Odisha Judiciary — Prelims 2021

Correct answer: C

Article 20(3) protects against self-incrimination and Article 20(2) protects against double jeopardy (prosecuted and punished for the same offence more than once); both statements reflect Article 20.

Correct answer: D

Under Article 61, the President can be removed by impeachment only for 'violation of the Constitution'. (Proved misbehaviour/incapacity are grounds for removal of judges, not the President.)

Correct answer: A

In Shankari Prasad v. Union of India (1951), the Supreme Court held that amendment of the Constitution under Article 368 is an exercise of the legislative (constituent) power of Parliament and is 'law' within ordinary parlance; it upheld Parliament's power to amend even fundamental rights.

Correct answer: D

Judicial review is exercised by the Supreme Court (Articles 32, 136) as well as the High Courts (Articles 226, 227); it is part of the basic structure.

Correct answer: A

Under Article 109, the Rajya Sabha (Council of States) must return a Money Bill within 14 days; it can only withhold/delay it for that period.

Correct answer: A

Under Article 103, on a question of disqualification of an MP the President decides according to the opinion of the Election Commission, and that opinion is binding.

Correct answer: C

Article 124(3) prescribes citizenship, 5 years as a High Court judge, or 10 years as a High Court advocate (or distinguished jurist). There is no minimum-age requirement of 35 years, so that is not an essential condition.

Correct answer: C

Parmanand Katara v. Union of India (1989) held that every doctor has a paramount duty to provide immediate medical aid to preserve life under Article 21, recognising the right to emergency medical/doctor's assistance.

Correct answer: B

Shreya Singhal v. U.O.I. struck down Section 66A of the IT Act (free speech), not 'recognition of unwed mother' (that is ABC v. State (NCT of Delhi)); hence (b) is the mismatched pair.

Correct answer: B

Prafulla Kumar Mukherjee v. Bank of Commerce, Khulna (1947) is the leading authority on the doctrine of pith and substance.

Correct answer: C

Under Order VI Rule 14 CPC, every pleading shall be signed by the party and his pleader (if any); thus both sign.

Correct answer: C

Under Section 3 CPC, the Court of Small Causes is subordinate to both the District Court and the High Court.

Correct answer: B

Section 2(17) CPC defines 'public officer' (judges, persons in government service, police officers etc.). A municipal councillor is not within that definition.

Correct answer: B

Set-off is provided under Order VIII Rule 6 CPC.

Correct answer: B

Section 13 CPC makes a foreign judgment conclusive (binding), subject to the six exceptions listed therein.

Correct answer: C

Under Order XL Rule 1 the court appoints a receiver; specifically Order XL Rule 2 (in some texts Rule 5 covers collector remuneration) - the Collector may be appointed as receiver under Order XL. The provision empowering appointment of a Collector as receiver is Order XL Rule 5.

Correct answer: C

A suit for mere dignity or honour (with no civil/property right involved) is not a suit of a civil nature under Section 9 CPC, as it does not involve a justiciable civil right.

Correct answer: B

Power of the Supreme Court to transfer suits etc. is under Section 25 CPC (Section 24 is the power of the High Court/District Court). Hence (b) is mismatched.

Correct answer: D

Language of subordinate courts is dealt with under Section 137 CPC, so option (d) is correctly matched and the others (Section 132 exemption of women, Section 56 prohibition of arrest of women, Section 148A caveat) - note Section 57 is wrongly matched for prohibition of arrest of women (it is Section 56). Hence (b) is the genuine mismatch.

Correct answer: B

Suits by indigent persons are provided under Order XXXIII CPC.

Correct answer: C

Section 55A CrPC requires that the person having custody of an accused take reasonable care of the health and safety of the arrested person.

Correct answer: D

Under Section 167(2) CrPC, the 90-day detention limit applies to offences punishable with death, imprisonment for life, or imprisonment for not less than 10 years; hence all of these.

Correct answer: C

Transit remand is the remand obtained to transport/take an accused arrested in one State by police to another State (the State where the offence/court is), to cover the travel period.

Correct answer: B

Section 154 CrPC mandates registration of an FIR on information of a cognizable offence; reliability/genuineness of the information is not a condition precedent for registration (Lalita Kumari v. Govt. of U.P.).

Correct answer: A

Section 273 CrPC provides that, except as otherwise provided, all evidence taken in an inquiry or trial shall be taken in the presence of the accused (or his pleader).

Correct answer: B

Under Section 260 CrPC, theft (s.379-381 IPC) can be tried summarily only where the value of property stolen does not exceed Rs. 2,000; theft exceeding that value cannot be tried summarily.

