Telangana Judiciary Mock Test 1 — Questions & Solutions
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Under the Code of Civil Procedure, 1908, the Courts have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. This is provided in:
aSection 20
bSection 15
cSection 9
dSection 11
Answer: C
Section 9 CPC confers jurisdiction on civil courts to try all suits of a civil nature except those expressly or impliedly barred. Section 11 deals with res judicata, Section 15 with the court in which suits are to be instituted, and Section 20 with the place of suing.
Section 89 of the Code of Civil Procedure, 1908, which provides for settlement of disputes outside the court, does NOT include which of the following as a mode of settlement?
aArbitration
bPlea bargaining
cConciliation
dJudicial settlement including Lok Adalat
Answer: B
Section 89 CPC empowers the court to refer disputes to arbitration, conciliation, judicial settlement including settlement through Lok Adalat, or mediation. Plea bargaining is a concept of criminal procedure, not a mode of settlement under Section 89.
A plaintiff intends to sue the State Government in respect of an act purporting to be done by a public officer in his official capacity. As per Section 80 of the Code of Civil Procedure, 1908, no such suit shall ordinarily be instituted until the expiration of:
aTwo months after notice in writing
bSix months after notice in writing
cThree months after notice in writing
dOne month after notice in writing
Answer: A
Section 80 CPC mandates a two months' prior written notice before instituting a suit against the Government or a public officer in respect of an act done in his official capacity.
A defendant is about to dispose of his property with intent to obstruct or delay the execution of any decree that may be passed against him. Which provision of the Code of Civil Procedure, 1908 empowers the court to direct attachment of such property before judgment?
aOrder XXXIX Rule 1
bOrder XXI Rule 54
cOrder XXXVIII Rule 5
dOrder XL Rule 1
Answer: C
Order XXXVIII Rule 5 CPC provides for attachment before judgment where the defendant, with intent to obstruct or delay execution of a decree, is about to dispose of or remove his property from the local limits of the court's jurisdiction. Order XXXIX Rule 1 deals with temporary injunctions and Order XL Rule 1 with appointment of a receiver.
Under Section 100 of the Code of Civil Procedure, 1908, a second appeal to the High Court from an appellate decree lies only if the case involves:
aA question of fact only
bA substantial question of law
cA mixed question of law and fact in every case
dAny error apparent on the face of the record
Answer: B
Section 100 CPC permits a second appeal to the High Court only where the High Court is satisfied that the case involves a substantial question of law, which must be formulated. A second appeal does not lie on a mere question of fact.
An ex parte decree has been passed against a defendant. Under which provision of the Code of Civil Procedure, 1908 may the defendant apply to the court that passed the decree to set it aside?
aOrder IX Rule 6
bOrder IX Rule 13
cOrder IX Rule 9
dOrder IX Rule 7
Answer: B
Order IX Rule 13 CPC allows a defendant against whom an ex parte decree is passed to apply to have it set aside on showing that the summons was not duly served or that he was prevented by sufficient cause from appearing. Order IX Rule 9 deals with dismissal of a suit for the plaintiff's default.
Where a decree of a subordinate court is reversed in appeal, the court of first instance, on application, is bound to restore the parties to the position they would have occupied but for such decree. This doctrine of restitution is contained in:
aSection 47
bSection 114
cSection 151
dSection 144
Answer: D
Section 144 CPC embodies the doctrine of restitution, obliging the court to place the parties in the position they held before a decree was varied or reversed, founded on the maxim actus curiae neminem gravabit. Section 151 preserves inherent powers and Section 114 provides for review.
Which of the following statements regarding rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908 is INCORRECT?
aThe plaint shall be rejected where it does not disclose a cause of action.
bThe plaint shall be rejected where the suit appears from the statement in the plaint to be barred by any law.
cThe plaint shall be rejected where the relief claimed is undervalued and the valuation is not corrected within the time fixed by the court.
dRejection of a plaint under Order VII Rule 11 operates as a bar to the presentation of a fresh plaint on the same cause of action.
Answer: D
Order VII Rule 13 expressly provides that rejection of a plaint does not preclude the plaintiff from presenting a fresh plaint on the same cause of action. The grounds in options (a) to (c) are valid grounds for rejection under Order VII Rule 11.
