Odisha Judiciary Mock Test 6 — Questions & Solutions
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No suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done in his official capacity until the expiration of a notice in writing of:
aTwo months
bThree months
cOne month
dSix months
Answer: A
Section 80(1) CPC mandates a two months' prior notice in writing before instituting a suit against the Government or a public officer for acts done in official capacity, subject to the leave exception in Section 80(2).
The power of the High Court or the District Court to transfer or withdraw any suit, appeal or other proceeding pending before a subordinate court is contained in:
aSection 22 of CPC
bSection 23 of CPC
cSection 24 of CPC
dSection 25 of CPC
Answer: C
Section 24 CPC confers general power on the High Court and the District Court to transfer or withdraw, on application or suo motu, any suit, appeal or proceeding from one subordinate court to another. Section 25 deals with transfer by the Supreme Court.
Under Order XXI, Rule 89 of CPC, a person claiming an interest in immovable property sold in execution may apply to set aside the sale on depositing in court, for payment to the purchaser, a sum equal to:
aTwenty-five per cent of the purchase-money
bTwo and a half per cent of the purchase-money
cTen per cent of the purchase-money
dFive per cent of the purchase-money
Answer: D
Order XXI Rule 89 requires the applicant to deposit five per cent of the purchase-money for payment to the auction-purchaser, plus the amount specified in the proclamation of sale for the decree-holder.
A sale of immovable property in execution of a decree may be set aside under Order XXI, Rule 90 of CPC on the ground of:
aA material irregularity or fraud in publishing or conducting the sale causing substantial injury
bMere irregularity in the proclamation, without proof of injury
cThe judgment-debtor's subsequent change of mind
dInadequacy of price alone
Answer: A
Order XXI Rule 90 permits setting aside an execution sale only where there is material irregularity or fraud in publishing or conducting the sale and the applicant has sustained substantial injury thereby; mere inadequacy of price is not enough.
The provision of CPC that preserves the inherent power of the 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:
aSection 151 of CPC
bSection 153 of CPC
cSection 148 of CPC
dSection 149 of CPC
Answer: A
Section 151 CPC saves the inherent powers of the civil court to make orders necessary for the ends of justice or to prevent abuse of process; it does not confer new powers but recognises existing ones.
The provision empowering the court to enlarge the period fixed or granted by it for the doing of any act prescribed or allowed by the Code is found in:
aSection 148 of CPC
bSection 152 of CPC
cSection 151 of CPC
dSection 153 of CPC
Answer: A
Section 148 CPC allows the court, in its discretion, to enlarge a period it has fixed or granted for doing an act, even if the original period has expired. Section 152 deals with correction of clerical or arithmetical mistakes.
An application for review of a judgment to the court which passed the decree or made the order is governed by:
aSection 96 read with Order XLI of CPC
bSection 114 read with Order XLVII of CPC
cSection 115 of CPC
dSection 100 read with Order XLII of CPC
Answer: B
The substantive right of review is conferred by Section 114 CPC and the procedure is laid down in Order XLVII; Section 115 deals with revision by the High Court and Section 100 with second appeal.
A defendant may, with the leave of the court, set up by way of counter-claim against the plaintiff's claim any right or claim in respect of a cause of action accruing to him. This is provided under:
aOrder VIII, Rules 6A to 6G of CPC (counter-claim)
bOrder VIII, Rule 6 of CPC (set-off)
cOrder VI, Rule 17 of CPC
dOrder II, Rule 2 of CPC
Answer: A
Counter-claim is governed by Order VIII Rules 6A to 6G CPC, inserted by the 1976 amendment; it is treated as a cross-suit and has the effect of a plaint. Order VIII Rule 6 deals with legal set-off.
Where the defendant appears and the plaintiff does not appear when the suit is called on for hearing, and the defendant does not admit the claim, the court shall ordinarily:
aStrike the suit off the file with liberty to revive
bAdjourn the suit indefinitely
cMake an order that the suit be dismissed
dPass an ex parte decree in favour of the defendant
Answer: C
Under Order IX Rule 8 CPC, where the defendant appears but the plaintiff does not and the claim is not admitted, the court shall make an order dismissing the suit. To the extent the claim is admitted, a decree may be passed for that part.
The High Court may call for the record of any case decided by a subordinate court in which no appeal lies, where the subordinate court appears to have exercised a jurisdiction not vested in it, or failed to exercise a jurisdiction so vested. This revisional power is contained in:
aSection 113 of CPC
bSection 104 of CPC
cSection 100 of CPC
dSection 115 of CPC
Answer: D
Section 115 CPC confers revisional jurisdiction on the High Court to correct jurisdictional errors of subordinate courts where no appeal lies; it is confined to errors of jurisdiction, not errors of law or fact. Section 113 deals with reference.
Under Section 64 of the Bharatiya Nagarik Suraksha Sanhita, 2023, service of summons through electronic communication is valid only if such summons:
aIs also published in a local newspaper
bIs sent to the registered e-mail of the person summoned
cBears the image of the seal of the Court in such form and manner as prescribed
dIs acknowledged in writing by the person summoned
Answer: C
The proviso to Section 64 BNSS, 2023 allows summons to be served by electronic communication but only where the summons bears the image of the seal of the Court in the prescribed form and manner.
Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023 introduces a new procedure permitting trial and pronouncement of judgment in the absence of:
aAn accused who is a juvenile
bA proclaimed offender who has absconded to evade trial
cAn accused who is on bail
dAn accused who is of unsound mind
Answer: B
Section 356 BNSS, 2023 is a new provision allowing trial in absentia of a proclaimed offender who has absconded and where there is no immediate prospect of arrest, treating the absence as a waiver of the right to be present.
Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a first-time offender who has never been convicted previously shall ordinarily be released on bond if he has undergone detention as an undertrial for a period extending up to:
aThe maximum period of imprisonment specified for the offence
bTwo-thirds of the maximum period of imprisonment specified for the offence
cOne-half of the maximum period of imprisonment specified for the offence
dOne-third of the maximum period of imprisonment specified for the offence
Answer: D
The first proviso to Section 479(1) BNSS, 2023 provides that a first-time offender shall be released on bond once he has undergone detention up to one-third of the maximum imprisonment for the offence.
Under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023, before taking cognizance of an offence upon a complaint, the Magistrate must:
aRefer the matter to a Lok Adalat
bOrder an investigation by the police in every case
cRecord the complaint only on affidavit
dGive the accused an opportunity of being heard
Answer: D
The proviso to Section 223(1) BNSS, 2023 is a new safeguard requiring that no cognizance of an offence on complaint be taken without giving the accused an opportunity of being heard.
Under Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an application for plea bargaining must be filed by the accused within:
aSixty days from the date of the first hearing
bThirty days from the date of framing of the charge
cNinety days from the date of cognizance
dAt any time before the judgment is pronounced
Answer: B
Section 290 BNSS, 2023 introduces a time limit, requiring the application for plea bargaining to be filed within thirty days from the date of framing of the charge.
Under Section 530 of the Bharatiya Nagarik Suraksha Sanhita, 2023, trials, inquiries and proceedings, including the recording of evidence and examination of witnesses:
aMay be held in electronic mode by use of audio-video electronic means
bMay be conducted electronically only with the consent of the accused
cMay be held electronically only in summons cases
dMust always be conducted in physical presence
Answer: A
Section 530 BNSS, 2023 expressly permits all trials, inquiries and proceedings, including service of process and recording of evidence, to be held in electronic mode using audio-video electronic means.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, on completion of investigation the police report (charge-sheet) is forwarded to the Magistrate under:
aSection 193
bSection 200
cSection 173
dSection 190
Answer: A
Section 193 BNSS, 2023 (corresponding to Section 173 of the old Code) governs the report of the police officer on completion of investigation and prescribes timelines for its forwarding.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the rule against double jeopardy, that a person once convicted or acquitted shall not be tried again for the same offence, is contained in:
aSection 356
bSection 337
cSection 300
dSection 398
Answer: B
Section 337 BNSS, 2023 re-enacts the protection against double jeopardy earlier found in Section 300 of the Code of Criminal Procedure, 1973.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a sentence of death passed by the Court of Session must be submitted for confirmation to the:
aHigh Court
bGovernor
cSupreme Court
dPresident
Answer: A
Under Section 407 BNSS, 2023 (corresponding to Section 366 CrPC), a sentence of death passed by a Court of Session must be submitted to the High Court and is not to be executed unless confirmed by it.
On the expiry of the period limited for instituting a suit for possession of any property, Section 27 of the Limitation Act, 1963 provides that:
aThe right to such property is extinguished
bA fresh period of twelve years begins to run
cThe remedy alone is barred but the right to the property survives
dThe possessor must restore possession to the true owner
Answer: A
Section 27 is an exception to the general rule that limitation bars only the remedy; on expiry of the period for a suit for possession, the right to the property itself is extinguished.
Under Section 25 of the Limitation Act, 1963, where an easement of light, air or way over property belonging to the Government has been peaceably enjoyed as of right without interruption, the right becomes absolute on enjoyment for:
aThirty years
bTwelve years
cTwenty years
dSixty years
Answer: A
Section 25(1) prescribes twenty years for prescriptive easements, but Section 25(3) substitutes thirty years where the servient property belongs to the Government.
The period of limitation for a suit for possession of immovable property based on title, under Article 65 of the Schedule to the Limitation Act, 1963, is:
aThree years
bThirty years
cTwelve years
dSix years
Answer: C
Article 65 prescribes twelve years for a suit for possession of immovable property based on title, computed from when the defendant's possession becomes adverse to the plaintiff.
Where no period of limitation is provided elsewhere in the Schedule for a suit, the residuary Article 113 of the Limitation Act, 1963 prescribes a period of:
aOne year from the accrual of the right to sue
bSix years from the accrual of the cause of action
cTwelve years from the accrual of the right to sue
dThree years from the time when the right to sue accrues
Answer: D
Article 113 is the residuary article for suits, prescribing three years from the time the right to sue accrues where no other article applies.
Article 137 of the Schedule to the Limitation Act, 1963, being the residuary article for applications, prescribes a period of:
aNinety days
bThirty days
cThree years
dOne year
Answer: C
Article 137 governs any application for which no period of limitation is provided elsewhere in that Division, prescribing three years from when the right to apply accrues.
An application to set aside an ex parte decree under Article 123 of the Schedule to the Limitation Act, 1963 must be made within:
aNinety days from the date of knowledge
bThree years from the date of the decree
cThirty days from the date of the decree
dSixty days from the date of the decree
Answer: C
Article 123 prescribes thirty days for an application to set aside an ex parte decree, running from the date of the decree or, where summons was not duly served, from when the applicant had knowledge of it.