Correct answer: D

Section 438 CrPC vests the power to grant anticipatory bail concurrently in both the Court of Session and the High Court.

Correct answer: B

Section 401 CrPC confers on the High Court its powers of revision; s.397 deals with calling for records and s.399 with the Sessions Judge's revisional powers.

Correct answer: A

D. K. Basu v. State of West Bengal (1997) laid down guidelines/safeguards regarding arrest and detention of persons by police.

Correct answer: A

Plea bargaining is in Chapter XXIA CrPC (s.265A-265L), so (i) is true; but it was added on the recommendation of the Malimath Committee and the 154th Law Commission Report, not the Justice Verma Committee, so (ii) is false.

Correct answer: D

R. M. Malkani v. State of Maharashtra (1973) concerned the admissibility of tape-recorded conversation as evidence, not leading questions, accomplice or res gestae; hence 'none of these'.

Correct answer: B

Jeremy Bentham famously described witnesses as 'the eyes and ears of justice.'

Correct answer: C

Section 35 of the Evidence Act makes entries (e.g., date of birth) in a public/official register, made by a public servant in discharge of duty, a relevant fact.

Correct answer: D

Section 14 of the Evidence Act makes facts showing the existence of any state of mind, or state of body or bodily feeling, relevant; hence all of these.

Correct answer: D

'Confession' is not defined in the Evidence Act; Lord Atkin clarified it in Pakala Narayana Swami v. Emperor (1939); and the Supreme Court adopted that definition in Palvinder Kaur v. State of Punjab. All three are true.

Correct answer: C

Section 112 of the Evidence Act governs the presumption of legitimacy of a child, and Nandlal/Narendra Nath type cases on legitimacy during subsistence of a valid marriage support both statements as true.

Correct answer: C

Pickard v. Sears, Sarat Chunder Dey v. Gopal Chunder Dey and Sri Krishna v. Kurukshetra University are all estoppel cases (s.115); Queen Empress v. Abdullah relates to dying declaration/relevant facts and is the odd one out.

Correct answer: A

Under Section 121 Evidence Act a Judge/Magistrate may be examined as to matters that occurred before him in trial with special court permission; the example fits and the reason (a Judge is a competent witness) is correct, so both A and R are true.

Correct answer: A

Communication during marriage is governed by Section 122, not Section 112 (which is presumption of legitimacy); hence pair (a) is mismatched.

Correct answer: D

Section 141 of the Indian Evidence Act defines a 'leading question.'

Correct answer: C

Dishonestly taking property from a dead body amounts to criminal misappropriation under Section 403 IPC (theft is excluded since the dead person cannot be 'in possession'); this is the standard illustration to s.403.

Correct answer: C

K. M. Nanavati v. State of Maharashtra (1962) is the leading Supreme Court case explaining grave and sudden provocation under Exception 1 to Section 300 IPC.

Correct answer: A

Provocation by Z does not extend to killing Y (Z's brother) who gave no provocation; the benefit of Exception 1 to s.300 is lost, so X is guilty of murder.

Correct answer: B

Entering Y's bedroom at night to murder him, when Y is absent, is only house-trespass (lurking house-trespass) since the attempt to murder has not commenced; X is guilty of house trespass.

Correct answer: C

In Mithu v. State of Punjab (1983) the Supreme Court struck down Section 303 IPC (mandatory death sentence) as unconstitutional.

Correct answer: A

R v. Dudley and Stephens (1884) is the celebrated case on the defence of necessity (and its rejection in cases of murder).

Correct answer: A

Sedition (s.124A IPC) is complete on the doing of the act with the requisite intent; the actual consequence (whether disaffection in fact results) is immaterial.

Correct answer: B

Theft is complete on moving the property; here moving the bullock moves the cart and the treasure, so the offence is committed as soon as the bullock is made to move in his direction (Illustration to s.378 IPC).

Correct answer: D

Obtaining money by putting a person in fear of death is extortion under Section 383 IPC.

Correct answer: C

Where force or violence is used by a member of an unlawful assembly (five or more) in prosecution of the common object, the assembly is guilty of rioting under Section 146 IPC.

Correct answer: C

There is no fixed statutory limitation period prescribed in the Limitation Act for a writ petition under Article 32; the '120 days' statement is false. (a), (b) and (d) are correct statements.

Correct answer: D

Section 3 of the Limitation Act, 1963 mandates that a suit, appeal or application filed after the prescribed period shall be dismissed, and the court must consider limitation suo motu even if not pleaded by the defendant.

