Odisha Judiciary — Prelims 2015

Correct answer: C

Article 19 of the Constitution guarantees protection of certain rights regarding freedom of speech, assembly, association, movement, residence and profession to citizens.

Correct answer: C

Article 75 deals with the appointment of the Prime Minister and other Ministers; the PM is appointed by the President under Article 75(1).

Correct answer: D

Under Article 55, the President is elected indirectly by an electoral college through the system of proportional representation by means of single transferable vote, so the method is indirect and proportional representation (both A and C).

Correct answer: A

Article 61 lays down the procedure for impeachment of the President for violation of the Constitution.

Correct answer: A

Sikkim was made an 'associate state' by the Constitution (35th Amendment) Act, 1974 (Article 2A); full statehood came via the 36th Amendment, 1975. None of the printed options correctly state '35th Amendment, 1974' — options appear OCR/corrupted; best available guess is the '36th Amendment Act, 1975' style but year/number do not match the correct law.

Correct answer: D

Article 17 abolishes untouchability and forbids its practice in any form.

Correct answer: B

Under Article 348(1), all proceedings in the Supreme Court and every High Court shall be in English.

Correct answer: B

Article 1 declares that India, that is Bharat, shall be a Union of States.

Correct answer: B

Part II of the Constitution (Articles 5 to 11) deals with Citizenship.

Correct answer: A

Article 14 guarantees the right to equality (equality before law and equal protection of laws).

Correct answer: A

Section 5 CPC deals with the application of the Code to Revenue Courts.

Correct answer: A

Section 31 CPC provides that the provisions relating to summoning, attendance and examination of witnesses apply to summons to give evidence/produce documents.

Correct answer: A

Order VII Rule 1 CPC specifies the particulars to be contained in a plaint.

Correct answer: D

Order II Rule 8 (O2 R8) CPC empowers the court to order separate trials where joinder of causes of action may embarrass or delay the trial.

Correct answer: C

Section 21 CPC deals with objections to jurisdiction (place of suing), requiring them to be raised at the earliest opportunity.

Correct answer: B

Section 86 CPC deals with suits against foreign Rulers, Ambassadors and Envoys (requiring consent of the Central Government).

Correct answer: A

Section 37 CPC defines the expression 'Court which passed a decree' for purposes of execution.

Correct answer: D

Section 100 CPC governs second appeals (only on a substantial question of law); the 'no other grounds' bar flows from Section 100.

Correct answer: B

Section 35A CPC provides for compensatory costs in respect of false or vexatious claims or defences.

Correct answer: C

A bill of lading is a document of title signed by the master/captain of the ship (carrier) acknowledging receipt of goods for carriage.

Correct answer: B

Intention in law is the purpose or design with which an act is done.

Correct answer: A

In the Section 320(1) CrPC table of compoundable offences, criminal intimidation is listed as the offence under Section 506 IPC (compoundable by the person intimidated).

Correct answer: A

Anticipatory bail under Section 438 CrPC is a direction for release on bail in anticipation of arrest.

Correct answer: A

First Information (FIR) under Section 154 CrPC is the information relating to a cognizable offence as first recorded by the officer in charge of a police station.

Correct answer: C

Cognizance by a Magistrate is governed by Section 190 CrPC; none of the printed options (343/287/388/458) match Section 190, so the option set appears corrupted. Best available guess marked.

Correct answer: B

Garbled stem ('Procedure when not convicted'). In summons-case trial, s.256 CrPC governs acquittal where the complainant is absent/dead (i.e., disposal without conviction); best fit among the options.

Correct answer: C

Where a civil suit on the same matter is pending, a Magistrate is not barred from exercising jurisdiction in proceedings under Sections 145 and 146 CrPC (dispute as to immovable property; attachment).

Correct answer: A

Section 151 CrPC permits a preventive arrest only when a police officer knows of a design to commit a cognizable offence and arrest appears the only way to prevent it.

Correct answer: A

The amendments to Sections 2, 24 and 26 CrPC made by the Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009) were brought into force on 31.12.2009.