The power of the High Court to call for the record of any case decided by a subordinate court in which no appeal lies, where the subordinate court appears to have exercised jurisdiction not vested in it, is known as the power of:
aReference under Section 113
bRevision under Section 115
cAppeal under Section 96
dReview under Section 114
Answer: B
Section 115 CPC confers revisional jurisdiction on the High Court over cases decided by subordinate courts in which no appeal lies, confined to jurisdictional errors. Section 113 deals with reference and Section 114 with review.
On the death of a sole defendant in a suit, where the right to sue survives, the procedure for bringing the legal representatives of the deceased defendant on record is governed by:
aOrder XXII Rule 3
bOrder XXII Rule 9
cOrder XXII Rule 4
dOrder I Rule 10
Answer: C
Order XXII Rule 4 CPC governs the procedure where one of several defendants or a sole defendant dies and the right to sue survives, providing for the legal representatives to be made parties. Order XXII Rule 3 deals with the death of a plaintiff.
Nothing in the Code of Civil Procedure, 1908 shall be deemed to limit or otherwise affect the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court. This is preserved by:
aSection 153
bSection 148
cSection 152
dSection 151
Answer: D
Section 151 CPC saves the inherent powers of the court to pass orders necessary for the ends of justice or to prevent abuse of process. Section 152 deals with amendment of clerical or arithmetical mistakes in judgments, decrees or orders.
Which of the following statements correctly reflects the scope of Order I Rule 10(2) of the Code of Civil Procedure, 1908?
aThe court may at any stage of the proceedings order that the name of a party improperly joined be struck out, or that any necessary or proper party be added.
bOnly the plaintiff, and never the court suo motu, may apply to add a party.
cA party once joined can never be struck out from the array of parties.
dThe provision applies only before the settlement of issues and not thereafter.
Answer: A
Order I Rule 10(2) CPC empowers the court, at any stage of the proceedings and even suo motu, to strike out a party improperly joined and to add any party whose presence is necessary or proper for effectual adjudication.
All questions arising between the parties to the suit in which the decree was passed and relating to the execution, discharge or satisfaction of the decree are to be determined by the executing court and not by a separate suit. This bar is contained in:
aOrder XXI Rule 58
bSection 60
cSection 38
dSection 47
Answer: D
Section 47 CPC requires all questions relating to the execution, discharge or satisfaction of a decree, arising between the parties to the suit, to be decided by the executing court and bars a separate suit. Section 60 deals with property liable to attachment in execution.
On the application of any party and after notice to the parties, the High Court or District Court may, at any stage, transfer any suit, appeal or other proceeding pending before it for trial or disposal to any court subordinate to it and competent to try it. This power of transfer is conferred by:
aSection 24
bSection 23
cSection 25
dSection 22
Answer: A
Section 24 CPC confers general power on the High Court and District Court to transfer or withdraw any suit, appeal or other proceeding to a competent subordinate court. Section 25 deals with the power of the Supreme Court to transfer suits from one State to another.
Where an appeal from an original or appellate decree or order is heard and decided by a single Judge of a High Court, the position under Section 100A of the Code of Civil Procedure, 1908 is that:
aA further appeal shall lie directly to the Supreme Court as of right.
bNo further appeal shall lie from the judgment and decree of such single Judge, notwithstanding anything in any Letters Patent.
cA further appeal shall lie only with the leave of the single Judge.
dA Letters Patent Appeal shall always lie to a Division Bench of the High Court.
Answer: B
Section 100A CPC, with its non-obstante clause overriding the Letters Patent, bars any further appeal from the judgment and decree of a single Judge who has heard and decided an appeal from an original or appellate decree or order.
Section 9 of the Code of Civil Procedure, 1908 lays down that the courts shall have jurisdiction to try all suits of a civil nature:
aonly with the prior leave of the High Court
bin every case, without any exception
cexcepting suits of which their cognizance is either expressly or impliedly barred
donly where the suit is expressly authorised by a statute
Answer: C
Section 9 confers jurisdiction on civil courts to try all suits of a civil nature except those whose cognizance is expressly or impliedly barred. The bar must be either express (by statute) or implied (by necessary intendment).
