Odisha Judiciary Mock Test 8 — Questions & Solutions
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A party aggrieved by a decree from which no appeal is allowed, or who discovers new and important matter or evidence which after the exercise of due diligence was not within his knowledge, may apply for a review of judgment under:
aSection 115 read with Order XLVI CPC
bSection 114 read with Order XLVII CPC
cSection 96 read with Order XLI CPC
dSection 151 read with Order XLIII CPC
Answer: B
Section 114 CPC confers the substantive right of review, and the procedure and grounds (including discovery of new evidence not within knowledge despite due diligence) are detailed in Order XLVII CPC.
Where a suit has been instituted in a court which after the trial appears to have no jurisdiction over the subject-matter, and a decree is passed, such want of jurisdiction in respect of place of suing under Section 21 CPC shall:
aRender the decree a nullity in all cases
bBe allowed to be raised for the first time in second appeal
cHave no effect on the decree under any circumstances
dBe allowed by an appellate or revisional court only if objected to in the court of first instance at the earliest opportunity and there has been a consequent failure of justice
Answer: D
Section 21 CPC provides that an objection as to the place of suing shall not be allowed by an appellate or revisional court unless it was taken in the court of first instance at the earliest possible opportunity and there has been a consequent failure of justice.
The procedure for issuing a commission, including a commission to examine a witness, to make a local investigation, or to examine accounts, is principally provided in the Code of Civil Procedure, 1908 under:
aSection 60 read with Order XXI CPC
bSection 75 read with Order XXVI CPC
cSection 80 read with Order XXVII CPC
dSection 89 read with Order X CPC
Answer: B
Section 75 CPC empowers the court to issue commissions, and the detailed procedure for commissions to examine witnesses, make local investigations, examine accounts, etc., is set out in Order XXVI CPC.
A foreign judgment is conclusive as to any matter directly adjudicated upon between the same parties, except in the cases enumerated, such as where it has not been pronounced by a court of competent jurisdiction or is founded on a breach of any law in force in India. This rule is contained in:
aSection 44A CPC
bSection 14 CPC
cSection 13 CPC
dSection 11 CPC
Answer: C
Section 13 CPC declares a foreign judgment conclusive subject to the six exceptions listed therein (clauses (a) to (f)). Section 14 raises a presumption as to competence of the foreign court, and Section 44A deals with execution of decrees of reciprocating territories.
The doctrine of res judicata, which bars the trial of a suit or issue that has been finally decided in a former suit between the same parties, is embodied in:
aSection 13 of CPC
bSection 10 of CPC
cSection 12 of CPC
dSection 11 of CPC
Answer: D
Section 11 CPC enacts the doctrine of res judicata, preventing courts from trying an issue already finally decided between the same parties litigating under the same title in a competent court. Section 10 deals with stay of suit (res sub judice).
The provision for stay of a subsequently instituted suit where a matter in issue is directly and substantially in issue in a previously instituted suit between the same parties (res sub judice) is contained in:
aSection 151 of CPC
bSection 9 of CPC
cSection 11 of CPC
dSection 10 of CPC
Answer: D
Section 10 CPC ("Stay of suit") embodies the rule of res sub judice, requiring the later suit to be stayed where the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties.
The doctrine of restitution, under which a court restores parties to the position they occupied before a decree subsequently varied or reversed, is provided in:
aSection 144 of CPC
bSection 141 of CPC
cSection 151 of CPC
dSection 148 of CPC
Answer: A
Section 144 CPC embodies the doctrine of restitution: on reversal or variation of a decree or order, the court of first instance shall, on application, cause restitution so as to place the parties in the position they would have occupied but for the erroneous decree.
No suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done by him in his official capacity until the expiration of how many months after notice in writing has been delivered?
aThree months
bTwo months
cOne month
dSix months
Answer: B
Section 80 CPC requires two months' prior notice in writing before instituting a suit against the Government or a public officer in respect of an act done in official capacity.
The power of the High Court or the District Court to transfer any suit, appeal or other proceeding pending before a subordinate court, even of its own motion, is conferred by:
aSection 22 of CPC
bSection 25 of CPC
cSection 24 of CPC
dSection 23 of CPC
Answer: C
Section 24 CPC empowers the High Court or District Court, on application or suo motu, to transfer or withdraw any suit, appeal or proceeding to a competent subordinate court. Section 25 deals with transfer by the Supreme Court.
Saving of the inherent powers 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 provided under:
aSection 151 of CPC
bSection 148 of CPC
cSection 149 of CPC
dSection 153 of CPC
Answer: A
Section 151 CPC saves the inherent power of the court to pass orders necessary for the ends of justice or to prevent abuse of its process; it does not confer a new power but preserves the existing one.
Under Section 35 of the BNSS, 2023, prior approval of an officer not below the rank of Deputy Superintendent of Police is required before arresting an aged or infirm person in cases punishable with imprisonment of less than:
aFive years
bThree years
cTen years
dSeven years
Answer: B
The proviso to Section 35 BNSS requires prior permission of an officer not below the rank of DSP before arresting a person who is infirm or above sixty years of age in offences punishable with imprisonment of less than three years.
Under Section 187 of the BNSS, 2023, the fifteen days of police custody that a Magistrate may authorise can now be sought in parts during which initial portion of the detention period for an offence punishable up to ten years?
aThe first 90 days
bThe first 15 days
cThe first 60 days
dThe first 40 days
Answer: D
Under Section 187 BNSS the 15 days police custody need not be at the inception; it may be sought in parts within the first forty days where the offence is punishable up to ten years (sixty days for graver offences).
