Odisha Judiciary Mock Test 10 — Questions & Solutions
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Compensatory costs in respect of false or vexatious claims or defences may be awarded under:
aSection 35A of CPC
bSection 95 of CPC
cSection 35B of CPC
dSection 35 of CPC
Answer: A
Section 35A CPC empowers the court to award compensatory costs (not exceeding the prescribed limit) where a claim or defence is found to be false or vexatious. Section 35B deals with costs for causing delay.
Clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising from any accidental slip or omission, may be corrected by the court under:
aSection 152 of CPC
bSection 151 of CPC
cSection 153 of CPC
dSection 114 of CPC
Answer: A
Section 152 CPC permits correction of clerical or arithmetical mistakes, or errors from accidental slip or omission, at any time, by the court of its own motion or on application. Section 151 preserves inherent powers; Section 114 deals with review.
Where a decree is varied or reversed in appeal, the court of first instance shall, on application, place the parties in the position they would have occupied but for such decree. This relief of restitution is provided under:
aSection 47 of CPC
bSection 148 of CPC
cSection 144 of CPC
dSection 151 of CPC
Answer: C
Section 144 CPC provides for restitution: where a decree or order is varied or reversed, the court of first instance shall, on application of a party entitled, cause restitution to be made to restore the pre-decree position.
No suit shall be instituted against the Government in respect of any act purporting to be done by a public officer in his official capacity, until the expiration of how many months after a notice in writing has been delivered?
aOne month
bTwo months
cThree months
dSix months
Answer: B
Section 80 CPC requires a notice in writing, and the suit can be instituted only after the expiration of two months from delivery of such notice, unless leave for urgent relief is granted under Section 80(2).
An appeal from an original decree (first appeal) lies under which section of the Code of Civil Procedure, 1908?
aSection 115 of CPC
bSection 100 of CPC
cSection 104 of CPC
dSection 96 of CPC
Answer: D
Section 96 CPC provides for a first appeal from a decree passed by a court exercising original jurisdiction. Section 100 governs second appeal to the High Court, and Section 115 deals with revision.
A second appeal to the High Court under Section 100 of CPC lies only on the ground that the case involves:
aA jurisdictional error alone
bAn error of fact
cAn erroneous appreciation of evidence
dA substantial question of law
Answer: D
Under Section 100 CPC, a second appeal lies to the High Court only where the case involves a substantial question of law, which the court must formulate. Jurisdictional error alone is the ground for revision under Section 115.
Against an ex parte decree, the defendant may apply to the court that passed it for an order setting aside the decree under:
aOrder IX, Rule 9 of CPC
bOrder XLI, Rule 21 of CPC
cOrder IX, Rule 13 of CPC
dOrder VIII, Rule 10 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 he was prevented by sufficient cause or was not duly served. Order IX Rule 9 applies where a plaintiff's suit is dismissed for default.
Review of its own judgment by a court is provided for under which provision of the Code of Civil Procedure, 1908?
aSection 115 read with Order XLI
bSection 114 read with Order XLVII
cSection 96 read with Order XLIII
dSection 100 read with Order XLII
Answer: B
Section 114 CPC confers the substantive right of review, and Order XLVII Rule 1 lays down the grounds and conditions, such as discovery of new evidence or an error apparent on the face of the record.
A temporary injunction to restrain a party from wasting, damaging or alienating property in dispute during the pendency of a suit is granted under:
aOrder XXVI of CPC
bOrder XXXVIII of CPC
cOrder XXXIX of CPC
dOrder XL of CPC
Answer: C
Order XXXIX (Rules 1 and 2) CPC governs grant of temporary injunctions, including where the disputed property is in danger of being wasted, damaged or wrongfully alienated. Order XXXVIII deals with attachment before judgment and Order XL with appointment of a receiver.
Where a court, under Section 35B CPC, orders a party to pay costs for failing to take a step or for obtaining an adjournment, the payment of such costs operates as a condition precedent to the further prosecution of the suit or defence and must be made:
aBefore the framing of issues
bOn the date next following the date of such order
cWithin thirty days of the order
dAt the time of pronouncement of judgment
Answer: B
Section 35B(1) CPC (inserted by the 1976 Amendment) makes payment of such costs, on the date next following the date of the order, a condition precedent to the further prosecution of the suit by the plaintiff or the defence by the defendant, as the case may be.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision empowering a Magistrate to order a person of sufficient means to pay monthly maintenance to his wife, children and parents unable to maintain themselves is contained in:
aSection 138
bSection 125
cSection 144
dSection 154
Answer: C
Section 144 BNSS, 2023 is the order for maintenance of wives, children and parents; it corresponds to the erstwhile Section 125 CrPC, 1973.
The provision for legal aid to an accused at the expense of the State in certain cases is found, under the Bharatiya Nagarik Suraksha Sanhita, 2023, in:
aSection 341
bSection 340
cSection 304
dSection 337
Answer: A
Section 341 BNSS, 2023 provides legal aid to the accused at State expense in certain cases, corresponding to the old Section 304 CrPC, 1973.
Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 embodies the rule that a person once convicted or acquitted shall not be tried again for the same offence?
aSection 337
bSection 300
cSection 344
dSection 351
Answer: A
Section 337 BNSS, 2023 enacts the double-jeopardy bar (autrefois acquit/convict), corresponding to the erstwhile Section 300 CrPC, 1973.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the court's power to examine the accused for the purpose of enabling him to explain circumstances appearing in evidence against him is provided in:
aSection 313
bSection 281
cSection 330
dSection 351
Answer: D
Section 351 BNSS, 2023 confers the power to examine the accused, replacing Section 313 CrPC, 1973; no oath is administered and the accused is not liable to punishment for refusing to answer.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a Public Prosecutor and Additional Public Prosecutors for a District are appointed under:
aSection 18
bSection 25
cSection 19
dSection 24
Answer: A
Section 18 BNSS, 2023 governs appointment of Public Prosecutors and Additional Public Prosecutors (Assistant Public Prosecutors are under Section 19); it corresponds to Section 24 CrPC, 1973.
