by the party (or his agent), is made before the expiration of the prescribed period.
The doctrine of 'continuous running of time' embodied in Section 9 of the Limitation Act, 1963 means that:
aTime stops running the moment a subsequent disability arises
bTime does not run at all during the minority of the plaintiff
cWhere once time has begun to run, no subsequent disability or inability to institute a suit stops it
dTime runs afresh on each acknowledgment of liability
Answer: C
Section 9 lays down that once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it, save the exception of letters of administration.
Q31Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Indian Succession Act, 1925, 'probate' means:
aa deed of family settlement executed by the legatees
ban inventory of the deceased's movable assets
cthe copy of a will certified under the seal of a court of competent jurisdiction with a grant of administration to the estate of the testator
dan order directing partition of the testator's estate
Answer: C
Under the definition in Section 2 of the Act, probate is the certified copy of a will under the seal of a competent court accompanied by a grant of administration of the testator's estate to the executor.
Q32Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Indian Succession Act, 1925, a man may dispose, by gift made in contemplation of death (donatio mortis causa), of:
aany movable property which he could dispose of by will
bonly ancestral property
cboth movable and immovable property without limit
dany immovable property he owns
Answer: A
Section 191 permits a gift made in contemplation of death only of movable property which the donor could dispose of by will; it is conditional on the donor's death from the apprehended illness.
Q33Law of Succession (Hindu Succession Act + Indian Succession Act)
A legacy is bequeathed by a testator to A, and in case A dies before the testator, to B. A survives the testator. Under the Indian Succession Act, 1925, the bequest to B:
adoes not take effect
bpasses to the legal representatives of B
ctakes effect along with the bequest to A
dtakes effect to the extent of one-half
Answer: A
Where a legacy is given to one person with a substitution in favour of another only on the death of the first before the testator, the substituted bequest fails if the first legatee survives the testator and takes the legacy himself.
Q34Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Hindu Succession Act, 1956, when two or more heirs succeed together to the property of an intestate, they take the property:
aPer capita and as joint tenants
bPer capita and as tenants-in-common
cPer stirpes and as joint tenants
dPer stirpes and as tenants-in-common
Answer: B
Section 19 provides that heirs succeeding together take the property per capita (not per stirpes) and as tenants-in-common (not as joint tenants), save as otherwise expressly provided in the Act.
Q35Law of Succession (Hindu Succession Act + Indian Succession Act)
A female Hindu inherits certain immovable property from her husband and dies intestate without leaving any son or daughter (including children of any predeceased son or daughter). Such property shall devolve upon:
aThe heirs of the husband
bThe heirs of her mother
cHer mother and father
dThe heirs of her own father
Answer: A
Under Section 15(2)(b), property inherited by a female Hindu from her husband or father-in-law devolves, in the absence of any son or daughter, upon the heirs of the husband, not upon the heirs listed in the general order of Section 15(1).
Q36Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the rules in Section 10 of the Hindu Succession Act, 1956, where an intestate male leaves more than one widow, the widows together shall:
aTake a share double that of a son
bEach take one separate share
cTake one share together which they share equally among themselves
dBe excluded if a son survives
Answer: C
Rule 1 of Section 10 provides that the intestate's widow, or if there are more widows than one, all the widows together, shall take one share, which they divide equally among themselves.
Q37Law of Succession (Hindu Succession Act + Indian Succession Act)
One who is related to the deceased by blood or adoption wholly through males is, under the Hindu Succession Act, 1956, termed:
aA cognate
bAn agnate
cA sapinda
dA dependant
Answer: B
Section 3(1)(a) defines an 'agnate' as a person related to another by blood or adoption wholly through males; if the relationship is not wholly through males it is cognate under Section 3(1)(c).