In computing the period of limitation for an appeal under Section 12 of the Limitation Act, 1963, which of the following is to be excluded?
aOnly the day on which the judgment was pronounced
bThe day on which the judgment was pronounced and the time requisite for obtaining a copy of the decree appealed from
cThe time taken in seeking legal advice on the merits of the appeal
dThe entire period during which the appellant was a minor
Answer: B
Section 12(2) excludes, for an appeal, the day the judgment was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from.
Where a suit has been instituted by means of fraud, Section 17 of the Limitation Act, 1963 provides that the period of limitation shall:
aBe permanently barred once the fraud is established
bNot begin to run until the plaintiff has discovered the fraud or could, with reasonable diligence, have discovered it
cBe extended by a further fixed period of three years from the cause of action
dBegin from the date the right to sue first accrued, regardless of the fraud
Answer: B
Under Section 17, where the suit is based upon the fraud of the defendant, time does not begin to run until the plaintiff has discovered the fraud or could with reasonable diligence have discovered it.
The legal disabilities contemplated by Section 6 of the Limitation Act, 1963, which permit a person to institute a suit after the disability has ceased, are:
aImprisonment, illness and pendency of another suit
bPoverty, illiteracy and absence from India
cMinority, insanity and idiocy
dMinority alone
Answer: C
Section 6 recognises minority, insanity and idiocy as legal disabilities; a person under such disability at the time the period would otherwise begin may sue after the disability ceases, within the same period.
Q31Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 20 of the Hindu Succession Act, 1956, a child who was in the womb at the time of the death of an intestate and is subsequently born alive:
aHas the same right to inherit as if it had been born before the death of the intestate
bInherits only a half share compared to children already born
cInherits only if born within 180 days of the intestate's death
dHas no right of inheritance as it was not a living person at the intestate's death
Answer: A
Section 20 provides that a child in the womb at the time of the intestate's death and subsequently born alive has the same right to inherit as if he or she had been born before the death of the intestate, the inheritance being deemed to vest as on that date.
Q32Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 63 of the Indian Succession Act, 1925, an unprivileged will must be attested by:
aAt least one witness who must be present when the testator signs
bTwo witnesses, both of whom must be present simultaneously when the testator signs
cThree witnesses who must all be present at the same time
dTwo or more witnesses, each of whom has seen the testator sign or received a personal acknowledgement of the signature
Answer: D
Section 63 requires attestation by two or more witnesses, each of whom has seen the testator sign or affix his mark (or has received a personal acknowledgement of the signature) and has signed in the testator's presence; it is not necessary that both witnesses be present at the same time.
Q33Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 66 of the Indian Succession Act, 1925, a privileged will made by word of mouth by declaring intentions before two witnesses present at the same time becomes null:
aOn the expiration of one year from the date the will was declared
bOn the expiration of one month after the testator, being still alive, has ceased to be entitled to make a privileged will
cOn the expiration of six months in all circumstances
dImmediately upon the testator returning from the expedition
Answer: B
Under Section 66, an oral privileged will is null at the expiration of one month after the testator, being still alive, has ceased to be entitled to make a privileged will.
Q34Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Indian Succession Act, 1925, an instrument made in relation to a will, explaining, altering or adding to its dispositions, and deemed to form part of the will, is termed:
aA codicil
bA probate
cAn administration bond
dA legacy
Answer: A
Section 2(b) defines a 'codicil' as an instrument made in relation to a will explaining, altering or adding to its dispositions, and deemed to form part of the will.
Q35Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Indian Succession Act, 1925, probate of a will of a deceased person can be granted only to:
aAny legatee named in the will
bAny creditor of the deceased
cAn executor appointed by the will, express or by implication
dThe nearest heir of the testator
Answer: C
Section 222 provides that probate shall be granted only to an executor appointed by the will, whether the appointment is express or by necessary implication.
Q36Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Hindu Succession Act, 1956, the testamentary capacity of a Hindu to dispose of any property capable of being so disposed of by will is recognised by:
aSection 8
bSection 14
cSection 30
dSection 15
Answer: C
Section 30 enables any Hindu to dispose of by will or other testamentary disposition any property capable of being so disposed of by him or her, in accordance with the Indian Succession Act, 1925.
Q37Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 16 of the Hindu Succession Act, 1956, governing succession to a female Hindu's property, among the heirs specified in Section 15(1):
aThose in one entry are preferred to those in any succeeding entry, and those in the same entry take simultaneously
bHeirs of the mother are always preferred to heirs of the father
cHeirs in a later entry are preferred to heirs in an earlier entry
dHeirs in all entries take simultaneously in equal shares
Answer: A
Rule 1 of Section 16 provides that among the heirs in Section 15(1), those in one entry are preferred to those in any succeeding entry, and heirs in the same entry take simultaneously.
Q38Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Hindu Succession Act, 1956, when a male Hindu dies intestate, his property devolves first upon his relatives specified in:
aThe cognates of the deceased
bClass II of the Schedule
cClass I of the Schedule
dThe agnates of the deceased
Answer: C
Section 8 of the Hindu Succession Act, 1956 provides that the property of a male Hindu dying intestate devolves firstly upon the Class I heirs of the Schedule; only in their absence does it pass to Class II heirs, then agnates, and lastly cognates.
Q39Law 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:
aAs a limited owner only
bAs a trustee for her husband's heirs
cAs a full owner thereof and not as a limited owner
dAs a life-estate holder reverting to the donor
Answer: C
Section 14(1) of the Hindu Succession Act, 1956 converts a female Hindu's limited estate into absolute ownership, declaring that property possessed by her is held as full owner and not as a limited owner.