When a Court of Session passes a sentence of death, the proceedings must, under the Bharatiya Nagarik Suraksha Sanhita, 2023, be submitted for confirmation to the High Court under:
aSection 366
bSection 407
cSection 413
dSection 408
Answer: B
Section 407 BNSS, 2023 requires the Sessions Court to submit a death sentence to the High Court for confirmation (Section 408 deals with the High Court's powers on confirmation); it replaces Section 366 CrPC, 1973.
Where a woman sentenced to death is found to be pregnant, the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that the High Court shall:
aCommute the sentence to imprisonment for life
bMerely postpone the execution of the sentence
cRefer the matter to the State Government
dRemit the case to the Sessions Court for fresh sentencing
Answer: A
Under Section 456 BNSS, 2023 the High Court must commute the death sentence of a pregnant woman to imprisonment for life; this is a change from the old Section 416 CrPC, which only provided for postponement.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the total period of detention authorised by a Magistrate (including custody beyond fifteen days) shall not exceed, for an offence punishable with death, imprisonment for life or imprisonment for ten years or more:
aNinety days
bSixty days
cOne hundred and eighty days
dSixty-five days
Answer: A
Section 187 BNSS, 2023 caps detention at ninety days for offences punishable with death, life imprisonment or imprisonment of ten years or more, and sixty days for other cognizable offences (the fifteen-day police custody may now be sought in parts within the first 40/60 days).
The Victim Compensation Scheme, under which every State Government in coordination with the Central Government provides funds to compensate victims, is contained in the Bharatiya Nagarik Suraksha Sanhita, 2023 in:
aSection 357A
bSection 395
cSection 396
dSection 398
Answer: C
Section 396 BNSS, 2023 provides for the Victim Compensation Scheme (corresponding to old Section 357A CrPC); Section 398 deals separately with the Witness Protection Scheme.
A new feature introduced by the Bharatiya Nagarik Suraksha Sanhita, 2023 requires that the process of search and seizure during investigation be recorded through audio-video electronic means (preferably a mobile phone). This is provided in:
aSection 176
bSection 165
cSection 100
dSection 105
Answer: D
Section 105 BNSS, 2023 mandates audio-video electronic recording of the conduct of search and the preparation of the seizure list, with the recording to be forwarded to the Magistrate without delay.
'Where once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it.' This principle of continuous running of time is contained in:
aSection 7 of the Limitation Act, 1963
bSection 9 of the Limitation Act, 1963
cSection 8 of the Limitation Act, 1963
dSection 6 of the Limitation Act, 1963
Answer: B
Section 9 embodies the rule of continuous running of time: once time has begun to run, a subsequent disability or inability to sue does not stop it (subject to the limited exception under the proviso).
An acknowledgment of liability that gives rise to a fresh period of limitation under Section 18 of the Limitation Act, 1963 must be:
aMade in writing and signed by the party against whom the right is claimed, before the expiration of the prescribed period
bAccompanied by part-payment of the debt
cMade in writing after the prescribed period has expired
dMade orally before two witnesses at any time
Answer: A
Under Section 18 the acknowledgment must be in writing, signed by the party (or his agent) against whom the right is claimed, and made before the expiry of the prescribed period; a fresh period then runs from the date of signing.
Under Section 17 of the Limitation Act, 1963, where a suit is based upon the fraud of the defendant, the period of limitation begins to run from:
aThe date on which the fraud was committed
bThe date on which the cause of action first arose, in all cases
cThe date on which the plaintiff has discovered the fraud or could, with reasonable diligence, have discovered it
dThe date on which the suit is instituted
Answer: C
Section 17 postpones the running of time in cases of fraud or mistake until the plaintiff or applicant has discovered the fraud or mistake, or could with reasonable diligence have discovered it.
Under Section 27 of the Limitation Act, 1963, on the determination of the period limited for instituting a suit for possession of any property:
aThe right to such property is extinguished
bThe court may extend the period on sufficient cause
cOnly the remedy is barred but the right survives
dA fresh period of twelve years begins to run
Answer: A
Section 27 is an exception to the general rule that limitation bars only the remedy: at the expiry of the period for a possession suit, the person's right to the property itself is extinguished, giving statutory effect to adverse possession.
Under the Schedule to the Limitation Act, 1963, the period of limitation for a suit for possession of immovable property based on title (Article 65) is:
aThirty years from the date of dispossession
bSix years from the date of dispossession
cThree years from the date the title accrues
dTwelve years from the date the possession of the defendant becomes adverse to the plaintiff
Answer: D
Article 65 prescribes twelve years for a suit for possession of immovable property based on title, computed from the point when the defendant's possession becomes adverse to the plaintiff.
Under the Limitation Act, 1963, where no period of limitation is provided elsewhere in the Schedule, the residuary period for a suit (Article 113) is:
aTwelve years from the date the right to sue accrues
bOne year from the date the right to sue accrues
cSix years from the date the cause of action arises
dThree years from the time when the right to sue accrues
Answer: D
Article 113 is the residuary article for suits: where no specific period is provided elsewhere, the period is three years from the time when the right to sue accrues.
Under Section 14 of the Limitation Act, 1963, in computing the period of limitation for any suit, the time during which the plaintiff has been prosecuting another civil proceeding:
aIs excluded only if the earlier proceeding was filed within the prescribed period
bIs excluded only with the leave of the court before which the later suit is filed
cCan never be excluded once time has begun to run
dIs excluded, provided the earlier proceeding was prosecuted in good faith in a court unable to entertain it for defect of jurisdiction or other like cause
Answer: D
Section 14 excludes the time spent in bona fide prosecution of an earlier civil proceeding, relating to the same matter in issue, in a court which from defect of jurisdiction or other like cause was unable to entertain it.
Under Section 14 of the Limitation Act, 1963, the time spent prosecuting an earlier civil proceeding can be excluded only where that earlier court, from defect of jurisdiction or other cause of a like nature, was unable to entertain it. Which of the following is, by the Explanation to Section 14, deemed to be a cause of a like nature with defect of jurisdiction?
aDismissal of the earlier suit for default of appearance
bMisjoinder of parties or of causes of action
cWithdrawal of the earlier suit without leave to file afresh
dDismissal of the earlier suit on merits after full trial
Answer: B
Explanation (c) to Section 14 expressly provides that misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction; dismissal for default or on merits does not attract Section 14.