Correct answer: B

Statement (i) is FALSE: in N. Balakrishnan v. M. Krishnamurthy (1998) 7 SCC 123 the Supreme Court actually CONDONED the 883-day delay, holding length of delay is immaterial if the explanation is bona fide. Statement (ii) is TRUE: R.B. Ramalingam v. R.B. Bhavneshwari held the test of 'sufficient cause' is an individualistic/diligence-based test.

Correct answer: C

Section 13 of the Limitation Act excludes time taken in an application for leave to sue/appeal as an indigent person, and the benefit is conditioned on good faith; both statements are true.

Correct answer: C

Under Section 12(1) of the Limitation Act, in computing the period of limitation the day from which the period is to be reckoned is EXCLUDED, not included; therefore statement (c) is the incorrect one.

Correct answer: C

Section 15(2) of the Limitation Act (exclusion of time for which notice/consent is required, etc.) applies to suits and appeals but does NOT apply to applications for execution of a decree.

Correct answer: A

Section 10 of the Limitation Act applies only to suits against express trustees and their representatives for following trust property; it does not apply to implied or constructive trusts.

Correct answer: C

Statement (i) reflects Section 9 (once time begins to run it does not stop) and (ii) reflects Section 22 (continuing breach/tort gives a fresh period of limitation); both are true.

Correct answer: C

Section 25 of the Limitation Act, 1963 provides for acquisition of easements (light, air, way, watercourse, etc.) by prescription after 20 years' peaceable, open, uninterrupted enjoyment as of right (30 years against Government).

Correct answer: A

Section 10 of the Transfer of Property Act, 1882 deals with conditions restraining alienation, declaring such absolute restraints void.

Correct answer: C

Under Section 3 TPA, an actionable claim is an unsecured debt or beneficial interest in movable property not in possession. A claim to mesne profits is a mere right to sue, which is expressly NOT an actionable claim.

Correct answer: B

Section 54 of the Transfer of Property Act, 1882 defines 'sale' as a transfer of ownership in exchange for a price paid or promised.

Correct answer: D

Transfer by ostensible owner is dealt with by Section 41 of the TPA, not Section 40. Section 40 concerns burden of obligation imposed on property. Hence the pair in (d) is incorrectly matched.

Correct answer: D

Section 58(d) of the TPA defines usufructuary mortgage, where the mortgagee is put in possession and receives rents/profits in lieu of interest/principal.

Correct answer: C

Under Section 122 read with Section 123 TPA, a gift requires acceptance during the lifetime of the donee while still capable of giving; if the donee dies before acceptance, the gift is void.

Correct answer: C

Section 29 of the TPA (ulterior disposition on failure of prior disposition) applies: since B died in A's lifetime and could not perform the condition, the gift over to C takes effect.

Correct answer: A

Sultan Ahmad v. Rashid Ahmad, AIR 1990 All 47, held that a marriage settlement made to defeat or defraud creditors is voidable at the option of the creditor under Section 53 TPA.

Correct answer: A

Under Section 20 of the TPA, where an interest is created for the benefit of an unborn person, that person acquires a vested interest immediately upon his birth (though enjoyment may be postponed), unless a contrary intention appears.

Correct answer: B

Under Section 62 of the Indian Contract Act, 1872, novation means the substitution of a new contract for the existing one, the old contract thereby being discharged.

Correct answer: A

Where consent is obtained by fraud (Sections 17 and 19 of the Contract Act), the contract is voidable at the option of the deceived party, who may rescind/set aside the contract and also recover damages for the loss sustained.

Correct answer: C

A false statement made by a person who believes it to be true, without intent to deceive, is misrepresentation under Section 18 of the Indian Contract Act, 1872.

Correct answer: B

Quasi-contractual obligations (Sections 68-72 of the Contract Act) rest on the equitable principle of unjust enrichment, preventing a person from unjustly retaining a benefit at another's expense.

Correct answer: C

A contract of life insurance, performance of which depends upon the happening of a future uncertain event, is a contingent contract under Section 31 of the Indian Contract Act, 1872.

Correct answer: B

Charging a high rate of interest when the money market is tight does not by itself amount to undue influence or unconscionability; the loan agreement remains valid.

Correct answer: B

A social/domestic arrangement between friends lacks the intention to create legal relations, an essential of a contract; hence A is not legally liable (cf. Balfour v. Balfour).

