Rajasthan Judiciary Mock Test 5 — Questions & Solutions
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In an appeal by the drawer against a conviction under Section 138, the appellate court under Section 148 of the Negotiable Instruments Act, 1881 may order the appellant to deposit a sum which shall be a minimum of:
aFifty per cent of the fine or compensation awarded by the trial court
bThe whole of the fine or compensation awarded by the trial court
cTwenty per cent of the fine or compensation awarded by the trial court
dTen per cent of the fine or compensation awarded by the trial court
Answer: C
Section 148(1) empowers the appellate court to order the appellant to deposit a minimum of twenty per cent of the fine or compensation awarded by the trial court, in addition to any interim compensation paid under Section 143A.
Under Section 139 of the Negotiable Instruments Act, 1881, on proof that a cheque was received by the holder, it shall be presumed, until the contrary is proved, that the holder received the cheque:
aOnly as security and not towards any liability
bWithout any consideration
cFor the discharge, in whole or in part, of any debt or other liability
dAs a gift from the drawer
Answer: C
Section 139 raises a rebuttable presumption that the holder of a cheque received it for the discharge, in whole or in part, of any debt or other liability; the burden of rebutting this presumption lies on the accused.
An adjudicating officer under the Information Technology Act, 2000 is empowered to adjudicate matters in which the claim for injury or damage does not exceed:
aTen crore rupees
bOne crore rupees
cFive crore rupees
dTwo crore rupees
Answer: C
Section 46(1A) limits the jurisdiction of the adjudicating officer to claims for injury or damage not exceeding five crore rupees; beyond that, jurisdiction lies with the competent court.
Which section of the Information Technology Act, 2000 bars the jurisdiction of a civil court to entertain any suit or proceeding in respect of any matter which an adjudicating officer or the Appellate Tribunal is empowered to determine under the Act?
aSection 81
bSection 61
cSection 58
dSection 75
Answer: B
Section 61 expressly ousts the jurisdiction of civil courts over matters that an adjudicating officer or the Appellate Tribunal can determine under the Act.
The power of superintendence of a High Court over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction is conferred by:
aArticle 226
bArticle 235
cArticle 227
dArticle 228
Answer: C
Article 227 confers on every High Court the power of superintendence over all courts and tribunals within its territorial jurisdiction; the Rajasthan General Rules (Civil) are framed under this Article.
Under Article 143 of the Constitution, the power to refer a question of law or fact of public importance for the advisory opinion of the Supreme Court vests in:
athe Prime Minister
bthe President
ceither House of Parliament
dthe Chief Justice of India
Answer: B
Article 143 empowers the President to refer a question of law or fact of public importance to the Supreme Court for its advisory opinion; such opinion is not binding.
Under Section 54 of the NDPS Act, 1985, where a person fails to account satisfactorily for his possession of any narcotic drug or psychotropic substance, the Court:
aMay presume, unless the contrary is proved, that he has committed an offence under the Act in respect of such article
bShall conclusively hold him guilty without any right of rebuttal
cCan draw no presumption, possession being irrelevant
dMust acquit him in the absence of independent corroboration
Answer: A
Section 54 permits the Court to presume, unless and until the contrary is proved, that the accused has committed an offence under the Act in respect of any narcotic drug for the possession of which he fails to account satisfactorily.
An addict charged with an offence under Section 27 (consumption) of the NDPS Act, 1985 who voluntarily seeks medical treatment for de-addiction from a recognised hospital or institution is, under Section 64A:
aImmune absolutely and unconditionally for all offences under the Act
bImmune from prosecution for that offence, the immunity being liable to withdrawal if he does not undergo the complete treatment
cEntitled only to release on probation
dEntitled to a mandatory reduction of one-half of the sentence
Answer: B
Section 64A grants an addict charged with consumption (Section 27) or with an offence involving small quantity immunity from prosecution if he voluntarily undergoes treatment for de-addiction; the immunity may be withdrawn if he does not undergo the complete treatment.
The period of limitation for a suit for possession of immovable property based on title under Article 65 of the Schedule to the Limitation Act, 1963 is:
aTwelve years from the date the possession of the defendant becomes adverse to the plaintiff.
bThirty years from the date of the title deed.
cSix years from the accrual of the right to sue.
dThree years from the date of dispossession.
Answer: A
Article 65 prescribes twelve years for a suit for possession of immovable property based on title, computed from the date the defendant's possession becomes adverse to the plaintiff.
A suit by a person dispossessed of immovable property to recover possession (possessory suit under Article 64) must be filed within:
aTwelve years from the date adverse possession commences.
bSix months from dispossession.
cThree years from dispossession.
dTwelve years from the date of dispossession.
Answer: D
Article 64 prescribes twelve years for a suit for possession of immovable property based on previous possession (and subsequent dispossession), reckoned from the date of dispossession, independent of title.
Where the mortgagor delivers possession of the mortgaged property to the mortgagee and authorises him to retain possession until payment of the mortgage-money and to appropriate the rents and profits in lieu of interest or in payment of the principal, the mortgage, under Section 58 of the Transfer of Property Act, 1882, is a:
aUsufructuary mortgage
bMortgage by conditional sale
cSimple mortgage
dEnglish mortgage
Answer: A
Section 58(d) defines a usufructuary mortgage as one where the mortgagor delivers possession and authorises the mortgagee to retain it and appropriate the rents and profits in lieu of interest or towards the mortgage-money.
Under Section 58 of the Transfer of Property Act, 1882, where the mortgagor binds himself to repay the mortgage-money on a certain date and transfers the property absolutely to the mortgagee, subject to a proviso for re-transfer on payment, the mortgage is termed:
aUsufructuary mortgage
bAnomalous mortgage
cMortgage by conditional sale
dEnglish mortgage
Answer: D
Section 58(e) defines an English mortgage: the mortgagor binds himself to repay on a certain date and transfers the property absolutely, subject to a proviso that it will be re-transferred on payment of the mortgage-money.
