Odisha Judiciary Mock Test 7 — Questions & Solutions
Every question from this prelims mock with the correct answer and a detailed, source-backed solution. Free to read. Want the real exam feel — a timer, instant scoring, and a subject-wise weakness report? Take it as a test.
100
Questions
11
Subjects
+ solutions
Every question
Take this as a timed mock test — instant score + subject-wise analytics. First mock free, then ₹999/year for unlimited.
Under the Code of Civil Procedure, 1908, the power to transfer a suit, appeal or other proceeding from a High Court or other Civil Court in one State to a High Court or other Civil Court in another State is vested in:
aThe Supreme Court under Section 25
bThe State Government
cThe District Court under Section 24
dThe High Court alone
Answer: A
Section 25 CPC empowers the Supreme Court to transfer any suit, appeal or other proceeding from a Civil Court in one State to a Civil Court in another State if it is expedient for the ends of justice. Section 24 deals with transfer within the jurisdiction of a common High Court or District Court.
A suit against the Government or a public officer in respect of an act purporting to be done in his official capacity cannot be instituted, except as otherwise provided, until the expiration of how many months after notice in writing has been delivered under Section 80 CPC?
aTwo months
bThree months
cOne month
dSix months
Answer: A
Section 80 CPC requires a written notice to be served and the suit may be instituted only after the expiration of two months (sixty days) from the date of delivery of such notice, unless leave for urgent relief is granted under Section 80(2).
The doctrine of res judicata, which bars the trial of a matter already directly and substantially in issue between the same parties in a former suit and finally decided by a competent court, is contained in:
aSection 9 CPC
bSection 12 CPC
cSection 10 CPC
dSection 11 CPC
Answer: D
Section 11 CPC embodies the principle of res judicata. Section 10 deals with stay of suit (res sub judice), which is distinct from res judicata.
Where and in so far as a decree or order is varied or reversed in appeal, the court of first instance shall, on application, cause restitution to be made so as to place the parties in the position they would have occupied. This power of restitution is conferred by:
aSection 148 CPC
bSection 151 CPC
cSection 144 CPC
dSection 152 CPC
Answer: C
Section 144 CPC provides for restitution where a decree or order is varied or reversed in appeal, revision or otherwise. Section 152 deals with correction of clerical or arithmetical mistakes, and Section 151 with inherent powers.
The amendment of pleadings, including the proviso that no amendment shall be allowed after the trial has commenced unless the court concludes that despite due diligence the party could not have raised the matter earlier, is governed by:
aOrder VIII, Rule 9 CPC
bOrder VII, Rule 11 CPC
cOrder VI, Rule 17 CPC
dOrder I, Rule 10 CPC
Answer: C
Order VI, Rule 17 CPC governs amendment of pleadings and its proviso (inserted in 2002) bars amendment after commencement of trial unless the due-diligence test is satisfied.
Under which provision of the Code of Civil Procedure, 1908 shall a plaint be rejected where the suit appears from the statement in the plaint to be barred by any law?
aOrder VII, Rule 10 CPC
bOrder VI, Rule 16 CPC
cOrder IX, Rule 8 CPC
dOrder VII, Rule 11 CPC
Answer: D
Order VII, Rule 11(d) CPC mandates rejection of a plaint where the suit appears from the plaint to be barred by any law. Order VII, Rule 10 deals with return of plaint for presentation to the proper court.
After the property has been sold in execution of a decree, the court shall make an order confirming the sale where no application to set it aside is made, or such application is disallowed, under:
aOrder XXI, Rule 90 CPC
bOrder XXI, Rule 94 CPC
cOrder XXI, Rule 89 CPC
dOrder XXI, Rule 92 CPC
Answer: D
Order XXI, Rule 92 CPC provides that where no application under Rules 89, 90 or 91 is made or such application is disallowed, the court shall make an order confirming the sale, whereupon the sale becomes absolute.
An appeal from an original decree may be preferred from every decree passed by any court exercising original jurisdiction, except as otherwise expressly provided, under:
aSection 100 CPC
bSection 104 CPC
cSection 96 CPC
dSection 115 CPC
Answer: C
Section 96 CPC provides for a first appeal from an original decree. Section 100 deals with second appeal to the High Court, and Section 104 with appeals from orders.
The 'mesne profits' of property under Section 2(12) of the Code of Civil Procedure, 1908 mean those profits which the person in wrongful possession of such property:
aReceived as rent fixed by the court
bMight have received from improvements made by him
cActually received only, excluding interest
dActually received or might with ordinary diligence have received, together with interest thereon, but not profits due to improvements made by him
Answer: D
Section 2(12) CPC defines mesne profits as profits which the person in wrongful possession actually received or might with ordinary diligence have received therefrom, together with interest, but not profits due to improvements made by such person.
Where a defendant claims to set off against the plaintiff's demand any ascertained sum of money legally recoverable by him, the written statement containing the particulars of the debt sought to be set off is governed by:
aOrder VIII, Rule 1 CPC
bOrder VIII, Rule 6A CPC
cOrder VIII, Rule 6 CPC
dOrder VIII, Rule 9 CPC
Answer: C
Order VIII, Rule 6 CPC deals with legal set-off of an ascertained sum of money legally recoverable. Order VIII, Rule 6A deals with counter-claim, which is distinct from set-off.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the power to grant anticipatory bail to a person apprehending arrest for a non-bailable offence is contained in:
aSection 482
bSection 480
cSection 438
dSection 528
Answer: A
Section 482 of the BNSS, 2023 (replacing Section 438 of the old CrPC) empowers the High Court or Court of Session to grant anticipatory bail. Section 480 deals with ordinary bail in non-bailable offences.