Under the BNSS, 2023, a Court of Chief Judicial Magistrate may pass any sentence authorised by law except a sentence of death, imprisonment for life, or imprisonment for a term exceeding:
aTen years
bThree years
cSeven years
dFive years
Answer: C
Under Section 23 BNSS a Chief Judicial Magistrate may pass any sentence authorised by law except death, life imprisonment, or imprisonment exceeding seven years.
Under the BNSS, 2023, default bail on failure of the investigating agency to complete investigation within the prescribed period is a right that flows from:
aSection 187(2)
bSection 480
cSection 482
dSection 483
Answer: A
The right to statutory or default bail arises under Section 187(2) of the BNSS when the police fail to file the report within 60 or 90 days as applicable; it is an indefeasible right of the accused on furnishing bail.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, information relating to a cognizable offence may now be registered as an FIR irrespective of the area where the offence is committed. The provision dealing with the registration of such information (including the so-called "Zero FIR") is:
aSection 154
bSection 190
cSection 175
dSection 173
Answer: D
Section 173 BNSS governs information in cognizable cases and expressly enables registration of an FIR irrespective of the territorial jurisdiction, statutorily recognising the Zero FIR. It replaces Section 154 CrPC.
The power of a police officer to arrest a person without a warrant under the Bharatiya Nagarik Suraksha Sanhita, 2023 is contained in:
aSection 43
bSection 35
cSection 41
dSection 39
Answer: B
Section 35 BNSS consolidates the erstwhile Sections 41 and 41A CrPC and governs arrest without warrant; arrest is not mandatory even where the conditions are satisfied.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum total period of detention that a Magistrate may authorise where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years is:
a15 days
b90 days
c180 days
d60 days
Answer: B
Section 187(3) BNSS permits detention up to 90 days for offences punishable with death, life imprisonment or imprisonment for ten years or more, and 60 days for any other offence, beyond which the accused is entitled to default bail.
An application for grant of bail to a person apprehending arrest on an accusation of having committed a non-bailable offence (anticipatory bail) is, under the Bharatiya Nagarik Suraksha Sanhita, 2023, made under:
aSection 484
bSection 482
cSection 480
dSection 438
Answer: B
Section 482 BNSS deals with the grant of anticipatory bail by the High Court or Court of Session, corresponding to Section 438 of the old CrPC.
An order for maintenance of wives, children and parents who are unable to maintain themselves is passed by a Magistrate of the first class under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 125
bSection 148
cSection 164
dSection 144
Answer: D
Section 144 BNSS provides for the order of maintenance of wives, children and parents, corresponding to Section 125 of the old CrPC, and also allows interim maintenance during pendency of proceedings.
Under Section 17 of the Limitation Act, 1963, where a suit or application is based upon the fraud of the defendant, or the right of action is concealed by fraud, the period of limitation does not begin to run until:
aThe defendant admits the fraud in writing
bA criminal prosecution for the fraud is concluded
cThe date of the fraudulent act
dThe plaintiff has discovered the fraud, or could with reasonable diligence have discovered it
Answer: D
Section 17 postpones the running of limitation in cases of fraud, concealment or mistake: time begins only when the plaintiff has discovered the fraud or mistake, or could with reasonable diligence have discovered it.
Section 9 of the Limitation Act, 1963 embodies the principle of continuous running of time, which means that:
aWhere once time has begun to run, no subsequent disability or inability to sue stops it
bTime stops running whenever the plaintiff suffers a disability
cTime runs afresh on every part-payment
dTime never runs against a minor
Answer: A
Section 9 lays down that once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it. The sole statutory exception is where letters of administration are granted to a creditor's debtor.
Under Section 25 of the Limitation Act, 1963, the right to access and use of light or air, or to a way or watercourse, is acquired as an absolute and indefeasible easement where it has been peaceably enjoyed as an easement, without interruption, for:
a20 years in all cases
b20 years, and 30 years where the property belongs to the Government
c30 years, and 60 years where the property belongs to the Government
d12 years, and 20 years where the property belongs to the Government
Answer: B
Section 25 fixes the prescriptive period for acquiring an easement (such as light, air, way or watercourse) at 20 years of peaceable, uninterrupted enjoyment as of right; the period is enlarged to 30 years where the servient property belongs to the Government.
The subject of 'limitation of suits and proceedings' falls within which List of the Seventh Schedule to the Constitution of India, making the Limitation Act, 1963 a law that can be applied uniformly by courts across the country?
aList I (Union List)
bList III (Concurrent List)
cIt is not enumerated in any List
dList II (State List)
Answer: B
Limitation is dealt with under the Concurrent List (List III) of the Seventh Schedule, enabling both Parliament and State Legislatures to legislate, with parliamentary law (the Limitation Act, 1963) prevailing in case of repugnancy.
Under Section 3 of the Limitation Act, 1963, a suit instituted after the prescribed period:
aMay be entertained if the plaintiff shows sufficient cause
bShall be dismissed only if the defendant pleads limitation in his written statement
cShall be dismissed even though limitation has not been set up as a defence
dShall be returned to the plaintiff for re-presentation
Answer: C
Section 3 casts a duty on the court to dismiss every suit, appeal or application made after the prescribed period, although limitation has not been set up as a defence. The bar operates by the statute itself, not merely on the defendant's plea.
