Rajasthan Judiciary Mock Test 6 — Questions & Solutions
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Under Section 171 of the Indian Contract Act, 1872, which of the following, in the absence of a contract to the contrary, may retain goods bailed to them as security for a general balance of account?
aAny bailee to whom goods are bailed
bOnly a pawnee under a contract of pledge
cOnly a finder of lost goods
dBankers, factors, wharfingers, attorneys of a High Court and policy-brokers
Answer: D
Section 171 confers a general lien only on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers, in the absence of a contract to the contrary; no other person has such a general lien unless there is an express contract.
Under Section 17 of the Protection of Women from Domestic Violence Act, 2005, a woman in a domestic relationship has a right to reside in the shared household:
aOnly during the subsistence of the marriage and not thereafter
bOnly if she has a legal title or beneficial interest in the household
cIrrespective of whether she has any right, title or beneficial interest in the household
dOnly if the household is owned solely by her husband
Answer: C
Section 17(1) confers on every woman in a domestic relationship the right to reside in the shared household whether or not she has any right, title or beneficial interest in it; and under Section 17(2) she cannot be evicted except by procedure established by law.
Under Muslim law, the testamentary power of a Muslim is limited. In the absence of consent of the other heirs, a Muslim cannot bequeath by will (wasiyat) more than:
aOne-half of his property after payment of debts and funeral expenses
bOne-third of his property after payment of debts and funeral expenses
cTwo-thirds of his property after payment of debts and funeral expenses
dThe whole of his property in any case
Answer: B
Under both Sunni and Shia law a Muslim's testamentary power is restricted to one-third of the estate remaining after payment of debts and funeral expenses; a bequest of more than one-third requires the consent of the other heirs.
Which of the following statements regarding a 'licence' under Section 52 of the Indian Easements Act, 1882, is correct?
aA licence necessarily requires a dominant and a servient heritage
bA licence is always transferable by the licensee to a third person
cA licence creates an interest in the immovable property of the grantor
dA licence is a right to do something which would otherwise be unlawful, without creating any interest in the property
Answer: D
Under Section 52, a licence is a right to do or continue to do something in or upon the immovable property of the grantor which would otherwise be unlawful, and which does not amount to an easement or an interest in the property.
Under Section 20A, inserted by the Specific Relief (Amendment) Act, 2018, no injunction shall be granted by a court in a suit under the Act involving a contract relating to:
aAny commercial transaction exceeding rupees one crore
bAn infrastructure project specified in the Schedule, where granting the injunction would impede or delay its progress or completion
cAny agreement between the State Government and a private contractor
dSale of agricultural land situated within a notified municipal area
Answer: B
Section 20A bars grant of an injunction in a suit involving a contract relating to an infrastructure project specified in the Schedule where it would cause impediment or delay in the project's progress or completion.
Which of the following is included within the 'property of the firm' under Section 14 of the Indian Partnership Act, 1932?
aThe private dwelling house of a partner
bProperty acquired by a partner exclusively for his personal use
cThe separate self-acquired property of a partner not brought into the firm
dThe goodwill of the business
Answer: D
Section 14 provides that, subject to contract between the partners, the property of the firm includes the goodwill of the business along with all property and rights originally brought into the stock of the firm or acquired for the firm.
Under Section 22B of the Legal Services Authorities Act, 1987, the Chairman of a Permanent Lok Adalat must be a person who is, or has been:
aA District Judge or Additional District Judge, or has held judicial office higher in rank than that of a District Judge
bA serving Judge of the High Court
cAn advocate of not less than ten years' standing
dThe Secretary of the District Legal Services Authority
Answer: A
Under Section 22B(2)(a), the Chairman of a Permanent Lok Adalat shall be a person who is, or has been, a district judge or additional district judge or has held judicial office higher in rank than a district judge, along with two members having experience in public utility services.
Under Section 89 of the Rajasthan Land Revenue Act, 1956, the right to all minerals, mines, quarries and to all fisheries, navigation and irrigation in and from a river shall vest in:
aThe State Government
bThe holder of the land on the surface of which they are situated
cThe Board of Revenue
dThe Gram Panchayat within whose limits they lie
Answer: A
Section 89 vests the right to all minerals, mines, quarries and to all fisheries, navigation and irrigation in and from a river in the State Government, which has all powers necessary for the enjoyment of such right.
Under Section 35 of the Rajasthan Court Fees and Suits Valuation Act, 1961, a plaintiff who is in joint possession of the property and sues for partition is liable to pay:
aA fee computed on the market value of the plaintiff's share
bA fee computed on the full market value of the entire property
cA fixed fee, the property being treated as in his constructive possession
dNo court fee at all
Answer: C
Under Section 35 ('Partition suits'), where the plaintiff is in joint possession, only a fixed fee is payable; an ad valorem fee on the market value of the share is payable only where the plaintiff has been excluded from possession.
The evidentiary maxim 'Res ipsa loquitur' is invoked in an action for negligence to mean that:
aHe who alleges must prove
bThe burden of proof always lies on the plaintiff
cA false witness in one matter is false in all
dThe thing speaks for itself, so negligence may be presumed from the very nature of the accident
Answer: D
'Res ipsa loquitur' means 'the thing speaks for itself'; where an accident is of a kind that ordinarily does not occur without negligence, negligence is presumed and the burden shifts to the defendant.
