Odisha Judiciary Mock Test 9 — Questions & Solutions
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The court's power to enlarge the period fixed or granted by it for the doing of any act prescribed or allowed by the Code is contained in:
aSection 148 of CPC
bSection 149 of CPC
cSection 152 of CPC
dSection 151 of CPC
Answer: A
Section 148 CPC empowers the court to enlarge the time for doing an act, even if the originally fixed period has expired. Section 149 relates to payment of deficit court fee.
A first appeal from an original decree passed by a court exercising original jurisdiction lies under which provision of the Code of Civil Procedure?
aSection 104 of CPC
bSection 96 of CPC
cSection 100 of CPC
dSection 115 of CPC
Answer: B
Section 96 CPC provides for a first appeal from every decree passed by a court exercising original jurisdiction. A second appeal to the High Court on a substantial question of law lies under Section 100.
Amendment of pleadings, allowing either party to alter or amend its pleadings on such terms as may be just, is governed by:
aOrder VIII, Rule 9 of CPC
bOrder VI, Rule 16 of CPC
cOrder VI, Rule 17 of CPC
dOrder VII, Rule 11 of CPC
Answer: C
Order VI Rule 17 CPC governs amendment of pleadings; after commencement of trial, the proviso bars amendment unless the court finds the party could not have raised the matter before despite due diligence.
Rejection of a plaint where it does not disclose a cause of action or is barred by any law is provided for under:
aOrder VI, Rule 16 of CPC
bOrder VII, Rule 11 of CPC
cOrder IX, Rule 8 of CPC
dOrder VII, Rule 10 of CPC
Answer: B
Order VII Rule 11 CPC enumerates grounds for rejection of a plaint, including where it discloses no cause of action, is undervalued, insufficiently stamped, or is barred by law. Order VII Rule 10 deals with return of plaint.
A defendant who claims to set off against the plaintiff's demand an ascertained sum of money legally recoverable must give particulars of the set-off in the written statement under:
aOrder VIII, Rule 6A of CPC
bOrder VIII, Rule 6 of CPC
cOrder VIII, Rule 9 of CPC
dOrder VIII, Rule 1 of CPC
Answer: B
Order VIII Rule 6 CPC permits legal set-off of an ascertained sum legally recoverable and requires its particulars to be stated in the written statement. A counter-claim is dealt with under Rule 6A.
An application by a defendant to set aside an ex parte decree passed against him, on the ground that he was prevented by sufficient cause from appearing, is to be made under:
aOrder IX, Rule 9 of CPC
bSection 96 of CPC
cOrder IX, Rule 13 of CPC
dOrder XXII, Rule 4 of CPC
Answer: C
Order IX Rule 13 CPC allows a defendant against whom an ex parte decree is passed to apply for setting it aside on showing that summons was not duly served or that he was prevented by sufficient cause from appearing. Order IX Rule 9 deals with dismissal for plaintiff's default.
The procedure on the death of a party to a suit, including the question of abatement where the right to sue survives, is dealt with in:
aOrder XXI of CPC
bOrder XXIII of CPC
cOrder XXII of CPC
dOrder XX of CPC
Answer: C
Order XXII CPC governs death, marriage and insolvency of parties, and provides for abatement of the suit where no application to bring legal representatives on record is made within the prescribed time. Order XXI deals with execution.
Cases in which a temporary injunction may be granted, such as where property is in danger of being wasted, damaged or alienated by a party, are enumerated in:
aOrder XXXIX, Rules 1 and 2 of CPC
bOrder XL, Rule 1 of CPC
cOrder XXXVIII, Rule 5 of CPC
dSection 94 of CPC
Answer: A
Order XXXIX Rules 1 and 2 CPC specify the circumstances in which a temporary injunction may be granted, including danger of property being wasted, damaged or wrongfully sold, or threatened breach of contract. Order XL Rule 1 concerns appointment of a receiver.
Execution of decrees and orders, including the modes by which a decree may be executed and the procedure for attachment and sale, is comprehensively dealt with in:
aOrder XXI of CPC
bOrder XXII of CPC
cSection 36 of CPC
dOrder XX of CPC
Answer: A
Order XXI CPC is the longest order in the Code and exhaustively governs execution of decrees and orders, including attachment, sale, arrest and delivery of property. Section 36 merely makes the provisions on execution of decrees applicable to orders.
The doctrine of res judicata, which bars the trial of a matter already directly and substantially in issue in a former suit between the same parties, is contained in:
aSection 11 of CPC
bSection 12 of CPC
cSection 13 of CPC
dSection 10 of CPC
Answer: A
Section 11 CPC embodies res judicata, barring a court from trying any issue already directly and substantially in issue in a former suit between the same parties litigating under the same title and finally decided. Section 10 deals with stay of suit (res sub judice).
The Bharatiya Nagarik Suraksha Sanhita, 2023 makes it mandatory for a forensic expert to visit the scene of crime to collect forensic evidence and to record the process by videography where the offence is punishable with imprisonment for a term of:
aten years or more
bthree years or more
cseven years or more
dfive years or more
Answer: C
Section 176(3) BNSS makes the visit of a forensic expert to the crime scene mandatory for offences punishable with seven years or more, with the process to be recorded through electronic means.
The Bharatiya Nagarik Suraksha Sanhita, 2023 introduces, for the first time, a provision for trial in absentia of a proclaimed offender. Under this provision, the trial may commence only after a period from the date of framing of charge of:
asixty days
bthirty days
cninety days
done hundred and eighty days
Answer: C
Section 356 BNSS introduces trial in absentia of a proclaimed offender; the proviso requires that the trial commence only after ninety days from the date of framing of charge.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the obligation upon every State Government to prepare and notify a Witness Protection Scheme for the State is contained in:
aSection 360
bSection 423
cSection 412
dSection 398
Answer: D
Section 398 BNSS is a new provision mandating every State Government to prepare and notify a Witness Protection Scheme; there was no corresponding provision in the old CrPC.