Correct answer: A

In Ahmed Noormohmed Bhatti v. State of Gujarat (2005), the Supreme Court upheld s.151 CrPC, holding it is not arbitrary/unreasonable and does not infringe Articles 21 and 22; option (a) is the correct statement.

Correct answer: D

Section 1 of the Indian Evidence Act excludes affidavits and proceedings before an arbitrator (and the Act does not strictly govern contempt proceedings); all listed are outside its scope.

Correct answer: C

An accomplice is a guilty associate in crime who participates either as a principal (perpetrator) or as an accessory; both forms are covered.

Correct answer: D

Where a document is lost or destroyed, secondary evidence is admissible under s.65(c). Clauses (e) (public document) and (f) (certified copy permitted) deal with other situations and are not attracted.

Correct answer: A

Act No. 1 of 1872; the date printed in the Act's preamble is the 15th March, 1872. Among the offered options (a) is correct.

Correct answer: C

The proviso to Section 68 (dispensing with attesting witness for registered documents other than wills) was inserted by the Indian Evidence (Amendment) Act, 1926 (Act 31 of 1926).

Correct answer: B

Under Section 71 (when attesting witness denies/does not recollect execution), proof of execution may be given by other evidence; it is not necessary that the attesting witnesses identify each other.

Correct answer: C

Section 73 (comparison of signature, writing or seal; court may direct a person to write) operates only when a proceeding is pending before the court.

Correct answer: D

Satisfaction means the fulfilment of a desire.

Correct answer: C

To be 'acquitted' is to be released/discharged from a debt, duty, obligation, charge or suspicion of guilt.

Correct answer: A

Section 44 allows attacking a prior judgment for fraud, collusion or want of jurisdiction; its principle cannot be extended to grounds of misrepresentation or undue influence.

Correct answer: C

Knowingly stating on oath before a public servant as true that which is false is punishable under Section 181 IPC.

Correct answer: B

A public servant disobeying a direction of law with intent to save a person from punishment or property from forfeiture is dealt with under Section 217 IPC.

Correct answer: D

Escape from confinement negligently suffered by a public servant is dealt with under Section 223 IPC.

Correct answer: A

Absconding to avoid service of a summons, notice or order from a public servant is dealt with under Section 172 IPC.

Correct answer: A

Attempt to commit robbery or dacoity when armed with a deadly weapon is dealt with under Section 398 IPC.

Correct answer: A

Death caused by an act done with intent to cause miscarriage is dealt with under Section 314 IPC.

Correct answer: D

Attempt to commit suicide is dealt with under Section 309 IPC.

Correct answer: A

Abetment of suicide is dealt with under Section 306 IPC.

Correct answer: D

Threatening any person to give false evidence is an offence under Section 195A IPC.

Correct answer: D

Under Section 107 IPC, abetment is by instigation, by engaging in conspiracy, or by intentional aiding. 'Enticement' is not a listed ingredient.

Correct answer: B

Section 16(3) of the Limitation Act, 1963 provides that the postponement/relief provisions of Section 16(1) (suits/applications by or against a person dead at the time the right accrues) do not apply to suits to enforce rights of pre-emption or for possession of immovable property or of a hereditary office.

Correct answer: A

Article 43 of the Schedule to the Limitation Act, 1963 (suit by a principal against his agent for moveable property received and not accounted for, etc.) prescribes a limitation period of three years.

Correct answer: C

Article 124 of the Schedule to the Limitation Act, 1963 governs an application for review of judgment by a court other than the Supreme Court, with a 30-day limitation period.

Correct answer: B

Article 91 of the Schedule to the Limitation Act, 1963 governs a suit for compensation for wrongfully taking or detaining (or for loss/injury to) specific movable property, with a three-year period.

Correct answer: B

Section 12 of the Limitation Act, 1963 deals with exclusion of time in legal proceedings (time of the day on which proceedings start, time for obtaining copy of decree/judgment, etc.).

Correct answer: C

The doctrine of limitation rests on considerations of public policy and expediency — interest reipublicae ut sit finis litium and vigilantibus non dormientibus jura subveniunt — so both (A) and (B).