Identify the part of the sentence that contains an error: "The bench observed that (a)/ each of the petitioners (b)/ have failed to disclose (c)/ the material facts. (d)"
athe material facts.
bhave failed to disclose
cThe bench observed that
deach of the petitioners
Answer: B
'Each' is singular and takes a singular verb, so 'have failed' should be 'has failed'.
Q12English Language
Choose the correct meaning of the idiom 'to throw the book at someone'.
aTo dismiss a matter as trivial
bTo recommend reading material
cTo accuse someone falsely
dTo punish or charge someone as severely as the law allows
Answer: D
'To throw the book at someone' means to impose the maximum possible punishment or charges against a person.
Q13English Language
Fill in the blank with the correct preposition: "The accused was acquitted ______ the charge of forgery for want of evidence."
aagainst
bwith
cfrom
dof
Answer: D
The standard collocation is 'acquitted of' a charge, indicating release from the accusation.
Q14English Language
Select the word that is the synonym of 'PERFUNCTORY'.
aEnthusiastic
bCursory
cElaborate
dMeticulous
Answer: B
'Perfunctory' means carried out with minimum effort or care; 'cursory' (hasty and superficial) is its closest synonym.
Q15English Language
Choose the correctly punctuated and grammatical sentence.
aThe counsel argued, that the witness was unreliable.
bThe counsel argued: that the witness was unreliable.
cThe counsel argued; that the witness was unreliable.
dThe counsel argued that the witness was unreliable.
Answer: D
No punctuation is needed before the conjunction 'that' introducing a noun clause; option (b) is correct.
Q16English Language
Identify the figure of speech in the sentence: "The law is a blind giant, crushing the just and the unjust alike."
aMetaphor
bSimile
cPersonification
dHyperbole
Answer: A
The sentence directly equates the law with a 'blind giant' without using 'like' or 'as', making it a metaphor.
Q17English Language
Change the following into indirect speech: He said to me, "Did you file the appeal yesterday?"
aHe told me if I have filed the appeal the day before.
bHe asked me that did I file the appeal yesterday.
cHe asked me if I had filed the appeal the previous day.
dHe asked me whether I filed the appeal yesterday.
Answer: C
In reported speech the interrogative is introduced by 'if/whether', the tense shifts to past perfect, and 'yesterday' becomes 'the previous day'.
Q18English Language
Select the option that best replaces the underlined part to improve the sentence: "Hardly had the judge entered the courtroom <u>when</u> the proceedings began."
athan
bthen
cwhen
dthat
Answer: C
The correlative of 'Hardly had...' is 'when', so the sentence is already correct; the underlined 'when' should be retained.
Q19English Language
Choose the most appropriate one-word substitute for: 'A statement that is open to more than one interpretation.'
aExplicit
bAmbiguous
cVerbose
dConcise
Answer: B
A statement open to more than one interpretation is 'ambiguous'.
Q20English Language
Fill in the blank with the correct form of the verb: "If the petitioner ______ the deadline, the suit would have been admitted."
ahad met
bhas met
cmeets
dwould meet
Answer: A
This is a third conditional (past unreal) sentence; the 'if' clause requires the past perfect 'had met' to match 'would have been'.
Q21English Language
Select the antonym of the word 'FRIVOLOUS' as used in the phrase 'a frivolous petition'.
aSerious
bBaseless
cPlayful
dTrivial
Answer: A
A 'frivolous' petition is one lacking seriousness or merit; its antonym is 'serious'.
Q22English Language
Choose the correct passive voice of the sentence: "The court will deliver the verdict tomorrow."
aThe verdict is delivered by the court tomorrow.
bThe verdict would be delivered by the court tomorrow.
cThe verdict will be delivered by the court tomorrow.
dThe verdict will deliver by the court tomorrow.
Answer: C
The future simple active 'will deliver' becomes 'will be delivered' in the passive, retaining the future tense.
Q23English Language
Choose the option that correctly fills the blank: "Neither the presiding officer nor the witnesses ______ available when the matter was finally taken up for hearing."
ahas been
bwere
cis
dwas
Answer: B
With 'neither...nor', the verb agrees with the nearer subject; 'witnesses' is plural, so the correct verb is 'were'.
Q24English Language
Identify the word that is most nearly OPPOSITE in meaning to 'EXONERATE'.
aAbsolve
bAcquit
cInculpate
dPardon
Answer: C
'Exonerate' means to free from blame; its antonym is 'inculpate', meaning to accuse or implicate. Acquit, pardon and absolve are synonyms.
Q25English Language
Select the option that expresses the idiom 'to throw down the gauntlet'.
aTo issue a challenge
bTo avoid a confrontation
cTo accept defeat gracefully
dTo surrender a weapon
Answer: A
The idiom 'to throw down the gauntlet' means to issue a challenge or invite a contest.
Q26CrPC
Under Section 184 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the registered medical practitioner who examines the victim of rape is required to forward the medical examination report to the investigating officer within:
aSeven days
bThree days
cFifteen days
dTwenty-four hours
Answer: A
Section 184 BNSS requires the registered medical practitioner to forward the report of medical examination of a rape victim to the investigating officer within seven days, and the victim is to be sent for examination within twenty-four hours of receipt of information.