Q40Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Hindu Succession Act, 1956, a person who commits murder or abets the commission of murder of the propositus:
aInherits a reduced one-half share
bMay inherit after obtaining a pardon
cInherits only the self-acquired property of the deceased
dIs disqualified from inheriting the property of the person murdered
Answer: D
Section 25 of the Hindu Succession Act, 1956 disqualifies a murderer or an abettor of murder from inheriting the property of the person murdered, or any property he sought to gain by furthering that succession.
A mortgage by deposit of title-deeds, also known as an equitable mortgage, is dealt with under:
aSection 58(f) of the Transfer of Property Act
bSection 58(d) of the Transfer of Property Act
cSection 58(g) of the Transfer of Property Act
dSection 58(c) of the Transfer of Property Act
Answer: A
Section 58(f) defines a mortgage by deposit of title-deeds (equitable mortgage), available in notified towns where a person delivers documents of title to immovable property to a creditor to secure a debt.
In the absence of a contract or local usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease:
aFrom month to month, terminable by thirty days' notice
bFrom month to month, terminable by fifteen days' notice
cFor a fixed term of one year, not terminable by notice
dFrom year to year, terminable by six months' notice
Answer: D
Under Section 106, a lease for agricultural or manufacturing purposes is deemed to be from year to year, terminable by six months' notice; a lease for any other purpose is deemed month to month, terminable by fifteen days' notice.
The doctrine of lis pendens, which provides that property which is the subject-matter of a pending suit cannot be transferred so as to affect the rights of any party under the decree, is contained in:
aSection 52 of the Transfer of Property Act
bSection 48 of the Transfer of Property Act
cSection 53 of the Transfer of Property Act
dSection 54 of the Transfer of Property Act
Answer: A
Section 52 embodies the doctrine of lis pendens (pendente lite nihil innovetur); during the pendency of a suit in which any right to immovable property is directly in question, the property cannot be transferred so as to prejudice the rights of any party under the eventual decree.
Under Section 54 of the Transfer of Property Act, a contract for the sale of immovable property:
aCreates an interest only if it is registered
bOf itself creates an interest in or charge on such property
cCreates a charge enforceable against subsequent transferees
dDoes not, of itself, create any interest in or charge on such property
Answer: D
Section 54 provides that a contract for sale is merely an agreement that a sale shall take place on agreed terms and does not, of itself, create any interest in or charge on the property.
A gift of immovable property under the Transfer of Property Act must be effected by:
aAn oral declaration accompanied by delivery of possession
bDelivery of possession alone
cAn unregistered instrument in writing signed by the donor
dA registered instrument signed by or on behalf of the donor and attested by at least two witnesses
Answer: D
Section 123 requires that a gift of immovable property be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses; gift of movable property may be by registered instrument or by delivery.
The doctrine of election, which requires that a person who takes a benefit under an instrument must also bear the burden imposed by it and cannot approbate and reprobate, is embodied in:
aSection 51 of the Transfer of Property Act
bSection 35 of the Transfer of Property Act
cSection 43 of the Transfer of Property Act
dSection 25 of the Transfer of Property Act
Answer: B
Section 35 contains the doctrine of election: where a transferor professes to transfer property he has no right to transfer and by the same transaction confers a benefit on the owner of that property, the owner must elect either to confirm the transfer or dissent from it.
A mutual transfer of the ownership of one thing for the ownership of another, neither thing nor both being money only, is defined under the Transfer of Property Act as:
aCharge
bExchange
cSale
dGift
Answer: B
Section 118 defines exchange as a transaction in which two persons mutually transfer the ownership of one thing for the ownership of another, neither thing nor both being money only.
The rule against perpetuity, which limits the period for which the vesting of an interest in property may be postponed, is contained in:
aSection 18 of the Transfer of Property Act
bSection 14 of the Transfer of Property Act
cSection 20 of the Transfer of Property Act
dSection 13 of the Transfer of Property Act
Answer: B
Section 14 enacts the rule against perpetuity: a transfer cannot create an interest to take effect after the lifetime of one or more persons living at the date of transfer plus the minority of an unborn person who must be in existence at the expiration of that period.
The right of subrogation, by which a person who pays off a mortgage steps into the shoes of the mortgagee and is invested with his rights, is recognised under the Transfer of Property Act in:
aSection 100 of the Transfer of Property Act
bSection 92 of the Transfer of Property Act
cSection 81 of the Transfer of Property Act
dSection 82 of the Transfer of Property Act
Answer: B
Section 92 deals with subrogation: a person (other than the mortgagor) who redeems property subject to a mortgage is, on redeeming, subrogated to the rights of the mortgagee whose mortgage he redeems.
Under Section 53A of the Transfer of Property Act, for the doctrine of part performance to be invoked by a transferee, which of the following is NOT essential?
aThe contract has been registered under the Registration Act
bThe transferee has done some act in furtherance of the contract and is willing to perform his part
cThe transferee has taken possession or continued in possession in part performance of the contract
dThere is a contract to transfer immovable property in writing signed by the transferor
Answer: A
Section 53A requires a written, signed contract from which the terms can be ascertained, the transferee's possession in part performance, and his willingness to perform; registration of the contract is not an essential ingredient of the equitable protection it affords.
Under Section 2(7) of the Bharatiya Nyaya Sanhita, 2023, a person is said to do a thing 'dishonestly' when he does it with the intention of causing:
aInjury to the body, mind, reputation or property
bIntention to defraud only
cLoss to the State exchequer
dWrongful gain to one person or wrongful loss to another person
Answer: D
Section 2(7) BNS defines 'dishonestly' in terms of intention to cause wrongful gain or wrongful loss; 'fraudulently' (Section 2(9)) is the term tied to an intention to defraud.
