Odisha Judiciary — Prelims 2019

Correct answer: B

G. Bhavani Singh was the Special Public Prosecutor in Jayalalithaa's disproportionate assets case (the 2014 trial-court conviction sentencing her to four years), though the Supreme Court later held his appointment for the appeal stage bad in law.

Correct answer: A

True. The Government of India Act, 1935 was the longest enactment of its time, comprising 321 Sections and 10 Schedules.

Correct answer: A

The Preamble has been amended only once, by the 42nd Amendment Act, 1976, which added the words 'Socialist', 'Secular' and 'Integrity'.

Correct answer: A

The first session of the Constituent Assembly was held on 9 December 1946 in the Constitution Hall (now the Central Hall of Parliament) at Delhi.

Correct answer: B

Article 26 guarantees freedom to manage religious affairs; the question's 'marriage' appears to be an OCR error for 'manage'. Article 25 covers individual freedom of conscience, while Article 26 deals with the freedom of religious denominations to manage their religious affairs.

Correct answer: D

Article 24 prohibits employment of children below 14 years in factories, mines or hazardous work, directly addressing exploitation of children.

Correct answer: D

The 24th Amendment Act, 1971 amended both Article 13 and Article 368 to nullify the effect of Golak Nath (1967), affirming Parliament's power to amend any part of the Constitution including Fundamental Rights.

Correct answer: D

The Ninth Schedule was introduced by the First Amendment, 1951 originally containing 13 entries/items; none of the given options (8/9/10/12) is 13, so the question/options appear defective. Best available choice marked as 12 (closest), but this is a flagged mismatch.

Correct answer: A

Sunil Batra v. Delhi Administration (1978) upheld the right against solitary confinement, holding it permissible only in extreme cases consistent with Article 21.

Correct answer: A

Yes. Judicial review is part of the basic structure of the Constitution, as held in Kesavananda Bharati, Minerva Mills and L. Chandra Kumar.

Correct answer: D

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

Correct answer: A

Where there is inconsistency between the Sections (the body) and the Rules (the Schedule) of the CPC, the Sections prevail, as the Rules cannot override the substantive provisions of the Code.

Correct answer: C

The body of the CPC (the Sections) can be amended only by Parliament; the Rules in the First Schedule can be amended by the High Courts under Sections 122-125.

Correct answer: A

A civil proceeding instituted by presentation of a plaint is called a 'suit' (Section 26, Order IV CPC).

Correct answer: A

Yes. A civil court may pass more than one order in a suit; numerous interlocutory and procedural orders can be made during the pendency of a suit.

Correct answer: B

The first uniform Code of Civil Procedure was the Code of 1859 (assented 23 March 1859), the first to apply to the whole country; it was later replaced by the 1877, 1882 and finally the 1908 Code.

Correct answer: A

The substantive part of the CPC is contained in the Sections (the body), while the procedural detail/machinery is in the Orders and Rules of the First Schedule.

Correct answer: A

Yes. Under Order XX Rule 6 and Section 35 CPC, the judgment/decree must state the amount of costs incurred and by/to whom they are payable.

Correct answer: A

Yes. Under Section 75 and Order XXVI CPC, the court may issue a commission to examine any person, including one confined in prison.

Correct answer: A

Yes. Under Order XX Rule 5 CPC, the court must state its decision on each separate issue in the suit unless the finding on any one is sufficient to dispose of the whole suit.

Correct answer: B

Section 2(g) of the CrPC, 1973 defines 'inquiry' as every inquiry, other than a trial, conducted under the Code by a Magistrate or Court.

Correct answer: B

In a warrant case instituted on a police report, the trial begins when the charge is framed (Section 240 CrPC).

Correct answer: C

An illegality or irregularity in investigation does not vitiate the trial unless it has caused a miscarriage of justice (H.N. Rishbud v. State of Delhi, AIR 1955 SC 196).

Correct answer: C

Under Section 54A CrPC, a test identification/identification of an arrested person may be ordered by the Court on the request of the officer in charge of a police station.