Under Section 63(4) of the Bharatiya Sakshya Adhiniyam, 2023, an electronic record produced as evidence shall be accompanied, at each instance of its submission for admission, by:
aa certificate in the form prescribed in the Schedule, signed as required by that section
ban affidavit of the investigating officer alone
cthe original storage device deposited in court
da notarised translation of the record
Answer: A
Section 63(4) BSA requires a certificate in the form set out in the Schedule, identifying the record, giving device particulars and signed by the person in charge and an expert, to accompany the electronic record each time it is submitted for admission.
Under Order V Rule 1 of the Code of Civil Procedure, 1908, when a summons is issued to the defendant, he is required to appear and answer the claim and file his written statement of defence within:
athirty days from the date of service of summons
bninety days from the date of service of summons
csixty days from the date of service of summons
dfifteen days from the date of service of summons
Answer: A
Order V Rule 1(1) CPC requires the defendant to file his written statement within thirty days of service of summons; this may be extended, for recorded reasons, up to ninety days.
Under Section 16 of the Sale of Goods Act, 1930, an implied condition that the goods shall be reasonably fit for the buyer's particular purpose arises where the buyer makes known that purpose to the seller AND:
aThe price exceeds a prescribed amount
bSo as to show that the buyer relies on the seller's skill or judgment, the goods being of a description it is in the course of the seller's business to supply
cThe buyer has personally examined the goods
dThe goods are sold under their patent or trade name
Answer: B
Section 16(1) raises the implied condition of fitness for purpose where the buyer relies on the seller's skill or judgment and the goods are of a description the seller deals in; a sale under a patent or trade name negates such reliance.
Under Section 124 of the Indian Contract Act, 1872, a contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called a contract of:
aagency
bbailment
cguarantee
dindemnity
Answer: D
Section 124 defines a contract of indemnity as one by which one party promises to save the other from loss caused to him by the conduct of the promisor himself or of any other person.
Which of the following is NOT enumerated as a category of 'domestic violence' under Section 3 of the Protection of Women from Domestic Violence Act, 2005?
aEconomic abuse
bCultural abuse
cSexual abuse
dPhysical abuse
Answer: B
Section 3 covers physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse, besides harassment for unlawful dowry demand. 'Cultural abuse' is not a recognised category under the section.
Under the Muslim Women (Protection of Rights on Divorce) Act, 1986, where a divorced woman is unable to maintain herself after the iddat period and her relatives entitled to inherit her property are also unable to pay, the Magistrate may order maintenance to be paid by:
aThe Central Wakf Council
bThe former husband for life
cThe State Wakf Board
dThe State Government
Answer: C
Under Section 4 of the 1986 Act, where the relatives entitled to inherit are unable to pay maintenance, the Magistrate may direct the State Wakf Board functioning in the area to pay the maintenance ordered.
Under Section 60 of the Indian Easements Act, 1882, a licence is NOT revocable by the grantor where:
aThe licence has been granted for a fixed period of one year
bThe licence relates to immovable property worth more than one hundred rupees
cThe licence has been reduced to writing and registered
dThe licensee, acting upon the licence, has executed a work of a permanent character and incurred expenses in its execution
Answer: D
Section 60 makes a licence irrevocable where it is coupled with a transfer of property still in force, or where the licensee, acting upon it, has executed a work of permanent character and incurred expenses in doing so.
Under Section 20 of the Specific Relief Act, 1963 (as substituted in 2018), before availing substituted performance of a contract through a third party or his own agency, the party suffering the breach must give the party in default a notice in writing of not less than:
aNinety days
bSixty days
cThirty days
dFifteen days
Answer: C
Section 20(2) requires a prior written notice of not less than thirty days calling upon the defaulting party to perform, before substituted performance and recovery of costs from the defaulter.
Under Section 20 of the Legal Services Authorities Act, 1987, a court may refer a pending case to a Lok Adalat:
aOnly on a direction issued by the State Legal Services Authority
bOnly where both parties agree to such reference
cOnly after recording the evidence of both parties
dWhere the parties agree, or one party applies and the court is prima facie satisfied of a chance of settlement, or the court itself is satisfied the matter is appropriate
Answer: D
Section 20(1) permits reference where parties agree, or one party applies and the court is prima facie satisfied that there is a chance of settlement, or the court is otherwise satisfied that the matter is appropriate for the Lok Adalat (after hearing the other party).
Under Section 78 of the Rajasthan Land Revenue Act, 1956, the period of limitation for a first appeal to the Collector from the date of the order objected to is:
aThirty days
bForty-five days
cSixty days
dNinety days
Answer: A
Section 78(a) provides that no appeal shall lie to the Collector, Land Records Officer or Settlement Officer after the expiration of thirty days from the date of the order objected to.
Under the Rajasthan Court Fees and Suits Valuation Act, 1961, the special provision dealing with court fee payable in a suit relating to trust property is contained in:
aSection 25
bSection 27
cSection 26
dSection 33
Answer: B
Section 27 ('Suits relating to trust property') is the special provision for computing court fee in suits concerning trust property, valuing the fee on a prescribed fraction of the market value subject to a statutory maximum.
The maxim 'Nemo dat quod non habet', applied to the transfer of title in goods, means that:
aPossession is nine-tenths of the law
bThe first in time prevails in right
cNo one can give a better title than he himself has
dA buyer always acquires a good title from the seller
Answer: C
'Nemo dat quod non habet' means no one can transfer to another a better title than he himself possesses; it underlies section 27 of the Sale of Goods Act, 1930.
Convert into indirect speech: He said to me, "Where are you going?"
aHe told me where I am going.
bHe asked me where was I going.
cHe asked me where I was going.
dHe asked me where I am going.