The general provision in the Bharatiya Nagarik Suraksha Sanhita, 2023 permitting all trials, inquiries and proceedings — including issuance and service of summons, examination of witnesses and recording of evidence — to be held in electronic mode is:
aSection 348
bSection 105
cSection 530
dSection 254
Answer: C
Section 530 BNSS provides that all trials, inquiries and proceedings may be held in electronic mode by use of audio-video electronic means; it is a wholly new enabling provision.
Under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the process of conducting a search and the preparation of the list of seized things, including the signing by witnesses, shall be:
arecorded only where the offence is non-bailable
battested only by two independent witnesses of the locality
crecorded through audio-video electronic means, preferably mobile phone
dreduced to writing in triplicate before a Magistrate
Answer: C
Section 105 BNSS requires that the entire process of search and seizure, including the search list and witnesses' signatures, be recorded through audio-video electronic means, preferably a mobile phone; this is a new mandate.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a person who is a first-time offender (against whom proceedings are pending in only one case) shall be released on bond by the Court if he has undergone detention for a period extending up to:
athe whole of the maximum period of imprisonment specified for the offence
bone-fourth of the maximum period of imprisonment specified for the offence
cone-half of the maximum period of imprisonment specified for the offence
done-third of the maximum period of imprisonment specified for the offence
Answer: D
The first proviso to Section 479(1) BNSS is a new benefit: a first-time offender shall be released on bond on undergoing detention up to one-third of the maximum period of imprisonment specified for the offence (one-half for others).
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the police report on completion of investigation (charge sheet) is forwarded to the Magistrate under:
aSection 193
bSection 210
cSection 173
dSection 190
Answer: A
Section 193 BNSS deals with the report of the police officer on completion of investigation, corresponding to Section 173 of the old CrPC, and now permits submission in electronic form with prescribed annexures.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, classification of offences as cognizable and non-cognizable means that, in a non-cognizable offence, a police officer:
amust obtain sanction of the District Magistrate before arrest
bshall not arrest without a warrant
cmay arrest without a warrant
dmay arrest only with the consent of the complainant
Answer: B
As defined in Section 2(1)(o) BNSS, a non-cognizable offence is one for which a police officer has no authority to arrest without a warrant; the position is unchanged from the old CrPC.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where a person is arrested or detained, information regarding such arrest and the place where he is being held shall be given by the designated police officer to:
athe Superintendent of Police of the district
bthe nearest Judicial Magistrate only
chis relatives, friends or such other persons as disclosed or nominated by him, and the information shall also be displayed in the police station and District Headquarters
dthe District Legal Services Authority alone
Answer: C
Section 48 BNSS requires the appointed police officer to give arrest information to nominated persons, and Section 37 newly mandates designation of a police officer and prominent display of details of arrested persons at every police station and district headquarters.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a Magistrate empowered to take cognizance of an offence under Section 210 may, upon receiving a complaint, postpone issue of process and direct an investigation by a police officer or hold an inquiry himself. This corresponds in the old CrPC to:
aSection 202
bSection 204
cSection 200
dSection 156(3)
Answer: A
Section 225 BNSS (postponement of issue of process) corresponds to Section 202 of the old CrPC, while Section 210 BNSS corresponds to Section 190 (cognizance of offences by Magistrates).
For any application for which no period of limitation is provided elsewhere in the Schedule, the residuary Article 137 prescribes a period of:
a90 days
b1 year
c3 years from when the right to apply accrues
d30 days
Answer: C
Article 137 is the residuary article for applications, prescribing 3 years from when the right to apply accrues. It corresponds to Article 113, which is the residuary article for suits.
The period of limitation for an appeal to a High Court from a decree or order in a civil proceeding (Article 116 of the Schedule) is:
a120 days from the date of the decree or order
b90 days from the date of the decree or order
c30 days from the date of the decree or order
d60 days from the date of the decree or order
Answer: B
Article 116 prescribes 90 days for an appeal to a High Court from a decree or order in a civil proceeding, whereas Article 117 prescribes 30 days for an appeal from a decree or order of a High Court to the same court.
Where the prescribed period for a suit for declaration arises, the residuary Article 58 of the Schedule prescribes a limitation of:
a6 years from when the right to sue accrues
b3 years from when the right to sue first accrues
c12 years from the date of the instrument
d1 year from the date of the cause of action
Answer: B
Article 58 prescribes 3 years for a suit to obtain a declaration, computed from when the right to sue first accrues. It is distinguished from Article 65, which gives 12 years for possession based on title.
A suit for possession of immovable property based on previous possession (and not on title), where the plaintiff has been dispossessed, is governed by Article 64 with a limitation period of:
a12 years from the date of dispossession
b12 years from when the plaintiff's title accrues
c3 years from the date of dispossession
d6 years from the date of dispossession
Answer: A
Article 64 prescribes 12 years from the date of dispossession for a suit for possession founded on previous possession (possessory title), as distinct from Article 65 which is founded on title.
In computing the period of limitation for an appeal under Section 12 of the Limitation Act, 1963, which of the following is excluded?
aThe entire vacation period of the court
bThe day from which the period is to be reckoned and the time requisite for obtaining a copy of the decree appealed from
cThe period during which the appellant was under legal disability
dOnly the day on which the period begins to run
Answer: B
Section 12(1) excludes the day from which the period is to be reckoned, and Section 12(2) excludes the time requisite for obtaining a copy of the decree, sentence or order appealed from. This is distinct from condonation under Section 5.