Sections 6 and 7 of the Limitation Act, 1963 extend limitation for persons under legal disability (minority, insanity or idiocy). Section 8, however, caps this benefit. Section 8 provides that nothing in Section 6 or 7 shall, beyond a fixed outer limit, extend the period of limitation, and that the disability benefit does not apply at all to one particular category of suits. The outer limit and the excluded category respectively are:
aThree years from cessation of disability or death; suits to enforce rights of pre-emption
bOne year from cessation of disability; suits for pre-emption
cThree years from accrual of the right; suits for specific performance
dTwelve years from cessation of disability; suits for possession of immovable property
Answer: A
Section 8 limits the disability extension under Sections 6 and 7 to a maximum of three years from the cessation of the disability or the death of the person affected, and it does not apply to suits to enforce rights of pre-emption.
Section 19 of the Limitation Act, 1963 provides that where payment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period, a fresh period of limitation runs from the date of payment. As to proof of such payment, Section 19 requires that (save for payment of interest made before 1st January, 1928):
aNo documentary proof of payment of any kind is required
bAn acknowledgment of the payment must appear in the handwriting of, or in a writing signed by, the person making the payment
cThe payment must be proved only by the oral evidence of the creditor
dThe payment must be attested by two witnesses and registered
Answer: B
The proviso to Section 19 requires that an acknowledgment of the payment must appear in the handwriting of, or in a writing signed by, the person making the payment (save in the case of payment of interest made before 1st January, 1928) for the fresh period to run.
Q31Law of Succession (Hindu Succession Act + Indian Succession Act)
Where, under Section 22 of the Hindu Succession Act, 1956, two or more Class I heirs claim the preferential right to acquire the interest of a co-heir who proposes to transfer it, the dispute as to who is preferred is resolved by giving preference to:
athe eldest among the competing heirs
bthe heir in actual possession of the property
cthe heir who offers the highest consideration for the transfer
dthe male heirs over the female heirs
Answer: C
Section 22(2) provides that where several heirs claim the preferential right to acquire, the heir who offers the highest consideration for the transfer shall be preferred.
Q32Law of Succession (Hindu Succession Act + Indian Succession Act)
Section 23 of the Hindu Succession Act, 1956, which restricted a female heir's right to claim partition of a dwelling-house wholly occupied by members of the family until the male heirs chose to divide it, was:
aretained but made subject to the consent of the court
bomitted by the Hindu Succession (Amendment) Act, 2005
cextended to commercial property by the 2005 amendment
ddeclared unconstitutional by the Supreme Court but never repealed
Answer: B
Section 23 was omitted by the Hindu Succession (Amendment) Act, 2005, removing the disability on female heirs from seeking partition of a dwelling-house.
Q33Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 27 of the Hindu Succession Act, 1956, where a person is disqualified from inheriting under the Act, the property devolves:
aas if such person had died before the intestate
bequally among all surviving Class I and Class II heirs
cupon the State by escheat
das if such person had renounced his share in writing
Answer: A
Section 27 provides that a person disqualified from inheriting under the Act is treated as if he had died before the intestate, so the succession passes accordingly.
Q34Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 26 of the Hindu Succession Act, 1956, children born to a Hindu after his conversion to another religion, and their descendants, are disqualified from inheriting from Hindu relatives unless:
athe converted parent dies a Hindu
bthey reconvert within one year of the succession opening
cthey are Hindus at the time when the succession opens
da competent court grants them leave to inherit
Answer: C
Section 26 disqualifies the post-conversion children and descendants of a convert, but the disqualification does not apply if such children or descendants are Hindus when the succession opens.
Q35Law of Succession (Hindu Succession Act + Indian Succession Act)
Property acquired by a female Hindu falling within Section 14(2) of the Hindu Succession Act, 1956 (such as a gift, will, instrument or decree expressly prescribing a restricted estate):
acannot be acquired by a female Hindu at all
bis always enlarged into absolute ownership notwithstanding the restriction
cis held by her as a restricted estate and is not enlarged into full ownership by Section 14(1)
ddevolves only on her husband's heirs
Answer: C
Section 14(2) is an exception to the enlarging effect of Section 14(1); where the acquiring instrument itself prescribes a restricted estate, that restriction is preserved and the property is not converted into absolute ownership.
Q36Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 15(2)(a) of the Hindu Succession Act, 1956, property inherited by a female Hindu from her father or mother, where she dies without leaving any son or daughter (or children of a predeceased child), devolves upon:
athe heirs of her husband
bthe heirs of her father
cher mother-in-law absolutely
dthe State by escheat
Answer: B
Section 15(2)(a) provides that property inherited from the parents, in the absence of issue, reverts to the heirs of the father rather than passing under the general order in Section 15(1).
Q37Law of Succession (Hindu Succession Act + Indian Succession Act)
In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court held that a daughter's coparcenary right under the amended Section 6 of the Hindu Succession Act, 1956:
ais conferred by birth and does not depend on the father being alive on 9 September 2005
bapplies only to daughters born after 9 September 2005
cis available only where there was no son in the coparcenary
darises only if the father coparcener was alive on 9 September 2005
Answer: A
Vineeta Sharma held the daughter is a coparcener by birth, so her right does not depend on the father being alive on 9 September 2005, overruling Prakash v. Phulavati on this point.
Q38Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 63 of the Indian Succession Act, 1925, regarding the attestation of an unprivileged will, it is:
anecessary that both attesting witnesses be present at the same time
bnecessary that the will be registered before two witnesses
cnot necessary that more than one witness be present at the same time
dnecessary that the witnesses also sign before a Magistrate
Answer: C
Section 63(c) requires attestation by two or more witnesses who have seen the testator sign or received his acknowledgment, but expressly states it is not necessary that more than one witness be present at the same time.
Q39Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 109 of the Indian Succession Act, 1925, where a testator bequeaths property to his own child or other lineal descendant who predeceases the testator but leaves a lineal descendant surviving the testator, the bequest:
ais void for uncertainty
bdoes not lapse but takes effect as if the legatee's death had happened immediately after the testator's death
clapses and falls into the residue
dpasses to the testator's executor absolutely
Answer: B
Section 109 is an exception to the lapse rule: a bequest to the testator's child or lineal descendant who predeceases him, leaving a lineal descendant who survives the testator, does not lapse and takes effect as if the legatee died just after the testator.