Answer: C
In reported speech the interrogative becomes a statement-order clause ('where I was going'), the reporting verb changes to 'asked', and the present continuous shifts to past continuous.
Supply the correct form of the verb: 'The committee _______ divided in their opinion on the matter.'
aare
bis
cwas being
dhas been
Answer: A
When the members of a collective noun act individually (here, divided in opinion), the noun takes a plural verb, so 'are' is correct.
Q28English Language
Fill in the blank with the correct article: '_______ honest officer is respected by all.'
aA
bAn
cThe
dNo article
Answer: B
The word 'honest' begins with a silent 'h' and an actual vowel sound, so the article 'an' is used before it.
Q29English Language
Choose the correct passive voice of: 'They are building a new courthouse in the city.'
aA new courthouse was being built in the city.
bA new courthouse is being built in the city.
cA new courthouse has been built in the city.
dA new courthouse is built in the city.
Answer: B
The present continuous active 'are building' converts to the passive 'is being built', making option (a) correct.
Q30English Language
Identify the correct indirect speech of: He said to me, 'Where did you go yesterday?'
aHe asked me where had I gone the previous day.
bHe asked me where I had gone the previous day.
cHe told me where I had gone yesterday.
dHe asked me where I went yesterday.
Answer: B
An interrogative becomes a statement order ('where I had gone'), the past tense shifts to past perfect, and 'yesterday' changes to 'the previous day'.
Q31English Language
The idiom 'to bury the hatchet' means:
ato make peace and end a quarrel
bto hide a weapon
cto dig a grave
dto abandon a plan
Answer: A
'To bury the hatchet' is an idiom meaning to settle a dispute and become friendly again.
Q32English Language
Fill in the blank with the correct preposition: 'The accused was charged _______ theft.'
awith
bfor
cof
don
Answer: A
The verb 'charge' in the sense of accusing takes the preposition 'with' (charged with an offence).
Q33English Language
Pick the correct synonym for the word 'meticulous':
aHasty
bIndifferent
cPainstaking
dCareless
Answer: C
'Meticulous' means showing great attention to detail, which is closest in meaning to 'painstaking'.
Q34English Language
Complete the sentence with the correct conjunction: 'Hardly had he entered the room _______ the lights went off.'
awhen
bthat
cthan
dthen
Answer: A
The correlative 'hardly ... when' is the standard construction; 'hardly' is paired with 'when', not 'than'.
Q35English Language
Select the option that correctly fills the blank: 'Neither the judge nor the lawyers _______ satisfied with the verdict.'
awere
bis
chas been
dwas
Answer: A
With 'neither ... nor', the verb agrees with the nearer subject; 'lawyers' is plural, so 'were' is correct.
Q36English Language
The phrase 'to read between the lines' means:
ato read very fast
bto understand the hidden or implied meaning
cto read aloud
dto skip certain lines while reading
Answer: B
'To read between the lines' means to perceive a meaning that is implied rather than directly stated.
Q37English Language
Identify the sentence that is grammatically correct:
aOne of the witnesses have turned hostile.
bOne of the witness has turned hostile.
cOne of the witnesses has turned hostile.
dOne of the witnesses are turning hostile.
Answer: C
'One of the witnesses' takes a singular verb ('has') while the noun after 'of' must be plural ('witnesses'); only option (c) satisfies both.
Q38English Language
Choose the correct meaning of the foreign expression 'bona fide':
aBy force
bWithout consideration
cIn good faith; genuine
dIn bad faith
Answer: C
'Bona fide' is a Latin expression meaning in good faith, that is, genuine and without fraud or deceit.
Q39English Language
Choose the option that best fills the blank: "Neither the magistrate nor the clerks ______ aware of the amendment that had come into force that morning."
awas
bare
cis
dwere
Answer: D
With 'neither...nor', the verb agrees with the nearer subject, here the plural 'clerks', so the plural verb 'were' is correct.
Q40English Language
Select the word that is most nearly OPPOSITE in meaning to the word 'EXONERATE'.
aPardon
bAbsolve
cIncriminate
dAcquit
Answer: C
'Exonerate' means to free from blame; its antonym is 'incriminate', meaning to implicate in wrongdoing. The other options are synonyms of exonerate.
Q41CrPC
Under Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, custody of the accused with the police during the initial period of investigation may be authorised:
aFor a continuous maximum of thirty days
bAt any time during the entire ninety-day period without restriction
cOnly within the first fifteen days from the date of arrest
dIn whole or in parts, within the first forty or sixty days out of the detention period of sixty or ninety days
Answer: D
Section 187(3) BNSS permits police custody of fifteen days to be sought in whole or in parts during the initial forty or sixty days of the total detention period of sixty or ninety days respectively, departing from the rigid first-fifteen-days rule under the CrPC.
The Code of Criminal Procedure, 1973 is repealed by which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023, with a saving for pending appeals, applications, trials and investigations?
aSection 528
bSection 358
cSection 531
dSection 484
Answer: C
Section 531 BNSS repeals the CrPC, 1973 while saving any appeal, application, trial, inquiry or investigation pending immediately before commencement, which continues under the old Code.
Under Section 47 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a police officer arresting a person without a warrant is duty bound to:
aInform only the relatives of the arrested person and not the person himself
bCommunicate forthwith to the arrested person the full particulars of the offence and the grounds of arrest
cObtain the written consent of a Gazetted Officer before arrest
dProduce the arrested person before the Sessions Court within six hours
Answer: B
Section 47 BNSS requires the officer to forthwith communicate to the arrested person the full particulars of the offence and grounds of arrest, and in bailable cases his right to bail.
Under Section 193(9) of the Bharatiya Nagarik Suraksha Sanhita, 2023, further investigation after filing of the police report is, as a rule, to be completed within:
aNinety days, with permission of the trial court and subject to extension
bSixty days
cThirty days
dOne hundred and eighty days without any court permission
Answer: A
Section 193(9) BNSS allows further investigation after the report, but it requires permission of the trial court and is ordinarily to be completed within ninety days, extendable by the court.