Where a person entitled to institute a suit is, at the time from which the period of limitation is to be reckoned, a minor or insane, Section 6 of the Limitation Act, 1963 allows him to institute the suit:
aOnly within the original period notwithstanding the disability
bOnly if the court condones the delay under Section 5
cWithin 30 years in every case
dWithin the same period after the disability has ceased, as would otherwise have been allowed from the time prescribed
Answer: D
Section 6 provides that a person under a disability (minority or insanity) existing when the period begins may sue after the disability ceases, within the same period that would otherwise have been allowed from the time prescribed in the Schedule.
The principle that the Limitation Act bars the remedy but does not, as a general rule, extinguish the right means that a time-barred debt:
aCannot be claimed in any manner whatsoever
bStands automatically extinguished like a possessory right
cMay still be recovered by filing a suit with the court's permission
dCan validly be set off or adjusted against a sum that comes into the creditor's hands without suit
Answer: D
Save for Section 27 (possession suits), limitation bars only the remedy by suit, not the underlying right. Hence a creditor may lawfully retain or adjust a time-barred debt out of money lawfully in his hands, even though he cannot enforce it by suit.
In computing the period of limitation, Section 14 of the Limitation Act, 1963 allows exclusion of the time during which the plaintiff:
aHas been prosecuting with due diligence another civil proceeding in a court unable to entertain it for defect of jurisdiction or other like cause
bWas unaware of the existence of his right to sue
cWas negligently prosecuting another remedy of his own choice
dWas awaiting the outcome of settlement negotiations
Answer: A
Section 14 excludes the time spent bona fide and with due diligence prosecuting another civil proceeding, whether in a court of first instance or appeal, which is unable to entertain it owing to defect of jurisdiction or other cause of a like nature.
Where a person having a right to sue has, by fraud, been kept from the knowledge of that right, Section 17 of the Limitation Act, 1963 provides that the period of limitation:
aIs permanently barred once the fraud is established
bBegins to run from the date the right first accrued, irrespective of the fraud
cIs reduced by half in favour of the defrauded party
dDoes not begin to run until the plaintiff has discovered the fraud or could, with reasonable diligence, have discovered it
Answer: D
Under Section 17, in cases of fraud or mistake the limitation period does not begin to run until the plaintiff has discovered the fraud or mistake, or could with reasonable diligence have discovered it.
Where the prescribed period for filing an appeal expires on a day when the court is closed, under Section 4 of the Limitation Act, 1963 the appeal may be preferred:
aOnly with an application for condonation of delay under Section 5
bWithin thirty days of the expiry of the prescribed period
cOn the last working day immediately preceding the holiday
dOn the day when the court reopens
Answer: D
Section 4 provides that when the prescribed period expires on a day the court is closed, the suit, appeal or application may be instituted, preferred or made on the day the court reopens.
Q31Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 118 of the Indian Succession Act, 1925, a person having a nephew, niece or any nearer relative may bequeath property for religious or charitable uses only if the will is:
aExecuted not less than twelve months before his death and deposited within six months of execution in a place provided by law for safe custody
bAttested by at least four witnesses, two of whom are public servants
cRegistered with the Sub-Registrar within thirty days of execution
dConfirmed by a decree of a civil court during the testator's lifetime
Answer: A
Section 118 bars such a bequest unless the will is executed at least twelve months before death and deposited within six months from execution in a place provided by law for the safe custody of wills of living persons (the section does not apply to Parsis).
Q32Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 8 of the Hindu Succession Act, 1956, the property of a male Hindu dying intestate devolves in which one of the following orders of preference?
aClass I heirs, then Class II heirs, then agnates, then cognates
bClass I heirs, then agnates, then Class II heirs, then cognates
cAgnates, then cognates, then Class I heirs, then Class II heirs
dClass II heirs, then Class I heirs, then cognates, then agnates
Answer: A
Section 8 lays down the order: firstly upon Class I heirs of the Schedule; secondly, in their absence, upon Class II heirs; thirdly upon agnates; and lastly upon cognates of the deceased.
Q33Law of Succession (Hindu Succession Act + Indian Succession Act)
Any property possessed by a female Hindu, whether acquired before or after the commencement of the Hindu Succession Act, 1956, shall, by virtue of Section 14(1), be held by her:
aAs a full owner thereof and not as a limited owner
bAs stridhana incapable of alienation
cAs a limited owner for her lifetime only
dAs a trustee for the heirs of her husband
Answer: A
Section 14(1) converts the limited estate of a Hindu female into absolute ownership, declaring that property possessed by her shall be held as full owner and not as a limited owner.
Q34Law of Succession (Hindu Succession Act + Indian Succession Act)
A Hindu female dies intestate without leaving any son or daughter or children of a predeceased son or daughter. The property in question had been inherited by her from her father. Under Section 15(2) of the Hindu Succession Act, 1956, this property devolves upon:
aThe heirs of her husband
bThe heirs of her mother-in-law
cThe heirs of the father
dThe Government by escheat
Answer: C
Section 15(2)(a) is a source-based exception: property inherited by a Hindu female from her father or mother, in the absence of her own issue, devolves upon the heirs of the father, not upon the husband's heirs.
Q35Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 28 of the Hindu Succession Act, 1956, which one of the following is NOT a ground for disqualification from succeeding to property?
aAbetting the commission of the murder of the intestate
bCommitting the murder of the intestate
cConversion and being a descendant of a convert
dSuffering from a disease, defect or deformity
Answer: D
Section 28 expressly provides that no person shall be disqualified from succeeding on the ground of any disease, defect or deformity; murder (Section 25) and a convert's descendants (Section 26) remain valid disqualifications.
Q36Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 25 of the Hindu Succession Act, 1956, a person who commits or abets the commission of the murder of the propositus:
aInherits a reduced one-fourth share of the estate
bIs disqualified only where the murder was committed for the purpose of obtaining the property
cIs disqualified from inheriting the property of the person murdered or any property in furtherance of the succession to which he committed the murder
dIs disqualified only if convicted by a criminal court of first instance
Answer: C
Section 25 disqualifies a murderer or abettor from inheriting the murdered person's property, or any other property in furtherance of the succession to which he committed the murder; a criminal conviction is not a precondition for the civil bar.