Correct answer: B

Under Section 62 CrPC, every summons shall be served by a police officer or, subject to rules made by the State Government, by an officer of the court issuing it or other public servant. The single best classical answer is the police officer.

Correct answer: D

Under Section 73 CrPC, a warrant of arrest may be directed to any person for arrest of an escaped convict, a proclaimed offender, or a person accused of a non-bailable offence who is evading arrest — hence all of them.

Correct answer: A

Under Section 200 CrPC and the general scheme of inquiry, a Magistrate conducting an inquiry examines witnesses on oath; evidence of witnesses can be taken on oath. Answer: Yes.

Correct answer: C

Section 216(1) CrPC: any court may alter or add to any charge at any time before judgment is pronounced.

Correct answer: D

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

Correct answer: A

A witness may refuse to sign the deposition unless it is read over to him; the deposition must be read over and, where necessary, interpreted (Sections 275/278 CrPC). Answer: Yes.

Correct answer: A

Direct evidence is testimony of a witness who perceived the fact in issue directly — i.e., 'testimony'. Circumstantial evidence is inferential, not testimony of the fact itself.

Correct answer: D

The Indian Evidence Act, 1872 was drafted by Sir James Fitzjames Stephen (J.F. Stephen).

Correct answer: C

The Evidence Act deals with relevancy and admissibility of evidence but does not deal with the weight/sufficiency of evidence, which is left to judicial appreciation.

Correct answer: B

'Relevant' derives from Latin 'relevare', meaning to bear upon or be legally pertinent to the matter in hand (Stephen's formulation in Sec. 3 Evidence Act).

Correct answer: D

Under Sections 74-76 Evidence Act, public documents are acts/records of public/official bodies. A plaint or written statement in a private suit is a private document, not a public document.

Correct answer: B

Relevancy is determined by the provisions of the Evidence Act (Secs. 5-55); it is a question of law, whereas admissibility/proof can involve fact.

Correct answer: B

Res gestae (Section 6 Evidence Act) is the principal exception to the hearsay rule, admitting statements forming part of the same transaction.

Correct answer: C

Proof of a fact depends on the accuracy of statements and the probability of the fact having existed (definition of 'proved' in Sec. 3 Evidence Act).

Correct answer: C

Under Section 3 Evidence Act, where the court can neither say a fact is proved nor disproved, it is 'not proved'.

Correct answer: D

Falsus in uno, falsus in omnibus is neither a rule of law nor a rule of evidence in India; it is at most a rule of caution (Indian courts have consistently rejected it as a rule). Answer: None of these.

Correct answer: C

The maxim 'actus non facit reum nisi mens sit rea' is a doctrine of English Common law origin.

Correct answer: C

Mens rea and actus reus are the essential elements (sine qua non) of crime; motive is not essential to criminal liability.

Correct answer: D

Inchoate (incomplete/preliminary) offences include attempt, abetment and criminal conspiracy — all of these.

Correct answer: B

Section 29A IPC, defining 'electronic record', was inserted by the Information Technology Act, 2000.

Correct answer: B

Section 23 IPC: 'Wrongful loss' is loss by unlawful means of property to which the person losing it is legally entitled.

Correct answer: B

Section 29A IPC provides that 'electronic record' shall have the meaning assigned to it in the Information Technology Act, 2000.

Correct answer: C

Section 196(1) CrPC: cognizance of an offence under Section 153A IPC requires previous sanction of the Central Government or the State Government — either (A) or (B).

Correct answer: A

The burden/onus of proving the offence of criminal conspiracy lies on the prosecution (general rule, Sec. 101 Evidence Act; he who asserts must prove).

Correct answer: B

Section 53 IPC lists punishments: death, imprisonment for life, imprisonment (simple/rigorous), forfeiture of property, and fine. 'Imprisonment with hard labour' is not a listed category (rigorous imprisonment involves hard labour but is not described as a separate punishment).

Correct answer: B

The retributive theory of punishment embodies the principle of 'an eye for an eye, a tooth for a tooth'.