Under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, before commencing a trial in absentia of a proclaimed offender, the Court is required to:
aIssue a single arrest warrant and wait fifteen days
bIssue two consecutive arrest warrants at least thirty days apart and publish a newspaper notice giving thirty days to appear
cObtain the sanction of the State Government
dRefer the matter to the High Court for confirmation
Answer: B
Section 356 BNSS requires, among other steps, issue of two consecutive arrest warrants at least thirty days apart and publication of a notice in a newspaper requiring the proclaimed offender to appear within thirty days before the in-absentia trial proceeds.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where a cognizable offence is punishable with imprisonment for a term less than three years and the person to be arrested is infirm or is above sixty years of age, no arrest shall be made without the prior permission of an officer not below the rank of:
aStation House Officer
bDeputy Superintendent of Police
cSub-Divisional Magistrate
dSuperintendent of Police
Answer: B
Section 35(7) BNSS requires prior permission of an officer not below the rank of Deputy Superintendent of Police before arresting an infirm person or one above sixty years for an offence punishable with imprisonment of less than three years.
An accused is arrested for an offence punishable with imprisonment which may extend to ten years (not death or life). The investigation is not completed in time. Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum period of detention beyond which he becomes entitled to default bail is:
a15 days
b120 days
c90 days
d60 days
Answer: C
Under Section 187(3) BNSS, the maximum detention pending investigation is 90 days where the offence is punishable with death, imprisonment for life, or imprisonment for not less than ten years, and 60 days for any other offence; an offence carrying up to ten years falls in the 90-day category.
A confession made by an accused person in the course of investigation can be validly recorded under the Bharatiya Nagarik Suraksha Sanhita, 2023 by:
aA Metropolitan Magistrate or Judicial Magistrate
bAny police officer in charge of a police station
cAn Executive Magistrate of the district
dA police officer on whom the powers of a Magistrate have been conferred
Answer: A
Section 183 BNSS empowers a Metropolitan or Judicial Magistrate to record confessions and statements, and expressly bars a police officer on whom Magistrate's powers have been conferred from recording a confession.
A is on trial for the murder of B. While dying, B states to a bystander that A had stabbed him. Under the Bharatiya Sakshya Adhiniyam, 2023, the admissibility of this dying declaration as a relevant fact is governed by:
aSection 32
bSection 27
cClause (a) of Section 19
dClause (a) of Section 26
Answer: D
Under Section 26(a) of the BSA, 2023, a statement made by a person as to the cause of his death or the circumstances of the transaction resulting in his death is a relevant fact (the dying declaration), whether or not the maker was under expectation of death.
During investigation, an accused in police custody makes an oral confession to the investigating Sub-Inspector. Under the Bharatiya Sakshya Adhiniyam, 2023, such a confession:
aMay be proved if recorded in the presence of two independent witnesses
bIs admissible under Section 22 if voluntary
cShall not be proved against the accused, as a confession to a police officer is barred under Section 23(1)
dIs admissible under the proviso to Section 23 in its entirety
Answer: C
Section 23(1) of the BSA, 2023 provides that no confession made to a police officer shall be proved as against a person accused of any offence, irrespective of whether independent witnesses were present.
An accused in police custody states that he has hidden the weapon of offence in a particular well, and the weapon is recovered in consequence of that information. Under the Bharatiya Sakshya Adhiniyam, 2023, how much of such information may be proved?
aThe entire confession including the admission of guilt
bOnly the portion recorded in the presence of a Magistrate
cNothing, as it was made in police custody
dSo much of the information as relates distinctly to the fact thereby discovered, under the proviso to Section 23(2)
Answer: D
The proviso to Section 23(2) of the BSA, 2023 permits proof of so much of the information received from an accused in police custody as relates distinctly to the fact thereby discovered, whether or not it amounts to a confession.
Under the Bharatiya Sakshya Adhiniyam, 2023, the principle that admissions are not conclusive proof of the matters admitted, but may operate as estoppels, is contained in:
aSection 21
bSection 15
cSection 121
dSection 25
Answer: D
Section 25 of the BSA, 2023 declares that admissions are not conclusive proof of the matters admitted, but they may operate as estoppels under the provisions of the Adhiniyam.
A and B are jointly tried for the same offence of dacoity. A makes a confession that 'B and I committed the robbery.' Under the Bharatiya Sakshya Adhiniyam, 2023, the provision under which the Court may take this confession into consideration against B is:
aSection 22
bSection 24
cSection 23
dSection 26
Answer: B
Section 24 of the BSA, 2023 provides that where more persons than one are jointly tried for the same offence, a confession made by one affecting himself and another may be taken into consideration against such other person as well as the maker. It re-enacts Section 30 of the Indian Evidence Act, 1872.
In a criminal trial, the accused pleads the General Exception of private defence under the Bharatiya Nyaya Sanhita, 2023. Under the Bharatiya Sakshya Adhiniyam, 2023, on whom does the burden of proving the existence of circumstances bringing the case within that exception lie?
aOn neither party, as it is a question of law
bOn the prosecution under Section 104
cOn the accused, and the Court shall presume the absence of such circumstances, under Section 108
dOn the prosecution, which must negate the exception
Answer: C
Section 108 of the BSA, 2023 places the burden of proving circumstances bringing the case within any General Exception of the BNS, 2023 on the accused, and directs the Court to presume the absence of such circumstances.
The offence of 'organised crime', introduced for the first time as a distinct offence in a general criminal code, is contained in which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 152
bSection 111
cSection 109
dSection 113
Answer: B
Section 111 BNS defines and punishes organised crime, covering continuing unlawful activity such as kidnapping, extortion, land grabbing and cyber-crime carried on by a crime syndicate; it has no direct IPC equivalent.