Where an offence is punishable with imprisonment for seven years or more, Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 makes it obligatory for the police officer to:
aCommit the case forthwith to the Court of Session
bObtain sanction of the State Government before investigation
cCause a forensic expert to visit the crime scene to collect forensic evidence and videograph the process
dRecord the statement of the informant before a Magistrate
Answer: C
Section 176(3) BNSS mandates that for offences punishable with imprisonment of seven years or more, the police officer shall cause a forensic expert to visit the crime scene to collect forensic evidence and shall videograph the process on an electronic device.
A first-time offender, who has never been convicted of any offence in the past, is undergoing trial. Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, he is entitled to be released on bond where he has undergone detention up to:
aThe full maximum period of imprisonment specified for the offence
bOne-fourth of the maximum period of imprisonment specified for the offence
cOne-half of the maximum period of imprisonment specified for the offence
dOne-third of the maximum period of imprisonment specified for the offence
Answer: D
The first proviso to Section 479(1) BNSS provides that a first-time offender (never previously convicted) shall be released on bond after undergoing detention up to one-third of the maximum period of imprisonment for the offence, as against one-half for others.
An accused person desirous of availing the benefit of plea bargaining under the Bharatiya Nagarik Suraksha Sanhita, 2023 is required to file his application for plea bargaining:
aWithin sixty days from the date of cognizance
bWithin thirty days from the date of framing of the charge
cAt any time before pronouncement of judgment
dBefore the charge is framed
Answer: B
Section 290 BNSS requires the accused to file the application for plea bargaining within thirty days from the date of framing of the charge in the court in which the offence is pending for trial.
A person has been declared a proclaimed offender having absconded to evade trial with no immediate prospect of arrest. Under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the trial in absentia may commence:
aImmediately on declaration as proclaimed offender
bOnly after the High Court grants sanction
cOnly after expiry of one year from issuance of proclamation
dOnly after expiry of ninety days from the date of framing of charge
Answer: D
Section 356 BNSS, introducing trial in absentia of a proclaimed offender, provides that the trial shall commence only after expiry of ninety days from the date of framing of the charge.
An informant lodges an FIR regarding a cognizable offence. Under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the police officer is obliged to inform the informant or victim about the progress of the investigation, including by electronic communication, within:
aThirty days
bNinety days
cFifteen days
dSixty days
Answer: B
Section 193(3)(ii) BNSS obliges the police officer to inform the informant or victim of the progress of the investigation within ninety days, including through electronic communication.
A cognizable offence is committed within the jurisdiction of Police Station 'X', but the informant approaches Police Station 'Y' situated in another district. Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023:
aThe informant must approach the Magistrate having jurisdiction over Police Station 'X'
bPolice Station 'Y' may register the FIR only with prior sanction of the Superintendent of Police
cPolice Station 'Y' must refuse to register the FIR for want of territorial jurisdiction
dPolice Station 'Y' shall register the FIR irrespective of the area and forward it to the police station having jurisdiction
Answer: D
Section 173 BNSS statutorily recognises the 'Zero FIR': information relating to a cognizable offence may be given irrespective of the area where the offence is committed, and is then transferred to the police station having jurisdiction.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the obligation to prepare and notify a Witness Protection Scheme for the State is cast upon:
aThe Director General of Police
bThe High Court of the State
cThe District and Sessions Judge
dThe State Government
Answer: D
Section 398 BNSS, a new provision, mandates that every State Government shall prepare and notify a Witness Protection Scheme for the State to ensure protection of witnesses.
Two friends are sleeping in a room bolted from inside; in the morning one is found murdered and the other is the sole occupant. The prosecution seeks to shift onto the survivor the burden of explaining how the death occurred. Under the Bharatiya Sakshya Adhiniyam, 2023, this is founded upon:
aSection 105
bSection 106
cSection 109
dSection 104
Answer: C
Section 109 of the BSA, 2023 provides that when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him.
A woman commits suicide within seven years of her marriage, and it is shown that her husband had subjected her to cruelty. Under the Bharatiya Sakshya Adhiniyam, 2023, the provision empowering the Court to presume that the suicide was abetted by the husband is:
aSection 116
bSection 118
cSection 120
dSection 117
Answer: D
Section 117 of the BSA, 2023 permits the Court to presume abetment of suicide by the husband or his relative where the woman commits suicide within seven years of marriage and was subjected to cruelty.
A child is born during the continuance of a valid marriage between his mother and a man, the mother remaining unmarried. Under the Bharatiya Sakshya Adhiniyam, 2023, the fact of such birth is, as to his legitimacy:
aConclusive proof, unless non-access of the parties at the relevant time is shown, under Section 116
bA rebuttable presumption that the Court may draw
cMerely a relevant fact requiring corroboration
dConclusive proof which cannot be displaced by any evidence whatsoever
Answer: A
Section 116 of the BSA, 2023 makes birth during a valid marriage (or within 280 days of its dissolution, the mother remaining unmarried) conclusive proof of legitimacy, unless it is shown that the parties had no access to each other when the child could have been begotten.
A party seeks to prove an electronic record (a printed copy of a WhatsApp chat) produced by a computer. Under the Bharatiya Sakshya Adhiniyam, 2023, the certificate identifying the electronic record and the device producing it must be submitted in accordance with:
aSection 61
bSection 57
cSection 62
dSection 63(4)
Answer: D
Section 63(4) of the BSA, 2023 requires that, where a statement is to be given in evidence by virtue of Section 63, a certificate (in the form specified in the Schedule) identifying the electronic record and the device be submitted along with the record.