Q38Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Hindu Succession Act, 1956, a person who commits or abets the murder of another:
aIs disqualified only from intestate succession but may take under a will
bIs disqualified from inheriting the property of the person murdered or any property he succeeds to in furtherance of the murder
cInherits normally if acquitted of the substantive charge in appeal
dInherits a reduced half share only
Answer: B
Section 25 disqualifies a person who commits or abets murder from inheriting the property of the person murdered, or any other property he or she may succeed to in furtherance of the succession to which the murder was committed or abetted.
Q39Law of Succession (Hindu Succession Act + Indian Succession Act)
Where an heir is disqualified from inheriting under the Hindu Succession Act, 1956, the property to which such heir would have been entitled devolves as if:
aSuch heir had never been born
bSuch heir had renounced his interest by registered deed
cSuch heir had died before the intestate
dThe intestate had died leaving a will excluding such heir
Answer: C
Section 27 provides that if a person is disqualified from inheriting any property under the Act, it devolves as if such person had died before the intestate.
Q40Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Hindu Succession Act, 1956, where an intestate or his heir is related to the deceased through two or more lines of descent, one of which is through full blood and another through half blood:
aThe heir of the full blood is preferred to the heir of the half blood if the nature of the relationship is the same in every other respect
bBoth take simultaneously in equal shares
cBoth are excluded in favour of uterine relations
dThe heir of the half blood is preferred
Answer: A
Section 18 lays down that heirs related to an intestate by full blood are preferred to heirs related by half blood, where the nature of the relationship is the same in every other respect.
A transaction by which two persons mutually transfer the ownership of one thing for the ownership of another, neither thing nor both things being money only, is defined under the Transfer of Property Act as:
aSale
bGift
cExchange
dCharge
Answer: C
Section 118 defines 'exchange' as the mutual transfer of ownership of one thing for another, where neither (or not both) is money only.
For a valid gift under Section 122 of the Transfer of Property Act, acceptance by the donee must be made:
aDuring the lifetime of the donor and while he is still capable of giving
bOnly after the gift deed is registered
cWithin a reasonable time after the donor's death
dAt any time, acceptance being unnecessary for immovable property
Answer: A
Under Section 122, a gift must be accepted by or on behalf of the donee during the lifetime of the donor and while he is still capable of giving; if the donee dies before acceptance, the gift is void.
Under Section 130 of the Transfer of Property Act, the transfer of an actionable claim can be effected:
aOnly by a registered instrument
bOnly by an instrument in writing signed by the transferor or his duly authorised agent
cOrally, provided notice is given to the debtor
dBy mere delivery of possession
Answer: B
Section 130 provides that the transfer of an actionable claim shall be effected only by an instrument in writing signed by the transferor or his duly authorised agent; oral transfer is not permitted, though registration is not required.
Where the mortgagor binds himself to repay the mortgage-money on a certain date and transfers the mortgaged property absolutely to the mortgagee, subject to a proviso that the mortgagee will re-transfer it on payment, the mortgage under Section 58 is a/an:
aMortgage by conditional sale
bUsufructuary mortgage
cAnomalous mortgage
dEnglish mortgage
Answer: D
Section 58(e) defines an English mortgage: the mortgagor binds himself to repay on a fixed date and transfers the property absolutely, subject to a proviso for re-transfer on payment.
Under Section 10 of the Transfer of Property Act, a condition in a transfer of property which absolutely restrains the transferee from parting with or disposing of his interest in the property is:
aValid only if the property is gifted
bValid and binding on the transferee
cVoid, the transferee taking the property as if the condition did not exist
dVoidable at the option of the transferor
Answer: C
Section 10 renders void any condition absolutely restraining alienation; the transferee takes the property free of such a clog, subject to limited exceptions (e.g., leases, transfers for the benefit of women not Hindu/Muslim/Buddhist).
Under Section 6(a) of the Transfer of Property Act, 1882, the mere chance of an heir-apparent succeeding to an estate (spes successionis):
aCannot be transferred
bCan be transferred only with the consent of the present owner
cCan be transferred for consideration only
dCan be transferred by a registered instrument
Answer: A
Section 6(a) expressly declares that the chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy, and other mere possibilities of a like nature cannot be transferred.