The provision dealing with 'acts endangering sovereignty, unity and integrity of India', which broadly replaced the offence of sedition, is found in which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 150
bSection 124-A
cSection 197
dSection 152
Answer: D
Section 152 BNS penalises acts endangering the sovereignty, unity and integrity of India; the old sedition offence under Section 124-A IPC has not been retained in the same form.
Z dishonestly induces P to deliver property by putting P in fear of injury to P's son. Under the Bharatiya Nyaya Sanhita, 2023, Z has committed the offence of:
aRobbery under Section 309
bCheating under Section 318
cExtortion under Section 308
dCriminal breach of trust under Section 316
Answer: C
Extortion under Section 308 BNS (formerly Section 383 IPC) consists of intentionally putting a person in fear of injury and thereby dishonestly inducing delivery of property.
Q59Rajasthan Local Acts (Stamp, Tenancy, Agri-Credit, Right to Hearing, Panchayati Raj, Agri-Indebtedness)
Under the Rajasthan Tenancy Act, 1955, 'Khudkasht' means land in any part of the State which is:
aLand held by a Gair Khatedar tenant on lease
bLand permanently dedicated to a religious institution
cGovernment waste land not yet allotted to any tenant
dLand personally cultivated by an estate-holder (and recorded/treated as such)
Answer: D
Under the Rajasthan Tenancy Act, 1955, 'Khudkasht' refers to land personally cultivated by an estate-holder, including land so recorded or treated as such under the applicable land law.
Q60Rajasthan Local Acts (Stamp, Tenancy, Agri-Credit, Right to Hearing, Panchayati Raj, Agri-Indebtedness)
A key purpose of the Rajasthan Agricultural Credit Operations (Removal of Difficulties) Act, 1974 is to:
aProvide free legal aid to agricultural labourers
bRegulate the price of agricultural produce in mandis
cEnable agriculturists, including those whose alienation is otherwise restricted, to create a charge or mortgage on their land to obtain financial assistance from a bank
dAbolish all intermediary tenures in agricultural land
Answer: C
The 1974 Act removes difficulties in agricultural financing by enabling agriculturists, including members of Scheduled Castes/Tribes whose alienation is otherwise restricted, to create a charge or mortgage over their land to secure financial assistance from a bank.
Q61Rajasthan Local Acts (Stamp, Tenancy, Agri-Credit, Right to Hearing, Panchayati Raj, Agri-Indebtedness)
Under the Rajasthan Agricultural Credit Operations (Removal of Difficulties) Act, 1974, an agriculturist who has created a charge or mortgage on his land in favour of a bank for financial assistance which remains outstanding:
aShall not lease or create tenancy rights on that land without the prior written permission of the bank
bMay freely lease or create tenancy rights on that land at any time
cMay lease the land only with the permission of the Civil Court
dLoses all rights in the land permanently
Answer: A
So long as the financial assistance secured by the charge/mortgage remains outstanding, the agriculturist cannot lease or create tenancy rights on that land without the bank's prior written permission.
Q62Rajasthan Local Acts (Stamp, Tenancy, Agri-Credit, Right to Hearing, Panchayati Raj, Agri-Indebtedness)
Under the Rajasthan Right to Hearing Act, 2012, the time limit within which a Public Hearing Officer must dispose of a complaint is:
a45 days
b7 days
c15 days
d30 days
Answer: C
Under the Rajasthan Right to Hearing Act, 2012, a Public Hearing Officer is required to dispose of a complaint within 15 days, and reasons must be recorded in writing if the complaint is rejected.
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, a 'heinous offence' is defined with reference to the minimum punishment prescribed under the law in force, which must be imprisonment for:
aSeven years or more
bFive years or more
cThree years or more
dTen years or more
Answer: A
Section 2(33) defines 'heinous offences' as offences for which the minimum punishment under the IPC or any other law in force is imprisonment for seven years or more. The Supreme Court in Shilpa Mittal v. State (NCT of Delhi) clarified that offences with no minimum sentence are not heinous.
Under the JJ Act, 2015, an offence for which the punishment under any law is imprisonment between three and seven years is classified as a:
aHeinous offence
bPetty offence
cCognizable offence
dSerious offence
Answer: D
Section 2(54) defines 'serious offences' as those for which the punishment under any law for the time being in force is imprisonment between three to seven years. Petty offences (Section 2(45)) carry imprisonment up to three years.
Which of the following persons is, by the express terms of Section 4 of the JJ Act, 2015, ineligible to be appointed as the Principal Magistrate of a Juvenile Justice Board:
aA Metropolitan Magistrate with three years' experience
bA Judicial Magistrate of the First Class with three years' experience
cAny Magistrate possessing knowledge of child psychology
dA Chief Metropolitan Magistrate or Chief Judicial Magistrate
Answer: D
Under Section 4, the Principal Magistrate must be a Metropolitan Magistrate or a Judicial Magistrate of the First Class with at least three years' experience; the section expressly provides that the Chief Metropolitan Magistrate or Chief Judicial Magistrate shall not be so appointed.
Under Section 3(f) of the Hindu Marriage Act, 1955, the sapinda relationship with reference to any person extends as far as:
athe fifth generation (inclusive) in the line of ascent through the father and the third (inclusive) through the mother
bthe third generation (inclusive) in the line of ascent through the father and the fifth (inclusive) through the mother
cthe fourth generation (inclusive) in the line of ascent through both the father and the mother
dthe seventh generation (inclusive) through the father and the fifth (inclusive) through the mother
Answer: A
Section 3(f)(ii) provides that sapinda relationship extends as far as the third generation (inclusive) in the line of ascent through the mother and the fifth (inclusive) in the line of ascent through the father, in each case counting from the person concerned.