Under the Bharatiya Sakshya Adhiniyam, 2023, the document itself produced for the inspection of the Court constitutes:
aDocumentary admission under Section 15
bPrimary evidence under Section 57
cOral evidence under Section 54
dSecondary evidence under Section 58
Answer: B
Section 57 of the BSA, 2023 defines primary evidence as the document itself produced for the inspection of the Court; secondary evidence is separately dealt with under Section 58.
A document is required by law to be attested. Under the Bharatiya Sakshya Adhiniyam, 2023, for proving its execution (where an attesting witness is alive and subject to the process of the Court):
aAt least one attesting witness must be called, under Section 67
bBoth attesting witnesses must invariably be called
cNo attesting witness need be called in any case
dProof of the executant's signature alone is always sufficient
Answer: A
Section 67 of the BSA, 2023 requires that a document required by law to be attested shall not be used as evidence until at least one attesting witness has been called to prove its execution, if such a witness is alive and capable of giving evidence.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for culpable homicide not amounting to murder is laid down in:
aSection 105
bSection 304
cSection 106
dSection 100
Answer: A
Section 105 BNS prescribes the punishment for culpable homicide not amounting to murder (the former Section 304 IPC); Section 100 merely defines culpable homicide.
A rash and negligent driver causes the death of a pedestrian, the act not amounting to culpable homicide. Under the Bharatiya Nyaya Sanhita, 2023, the offence of causing death by negligence is dealt with under:
aSection 106
bSection 304-A
cSection 105
dSection 125
Answer: A
Section 106 BNS (formerly Section 304-A IPC) punishes causing death by a rash or negligent act not amounting to culpable homicide.
Under the Bharatiya Nyaya Sanhita, 2023, the general provision conferring the right of private defence of the body and of property is contained in:
aSection 100
bSection 96
cSection 38
dSection 35
Answer: D
Section 35 BNS confers the right of private defence of body and property (formerly Section 97 IPC), while Section 38 specifies when that right extends to causing death.
Q44Rajasthan Local Acts (Stamp, Tenancy, Agri-Credit, Right to Hearing, Panchayati Raj, Agri-Indebtedness)
Under the Rajasthan Right to Hearing Act, 2012, the first appeal against the decision of a Public Hearing Officer is required to be disposed of within:
a60 days
b15 days
c21 days
d30 days
Answer: C
The Rajasthan Right to Hearing Act, 2012 provides that a first appeal against the decision of the Public Hearing Officer must be disposed of within 21 days.
Q45Rajasthan Local Acts (Stamp, Tenancy, Agri-Credit, Right to Hearing, Panchayati Raj, Agri-Indebtedness)
Under the Rajasthan Right to Hearing Act, 2012, where the appellate authority finds that a Public Hearing Officer has, without sufficient cause, failed to provide a hearing within the stipulated time, the penalty that may be imposed is:
aImprisonment up to one month
bA flat penalty of Rs. 10,000
cNot less than Rs. 250 but not exceeding Rs. 2,500
dNot less than Rs. 500 but not exceeding Rs. 5,000
Answer: D
The Act empowers the appellate authority to impose on a defaulting Public Hearing Officer a penalty of not less than Rs. 500 and not exceeding Rs. 5,000 for failure, without sufficient cause, to provide the hearing within time.
Q46Rajasthan Local Acts (Stamp, Tenancy, Agri-Credit, Right to Hearing, Panchayati Raj, Agri-Indebtedness)
The 'right to hearing' guaranteed under the Rajasthan Right to Hearing Act, 2012 essentially comprises:
aThe right to a full civil trial before a court
bThe right to compensation for every grievance
cAn opportunity of hearing on a complaint within the stipulated time and the right to be informed of the decision taken on it
dOnly the right to file a written complaint
Answer: C
Under the Act, 'right to hearing' means an opportunity of hearing provided to citizens on a complaint within the stipulated time limit, coupled with the right to obtain information about the decision made on the complaint.
Q47Rajasthan Local Acts (Stamp, Tenancy, Agri-Credit, Right to Hearing, Panchayati Raj, Agri-Indebtedness)
Under the Rajasthan Panchayati Raj Act, 1994, the three tiers of Panchayati Raj Institutions and their respective chairpersons are correctly matched as:
Under the Rajasthan Panchayati Raj Act, 1994 the three-tier structure is Gram Panchayat (headed by a Sarpanch), Panchayat Samiti (headed by a Pradhan) and Zila Parishad (headed by a Pramukh).
A Juvenile Justice Board under Section 4 of the JJ Act, 2015 consists of a Principal Magistrate and two social worker members. The Act mandates that of these two social workers:
aBoth shall be women
bAt least one shall be a medical practitioner
cBoth shall have a degree in law
dAt least one shall be a woman
Answer: D
Section 4 requires the Board to comprise the Principal Magistrate and two social workers (at least one of whom shall be a woman), forming a Bench.