Section 10 of the Code of Civil Procedure, 1908 deals with:
aconsolidation of suits
bstay of suit (res sub judice)
cres judicata
dtransfer of suits
Answer: B
Section 10 bars the trial of a subsequently instituted suit where the matter in issue is directly and substantially in issue in a previously instituted suit between the same parties (res sub judice). Res judicata is dealt with separately under Section 11.
Under the Code of Civil Procedure, 1908, a suit for the recovery of immovable property, with or without rent or profits, shall be instituted in the court within the local limits of whose jurisdiction the property is situate. This is provided under:
aSection 20
bSection 16
cSection 21
dSection 15
Answer: B
Section 16 requires suits relating to immovable property (recovery, partition, foreclosure, sale, determination of any right or interest, etc.) to be instituted where the property is situate. Section 20 is the residuary forum provision for other suits.
The power of the court to add, strike out or substitute parties to a suit so as to enable it to effectually and completely adjudicate upon all questions involved is contained in:
aOrder VI Rule 17
bOrder II Rule 2
cOrder I Rule 10
dOrder XXII Rule 4
Answer: C
Order I Rule 10(2) empowers the court, at any stage of the proceedings, to add or strike out parties whose presence is necessary to effectually and completely adjudicate upon the questions in the suit. Order VI Rule 17 deals with amendment of pleadings.
Which of the following is NOT a ground on which a plaint may be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908?
aWhere the relief claimed is undervalued and the valuation is not corrected within the time fixed
bWhere the suit appears from the statement in the plaint to be barred by any law
cWhere the plaint does not disclose a cause of action
dWhere the defendant has a good defence on the merits to the suit
Answer: D
Order VII Rule 11 permits rejection of a plaint on grounds such as no cause of action, undervaluation, insufficient stamp not made good, and the suit being barred by law. The strength of the defendant's defence on merits is irrelevant to rejection under this rule.
Under the Bharatiya Sakshya Adhiniyam, 2023, the statement of a person who is dead as to the cause of his death (the dying declaration) is admissible under which section?
aSection 39
bSection 23
cSection 32
dSection 26
Answer: D
Section 26 of the BSA, 2023 (corresponding to Section 32 of the old Indian Evidence Act) makes relevant statements, written or verbal, of a person who is dead, including statements as to the cause of his death.
A is arrested for theft. While in police custody he states, 'I will show the place where I buried the stolen ornaments,' and the ornaments are recovered from that spot. Under the Bharatiya Sakshya Adhiniyam, 2023, how much of this information may be proved?
aSo much of the information as relates distinctly to the fact thereby discovered
bThe entire confessional statement, since it led to a recovery
cNothing, because it was made to a police officer
dOnly the part recorded in the presence of a Magistrate
Answer: A
The proviso to Section 23(2) of the BSA, 2023 (corresponding to Section 27 of the old Indian Evidence Act, 1872) allows only so much of the information as relates distinctly to the fact discovered to be proved, whether or not it amounts to a confession.
Under which section of the Bharatiya Sakshya Adhiniyam, 2023 is the opinion of a person specially skilled in foreign law, science, art, handwriting or finger impressions treated as a relevant fact?
aSection 46
bSection 39
cSection 41
dSection 45
Answer: B
Section 39 of the BSA, 2023 (corresponding to Section 45 of the old Indian Evidence Act) makes the opinion of experts on points of foreign law, science, art, handwriting or finger impressions relevant.
The doctrine of estoppel is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 115
bSection 119
cSection 124
dSection 121
Answer: D
Estoppel is dealt with by Section 121 of the BSA, 2023 (corresponding to Section 115 of the old Indian Evidence Act), with Sections 122 and 123 covering estoppel of tenant and of acceptor of a bill of exchange.
Under the Bharatiya Sakshya Adhiniyam, 2023, which section deals with the asking of leading questions?
aSection 143
bSection 148
cSection 141
dSection 146
Answer: D
Section 146 of the BSA, 2023 (corresponding to Sections 141-143 of the old Act) defines a leading question and provides that such questions may not be asked in examination-in-chief or re-examination, but are permitted in cross-examination.
Admissibility of electronic records is provided for under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 65B
bSection 62
cSection 61
dSection 63
Answer: D
Section 63 of the BSA, 2023 (corresponding to Section 65B of the old Indian Evidence Act) governs the admissibility of electronic records and the certificate requirement; Section 65B does not exist in the BSA's numbering.