A marriage solemnised in contravention of which of the following clauses of Section 5 of the Hindu Marriage Act, 1955 renders the marriage void under Section 11?
aClause (ii) relating to incapacity to give valid consent
bClause (iii) relating to the age of the parties
cClauses (i), (iv) and (v) relating to bigamy, prohibited degrees and sapinda relationship
dClause (iii) relating to age and clause (ii) relating to consent
Answer: C
Section 11 declares a marriage null and void only if it contravenes clauses (i), (iv) or (v) of Section 5, i.e. an existing spouse living (bigamy), prohibited degrees of relationship, or sapinda relationship. Contravention of the age requirement under clause (iii) does not render the marriage void.
Under Section 13B(2) of the Hindu Marriage Act, 1955, the motion for a decree of divorce by mutual consent shall be moved by both parties:
aat any time after the date of presentation of the petition
bnot earlier than six months and not later than eighteen months after the date of presentation of the petition
cnot earlier than three months and not later than one year after the date of presentation of the petition
dnot earlier than one year and not later than two years after the date of presentation of the petition
Answer: B
Section 13B(2) requires the second motion to be moved by both parties not earlier than six months after presentation of the petition and not later than eighteen months thereafter, the petition not having been withdrawn in the meantime.
Under Section 9 of the Code of Civil Procedure, 1908, the courts have jurisdiction to try all suits of a civil nature excepting:
asuits in which the right to property or to an office is contested
bsuits relating to religious rites and ceremonies
csuits of which their cognizance is either expressly or impliedly barred
dall suits in which caste questions arise
Answer: C
Section 9 CPC provides that courts shall have jurisdiction to try all suits of a civil nature except suits of which their cognizance is expressly or impliedly barred; the Explanations clarify that suits regarding property/office are of a civil nature notwithstanding caste or religious-rite questions.
The principle of res judicata under Section 11 of the Code of Civil Procedure, 1908, requires that the former suit must have been decided by a court competent to try:
aonly the former suit
bthe subsequent suit in which the issue is raised
cany suit of a civil nature
dboth such subsequent suit and the issue in the former suit
Answer: D
Section 11 CPC requires that the court which decided the former suit must have been competent to try the subsequent suit in which the issue has been subsequently raised; without such competence the bar of res judicata does not operate.
Which of the following correctly states the law as to a foreign judgment under Section 13 of the Code of Civil Procedure, 1908?
aA foreign judgment is conclusive in all cases regardless of how obtained
bA foreign judgment is not conclusive where it has been obtained by fraud
cA foreign judgment given by a court of competent jurisdiction can never be questioned in India
dA foreign judgment is conclusive even if founded on an incorrect view of international law
Answer: B
Section 13 CPC lays down six exceptions where a foreign judgment is not conclusive, including clause (e) where the judgment has been obtained by fraud and clause (c) where it is founded on an incorrect view of international law.
Under Section 11 of the Probation of Offenders Act, 1958, an order under the Act may be made by any court empowered to try and sentence the offender to imprisonment, and also by:
athe High Court or any other court when the case comes before it on appeal or in revision
bthe State Government
cthe District Magistrate only
da Lok Adalat
Answer: A
Section 11(1) provides that an order may be made by a trial court and 'also by the High Court or any other court when the case comes before it on appeal or in revision'.
In Rattan Lal v. State of Punjab, AIR 1965 SC 444, the Supreme Court held that the Probation of Offenders Act, 1958 is:
aa milestone in the progress of modern liberal/reformative trend of penology and a beneficial legislation
binapplicable to offenders above eighteen years of age
ca penal statute to be construed strictly against the offender
dapplicable only to offences against property
Answer: A
Rattan Lal v. State of Punjab recognised the Act as reformative, beneficial legislation; the benefit of ss.3, 4 and 6 may be claimed by all offenders except those guilty of offences punishable with death or life imprisonment.
Under Section 28 of the Registration Act, 1908, a non-testamentary document relating to immovable property described in Section 17(1)(a) to (e) shall be presented for registration in the office of the Sub-Registrar within whose sub-district:
athe claimant chooses to present it
bthe whole or some portion of the property to which the document relates is situate
cthe executant ordinarily resides
dthe document was executed
Answer: B
Section 28 requires such documents to be presented in the office of the Sub-Registrar within whose sub-district the whole or some portion of the property to which the document relates is situate.
Under Section 17(1A) of the Registration Act, 1908 (inserted in 2001), a document containing a contract to transfer immovable property for consideration for the purpose of Section 53A of the Transfer of Property Act, 1882, if not registered, shall:
abe deemed registered automatically after one year
bremain fully effective for the purposes of Section 53A
cbe void for all purposes including a suit for specific performance
dhave no effect for the purposes of Section 53A of the Transfer of Property Act, 1882
Answer: D
Section 17(1A) provides that such documents executed on or after the commencement of the 2001 Amendment, if not registered, shall have no effect for the purposes of Section 53A TPA; however they may still be used as evidence of a contract in a suit for specific performance.
Under Section 31(7)(b) of the Arbitration and Conciliation Act, 1996 (as amended in 2015), where an arbitral award is silent as to post-award interest, the sum directed to be paid shall carry interest from the date of the award to the date of payment at the rate of:
atwo per cent higher than the current rate of interest prevalent on the date of the award
beighteen per cent per annum
cthe rate fixed by the Reserve Bank of India
dtwelve per cent per annum
Answer: A
Post-amendment Section 31(7)(b) provides that, unless the award otherwise directs, the awarded sum carries interest at a rate two per cent higher than the current rate of interest prevalent on the date of the award.