A child apparently in conflict with law, alleged to have committed a non-bailable offence, is produced before the Juvenile Justice Board. As to bail under Section 12 of the JJ Act, 2015:
aHe cannot be released on bail because the offence is non-bailable
bHe shall be released on bail notwithstanding that the offence is non-bailable, unless one of the statutory exceptions applies
cBail is governed solely by the Bharatiya Nagarik Suraksha Sanhita and not by the JJ Act
dBail can be granted only by the Sessions Court
Answer: B
Section 12 makes bail the rule for a child in conflict with law whether the offence is bailable or non-bailable; bail may be refused only if release is likely to bring the child into association with known criminals, expose him to moral/physical/psychological danger, or defeat the ends of justice.
Under Section 15 of the JJ Act, 2015, the Board is required to conduct a preliminary assessment only where a child alleged to have committed a heinous offence:
aHas completed or is above the age of fourteen years
bHas completed or is above the age of sixteen years
cIs below the age of sixteen years
dHas completed the age of eighteen years
Answer: B
Section 15 mandates a preliminary assessment only in case of a heinous offence allegedly committed by a child who has completed or is above sixteen years of age. A child below sixteen accused of a heinous offence can be tried only by the Board.
Which of the following is a condition precedent for filing a petition for divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act, 1955?
aThe parties must have been married for at least three years
bThe parties must have obtained prior permission of the District Court
cThe parties must have been living separately for a period of one year or more
dThe parties must have been living separately for a period of two years or more
Answer: C
Section 13B(1) requires that the parties have been living separately for a period of one year or more, that they have not been able to live together, and that they have mutually agreed that the marriage should be dissolved.
Under Section 16 of the Hindu Marriage Act, 1955, a child of a marriage which is null and void under Section 11:
ais legitimate only for the purpose of maintenance and not for succession
bis always illegitimate
cis legitimate only if a decree of nullity is obtained
dis legitimate, as if such child would have been legitimate had the marriage been valid
Answer: D
Section 16(1) provides that notwithstanding that a marriage is null and void under Section 11, any child of such marriage who would have been legitimate if the marriage had been valid shall be legitimate, whether or not a decree of nullity is granted.
Under Section 6 of the Hindu Succession Act, 1956, as amended by the Hindu Succession (Amendment) Act, 2005, the daughter of a coparcener in a Mitakshara joint family:
aacquires rights in coparcenary property only by way of succession on her father's death
bacquires coparcenary rights only if she is unmarried on the date of partition
cbecomes a coparcener by birth in her own right in the same manner as the son
dhas no right in the coparcenary property but only a right to maintenance
Answer: C
The amended Section 6 confers upon the daughter of a coparcener coparcenary status by birth in her own right in the same manner as the son, with the same rights and liabilities in the coparcenary property.
Under Section 24 of the Code of Civil Procedure, 1908, the power of transfer and withdrawal of suits, appeals or other proceedings may be exercised:
aby the High Court or District Court, on application of any party or of its own motion
bonly on the application of a party
conly by the Supreme Court
donly after notice to all parties in every case
Answer: A
Section 24 CPC empowers the High Court or the District Court, on the application of any party or of its own motion, and at any stage, to transfer or withdraw any suit, appeal or other proceeding pending before it.
Section 80 of the Code of Civil Procedure, 1908, requires that no suit shall be instituted against the Government or a public officer in respect of any act purporting to be done by him in his official capacity until the expiration of:
asixty days after such notice
btwo months after such notice
cthirty days after notice in writing has been delivered or left at the office
dninety days after such notice
Answer: B
Section 80(1) CPC mandates a two months' notice before instituting a suit against the Government or a public officer in respect of an act done in his official capacity.
Under Section 96 of the Code of Civil Procedure, 1908, which of the following is correct regarding a first appeal?
aAn appeal always lies from every original decree without exception
bNo appeal lies from a decree passed with the consent of parties
cAn appeal lies only from a preliminary decree and not from a final decree
dNo appeal lies from a decree in a suit of small cause nature whatever its value
Answer: B
Section 96(3) CPC bars an appeal from a decree passed by the court with the consent of parties, and Section 96(4) bars appeals (except on a question of law) in small-cause suits below the value notified.
Under Section 5 of the Probation of Offenders Act, 1958, a court releasing an offender under Section 3 or Section 4 may, if it thinks fit, additionally order him to pay:
aonly a fine to the State
bmaintenance to his dependants
ca fixed penalty of one thousand rupees
dcompensation for loss or injury caused by the offence and costs of the proceedings as the court thinks reasonable
Answer: D
Section 5(1) empowers the court to direct payment of (a) reasonable compensation for loss or injury caused by the offence and (b) reasonable costs of the proceedings.
Which of the following is NOT a statutory duty of a probation officer enumerated in Section 14 of the Probation of Offenders Act, 1958?
aTo supervise probationers and, where necessary, endeavour to find them suitable employment
bTo investigate the offence and file a charge-sheet against the accused
cTo inquire, in accordance with directions of a court, into the circumstances or home surroundings of any person accused of an offence
dTo advise and assist offenders in the payment of compensation or costs ordered by the court
Answer: B
Section 14 lists inquiry into home surroundings, supervision and finding employment, and assisting in payment of compensation/costs; investigation and charge-sheeting are police functions, not duties of a probation officer.
Under Section 34 of the Registration Act, 1908, before registering a document the registering officer is required to enquire into all of the following EXCEPT:
awhether the consideration recited in the document is adequate
bwhether the document was executed by the person by whom it purports to have been executed
cthe identity of the persons appearing before him and alleging execution
din the case of a representative or agent, the right of such person to appear
Answer: A
Section 34(3) requires enquiry into execution, identity of the executants, and the right of any representative or agent to appear; the registering officer has no duty to examine the adequacy of consideration.