Under Section 187 of the BNSS, 2023, the maximum period for which a Magistrate may authorise detention pending investigation of an offence punishable with death, imprisonment for life or imprisonment for not less than ten years is:
a90 days
b120 days
c60 days
d30 days
Answer: A
Section 187 BNSS permits detention up to 90 days for offences punishable with death, life imprisonment, or imprisonment of not less than ten years, and up to 60 days for any other offence, after which the accused is entitled to default bail.
Under the BNSS, 2023, the inherent powers of the High Court to make orders to prevent abuse of process or to secure the ends of justice are saved by:
aSection 482
bSection 528
cSection 401
dSection 226
Answer: B
Section 528 of the BNSS, 2023 saves the inherent powers of the High Court (corresponding to Section 482 of the old CrPC). It is the provision under which an FIR may be quashed.
The order for maintenance of wives, children and parents under the BNSS, 2023 is provided under:
aSection 152
bSection 164
cSection 144
dSection 125
Answer: C
Section 144 of the BNSS, 2023 contains the provision for order for maintenance of wives, children and parents, corresponding to Section 125 of the old CrPC.
Under Section 23 of the BNSS, 2023, a Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding:
aTwo years
bOne year
cThree years
dSeven years
Answer: C
Under Section 23 BNSS a Magistrate of the first class may pass imprisonment up to three years or fine up to fifty thousand rupees, or both, or community service. A second class Magistrate may pass up to one year.
The newly introduced provision in the BNSS, 2023 permitting trial in absentia of a proclaimed offender is contained in:
aSection 339
bSection 356
cSection 299
dSection 84
Answer: B
Section 356 of the BNSS, 2023 is a new provision enabling the trial and judgment in absentia of a person declared a proclaimed offender where there is no immediate prospect of arresting him.
Under Section 290 of the BNSS, 2023, an application for plea bargaining must be filed within how many days from the date of framing of charge?
a15 days
b60 days
c90 days
d30 days
Answer: D
Section 290 BNSS now prescribes a fixed time limit of thirty days from the date of framing of charge for filing an application for plea bargaining, a change from the earlier open-ended position.
Under the BNSS, 2023, the provision corresponding to registration of First Information Report in a cognizable case, expressly enabling a 'Zero FIR', is:
aSection 176
bSection 154
cSection 175
dSection 173
Answer: D
Section 173 of the BNSS, 2023 governs the registration of information in cognizable cases and statutorily recognises Zero FIR, allowing registration irrespective of the area of the offence.
Under Section 472 of the BNSS, 2023, after a mercy petition against a sentence of death is rejected by the Governor, a petition to the President must be made within:
a90 days
b60 days
c15 days
d30 days
Answer: B
Section 472 BNSS, a new statutory framework for mercy petitions in death sentence cases, requires that after rejection by the Governor a petition to the President be filed within sixty days.
Section 4 of the Limitation Act, 1963 provides that where the prescribed period for a suit or application expires on a day when the court is closed, the suit or application may be instituted, preferred or made:
aOnly with prior leave of the court
bOn the day immediately before the court closed
cOn the day when the court reopens
dWithin thirty days of the court reopening
Answer: C
Section 4 is an exception to Section 3: when the period expires on a day the court is closed, the proceeding filed on the day the court reopens is treated as within time. A court is deemed closed if it does not work during its normal hours on that day.
The benefit of Section 5 of the Limitation Act, 1963 (extension of prescribed period on sufficient cause) is available to:
aSuits and appeals only
bSuits only
cSuits, appeals and applications
dAppeals and applications, but not to suits
Answer: D
Section 5 permits condonation of delay only for appeals and applications (other than applications under any provision of Order XXI CPC) on sufficient cause being shown. It does not extend the time for instituting suits.
Section 18 of the Limitation Act, 1963 provides that a fresh period of limitation begins to run from the time of acknowledgment, provided the acknowledgment of liability is:
aAccompanied by part-payment of the debt
bMade orally before two witnesses
cIn writing and made at any time, even after the period has expired
dIn writing and signed by the party against whom the right is claimed, before the expiry of the prescribed period
Answer: D
Under Section 18, a valid acknowledgment must be in writing, signed by the party (or his agent) against whom the right is claimed, and made before the limitation period has expired. A fresh period then runs from the date of acknowledgment.
Section 27 of the Limitation Act, 1963 is significant because, unlike the general scheme of the Act which only bars the remedy, it:
aExtinguishes the right to property itself on expiry of the limitation period for a suit for possession
bPermits acquisition of easement by prescription
cRevives a time-barred debt
dExtends limitation in case of fraud
Answer: A
Section 27 is the exception to the rule that limitation bars only the remedy: where the period prescribed for instituting a suit for possession of property expires, the owner's right to the property is itself extinguished. This is the statutory basis of adverse possession.
Under the Schedule to the Limitation Act, 1963, a suit for possession of immovable property or any interest therein based on title (Article 65) must be brought within:
a6 years from dispossession
b12 years from when the possession of the defendant becomes adverse to the plaintiff
c3 years from when the right to sue accrues
d30 years in all cases
Answer: B
Article 65 of the Schedule prescribes 12 years for a possessory suit founded on title, running from the date the defendant's possession becomes adverse to the plaintiff. The period is 30 years where the suit is against the Government.
