Odisha Judiciary — Prelims 2013

Correct answer: B

Doctrine of colourable legislation relates to legislative competence (Art 246/Schedule VII), not Art 13. Eclipse, waiver and severability all flow from Art 13.

Correct answer: A

A university student union is not 'State' under Art 12. CSIR, a municipal corporation and the UPSC are all 'State'/instrumentalities.

Correct answer: C

Freedom of speech and expression (Art 19) is available to citizens only. The others (Arts 14, 21, 22) are available to all persons.

Correct answer: B

Protection of life and personal liberty (Art 21) extends to all persons. Art 19 freedoms (union, assembly, free movement) are citizen-only.

Correct answer: C

Article 20(3) embodies the privilege against self-incrimination: no person accused of an offence shall be compelled to be a witness against himself.

Correct answer: D

Organisation of village panchayats is a DPSP under Art 40. The others are fundamental rights, not directive principles.

Correct answer: C

Right to Education is now a Fundamental Right (Art 21A), not a DPSP. UCC (Art 44), village panchayats (Art 40) and free legal aid (Art 39A) are DPSPs.

Correct answer: D

Art 51A speaks of valuing and preserving the rich composite culture, not 'promoting Indian culture' as worded; protecting sovereignty, defending the country and respecting the National Anthem are listed duties.

Correct answer: B

The doctrine of prospective overruling was first applied by the Supreme Court in I.C. Golak Nath v. State of Punjab (1967).

Correct answer: B

Gian Kaur v. State of Punjab (1996) held the right to life under Art 21 does not include the right to die, overruling P. Rathinam.

Correct answer: D

Preliminary decrees may be passed in suits for partition, dissolution of partnership, and possession with mesne profits (Order XX CPC) — all of the above.

Correct answer: D

Section 15 CPC deals with pecuniary jurisdiction: every suit shall be instituted in the court of the lowest grade competent to try it.

Correct answer: C

Set-off may be both legal (Order VIII Rule 6) and equitable, hence both (a) and (b).

Correct answer: C

Against an ex-parte decree the specific remedy is an application to set it aside under Order IX Rule 13 (appeal and review are general remedies); this is the on-point option.

Correct answer: C

'Nemo debet bis vexari pro una et eadem causa' means no one shall be vexed twice for one and the same cause — the basis of res judicata.

Correct answer: B

Under the proviso to Section 60(1) CPC, in execution of a maintenance decree salary is attachable to the extent of one-third (the usual two-thirds exemption does not apply).

Correct answer: B

Under Section 100 CPC a second appeal lies to the High Court, only on a substantial question of law.

Correct answer: D

Section 89 CPC provides for settlement of disputes outside the court through ADR (arbitration, conciliation, mediation, Lok Adalat).

Correct answer: C

Section 115 CPC (revision) applies where the subordinate court has committed a jurisdictional error — exercised jurisdiction not vested, failed to exercise it, or acted illegally/with material irregularity.

Correct answer: A

Under Order XXXIII Rule 11A CPC, where an indigent person's suit abates on the plaintiff's death, the court fee is recoverable from the estate of the deceased plaintiff.

Correct answer: D

Under Section 2(x) CrPC a warrant case relates to an offence punishable with death, imprisonment for life, or imprisonment for a term exceeding two years.

Correct answer: A

Under Section 262(2) CrPC, no sentence of imprisonment exceeding three months can be passed in a summary trial.

Correct answer: B

Section 125 CrPC provides for orders for maintenance of wives, children and parents.

Correct answer: C

Section 304 CrPC provides for legal aid to an accused at State expense where he is not represented by a pleader.

Correct answer: B

Section 300 CrPC embodies the rule against double jeopardy (autrefois acquit/convict): a person once convicted or acquitted shall not be tried again for the same offence.

Correct answer: D

Section 39 CrPC lists offences (including ss.121-126, ss.302/303/304 cluster, and ss.489A-489E counterfeiting of currency) about which every person aware is bound to inform the nearest Magistrate or police officer; all the listed clusters fall within it.

Correct answer: A

Section 45 CrPC protects members of the Armed Forces from arrest for anything done in discharge of official duties except with the consent of the Central/State Government.