Under the Bharatiya Nyaya Sanhita, 2023, nothing is an offence which is done by a child under what age?
aUnder twelve years of age
bUnder seven years of age
cUnder ten years of age
dUnder six years of age
Answer: B
Section 20 of the BNS (formerly Section 82 IPC) provides absolute immunity (doli incapax) to a child under seven years of age; Section 21 deals with a child above seven and under twelve of immature understanding.
Which section of the Bharatiya Nyaya Sanhita, 2023 has replaced the offence of sedition and now penalises acts endangering the sovereignty, unity and integrity of India?
aSection 150
bSection 152
cSection 124A
dSection 197
Answer: B
Section 152 of the BNS replaces the old offence of sedition (Section 124A IPC) and penalises acts endangering the sovereignty, unity and integrity of India, with a recast set of ingredients.
'Organised crime' has been introduced as a substantive offence for the first time in the general penal code under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 113
bSection 109
cSection 111
dSection 152
Answer: C
Section 111 of the BNS newly defines and punishes 'organised crime' (continuing unlawful activity by an organised crime syndicate); Section 113 deals with terrorist act.
Under Section 22 of the Bharatiya Nyaya Sanhita, 2023, the defence of unsoundness of mind exempts a person who, at the time of the act, by reason of unsoundness of mind, is incapable of:
aForming any motive for the act
bControlling his physical movements
cKnowing the nature of the act, or that it is wrong or contrary to law
dRemembering the act after its commission
Answer: C
Section 22 BNS (formerly Section 84 IPC) embodies the McNaughten test of legal insanity: incapacity, by reason of unsoundness of mind, to know the nature of the act or that it is either wrong or contrary to law.
Under the Bharatiya Nyaya Sanhita, 2023, the right of private defence of the body extends to the voluntary causing of death of the assailant where the assault reasonably causes apprehension of:
aWrongful restraint only
bLoss of movable property only
cDeath or grievous hurt, or arises from an assault with intent to commit rape or an acid attack
dMere criminal trespass on open land
Answer: C
Section 38 of the BNS (formerly Section 100 IPC) lists the situations—such as apprehension of death, grievous hurt, rape or acid attack—in which the right of private defence of the body may extend to causing death.
The punishment for murder under the Bharatiya Nyaya Sanhita, 2023, namely death or imprisonment for life and fine, is laid down in:
aSection 101
bSection 103
cSection 102
dSection 105
Answer: B
Section 103(1) of the BNS prescribes the punishment for murder (death or imprisonment for life, and fine); Section 105 prescribes the punishment for culpable homicide not amounting to murder.
The maxim 'actus non facit reum nisi mens sit rea', signifying that an act alone does not make a person guilty unless accompanied by a guilty mind, is best reflected in which class of offences where it is excluded?
aOffences against the State
bOffences of strict liability
cOffences affecting life
dOffences relating to marriage
Answer: B
Mens rea is an essential ingredient of crime under the general scheme of the penal law, but strict (or absolute) liability offences dispense with the requirement of a guilty mind for one or more elements of the actus reus.
Under Article 243D, the total number of seats reserved for women in every Panchayat (filled by direct election) shall be not less than:
aOne-fourth
bOne-half
cOne-third
dOne-fifth
Answer: C
Article 243D requires that not less than one-third of the total seats filled by direct election in every Panchayat be reserved for women, including those reserved for SC/ST women.
The Seventh Schedule to the Constitution, read with Article 246, distributes legislative powers through three Lists. The Concurrent List, on which both Parliament and State Legislatures may legislate, finds its source in:
aArticle 254
bArticle 246
cArticle 248
dArticle 245
Answer: B
Article 246, read with the Seventh Schedule, allocates legislative subjects among the Union List, State List and Concurrent List; clause (2) covers the Concurrent List.
An amendment seeking to make a change in any of the Lists in the Seventh Schedule must, in addition to a special majority of Parliament, also be ratified by the Legislatures of not less than:
aTwo-thirds of the States
bThree-fourths of the States
cAll the States
dOne-half of the States
Answer: D
Under the proviso to Article 368(2), amendments affecting matters such as the Seventh Schedule require ratification by the Legislatures of not less than one-half of the States.
The doctrine of 'basic structure', restricting Parliament's amending power under Article 368, was propounded in:
aShankari Prasad v. Union of India
bMinerva Mills v. Union of India
cGolak Nath v. State of Punjab
dKesavananda Bharati v. State of Kerala
Answer: D
Kesavananda Bharati v. State of Kerala (1973) held that the constituent power under Article 368 does not extend to altering the basic structure of the Constitution.
The 99th Constitutional Amendment Act, which sought to set up the National Judicial Appointments Commission by inserting Articles 124A to 124C, was struck down by the Supreme Court in 2015 on the ground that it violated:
aThe basic structure (independence of judiciary)
bThe doctrine of pleasure
cArticle 311 safeguards
dThe doctrine of pith and substance
Answer: A
In the NJAC case (2015), a Constitution Bench by 4:1 held that judicial primacy in appointments is part of the basic structure protecting judicial independence, and struck down the 99th Amendment.