Where no period of limitation is provided elsewhere in the Schedule to the Limitation Act, 1963, the residuary Article 113 prescribes for a suit a period of:
a1 year from the date of the cause of action
b6 years from when the right to sue accrues
c12 years from the date of the transaction
d3 years from when the right to sue accrues
Answer: D
Article 113 is the residuary article for suits not otherwise provided for; it prescribes 3 years, computed from the date the right to sue accrues. Article 137 is the corresponding residuary article for applications, also 3 years.
Under the Schedule to the Limitation Act, 1963, an application to set aside a decree passed ex parte (Article 123) must be made within:
a3 years from the date of the decree
b30 days from the date of the decree, or where summons was not duly served, from the date of knowledge of the decree
c90 days from the date of the decree
d60 days from the date of the decree
Answer: B
Article 123 prescribes 30 days for an application to set aside an ex parte decree, running from the date of the decree; where the summons was not duly served, time runs from when the applicant had knowledge of the decree.
The period of limitation prescribed by the Schedule to the Limitation Act, 1963 for an application to set aside a sale in execution of a decree (including a sale challenged under Order XXI Rule 90 CPC) is:
a30 days from the date of sale
b60 days from the date of sale
c90 days from the confirmation of sale
d12 years from the date of sale
Answer: B
Article 127 of the Schedule prescribes 60 days for an application to set aside a sale in execution of a decree, running from the date of the sale. The period was enlarged from 30 to 60 days by amendment.
Under the Schedule to the Limitation Act, 1963, the period of limitation for execution of any decree (other than a decree granting a mandatory injunction) or order of a civil court is:
a30 years from the date of the decree
b12 years from when the decree becomes enforceable
c6 years from the date of the decree
d3 years from the date of the decree
Answer: B
Article 136 of the Schedule prescribes 12 years for execution of a decree or order, running from the date the decree becomes enforceable (or, for recurring/future payments, from when default occurs). A decree for mandatory injunction is excluded and governed by Article 135.
Section 14 of the Limitation Act, 1963 allows exclusion, in computing the period of limitation, of the time spent in prosecuting another civil proceeding, provided the earlier proceeding was prosecuted:
aNegligently but in a court of competent jurisdiction
bIn any court, irrespective of good faith
cWith due diligence and in good faith in a court which, from defect of jurisdiction or other like cause, was unable to entertain it
dOnly in a criminal court
Answer: C
Section 14 excludes the time during which the plaintiff was bona fide and with due diligence prosecuting an earlier civil proceeding relating to the same matter in a court which could not entertain it owing to defect of jurisdiction or other like cause.
Q31Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Hindu Succession Act, 1956, no person shall be disqualified from succeeding to property on the ground of:
aAny disease, defect or deformity
bBeing a descendant of a convert born after conversion
cConversion to another religion
dHaving committed the murder of the intestate
Answer: A
Section 28 of the Hindu Succession Act, 1956 abolishes the old rule of exclusion, providing that no person shall be disqualified from succeeding on the ground of any disease, defect or deformity. Murder (S.25) and conversion of descendants (S.26) remain disqualifications.
Q32Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 18 of the Hindu Succession Act, 1956, where the nature of the relationship is the same in every other respect, heirs related to the intestate by:
aUterine blood are preferred to heirs related by full blood
bFull blood are preferred to heirs related by half blood
cHalf blood are preferred to heirs related by full blood
dFull blood and half blood take simultaneously in equal shares
Answer: B
Section 18 of the Hindu Succession Act, 1956 lays down that heirs related by full blood are preferred to heirs related by half blood when the relationship is otherwise identical.
Q33Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 15(2) of the Hindu Succession Act, 1956, property inherited by a female Hindu from her father or mother, in the absence of any son or daughter of the deceased (including the children of any predeceased son or daughter), devolves upon:
aThe heirs of the father
bThe heirs of the husband
cThe heirs of the mother only
dThe State by escheat
Answer: A
Section 15(2)(a) of the Hindu Succession Act, 1956 provides that property a female Hindu inherited from her father or mother, where she leaves no son or daughter, devolves upon the heirs of the father rather than under the general order in Section 15(1).
Q34Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Hindu Succession Act, 1956, a relative connected to the intestate wholly through a chain of female relatives is described as a/an:
aAgnate
bSapinda
cCoparcener
dCognate
Answer: D
By Section 3(1)(c) of the Hindu Succession Act, 1956, one person is a cognate of another if related by blood or adoption but not wholly through males; relationship wholly or partly through females makes them cognates, whereas agnates are connected wholly through males.
Q35Law of Succession (Hindu Succession Act + Indian Succession Act)
By virtue of the Hindu Succession (Amendment) Act, 2005, the daughter of a coparcener in a Mitakshara joint family:
aBecomes a coparcener by birth in her own right, in the same manner as a son
bTakes a share only on the death of her father
cBecomes a coparcener only if she is unmarried on the date of partition
dAcquires only a right to maintenance out of coparcenary property
Answer: A
The Hindu Succession (Amendment) Act, 2005 substituted Section 6, making the daughter of a coparcener a coparcener by birth in her own right in the same manner as a son, with the same rights and liabilities in coparcenary property.
Q36Law 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 called a:
aProbate
bHolograph
cCodicil
dLetter of administration
Answer: C
Section 2(b) of the Indian Succession Act, 1925 defines a 'codicil' as an instrument made in relation to a will, explaining, altering or adding to its dispositions, and deemed to form part of the will.