Q40Law of Succession (Hindu Succession Act + Indian Succession Act)
Under Section 69 of the Indian Succession Act, 1925, the marriage of the maker of a will (other than a Hindu, Buddhist, Sikh or Jain to whom Section 57 applies):
aonly revokes bequests in favour of the spouse
bmerely suspends the operation of the will during the marriage
chas no effect on the will
drevokes every such will, except a will made in exercise of a power of appointment in the cases specified
Answer: D
Section 69 provides that every will is revoked by the testator's marriage, save a will made in exercise of a power of appointment where the property would not otherwise pass to the executor, administrator or person entitled on intestacy.
Under Section 52 of the Transfer of Property Act (doctrine of lis pendens), a transfer of immovable property during the pendency of a suit in which a right to that property is in question:
aIs absolutely void
bIs voidable at the option of the transferee
cConfers an indefeasible title on a bona fide transferee for value
dDoes not affect the rights of any other party to the suit under any decree that may be made therein
Answer: D
Section 52 does not render a transfer pendente lite void; the transfer is valid between the parties but cannot affect the rights of other parties under the decree, the transferee taking subject to the result of the suit.
To attract the doctrine of part performance under Section 53A of the Transfer of Property Act, which of the following is essential?
aThe instrument of transfer must have been duly registered
bThe transferee must have paid the entire consideration in advance
cThe contract to transfer must be oral and the transferee must be put in possession
dThere must be a written contract signed by the transferor from which the terms can be ascertained with reasonable certainty, and the transferee must have taken possession in part performance and be willing to perform his part
Answer: D
Section 53A requires a written contract signed by or on behalf of the transferor whose terms can be ascertained with reasonable certainty, the transferee being put in or continuing in possession in part performance and willing to perform his part; the transferor is then barred from enforcing rights inconsistent with the contract.
A mortgage by which the mortgagor delivers possession of the mortgaged property to the mortgagee and authorises him to retain such possession until payment, and to receive the rents and profits in lieu of interest or in part payment, is known as:
aA simple mortgage
bAn English mortgage
cA usufructuary mortgage
dA mortgage by conditional sale
Answer: C
Section 58(d) defines a usufructuary mortgage, where the mortgagee is put in possession and retains the rents and profits in lieu of interest or principal until payment of the mortgage money.
The principle that 'once a mortgage always a mortgage', which prohibits any stipulation that prevents the mortgagor from redeeming the property on payment of the mortgage money, is recognised under the Transfer of Property Act as the doctrine of:
aSubrogation
bClog on the equity of redemption
cTacking
dMarshalling of securities
Answer: B
The right of redemption under Section 60 cannot be fettered; any condition that clogs or obstructs the mortgagor's right to redeem on payment is void as a clog on the equity of redemption.
In the absence of a contract, local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be:
aA lease from year to year, terminable by six months' notice
bA lease at will, terminable at any time
cA lease from month to month, terminable by fifteen days' notice
dA lease for a fixed term of five years
Answer: A
Under Section 106, a lease for agricultural or manufacturing purposes is, in the absence of contract or usage, deemed to be from year to year, terminable on the part of either lessor or lessee by six months' notice.
Under Section 122 of the Transfer of Property Act, a gift of immovable property is complete only when:
aIt is effected by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses, and accepted by the donee during the lifetime of the donor
bPossession of the property is delivered to the donee, registration being optional
cThe donee pays a nominal consideration to the donor
dIt is made orally in the presence of two witnesses
Answer: A
Section 123 requires a gift of immovable property to be made by a registered instrument signed by the donor and attested by at least two witnesses; under Section 122 the gift must also be accepted by the donee during the donor's lifetime and while he is still capable of giving.
A transferee of immovable property, believing in good faith that he is absolutely entitled to it, makes valuable improvements and is later evicted by a person having a better title. Under Section 51 of the Transfer of Property Act, 1882, the amount payable to him in respect of such improvement is to be estimated as on:
athe date the suit for eviction is filed
bthe time of the eviction
cthe date the improvement was made
dthe date of his transfer
Answer: B
Section 51 entitles a bona fide transferee under a defective title, on eviction, to require the person evicting him to pay/secure the value of the improvement, that value being the estimated value 'at the time of the eviction'.
Under the proviso to Section 41 of the Transfer of Property Act, 1882, a transfer by an ostensible owner (made with the consent of the persons interested) is protected against the real owner only if the transferee:
aobtained a registered instrument of transfer
bmerely paid consideration, irrespective of inquiry
ctook reasonable care to ascertain that the transferor had power to make the transfer, and acted in good faith
dhad no relationship with the real owner
Answer: C
The proviso to Section 41 requires the transferee, in order to defeat the real owner, to prove that he took reasonable care to ascertain the transferor's power to transfer and that he acted in good faith.
X, falsely representing that he is authorised, sells immovable property to Y for consideration. While the contract subsists, X acquires title to that very property and, before Y exercises any right, sells it to Z, a bona fide purchaser for value without notice of Y's option. Under Section 43 of the Transfer of Property Act, 1882:
aY's option prevails over Z because the doctrine of feeding the grant is absolute
bY can claim the property only if X's representation was fraudulent and not merely erroneous
cZ is protected, as the section does not impair the right of a transferee in good faith for consideration without notice of the option
dthe second sale to Z is wholly void
Answer: C
Section 43 lets the transferee claim the after-acquired interest, but its proviso expressly saves the right of a bona fide transferee for consideration without notice of the existence of that option; the representation may be fraudulent or erroneous.
Under the doctrine of election in Section 35 of the Transfer of Property Act, 1882, where the owner on whom a benefit is conferred knowingly enjoys that benefit, after what period of such enjoyment without doing any act of dissent is his confirmation of the transfer presumed?
aThree years
bSix months
cTwo years
dOne year
Answer: C
Section 35 provides that knowledge or waiver of inquiry is presumed where the person enjoys the benefit for two years without doing any act to express dissent, raising a presumption that he has elected to confirm the transfer.
The Privy Council observation 'they also serve who only stand and wait', explaining joint liability under Section 34 IPC, was made in which case?
aSuresh vs. State of U.P.
bBarendra Kumar Ghosh vs. King Emperor
cPandurang vs. State of Hyderabad
dMahbub Shah vs. King Emperor
Answer: B
In Barendra Kumar Ghosh vs. King Emperor (AIR 1925 PC 1), the Privy Council, holding that even a participant who merely stands and waits can be liable under Section 34, used the dictum 'they also serve who only stand and wait'.
