Odisha Judiciary — Prelims 2017

Correct answer: C

The Indian Constitution is described as quasi-federal (federal in form, unitary in spirit) per the Supreme Court in State of West Bengal v. Union of India and the classic K.C. Wheare characterisation.

Correct answer: A

The words 'Socialist' and 'Secular' were inserted into the Preamble by the Constitution (42nd Amendment) Act, 1976.

Correct answer: C

Article 16 guarantees equality of opportunity in matters of public employment.

Correct answer: C

Under Article 123, the President promulgates Ordinances having the force of law when Parliament is not in session.

Correct answer: A

S.R. Bommai v. Union of India (1994) held a State Government cannot be dismissed merely because the ruling party lost the Lok Sabha election; Article 356 is subject to judicial review.

Correct answer: C

Centre-State and inter-State disputes are decided under the Supreme Court's original jurisdiction under Article 131.

Correct answer: D

Golak Nath, Bank Nationalization (R.C. Cooper) and Minerva Mills all involved the Supreme Court exercising judicial review, so 'All of the above' is correct.

Correct answer: A

Romesh Thappar v. State of Madras, popularly the 'Cross Roads' case (1950), was the first to consider the scope of Article 19(1)(a) freedom of speech.

Correct answer: B

M.H. Hoskot v. State of Maharashtra (1978) held that the right to free legal aid is a fundamental right under Article 21.

Correct answer: A

Article 243D provides reservation of seats for Scheduled Castes and Scheduled Tribes in every Panchayat.

Correct answer: C

'Mesne profits' is defined in Section 2(12) of the Code of Civil Procedure, 1908.

Correct answer: B

Section 7 of the CPC deals with pecuniary jurisdiction (Provincial Small Cause Courts); it is the recognised provision addressing pecuniary jurisdiction among the listed options.

Correct answer: D

The principle of res judicata under Section 11 CPC applies to suits as well as execution proceedings (Explanation VII to Section 11).

Correct answer: B

Section 10 of the CPC deals with stay of suits (res sub judice).

Correct answer: A

Under Section 16 CPC, a suit for partition of immovable property must be instituted where the property is situated.

Correct answer: D

Order VII Rule 11 of the CPC deals with rejection of plaint.

Correct answer: A

Order V of the CPC deals with issue and service of summons.

Correct answer: A

Under Order VIII Rule 10 CPC, where a defendant fails to file a written statement within the permitted time, the court may pronounce judgment; doing so is legal.

Correct answer: B

Under Order IX Rule 13 CPC, an application to set aside an ex parte decree is filed before the court which passed the decree.

Correct answer: A

Under the proviso to Order IX Rule 13 CPC, where the decree is of such a nature that it cannot be set aside against the non-served defendants (C and D) without affecting B, the decree against all may be set aside.

Correct answer: B

Under Section 57 CrPC (and Article 22(2) of the Constitution), an arrested person cannot be detained beyond 24 hours without being produced before a magistrate (excluding journey time).

Correct answer: C

Sections 41A, 41B, 41C and 41D were inserted into the CrPC by the Code of Criminal Procedure (Amendment) Act, 2008 (Act 5 of 2009).

Correct answer: B

Joginder Kumar v. State of U.P. (1994) held that no arrest should be made merely because it is lawful; the existence of the power to arrest is distinct from the justification for its exercise.

Correct answer: A

Under the Explanation/proviso to Section 2(d) CrPC, a report by a police officer in a case disclosing a non-cognizable offence (the situation under Section 195(1)(a)) is deemed to be a complaint, and the officer the complainant.

Correct answer: B

A non-cognizable offence is one in which a police officer has no authority to arrest without a warrant (Section 2(l) CrPC).

Correct answer: A

Under Section 205/273 CrPC a magistrate may dispense with personal attendance and permit appearance through a pleader/power of attorney holder; the order is legal.

Correct answer: A

Section 20 CrPC empowers the State Government to appoint Executive Magistrates in every district and metropolitan area.