The doctrine of 'feeding the grant by estoppel', under which a transferor who had no title at the time of transfer but subsequently acquires it is bound to pass that title to the transferee, is contained in:
aSection 41 of the Transfer of Property Act
bSection 42 of the Transfer of Property Act
cSection 44 of the Transfer of Property Act
dSection 43 of the Transfer of Property Act
Answer: D
Section 43 embodies the rule of feeding the grant by estoppel; where a person fraudulently or erroneously represents that he is authorised to transfer property and later acquires interest in it, the transfer operates on that interest at the option of the transferee.
'A', the ostensible owner of land with the consent of the real owner 'R', sells it for value to 'B', who after taking reasonable care to ascertain A's power to transfer acts in good faith. The transfer is protected under:
aSection 53A of the Transfer of Property Act
bSection 43 of the Transfer of Property Act
cSection 51 of the Transfer of Property Act
dSection 41 of the Transfer of Property Act
Answer: D
Section 41 protects a transferee for consideration from an ostensible owner (one held out as owner with the real owner's consent) where the transferee acted in good faith after taking reasonable care to ascertain the transferor's authority.
The leading case 'Mahomed Musa v. Aghore Kumar Ganguli' is associated with which doctrine under the Transfer of Property Act?
aDoctrine of part performance
bDoctrine of election
cDoctrine of lis pendens
dDoctrine of marshalling
Answer: A
Mahomed Musa v. Aghore Kumar Ganguli is a leading authority on the doctrine of part performance, which was later given statutory recognition in Section 53A of the Act. It must not be confused with lis pendens (Section 52).
Under the Transfer of Property Act, in a mortgage where the mortgagor binds himself to repay the mortgage-money and transfers the property absolutely to the mortgagee, subject to a proviso that it shall be re-transferred on payment, the mortgage is a:
aUsufructuary mortgage
bSimple mortgage
cEnglish mortgage
dMortgage by conditional sale
Answer: C
Section 58(e) defines an English mortgage, marked by a personal covenant to repay coupled with an absolute transfer of the property subject to a proviso for re-transfer on payment of the mortgage-money.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of dowry death is provided under:
aSection 85
bSection 304B
cSection 86
dSection 80
Answer: D
Section 80 BNS deals with dowry death (corresponding to old IPC s.304B) — death of a woman by burns, bodily injury or otherwise than under normal circumstances within seven years of marriage, preceded by dowry-related cruelty; minimum punishment seven years up to life.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of rape is defined under:
aSection 63
bSection 64
cSection 376
dSection 375
Answer: A
Section 63 BNS defines rape (corresponding to old IPC s.375), while Section 64 BNS prescribes the punishment for rape (corresponding to old IPC s.376).
Under the Bharatiya Nyaya Sanhita, 2023, the right of private defence of the body extends to voluntarily causing the death of the assailant in certain assaults. This provision is found in:
aSection 96
bSection 34
cSection 100
dSection 38
Answer: D
Section 38 BNS specifies the situations (reasonable apprehension of death or grievous hurt, rape, kidnapping, etc.) in which the right of private defence of the body extends to causing death (corresponding to old IPC s.100).
Under the Bharatiya Nyaya Sanhita, 2023, the principle of joint liability whereby, when a criminal act is done by several persons in furtherance of the common intention of all, each is liable as if it were done by him alone, is contained in:
aSection 3(5)
bSection 61
cSection 190
dSection 34
Answer: A
Section 3(5) of the BNS, 2023 reproduces the erstwhile Section 34 IPC; like its predecessor it is only a rule of evidence creating constructive joint liability and is not a substantive offence.
The definition of 'murder' under the Bharatiya Nyaya Sanhita, 2023 is contained in:
aSection 103
bSection 101
cSection 100
dSection 300
Answer: B
Section 101 of the BNS defines murder (corresponding to the old Section 300 IPC), while Section 100 defines culpable homicide and Section 103 prescribes the punishment for murder.