For an offence to amount to dacoity under Section 391 IPC, the minimum number of persons who must conjointly commit or attempt to commit robbery (including those present and aiding) is:
aFour or more
bFive or more
cThree or more
dSeven or more
Answer: B
Section 391 provides that when five or more persons conjointly commit or attempt to commit a robbery, or where the persons committing/attempting and those present and aiding amount to five or more, the offence is dacoity.
Under Section 149 IPC, every member of an unlawful assembly is guilty of an offence committed by any member in prosecution of the:
aCommon intention
bCriminal conspiracy
cCommon object
dPrior concert and meeting of minds
Answer: C
Section 149 fastens constructive liability on every member of an unlawful assembly for an offence committed in prosecution of the 'common object', or which the members knew to be likely. 'Common intention' is the basis of Section 34, not Section 149.
Under Exception 1 to Section 300 IPC, culpable homicide is not murder where the offender, deprived of the power of self-control, causes death by provocation which is:
aGrave but need not be sudden
bSudden but need not be grave
cBoth grave and sudden
dEither grave or sudden
Answer: C
Exception 1 to Section 300 applies only when the provocation is BOTH grave AND sudden, depriving the accused of self-control. Provocation that is grave but not sudden, or sudden but not grave, will not attract the exception.
Under Section 100 IPC, the right of private defence of the body extends to voluntarily causing death where the assault is committed with the intention of:
aDefaming a person
bCommitting theft
cCommitting rape
dCausing hurt simpliciter
Answer: C
Section 100 lists the circumstances in which the right of private defence of the body extends to causing death, including assault with the intention of committing rape. A mere intention to cause simple hurt, theft, or defamation does not fall within Section 100.
Section 361 IPC (kidnapping from lawful guardianship) protects a female minor who is under the age of:
aSixteen years
bTwenty-one years
cEighteen years
dFifteen years
Answer: C
Section 361 IPC applies where a minor under sixteen years (if male) or under eighteen years (if female), or a person of unsound mind, is taken or enticed out of the keeping of the lawful guardian without consent.
Which one of the following statements correctly distinguishes Section 34 from Section 149 IPC?
aSection 34 requires a minimum of five persons, whereas Section 149 may apply to two persons
bSection 34 creates a substantive offence, whereas Section 149 is only a rule of evidence
cBoth sections require a pre-arranged plan and at least five persons
dSection 34 rests on common intention and may apply to two or more persons, whereas Section 149 rests on common object and requires an unlawful assembly of five or more
Answer: D
Section 34 is founded on a common intention and a prior meeting of minds and can apply to two or more persons; Section 149 is founded on the common object of an unlawful assembly, which by Section 141 requires five or more persons. Section 34 is a rule of evidence creating joint liability; Section 149 itself creates a substantive constructive offence.
Whoever conveys any person beyond the limits of India, without the consent of that person or of someone legally authorised to consent on his behalf, commits:
aWrongful confinement under Section 340
bKidnapping from India under Section 360
cAbduction under Section 362
dKidnapping from lawful guardianship under Section 361
Answer: B
Section 360 IPC defines kidnapping from India as conveying any person beyond the limits of India without the consent of that person or of a person legally authorised to consent on his behalf. This offence applies irrespective of whether the victim is a major or a minor.
Under the Bharatiya Nyaya Sanhita, 2023, 'snatching' has been introduced as a distinct offence. The maximum imprisonment prescribed for committing snatching is:
aTwo years
bSeven years
cThree years
dFive years
Answer: C
Section 304 BNS defines snatching as theft committed by suddenly, quickly or forcibly seizing or grabbing movable property from a person, and sub-section (2) prescribes imprisonment of either description up to three years and fine.
Under Section 117 of the Bharatiya Nyaya Sanhita, 2023, where a group of five or more persons acting in concert causes grievous hurt to a person on the ground of his race, caste, community, sex, place of birth, language or personal belief, each member of the group is punishable with imprisonment which may extend to:
aFive years
bSeven years
cThree years
dTen years
Answer: B
Section 117(4) BNS makes each member of a group of five or more persons who jointly causes grievous hurt on discriminatory grounds liable for imprisonment of either description up to seven years and fine.
A person not already in the service of the Union or a State is eligible to be appointed a district judge under Article 233(2) only if he has been an advocate or pleader for not less than:
aThree years
bTen years
cFive years
dSeven years
Answer: D
Under Article 233(2), an outsider to government service must have been an advocate or pleader for not less than seven years and be recommended by the High Court for appointment as a district judge.
The provisions of the Fifth Schedule, dealing with the administration and control of Scheduled Areas and Scheduled Tribes, apply to a State such as Odisha under:
aArticle 244(1)
bArticle 246
cArticle 243
dArticle 244(2)
Answer: A
Article 244(1) makes the Fifth Schedule applicable to the administration and control of Scheduled Areas and Scheduled Tribes in States other than Assam, Meghalaya, Tripura and Mizoram; Odisha falls within this category.
Where a law made by a State Legislature on a matter in the Concurrent List has been reserved for the consideration of the President and has received his assent, then under Article 254(2) such State law:
aRequires re-enactment by Parliament to be valid
bPrevails in that State despite repugnancy with an earlier law of Parliament
cIs void to the extent of repugnancy
dPrevails throughout India over the law of Parliament
Answer: B
Under Article 254(2), a State law on a Concurrent List subject that is reserved for and receives Presidential assent prevails in that State despite repugnancy with an earlier law of Parliament, though Parliament may still legislate afresh on the matter.
Under Article 226(2), a High Court may issue writs to a Government, authority or person outside its ordinary territorial limits if:
aThe cause of action, wholly or in part, arises within its territorial jurisdiction
bThe seat of the authority is within those territories
cThe residence of the person is within those territories
dThe Supreme Court so directs
Answer: A
Article 226(2) empowers a High Court to issue writs beyond its territorial limits where the cause of action, wholly or in part, arises within its jurisdiction, notwithstanding that the seat of the authority or residence of the person lies outside.