Correct answer: A

Section 133 CrPC provides for a conditional order for removal of nuisance by a District/Sub-Divisional/Executive Magistrate.

Correct answer: B

Chapter XI CrPC (Sections 129-148) deals with maintenance of public order and tranquillity (unlawful assemblies, public nuisances, disputes as to immovable property).

Correct answer: B

The proviso to Section 157(1) added by the CrPC (Amendment) Act 2008 (Act 5 of 2009) concerns the offence of rape, requiring the victim's statement be recorded at her residence/place of choice, as far as practicable by a woman officer.

Correct answer: B

Sections 17-31 of the Indian Evidence Act, 1872 deal with the relevancy of admissions (17-23) and confessions (24-31).

Correct answer: A

Motive becomes insignificant/loses importance where there is direct (eye-witness) evidence; it assumes importance only in cases resting on circumstantial evidence.

Correct answer: D

Per Section 17 (as amended) an admission may be oral or documentary or contained in electronic form.

Correct answer: B

A confession under Sections 24-30 of the Evidence Act must be made by a person who is an accused; the statement is a confession only when made by the accused.

Correct answer: C

In Kalawati v. State of H.P. (AIR 1953 SC 131) the Supreme Court held a retracted confession can be used against the accused and does not violate Article 20(3).

Correct answer: C

Under Section 30 of the Evidence Act, when persons are jointly tried for the same offence and one confesses implicating himself and a co-accused, the court may take it into consideration against both A and B.

Correct answer: A

Section 114A (presumption of absence of consent in custodial rape) was inserted by the Criminal Law (Amendment) Act 1983 following protests over the Mathura rape case (Tukaram v. State of Maharashtra).

Correct answer: C

Section 137 of the Evidence Act: examination of a witness by the party who calls him is the examination-in-chief.

Correct answer: A

Section 40-43 (esp. Section 40) of the Evidence Act: a previous judgment is relevant to support the plea of res judicata, barring a second suit.

Correct answer: C

Section 61 of the Evidence Act: contents of documents may be proved either by primary or by secondary evidence.

Correct answer: B

There being no legal duty to act, mere omission to save a stranger drowning child is not an offence; A incurs no criminal liability under the IPC.

Correct answer: C

The maxim is volenti non fit injuria — to one who consents no injury is done; reflected in Sections 87-90 IPC (consent).

Correct answer: C

Section 97 IPC confers the right of private defence of the body and of property.

Correct answer: A

Under Section 109/115 IPC, A who instigated B and the act (stabbing) was committed in pursuance is guilty of abetment of murder; D's recovery does not absolve A of the instigation that was acted upon.

Correct answer: A

Section 186 IPC punishes voluntarily obstructing a public servant in the discharge of his public functions.

Correct answer: B

Section 201 IPC: causing disappearance of evidence of an offence or screening the offender from punishment.

Correct answer: A

On facts of Juggankhan and Poonam Verma type cases, a homoeopath prescribing allopathic medicine causing death is liable for death by a rash/negligent act (Section 304A IPC), not murder or culpable homicide.

Correct answer: C

Criminal breach of trust is defined in Section 405 IPC; Section 406 prescribes punishment.

Correct answer: A

In Reema Aggarwal v. Anupam (2004) 3 SCC 199 the Supreme Court held a legal/valid marriage is not a necessary ingredient to attract Section 498A IPC.

Correct answer: A

Per Illustration (b) to Section 511 IPC, A thrusting his hand into an empty pocket is guilty of attempt under Section 511 even though completion was impossible (factual impossibility).

Correct answer: C

Section 4 of the Limitation Act, 1963 provides that where the prescribed period expires on a day when the court is closed, the suit/appeal/application may be instituted on the day the court reopens.

Correct answer: D

An order on a time-barred application is not per se 'illegal' or 'without jurisdiction' (the court has jurisdiction to decide limitation under Sec.3); the best fit among these flawed options is 'None of the above'. Flagged as the intended key is debatable.

Correct answer: B

A suit for recovery of possession from a deemed trustee of wakf property is governed by the ordinary Limitation Act; limitation is applicable (trusteeship of wakf does not give perpetual immunity from limitation).