Q37Law of Succession (Hindu Succession Act + Indian Succession Act)
An unprivileged Will under Section 63 of the Indian Succession Act, 1925 is validly executed only if it is attested by:
aAt least one witness
bTwo or more witnesses
cThree or more witnesses
dA Notary Public and one witness
Answer: B
Section 63(c) requires an unprivileged Will to be attested by two or more witnesses, each of whom has seen the testator sign or affix his mark, or received a personal acknowledgement of the signature, and has signed in the testator's presence.
Q38Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Indian Succession Act, 1925, a privileged Will may be made by a soldier employed in an expedition or engaged in actual warfare, an airman so employed, or a mariner at sea, provided that he:
aHas the will attested by two witnesses
bReduces the will to writing and registers it
cHas completed the age of twenty-one years
dHas completed the age of eighteen years
Answer: D
Section 65 permits such a soldier, airman or mariner who has completed eighteen years of age to make a privileged Will in the manner provided by Section 66; such a will may even be oral and needs no attestation.
Q39Law of Succession (Hindu Succession Act + Indian Succession Act)
A legacy is given by a Will to A. The testator's Will contains no provision for substitution in the event of A's death. A dies during the lifetime of the testator. Under Section 105 of the Indian Succession Act, 1925, the legacy:
aLapses and forms part of the residue of the testator's property
bVests in the executor absolutely for his own benefit
cPasses to the legal representatives of A
dDevolves upon the Government as bona vacantia
Answer: A
Section 105 provides that if the legatee does not survive the testator, the legacy lapses and falls into the residue, unless the Will shows an intention that it should go to some other person.
Q40Law of Succession (Hindu Succession Act + Indian Succession Act)
Under the Indian Succession Act, 1925, an unprivileged Will may be revoked in which one of the following modes?
aBy the birth of a child to the testator after execution of the Will
bBy the testator becoming insolvent after execution of the Will
cBy a mere oral declaration of an intention to revoke before two witnesses
dBy the subsequent marriage of the testator
Answer: D
Section 70 provides that an unprivileged Will or codicil may be revoked only by marriage of the testator, by another Will or codicil, by a writing executed like a Will declaring intention to revoke, or by burning, tearing or otherwise destroying it with intent to revoke.
Where the mortgagor delivers possession to the mortgagee and authorises him to retain possession until payment of the mortgage-money and to appropriate the rents and profits in lieu of interest or in payment of the mortgage-money, the mortgage is a:
aAnomalous mortgage
bEnglish mortgage
cSimple mortgage
dUsufructuary mortgage
Answer: D
Section 58(d) defines a usufructuary mortgage, where the mortgagee is put in possession and appropriates rents and profits in lieu of interest, or in payment of the mortgage-money, or both.
A lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can under Section 107 of the Transfer of Property Act, 1882 be made:
aBy a written instrument whether registered or not
bOnly by a registered instrument
cBy a registered instrument or by oral agreement
dBy an oral agreement accompanied by delivery of possession
Answer: B
Section 107 requires that a lease from year to year, or for a term exceeding one year, or reserving a yearly rent, be made only by a registered instrument; all other leases may be made by registered instrument or oral agreement with delivery of possession.
Under Section 111 of the Transfer of Property Act, 1882, a lease for a fixed term comes to an end on the expiry of that term. This mode of determination of lease is known as:
aDetermination by forfeiture
bDetermination by merger
cDetermination by surrender
dDetermination by efflux of time
Answer: D
Section 111(a) provides that a lease determines by efflux of the time limited thereby; for a lease of fixed duration, no notice to quit is necessary and it ends automatically on expiry of the term.
Where two persons mutually transfer the ownership of one thing for the ownership of another, neither thing nor both being money only, the transaction under the Transfer of Property Act, 1882 is termed:
aSale
bExchange
cGift
dCharge
Answer: B
Section 118 defines 'exchange' as a transaction where two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both being money only.
For making a valid gift of immovable property under Section 123 of the Transfer of Property Act, 1882, the transfer must be effected by:
aA registered instrument signed by the donor and attested by at least two witnesses
bMere delivery of possession to the donee
cAn unregistered written instrument signed by the donor
dA registered instrument signed by both donor and donee
Answer: A
Section 123 requires that a gift of immovable property be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses; gift of movable property may be effected by registered instrument or by delivery.
A transfers Rs. 5,000 to B on condition that he shall marry with the consent of C, D and E. E dies; afterwards B marries with the consent of C and D. Under the rule in Section 26 read with the doctrine of substantial compliance with conditions precedent, the transfer in favour of B is:
aDeemed not to have taken effect, as the condition was not strictly fulfilled
bDeemed to have been complied with, the condition being substantially complied with
cValid only if B remarries with the consent of all three
dVoid for impossibility of performance
Answer: B
Section 26 provides that where a condition precedent is required, it is sufficient if it is substantially complied with; since E's consent became impossible by his death, marriage with the consent of C and D is substantial compliance and the transfer takes effect.
Under Section 6 of the Transfer of Property Act, 1882, which of the following can be validly transferred?
aA right to future maintenance, in whatsoever manner arising or secured
bThe chance of an heir-apparent succeeding to an estate (spes successionis)
cA mere right to sue
dAn actionable claim
Answer: D
Section 6 makes spes successionis [cl.(a)], a mere right to sue [cl.(e)] and a right to future maintenance [cl.(dd)] non-transferable, but an actionable claim is transferable under Chapter VIII (Sections 130-137).