A new All-India Service, including an all-India judicial service, can be created under Article 312 only after a resolution to that effect is passed by:
aThe Lok Sabha by a simple majority
bBoth Houses sitting jointly by an absolute majority
cThe Inter-State Council
dThe Rajya Sabha supported by not less than two-thirds of the members present and voting
Answer: D
Article 312(1) requires the Council of States (Rajya Sabha) to declare by resolution, supported by not less than two-thirds of the members present and voting, that it is necessary in the national interest to create such a service before Parliament may legislate.
An Ordinance promulgated by the Governor under Article 213 must be laid before the State Legislature and ceases to operate at the expiration of:
aSix months from promulgation in all cases
bSix weeks from the reassembly of the Legislature
cOne year from promulgation
dTwo months from the reassembly of the Legislature
Answer: B
Under Article 213(2)(a), a Governor's Ordinance must be laid before the State Legislative Assembly (and Council, if any) and ceases to operate at the expiry of six weeks from the reassembly of the Legislature, unless disapproved earlier.
Article 243ZG, which bars courts from questioning the validity of any law relating to the delimitation of constituencies and from entertaining municipal election disputes except by election petition, falls within:
aPart IX dealing with the Panchayats
bPart IXA dealing with the Municipalities
cPart XIV dealing with Services
dPart XV dealing with Elections
Answer: B
Article 243ZG is part of Part IXA (the Municipalities), inserted by the Seventy-fourth Amendment Act, 1992, and it ousts the jurisdiction of courts in municipal delimitation and election matters save by election petition.
The Sixth Schedule, providing for the administration of Tribal Areas through Autonomous District Councils, applies to the tribal areas in the States of:
aOdisha, Jharkhand, Chhattisgarh and Madhya Pradesh
bAll States having Scheduled Tribes
cAssam, Meghalaya, Tripura and Mizoram
dNagaland, Manipur, Sikkim and Arunachal Pradesh
Answer: C
Read with Article 244(2), the Sixth Schedule applies to the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram; the Fifth Schedule (not the Sixth) governs Scheduled Areas in States like Odisha.
Under Article 169 of the Constitution, a law made by Parliament providing for the abolition or creation of a Legislative Council of a State:
aRequires ratification by not less than one-half of the State Legislatures
bRequires a special majority of each House of Parliament under Article 368
cShall be deemed to be an amendment of the Constitution for the purposes of Article 368
dShall not be deemed to be an amendment of the Constitution for the purposes of Article 368
Answer: D
Article 169(3) expressly provides that no such law (passed after a resolution by the State Legislative Assembly supported by a majority of total membership and two-thirds of members present and voting) shall be deemed to be an amendment of the Constitution for the purposes of Article 368.
Under the second proviso to Article 31A(1), where a law provides for the acquisition by the State of an estate, land held by a person under his personal cultivation and within the ceiling limit applicable to him cannot be acquired unless the law provides for payment of compensation:
aEqual to twice the assessed land revenue
bAs may be fixed by the appropriate Legislature, which shall not be questioned in any court
cIn the form of bonds redeemable within a period not exceeding ten years
dAt a rate which shall not be less than the market value thereof
Answer: D
The second proviso to Article 31A(1) bars acquisition of personally cultivated land (and any building or structure thereon) within the ceiling limit unless the acquiring law provides for compensation at a rate not less than the market value thereof.
Under Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a statement as to the cause of death or the circumstances of the transaction resulting in death (dying declaration) is relevant:
aOnly if the declarant was under expectation of imminent death
bOnly in proceedings relating to the death of the declarant
cWhether or not the person who made it was under expectation of death
dOnly if recorded by a Magistrate on oath
Answer: C
Under Section 26(a) of the BSA, such statements are relevant whether or not the person who made them was, at the time when they were made, under expectation of death, and whatever the nature of the proceeding in which the cause of death comes into question.
The opinion of an expert under Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is relevant on a point of:
aIndian law only
bThe credibility of an ordinary witness
cForeign law, science or art, or identity of handwriting or finger impressions
dAny disputed question of fact in the case
Answer: C
Section 39 of the BSA makes the opinion of persons specially skilled relevant only on points of foreign law, science or art, or the identity of handwriting or finger impressions; Indian law is for the court to decide.
When a person accused of an offence pleads that his case falls within a General Exception of the penal law, Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides that the burden of proving the existence of such circumstances lies:
aOn the accused
bOn the prosecution
cOn the court to investigate suo motu
dEqually on both the prosecution and the accused
Answer: A
Section 108 of the BSA places the burden of proving circumstances bringing the case within a General Exception (or any special exception or proviso) upon the accused, and the court presumes the absence of such circumstances.
Where a man is in possession of stolen goods soon after the theft, Illustration (a) to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) allows the court to presume that he:
aIs either the thief or has received the goods knowing them to be stolen, unless he can account for his possession
bMust be acquitted for want of direct evidence
cIs presumed innocent in all circumstances
dIs conclusively proved to be the thief
Answer: A
Illustration (a) to Section 119 of the BSA permits the court to presume that a man in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession; it is a presumption of fact, not conclusive proof.
Illustration (g) to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) enables the court to presume that evidence which could be and is not produced would, if produced, be:
aConclusive of the matter in issue
bWholly irrelevant to the proceeding
cFavourable to the person who withholds it
dUnfavourable to the person who withholds it
Answer: D
Illustration (g) to Section 119 of the BSA allows the court to presume that evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it.
Under Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the general rule regarding competency of witnesses is that:
aAll persons are competent to testify unless prevented from understanding the questions or giving rational answers
bCompetency depends on the discretion of the public prosecutor
cA person of unsound mind is never a competent witness
dOnly persons above 18 years of age are competent to testify
Answer: A
Section 124 of the BSA (who may testify) lays down that all persons are competent to testify unless the court considers that they are prevented from understanding the questions or giving rational answers by tender years, extreme old age, disease of body or mind, or any other cause of the same kind.
Section 138 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides that an accomplice:
aIs a competent witness, and a conviction is not illegal merely because it proceeds upon his corroborated testimony
bIs not a competent witness against an accused person
cCan testify only after being granted pardon
dMust always be corroborated in material particulars for any conviction to be legal
Answer: A
Section 138 of the BSA declares that an accomplice is a competent witness against an accused, and a conviction is not illegal merely because it proceeds upon the corroborated testimony of an accomplice. The enacted BSA text replaces the word 'uncorroborated' in the repealed Section 133 of the Indian Evidence Act, 1872 with 'corroborated'; corroboration as a matter of prudence is dealt with in Illustration (b) to Section 119.