Correct answer: D

The Limitation Act does not in terms apply to proceedings under Article 32 (Supreme Court) or Article 226 (High Court) of the Constitution; writ jurisdiction is governed by laches, not the Act. The framing gives Article 32 in (A) and (C) is Article 226, so 'Either (A) or (B)' captures the writ articles among the options.

Correct answer: D

Section 2(a) of the Limitation Act, 1963 defines 'applicant' to include a petitioner, any person from or through whom an applicant derives his right to apply, and any person whose estate is represented by the applicant as executor, administrator or other representative — all of these.

Correct answer: A

Section 2(b) of the Limitation Act, 1963 defines 'application' to include a petition.

Correct answer: C

Section 2(c) of the Limitation Act, 1963 defines 'bill of exchange' to include a hundi and a cheque. As only one of these appears among options, the answer is Hundi (cheque is also included, but option d 'Both (A) and (B)' pairs cheque with 'condition', which is wrong).

Correct answer: A

For patent defects (those discoverable on ordinary inspection) the maxim caveat emptor — let the buyer beware — applies; there is no duty on the seller to disclose patent defects under Section 55, TPA. Uberrimae fidei applies to latent defects.

Correct answer: A

Section 6, TPA permits transfer of the right to future mesne profits; a mere right to sue for past mesne profits (b) is non-transferable, transfer to a prostitute for future cohabitation (c) is for unlawful object, and a sub-lease of opium farm for retail sale (d) is impermissible. Hence (a).

Correct answer: A

The rule against perpetuities (English law / Section 14 TPA) concerns future interests — it restricts the creation of interests that vest beyond the perpetuity period — and not interests in praesenti.

Correct answer: C

Under Section 6(c), TPA an easement cannot be transferred apart from the dominant heritage; it is appurtenant to and passes with the dominant tenement.

Correct answer: B

A servant occupying his master's premises for the more convenient performance of service occupies as a licensee, not as a tenant (established Indian rulings under the Easements Act).

Correct answer: B

Per Supreme Court rulings, a renewal of lease creates a fresh/new lease for the further term, not a mere continuation of the old lease.

Correct answer: B

In India a lease executed by a minor is void, since a minor is incompetent to contract under Section 11 of the Contract Act (Mohori Bibee), unlike English law where a minor may hold a legal estate.

Correct answer: C

Under Section 52 of the Indian Easements Act, 1882 a licence may be granted expressly or impliedly.

Correct answer: C

Subrogation under Section 92, TPA may be legal (statutory, e.g. by a person who redeems the mortgage) or conventional (by agreement on advancing money to redeem) — hence either (A) or (B).

Correct answer: C

By virtue of Section 18 read with Section 2(d), the rule against perpetuity in Section 14 TPA applies to both movable and immovable property (the Act's transfer provisions extend to movables save where excepted).

Correct answer: B

A contract of tenancy is one and indivisible and cannot be split up by the act of parties or a court; it can be split only by operation of law (e.g. devolution/succession).

Correct answer: A

Under Section 127, TPA, where separate/independent gifts of distinct units are made one each to D, E and F, the donee may accept or refuse independently; on E refusing his unit, that one unit reverts (defaults back) to the donor B, while D and F keep theirs.

Correct answer: A

Under Section 3, TPA an 'actionable claim' includes a claim to beneficial interest in movable property not in the claimant's possession and recoverable by suit; a right to recover cows not in one's possession is therefore an actionable claim.

Correct answer: C

Under Section 100, TPA a charge may be created either by act of parties or by operation of law.

Correct answer: C

Per Illustration to Section 56 of the Indian Contract Act, A and B contract to marry; A becoming mad before the fixed time renders the contract void by supervening impossibility.

Correct answer: D

Section 126 ICA: a contract of guarantee involves three parties — the creditor, the surety, and the principal debtor.

Correct answer: A

Returning a found purse is a moral/voluntary act; a bare promise to pay Rs.50 for it is without consideration and not a contract (Section 25, ICA illustration (a) — 'this is not a contract').