The benefit of Section 5 of the Limitation Act, 1963 (extension on sufficient cause) is available to:
aAppeals and applications only, and not to suits
bSuits and appeals only
cSuits, appeals and applications
dOnly applications under the Code of Civil Procedure
Answer: A
Section 5 permits admission of an appeal or application after the prescribed period if sufficient cause is shown, but it expressly does not extend to suits. A time-barred suit cannot be saved by Section 5.
Where time has once begun to run, a subsequent disability or inability of the person to institute a suit:
aDoes not stop the running of time
bStops the running of time during the disability
cEntitles the person to a fresh period of limitation
dExtends the period by the duration of the disability
Answer: A
Section 9 lays down that where once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it. Only a disability existing at the very commencement (Section 6) is relevant.
For a suit for possession of immovable property based on title, where the defendant's possession has become adverse, the period of limitation under Article 65 of the Schedule is:
a3 years from the date of dispossession
b30 years from the date of dispossession
c12 years from the date of the plaintiff's title deed
d12 years from when the defendant's possession becomes adverse to the plaintiff
Answer: D
Article 65 prescribes 12 years for a suit for possession of immovable property based on title, computed from when the possession of the defendant becomes adverse to the plaintiff. The burden of proving adverse possession lies on the defendant.
On the determination of the period limited for instituting a suit for possession of property, the effect under Section 27 of the Limitation Act, 1963 is that:
aOnly the remedy is barred but the right to the property survives
bThe right to such property is extinguished
cThe court may condone the delay in a proper case
dThe right revives on a fresh acknowledgment
Answer: B
Section 27 is an exception to the general rule that limitation bars only the remedy. In a suit for possession, on expiry of the limitation period the owner's right to the property is itself extinguished, and possession ripens into title in the adverse possessor.
An acknowledgment of liability under Section 18 of the Limitation Act, 1963 extends the period of limitation only if it is:
aMade after the expiry of the prescribed period
bMade orally before a witness
cIn writing signed by the party against whom the right is claimed, before the expiry of the prescribed period
dRegistered before a Sub-Registrar
Answer: C
Section 18 requires the acknowledgment to be in writing, signed by the party (or his authorised agent) against whom the right is claimed, and made before the expiration of the prescribed period. A fresh period then runs from the date of signing.
Q31Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Hindu Succession Act, 1956, when two or more heirs succeed together to the property of an intestate, in what manner do they take the property?
aPer capita and as tenants-in-common
bPer stirpes and as tenants-in-common
cPer capita and as joint tenants
dPer stirpes and as joint tenants
Answer: A
Section 19 of the Hindu Succession Act, 1956 provides that where two or more heirs succeed together, they take the property per capita and not per stirpes, and as tenants-in-common and not as joint tenants.
Q32Law of Succession (Hindu Succession Act + Indian Succession Act)
A Hindu male 'X' dies intestate leaving behind his widow, his mother and two sons. As per Section 10 of the Hindu Succession Act, 1956, how is his property distributed?
aThe widow takes a double share and the mother and sons take one share each
bThe mother is excluded; only the widow and the two sons inherit equally
cThe widow, the mother and each son take one share each, i.e. the property is divided into four equal shares
dThe widow takes one-half and the rest is shared by the mother and sons
Answer: C
Under Section 10, the widow takes one share, the mother takes one share, and each surviving son takes one share; here four Class I claimants take one equal share each.
Q33Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Hindu Succession Act, 1956, a person related to an intestate by blood or adoption wholly through males is called:
aA cognate
bA gotraja
cA sapinda
dAn agnate
Answer: D
Section 3(1)(a) defines an 'agnate' as one related wholly through males, while Section 3(1)(c) defines a 'cognate' as one related not wholly through males (i.e. the line of relationship includes a female).
Q34Law of Succession (Hindu Succession Act + Indian Succession Act)
Property inherited by a Hindu female from her father, who dies intestate without leaving any son or daughter (or children of a predeceased son or daughter), devolves under Section 15(2) of the Hindu Succession Act, 1956 upon:
aThe heirs of her husband
bThe general heirs in the order specified in Section 15(1)
cHer mother-in-law and father-in-law
dThe heirs of her father
Answer: D
Section 15(2)(a) carves out a special rule: property inherited from her father or mother, in the absence of her own son or daughter, reverts to the heirs of the father rather than devolving under the ordinary order in Section 15(1).
Q35Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 15(1) of the Hindu Succession Act, 1956, after the sons, daughters and the husband, the property of a female Hindu dying intestate devolves next upon:
aThe mother and father of the deceased
bThe heirs of the mother
cThe heirs of the father
dThe heirs of the husband
Answer: D
Section 15(1) lays the order as: (a) sons, daughters and husband; (b) heirs of the husband; (c) mother and father; (d) heirs of the father; (e) heirs of the mother. Hence the heirs of the husband come second.
Q36Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Hindu Succession Act, 1956, where the nature of the relationship is the same in every other respect, an heir related to the intestate by:
aFull blood is preferred to one related by half blood
bUterine blood is preferred to one related by full blood
cFull blood and half blood inherit equally
dHalf blood is preferred to one related by full blood
Answer: A
Section 18 provides that heirs related to the intestate by full blood are preferred to heirs related by half blood where the nature of the relationship is otherwise the same.
Q37Law of Succession (Hindu Succession Act + Indian Succession Act)
A son murders his father to inherit his estate sooner. Under the Hindu Succession Act, 1956, what is the consequence for the murderer-son?
aHe is disqualified from inheriting the property of the person murdered
bHe inherits a reduced half share
cHe inherits fully, the disqualification being only moral
dHe inherits but holds the property in trust for other heirs
Answer: A
Section 25 disqualifies a person who commits or abets the commission of murder from inheriting the property of the person murdered or any property he may have inherited in furtherance of the succession.