Which of the following correctly states the position under the Bharatiya Sakshya Adhiniyam, 2023?
aNo fact of which the Court may take judicial notice need be proved
bOnly facts admitted in the pleadings need not be proved
cJudicial notice may be taken only with the consent of both parties
dFacts judicially noticeable must still be formally proved by oral evidence
Answer: A
Section 51 of the BSA, 2023 (corresponding to Section 56 of the old Act) provides that no fact of which the Court will take judicial notice need be proved; Section 52 enumerates the facts of which the Court shall take judicial notice.
Under the Bharatiya Sakshya Adhiniyam, 2023, primary evidence is defined in which section?
aSection 58
bSection 56
cSection 57
dSection 62
Answer: C
Section 57 of the BSA, 2023 (corresponding to Section 62 of the old Indian Evidence Act) defines primary evidence as the document itself produced for inspection; secondary evidence is defined in Section 58.
Under the Bharatiya Sakshya Adhiniyam, 2023, the Court may presume that the signature and every part of a document purporting to be in the handwriting of the person who executed it are genuine where the document is of what age?
aThirty years old
bTwelve years old
cForty years old
dTwenty years old
Answer: A
Section 92 of the BSA, 2023 (corresponding to Section 90 of the old Act) retains the presumption as to documents thirty years old produced from proper custody; a parallel presumption for electronic records five years old appears in Section 93.
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that the burden of proving a fact especially within the knowledge of a person is upon that person is contained in which section?
aSection 105
bSection 104
cSection 109
dSection 106
Answer: A
Section 105 of the BSA, 2023 (corresponding to Section 106 of the old Indian Evidence Act) provides that when any fact is especially within the knowledge of a person, the burden of proving that fact is upon him.
Under the Bharatiya Sakshya Adhiniyam, 2023, an accomplice is a competent witness and a conviction is not illegal if it proceeds upon his corroborated testimony. This rule is contained in which section?
aSection 133
bSection 139
cSection 138
dSection 124
Answer: C
Section 138 of the BSA, 2023 makes an accomplice a competent witness against an accused person and, as enacted, provides that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice (a change from the 'uncorroborated' wording of the repealed Section 133 of the Indian Evidence Act, 1872); read with illustration (b) to Section 119, the Court may presume an accomplice is unworthy of credit unless corroborated in material particulars.
Under the Bharatiya Nyaya Sanhita, 2023, where a group of five or more persons acting in concert commits murder on the ground of race, caste, community, sex, place of birth, language or personal belief, each member of such group shall be punished with death or imprisonment for life or imprisonment for a term which shall NOT be less than:
aseven years
bthree years
cten years
dfive years
Answer: A
Section 101(2) BNS, 2023 (the new 'mob lynching' provision) prescribes death, imprisonment for life, or imprisonment for a term not less than seven years for such a group murder.
A, intending to commit theft, suddenly and forcibly grabs a mobile phone from B's hand and runs away. Under the Bharatiya Nyaya Sanhita, 2023, A has committed the distinct offence of:
aSnatching under Section 302
bDacoity under Section 310
cExtortion under Section 308
dRobbery under Section 309
Answer: A
Section 302 BNS, 2023 introduces 'snatching' as a distinct offence where, to commit theft, the offender suddenly, quickly or forcibly seizes or grabs movable property; it is punishable with imprisonment up to three years and fine.
Which of the following is recognised as a form of punishment for the first time under Section 4 of the Bharatiya Nyaya Sanhita, 2023?
aCommunity service
bWhipping
cForfeiture of property
dSolitary confinement
Answer: A
Section 4(f) BNS, 2023 newly lists 'Community Service' as one of the punishments to which offenders are liable, a punishment not found in the Indian Penal Code, 1860.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of theft is defined in:
aSection 305
bSection 303
cSection 378
dSection 301
Answer: D
Section 301 BNS, 2023 defines theft as dishonestly moving movable property out of another's possession without consent; the corresponding IPC provision was Section 378.