Correct answer: D

Article 136 of the Schedule to the Limitation Act, 1963 prescribes 12 years for execution of any decree (other than a mandatory injunction) or order of a civil court, from when the decree becomes enforceable.

Correct answer: A

Once the conditions of Section 14 (bona fide prosecution in a court lacking jurisdiction etc.) are satisfied, exclusion of that time is mandatory — the court must exclude it; it is not discretionary.

Correct answer: A

Section 21 of the Limitation Act, 1963 deals with the effect of substituting or adding a new plaintiff or defendant; the suit is deemed instituted against him when he is so made a party.

Correct answer: A

Under Article 24/72 scheme of the Limitation Act, for an act not actionable without special damage, time runs from when the injury (special damage) actually results, not from the date of the act.

Correct answer: D

Section 14 confers no exclusive jurisdiction on any particular court; the exclusion is available before any court computing limitation, so 'None of the above' is correct.

Correct answer: C

Article 88 of the Schedule to the Limitation Act, 1963 prescribes 3 years for a suit for compensation for infringing copyright or any other exclusive privilege, from the date of infringement.

Correct answer: B

Article 123 of the Schedule to the Limitation Act, 1963 prescribes 30 days to set aside an ex parte decree or to rehear an appeal heard ex parte, from the date of the decree.

Correct answer: A

Section 20 of the Transfer of Property Act, 1882 deals with when an unborn person acquires a vested interest on a transfer for his benefit.

Correct answer: A

Per Section 3 of the Transfer of Property Act, 1882, an 'actionable claim' means a claim to any debt (other than one secured by mortgage/pledge) or to any beneficial interest in movable property not in possession of the claimant.

Correct answer: A

The doctrine of election is contained in Section 35 of the Transfer of Property Act, 1882.

Correct answer: B

'Transfer of property' is defined in Section 5 of the Transfer of Property Act, 1882 as an act by which a living person conveys property to one or more other living persons, or to himself.

Correct answer: D

A mortgage by deposit of title deeds (equitable/English 'memorandum' mortgage) under Section 58(f) does not require registration, unlike simple, English, etc. mortgages which need a registered instrument.

Correct answer: A

A clog on the equity of redemption is void; the right to redeem under Section 60 cannot be fettered (once a mortgage always a mortgage).

Correct answer: A

Under Section 106 of the Transfer of Property Act, a lease of immovable property (other than for agricultural/manufacturing purposes, i.e. month-to-month) is terminable by 15 days' notice.

Correct answer: C

A puisne mortgagee is a subsequent (later-in-time) mortgagee of the same property, ranking after the prior mortgagee.

Correct answer: B

Under Section 105 of the Transfer of Property Act, a lease transfers a right to enjoy the immovable property for a term in consideration of rent/premium; it is not a transfer of ownership interest.

Correct answer: C

Section 53 of the Transfer of Property Act deals with fraudulent transfer — a transfer made with intent to defeat or delay creditors is voidable at their option.

Correct answer: A

The rule in Pinnel's Case (1602) holds that payment of a lesser sum is not satisfaction of a larger debt — it concerns part-payment/part performance of an obligation (accord and satisfaction / consideration).

Correct answer: C

An offer addressed to the public at large is a general offer (e.g. Carlill v. Carbolic Smoke Ball Co.); it can be accepted by anyone fulfilling its terms.

Correct answer: C

Under Sections 4–5 of the Indian Contract Act, an acceptance may be revoked before the communication of acceptance is complete against the proposer, i.e. before its contents come to the knowledge of X; revocation here is complete when the telegram's contents reach X.

Correct answer: C

A threat to commit suicide is 'coercion' within Section 15 of the Indian Contract Act (Ammiraju v. Seshamma); the deed was obtained by coercion and is voidable.

Correct answer: C

Under Section 30 of the Indian Contract Act, wagering agreements are void, but collateral transactions remain valid (a wager being void, not illegal).