Under the Bharatiya Nyaya Sanhita, 2023, where a murder is committed by a group of five or more persons acting in concert on the ground of race, caste, community, sex, place of birth, language or personal belief, the punishment is provided under:
aSection 117(4)
bSection 103(1)
cSection 103(2)
dSection 101
Answer: C
Section 103(2) of the BNS is a new provision (popularly the 'mob lynching' clause) punishing murder by a group of five or more on the enumerated discriminatory grounds with death or imprisonment for life and fine.
'Dowry death' is dealt with under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 85
bSection 304B
cSection 86
dSection 80
Answer: D
Section 80 of the BNS deals with dowry death (formerly Section 304B IPC), punishable with imprisonment of not less than seven years which may extend to imprisonment for life.
Which of the following offences is newly introduced for the first time as a distinct offence under the Bharatiya Nyaya Sanhita, 2023 with no specific equivalent section in the Indian Penal Code, 1860?
aSnatching
bDacoity
cExtortion
dRobbery
Answer: A
Section 304 of the BNS creates the new offence of 'snatching' (a species of theft committed by suddenly, quickly or forcibly seizing movable property); under the IPC such acts were prosecuted simply as theft.
Article 245 of the Constitution, dealing with the extent of laws made by Parliament and the State Legislatures, is interpreted on the basis of:
aThe doctrine of eclipse
bThe doctrine of colourable legislation
cThe doctrine of pith and substance
dThe doctrine of territorial nexus
Answer: D
Article 245(1) permits a State Legislature to make laws for the whole or any part of the State; its extra-territorial operation is tested by the doctrine of territorial nexus.
An amendment of the Constitution seeking to make a change in the provisions relating to the manner of election of the President under Article 54 requires, in addition to a special majority in each House, ratification by:
aThe Legislatures of not less than two-thirds of the States
bA simple majority of all the State Legislatures
cNo ratification by the States is required
dThe Legislatures of not less than one-half of the States
Answer: D
Under the proviso to Article 368(2), entrenched provisions such as the election of the President require ratification by the Legislatures of not less than one-half of the States in addition to the special majority.
In which case did the Supreme Court hold that the 'right to die' is not a fundamental right within the meaning of Article 21 and that Section 309 IPC was not unconstitutional?
aP. Rathinam vs. Union of India
bManeka Gandhi vs. Union of India
cCommon Cause vs. Union of India
dGian Kaur vs. State of Punjab
Answer: D
In Gian Kaur vs. State of Punjab (1996), a Constitution Bench held that the right to life under Article 21 does not include the right to die, overruling P. Rathinam.
Appointment of persons to be, and the posting and promotion of, district judges in any State shall be made by the Governor of the State in consultation with the High Court under:
aArticle 235
bArticle 233
cArticle 234
dArticle 236
Answer: B
Article 233(1) provides that appointment, posting and promotion of district judges is made by the Governor in consultation with the High Court exercising jurisdiction over the State.
The control over district courts and courts subordinate thereto, including the posting, promotion and grant of leave to persons holding any post inferior to that of district judge, is vested in the High Court by:
aArticle 234
bArticle 235
cArticle 233
dArticle 237
Answer: B
Article 235 vests in the High Court the control over district courts and courts subordinate thereto, a cornerstone of judicial independence at the subordinate level.
A person not already in the service of the Union or of the State is eligible to be appointed a district judge under Article 233(2) only if he has been an advocate or pleader for not less than:
aThree years
bTen years
cSeven years
dFive years
Answer: C
Under Article 233(2), such a person must have been an advocate or pleader for not less than seven years and must be recommended by the High Court for appointment.
Parliament may provide for the creation of one or more All India Services (including an all India judicial service) only if the Council of States declares by resolution supported by not less than two-thirds of the members present and voting that it is necessary in the national interest. This power flows from:
aArticle 310
bArticle 312
cArticle 315
dArticle 309
Answer: B
Article 312 empowers Parliament to create All India Services, including an all India judicial service, upon a two-thirds resolution of the Rajya Sabha in the national interest.