Q37Law of Succession (Hindu Succession Act + Indian Succession Act)
A will written entirely in the handwriting of the testator himself is known as a:
aPrivileged will
bConditional will
cNuncupative will
dHolograph will
Answer: D
A holograph will is one written wholly in the hand of the testator. Even so, under the Indian Succession Act, 1925 it ordinarily carries no exemption from the Section 63 requirement of attestation by two witnesses.
Q38Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 105 of the Indian Succession Act, 1925, if a legatee does not survive the testator and no contrary intention appears from the will, the legacy:
aVests automatically in the executor in his personal capacity
bIs forfeited to the State
cLapses and forms part of the residue of the testator's property
dPasses to the legal representatives of the deceased legatee
Answer: C
Section 105 of the Indian Succession Act, 1925 provides that if the legatee dies before the testator, the legacy lapses and forms part of the residue, unless the will shows the testator intended it to go to some other person.
Q39Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 213 of the Indian Succession Act, 1925, no right as executor or legatee can be established in any court of justice unless the court has granted:
aA decree of declaration of title
bProbate of the will, or letters of administration with the will annexed
cA registered partition deed
dA succession certificate under Part X
Answer: B
Section 213(1) of the Indian Succession Act, 1925 bars establishing a right as executor or legatee in court unless probate of the will, or letters of administration with the will (or copy/authenticated copy) annexed, has been granted.
Q40Law of Succession (Hindu Succession Act + Indian Succession Act)
A intestate Hindu male dies leaving his widow W, two sons S1 and S2, and one daughter D, all surviving. Under Sections 8 and 10 of the Hindu Succession Act, 1956, the property devolves:
aEqually between the two sons only, the widow and daughter being excluded
bOne-half to the widow and the remaining half equally among the children
cEqually among the widow, the two sons and the daughter, each taking one-fourth
dWholly upon the widow as the senior-most heir
Answer: C
Widow, sons and daughter are all Class I heirs under Section 8. Section 10 directs that the widow takes one share and each son and daughter takes one share, so here all four heirs take equal one-fourth shares.
Under Section 6 of the Transfer of Property Act, 1882, the chance of an heir-apparent succeeding to an estate (spes successionis):
aCannot be transferred
bCan be transferred for valuable consideration
cCan be transferred only with the consent of the present owner
dCan be transferred only by way of gift
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, or any other mere possibility of a like nature cannot be transferred.
'A' transfers property to 'B' for life, and after B's death to such of B's sons as shall first attain the age of 25. Such a transfer, in so far as it postpones vesting beyond the permissible limit, is:
aVoidable at the option of B's sons
bVoid as offending the rule against perpetuity under Section 14
cValid only if B leaves no son
dValid under the rule against perpetuity
Answer: B
Section 14 (rule against perpetuity) permits vesting to be postponed only up to the life or lives in being plus the minority of the ultimate beneficiary; postponing vesting to age 25 (beyond minority of 18) renders the transfer void.
Section 43 of the Transfer of Property Act, 1882, which permits a transferee to claim property where the transferor fraudulently or erroneously represents that he is authorised to transfer and subsequently acquires an interest therein, embodies the doctrine of:
aMarshalling
bLis pendens
cPart performance
dFeeding the grant by estoppel
Answer: D
Section 43 enacts the doctrine of 'feeding the grant (or estoppel) by estoppel'—where the transferor later acquires the interest he professed to convey, that interest enures to the transferee who has not rescinded the contract.
Where an ostensible owner, with the express or implied consent of the real owner, transfers immovable property for consideration, the transfer cannot be impeached by the real owner under Section 41 provided the transferee:
aHas obtained possession of the property
bIs a relative of the real owner
cHas obtained a registered instrument only
dHas taken reasonable care to ascertain the transferor's power to transfer and acted in good faith
Answer: D
Section 41 protects a transferee from an ostensible owner only if he, after taking reasonable care to ascertain that the transferor had power to make the transfer, acted in good faith.
The doctrine of part performance under Section 53A of the Transfer of Property Act operates:
aTo confer ownership on the transferee
bOnly as a shield to protect the possession of the transferee against the transferor
cAs a sword enabling the transferee to sue for title
dOnly where the contract is unregistered and unwritten
Answer: B
Section 53A is a passive equity available only as a defence (shield); it bars the transferor from enforcing any right in respect of the property against the transferee in possession, but does not create title in the transferee.
The leading authority generally cited in connection with the doctrine of part performance under the Transfer of Property Act is:
aMahomed Musa vs. Aghore Kumar Ganguli
bBellamy vs. Sabine
cTulk vs. Moxhay
dRamji Patel vs. Rao Kishore Singh
Answer: A
Mahomed Musa vs. Aghore Kumar Ganguli is the leading case associated with the equitable doctrine of part performance; Bellamy vs. Sabine relates to lis pendens and Tulk vs. Moxhay to restrictive covenants.
Under Section 52 of the Transfer of Property Act, during the pendency of a suit in which any right to immovable property is directly and specifically in question, the property:
aCan be transferred only with leave of the court, failing which the transfer is void
bVests automatically in the court
cCannot be transferred at all by any party
dMay be transferred, but the transfer is subject to the rights of the parties as determined by the decree
Answer: A
Section 52 (lis pendens) provides that the property may be transferred but only with the authority of the court and on such terms as it imposes; absent such leave the transfer does not affect the rights of any party under the decree.