Correct answer: C

Hadley v. Baxendale (1854) laid down the rule on remoteness/measure of damages for breach of contract, the basis of Section 73 of the Indian Contract Act.

Correct answer: C

Under Section 46 of the Indian Contract Act, where no time is fixed, performance must be within a reasonable time; the contract is not void for uncertainty.

Correct answer: C

A brother's son is not a Class I heir under the Schedule to the Hindu Succession Act, 1956; he is an agnate. The other three are Class I heirs.

Correct answer: B

Statement (i) is false: under Section 20 HSA, a child in the womb who is later born alive inherits as if born before death. Statement (ii) is true under Section 26 HSA (convert's descendants disqualified).

Correct answer: B

Statement (i) is false: Section 28 HSA abolishes disqualification on grounds of disease, defect or deformity (blindness/impotency no longer disqualify). Statement (ii) is true: Section 29 provides for escheat to Government.

Correct answer: C

Widow of a predeceased son is a Class I heir, not Class II. Father (Entry I), Son's daughter's son (Entry II) and Father's mother (Entry III) are all Class II heirs under the HSA, 1956.

Correct answer: D

Section 14 of the Hindu Succession Act, 1956 declares that property possessed by a female Hindu is held by her as full/absolute owner.

Correct answer: D

Section 2(2) of the Hindu Succession Act, 1956 expressly excludes members of Scheduled Tribes (within Art. 366(25)) unless the Central Government notifies otherwise.

Correct answer: B

No statutory format is prescribed for a will; Section 74 of the Indian Succession Act, 1925 only says a will need not be in any particular form, it is to be construed by the testator's intention. Hence the statement that Section 74 prescribes a format is incorrect.

Correct answer: C

Both are correct: Section 7 of the Indian Succession Act fixes domicile of origin of a legitimate child by the father's domicile, and Section 8 fixes that of an illegitimate child by the mother's domicile at birth.

Correct answer: A

Part VI (Sections 57-191) of the Indian Succession Act, 1925 deals with testamentary succession (wills, executors, construction and effect of dispositions). Probate/letters of administration fall under Part IX.

Correct answer: D

Section 6(3) of the Specific Relief Act, 1963 expressly provides that no appeal lies and no review is allowed from an order or decree under Section 6 (suit by person dispossessed of immovable property).

Correct answer: B

Section 38 of the Specific Relief Act, 1963 lays down the principles on which a perpetual injunction may be granted.

Correct answer: C

Part III of the Specific Relief Act, 1963 (Sections 36-42) is headed 'Preventive Relief' (injunctions).

Correct answer: C

Under Section 10 read with Section 14, a contract whose subject matter has no standard for ascertaining damages or which cannot be compensated by money (e.g. property of historic/special value) is specifically enforceable; the others (partnership, marriage, contingent) are generally not.

Correct answer: D

Section 26 of the Specific Relief Act, 1963 fixes no time limit for discovery of mistake or fraud; a rectification suit may be instituted whenever the fraud or mutual mistake is discovered.

Correct answer: B

Under Section 27 of the Specific Relief Act, 1963 rescission may be adjudged where a contract is voidable or terminable by the plaintiff.

Correct answer: B

Section 36 of the Specific Relief Act, 1963 provides that preventive relief is granted by injunction, temporary or perpetual.

Correct answer: A

Section 31 of the Specific Relief Act, 1963 deals with when cancellation of an instrument may be ordered.

Correct answer: B

Section 21 of the Specific Relief Act, 1963 empowers the court to award compensation in certain cases (in lieu of or in addition to specific performance).

Correct answer: A

The definition and concept of 'domestic violence' under the PWDVA, 2005 is drawn from the UN Framework for Model Legislation on Domestic Violence and the UN Declaration on the Elimination of Violence against Women (as noted in the Act's Statement of Objects and Reasons).

Correct answer: D

Section 2(i) of the PWDVA, 2005 defines 'Magistrate' as the Judicial Magistrate of the first class, or the Metropolitan Magistrate, exercising jurisdiction in the area.

Correct answer: D

Under the PWDVA, 2005 a Magistrate may pass protection orders (s.18), residence orders (s.19), monetary reliefs (s.20), custody orders (s.21) and compensation orders (s.22) — all of these.

Correct answer: B

Section 30 of the PWDVA, 2005 declares Protection Officers and members of service providers to be public servants within the meaning of Section 21 IPC.

Correct answer: A

Section 23(2) of the PWDVA, 2005 permits the Magistrate to grant an ex parte/interim order on the basis of an affidavit of the aggrieved person.