The power of a High Court to issue writs under Article 226 is wider than that of the Supreme Court under Article 32 because Article 226 permits issuance of writs:
aOnly for enforcement of fundamental rights
bOnly against the State and not private persons
cOnly with the prior sanction of the Governor
dFor enforcement of fundamental rights and for any other purpose
Answer: D
Article 226 allows a High Court to issue writs for enforcement of fundamental rights and 'for any other purpose', i.e. also for legal rights, making it wider than Article 32.
The right to free and compulsory education for all children of the age of six to fourteen years, inserted by the 86th Constitutional Amendment Act, 2002, is contained in:
aArticle 21
bArticle 21A
cArticle 45
dArticle 19(1)(g)
Answer: B
The 86th Amendment, 2002 inserted Article 21A making free and compulsory education for children aged six to fourteen a fundamental right.
In Indra Sawhney v. Union of India (1992), the Supreme Court, while upholding reservation under Article 16(4), held that reservations should ordinarily not exceed:
a27 percent
b33 percent
c50 percent
d60 percent
Answer: C
In Indra Sawhney (the Mandal Commission case), a nine-judge Bench fixed a general ceiling of 50% on reservations under Article 16(4), save in extraordinary circumstances.
The examination of a witness by the party who calls him is termed, under Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), as:
aRe-examination
bExamination-in-chief
cCross-examination
dLeading examination
Answer: B
Section 142 BSA (corresponding to Section 137 of the repealed IEA) defines examination-in-chief as the examination of a witness by the party who calls him; examination by the adverse party is cross-examination, and subsequent examination by the party who called him is re-examination.
Section 148 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) deals with the cross-examination of a witness as to:
aHis previous statements reduced to writing
bThe contents of public documents
cFacts especially within his knowledge
dHis character and antecedents
Answer: A
Section 148 BSA (corresponding to Section 145 of the repealed IEA) allows a witness to be cross-examined as to previous statements made by him in writing or reduced to writing, relevant to matters in question, without such writing being shown to him.
Secondary evidence relating to the contents of an electronic record is admissible under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) only on satisfaction of the conditions of:
aSection 39
bSection 79
cSection 63 read with the certificate under Section 63(4)
dSection 89
Answer: C
Section 63 BSA (which consolidates Sections 65A and 65B of the repealed IEA) forms a complete code for proof of electronic records; a certificate under Section 63(4) BSA is a condition precedent for admissibility of secondary electronic evidence, continuing the rule in Anvar P.V. and Arjun Panditrao Khotkar.
Where the prosecution proves that a person was travelling in a train without a ticket, the burden of proving that he had a ticket is on the accused. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) this rule is an application of:
aSection 109 (facts especially within knowledge)
bSection 119 (presumptions of fact)
cSection 104 (burden of proof generally)
dSection 105 (on whom burden lies)
Answer: A
Whether the passenger held a ticket is a fact especially within his own knowledge, so under Section 109 BSA (corresponding to Section 106 of the repealed IEA, and carrying the railway-ticket illustration) the burden of proving that fact shifts to him.
Under the Bharatiya Sakshya Adhiniyam, 2023, which section declares that any fact is relevant which shows or constitutes a motive or preparation for any fact in issue or relevant fact, and also deals with the relevancy of previous or subsequent conduct?
aSection 9
bSection 14
cSection 8
dSection 6
Answer: D
Section 6 of the BSA, 2023 (corresponding to Section 8 of the repealed Indian Evidence Act) covers motive, preparation and previous or subsequent conduct.