A mortgage where the mortgagor delivers possession and authorises the mortgagee to retain possession until payment, and to receive the rents and profits in lieu of interest or principal, is known as:
aUsufructuary mortgage
bSimple mortgage
cEnglish mortgage
dMortgage by conditional sale
Answer: A
Section 58(d) defines a usufructuary mortgage, in which the mortgagee is put in possession and appropriates the rents and profits towards interest or principal; there is no personal covenant to repay.
aAuthorises the mortgagee to receive rents in lieu of interest
bDelivers only the title deeds to the mortgagee
cBinds himself to repay on a certain date and transfers the property absolutely, subject to a proviso for re-transfer on payment
dRetains possession and ownership throughout
Answer: C
Under Section 58(e), in an English mortgage the mortgagor binds himself to repay on a fixed date and transfers the property absolutely to the mortgagee, subject to a proviso that it shall be re-transferred on repayment.
Which one of the following is NOT a mode by which a lease of immovable property is determined under Section 111 of the Transfer of Property Act?
aMerger
bForfeiture
cSubrogation
dSurrender
Answer: C
Section 111 enumerates the modes of determination of a lease—including by efflux of time, merger, surrender, forfeiture and notice to quit; subrogation (Section 92) is a mortgage concept and not a mode of determining a lease.
Under the Bharatiya Nyaya Sanhita, 2023, the principle that when a criminal act is done by several persons in furtherance of the common intention of all, each is liable as if he alone did it, is contained in:
aSection 3(8)
bSection 61
cSection 34
dSection 3(5)
Answer: D
The erstwhile Section 34 IPC (common intention) is now embodied in Section 3(5) of the BNS, 2023. It is a rule of evidence creating joint liability, not a substantive offence.
The newly created offence of 'snatching', where the offender suddenly, quickly or forcibly seizes or grabs movable property from a person, is provided under which Section of the Bharatiya Nyaya Sanhita, 2023?
aSection 310
bSection 304
cSection 303
dSection 309
Answer: B
Snatching is a distinct offence newly introduced by Section 304 of the BNS, 2023, punishable with imprisonment up to three years and fine; it has no exact equivalent in the IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for murder is laid down in:
aSection 302
bSection 103
cSection 100
dSection 101
Answer: B
Section 103 of the BNS provides the punishment for murder (death or imprisonment for life, plus fine), corresponding to the former Section 302 IPC. Section 101 BNS defines when culpable homicide is murder.
The Bharatiya Nyaya Sanhita, 2023, for the first time defines and punishes 'organised crime' committed by a crime syndicate. This provision is contained in:
aSection 109
bSection 152
cSection 111
dSection 113
Answer: C
Section 111 of the BNS introduces 'organised crime' (including activities such as kidnapping, extortion and land grabbing by a syndicate) as a new offence with no counterpart in the IPC.
Under the Bharatiya Nyaya Sanhita, 2023, 'dishonestly' is defined as doing anything with the intention of causing:
aInjury to the body, mind, reputation or property of any person
bWrongful gain to one person or wrongful loss to another person
cHarm to the public at large
dAn act to defraud but not otherwise
Answer: B
Section 2 of the BNS, 2023 retains the IPC definition: 'dishonestly' means doing anything with intent to cause wrongful gain to one or wrongful loss to another. 'Fraudulently' is the term tied to intent to defraud.
Which Section of the Bharatiya Nyaya Sanhita, 2023, replaces the offence of sedition and instead penalises acts endangering the sovereignty, unity and integrity of India?
aSection 152
bSection 150
cSection 113
dSection 124A
Answer: A
Section 152 of the BNS, 2023 penalises acts endangering the sovereignty, unity and integrity of India; the colonial offence of sedition (Section 124A IPC) has been omitted as such.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'theft' is defined under:
aSection 378
bSection 303
cSection 304
dSection 316
Answer: B
Theft, formerly Section 378 IPC, is now defined under Section 303 of the BNS, 2023. Snatching (S.304) and criminal breach of trust (S.316) are separate provisions.
Under the Bharatiya Nyaya Sanhita, 2023, 'dacoity' is committed when robbery is conjointly committed or attempted by:
aTwo or more persons
bThree or more persons
cFive or more persons
dFour or more persons
Answer: C
Under Section 310 of the BNS, 2023 (as under the former Section 391 IPC), dacoity requires robbery committed or attempted conjointly by five or more persons.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'dowry death' is dealt with under:
aSection 103
bSection 80
cSection 304B
dSection 85
Answer: B
Dowry death, formerly Section 304B IPC, is now Section 80 of the BNS, 2023, punishable with imprisonment of not less than seven years extending to imprisonment for life.
The writ jurisdiction of a High Court under Article 226 is wider than that of the Supreme Court under Article 32 because a High Court may issue writs:
aOnly for the enforcement of Fundamental Rights
bOnly against the Union Government
cOnly with the prior sanction of the President
dFor the enforcement of Fundamental Rights and also for any other purpose
Answer: D
Article 226 empowers a High Court to issue writs for the enforcement of Fundamental Rights 'and for any other purpose' (i.e. ordinary legal rights), making its jurisdiction wider than Article 32, which is confined to Fundamental Rights.
Under the proviso to Article 368(2), which one of the following amendments requires ratification by the legislatures of not less than one-half of the States?
aAmendment of any of the Lists in the Seventh Schedule
bAmendment of the Preamble
cAmendment of the Directive Principles of State Policy
dAmendment of the Fundamental Duties
Answer: A
The proviso to Article 368(2) requires ratification by at least one-half of the State Legislatures for amendments touching federal features such as any List in the Seventh Schedule, the election of the President (Articles 54, 55) and the powers of the Supreme Court and High Courts.