Q38Law of Succession (Hindu Succession Act + Indian Succession Act)
Any property possessed by a female Hindu, whether acquired before or after the commencement of the Act, shall be held by her as full owner and not as a limited owner. This is provided in:
aSection 6 of the Hindu Succession Act, 1956
bSection 15 of the Hindu Succession Act, 1956
cSection 14 of the Hindu Succession Act, 1956
dSection 30 of the Hindu Succession Act, 1956
Answer: C
Section 14(1) converts the limited estate of a Hindu female (the old 'widow's estate') into absolute ownership over property possessed by her, whether acquired before or after the Act.
Q39Law of Succession (Hindu Succession Act + Indian Succession Act)
After the Hindu Succession (Amendment) Act, 2005, in a Mitakshara coparcenary the daughter of a coparcener:
aBecomes a coparcener by birth in her own right in the same manner as a son
bBecomes a coparcener only if she is unmarried at her father's death
cAcquires only a right of maintenance out of the coparcenary property
dHas no interest in the coparcenary, which still passes by survivorship to the sons
Answer: A
The 2005 amendment to Section 6 makes 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 the coparcenary property.
Q40Law of Succession (Hindu Succession Act + Indian Succession Act)
A testator bequeaths a legacy to his friend 'B'. 'B' dies during the lifetime of the testator, and the will discloses no contrary intention. Under the Indian Succession Act, 1925, the legacy:
aIs held in trust by the executor for B's estate
bLapses and forms part of the residue of the testator's property
cTakes effect in favour of B's nearest relative
dPasses to the legal heirs of 'B'
Answer: B
Section 105 provides that if a legatee does not survive the testator, the legacy cannot take effect and lapses, forming part of the residue, unless a contrary intention appears from the will.
A gift of immovable property under the Transfer of Property Act, 1882 can be validly made only by:
aA registered instrument signed by or on behalf of the donor and attested by at least two witnesses
bAn unregistered instrument accompanied by delivery of possession
cDelivery of possession alone
dAn oral declaration before two witnesses
Answer: A
Section 123 requires that a gift of immovable property be effected by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses; delivery of possession is not sufficient.
'A' transfers property to 'B' for life, and after B's death to C. Pending B's life interest, the interest of C is:
aNo interest at all until B's death
bA spes successionis
cA contingent interest
dA vested interest
Answer: D
Under Section 19, where on a transfer an interest is created in favour of a person without specifying the time when it is to take effect, or on the happening of an event certain to happen, the interest is vested; C's interest is vested though enjoyment is postponed to B's death.
A condition the fulfilment of which is impossible, or which is forbidden by law, or is of such a nature that, if permitted, it would defeat the provisions of any law, or is immoral, attached to a transfer of property, renders the transfer under Section 25:
aEffective only on registration
bVoid
cVoidable at the option of the transferor
dValid, with the condition alone being void
Answer: B
Section 25 provides that an interest created on a transfer of property subject to a condition that is impossible, unlawful, immoral or opposed to public policy fails, rendering the transfer itself void.
The maximum period for which vesting of interest may be postponed under the rule against perpetuity in Section 14 of the Transfer of Property Act, 1882 is:
aThe life or lives of persons living at the date of transfer plus the minority of the ultimate beneficiary
bAn absolute period of 18 years from the date of transfer
cThe life or lives of persons living at the date of transfer plus a period of 21 years
dThe life or lives of persons living at the date of transfer only
Answer: A
Section 14 permits postponement of vesting up to the lifetime of one or more persons living at the date of transfer plus the period of minority of the ultimate beneficiary who must be in existence at the expiration of that period.
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 years. The transfer in favour of B's son is:
aVoid, as a life estate cannot precede a contingent interest
bValid, as it vests within the perpetuity period
cValid, but the age is automatically reduced to 18 years
dVoid, as it offends the rule against perpetuity under Section 14
Answer: D
Vesting is postponed to age 25, which exceeds the life of B plus the minority of the ultimate beneficiary; the transfer to the son therefore offends Section 14 and is void.
Where a person is, by the consent of the real owner, the ostensible owner of immovable property and transfers it for consideration, the transfer shall not be voidable on the ground that the transferor was not authorised to make it, provided the transferee acted in good faith and with reasonable care. This protection is contained in:
aSection 38
bSection 41
cSection 44
dSection 43
Answer: B
Section 41 protects a bona fide transferee for value from an ostensible owner (the doctrine of holding out), provided the transferee took reasonable care to ascertain the transferor's power and acted in good faith.
The doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882 has the effect that a transfer of the suit property during the pendency of litigation is:
aVoidable at the option of the court
bVoid ab initio
cValid but subject to the decision of the court in the pending suit
dIllegal and punishable
Answer: C
A transfer made during the pendency of a suit is not void; it remains valid between the parties but is subject to the rights declared by the decree, so the transferee is bound by the outcome of the litigation.
Which one of the following is NOT among the conditions required to invoke the doctrine of part performance under Section 53A of the Transfer of Property Act, 1882?
aThe contract for transfer must have been registered
bThe transferee must be willing to perform his part of the contract
cThere must be a contract in writing signed by the transferor
dThe transferee must have taken possession in part performance of the contract
Answer: A
Section 53A protects a transferee in possession even where the instrument is not registered; it requires a written contract signed by the transferor, possession taken in part performance, and the transferee's willingness to perform. Registration is precisely what the doctrine dispenses with.