A is on trial for the murder of C. There is evidence that C was murdered by A and B, and that B said, 'A and I murdered C'. Under the Bharatiya Sakshya Adhiniyam, 2023, can the Court take B's statement into consideration against A?
aYes, provided the statement was recorded by a Magistrate
bNo, because the Court may consider such a confession against a co-accused only where they are tried jointly for the same offence
cNo, because a confession can never be used against any person other than its maker
dYes, because a confession is always evidence against everyone named in it
Answer: B
Section 24 of the BSA, 2023 (corresponding to Section 30 IEA) permits a confession of one accused to be considered against a co-accused only when both are being tried jointly for the same offence; here B is not on trial with A, so it cannot be used against A.
Under the Bharatiya Sakshya Adhiniyam, 2023, a statement made by a person as to the cause of his death, or as to any circumstance of the transaction which resulted in his death (a dying declaration), is dealt with in:
aSection 24
bSection 25
cSection 26
dSection 32
Answer: C
Section 26 of the BSA, 2023 (formerly Section 32 of the Indian Evidence Act) renders relevant statements of persons who cannot be called as witnesses, and clause (a) covers the dying declaration.
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that no confession made to a police officer shall be proved as against a person accused of any offence is contained in:
aSection 25(1)
bSection 23(1)
cSection 22(1)
dSection 24(1)
Answer: B
Section 23(1) of the BSA, 2023 (corresponding to Section 25 of the Indian Evidence Act) bars proof of a confession made to a police officer against the accused.
Where, in consequence of information received from an accused in police custody, a fact is discovered, so much of such information as relates distinctly to the fact discovered may be proved. Under the Bharatiya Sakshya Adhiniyam, 2023, this 'discovery' rule appears as:
aThe proviso to Section 23(2)
bSection 27 as a standalone section
cSection 22(2)
dThe proviso to Section 24
Answer: A
The discovery rule (formerly Section 27 of the Indian Evidence Act) is incorporated in the BSA, 2023 as the proviso to Section 23(2), which otherwise bars custodial confessions not made before a Magistrate.
Under the Bharatiya Sakshya Adhiniyam, 2023, when the Court has to form an opinion upon a point of foreign law, or of science or art, or as to identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters are relevant under:
aSection 51
bSection 39
cSection 47
dSection 45
Answer: B
Section 39 of the BSA, 2023 (formerly Section 45 of the Indian Evidence Act) makes the opinion of experts relevant on questions of foreign law, science, art, handwriting or finger impressions.
Q81Contract Act (incl. Sale of Goods / commercial)
Where there is a contract for the sale of unascertained goods, no property in the goods is transferred to the buyer unless and until the goods are ascertained. This rule is contained in:
aSection 20 of the Sale of Goods Act, 1930
bSection 18 of the Sale of Goods Act, 1930
cSection 26 of the Sale of Goods Act, 1930
dSection 23 of the Sale of Goods Act, 1930
Answer: B
Section 18 lays down that in a contract for the sale of unascertained goods, no property passes until the goods are ascertained. Ascertainment is a condition precedent to the passing of property.
Q82Contract Act (incl. Sale of Goods / commercial)
Under Section 26 of the Sale of Goods Act, 1930, unless otherwise agreed, the goods remain at the seller's risk until:
aThe property therein is transferred to the buyer
bThe buyer accepts the goods after inspection
cThe price is paid by the buyer
dThe goods are delivered to the buyer
Answer: A
Section 26 embodies the maxim res perit domino: risk prima facie passes with property. Goods remain at the seller's risk until property is transferred, after which they are at the buyer's risk whether or not delivery has been made.
Q83Contract Act (incl. Sale of Goods / commercial)
The maxim 'nemo dat quod non habet', subject to its statutory exceptions, finds its principal expression in which provision of the Sale of Goods Act, 1930?
aSection 30
bSection 19
cSection 39
dSection 27
Answer: D
Section 27 enacts the rule that where goods are sold by a person who is not the owner and without the owner's authority or consent, the buyer acquires no better title than the seller had, subject to exceptions such as the mercantile-agent proviso.