Correct answer: C

Section 416 CrPC empowers the High Court to postpone the execution of a death sentence on a pregnant woman, and it may commute the sentence to life imprisonment if it thinks fit.

Correct answer: A

Section 366 CrPC requires the Court of Session, on passing a death sentence, to submit the proceedings to the High Court; the sentence is not executed until confirmed by the High Court.

Correct answer: D

Section 354 CrPC governs the language and contents of a judgment: it must be in the language of the court, contain points for determination with reasons, and specify the offence and the section under which the accused is convicted — all of the above.

Correct answer: D

Section 141 of the Indian Evidence Act, 1872 defines a 'leading question' as one suggesting the answer which the person putting it wishes or expects to receive.

Correct answer: A

Section 115 of the Indian Evidence Act, 1872 enacts the doctrine of estoppel by conduct/representation.

Correct answer: C

Section 125 of the Indian Evidence Act, 1872 protects official communications: a public officer cannot be compelled to disclose communications made to him in official confidence when the public interest would suffer.

Correct answer: A

A witness unable to speak (under s.119 of the Evidence Act, who may give evidence by writing or signs) is referred to as a dumb witness.

Correct answer: B

Section 75 of the Indian Evidence Act, 1872 (read with s.76) deals with proof of public documents by their certified copies.

Correct answer: C

Where the accused withdraws or denies a confession he had earlier made, it is termed a retracted confession.

Correct answer: B

Expert opinion under Section 45 of the Evidence Act is only corroborative/advisory in nature; it is not binding or conclusive and requires corroboration.

Correct answer: D

Section 8 of the Indian Evidence Act, 1872 makes motive, preparation and previous or subsequent conduct relevant facts — all of the above.

Correct answer: A

Section 47A of the Indian Evidence Act, 1872 (inserted by the IT Act amendments) deals with relevance of the opinion of a Certifying Authority as to electronic/digital signatures.

Correct answer: D

'Admission' is defined in Section 17 of the Indian Evidence Act, 1872 as a statement, oral or documentary, which suggests an inference as to any fact in issue or relevant fact.

Correct answer: A

The definition of crime as 'a violation of public rights and duties due to the whole community' is attributed to Sir William Blackstone (Commentaries).

Correct answer: B

Offences not requiring intention, recklessness or negligence as to one or more actus reus elements are strict liability offences.

Correct answer: C

Section 304B IPC (Chapter XVI) defines and punishes dowry death.

Correct answer: D

The principle that criminal jurisdiction is determined by the locality of the offence irrespective of the offender's nationality was laid down in Mobarik Ali Ahmed v. State of Bombay, AIR 1957 SC 857 (option (d), 'Mubarak AN vs. State of Bombay', is the OCR-garbled form of this case).

Correct answer: C

Where an offence carries a mandatory term of imprisonment, a company (being incapable of being imprisoned) can still be convicted and sentenced to fine — the courts impose the fine and the imprisonment portion cannot be enforced against the artificial person. The Odisha key treats this as 'can be convicted and can be fined'.

Correct answer: D

The Miltonic observation 'They also serve who only stand and wait', used to describe constructive/common-intention liability under s.34 IPC, appears in Pandurang v. State of Hyderabad, AIR 1955 SC 216.

Correct answer: D

Section 377 IPC dealt with 'unnatural offences' (carnal intercourse against the order of nature).

Correct answer: B

The maxim 'qui facit per alium facit per se' (he who acts through another acts himself) is the foundation of vicarious liability.

Correct answer: D

In Mithu v. State of Punjab, AIR 1983 SC 473, the Supreme Court struck down Section 303 IPC (mandatory death penalty for murder by a life convict) as violative of Articles 14 and 21.

Correct answer: B

The 2013 two-judge bench holding that delay in deciding mercy petitions cannot be a ground for commutation in anti-terror (TADA/POTA) cases is Devender Pal Singh Bhullar v. State (NCT of Delhi), (2013) 6 SCC 195 — which is NOT among the options. Of the four, only option (b) bears the year 2013, so it is the intended (mislabelled) key, but the question as printed appears defective.

Correct answer: C

The Law of Limitation neither creates a right where none exists nor extinguishes a right; it merely bars the remedy after a prescribed period to enforce an existing right. Hence both (a) and (b) describe its intention.