The rule against perpetuity contained in Section 14 of the Transfer of Property Act, 1882, provides that the vesting of property cannot be postponed beyond the life or lives of persons living at the date of transfer and:
aThe minority of some person then living
bThe period of gestation only
cThe minority of the ultimate beneficiary, who must be in existence at the expiration of the prior interests
dA fixed period of eighteen years in every case
Answer: C
Section 14 permits postponement of vesting up to the lifetime of one or more persons living at the date of transfer plus the minority of the ultimate beneficiary, who must be in existence at the expiration of that period.
Where, on a transfer of property, an interest therein is created in favour of a person to take effect only on the happening of a specified uncertain event, the interest so created is:
aA contingent interest
bA vested interest
cAn absolute interest
dA spes successionis
Answer: A
Section 21 defines a contingent interest as one created to take effect on the happening of a specified uncertain event, or if a specified uncertain event does not happen; it becomes vested when the event happens.
The doctrine of election, which requires a person taking a benefit under an instrument to confirm the whole of it and relinquish his own conflicting right, is embodied in:
aSection 41 of the Transfer of Property Act
bSection 51 of the Transfer of Property Act
cSection 43 of the Transfer of Property Act
dSection 35 of the Transfer of Property Act
Answer: D
Section 35 embodies the doctrine of election: a person who professes to transfer property he has no right to transfer, while conferring a benefit on the owner, puts the owner to election between confirming the transfer and retaining his own property.
When five or more persons conjointly commit or attempt to commit a robbery, the offence is termed dacoity under the Bharatiya Nyaya Sanhita, 2023, which is defined in:
aSection 309
bSection 308
cSection 310
dSection 311
Answer: C
Section 310 BNS defines dacoity, requiring that the persons conjointly committing or attempting robbery, together with those present and aiding, amount to five or more. Robbery itself is defined in Section 309.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'organised crime', newly codified into the general penal law, is contained in:
aSection 109
bSection 152
cSection 113
dSection 111
Answer: D
Section 111 BNS, a wholly new provision with no counterpart in the IPC, defines and punishes organised crime committed by an organised crime syndicate engaged in continuing unlawful activity. Section 113 separately deals with terrorist acts.
The offence relating to acts endangering the sovereignty, unity and integrity of India under the Bharatiya Nyaya Sanhita, 2023 — which has replaced the old offence of 'sedition' — is contained in:
aSection 124A
bSection 152
cSection 150
dSection 147
Answer: B
Section 152 BNS penalises exciting secession, armed rebellion or subversive activities and endangering the sovereignty, unity and integrity of India; it replaces the old offence of sedition under Section 124A IPC, which has been omitted.
Abetment of suicide is punishable under which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 108
bSection 106
cSection 109
dSection 306
Answer: A
Section 108 BNS punishes abetment of suicide with imprisonment up to ten years and fine, corresponding to old Section 306 IPC. Section 109 deals with attempt to murder.
Under the General Exceptions in the Bharatiya Nyaya Sanhita, 2023, nothing is an offence which is done by a child below a certain age, who is conclusively presumed incapable of committing any offence. That age and the relevant section are:
aUnder seven years — Section 20
bUnder twelve years — Section 21
cUnder twelve years — Section 22
dUnder seven years — Section 82
Answer: A
Section 20 BNS provides that nothing is an offence which is done by a child under seven years of age (doli incapax), corresponding to old Section 82 IPC. Section 21 covers a child above seven and under twelve of immature understanding.
Under the Bharatiya Nyaya Sanhita, 2023, the general section conferring the right of private defence of body and of property is:
aSection 96
bSection 35
cSection 34
dSection 38
Answer: B
Section 35 BNS declares that nothing is an offence which is done in the exercise of the right of private defence of body and of property, corresponding to old Section 96 IPC. Section 38 specifies when that right extends to causing death.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of cheating by personation is dealt with under:
aSection 318
bSection 416
cSection 319
dSection 316
Answer: C
Section 319 BNS deals with cheating by personation (pretending to be another person or knowingly substituting one person for another), corresponding to old Section 416 IPC. Cheating generally is defined in Section 318.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of defamation — which now also provides for community service as one mode of punishment — is contained in:
aSection 499
bSection 356
cSection 354
dSection 500
Answer: B
Section 356 BNS deals with defamation and its punishment, which may include simple imprisonment up to two years, fine, or community service — corresponding to old Sections 499 and 500 IPC.
Under Section 53 of the Indian Penal Code, 1860, which one of the following is NOT enumerated as a punishment to which offenders are liable?
aImprisonment for life
bFine
cSolitary confinement
dForfeiture of property
Answer: C
Section 53 enumerates five punishments: death, imprisonment for life, imprisonment (rigorous or simple), forfeiture of property, and fine. Solitary confinement is not a separate head of punishment under Section 53; it is dealt with under Sections 73-74 as a mode of inflicting imprisonment.
Section 359 of the Indian Penal Code classifies kidnapping into how many kinds?
aTwo kinds — kidnapping from India and kidnapping from lawful guardianship
bTwo kinds — kidnapping and abduction
cThree kinds — from India, from guardianship and from custody
dFour kinds based on the age of the victim
Answer: A
Section 359 declares that kidnapping is of two kinds: kidnapping from India (Section 360) and kidnapping from lawful guardianship (Section 361). Abduction is a distinct offence under Section 362.
Under Article 280 of the Constitution, the Finance Commission is constituted by the President at the expiration of every:
aThird year
bTenth year
cFifth year
dFourth year
Answer: C
Article 280(1) requires the President to constitute a Finance Commission at the expiration of every fifth year, or at such earlier time as the President considers necessary.
The recommendation regarding the principles which should govern the grants-in-aid of the revenues of the States out of the Consolidated Fund of India is a duty assigned to the:
aFinance Commission under Article 280
bComptroller and Auditor-General under Article 148
cInter-State Council under Article 263
dPublic Accounts Committee
Answer: A
Article 280(3)(b) charges the Finance Commission with the duty of making recommendations on the principles which should govern grants-in-aid of the revenues of the States out of the Consolidated Fund of India.