The Orissa High Court, integrated into the constitutional scheme under Article 214 from the commencement of the Constitution, was originally established under the Orissa High Court Order, 1948 issued under:
aSection 108 of the Government of India Act, 1915
bSection 229(1) of the Government of India Act, 1935
cArticle 366 of the Constitution
dSection 3 of the Indian High Courts Act, 1861
Answer: B
The Orissa High Court was constituted by the Orissa High Court Order, 1948, made under Section 229(1) of the Government of India Act, 1935, and inaugurated at Cuttack on 26 July 1948.
Article 214 of the Constitution provides that there shall be:
aA Supreme Court for the Union
bA High Court for each State
cA common High Court for two or more States
dSubordinate courts in every district
Answer: B
Article 214 mandates that there shall be a High Court for each State; a common High Court for two or more States is a separate provision under Article 231.
Every Judge of the Supreme Court is appointed by the President under Article 124(2) after consultation with such Judges of the Supreme Court and of the High Courts as the President deems necessary, and in the case of appointment of a Judge other than the Chief Justice, consultation with the Chief Justice of India is:
aAlways mandatory
bOptional
cRequired only with the Law Minister's concurrence
dRequired only for ad hoc Judges
Answer: A
Under the proviso to Article 124(2), in the appointment of a Judge other than the Chief Justice of India, the Chief Justice of India shall always be consulted.
The words 'Socialist', 'Secular' and 'Integrity' were inserted into the Preamble of the Constitution by which Constitutional Amendment?
aThe 44th Amendment, 1978
bThe 24th Amendment, 1971
cThe 52nd Amendment, 1985
dThe 42nd Amendment, 1976
Answer: D
The 42nd Amendment Act, 1976 amended the Preamble, adding the words 'Socialist' and 'Secular' and changing 'unity of the Nation' to 'unity and integrity of the Nation'.
The Twelfth Schedule of the Constitution, inserted by the 74th Amendment, contains subjects relating to:
aAllocation of seats in the Council of States
bLanguages
cMunicipalities
dPanchayats
Answer: C
The Twelfth Schedule (Article 243W), added by the 74th Amendment, lists 18 subjects of Municipalities; the Eleventh Schedule (Article 243G) deals with Panchayats.
Under the Bharatiya Sakshya Adhiniyam, 2023, the burden of proving any fact necessary to be proved is governed by the general rule that whoever desires a Court to give judgment as to any legal right or liability dependent on facts he asserts must prove those facts. This general rule is contained in:
aSection 104
bSection 106
cSection 101
dSection 105
Answer: A
Section 104 of the BSA, 2023 (formerly Section 101 of the Indian Evidence Act) lays down the general rule that the burden of proof lies on the party who asserts the existence of facts.
Under the Bharatiya Sakshya Adhiniyam, 2023, where the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death she was subjected by him to cruelty or harassment in connection with a demand for dowry, the Court 'shall presume' that he caused the dowry death. This presumption is found in:
aSection 118
bSection 116
cSection 113B
dSection 117
Answer: A
Section 118 of the BSA, 2023 (formerly Section 113B of the Indian Evidence Act) raises a mandatory presumption as to dowry death; 'dowry death' bears the meaning given in Section 80 of the Bharatiya Nyaya Sanhita, 2023.
Under the Bharatiya Sakshya Adhiniyam, 2023, the doctrine of estoppel, by which a person who has by his declaration, act or omission intentionally caused another to believe a thing to be true and to act upon it is not allowed to deny its truth, is contained in:
aSection 123
bSection 115
cSection 119
dSection 121
Answer: D
Section 121 of the BSA, 2023 (formerly Section 115 of the Indian Evidence Act) embodies the doctrine of estoppel.
Under the Bharatiya Sakshya Adhiniyam, 2023, the principle that no particular number of witnesses shall in any case be required for the proof of any fact is enacted in:
aSection 141
bSection 138
cSection 139
dSection 134
Answer: C
Section 139 of the BSA, 2023 (formerly Section 134 of the Indian Evidence Act) provides that no particular number of witnesses is required to prove any fact.
A question which suggests the answer that the person putting it wishes or expects to receive is termed a 'leading question'. Under the Bharatiya Sakshya Adhiniyam, 2023, leading questions and the restrictions on asking them are dealt with in:
aSection 141
bSection 145
cSection 143
dSection 146
Answer: D
Section 146 of the BSA, 2023 (formerly Section 141 of the Indian Evidence Act) defines leading questions and provides that, if objected to, they may not be asked in examination-in-chief or re-examination except with the Court's permission.
Under the Bharatiya Sakshya Adhiniyam, 2023, an accomplice is a competent witness against an accused person, and a conviction is not illegal merely because it proceeds upon the corroborated testimony of an accomplice. This is provided in:
aSection 114
bSection 133
cSection 138
dSection 143
Answer: C
Section 138 of the BSA, 2023 (formerly Section 133 of the Indian Evidence Act) declares an accomplice a competent witness and, as enacted, provides that a conviction is not illegal merely because it proceeds upon the corroborated testimony of an accomplice.
Under the Bharatiya Sakshya Adhiniyam, 2023, the order in which witnesses are examined, namely that they shall be first examined-in-chief, then (if the adverse party so desires) cross-examined, and then (if the party calling them so desires) re-examined, is laid down in:
aSection 143
bSection 145
cSection 142
dSection 138
Answer: A
Section 143 of the BSA, 2023 (formerly Section 138 of the Indian Evidence Act) prescribes the order of examination-in-chief, cross-examination and re-examination; Section 142 defines those three terms.