Correct answer: B

Article 5 of the Schedule to the Limitation Act, 1963 prescribes 3 years from the date of dissolution for a suit for an account and a share of the profits of a dissolved partnership.

Correct answer: B

Extension of the prescribed period on sufficient cause being shown for delay under Section 5 of the Limitation Act, 1963 is the doctrine of condonation (of delay).

Correct answer: D

Limitation falls under Entry 13 of List III (Concurrent List) of the Seventh Schedule, which covers civil procedure, limitation and arbitration.

Correct answer: B

Under Section 25 of the Limitation Act, 1963, the prescriptive period for acquiring an easement is 20 years generally, but 30 years where the property belongs to the Government.

Correct answer: A

Limitation bars the remedy (not the right) on expiry of the period (i & ii), and satisfying a time-barred claim outside court is not illegal (iii); statement (iv) is wrong. So (i), (ii), (iii) are correct.

Correct answer: C

Article 116 of the Limitation Act, 1963 prescribes 90 days for an appeal to a High Court from a decree or order (and 30 days to any other court).

Correct answer: A

Though enacted on 5 October 1963, the Limitation Act, 1963 came into force on 1 January 1964 (Section 1(3)).

Correct answer: B

Article 54 of the Limitation Act, 1963 prescribes 3 years for a suit for specific performance, running from the date fixed for performance or, if none, from when the plaintiff notices that performance is refused.

Correct answer: A

Under Section 9 of the Limitation Act, once time has begun to run, no subsequent disability or inability to sue stops it (continuous running of time).

Correct answer: D

'Nemo dat quod non habet' means no one can give/transfer what he does not have (or possess).

Correct answer: C

Under Section 10 of the Transfer of Property Act, a partial restraint on alienation (e.g., to sell only to a particular person) is valid/legal; only an absolute restraint is void.

Correct answer: A

Section 52 of the Transfer of Property Act embodies the doctrine of lis pendens (pending litigation, property cannot be transferred so as to affect the rights of any party to the suit).

Correct answer: C

A suit to debar the mortgagor absolutely of his right of redemption is a suit for foreclosure (Section 67, Transfer of Property Act).

Correct answer: B

Under Section 123 of the Transfer of Property Act, a gift of immovable property must be effected by a registered instrument signed by/on behalf of the donor and attested by at least two witnesses.

Correct answer: C

A mortgage by deposit of title deeds (Section 58(f), TP Act) is commonly known as an equitable mortgage.

Correct answer: D

Under Section 107 of the Transfer of Property Act, a lease of immovable property from year to year (or for a term exceeding one year, or reserving yearly rent) can be made only by a registered instrument.

Correct answer: D

Section 5 of the Transfer of Property Act expressly permits transfer 'to himself, or to himself and one or more other living persons.' So statement (d) is incorrect.

Correct answer: A

An actionable claim (Section 3, TP Act) is a claim to an unsecured debt or beneficial interest in movable property not in possession. A claim to mesne profits is not an actionable claim, being unascertained/damages in nature.

Correct answer: D

The three essentials of a valid Muslim (hiba) gift are declaration, acceptance and delivery of possession; registration through a registered instrument is not required.

Correct answer: C

An offer made to the public at large (e.g., Carlill v Carbolic Smoke Ball Co.) is a general offer.

Correct answer: B

Under Section 2(d) of the Indian Contract Act, past consideration is good consideration; the rule that 'past consideration is no consideration' holds only under English law.

Correct answer: C

Display of goods with price tags in a shop is merely an invitation to offer (invitation to treat), not an offer (Pharmaceutical Society v Boots).

Correct answer: A

Commercial impossibility (mere increase in cost/difficulty of performance) does not frustrate or render a contract void under Section 56; physical and legal impossibility do.

Correct answer: C

Hadley v. Baxendale is the leading case on remoteness of damages / damages for breach of contract (foreseeability rule), reflected in Section 73 of the Indian Contract Act.

Correct answer: B

M.C. Chacko v. State Bank of Travancore, AIR 1970 SC 504, is the leading Indian authority on privity of contract; the bank, not being a party to the gift deed, could not enforce the covenant.

Correct answer: D

A contract of indemnity is defined in Section 124 of the Indian Contract Act, 1872.