The Directive Principle directing the State to endeavour to secure a uniform civil code for the citizens throughout the territory of India is contained in:
aArticle 43
bArticle 45
cArticle 41
dArticle 44
Answer: D
Article 44 directs the State to endeavour to secure for the citizens a uniform civil code throughout the territory of India.
The doctrine of basic structure of the Constitution was propounded by the Supreme Court in:
aGolak Nath vs. State of Punjab
bIndira Nehru Gandhi vs. Raj Narain
cKesavananda Bharati vs. State of Kerala
dMinerva Mills vs. Union of India
Answer: C
In Kesavananda Bharati vs. State of Kerala (1973), a 13-judge Bench held by a 7-6 majority that Parliament cannot amend the basic structure of the Constitution.
The procedure for the impeachment of the President of India is laid down in:
aArticle 61
bArticle 72
cArticle 74
dArticle 56
Answer: A
Article 61 prescribes the procedure for impeachment of the President for violation of the Constitution, requiring a resolution passed by a two-thirds majority of the total membership of each House.
If any question arises whether a Bill is a Money Bill or not, under Article 110 the decision thereon shall be that of:
aThe Attorney-General for India
bThe President of India
cThe Chairman of the Council of States
dThe Speaker of the House of the People
Answer: D
Under Article 110(3), if any question arises whether a Bill is a Money Bill or not, the decision of the Speaker of the House of the People thereon is final.
The doctrine of prospective overruling was, for the first time, applied by the Supreme Court of India in:
aI. C. Golak Nath vs. State of Punjab
bA. K. Gopalan vs. State of Madras
cSajjan Singh vs. State of Rajasthan
dShankari Prasad vs. Union of India
Answer: A
In I. C. Golak Nath vs. State of Punjab (1967), the Supreme Court for the first time invoked the doctrine of prospective overruling, holding that its decision would operate only prospectively.
The right against self-incrimination, i.e. that no person accused of an offence shall be compelled to be a witness against himself, is guaranteed under:
aArticle 22(1)
bArticle 20(1)
cArticle 20(3)
dArticle 20(2)
Answer: C
Article 20(3) embodies the rule against self-incrimination, protecting an accused from being compelled to be a witness against himself.
A confession made by an accused while in the custody of a police officer is not to be proved against him under Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), unless it is made:
aIn the presence of an Advocate
bIn the immediate presence of a Magistrate
cBefore a senior police officer not below the rank of Inspector
dVoluntarily and without inducement
Answer: B
Section 23(2) BSA (corresponding to Section 26 of the repealed IEA) bars proof of a confession made while in police custody against the maker unless it is made in the immediate presence of a Magistrate.
Under Section 24 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession of one accused may be taken into consideration against a co-accused only when:
aThey are tried separately for the same offence
bThe co-accused has had an opportunity to cross-examine the confessing accused
cThey are tried jointly for different offences
dThey are tried jointly for the same offence
Answer: D
Section 24 BSA (corresponding to Section 30 of the repealed IEA) applies only when more persons than one are being tried jointly for the same offence; the confession affecting both may then be considered against the co-accused as well.
Under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a statement by a person as to the cause of his death or the circumstances of the transaction resulting in his death (dying declaration) is relevant:
aOnly when the declarant was under expectation of imminent death at the time
bOnly if reduced to writing and signed by the declarant
cOnly in criminal proceedings relating to murder
dWhether or not the person making it was under expectation of death
Answer: D
Under Section 26(a) of the BSA (which replaces Section 32(1) IEA), a statement as to the cause of death is relevant whether or not the person was under expectation of death, and is admissible in both civil and criminal proceedings in which the cause of death comes into question.
When the Court has to form an opinion upon a point of foreign law, science, art, or the identity of handwriting or finger impressions, the opinions of specially skilled persons are relevant facts. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) this rule is contained in:
aSection 45
bSection 39
cSection 26
dSection 55
Answer: B
Section 39 of the BSA (which replaces Section 45 IEA) makes the opinion of experts on foreign law, science, art, handwriting and finger impressions relevant; expert opinion is corroborative and not conclusive proof.
The rule that 'oral evidence must, in all cases, be direct' is laid down under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) in:
aSection 57
bSection 55
cSection 54
dSection 56
Answer: B
Section 55 of the BSA (which replaces Section 60 IEA) requires oral evidence to be direct; the person who perceived a fact by a particular sense must himself depose to it, excluding hearsay.
When a question arises whether a person is alive or dead, and it is shown that he has not been heard of for seven years by those who would naturally have heard of him, the burden of proving that he is alive is shifted to the person affirming it. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) this presumption is recognised under:
aSection 116
bSection 110
cSection 111
dSection 112
Answer: C
Section 111 of the BSA (which replaces Section 108 IEA) provides that where a person has not been heard of for seven years by those who would naturally have heard of him, the burden of proving that he is alive lies on the person who affirms it.
Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) places the burden of proving the existence of circumstances bringing the case within a General Exception of the Bharatiya Nyaya Sanhita upon:
aThe Court suo motu
bThe accused
cThe prosecution
dThe investigating officer
Answer: B
Under Section 108 of the BSA (which replaces Section 105 IEA), when an accused claims the benefit of a General Exception or special exception/proviso, the burden of proving those circumstances lies on him, and the Court presumes their absence.