Dr. B.R. Ambedkar described which Article of the Constitution as the 'heart and soul' of the Constitution?
aArticle 19
bArticle 21
cArticle 32
dArticle 14
Answer: C
Dr. B.R. Ambedkar called Article 32, the right to constitutional remedies for enforcement of Fundamental Rights, the 'heart and soul' of the Constitution.
A writ issued to direct a public authority to perform a public or statutory duty which it has failed to perform is the writ of:
aCertiorari
bMandamus
cProhibition
dQuo warranto
Answer: B
Mandamus ('we command') is issued to a public authority to compel performance of a public or statutory duty. Certiorari and prohibition relate to control over inferior tribunals, while quo warranto questions the holding of a public office.
Which writ is issued to call up the record of an inferior court or tribunal and quash an order already passed in excess of jurisdiction?
aHabeas corpus
bMandamus
cQuo warranto
dCertiorari
Answer: D
Certiorari is issued to quash an order already passed by an inferior court or tribunal that acted without or in excess of jurisdiction. Prohibition, by contrast, is preventive and issued while proceedings are still pending.
The expression 'procedure established by law' in Article 21 was given an expansive meaning, importing the requirement of fairness and reasonableness, in:
aA.K. Gopalan vs. State of Madras
bState of Madras vs. V.G. Row
cManeka Gandhi vs. Union of India
dADM Jabalpur vs. Shivkant Shukla
Answer: C
In Maneka Gandhi vs. Union of India (1978), the Supreme Court held that the procedure under Article 21 must be just, fair and reasonable, overruling the narrow view in A.K. Gopalan.
Subjects on which both Parliament and the State Legislatures may make laws are enumerated in:
aList II (State List) of the Seventh Schedule
bList III (Concurrent List) of the Seventh Schedule
cThe Eleventh Schedule
dList I (Union List) of the Seventh Schedule
Answer: B
Under Article 246, List III (the Concurrent List) of the Seventh Schedule enumerates matters on which both Parliament and State Legislatures have competence to legislate.
In the event of a conflict between a law made by Parliament and a law made by a State Legislature on a matter in the Concurrent List, Article 254 provides that:
aThe Parliamentary law shall prevail and the State law shall, to the extent of repugnancy, be void
bBoth laws shall operate concurrently without any priority
cThe State law shall always prevail within that State
dThe matter shall be referred to the Supreme Court for resolution
Answer: A
Article 254(1) provides that where there is repugnancy between a Union law and a State law on a Concurrent List subject, the Union law prevails and the State law is void to the extent of the repugnancy, subject to the exception in Article 254(2).
Under Article 233 of the Constitution, the appointment, posting and promotion of district judges in a State shall be made by:
aThe Governor of the State in consultation with the High Court
bThe Governor on the advice of the Council of Ministers
cThe High Court alone
dThe President in consultation with the Chief Justice of India
Answer: A
Article 233(1) vests the appointment, posting and promotion of district judges in the Governor of the State, who acts in consultation with the High Court exercising jurisdiction in relation to that State.
The control over district courts and courts subordinate thereto, including the posting, promotion and grant of leave to persons holding posts inferior to a district judge, is vested in the High Court by:
aArticle 235
bArticle 233
cArticle 237
dArticle 234
Answer: A
Article 235 vests in the High Court the control over district courts and courts subordinate thereto, securing the independence of the subordinate judiciary from the executive.
When a fact is especially within the knowledge of any person, the burden of proving that fact, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), is upon:
aThe prosecution
bThe party who first asserts it
cHim who has the special knowledge
dThe court
Answer: C
Section 109 of the BSA provides that when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.
The doctrine of estoppel under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is contained in:
aSection 118
bSection 124
cSection 121
dSection 116
Answer: C
Section 121 of the BSA enacts the rule of estoppel: where a person has by declaration, act or omission caused another to believe a thing to be true and act upon it, he cannot deny its truth in a suit between them.
Under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the fact that a child was born during the continuance of a valid marriage is:
aRelevant only in succession suits
bA rebuttable presumption set aside by DNA evidence in all cases
cPrima facie evidence of legitimacy
dConclusive proof of legitimacy unless non-access is shown
Answer: D
Section 116 of the BSA declares birth during a valid marriage (or within 280 days of its dissolution, the mother remaining unmarried) to be conclusive proof of legitimacy unless it is shown that the parties had no access when the child could have been begotten.
A communication made by a husband to his wife during marriage cannot be compelled to be disclosed in evidence by reason of:
aSection 129
bSection 132
cSection 127
dSection 128
Answer: D
Section 128 of the BSA protects communications during marriage; a spouse cannot be compelled to disclose such a communication, nor permitted to disclose it without the other's consent, except in suits between the spouses or prosecutions of one for a crime against the other.
Secondary evidence of the contents of a document may be given under Section 60 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) when:
aThe original is lost, destroyed, or in possession of a person out of reach or legally bound to produce it and not produced
bThe document is more than thirty years old
cThe party prefers a certified copy for convenience
dThe original is in any case withheld by the opposite party
Answer: A
Section 60 of the BSA enumerates the cases in which secondary evidence relating to documents may be given, including where the original is lost or destroyed, or is in the possession of a person out of reach of or not subject to the process of the court, or who is legally bound to produce it and does not.
Oral evidence must, in all cases whatever, under Section 54 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), be:
aRecorded on oath before a Magistrate
bDirect
cGiven by an expert
dCorroborated by documentary evidence
Answer: B
Section 54 of the BSA (proof of facts by oral evidence) lays down that oral evidence must in all cases be direct, that is, given by the person who perceived the fact by the relevant sense or who holds the opinion.