Under Section 54 of the Transfer of Property Act, 1882, sale of tangible immovable property of the value of one hundred rupees and upwards can be made:
aBy an oral agreement accompanied by payment of price
bOnly by delivery of possession
cOnly by a registered instrument
dEither by registered instrument or by delivery of property
Answer: C
Section 54 mandates that sale of tangible immovable property of value Rs. 100 or more can only be made by a registered instrument; only property below Rs. 100 may be transferred by registered instrument or by delivery.
In which type of mortgage under Section 58 of the Transfer of Property Act, 1882 does the mortgagor bind himself to repay the mortgage-money on a certain date and transfers the property absolutely to the mortgagee, subject to a proviso for re-transfer on repayment?
aSimple mortgage
bUsufructuary mortgage
cMortgage by conditional sale
dEnglish mortgage
Answer: D
Section 58(e) defines the English mortgage: the mortgagor binds himself to repay on a certain date and transfers the property absolutely to the mortgagee, subject to a proviso for re-transfer upon payment of the mortgage-money.
Under the Bharatiya Nyaya Sanhita, 2023, a person who 'instigates' another to do a thing, or engages in a conspiracy for doing it, or intentionally aids its doing, commits:
aCriminal conspiracy under Section 61
bAn attempt under Section 62
cAbetment under Section 45
dCommon intention under Section 3(5)
Answer: C
Section 45 of the BNS, 2023 defines abetment through the three modes of instigation, conspiracy and intentional aid, corresponding to the former Section 107 IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the general exception relating to an act of a person who, by reason of unsoundness of mind, is incapable of knowing the nature of the act, is now framed in terms of:
aLegal insanity tested only by medical proof
bIntoxication under Section 23
cMental illness / unsoundness of mind under Section 22
dMistake of fact under Section 14
Answer: C
Section 22 of the BNS, 2023 retains the general exception for acts of a person of unsound mind (legal insanity), corresponding to the former Section 84 IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'terrorist act' is defined and punished under:
aSection 113
bSection 111
cSection 16 of the UAPA only
dSection 152
Answer: A
Section 113 of the BNS, 2023 introduces 'terrorist act' as an offence within the general penal code for the first time, covering acts threatening the unity, integrity, security or economic security of the country.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'snatching' has been introduced as a distinct offence for the first time. It is dealt with under:
aSection 309
bSection 303
cSection 304
dSection 308
Answer: C
Section 304 BNS makes snatching a separate offence, providing that theft is snatching if the offender suddenly, quickly or forcibly seizes or grabs movable property from a person or his possession; this had no specific counterpart in the old IPC.
Culpable homicide is defined under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 103
bSection 101
cSection 100
dSection 105
Answer: C
Section 100 BNS defines culpable homicide (corresponding to old Section 299 IPC), while Section 101 defines murder and Section 103 prescribes the punishment for murder.
The punishment for murder under the Bharatiya Nyaya Sanhita, 2023 is provided in:
aSection 103
bSection 101
cSection 105
dSection 102
Answer: A
Section 103(1) BNS prescribes death or imprisonment for life and fine as the punishment for murder, corresponding to old Section 302 IPC. Section 101 merely defines murder.
The Bharatiya Nyaya Sanhita, 2023 has, for the first time, made specific provision for so-called 'mob lynching' — murder by a group of five or more persons on the ground of race, caste or community, sex, place of birth, language, personal belief or any other similar ground. This provision is found in:
aSection 111
bSection 103(2)
cSection 101
dSection 117(4)
Answer: B
Section 103(2) BNS punishes murder committed by a group of five or more persons acting in concert on grounds such as race, caste, community, sex, language or personal belief, with death, imprisonment for life or imprisonment of not less than seven years and fine.
The offence of criminal conspiracy is defined under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 120A
bSection 59
cSection 120B
dSection 61
Answer: D
Section 61 BNS defines criminal conspiracy as an agreement between two or more persons to do, or cause to be done, an illegal act or a legal act by illegal means; it replaces old Sections 120A and 120B IPC.
Under the Bharatiya Nyaya Sanhita, 2023, theft is defined in:
aSection 303
bSection 378
cSection 308
dSection 304
Answer: A
Section 303 BNS defines theft as dishonestly moving movable property out of another's possession without consent (corresponding to old Section 378 IPC). Section 304 deals with snatching and Section 308 with extortion.
The advisory jurisdiction of the Supreme Court, whereby the President may refer a question of law or fact for the Court's opinion, is contained in:
aArticle 137
bArticle 136
cArticle 143
dArticle 131
Answer: C
Article 143 confers advisory jurisdiction on the Supreme Court, enabling the President to seek its opinion on questions of law or fact of public importance.
The constitutional validity of the 'right to die' was considered, and Section 309 IPC upheld, by the Supreme Court in:
aManeka Gandhi vs. Union of India
bP. Rathinam vs. Union of India
cGian Kaur vs. State of Punjab
dCommon Cause vs. Union of India
Answer: C
In Gian Kaur vs. State of Punjab (1996), the Supreme Court held that the right to life under Article 21 does not include the right to die, overruling P. Rathinam.
Under Article 61 of the Constitution, a resolution to prefer a charge against the President for impeachment must be passed by each House by a majority of:
aMore than half of the total membership of that House
bNot less than three-fourths of the members present and voting
cNot less than two-thirds of the total membership of that House
dNot less than two-thirds of the members present and voting
Answer: C
Article 61(3) requires the resolution preferring the charge to be passed by a majority of not less than two-thirds of the total membership of the House. The same threshold applies when the other House investigates and sustains the charge.