Under Section 22 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a confession is irrelevant in a criminal proceeding if it appears to have been caused by an inducement, threat, coercion or promise which:
aRelates only to spiritual or religious consequences
bHas reference to the charge and proceeds from a person in authority, giving the accused reasonable grounds for supposing a temporal advantage
cProceeds from any private person not connected with the case
dIs made after the accused is produced before a Magistrate
Answer: B
Under Section 22 of the BSA a confession is irrelevant where the inducement, threat, coercion or promise has reference to the charge, proceeds from a person in authority, and is sufficient to give the accused reasonable grounds for supposing that he would gain an advantage or avoid an evil of a temporal nature in reference to the proceedings against him (corresponding to the former Section 24 of the Indian Evidence Act, 1872).
Under section 39(2) of the Bharatiya Sakshya Adhiniyam, 2023, when the court has to form an opinion on any matter relating to information transmitted or stored in a computer resource or other electronic or digital form, the opinion of the Examiner of Electronic Evidence is a relevant fact. This Examiner is the one referred to in:
aSection 79A of the Information Technology Act, 2000
bSection 2(1)(t) of the Information Technology Act, 2000
cSection 65B of the Indian Evidence Act, 1872
dSection 45A of the Bharatiya Sakshya Adhiniyam, 2023
Answer: A
Section 39(2) of the BSA, 2023 makes the opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000 a relevant fact, and the Explanation deems such Examiner to be an expert.
Under section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023, the certificate accompanying an electronic record submitted for admission, in the form specified in the Schedule, must be signed by:
aOnly an Examiner of Electronic Evidence
bOnly the person in charge of the computer or communication device
cThe Investigating Officer and a Judicial Magistrate
dThe person in charge of the computer or communication device (or management of the relevant activities) and an expert
Answer: D
Section 63(4) of the BSA, 2023 requires the certificate (in the Schedule format, also stating the hash value) to be signed both by the person in charge of the computer/communication device or management of the relevant activities and by an expert, and to be submitted at each instance the electronic record is tendered.
Q81Contract Act (incl. Sale of Goods / commercial)
A general lien, in the absence of a contract to the contrary, is available under Section 171 of the Indian Contract Act, 1872 to which one of the following?
aA finder of goods
bAn ordinary bailee
cA pawnee in respect of goods pledged
dA banker
Answer: D
Section 171 confers a general lien on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers; a pawnee or ordinary bailee has only a particular lien.
Q82Contract Act (incl. Sale of Goods / commercial)
On payment of the guaranteed debt, a surety becomes invested with all the rights which the creditor had against the principal debtor. This right of the surety is known as the right of:
aSubrogation
bSet-off
cContribution
dIndemnity
Answer: A
Section 140 of the Indian Contract Act, 1872 embodies the surety's right of subrogation: upon discharging the debt the surety steps into the shoes of the creditor and acquires the creditor's rights against the principal debtor.
Q83Contract Act (incl. Sale of Goods / commercial)
Under the Indian Contract Act, 1872, the liability of the surety is co-extensive with that of the principal debtor. This principle is contained in:
aSection 126
bSection 128
cSection 145
dSection 140
Answer: B
Section 128 declares that the liability of the surety is co-extensive with that of the principal debtor unless the contract otherwise provides; s.126 defines guarantee, s.140 deals with subrogation and s.145 with the implied promise to indemnify the surety.
Q84Contract Act (incl. Sale of Goods / commercial)
Under the Sale of Goods Act, 1930, where under a contract of sale the transfer of property in the goods is to take place at a future time or subject to some condition to be fulfilled, the contract is:
aA void contract
bA sale
cA hire-purchase agreement
dAn agreement to sell
Answer: D
Section 4(3) of the Sale of Goods Act, 1930 provides that where transfer of property is to take place at a future time or subject to a condition, it is an 'agreement to sell', which becomes a 'sale' when the time elapses or the condition is fulfilled.
Q85Contract Act (incl. Sale of Goods / commercial)
Under Section 26 of the Sale of Goods Act, 1930, unless otherwise agreed, the goods remain at the risk of the seller until:
aThe price is fully paid by the buyer
bThe contract of sale is reduced to writing
cThe property in the goods is transferred to the buyer
dDelivery of the goods is made to the buyer
Answer: C
Section 26 enacts that risk prima facie passes with property: goods remain at the seller's risk until the property is transferred to the buyer, after which they are at the buyer's risk whether or not delivery has been made.
Q86Contract Act (incl. Sale of Goods / commercial)
The maxim 'caveat emptor', subject to the exceptions therein, is embodied in the Sale of Goods Act, 1930 in:
aSection 16
bSection 30
cSection 19
dSection 12
Answer: A
Section 16 lays down that subject to the Act there is no implied warranty or condition as to quality or fitness, embodying caveat emptor, while carving out exceptions where the buyer makes known the particular purpose and relies on the seller's skill.
Q87Contract Act (incl. Sale of Goods / commercial)
A seller of goods is deemed to be an 'unpaid seller' within the meaning of Section 45 of the Sale of Goods Act, 1930 when:
aOnly the goods have not yet been delivered
bThe buyer has merely delayed acceptance of the goods
cThe buyer has refused to take delivery within reasonable time
dThe whole of the price has not been paid or tendered
Answer: D
Under Section 45, a seller is 'unpaid' when the whole of the price has not been paid or tendered, or when a bill of exchange or other negotiable instrument received as conditional payment has been dishonoured; non-delivery or delay in acceptance is irrelevant.
Q88Contract Act (incl. Sale of Goods / commercial)
Where a person, having sold goods, continues in possession of them and delivers and transfers the goods to a third person who buys them in good faith and without notice of the previous sale, the transfer is valid against the first buyer. This exception to the rule 'nemo dat quod non habet' is contained in:
aSection 53A of the Transfer of Property Act, 1882
bSection 27 of the Sale of Goods Act, 1930
cSection 41 of the Transfer of Property Act, 1882
dSection 30 of the Sale of Goods Act, 1930
Answer: D
Section 30(1) of the Sale of Goods Act, 1930 protects a bona fide transferee from a seller continuing in possession after sale; section 27 lays down the general rule (nemo dat) and its broad exceptions.