Under the proviso to Section 34 of the Registration Act, 1908, where, owing to urgent necessity or unavoidable accident, the executants do not appear within the time allowed, the Registrar may direct registration where the delay in appearing does not exceed four months, on payment of a fine not exceeding ten times the proper registration fee, which fine is:
alimited to twice the registration fee
bin addition to the fine, if any, payable under Section 25
cin lieu of any fine payable under Section 25
dpayable only if no fine under Section 25 has been levied
Answer: B
The proviso to Section 34(1) makes the fine for delayed appearance (up to ten times the proper fee) payable in addition to any fine payable under Section 25 for delayed presentation.
Under Section 7 of the Arbitration and Conciliation Act, 1996, an arbitration agreement is in writing if it is contained in:
aa document signed by the parties only
ba document signed by the parties, or an exchange of letters/communications providing a record, or an exchange of statements of claim and defence in which its existence is alleged and not denied
cany agreement, whether written or oral, between the parties
dan oral agreement subsequently confirmed by conduct
Answer: B
Section 7(3) requires an arbitration agreement to be in writing, and Section 7(4) deems it to be in writing where it is in a signed document, an exchange of letters/telegrams or other means of communication providing a record, or an exchange of statements of claim and defence in which existence of the agreement is alleged by one party and not denied by the other.
Under Section 8 of the Arbitration and Conciliation Act, 1996, a judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement shall refer the parties to arbitration if a party so applies not later than:
athe date of submitting his first statement on the substance of the dispute
bthe framing of issues by the court
cthe date of the first hearing
dthirty days from the date of service of summons
Answer: A
Section 8(1), as amended, requires the applicant to seek reference not later than the date of submitting his first statement on the substance of the dispute, and the authority shall so refer unless it finds prima facie no valid arbitration agreement exists.
Where the State Government, with the concurrence of the Chief Justice of the High Court, by notification specifies a Court of Session to be a Special Court to try offences under the Act for one or more districts, such court is constituted under:
aSection 20 of the Act
bSection 11 of the Act
cSection 17 of the Act
dSection 14 of the Act
Answer: D
Section 14 empowers the State Government, with the concurrence of the Chief Justice of the High Court, to specify a Court of Session as a Special Court (or establish an Exclusive Special Court) for the speedy trial of offences under the Act.
Under Section 30 of the POCSO Act, 2012, in any prosecution requiring a culpable mental state on the part of the accused, the Special Court shall presume:
aThe existence of such mental state, leaving it to the accused to prove its absence beyond reasonable doubt
bThe absence of such mental state
cNothing, the prosecution must prove mens rea
dThat the accused is a juvenile
Answer: A
Section 30 directs the Special Court to presume the existence of the requisite culpable mental state, and it is a defence for the accused to prove the absence of such mental state beyond reasonable doubt.
Section 42 of the POCSO Act, 2012 provides that where an act or omission constitutes an offence both under this Act and under the Indian Penal Code (or the IT Act, 2000), the offender shall be liable to punishment under:
aThe Indian Penal Code alone
bBoth laws cumulatively
cThe POCSO Act alone in every case
dThat law which provides for punishment which is greater in degree
Answer: D
Section 42 mandates that where the same act is an offence under POCSO and another law, the offender is liable to the punishment greater in degree among the applicable laws.
Under the Rajasthan Rent Control Act, 2001, the maximum permissible term for which residential premises may be let out as a 'limited period tenancy' is:
aone year
bthree years
cfive years
dtwo years
Answer: B
Section 8 permits creation of a limited period tenancy of residential premises for a maximum period of three years.
Under the Rajasthan Rent Control Act, 2001, the expression 'premises' does NOT include:
aland let out for agricultural purposes
bthe gardens, grounds and out-houses appurtenant to a let-out building
ca building or part of a building let out for residential purposes
da building let out for commercial or business purposes
Answer: A
Section 2 defines 'premises' to cover buildings or parts thereof and appurtenant grounds let for residential or non-residential use, but expressly excludes land let out for agricultural purposes.
Q69Other Special/Local Acts (Electricity Act, Motor Vehicles Act)
Under Section 134 of the Motor Vehicles Act, 1988, the driver of a vehicle involved in an accident causing injury must report the accident to the nearest police station within:
aForty-eight hours
bTwenty-four hours
cTwelve hours
dSix hours
Answer: B
Section 134 of the Motor Vehicles Act, 1988 casts a duty on the driver to take reasonable steps to secure medical attention to the injured and to report the accident to the nearest police station within twenty-four hours of its occurrence.
Q70Other Special/Local Acts (Electricity Act, Motor Vehicles Act)
Under Section 149 of the Motor Vehicles Act, 1988 (as substituted by the 2019 Amendment), the duty cast upon the insurer in relation to claims before the Claims Tribunal is to:
aMake an offer of settlement to the claimant in the prescribed manner
bDeposit the entire claimed amount in advance
cCompulsorily defend every claim on merits
dRefer every claim to arbitration
Answer: A
Section 149, as substituted by the Motor Vehicles (Amendment) Act, 2019, requires the insurer to satisfy itself of the genuineness of the claim and make an offer of settlement to the claimant in such manner as may be prescribed.