Article 169 of the Constitution, dealing with the abolition or creation of a Legislative Council in a State, provides that a law made under it:
aRequires ratification by not less than one-half of the State Legislatures
bShall be deemed to be an amendment of the Constitution under Article 368
cShall not be deemed to be an amendment of the Constitution for the purposes of Article 368
dCan be passed by Parliament only with the prior assent of the President
Answer: C
Article 169(3) expressly provides that no such law shall be deemed to be an amendment of the Constitution for the purposes of Article 368, even though it may contain provisions amending the Constitution.
A State Legislative Assembly may pass a resolution for the creation of a Legislative Council under Article 169 by a majority of:
aThe total membership of the Assembly only
bThe total membership of the Assembly and not less than two-thirds of the members present and voting
cTwo-thirds of the total membership of the Assembly
dNot less than two-thirds of the members present and voting only
Answer: B
Under Article 169(1), the Assembly's resolution must be passed by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members present and voting.
Which one of the following statements correctly distinguishes Article 226 from Article 32 of the Constitution?
aArticle 226 can be suspended during an Emergency in the same manner as Article 32
bArticle 226 can be invoked for enforcement of Fundamental Rights as well as for any other legal purpose, making its scope wider
cArticle 226 is itself a Fundamental Right, while Article 32 is not
dArticle 226 can be invoked only for enforcement of Fundamental Rights, while Article 32 covers any legal right
Answer: B
The power of a High Court under Article 226 is wider, as writs can be issued not only for enforcement of Fundamental Rights but also for any other purpose; Article 32 is confined to enforcement of Fundamental Rights and is itself a Fundamental Right.
In Kihoto Hollohan vs. Zachillhu, the Supreme Court held that the decision of the Speaker/Chairman on a question of disqualification under the Tenth Schedule:
aIs amenable to judicial review, the Speaker acting as a Tribunal
bIs final and wholly immune from judicial review
cIs subject to appeal before the Election Commission
dCan be reviewed only by the Governor of the State
Answer: A
In Kihoto Hollohan (1992), the Supreme Court held that while exercising powers under the Tenth Schedule the Speaker/Chairman acts as a Tribunal, and the decision is subject to judicial review on limited grounds, though only after the decision is rendered.
The Eleventh Schedule of the Constitution, which enumerates 29 functional items, is connected with:
aMunicipalities under Part IXA
bPanchayats under Part IX
cDistribution of legislative powers under Part XI
dTribal areas under the Sixth Schedule
Answer: B
The Eleventh Schedule, inserted by the 73rd Amendment, lists 29 subjects relating to Panchayats under Part IX. The Twelfth Schedule (18 items) relates to Municipalities under Part IXA.
Under Article 243-O of the Constitution, the courts are barred from interfering in:
aDisputes regarding the financial powers of Panchayats
bThe duration of a Panchayat under Article 243E
cThe validity of any law relating to delimitation of constituencies for Panchayat elections
dReservation of seats in Panchayats for Scheduled Castes
Answer: C
Article 243-O bars courts from questioning the validity of any law relating to delimitation of constituencies or allotment of seats made under Article 243K, and provides that no Panchayat election shall be questioned except by an election petition.
A witness who is unable to speak may give his evidence in any manner in which he can make it intelligible, such as by writing or by signs, and such evidence shall be deemed to be oral evidence. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) this is provided in:
aSection 126
bSection 125
cSection 124
dSection 138
Answer: B
Section 125 of the BSA (which replaces Section 119 IEA) deals with a witness unable to communicate verbally; such evidence given in writing or by signs in open court is deemed to be oral evidence.
Under Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the legal position regarding an accomplice is that:
aAn accomplice is an incompetent witness against an accused
bA conviction based on accomplice testimony is always illegal without corroboration
cAn accomplice is a competent witness and a conviction is not illegal merely because it proceeds upon the corroborated testimony of an accomplice
dAn accomplice can testify only after being granted pardon
Answer: C
Section 138 of the BSA (which replaces Section 133 IEA) 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. (This is a noted drafting change from IEA s.133, which read 'uncorroborated'.) Illustration (b) to Section 119 BSA states the rule of prudence.
Section 139 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides that for the proof of any fact:
aA minimum of three witnesses is required in criminal cases
bNo particular number of witnesses shall in any case be required
cAt least two independent witnesses are required
dCorroboration by documentary evidence is mandatory
Answer: B
Section 139 of the BSA (which replaces Section 134 IEA) lays down that no particular number of witnesses is required to prove any fact; evidence is to be weighed and not counted.
A witness may be cross-examined as to previous statements made by him in writing relevant to matters in question, without such writing being shown to him; but if it is intended to contradict him by the writing, his attention must be called to those parts before the writing can be proved. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) this rule is contained in:
aSection 147
bSection 146
cSection 148
dSection 149
Answer: C
Section 148 of the BSA (which replaces Section 145 IEA) governs cross-examination as to previous statements in writing; the witness's attention must be drawn to the contradictory portions before the writing is proved.
A confession made to a police officer is, by virtue of Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA):
aAdmissible if voluntarily made
bNot provable against the person accused of any offence
cAdmissible if it leads to discovery of a fact
dAdmissible only if recorded by a Magistrate
Answer: B
Section 23(1) of the BSA expressly bars proof of any confession made to a police officer against a person accused of any offence; it is inadmissible irrespective of whether it was voluntary.