A is charged with travelling on a railway without a ticket. The burden of proving that he had a ticket lies on him. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) this illustrates the principle contained in:
aSection 109
bSection 106
cSection 119
dSection 104
Answer: A
Section 109 of the BSA (which replaces Section 106 IEA) provides that when a fact is especially within the knowledge of a person, the burden of proving that fact is upon him; the railway-ticket illustration is appended to this section.
Under Illustration (a) to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a man who is in possession of stolen goods soon after the theft and cannot account for his possession may be presumed to be:
aMerely a witness to the theft
bNecessarily the thief and nothing else
cAn innocent purchaser in good faith
dEither the thief or a receiver of stolen goods knowing them to be stolen
Answer: D
Illustration (a) to Section 119 of the BSA (which replaces Section 114 IEA) permits the Court to presume that a person in possession of stolen goods soon after a theft, who cannot account for the possession, is either the thief or has received the goods knowing them to be stolen.
Which section of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) enumerates the cases in which secondary evidence relating to documents may be given?
aSection 61
bSection 57
cSection 60
dSection 58
Answer: C
Section 60 of the BSA (which corresponds to Section 65 IEA) sets out the circumstances (such as the original being lost, destroyed, or in the possession of the opposite party) in which secondary evidence of the contents of a document may be given.
Q81Contract Act (incl. Sale of Goods / commercial)
Under Section 171 of the Indian Contract Act, 1872, a general lien, in the absence of a contract to the contrary, is available to:
aA pawnee
bAn unpaid seller of goods
cEvery bailee of goods
dBankers, factors, wharfingers, attorneys of a High Court and policy-brokers
Answer: D
Section 171 confers a general lien only on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers; a pawnee or ordinary bailee has only a particular lien unless an express contract provides otherwise.
Q82Contract Act (incl. Sale of Goods / commercial)
On payment of the guaranteed debt, the surety becomes invested with all the rights which the creditor had against the principal debtor. This right of subrogation is contained in:
aSection 145 of the Indian Contract Act, 1872
bSection 128 of the Indian Contract Act, 1872
cSection 141 of the Indian Contract Act, 1872
dSection 140 of the Indian Contract Act, 1872
Answer: D
Section 140 provides that where the surety pays or performs after the principal debtor's default, he is invested with all the rights the creditor had against the principal debtor (right of subrogation). Section 141 deals with the surety's benefit of the creditor's securities.
Q83Contract Act (incl. Sale of Goods / commercial)
A surety is entitled to the benefit of every security which the creditor holds against the principal debtor at the time the contract of suretyship is entered into; if the creditor, without the surety's consent, loses or parts with such security, the surety is discharged to the extent of the value of the security. This principle is found in:
aSection 135
bSection 133
cSection 141
dSection 139
Answer: C
Section 141 of the Indian Contract Act, 1872 protects the surety's right to the creditor's securities and discharges the surety to the extent of any security lost or parted with by the creditor without the surety's consent.
Q84Contract Act (incl. Sale of Goods / commercial)
A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or of any other person is defined under the Indian Contract Act, 1872 as a contract of:
aIndemnity, in Section 124
bIndemnity, in Section 125
cBailment, in Section 148
dGuarantee, in 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 any other person.
Q85Contract Act (incl. Sale of Goods / commercial)
An agreement made on account of natural love and affection between parties standing in a near relation to each other is enforceable, though without consideration, only if it is:
aActed upon by the promisee
bMade before two witnesses
cExpressed in writing and registered under the law for registration of documents
dMade for a lawful object
Answer: C
Under the first exception in Section 25 of the Indian Contract Act, an agreement without consideration is valid if it is expressed in writing, registered under the law for registration of documents, and made on account of natural love and affection between parties in near relation.
Q86Contract Act (incl. Sale of Goods / commercial)
'A' contracts to sing for 'B' at a concert for ₹1,000 paid in advance by 'B'. 'A' is too ill to sing on the day of the concert. With respect to the contract becoming void, the governing principle of supervening impossibility is contained in:
aSection 56 of the Indian Contract Act, 1872
bSection 39 of the Indian Contract Act, 1872
cSection 65 of the Indian Contract Act, 1872
dSection 51 of the Indian Contract Act, 1872
Answer: A
Section 56 deals with agreements to do an act which afterwards becomes impossible or unlawful; supervening impossibility (frustration), such as incapacity to perform a contract of personal skill, renders the contract void.
Q87Contract 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 the aggrieved party a right to treat the contract as repudiated, is called a:
aCondition
bRepresentation
cWarranty
dCovenant
Answer: A
Section 12 of the Sale of Goods Act distinguishes a condition (essential to the main purpose; breach allows repudiation) from a warranty (collateral; breach gives only a right to claim damages).
Q88Contract Act (incl. Sale of Goods / commercial)
Under the Sale of Goods Act, 1930, unless otherwise agreed, the goods remain at the seller's risk until the property therein is transferred to the buyer, after which they are at the buyer's risk whether or not delivery has been made. This rule that risk prima facie passes with property is contained in:
aSection 32
bSection 26
cSection 23
dSection 18
Answer: B
Section 26 of the Sale of Goods Act lays down that risk prima facie passes with property: goods are at the seller's risk until property passes, and thereafter at the buyer's risk regardless of delivery.