Under the Bharatiya Sakshya Adhiniyam, 2023, documents are divided into two classes, public and private, and the provision defining what are public documents and stating that all other documents are private is:
aSection 76
bSection 75
cSection 70
dSection 74
Answer: D
Section 74 of the BSA, 2023 (formerly Section 74 of the Indian Evidence Act) defines public documents (records of acts of sovereign authority, official bodies, tribunals and public officers, and public records of private documents) and provides that all other documents are private.
Under the Bharatiya Sakshya Adhiniyam, 2023, 'primary evidence' means the document itself produced for the inspection of the Court, and it now expressly includes electronic or digital records produced for inspection. The section so defining primary evidence is:
aSection 62
bSection 58
cSection 63
dSection 57
Answer: D
Section 57 of the BSA, 2023 (formerly Section 62 of the Indian Evidence Act) defines primary evidence and, through its explanations, treats electronic and digital records produced for inspection as primary evidence; Section 58 deals with secondary evidence.
Under Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when a fact is discovered in consequence of information received from a person accused of an offence in police custody, how much of such information may be proved?
aThe whole of the information, whether or not it amounts to a confession
bNone of the information, since it is made in police custody
cOnly that part which is corroborated by independent witnesses
dSo much of the information as relates distinctly to the fact thereby discovered
Answer: D
The proviso to Section 23(2) BSA (which absorbs Section 27 of the repealed IEA) permits proof of only so much of the information, whether or not amounting to a confession, as relates distinctly to the fact thereby discovered.
Q81Contract Act (incl. Sale of Goods / commercial)
When the performance of a contract becomes impossible or unlawful by reason of an event which the promisor could not prevent, after the contract is made, the contract becomes void under:
aSection 39 of the Indian Contract Act, 1872
bSection 56 of the Indian Contract Act, 1872
cSection 23 of the Indian Contract Act, 1872
dSection 65 of the Indian Contract Act, 1872
Answer: B
Section 56 embodies the doctrine of frustration/supervening impossibility—a contract to do an act which after the contract is made becomes impossible or unlawful becomes void when the act becomes impossible or unlawful.
Q82Contract Act (incl. Sale of Goods / commercial)
Under Section 4 of the Sale of Goods Act, 1930, where the transfer of the property in the goods is to take place at a future time or subject to some condition thereafter to be fulfilled, the contract is called:
aA sale
bAn executed contract of sale
cAn agreement to sell
dA hire-purchase
Answer: C
Section 4(3) provides that where property in the goods is transferred at once it is a 'sale', but where the transfer is to take place at a future time or subject to a condition it is an 'agreement to sell'.
Q83Contract Act (incl. Sale of Goods / commercial)
The maxim 'nemo dat quod non habet', subject to its exceptions, is embodied in which provision of the Sale of Goods Act, 1930?
aSection 39
bSection 19
cSection 16
dSection 27
Answer: D
Section 27 lays down the general 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.
Q84Contract Act (incl. Sale of Goods / commercial)
Under the Sale of Goods Act, 1930, a stipulation in a contract of sale which is essential to the main purpose of the contract, the breach of which gives a right to treat the contract as repudiated, is called:
aA guarantee
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, breach of which gives a right to repudiate; a warranty (Section 12(3)) is collateral and breach gives only a right to damages.
Q85Contract Act (incl. Sale of Goods / commercial)
The doctrine of caveat emptor, together with its statutory exceptions relating to fitness and quality of goods, is contained in which section of the Sale of Goods Act, 1930?
aSection 16
bSection 14
cSection 15
dSection 18
Answer: A
Section 16 codifies caveat emptor—there is normally no implied condition as to quality or fitness—subject to exceptions where the buyer makes known the particular purpose and relies on the seller's skill, or where goods are bought by description from a dealer.
Q86Contract Act (incl. Sale of Goods / commercial)
Under Section 45 of the Sale of Goods Act, 1930, a seller of goods is deemed to be an 'unpaid seller' when:
aThe buyer has refused to take delivery of the goods
bMore than half the price remains unpaid
cThe whole of the price has not been paid or tendered
dThe goods have not been delivered to the buyer
Answer: C
Section 45 defines an unpaid seller as one to whom the whole of the price has not been paid or tendered, or who has received a conditional payment by a dishonoured negotiable instrument.
Q87Contract Act (incl. Sale of Goods / commercial)
Under Section 30 of the Indian Partnership Act, 1932, a minor:
aMay, with the consent of all the partners for the time being, be admitted to the benefits of partnership
bMay be made a full partner with the consent of all partners
cCannot have any share in the profits of the firm in any circumstance
dIs personally liable for all the debts of the firm
Answer: A
Section 30 provides that a minor cannot be a partner, but with the consent of all partners he may be admitted to the benefits of partnership; his liability is limited to his share and he is not personally liable to third parties.
Q88Contract Act (incl. Sale of Goods / commercial)
Under Section 9 of the Negotiable Instruments Act, 1881, to be a 'holder in due course' a person must have become the possessor of the instrument for consideration:
aBefore maturity, even if he had notice of a defect in title
bAfter the amount became payable, in good faith
cAt any time, provided he gave value
dBefore the amount mentioned in it became payable and without sufficient cause to believe any defect existed in the title of the transferor
Answer: D
Section 9 requires that the holder in due course obtain the instrument for consideration before it became payable and without sufficient cause to believe any defect existed in the transferor's title.
Q89Contract Act (incl. Sale of Goods / commercial)
Under Section 138 of the Negotiable Instruments Act, 1881, for dishonour of a cheque for insufficiency of funds, the maximum term of imprisonment that may be imposed is:
aSix months
bOne year
cTwo years
dThree years
Answer: C
Section 138 prescribes punishment of imprisonment which may extend to two years, or fine which may extend to twice the amount of the cheque, or both.