An accomplice, under Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), is:
aNot a competent witness against an accused person
bCompetent only if his evidence is corroborated in material particulars
cCompetent only if granted pardon
dA competent witness, and a conviction is not illegal merely because it proceeds upon the corroborated testimony of an accomplice
Answer: D
Section 138 of the BSA declares an accomplice a competent witness against an accused person and provides that a conviction is not illegal merely because it proceeds upon the corroborated testimony of an accomplice. The enacted BSA text substitutes the word 'corroborated' for the word 'uncorroborated' used in the repealed Section 133 of the Indian Evidence Act, 1872; the rule of prudence in Illustration (b) to Section 119 is a separate matter.
Under Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession made to a police officer:
aIs admissible if made in the presence of two independent witnesses
bMay be proved against the accused if reduced to writing
cMay be proved only with the permission of the Magistrate
dShall not be proved as against a person accused of any offence
Answer: D
Section 23(1) of the BSA imposes an absolute bar: no confession made to a police officer shall be proved as against a person accused of any offence, irrespective of writing or witnesses.
The proviso to Section 23 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) permits proof of information received from an accused in custody:
aOnly the portion amounting to a full confession
bThe whole of the information without any limit
cOnly so much as relates distinctly to the fact thereby discovered
dNone of the information, as it is wholly inadmissible
Answer: C
The proviso to Section 23(2) of the BSA provides that when a fact is discovered in consequence of information received from an accused in the custody of a police officer, so much of that information, whether it amounts to a confession or not, as relates distinctly to the fact thereby discovered may be proved (corresponding to the former Section 27 of the Indian Evidence Act, 1872).
Q81Contract Act (incl. Sale of Goods / commercial)
A 'contract of guarantee' under Section 126 of the Indian Contract Act, 1872 essentially involves:
aOnly the surety and the creditor
bOnly the principal debtor and the creditor
cTwo parties only — the indemnifier and the indemnified
dThree persons — the principal debtor, the surety and the creditor
Answer: D
A contract of guarantee is a contract to perform the promise, or discharge the liability, of a third person in case of his default; it requires the concurrence of three persons — the principal debtor, the surety and the creditor.
Q82Contract Act (incl. Sale of Goods / commercial)
Under Section 128 of the Indian Contract Act, 1872, the liability of the surety is, unless otherwise provided by the contract:
aLimited to one-half of the principal debtor's liability
bSecondary and arises only after the creditor exhausts all remedies against the debtor
cCo-extensive with that of the principal debtor
dIndependent of and unconnected with the principal debt
Answer: C
Section 128 declares that the liability of the surety is co-extensive with that of the principal debtor, unless the contract otherwise provides — the surety is liable to the same extent as the principal debtor.
Q83Contract Act (incl. Sale of Goods / commercial)
Upon paying off the guaranteed debt, the surety steps into the shoes of the creditor and acquires all the rights the creditor had against the principal debtor. This right of subrogation is recognised under:
aSection 135 of the Indian Contract Act, 1872
bSection 145 of the Indian Contract Act, 1872
cSection 140 of the Indian Contract Act, 1872
dSection 133 of the Indian Contract Act, 1872
Answer: C
Section 140 provides that on payment or performance of all that he is liable for, the surety is invested with all the rights which the creditor had against the principal debtor — the surety's right of subrogation.
Q84Contract Act (incl. Sale of Goods / commercial)
Under Section 4 of the Sale of Goods Act, 1930, where the property in goods is transferred from the seller to the buyer at the time of contract, the contract is called a:
aBailment
bAgreement to sell
cSale
dHire-purchase agreement
Answer: C
Section 4 provides that where property in the goods is transferred at once it is a 'sale' (an executed contract); where the transfer is to take place at a future time or subject to a condition, it is an 'agreement to sell'.
Q85Contract Act (incl. Sale of Goods / commercial)
Under Section 12 of the Sale of Goods Act, 1930, a stipulation in a contract of sale which is collateral to the main purpose of the contract, breach of which gives a right to claim damages but not to reject the goods, is a:
aCondition
bRepresentation
cGuarantee
dWarranty
Answer: D
Section 12 classifies a stipulation essential to the main purpose of the contract as a 'condition' (breach allowing repudiation) and a stipulation collateral to the main purpose as a 'warranty' (breach giving only a right to damages).
Q86Contract Act (incl. Sale of Goods / commercial)
Where the buyer makes known to the seller the particular purpose for which goods are required so as to show reliance on the seller's skill or judgment, Section 16(1) of the Sale of Goods Act, 1930 raises:
aAn implied warranty of quiet possession only
bNo implied condition, as caveat emptor applies absolutely
cA conclusive presumption that the goods are of the highest quality
dAn implied condition that the goods shall be reasonably fit for that purpose
Answer: D
Section 16(1) is an exception to caveat emptor: where the buyer discloses the particular purpose and relies on the seller's skill or judgment for goods of a description the seller deals in, there is an implied condition that the goods are reasonably fit for that purpose.
Q87Contract Act (incl. Sale of Goods / commercial)
Under Section 26 of the Sale of Goods Act, 1930, in the absence of a contract to the contrary, the risk in the goods passes:
aOn delivery of the goods to the buyer, irrespective of property
bOn payment of the price by the buyer
cWhen the property in the goods is transferred to the buyer, whether or not delivery has been made
dOnly when both property and possession have passed to the buyer
Answer: C
Section 26 lays down that risk prima facie passes with property: goods remain at the seller's risk until property is transferred, after which they are at the buyer's risk whether or not delivery has been made.
Q88Contract Act (incl. Sale of Goods / commercial)
The maxim 'nemo dat quod non habet', that a buyer acquires no better title than the seller had, is embodied as the general rule in which provision of the Sale of Goods Act, 1930?
aSection 23
bSection 27
cSection 18
dSection 39
Answer: B
Section 27 enacts the rule nemo dat quod non habet — where goods are sold by a person who is not the owner and who sells without the owner's authority or consent, the buyer acquires no better title than the seller had, subject to the exceptions in Sections 28 to 30.