Q89Contract Act (incl. Sale of Goods / commercial)
The doctrine of caveat emptor, embodied in Section 16 of the Sale of Goods Act, 1930, broadly means that:
aThe buyer is always entitled to goods of merchantable quality
bThe seller must disclose every defect in the goods
cSubject to the Act, there is no implied warranty or condition as to the quality or fitness of goods for any particular purpose
dThe seller warrants the goods for a reasonable period
Answer: C
Section 16 enacts the rule of caveat emptor: subject to the Act, there is no implied warranty or condition as to quality or fitness, save for the statutory exceptions of fitness for purpose and merchantable quality.
Q90Contract Act (incl. Sale of Goods / commercial)
Under the Sale of Goods Act, 1930, where there is a contract for the sale of unascertained goods, no property in the goods passes to the buyer until:
aThe goods are ascertained
bDelivery is made to the buyer
cThe price is fully paid
dThe contract is reduced to writing
Answer: A
Section 18 of the Sale of Goods Act provides that in a contract for sale of unascertained goods, no property passes to the buyer unless and until the goods are ascertained.
Where an instrument is evidence of different rights or different obligations, the court may, in a proper case, cancel it in part and allow it to stand for the residue. This provision is contained in:
aSection 34 of the Specific Relief Act
bSection 32 of the Specific Relief Act
cSection 27 of the Specific Relief Act
dSection 31 of the Specific Relief Act
Answer: B
Section 32 provides for partial cancellation of an instrument that evidences different rights or obligations, allowing the unaffected residue to stand.
The proviso to Section 34 of the Specific Relief Act, 1963 lays down that no court shall make a declaration of legal character or right where the plaintiff:
aBeing able to seek further relief than a mere declaration of title, omits to do so
bHas already filed a suit for possession in another court
cSeeks a declaration against the Government
dIs not in possession of the property
Answer: A
The proviso to Section 34 bars a bare declaratory decree where the plaintiff, being able to seek further (consequential) relief, omits to claim it.
Temporary injunctions under the Specific Relief Act, 1963 (Section 37) are regulated by:
aThe Indian Contract Act, 1872
bThe Code of Civil Procedure, 1908
cThe Indian Evidence Act, 1872
dThe Limitation Act, 1963
Answer: B
Section 37(1) provides that temporary injunctions are such as continue until a specified time or further order and are regulated by the Code of Civil Procedure, 1908 (Order XXXIX).
Which section of the Specific Relief Act, 1963 deals with the grant of a mandatory injunction to compel the performance of certain acts to prevent the breach of an obligation?
aSection 40
bSection 39
cSection 41
dSection 38
Answer: B
Section 39 empowers the court, in its discretion, to grant a mandatory injunction to compel the performance of requisite acts where necessary to prevent the breach of an obligation (Section 38 deals with perpetual injunction generally).
By virtue of clause (ha) inserted into Section 41 of the Specific Relief Act by the 2018 Amendment, an injunction cannot be granted if it would:
aImpede or delay the progress or completion of any infrastructure project
bPrevent the breach of a contract the performance of which would not be specifically enforced
cAffect a contract dependent on personal qualifications
dRestrain a person from instituting proceedings in a court not subordinate to that from which the injunction is sought
Answer: A
Section 41(ha), added by the Specific Relief (Amendment) Act, 2018, bars an injunction that would impede or delay the progress or completion of an infrastructure project specified in the Schedule, complementing Section 20A.
Under the Specific Relief Act, 1963, recovery of specific immovable property is dealt with in:
aSection 7
bSection 4
cSection 5
dSection 6
Answer: C
Section 5 provides that a person entitled to possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908. Section 6 deals with the summary suit by a person dispossessed.
A suit under Section 6 of the Specific Relief Act, 1963 by a person dispossessed of immovable property without his consent and otherwise than in due course of law must be brought within:
aThree years from the date of dispossession
bOne year from the date of dispossession
cSix months from the date of dispossession
dTwelve years from the date of dispossession
Answer: C
Section 6(2)(a) bars a suit under Section 6 after the expiry of six months from the date of dispossession. This is a special, shorter period than the ordinary three-year limitation for a title suit under Section 5.
No suit under Section 6 of the Specific Relief Act, 1963 shall be brought against:
aThe Government
bA trespasser in settled possession
cA tenant holding over
dA licensee whose licence is revoked
Answer: A
Section 6(2)(b) expressly bars any suit under Section 6 from being brought against the Government. A dispossessed person seeking relief against the Government must proceed by an ordinary title suit under Section 5.
Recovery of specific movable property under the Specific Relief Act, 1963 is provided for in:
aSection 8
bSection 5
cSection 7
dSection 6
Answer: C
Section 7 enables a person entitled to the possession of specific movable property to recover it in the manner provided by the Code of Civil Procedure. Section 8 deals with the liability of a person in possession (not as owner) to deliver such property.
Q100Protection of Women from Domestic Violence Act, 2005
Under Section 12 of the Protection of Women from Domestic Violence Act, 2005, the Magistrate shall endeavour to dispose of every application made under that section within:
aSix months from the date of its first hearing
bThirty days from the date of its first hearing
cNinety days from the date of receipt of the application
dSixty days from the date of its first hearing
Answer: D
The proviso to Section 12(5) directs the Magistrate to endeavour to dispose of every application under Section 12(1) within sixty days from the date of its first hearing; the first date of hearing shall not ordinarily be beyond three days from receipt of the application.
Law Mock is an independent preparation resource and is not affiliated with any High Court, Public Service Commission, or government body. All exam information is sourced from official notifications and is updated periodically.