Correct answer: B

Section 2(f) of the Limitation Act, 1963 gives an inclusive definition of 'easement' (a right not arising from contract to remove/appropriate part of the soil or things growing on another's land).

Correct answer: A

'Period of limitation' is actually defined in Section 2(j) of the Limitation Act, 1963, which is NOT among the options (2(i), 2(f), 2(k), 2(c)). The intended/closest key is (a) 2(i); option set appears to use different sub-clause lettering. Flagged for option-text mismatch.

Correct answer: B

Under the Limitation Act, expiry of the limitation period bars the remedy but does not extinguish the right; the debt remains but becomes unenforceable in a court of law (except in the case of suits for possession of property where Section 27 extinguishes the right).

Correct answer: D

'Suit' under the Limitation Act, 1963 does NOT include an appeal or an application; therefore it includes neither (A) nor (B).

Correct answer: B

Limitation is a bar on the court's authority to entertain a time-barred proceeding; an order made on an application filed beyond the period of limitation (without condonation) is without jurisdiction.

Correct answer: B

A deemed trustee of waqf property is not an express trustee for whom Section 10 bars limitation; hence in a suit for recovery of possession against such a person, limitation is applicable.

Correct answer: B

Where a plaint is ordered to be returned for presentation to the proper court, limitation for the fresh presentation runs from the date of the order directing the return of the plaint.

Correct answer: A

Section 25 of the Limitation Act, 1963 deals with acquisition of easements by prescription (peaceable, open enjoyment as of right, without interruption, for 20 years; 30 years against Government).

Correct answer: C

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

Correct answer: C

Part IV of the Schedule to the Limitation Act, 1963 (suits relating to decrees and instruments, Articles 101-113) prescribes a general period of three years.

Correct answer: A

'Inter vivos' literally means 'between the living'; a transfer inter vivos is a transfer between living persons (as contemplated by the Transfer of Property Act, 1882).

Correct answer: C

Section 13 of the Transfer of Property Act, 1882 permits creation of an interest for the benefit of an unborn person (the prior life interest followed by the whole remaining interest vesting in the unborn person).

Correct answer: C

'Subrogation' derives from the Latin 'subrogare', meaning substitution; one person is substituted in place of another in respect of a right or claim (Section 92, TPA).

Correct answer: A

Section 82 of the Transfer of Property Act, 1882 deals with contribution to mortgage debt (rateable contribution by properties subject to a common mortgage).

Correct answer: C

The definition of 'actionable claim' was substituted/inserted into Section 3 of the Transfer of Property Act by the Amending Act 2 of 1900.

Correct answer: D

Under Section 130 of the TPA, transfer of an actionable claim is effected by a written instrument and is complete and effectual upon execution; notice to the debtor is not necessary to perfect the assignment as between transferor and transferee (it only affects priority/discharge).

Correct answer: C

The mortgagee's right to obtain a decree of foreclosure (or sale) arises when the mortgage money has become due/payable, i.e. on the mortgagor's failure to pay after it becomes payable (Section 67, TPA).

Correct answer: A

For the doctrine of lis pendens under Section 52, TPA, the pendency of a suit commences from the date of presentation of the plaint (institution of the suit) and continues until the final decree/order is satisfied.

Correct answer: A

The doctrine of holding out relates to transfer by an ostensible owner; a person who holds out another as the owner is estopped from denying the transferee's title (akin to Section 41, TPA).

Correct answer: A

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

Correct answer: A

The Indian Contract Act, 1872 is not exhaustive; it does not cover the whole field of contract law and many matters are left to general principles and judicial decisions. The statement is True.

Correct answer: C

Askari Mirza v. Bibi Jai Kishori relates to coercion: the Privy Council held that a mere threat to bring a criminal prosecution is not per se coercion under the Contract Act (it would be only if it amounted to a threat to file a false charge).

Correct answer: A

An agent has the right to compensation (for injury) and the right to retain/lien over the principal's goods, but he has no general 'right to sell' the principal's property; therefore the right to sell is not available to the agent.