Correct answer: C

Destruction of the subject-matter (cinema hall) before performance makes the contract impossible to perform and void under Section 56 of the Indian Contract Act (doctrine of frustration / supervening impossibility).

Correct answer: A

Acceptance of a lesser sum in full discharge of the whole debt is remission of performance under Section 63 of the Indian Contract Act, 1872.

Correct answer: D

Under English law, every contract of insurance except life insurance is a contract of indemnity, since the insured is indemnified only to the extent of actual loss.

Correct answer: C

Carlill v. Carbolic Smoke Ball Co. (1893) is the leading authority on a general offer made to the public at large, which can be accepted by anyone fulfilling its conditions.

Correct answer: B

Consensus ad idem means the parties have agreed upon the same thing in the same sense; it is the essence of a valid agreement under Section 13 of the Indian Contract Act.

Correct answer: B

Under Section 11 of the Hindu Succession Act, 1956, the property is divided equally among the Class II heirs who take simultaneously in the same entry.

Correct answer: D

None of the listed relations (brother's son, sister's son, brother's daughter) is a Class I heir under the Schedule to the Hindu Succession Act, 1956.

Correct answer: A

Coparcenary is a creature of Hindu law; it cannot be created by agreement or act of parties, as held in numerous decisions (e.g. on Mitakshara coparcenary).

Correct answer: B

Under Section 3(g) of the Hindu Succession Act, 1956, a person who dies without making a testamentary disposition is said to die intestate.

Correct answer: D

Section 15 of the Hindu Succession Act, 1956 lays down the general rules of succession in the case of female Hindus.

Correct answer: B

Section 24 (now omitted by the 2005 Amendment) and Section 14 make the widow a full owner; re-marriage does not divest property already vested in her, so the answer is No.

Correct answer: B

A coparcener shares with others in the inheritance of the estate of a common ancestor under Mitakshara law.

Correct answer: A

Section 14(1) of the Hindu Succession Act, 1956 converts a female Hindu's limited estate into absolute ownership; she holds property as a full owner, not a limited owner.

Correct answer: C

Codicil is defined in Section 2(b) of the Indian Succession Act, 1925.

Correct answer: B

Under Section 61 of the Indian Succession Act, 1925, a will or part of a will obtained by fraud, coercion or importunity is void.

Correct answer: B

Specific performance under Section 10 (as it stood in 2017, pre-2018 amendment) is a discretionary remedy granted at the discretion of the court (Section 20).

Correct answer: B

Article 54 of the Limitation Act, 1963 prescribes a 3-year limitation period for a suit for specific performance, from the date fixed for performance or when the plaintiff has notice of refusal.

Correct answer: A

Section 12 of the Specific Relief Act, 1963 deals with specific performance of part of a contract.

Correct answer: A

In Prakash Chandra v. Angadlal (AIR 1979 SC 1241), the Supreme Court held that specific performance is the ordinary rule but should be refused where damages would constitute an adequate relief.

Correct answer: A

Under Section 75 of the Indian Contract Act / Section 30 of the Specific Relief Act, a party rightfully rescinding a contract can recover compensation (damages) for any loss sustained through non-fulfilment.

Correct answer: C

Under Section 21 of the Specific Relief Act, 1963, in a suit for specific performance the plaintiff may claim compensation for breach either in addition to or in substitution of such performance.

Correct answer: D

Section 35 of the Specific Relief Act, 1963 makes a declaration binding on the parties, persons claiming through them, and (where parties are trustees) the persons for whom they would be trustees — all of the above.

Correct answer: C

Perpetual injunction is defined in Section 37(2) and granted under Section 38 of the Specific Relief Act, 1963.

Correct answer: C

A suit for rectification of an instrument is governed by Article 59 of the Limitation Act, 1963, prescribing three years from the date the facts entitling the plaintiff become known — i.e. within three years of execution/discovery.

Correct answer: D

Under Section 14 of the Specific Relief Act, 1963 (pre-2018), all of these — contracts where damages are adequate, those requiring minute/numerous details, and determinable contracts — cannot be specifically enforced.