So much of the information received from an accused in police custody as relates distinctly to the fact thereby discovered may be proved under:
aSection 24
bSection 22
cSection 23(1)
dSection 23(2)
Answer: D
The proviso to Section 23(2) of the BSA permits proof of so much of the information received from an accused in custody, whether or not amounting to a confession, as distinctly relates to the fact thereby discovered.
Under Section 26 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a dying declaration is relevant:
aOnly in criminal proceedings relating to the cause of death
bOnly when made in expectation of death
cIn both civil and criminal proceedings in which the cause of death comes into question
dOnly if reduced to writing by a Magistrate
Answer: C
Under Section 26(a) of the BSA, a statement as to the cause of death is relevant whether the person was or was not under expectation of death, and is admissible in both civil and criminal proceedings in which the cause of that person's death comes into question.
When more persons than one are being tried jointly for the same offence, a confession made by one of them affecting himself and the others may be taken into consideration by the court under:
aSection 23(2)
bSection 26
cSection 27
dSection 24
Answer: D
Section 24 of the BSA (corresponding to Section 30 IEA) allows the court to take into consideration a confession affecting the maker and a co-accused where they are tried jointly for the same offence.
The opinion of an expert under Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) may be sought upon a point of:
aQuestions of fact in issue exclusively
bIndian law only
cLocal custom recognised by a village panchayat
dForeign law, science, art, or identity of handwriting or finger impressions
Answer: D
Section 39 of the BSA makes relevant the opinion of persons specially skilled upon points of foreign law, science or art (or any other field), or as to identity of handwriting or finger impressions.
The burden of proving that a person is alive who has not been heard of for seven years by those who would naturally have heard of him lies, under Section 111 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA):
aOn the person who affirms it
bOn the person who denies it
cOn the State
dOn the court to presume
Answer: A
Under Section 111 of the BSA, once seven years' unexplained absence is shown, the burden of proving that the person is alive shifts to the person who affirms it.
Q81Contract Act (incl. Sale of Goods / commercial)
Under the Sale of Goods Act, 1930, a seller of goods is deemed to be an 'unpaid seller' when:
aThe goods have perished after the sale
bThe buyer has become insolvent, irrespective of payment
cThe whole of the price has not been paid or tendered
dOnly part of the goods have been delivered
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 received a negotiable instrument as conditional payment which has been dishonoured.
Q82Contract Act (incl. Sale of Goods / commercial)
The maxim 'nemo dat quod non habet', subject to its statutory exceptions, is embodied in the Sale of Goods Act, 1930 primarily in:
aSection 27
bSection 23
cSection 30
dSection 19
Answer: A
Section 27 of the Sale of Goods Act enacts the rule that a seller cannot give a better title than he himself has (nemo dat quod non habet), subject to exceptions such as sale by a mercantile agent and estoppel.
Q83Contract Act (incl. Sale of Goods / commercial)
Under Section 30 of the Indian Partnership Act, 1932, a minor admitted to the benefits of partnership:
aIs not personally liable, his liability being limited to his share in the firm's property and profits
bIs personally liable for all the debts of the firm
cBecomes a full partner on the consent of all partners
dCannot inspect or copy the accounts of the firm
Answer: A
Under Section 30, a minor admitted to the benefits of partnership shares in the property and profits, may inspect the accounts, but is not personally liable to third parties; his liability is limited to his share in the firm's property and profits.
Q84Contract Act (incl. Sale of Goods / commercial)
Under Section 30 of the Indian Partnership Act, 1932, a person who has been admitted to the benefits of partnership during his minority must elect whether or not to become a partner within:
aThree months of attaining majority
bSix months of obtaining knowledge of his admission, in every case
cOne year of attaining majority
dSix months of attaining majority or of obtaining knowledge of his admission, whichever date is later
Answer: D
Section 30(5) allows such a person, within six months of attaining majority or of obtaining knowledge that he was admitted to the benefits of partnership, whichever date is later, to give public notice electing to become or not to become a partner.
Q85Contract Act (incl. Sale of Goods / commercial)
Under Section 138 of the Negotiable Instruments Act, 1881, to attract criminal liability for dishonour of a cheque, the cheque must, among other conditions, have been:
aDrawn only in favour of a banker
bDrawn for the discharge of a legally enforceable debt or other liability and presented within its validity period
cPresented within six months in every case, irrespective of its validity
dDrawn for any purpose and presented within one year
Answer: B
Section 138 penalises dishonour of a cheque drawn for discharge of a legally enforceable debt or other liability, provided it is presented within its period of validity and the statutory notice and non-payment conditions are met.
Q86Contract Act (incl. Sale of Goods / commercial)
Under Section 2(d) of the Indian Contract Act, 1872, consideration for a promise may consist of an act or abstinence which is:
aOnly future and never past
bOnly present or future
cOnly present
dPast, present or future
Answer: D
Section 2(d) covers an act done or abstained from (past), being done or abstained from (present), or promised to be done or abstained from (future). Thus Indian law recognises past, present and future consideration.
Q87Contract Act (incl. Sale of Goods / commercial)
In Lalman Shukla v. Gauri Dutt, the Allahabad High Court held that a person who finds and returns a missing boy without knowledge of an announced reward:
aMay claim the reward only if he later learns of the offer
bIs not entitled to the reward as there can be no acceptance of an offer not known to him
cIs entitled to half the reward on quantum meruit
dIs entitled to the reward because the act was performed
Answer: B
The Court held that acceptance must be made with knowledge of the offer; a person who acts in ignorance of the proposal cannot be said to have accepted it, so no contract arises and no reward is payable.