Section 43 of the Arbitration and Conciliation Act, 1996, provides that:
athe Limitation Act, 1963 shall apply to arbitrations as it applies to proceedings in court
bno period of limitation applies to a reference to arbitration
cthe Limitation Act, 1963 shall not apply to arbitrations
darbitral proceedings are deemed to have commenced on the date the award is made
Answer: A
Section 43(1) makes the Limitation Act, 1963 applicable to arbitrations as it applies to proceedings in court, and Section 21 read with Section 43(2) fixes the date of commencement of arbitral proceedings for limitation purposes.
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Rules, 1995 were framed by the Central Government in exercise of the rule-making power conferred by:
aSection 23 of the Act
bSection 22 of the Act
cSection 15 of the Act
dSection 21 of the Act
Answer: A
Section 23(1) empowers the Central Government to make rules for carrying out the purposes of the Act; the 1995 Rules were notified under this power.
X, knowing that Y belongs to a Scheduled Caste, intentionally insults Y with intent to humiliate him in a place within public view. The offence committed by X falls squarely within:
aSection 18 of the SC/ST (Prevention of Atrocities) Act, 1989
bSection 3(1) of the SC/ST (Prevention of Atrocities) Act, 1989
cSection 4 of the SC/ST (Prevention of Atrocities) Act, 1989
dSection 7 of the SC/ST (Prevention of Atrocities) Act, 1989
Answer: B
Intentional insult or intimidation with intent to humiliate a member of a SC/ST in any place within public view is an offence of atrocity enumerated under Section 3(1) of the Act.
Section 28 of the POCSO Act, 2012 provides that for the purpose of providing a speedy trial, the State Government shall, in consultation with the Chief Justice of the High Court, designate a Special Court for each district to try offences under the Act by notification in the:
aCourt notice board
bGram Panchayat record
cLocal newspaper
dOfficial Gazette
Answer: D
Section 28 requires the designation of a Special Court for each district by the State Government in consultation with the Chief Justice of the High Court, by notification in the Official Gazette.
Section 29 of the POCSO Act, 2012, which creates a presumption that the accused has committed the offence, applies only to prosecutions for offences under sections:
a11, 13 and 15
b3, 5, 7 and section 9
c23, 24 and 25
d19, 20 and 21
Answer: B
Section 29 creates a presumption of guilt (rebuttable) for prosecutions of offences under Sections 3, 5, 7 and 9, casting the burden on the accused to prove the contrary.
Under the Rajasthan Rent Control Act, 2001, the qualification prescribed for the Presiding Officer of the Appellate Rent Tribunal is that he must be:
aan advocate with ten years' practice
ba member of the Rajasthan Administrative Service of the rank of Collector
ca member of the District Judge cadre of the Rajasthan judicial service with not less than three years' experience as such
da sitting Judge of the High Court of Rajasthan
Answer: C
Under Section 19, the Appellate Rent Tribunal is presided over by an officer of the District Judge cadre of the judicial service having not less than three years' experience as such, appointed by the High Court.
Under Section 2 of the Rajasthan Rent Control Act, 2001, the definition of 'tenant' in relation to premises also includes, after the death of a tenant:
aany sub-tenant inducted without the landlord's consent
bsuch of the surviving members of his family as were ordinarily residing with him at the time of his death
conly the legal heirs named in the registered will of the deceased
dany person in unauthorised occupation of the premises
Answer: B
Section 2's definition of 'tenant' includes, on the tenant's death, those surviving members of his family who were ordinarily residing with him at the time of his death.
Q84Other Special/Local Acts (Electricity Act, Motor Vehicles Act)
Under Section 140(2) of the Motor Vehicles Act, 1988, the fixed amount of compensation payable on the no-fault basis in case of death is:
aRs. 1,00,000
bRs. 2,00,000
cRs. 50,000
dRs. 25,000
Answer: C
Section 140(2) of the Motor Vehicles Act, 1988 fixes the no-fault compensation at Rs. 50,000 in case of death and Rs. 25,000 in case of permanent disablement.
Q85Other Special/Local Acts (Electricity Act, Motor Vehicles Act)
An appeal against an award of the Motor Accidents Claims Tribunal lies to the High Court under Section 173 of the Motor Vehicles Act, 1988, but no appeal shall lie where the amount in dispute is less than:
aRs. 1,00,000
bRs. 5,000
cRs. 50,000
dRs. 10,000
Answer: D
The proviso to Section 173(2) of the Motor Vehicles Act, 1988 bars an appeal where the amount in dispute in the appeal is less than ten thousand rupees.
The maxim that a 'holder in due course' under Section 9 of the Negotiable Instruments Act, 1881 must satisfy includes that he became the possessor or payee of the instrument:
aAfter the maturity of the instrument in every case
bGratuitously, without paying any consideration
cAfter dishonour of the instrument with full knowledge thereof
dFor consideration, before the amount became payable and without sufficient cause to believe any defect existed in the title of the transferor
Answer: D
Section 9 defines a holder in due course as a person who, for consideration, became the possessor of a negotiable instrument (or payee/indorsee) before the amount became payable, and without having sufficient cause to believe that any defect existed in the title of the person from whom he derived his title.
Which of the following is NOT one of the three instruments declared to be negotiable instruments by Section 13 of the Negotiable Instruments Act, 1881?
aFixed deposit receipt
bBill of exchange
cCheque
dPromissory note
Answer: A
Section 13 defines a negotiable instrument to mean a promissory note, bill of exchange or cheque payable either to order or to bearer; a fixed deposit receipt is not a negotiable instrument.
Under Section 70 of the Information Technology Act, 2000, any person who secures access or attempts to secure access to a 'protected system' in contravention of the section is punishable with imprisonment which may extend to:
aFive years and fine
bTen years and fine
cThree years and fine
dSeven years and fine
Answer: B
Section 70 punishes unauthorised access to a notified protected system with imprisonment of either description which may extend to ten years and also fine.