Q89Contract Act (incl. Sale of Goods / commercial)
At a sale by auction governed by Section 64 of the Sale of Goods Act, 1930, a sale is complete and a bid cannot thereafter be retracted:
aWhen the highest bid is announced by any bidder
bWhen the reserve price is first reached
cWhen the goods are put up for sale in lots
dWhen the auctioneer announces its completion by the fall of the hammer or other customary manner
Answer: D
Under Section 64(2), the sale is complete when the auctioneer announces its completion by the fall of the hammer or in other customary manner; until then any bidder may retract his bid.
Q90Contract Act (incl. Sale of Goods / commercial)
Under Section 25 of the Indian Contract Act, 1872, an agreement made without consideration is valid in which one of the following cases?
aA written and registered promise made on account of natural love and affection between parties standing in a near relation to each other
bAn oral promise to compensate a person who has voluntarily done something for the promisor
cAn agreement, the consideration for which is inadequate
dA written promise to pay a debt which is still enforceable and within limitation
Answer: A
Section 25(1) validates a contract without consideration only when it is in writing and registered and made on account of natural love and affection between parties in near relation; the past-services exception (s.25(2)) and the time-barred-debt exception (s.25(3)) have their own distinct requirements.
The plaintiff in a suit for perpetual injunction under Section 38, or mandatory injunction under Section 39, of the Specific Relief Act, 1963 may claim damages either in addition to, or in substitution for, such injunction under:
aSection 42
bSection 40
cSection 41
dSection 37
Answer: B
Section 40 permits the plaintiff in a suit for perpetual or mandatory injunction to claim damages either in addition to, or in substitution for, the injunction, and the court may award such damages if it thinks fit.
After the Specific Relief (Amendment) Act, 2018, Section 10 of the Specific Relief Act, 1963 provides that the specific performance of a contract:
aMay be enforced in the discretion of the court where compensation is inadequate
bShall be enforced by the court, subject to the provisions of Section 11(2), Section 14 and Section 16
cMay be enforced only with the prior leave of the High Court
dShall be enforced only where the plaintiff proves that monetary compensation cannot be quantified
Answer: B
The 2018 Amendment substituted Section 10, replacing the court's discretion with a mandatory mandate ('shall'); specific performance is now enforced subject only to Sections 11(2), 14 and 16.
Under Section 6 of the Specific Relief Act, 1963, a suit by a person dispossessed of immovable property without his consent otherwise than in due course of law:
aMust be brought within six months and a review of the decree is permissible
bMust be brought within six months from the date of dispossession and shall not be brought against the Government
cMust be brought within twelve years and lies against the Government
dMust be brought within three years and an appeal lies from the decree
Answer: B
Section 6 bars a suit brought after six months from dispossession or against the Government; further, no appeal lies from, nor review is allowed of, any order or decree passed in such a suit.
Under Section 16 of the Specific Relief Act, 1963, specific performance of a contract CANNOT be enforced in favour of a person who:
aHas obtained substituted performance of the contract under Section 20
bHas lawfully rescinded the contract for the defendant's default
cHas been ready and willing to perform the essential terms of the contract
dSeeks compensation along with specific performance
Answer: A
Section 16(a), inserted by the 2018 Amendment, bars relief to a person who has already obtained substituted performance under Section 20; clauses (b) and (c) require proof of incapacity/violation or want of readiness and willingness.
Section 14A of the Specific Relief Act, 1963, inserted by the 2018 Amendment, empowers the court to:
aEngage one or more experts to assist it on any specific issue involved in the suit
bAward punitive damages in addition to specific performance
cAppoint a receiver over the suit property pending adjudication
dRefer the dispute to arbitration without the parties' consent
Answer: A
Section 14A allows the court, where it considers necessary, to engage one or more experts to report on a specific issue; the expert's report forms part of the record of the suit.
Under Section 20A of the Specific Relief Act, 1963 (inserted in 2018), in a suit involving a contract relating to an infrastructure project specified in the Schedule, the court:
aShall grant an injunction only after hearing the State Government
bShall not grant an injunction where it would cause impediment or delay in the progress or completion of the project
cMay grant an injunction for a maximum period of one year
dShall refer the matter to a special commercial court before granting relief
Answer: B
Section 20A bars the grant of any injunction in a suit involving a contract relating to a Scheduled infrastructure project where such injunction would impede or delay the project's progress or completion.
Under Section 41 of the Specific Relief Act, 1963, an injunction CANNOT be granted to:
aPrevent the breach of a contract the performance of which could be specifically enforced
bRestrain any person from instituting or prosecuting any proceeding in a criminal matter
cRestrain the defendant from committing a continuing trespass on the plaintiff's land
dPrevent a wife from being dispossessed of the shared household
Answer: B
Section 41(d) bars the grant of an injunction to restrain any person from instituting or prosecuting any proceeding in a criminal matter, preserving the integrity of criminal justice.
Under Section 21 of the Specific Relief Act, 1963, in a suit for specific performance of a contract, the plaintiff:
aCannot claim any compensation once specific performance is granted
bMay claim compensation only against a surety to the contract
cMay claim compensation only if the contract expressly so provides
dMay also claim compensation for breach, either in addition to or in substitution of such performance
Answer: D
Section 21(1) permits the plaintiff in a specific-performance suit to also claim compensation for breach, either in addition to or in substitution of such performance.
Q100Protection of Women from Domestic Violence Act, 2005
The offence of breach of a protection order under Section 31(1) of the Protection of Women from Domestic Violence Act, 2005 is:
aCognizable and bailable
bCognizable and non-bailable
cNon-cognizable and bailable
dNon-cognizable and non-bailable
Answer: B
Section 32(1) declares that the offence under Section 31(1) shall be cognizable and non-bailable; further, under Section 32(2) the Court may, upon the sole testimony of the aggrieved person, conclude that such an offence has been committed.
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