Q88Contract Act (incl. Sale of Goods / commercial)
A promise made to compensate, wholly or in part, a person who has already voluntarily done something for the promisor is:
aA valid contract though made without fresh consideration, under the exception in Section 25
bVoid for want of consideration
cVoidable at the option of the promisor
dEnforceable only if reduced to writing and registered
Answer: A
Section 25(2) of the Indian Contract Act, 1872 makes an agreement to compensate a person for a past voluntary service binding, despite the general rule that agreements without consideration are void.
Q89Contract Act (incl. Sale of Goods / commercial)
The doctrine of frustration of contract, i.e. supervening impossibility, is embodied in which provision of the Indian Contract Act, 1872?
aSection 65
bSection 39
cSection 56
dSection 73
Answer: C
Section 56 provides that an agreement to do an act impossible in itself is void, and a contract to do an act which afterwards becomes impossible or unlawful, without the fault of the promisor, also becomes void.
Q90Contract Act (incl. Sale of Goods / commercial)
Hadley v. Baxendale is regarded as the foundation of the law relating to:
aDamages for breach of contract and remoteness of damage
bFrustration of contract
cQuasi-contract
dPrivity of contract
Answer: A
Hadley v. Baxendale laid down the rule of remoteness of damage in breach of contract, which is reflected in Section 73 of the Indian Contract Act, 1872 dealing with compensation for loss naturally arising or within the parties' contemplation.
Under Section 8 of the Specific Relief Act, 1963, a person having possession or control of an article of movable property, of which he is not the owner, may be compelled to deliver it to the person entitled to immediate possession when:
aAll of the above
bCompensation in money would not afford adequate relief for the loss of the thing
cIt would be extremely difficult to ascertain the actual damage caused by its loss
dThe thing is held by the defendant as agent or trustee of the claimant
Answer: A
Section 8 lists four cases, including where the thing is held as agent or trustee, where money compensation is inadequate, and where actual damage is extremely difficult to ascertain. All listed grounds are covered.
The heading 'Cases in which specific performance of contract enforceable' relates to which section of the Specific Relief Act, 1963?
aSection 14
bSection 10
cSection 9
dSection 12
Answer: B
Section 10 governs the cases in which specific performance of a contract is enforceable. After the 2018 Amendment it provides that specific performance shall be enforced subject to sub-section (2) of Section 11, Section 14 and Section 16.
After the Specific Relief (Amendment) Act, 2018, the grant of specific performance of a contract by the court is:
aA general rule to be enforced, subject to the statutory exceptions
bPurely a discretionary remedy of the court
cAvailable only with the consent of both parties
dAvailable only where damages cannot be quantified
Answer: A
The 2018 Amendment substituted Section 10 so that specific performance 'shall' be enforced by the court, subject to Section 11(2), Section 14 and Section 16, converting it from a discretionary to a general rule.
Specific performance of a part of a contract is dealt with under which section of the Specific Relief Act, 1963?
aSection 10
bSection 16
cSection 18
dSection 12
Answer: D
Section 12 deals with specific performance of part of a contract, embodying the principle that the court ordinarily directs performance of the whole, with limited exceptions for performing a part.
A contract which is in its nature determinable cannot be specifically enforced. This is provided in which section of the Specific Relief Act, 1963?
aSection 16
bSection 14
cSection 20
dSection 12
Answer: B
Section 14 enumerates contracts not specifically enforceable, including a contract which is in its nature determinable, one involving a continuous duty the court cannot supervise, and one dependent on personal qualifications.
The heading 'Personal bars to relief' in the Specific Relief Act, 1963 appears in:
aSection 19
bSection 16
cSection 14
dSection 15
Answer: B
Section 16 lays down personal bars to relief, including the requirement that the plaintiff plead and prove readiness and willingness to perform the essential terms of the contract.
Specific performance of a contract may, under Section 19 of the Specific Relief Act, 1963, be enforced against:
aOnly the parties to the contract
bOnly a transferee for value irrespective of notice
cEither party and any person claiming under him by a title arising subsequently to the contract, except a transferee for value who paid in good faith without notice
dAny person in possession of the property regardless of notice
Answer: C
Section 19 allows enforcement against the parties and persons claiming under them by a subsequent title, but protects a transferee for value who has paid money in good faith and without notice of the original contract.
Rectification of an instrument under the Specific Relief Act, 1963 may be ordered, where through fraud or mutual mistake the instrument does not express the real intention of the parties, under:
aSection 34
bSection 31
cSection 36
dSection 26
Answer: D
Section 26 provides for rectification of an instrument where, by reason of fraud or mutual mistake of the parties, it does not express their real intention. Section 31 deals with cancellation, and Section 34 with declaratory decrees.
Preventive relief under the Specific Relief Act, 1963 is granted at the discretion of the court by injunction, temporary or perpetual. This is provided in:
aSection 38
bSection 39
cSection 34
dSection 36
Answer: D
Section 36 states that preventive relief is granted at the discretion of the court by injunction, temporary or perpetual. Section 37 then classifies temporary and perpetual injunctions.
Q100Protection of Women from Domestic Violence Act, 2005
A breach of a protection order, or of an interim protection order, by the respondent under Section 31 of the Protection of Women from Domestic Violence Act, 2005 is punishable with imprisonment which may extend to:
aOne year, or fine up to twenty thousand rupees, or both
bThree years and fine, only
cSix months, or fine up to ten thousand rupees, or both
dTwo years, or fine up to fifty thousand rupees, or both
Answer: A
Section 31(1) makes breach of a protection order or interim protection order an offence punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.
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