Correct answer: A

A promise without consideration is a void agreement under Section 25 ICA; the bare promise to give Rs.1,000 for nothing is void (illustration (a)).

Correct answer: B

Section 25 illustration (b) ICA: A already voluntarily supports B's infant son; B's promise to pay is enforceable because it relates to a thing A was legally bound to do — 'this is a contract'.

Correct answer: B

Section 25(1) ICA: a promise made in writing, registered, on account of natural love and affection between parties standing in a near relation is a valid contract — illustration (b).

Correct answer: D

Section 43 ICA: joint promisors are jointly and severally liable, so D may compel any one of A, B or C to pay the whole Rs.3,000 — 'all of these'.

Correct answer: A

Section 220 ICA: an agent guilty of misconduct in the business of agency is not entitled to remuneration for that part of the business.

Correct answer: C

Section 43 ICA expressly provides that any one of joint promisors may be compelled to perform the whole promise.

Correct answer: D

Section 165 ICA deals with bailment by several joint owners — the bailee may deliver goods to one joint owner without consent of all, absent a contrary agreement.

Correct answer: D

Section 38 of the Specific Relief Act, 1963 deals with the grant of perpetual injunction.

Correct answer: C

A decree of specific performance is executed in the manner prescribed in Order 21 Rule 32 of the Code of CIVIL Procedure (not Criminal Procedure); option (c) misstates the Code and is therefore the false statement.

Correct answer: D

Section 16(c) SRA bars relief where the plaintiff fails to prove readiness and willingness; incapacity to perform, violation of an essential term, and acting in fraud/variance with the contract all disqualify — 'all of these'.

Correct answer: A

Section 15(a) SRA is the relevant exception, but among the options the recognised exception to privity (a party to a contract suing) is captured by Section 13 clause (a) as listed; best-fit answer is (a).

Correct answer: D

Section 14 SRA bars specific performance of contracts requiring constant supervision; building contracts, contracts to keep a building in repair, and large transportation-on-consortium contracts all fail for difficulty of supervision — 'all of these'.

Correct answer: C

Under Section 5/6 SRA a suit for recovery of possession may be maintained by the owner by title and also by a person entitled to possession though not in actual possession — 'both (a) and (b)'.

Correct answer: A

The principle that specific performance lies where the subject has a special value to the plaintiff (not adequately compensable in damages) is drawn from American/U.S. decisions — 'special value to plaintiff'.

Correct answer: D

The principle of mutuality under specific relief admits exceptions in conditional contracts, unilateral contracts and contracts involving uncertainty — 'all of these'.

Correct answer: A

Mere escalation in price is no defence to specific performance, whereas dismissal of an earlier suit for specific performance can operate as res judicata; only escalation 'cannot be a defence'.

Correct answer: B

Section 14(2) Hindu Succession Act covers property given with a RESTRICTED/limited estate; where a will gives the wife only limited rights, sub-section (2) applies and is not enlarged into absolute ownership.

Correct answer: A

After the Hindu Succession (Amendment) Act, 2005 a daughter is a coparcener by birth and a woman can now act as Karta of the Joint Hindu Family.

Correct answer: B

Section 14(1) HSA enlarges a widow's estate into absolute ownership only if she possessed the property on/after commencement (1956). Having already sold to X before 1956, W was not 'possessed' at commencement, so neither X nor W gets full ownership by virtue of Section 14.

Correct answer: A

A female Hindu who inherits property as sole heir after commencement of the Act holds it absolutely; under Section 14(1) the widow inherits an absolute estate.

Correct answer: C

Section 26 HSA: convert's descendants are disqualified from inheriting from Hindu relatives only if they were born to the convert AFTER conversion (and are non-Hindus at the time of succession); the convert himself is not disqualified — disqualification applies only to children born after conversion.

Correct answer: D

An order under Section 22 (preferential right to acquire property) HSA is appealable/correctable; the further remedy available is revision under Section 115 of the Code of Civil Procedure.

Correct answer: C

For the purposes of Section 14(2) HSA, 'civil court' has been read to include the Deputy Commissioner and the Deputy Commissioner acting as a Revenue Court — 'both (a) and (b)'.