Correct answer: B

Under Section 143 of the Indian Contract Act, 1872, a guarantee obtained by keeping silence as to material circumstances is invalid/void.

Correct answer: C

Remedies for breach of contract include damages, injunction, specific performance (and rescission/quantum meruit). A 'fine' is a criminal penalty and is not a remedy for breach of contract.

Correct answer: C

Quasi-contracts ('certain relations resembling those created by contract') are dealt with in Sections 68 to 72 of the Indian Contract Act, 1872 (Chapter V).

Correct answer: C

Promissory estoppel is often described as a substitute for consideration, enforcing a promise relied upon despite the absence of consideration.

Correct answer: D

Balfour v. Balfour (1919) established that domestic/social agreements between spouses lack the intention to create legal relations and are not enforceable contracts.

Correct answer: D

Section 201 of the Indian Contract Act lists all these modes of termination of agency: revocation by principal, renunciation by agent, and death or unsound mind of either.

Correct answer: D

Section 170 of the Indian Contract Act, 1872 deals with the bailee's particular lien (right to retain goods for services involving labour or skill).

Correct answer: A

Section 5 of the Hindu Succession Act, 1956 is titled 'Act not to apply to certain properties' and lists properties to which the Act does not apply.

Correct answer: A

A legacy is a gift of property (typically movable) made by a will/testamentary disposition; among the options, 'a gift of property by way of will' is correct.

Correct answer: B

The Hindu Succession (Amendment) Act, 2005 substituted Section 6 in its entirety, conferring coparcenary rights on daughters.

Correct answer: D

For Section 14 of the Hindu Succession Act, 'possessed' has been widely construed to include actual, constructive or symbolic possession—any of these suffices.

Correct answer: A

Under Section 10 Rule 1 of the Hindu Succession Act, 1956, the intestate's widow (or all widows together) takes one share.

Correct answer: A

True. Coparcenary is a narrower body than the joint family; every coparcener is a member of the joint family but not every member of the joint family is a coparcener.

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

False. Section 14(2) excludes property acquired under a will/gift granting a restricted (life) estate; such a life estate does not enlarge into absolute ownership.

Correct answer: B

Per Section 3(1)(a) of the Hindu Succession Act, persons related wholly through males by blood or adoption are 'agnates'; through females, 'cognates'.

Correct answer: B

False. Section 14(1) expressly includes property acquired as stridhana within its sweep, converting a Hindu female's limited estate into absolute ownership.

Correct answer: A

True. Specific relief is a form of judicial redress whereby the court grants the very relief (e.g., specific performance, injunction) to which the party is entitled, rather than mere damages.

Correct answer: D

A suit under Section 6 of the Specific Relief Act bars appeal/review; the only remedy for an unsuccessful party is to file a regular suit establishing title (Section 6(4)).

Correct answer: A

Section 36 of the Specific Relief Act, 1963 classifies preventive relief by injunction into two categories—temporary and perpetual.

Correct answer: D

Section 35 of the Specific Relief Act, 1963 is titled 'Effect of declaration' and provides that a declaration binds the parties and those claiming through them.

Correct answer: B

Rescission of contracts (Sections 27-30) is regarded as the converse of specific performance—it undoes/cancels the contract rather than enforcing it.

Correct answer: A

Yes. Under Section 21 of the Specific Relief Act, the court may award compensation in addition to specific performance where performance alone is not sufficient to do justice.

Correct answer: C

Section 21 of the Specific Relief Act, 1963 confers the power to award compensation in proceedings for specific performance (in addition to or in substitution of performance).

Correct answer: C

The Specific Relief Act, 1963 grants both specific reliefs (Chapters I-VI) and preventive reliefs (injunctions, Chapter VIII).

Correct answer: B

The Specific Relief Act grants specific performance of contracts; damages are a remedy under the Indian Contract Act, not the principal relief under the SRA. The Act provides specific performance regarding contracts.

Correct answer: C

The Specific Relief Act (originally 1877, re-enacted 1963) resulted from the recommendations of the Ninth Law Commission report on the earlier Specific Relief Act, 1877.