Q89Contract Act (incl. Sale of Goods / commercial)
Under Section 26 of the Sale of Goods Act, 1930, where delivery of the goods has been delayed through the fault of either the buyer or the seller, the goods are:
aAlways at the seller's risk until actual delivery is made
bAt the joint risk of both buyer and seller irrespective of who is in fault
cAt the risk of the buyer in every case once the contract of sale is concluded
dAt the risk of the party in fault as regards any loss which might not have occurred but for such fault
Answer: D
The first proviso to Section 26 of the Sale of Goods Act, 1930 displaces the general 'risk passes with property' rule where delivery is delayed by a party's fault, placing the risk on the party in fault for any loss attributable to that delay.
Q90Contract Act (incl. Sale of Goods / commercial)
Under Section 230 of the Indian Contract Act, 1872, a contract enabling the agent to be personally bound is presumed to exist in which of the following cases?
aWhere the agent acts strictly within the limits of the authority conferred by a disclosed principal
bWhere the contract is made by an agent for the sale or purchase of goods for a merchant resident abroad
cWhere the principal is disclosed and can be sued upon the contract
dWhere the agent is appointed by an express written power of attorney
Answer: B
Section 230 presumes a contract making the agent personally liable in three situations: where the contract is for sale/purchase of goods for a merchant resident abroad, where the agent does not disclose the principal's name, and where the disclosed principal cannot be sued.
Under Section 38 of the Specific Relief Act, 1963, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour. Where the obligation arises from a contract, the court is guided by the rules contained in:
aOrder XXXIX of the Code of Civil Procedure exclusively
bChapter VI of the Act (relating to declaratory decrees)
cThe Limitation Act, 1963 alone
dChapter II of the Act (relating to specific performance of contracts)
Answer: D
Section 38(2) provides that when the obligation arises from contract, the court shall be guided by the rules and provisions contained in Chapter II of the Act dealing with specific performance.
Under Section 31 of the Specific Relief Act, 1963, a person against whom a written instrument is void or voidable, and who has reasonable apprehension that the instrument, if left outstanding, may cause him serious injury, may sue to have it:
aSpecifically performed with a variation
bRescinded only on the ground of fraud
cRectified to express the real intention of the parties
dAdjudged void or voidable and ordered to be delivered up and cancelled
Answer: D
Section 31 allows a person against whom an instrument is void or voidable, with reasonable apprehension of serious injury, to sue to have it adjudged void or voidable and ordered to be delivered up and cancelled.
A relief for specific performance of a contract may be enforced against either party and also against a person claiming under him by a title arising subsequent to the contract. This is provided under:
aSection 19 of the Specific Relief Act, 1963
bSection 18 of the Specific Relief Act, 1963
cSection 8 of the Specific Relief Act, 1963
dSection 12 of the Specific Relief Act, 1963
Answer: A
Section 19 specifies the persons against whom specific performance may be enforced, including parties and persons claiming under them by a title arising subsequent to the contract (other than a transferee for value in good faith without notice).
Under Section 12 of the Specific Relief Act, 1963, where a party to a contract is unable to perform the whole of his part of it, but the part unperformed bears only a small proportion to the whole in value and admits of compensation in money, the court:
aMay grant specific performance only of the part that remains unperformed
bShall direct rescission of the entire contract
cMay, at the suit of either party, direct specific performance of so much as can be performed, with compensation for the deficiency
dMust refuse specific performance of the whole contract
Answer: C
Section 12(2) provides that where the unperformed part is small in proportion and admits of money compensation, the court may at the suit of either party direct specific performance of the part that can be performed, with compensation for the deficiency.
Under Section 26 of the Specific Relief Act, 1963, an instrument may be rectified by the court when, through fraud or a mutual mistake of the parties:
aThe consideration for the instrument has wholly failed
bOne of the parties has rescinded the contract
cThe instrument does not express the real intention of the parties
dThe instrument has become impossible of performance
Answer: C
Section 26 permits rectification of an instrument which, due to fraud or mutual mistake, fails to express the real intention of the parties, so that it may be made to express that intention.
Under Section 6 of the Specific Relief Act, 1963, against a decree or order passed in a suit by a person dispossessed of immovable property:
aAn appeal lies but no review is allowed
bBoth appeal and review are allowed within thirty days
cA review is allowed but no appeal lies
dNeither an appeal nor a review is allowed
Answer: D
Section 6(3) expressly bars both appeal and review against any order or decree passed in a suit instituted under that section, making such orders final (subject only to revision/writ).
Before getting a contract performed through a third party (substituted performance) under Section 20 of the Specific Relief Act, 1963, the party suffering the breach must give the party in breach a written notice of:
aNot less than sixty days
bNot less than thirty days
cNot less than fifteen days
dNot less than ninety days
Answer: B
Section 20(1), as substituted by the Specific Relief (Amendment) Act, 2018, requires a written notice of not less than thirty days to the party in breach before the aggrieved party may have the contract substituted-performed by a third party or its own agency and recover the costs.
Under Section 41(ha) of the Specific Relief Act, 1963, an injunction cannot be granted where:
aThe contract is one which by its nature is determinable
bIt would impede or delay the progress or completion of any infrastructure project specified in the Schedule
cIt is sought to restrain a person from instituting any proceeding in a court not subordinate to that from which the injunction is sought
dEqually efficacious relief can be obtained by any other usual mode of proceeding
Answer: B
Clause (ha) of Section 41, inserted by the 2018 Amendment, bars grant of an injunction where it would impede or delay the progress or completion of an infrastructure project specified in the Schedule; options (c) and (d) are the older clauses (a) and (h).
Q100Protection of Women from Domestic Violence Act, 2005
Which one of the following statements about the Protection of Women from Domestic Violence Act, 2005 is correct?
aThe provisions of the Act are in addition to, and not in derogation of, the provisions of any other law for the time being in force
bThe Act repeals Section 498A of the Indian Penal Code
cAn aggrieved person can seek relief only before a criminal court and nowhere else
dThe reliefs under the Act are available in substitution of, and not in addition to, the remedies under any other law
Answer: A
Section 36 expressly provides that the provisions of the Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force; reliefs under the Act are thus supplementary to other civil and criminal remedies.
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