In Damodar S. Prabhu v. Sayed Babalal H., AIR 2010 SC 1907, the Supreme Court laid down guidelines primarily relating to:
aThe procedure for proving electronic cheques
bMandatory grant of interim compensation in every Section 138 case
cThe graded costs payable on compounding of offences under Section 138 at different stages of the proceedings
dThe abolition of the presumption under Section 139
Answer: C
In Damodar S. Prabhu, the Supreme Court framed guidelines prescribing graded costs to encourage early compounding of offences under Section 138, with higher costs the later the compounding is sought.
Under Section 118 of the Negotiable Instruments Act, 1881, until the contrary is proved, which of the following presumptions is raised in relation to a negotiable instrument?
aThat every negotiable instrument was made or drawn without consideration
bThat every transfer was made after maturity
cThat every negotiable instrument was made or drawn for consideration
dThat the instrument was dishonoured before acceptance
Answer: C
Section 118(a) raises a presumption that every negotiable instrument was made or drawn for consideration; the burden of proving absence of consideration lies on the party alleging it.
A body corporate which is negligent in implementing reasonable security practices while handling sensitive personal data, thereby causing wrongful loss or wrongful gain, is liable to pay damages by way of compensation under which provision of the Information Technology Act, 2000?
aSection 66
bSection 43
cSection 72A
dSection 43A
Answer: D
Section 43A (inserted in 2008) makes a body corporate handling sensitive personal data liable to pay compensation for negligence in maintaining reasonable security practices. Section 43 deals with damage to computers generally.
Under the Information Technology Act, 2000, an intermediary shall not be liable for any third-party information, data or communication link made available or hosted by it, subject to the conditions prescribed, by virtue of:
aSection 84A
bSection 67C
cSection 79
dSection 69A
Answer: C
Section 79 provides a 'safe harbour' exempting intermediaries from liability for third-party content, provided they observe due diligence and the conditions specified in the section.
A Proclamation of Emergency issued under Article 352 of the Constitution on the ground of war, external aggression or armed rebellion must be laid before each House of Parliament and ceases to operate at the expiration of:
aone month unless approved by resolutions of both Houses
bsix months unless approved by resolutions of both Houses
cthree months unless approved by resolutions of both Houses
dtwo months unless approved by resolutions of both Houses
Answer: A
After the 44th Amendment, a Proclamation under Article 352 must be approved by both Houses within one month, failing which it ceases to operate; once approved it continues for six months at a time.
Disposal of seized narcotic drugs and psychotropic substances, including the drawing and certification of representative samples in the presence of and on the order of a Magistrate, is governed by which provision of the NDPS Act, 1985?
aSection 57
bSection 63
cSection 52A
dSection 41
Answer: C
Section 52A provides for the disposal of seized drugs and the procedure for preparation of an inventory and drawing of representative samples certified by the Magistrate, which then become primary evidence.
An officer who makes an arrest or seizure under the NDPS Act, 1985 is required, under Section 57, to make a full report of all the particulars of such arrest or seizure to his immediate official superior within:
aSeven days
b72 hours
c48 hours
d24 hours
Answer: C
Section 57 requires the officer making an arrest or seizure to make a full report to his immediate official superior within forty-eight hours next after such arrest or seizure.
A files a suit seeking a declaration that he is the owner of certain property, without any consequential relief. The limitation under Article 58 of the Limitation Act, 1963 is:
aThree years from the date when the right to sue first accrues.
bOne year from the date the cause of action arises.
cTwelve years from the date of accrual of title.
dSix years from the date of the alleged infringement.
Answer: A
Article 58 governs suits for a declaration (simpliciter) and prescribes three years from the date when the right to sue first accrues.
In computing the period of limitation for an appeal under Section 12 of the Limitation Act, 1963, which of the following is to be excluded:
aOnly the day from which the period is reckoned.
bNo period is excluded in computing limitation for an appeal.
cThe day on which the judgment was pronounced and the time requisite for obtaining a copy of the decree or order appealed from.
dOnly the time requisite for obtaining a copy of the judgment, and no other period.
Answer: C
Section 12 excludes the day from which the period is reckoned (day of pronouncement) and the time requisite for obtaining copies of the decree/order (and the judgment) appealed from.
A lessee is sued for ejectment on the ground of forfeiture for non-payment of rent. He pays into court the rent in arrears, together with interest and full costs of the suit, at the hearing. Under Section 114 of the Transfer of Property Act, 1882, the court:
aMust in every case pass a decree of ejectment
bMay grant relief only if the lessor consents in writing
cMay relieve the lessee against the forfeiture and order him to hold the property as if the forfeiture had not occurred
dHas no power to grant relief once forfeiture is incurred
Answer: C
Section 114 confers on the court a discretion to grant relief against forfeiture for non-payment of rent where the lessee pays or tenders the arrears, interest and costs at the hearing; the lessee then holds the property as if no forfeiture had occurred.