Section 72 of the Information Technology Act, 2000, which penalises breach of confidentiality and privacy by a person who has secured access to electronic records or information under powers conferred by the Act, prescribes imprisonment which may extend to:
aOne year, or fine up to fifty thousand rupees, or both
bThree years, or fine up to two lakh rupees, or both
cFive years and fine
dTwo years, or fine up to one lakh rupees, or both
Answer: D
Section 72 punishes breach of confidentiality and privacy with imprisonment up to two years, or fine up to one lakh rupees, or both.
Under Article 312 of the Constitution, a new All-India Service common to the Union and the States may be created only if the Council of States declares so by a resolution supported by:
aa simple majority of the members present and voting
bnot less than two-thirds of the members present and voting
cthree-fourths of the total membership of the Council
da majority of the total membership of the Council
Answer: B
Article 312(1) requires the Rajya Sabha to pass a resolution, supported by not less than two-thirds of the members present and voting, declaring it necessary in the national interest to create an All-India Service.
The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to Parliament and State Legislatures vests in the Election Commission under:
aArticle 315
bArticle 324
cArticle 280
dArticle 338
Answer: B
Article 324 vests in the Election Commission the superintendence, direction and control of the electoral rolls and conduct of elections to Parliament, State Legislatures, and the offices of President and Vice-President.
The offence of financing, directly or indirectly, any illicit traffic, or harbouring a person engaged in it, under Section 27A of the NDPS Act, 1985 is punishable with:
aRigorous imprisonment for a term not less than 10 years extendable to 20 years and fine of Rs. 1,00,000 to Rs. 2,00,000
bImprisonment up to three years, or fine, or both
cDeath in every case
dSimple imprisonment up to one year and fine up to Rs. 10,000
Answer: A
Section 27A punishes financing illicit traffic and harbouring offenders with rigorous imprisonment of not less than ten years extendable to twenty years, with fine of one to two lakh rupees (extendable by the court for reasons recorded).
In Tofan Singh v. State of Tamil Nadu, (2021) 4 SCC 1, the Supreme Court held that a confessional statement recorded by an officer invested with powers under Section 53 of the NDPS Act, 1985:
aIs admissible against a co-accused but not against the maker
bIs admissible only if recorded in the presence of a Magistrate
cIs fully admissible and a conviction may rest solely upon it
dIs inadmissible in evidence, such officer being a 'police officer' for the purpose of the bar on confessions
Answer: D
The Constitution Bench in Tofan Singh held that officers invested with Section 53 powers are 'police officers' and a statement recorded under Section 67 cannot be used as a confession in the trial of an offence under the Act.
Under Article 113 of the Schedule to the Limitation Act, 1963 (the residuary article), a suit for which no period of limitation is provided elsewhere in the Schedule must be filed within:
aTwelve years from the time the right to sue accrues.
bSix years from the time the right to sue accrues.
cOne year from the accrual of the right to sue.
dThree years from the time the right to sue accrues.
Answer: D
Article 113 is the residuary article and prescribes three years, computed from the time the right to sue accrues, for any suit not otherwise provided for in the Schedule.
The period of limitation for an application for which no period of limitation is provided elsewhere in the Schedule, under Article 137 of the Limitation Act, 1963, is:
aThree years from the date the right to apply accrues.
bThirty days from the date of the order.
cTwelve years from the date the right to apply accrues.
dNinety days from the accrual of the right to apply.
Answer: A
Article 137 is the residuary article for applications and prescribes three years from the date when the right to apply accrues.
A lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can under Section 107 of the Transfer of Property Act, 1882 be made only:
aBy delivery of the title deeds to the lessee
bBy an oral agreement accompanied by delivery of possession
cBy a registered instrument
dBy an unregistered instrument signed by the lessor alone
Answer: C
The first paragraph of Section 107 mandates that a lease from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by a registered instrument. Other leases may be by registered instrument or oral agreement with delivery of possession.
Which one of the following is NOT, by itself, a mode by which a lease of immovable property is determined under Section 111 of the Transfer of Property Act, 1882?
aBy merger, where the interests of lessee and lessor vest in one person in the same right
bBy forfeiture, when the lessee breaks an express condition providing for re-entry
cBy efflux of the time limited thereby
dBy the death of the lessor where the lease is for a fixed term of ten years
Answer: D
Section 111 lists the modes of determination of a lease, including efflux of time, forfeiture, surrender and merger. A fixed-term lease is not determined merely by the death of the lessor; it runs for its term and binds the successors.
Under Section 80(2) of the Code of Civil Procedure, 1908, a suit against the Government or a public officer may be instituted, with the leave of the court, without serving the two months' notice required by Section 80(1) where:
athe defendant has waived notice in writing
burgent or immediate relief is sought
cthe plaintiff is an agriculturist
dthe suit is valued below ten thousand rupees
Answer: B
Section 80(2) CPC allows a suit to be instituted without the mandatory two months' notice, with the leave of the court, where the plaintiff seeks urgent or immediate relief; the court must still give the Government a reasonable opportunity to show cause.
Under Order VII Rule 11 of the Code of Civil Procedure, 1908, in a suit against the Government instituted without the notice mandated by Section 80(1) CPC, the plaint is liable to be:
areturned for presentation to the proper court
bamended suo motu by the court
cstayed until notice is served
drejected
Answer: D
A suit hit by want of mandatory notice under Section 80(1) CPC discloses no cause of action / is barred by law, and the plaint is liable to be rejected under Order VII Rule 11 CPC; rejection (unlike return under Order VII Rule 10) is a decree appealable as such.
Under the Sale of Goods Act, 1930, unless otherwise agreed, the goods remain at the seller's risk until:
aDelivery is actually made to the buyer
bThe price is paid in full
cThe property therein is transferred to the buyer
dThe buyer accepts the goods after examination
Answer: C
Section 26 provides that risk prima facie passes with property: goods are at the seller's risk until property is transferred to the buyer, after which they are at the buyer's risk whether or not delivery has been made.
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