Q90Contract Act (incl. Sale of Goods / commercial)
A contract of guarantee under Section 126 of the Indian Contract Act, 1872 differs from a contract of indemnity primarily in that a contract of guarantee:
aIs always required to be in writing
bInvolves only two parties
cRequires the concurrence of three parties—the principal debtor, the creditor and the surety
dCan never be enforced by the creditor
Answer: C
Section 126 defines a contract of guarantee as a contract to perform the promise or discharge the liability of a third person on his default, necessarily involving three parties—principal debtor, creditor and surety—whereas indemnity is a two-party contract.
Which of the following is correct regarding a decree passed in a suit under Section 6 of the Specific Relief Act, 1963?
aAn appeal lies but no review is allowed
bNeither an appeal nor a review lies, but a regular suit on title is not barred
cA review lies but no appeal is allowed
dBoth appeal and review lie as in an ordinary suit
Answer: B
Section 6(3) bars both appeal and review from an order or decree under Section 6, but Section 6(4) preserves the right to file a regular suit to establish title and recover possession.
After the Specific Relief (Amendment) Act, 2018, the specific performance of a contract under Section 10 shall be enforced by the court:
aOnly where there is want of mutuality between the parties
bOnly where the subject matter is immovable property
cOnly in the discretion of the court where damages are inadequate
dSubject only to the provisions contained in Sections 11(2), 14 and 16 of the Act
Answer: D
The amended Section 10 makes specific performance the rule (no longer discretionary), enforceable subject to the limitations in Sections 11(2), 14 and 16.
Which one of the following is NOT a contract falling within the exceptions to specific performance under Section 14 of the Specific Relief Act, 1963 (as amended in 2018)?
aA contract whose performance involves a continuous duty which the court cannot supervise
bA contract which is in its nature determinable
cA contract for which a party has obtained substituted performance under Section 20
dA contract for the sale of immovable property at an agreed price
Answer: D
Section 14 lists four classes of non-enforceable contracts: substituted performance obtained, continuous duty unsupervisable, dependence on personal qualifications, and determinable contracts. A sale of immovable property at an agreed price is specifically enforceable.
After the Specific Relief (Amendment) Act, 2018, Section 20 of the Specific Relief Act, 1963 now deals with:
aThe discretion of the court to decree specific performance
bSpecial provisions for infrastructure project contracts
cSubstituted performance of contracts
dPower of the court to award compensation in lieu of specific performance
Answer: C
The 2018 Amendment substituted the old Section 20 (court's discretion) entirely with provisions for substituted performance, under which a party may get the contract performed by a third party and recover the cost from the defaulting party.
Section 12 of the Specific Relief Act, 1963 relates to:
aPersons against whom specific performance may be enforced
bSpecific performance of a part of a contract
cSpecific performance with variation of the contract
dRectification of an instrument
Answer: B
Section 12 deals with specific performance of a part of a contract, generally barring partial enforcement except in the circumstances specified in its sub-sections.
Under Section 16 of the Specific Relief Act, 1963, specific performance of a contract cannot be enforced in favour of a person:
aWho has obtained substituted performance of the contract
bWho fails to prove that he has performed or has always been ready and willing to perform the essential terms of the contract
cWho is a minor at the date of the suit
dWho has not paid the entire consideration in advance
Answer: B
Section 16(c) requires the plaintiff to plead and prove readiness and willingness to perform the essential terms of the contract; failure to do so bars specific performance.
A contract for the sale of land is made by 'A' with 'B', and later the same land is sold to 'C' who has notice of the earlier contract. Against whom may specific performance be enforced under Section 19 of the Specific Relief Act, 1963?
aOnly against 'A', the original contracting party
bAgainst neither, as the contract stands cancelled
cAgainst 'C' alone since he now holds title
dAgainst 'A' and also against 'C', being a subsequent transferee with notice
Answer: D
Section 19 allows specific performance against the contracting party and against a subsequent transferee who takes with notice (a transferee for value who paid without notice is protected).
Under Section 21 of the Specific Relief Act, 1963, where the court decides that specific performance ought not to be granted but that the plaintiff is entitled to relief, it may award:
aPunitive damages exceeding the value of the contract
bCompensation for the breach in lieu of specific performance
cNothing, since the relief of compensation must be sought in a separate suit
dOnly a declaratory decree as to title
Answer: B
Section 21 empowers the court, in a suit for specific performance, to award compensation in addition to or in substitution for specific performance, provided such relief is claimed in the plaint (amendment of the plaint is allowed).
Under Section 26 of the Specific Relief Act, 1963, an instrument may be rectified by the court when, through fraud or a mutual mistake of the parties, the instrument:
aDoes not express their real intention
bHas not been registered
cHas been lost or destroyed
dIs opposed to public policy
Answer: A
Section 26 permits rectification where, by fraud or mutual mistake, the written instrument does not express the real intention of the parties.
Q100Protection of Women from Domestic Violence Act, 2005
The power of the Magistrate to grant interim and ex parte orders on the basis of an affidavit of the aggrieved person disclosing a prima facie commission of domestic violence is contained in:
aSection 23
bSection 26
cSection 18
dSection 21
Answer: A
Section 23 empowers the Magistrate to pass interim orders and, where it is shown on the affidavit of the aggrieved person that the respondent is committing or has committed domestic violence, to grant ex parte orders for relief under Sections 18 to 22.
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