Q84Contract Act (incl. Sale of Goods / commercial)
Under the Sale of Goods Act, 1930, when an unpaid seller who has parted with possession of the goods learns that the buyer has become insolvent, the seller may resume possession while the goods are in transit. This right is the right of:
aWithholding delivery
bStoppage in transit
cLien
dRe-sale
Answer: B
The right of stoppage in transit (Sections 50-52) arises only on the buyer's insolvency and only after the seller has parted with possession but before the goods reach the buyer; it allows the unpaid seller to resume possession during transit.
Q85Contract Act (incl. Sale of Goods / commercial)
Under Section 230 of the Indian Contract Act, 1872, an agent who enters into a contract on behalf of his principal is presumed to be personally bound where:
aThe principal is disclosed and can be sued
bThe contract is reduced to writing and registered
cThe agent acts gratuitously without remuneration
dThe agent acts for a merchant resident abroad, or does not disclose his principal's name, or the disclosed principal cannot be sued
Answer: D
Section 230 provides that, in the absence of a contract to that effect, an agent is neither personally bound nor entitled to enforce; but personal liability is presumed where he contracts for a merchant resident abroad, does not disclose his principal, or where the principal, though disclosed, cannot be sued.
Q86Contract Act (incl. Sale of Goods / commercial)
Under Section 171 of the Indian Contract Act, 1872, which one of the following classes of persons does NOT enjoy a general lien in the absence of a contract to the contrary?
aFactors
bWharfingers
cPawnees
dBankers
Answer: C
Section 171 confers a general lien only on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers; a pawnee has only a particular lien on the pledged goods under Section 173.
Q87Contract Act (incl. Sale of Goods / commercial)
In Mohori Bibee v. Dharmodas Ghose (1903), the Privy Council held that an agreement entered into by a minor is:
aVoid ab initio
bValid but unenforceable
cVoidable at the option of the minor
dVoidable at the option of the other party
Answer: A
Reading Section 11 with Section 10 of the Contract Act, the Privy Council held that a minor is incompetent to contract and an agreement made by a minor is void ab initio, i.e. void from the very beginning.
Q88Contract Act (incl. Sale of Goods / commercial)
Under Section 128 of the Indian Contract Act, 1872, the liability of the surety is:
aLimited to one-half of the principal debtor's liability
bIndependent of and greater than that of the principal debtor
cSecondary and arises only after the creditor exhausts remedies against the principal debtor
dCo-extensive with that of the principal debtor, unless otherwise provided by the contract
Answer: D
Section 128 declares that the surety's liability is co-extensive with that of the principal debtor unless the contract otherwise provides; the creditor need not first proceed against the principal debtor.
Q89Contract 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 by the conduct of any other person, is defined in the Indian Contract Act, 1872 as a contract of:
aIndemnity under Section 124
bAgency under Section 182
cBailment under Section 148
dGuarantee under Section 126
Answer: A
Section 124 defines a contract of indemnity as one by which one party promises to save the other from loss caused by the conduct of the promisor himself or of any other person.
Q90Contract Act (incl. Sale of Goods / commercial)
The rule of remoteness of damages, which forms the foundation of the law of damages embodied in Section 73 of the Indian Contract Act, 1872, was laid down in:
aBalfour v. Balfour
bCarlill v. Carbolic Smoke Ball Co.
cHadley v. Baxendale
dFelthouse v. Bindley
Answer: C
Hadley v. Baxendale laid down the twin rules of remoteness of damage—damages arising naturally and those reasonably in the contemplation of both parties—which Section 73 substantially adopts.
Section 13 of the Specific Relief Act, 1963, which enables a purchaser or lessee to compel the seller to make good the contract out of a title subsequently acquired by him, is a statutory recognition of the doctrine of:
amarshalling
blis pendens
cpart performance
dfeeding the grant by estoppel
Answer: D
Section 13 embodies the doctrine of feeding the grant by estoppel (analogous to Section 43 of the Transfer of Property Act), entitling the purchaser to the benefit of title later acquired by the seller.