Correct answer: D

Saving B from drowning is a voluntary act done for B; B's subsequent promise to pay is enforceable as it falls within the exceptions to consideration under Section 25(2) of the Indian Contract Act.

Correct answer: C

Flagged: stem citation (AIR 1970) and the wealth-tax subject matter do not cleanly map to any contract-law category; per the standard exam key the case is associated with a wagering/contingent obligation, best fit (c) wagering agreement.

Correct answer: C

Under Sections 130 and 131 of the Indian Contract Act, a continuing guarantee is revoked both by notice to the creditor and by the surety's death (as to future transactions).

Correct answer: B

The Hindu Succession Act, 1956 received assent and came into force on 17th June 1956.

Correct answer: A

A full-blood heir is preferred to a half-blood heir of the same degree (Section 18, HSA); the full-blood sister's branch (D) excludes the half-blood brother's branch (S), so D takes the entire property.

Correct answer: A

As originally enacted, the Hindu Succession Act, 1956 extended to the whole of India except the State of Jammu and Kashmir (Section 1), so it did not apply to Hindus of J&K.

Correct answer: A

On a Hindu female's intestacy the property goes first to her sons, daughters and husband, who share equally (Section 15(1)(a) r/w Section 16); here husband, son, D1 and D2 take in four equal parts.

Correct answer: B

Flagged: Section 28 HSA abolishes disqualification on the ground of any disease, defect or deformity, so disease, physical defect and mental infirmity all cannot disqualify, while only conversion (its descendants, Section 26) can; the question is defective. Best single answer is physical defects.

Correct answer: C

A 'codicil' (Section 2(b), Indian Succession Act, 1925) is an instrument made in relation to a will, explaining, altering or adding to its dispositions.

Correct answer: B

Degrees of kindred are computed per the Table of Kindred set out in Schedule I to the Indian Succession Act, 1925 (Section 24 r/w Schedule I).

Correct answer: A

Under the Indian Succession Act (illustrations to Sections 126/127), a condition to marry with consent is satisfied if consent is obtained though after the marriage; the legacy is valid as the condition is fulfilled.

Correct answer: B

Section 186 of the Indian Succession Act, 1925 provides that a person taking no direct benefit under a will but deriving a benefit under it indirectly is not put to his election.

Correct answer: A

Until the executor assents, the legatee has no title; the executor's sale of the subject of a specific bequest before assent is valid (Indian Succession Act provisions on executor's assent, Section 332 r/w 333).

Correct answer: D

Section 31 of the Specific Relief Act, 1963 permits cancellation where the instrument is void/voidable against the plaintiff and there is reasonable apprehension of serious injury if left outstanding, the court considering it reasonable to cancel - all of the above.

Correct answer: B

Section 19 of the Specific Relief Act, 1963 - 'Relief against parties and persons claiming under them by subsequent title' - allows enforcement of specific performance against such persons.

Correct answer: D

Exceptions to the rule that a stranger to the agreement is not a necessary/proper party include novation, interest under prior contracts, and joinder to avoid multiplicity of proceedings - all of the above (Section 15/19 SRA framework).

Correct answer: A

Section 6 of the Specific Relief Act, 1963 protects settled possession: a person dispossessed without consent otherwise than by due course of law may recover possession even against the owner.

Correct answer: C

Section 5 of the Specific Relief Act, 1963 provides that a person entitled to possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure (i.e., on strength of title).

Correct answer: C

Under Section 8 of the Specific Relief Act, 1963 a non-owner in possession may be compelled to deliver movable property where it was wrongfully transferred from the plaintiff or is held by the defendant as agent/trustee - both (a) and (b).

Correct answer: D

Injunctions under the Specific Relief Act can protect intellectual property, restrain a husband from a second marriage, and prevent passing-off - all of the above (Sections 36-42).

Correct answer: A

Section 18 of the Specific Relief Act, 1963 - 'Non-enforcement except with variation' - deals with specific performance subject to a variation set up by the defendant.

Correct answer: A

Under Section 39 of the Specific Relief Act, 1963 a mandatory injunction requires a breach of an obligation - i.e., a legal obligation - which the court must compel performance of.

Correct answer: B

Section 32 of the Specific Relief Act, 1963 provides that where an instrument evidences different rights or obligations, the court may cancel it in part and let it stand for the residue.