The maxim 'once a mortgage, always a mortgage', reflecting the mortgagor's right of redemption protected against any clog, is statutorily recognised in the Transfer of Property Act, 1882 in:
aSection 67
bSection 58
cSection 60
dSection 78
Answer: C
Section 60 confers on the mortgagor the right of redemption on payment of the mortgage-money. Any condition that fetters or clogs this right is void, embodying the maxim 'once a mortgage, always a mortgage'.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for an offence where investigation may extend to ninety days, the maximum period of police custody (in whole or in parts) that a Magistrate may authorise must be sought during the initial:
afifteen days of the detention
bsixty days of the detention
cninety days of the detention
dforty days of the detention
Answer: B
Under Section 187(3) BNSS the 15 days of police custody may be granted in whole or in parts but must be availed within the initial forty or sixty days of the total sixty-or ninety-day detention period; for a ninety-day-investigation offence it is the first sixty days.
Proceedings under Section 145 of the CrPC, 1973 (now Section 164 of the BNSS, 2023) relating to a dispute concerning land or water likely to cause a breach of the peace are initiated and decided by which authority?
athe Judicial Magistrate of the First Class
bthe Executive Magistrate
cthe Court of Session
dthe Sub-Divisional Civil Judge
Answer: B
Disputes as to immovable property likely to cause a breach of the peace are dealt with by the Executive Magistrate, who must record being satisfied of such likelihood; under the BNSS this corresponds to Section 164.
Where goods are sold by a person who is not their owner and who does not sell them under the authority or with the consent of the owner, the buyer, under the general rule in Section 27 of the Sale of Goods Act, 1930:
aAcquires title if he bought in good faith for value
bAcquires a good title free of all defects
cAcquires no better title to the goods than the seller had
dAcquires title only on payment of the full price
Answer: C
Section 27 embodies the maxim nemo dat quod non habet: a buyer from a non-owner acquires no better title than the seller had, subject to the exceptions specified in the Act.
Under Section 56 of the Indian Contract Act, 1872, an agreement to do an act impossible in itself is:
avoid
billegal
cvoidable at the option of the promisee
dvalid but unenforceable
Answer: A
The first paragraph of Section 56 declares that an agreement to do an act impossible in itself is void. In Satyabrata Ghose v. Mugneeram Bangur & Co. (AIR 1954 SC 44) the Supreme Court explained the practical scope of impossibility under this section.
The power to grant monetary relief to meet expenses incurred and losses suffered by the aggrieved person and any child as a result of domestic violence is conferred by which section of the Protection of Women from Domestic Violence Act, 2005?
aSection 22
bSection 20
cSection 19
dSection 18
Answer: B
Section 20 empowers the Magistrate to direct the respondent to pay monetary relief, including loss of earnings, medical expenses, loss due to destruction of property and maintenance. Section 22 separately deals with compensation for injuries including mental torture and emotional distress.
Which of the following is NOT one of the three essentials of a valid gift (hiba) under Muslim law?
aRegistration of an instrument of gift
bDelivery of possession of the subject of gift
cA declaration of gift by the donor
dAcceptance of the gift by the donee
Answer: A
The three essentials of a valid hiba are a declaration by the donor, acceptance by the donee, and delivery of possession. A registered instrument is not required for the validity of a hiba under Muslim personal law.
A right which the public or any considerable portion of it, by virtue of a local custom, has over immovable property otherwise than as appurtenant to any dominant heritage, is dealt with under Section 18 of the Indian Easements Act, 1882, as:
aA quasi-easement
bAn easement of necessity
cA prescriptive easement
dA customary easement
Answer: D
Section 18 recognises customary easements, i.e. easements acquired in virtue of a local custom and not necessarily appurtenant to a dominant heritage.
A institutes a suit for specific performance of a contract for sale against B. The court forms the opinion that specific performance ought not to be granted, but that the contract has been broken by B and A is entitled to compensation. Under Section 21 of the Specific Relief Act, 1963, the court:
aMay refer the parties to arbitration for assessment of compensation
bHas no power to award any compensation in a suit framed for specific performance
cShall award compensation in that very suit, guided by the principles of Section 73 of the Indian Contract Act, 1872
dMust dismiss the suit and direct A to file a fresh suit for compensation
Answer: C
Section 21 empowers the court, in a suit for specific performance, to award compensation for breach in addition to or in substitution of performance, determined per Section 73 of the Contract Act, avoiding a separate suit.
Under Section 22C of the Legal Services Authorities Act, 1987, a Permanent Lok Adalat shall NOT have jurisdiction in respect of:
aAny matter relating to an offence not compoundable under any law
bAny matter where the value of the property in dispute is below the prescribed ceiling
cAny dispute relating to a public utility service
dAny pre-litigation dispute referred by a party
Answer: A
Under the proviso to Section 22C(1), the Permanent Lok Adalat shall not have jurisdiction in respect of any matter relating to an offence not compoundable under any law, and also not where the value of the property in dispute exceeds the prescribed limit.
Under Section 175 of the Rajasthan Land Revenue Act, 1956, the term of every settlement made under the Act shall, ordinarily, be:
aTwenty years
bTen years
cThirty years
dFifteen years
Answer: A
Section 175 provides that the term of every settlement made under the Act shall be twenty years, subject to provisos permitting the State Government to extend or fix a shorter term in specified circumstances.
The marginal heading of Section 26 of the Rajasthan Court Fees and Suits Valuation Act, 1961 is:
aSuits for money
bSuits for injunction
cSuits for accounts
dAdoption suits
Answer: B
Section 26 of the Act is titled 'Suits for injunction' and prescribes how court fee is computed in suits seeking injunctive relief, while adoption suits fall under Section 25.
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