A contract which is so dependent on the personal qualifications or volition of the parties that the court cannot enforce specific performance of its material terms is, under Section 14 of the Specific Relief Act, 1963:
aenforceable only with the leave of the High Court
bspecifically enforceable at the discretion of the court
cnot specifically enforceable
denforceable only against the defendant
Answer: C
Section 14, as recast in 2018, lists contracts not specifically enforceable, including those so dependent on the personal qualifications of the parties that the court cannot enforce specific performance of their material terms.
Under Section 16(c) of the Specific Relief Act, 1963, as amended in 2018, a plaintiff seeking specific performance:
aneed neither plead nor prove readiness and willingness
bmust prove that he has performed or has always been ready and willing to perform the essential terms of the contract
cmust only deposit the consideration in court
dmust prove only that the defendant committed the breach
Answer: B
The 2018 amendment replaced 'aver and prove' with 'prove'; the plaintiff need no longer specifically aver readiness and willingness in the plaint, but must still prove it throughout the proceedings.
In a suit for specific performance of a contract for sale, relief against parties to the contract and persons claiming under a title arising subsequent to the contract may be enforced under:
aSection 15 of the Specific Relief Act
bSection 18 of the Specific Relief Act
cSection 19 of the Specific Relief Act
dSection 12 of the Specific Relief Act
Answer: C
Section 19 specifies the persons against whom specific performance may be enforced, including a subsequent transferee for value who has not paid in good faith and without notice of the original contract.
Where a plaintiff sues for specific performance of a contract in writing, and the contract through fraud or mutual mistake of the parties does not express the real intention of the parties, the proper relief enabling the court to rectify and then enforce the instrument is found in:
aSection 31 of the Specific Relief Act
bSection 34 of the Specific Relief Act
cSection 21 of the Specific Relief Act
dSection 26 of the Specific Relief Act
Answer: D
Section 26 permits rectification of an instrument that, through fraud or mutual mistake, fails to express the real intention of the parties, and allows the rectified instrument to be specifically enforced in the same suit.
Compensation for breach of a contract may be awarded in addition to, or in substitution for, specific performance of that contract under:
aSection 21 of the Specific Relief Act
bSection 26 of the Specific Relief Act
cSection 31 of the Specific Relief Act
dSection 20 of the Specific Relief Act
Answer: A
Section 21 empowers the court, in a suit for specific performance, to award compensation either in addition to or in substitution for specific performance, provided such compensation is claimed in the plaint.
Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that the instrument left outstanding may cause him serious injury, may sue to have it adjudged void or voidable and ordered to be delivered up and cancelled under:
aSection 31 of the Specific Relief Act
bSection 38 of the Specific Relief Act
cSection 26 of the Specific Relief Act
dSection 34 of the Specific Relief Act
Answer: A
Section 31 governs cancellation of instruments; the twin requirements are that the instrument is void or voidable against the plaintiff and that he has a reasonable apprehension of serious injury if it is left outstanding.
Under Section 6 of the Specific Relief Act, 1963, a suit by a person dispossessed of immovable property without his consent must be filed within:
aTwelve years from the date of dispossession
bOne year from the date of dispossession
cThree years from the date of dispossession
dSix months from the date of dispossession
Answer: D
Section 6(2) bars a suit under Section 6 if brought after six months from the date of dispossession, or against the Government. It provides a summary remedy ignoring title.
Q100Protection of Women from Domestic Violence Act, 2005
An order directing the respondent to pay compensation and damages to the aggrieved person for the injuries, including mental torture and emotional distress, caused by acts of domestic violence is passed under:
aSection 18
bSection 22
cSection 20
dSection 23
Answer: B
Section 22 empowers the Magistrate to direct the respondent to pay compensation and damages for injuries, including mental torture and emotional distress, caused by acts of domestic violence. Monetary relief such as loss of earnings and maintenance is dealt with separately under Section 20.
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