When a criminal act is done by several persons in furtherance of the common intention of all, each is liable as if he did it alone. In the Bharatiya Nyaya Sanhita, 2023 this principle of joint liability is contained in:
aSection 3(5)
bSection 61
cSection 3(6)
dSection 34
Answer: A
The 'common intention' rule (formerly Section 34 IPC) is placed in Section 3(5) BNS, 2023 within the General Explanations chapter.
Under the Bharatiya Nyaya Sanhita, 2023, nothing is an offence which is done by a child below a certain age. That minimum age of absolute incapacity (doli incapax) is:
aTwelve years
bSix years
cSeven years
dTen years
Answer: C
Section 20 BNS, 2023 provides that nothing is an offence which is done by a child under seven years of age; Section 21 then deals with a child above seven and under twelve of immature understanding.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of cheating is defined in Section 316 and the simple punishment for cheating (without entrustment) is imprisonment which may extend to:
aThree years
bSeven years
cFive years
dOne year
Answer: A
Section 316(1) BNS, 2023 defines cheating and Section 316(2) punishes it with imprisonment of either description which may extend to three years, or fine, or both.
In calculating fractions of terms of punishment under the Bharatiya Nyaya Sanhita, 2023, imprisonment for life shall be reckoned as equivalent to imprisonment for:
aTwenty-five years
bTwenty years
cFourteen years
dThirty years
Answer: B
Section 6 BNS, 2023 provides that, for calculating fractions of terms of punishment, imprisonment for life is reckoned as equivalent to imprisonment for twenty years, unless otherwise provided.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, which Section requires that the information relating to the commission of a cognizable offence, when given orally to an officer in charge of a police station, be reduced to writing and read over to the informant?
aSection 154
bSection 176
cSection 173
dSection 175
Answer: C
Section 173 BNSS (corresponding to Section 154 CrPC) governs information in cognizable cases, requiring it to be reduced to writing, read over to the informant and signed. It also permits registration of such information irrespective of the area where the offence is committed (zero FIR).
A police officer arrests a person without a warrant for a cognizable offence punishable with imprisonment for a term which may be less than seven years. Under Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, what must the officer do where arrest is not required?
aRecord in writing the reasons for not making the arrest
bReport the matter to the Director General of Police within 24 hours
cRelease the person only on furnishing a personal bond before the Court
dObtain prior sanction of the Magistrate before declining to arrest
Answer: A
Section 35(7) BNSS (corresponding to Section 41 CrPC) requires the police officer to record in writing the reasons for not making the arrest where, for an offence punishable up to seven years, arrest is found unnecessary.
Which of the following statements regarding the arrest of a woman under Section 43 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is correct?
aA woman can be arrested at night only with the written consent of her husband
bA woman may be arrested at night by any male police officer if accompanied by a witness
cNo woman shall be arrested after sunset and before sunrise, save in exceptional circumstances, and where necessary, only with the prior permission of the Magistrate of the first class
dA woman may be arrested at any hour without any restriction
Answer: C
Section 43(5) BNSS provides that as a general rule no woman shall be arrested after sunset and before sunrise; in exceptional circumstances the woman police officer must obtain prior permission of the first class Magistrate of the local jurisdiction by a written report.
An order for maintenance of wives, children and parents under the Bharatiya Nagarik Suraksha Sanhita, 2023 may be passed by a Magistrate under:
aSection 148
bSection 125
cSection 144
dSection 152
Answer: C
Section 144 BNSS (corresponding to Section 125 CrPC) empowers a Magistrate of the first class to order a person of sufficient means to provide a monthly allowance for the maintenance of his wife, children or parents unable to maintain themselves.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an application for grant of anticipatory bail to a person apprehending arrest on accusation of a non-bailable offence is made under:
aSection 480
bSection 483
cSection 482
dSection 438
Answer: C
Section 482 BNSS (corresponding to Section 438 CrPC) provides for direction for grant of bail to a person apprehending arrest, i.e. anticipatory bail, by the High Court or the Court of Session.
Under Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an accused may file an application for plea bargaining within:
afifteen days from the date of arrest
bthirty days from the date of framing of the charge
cninety days from the date of taking cognizance
dsixty days from the date of the police report
Answer: B
Section 290 BNSS expressly provides that the accused shall file an application for plea bargaining within thirty days from the date of framing of charge in the Court in which the offence is pending trial — a change from the earlier CrPC scheme.
Which Section of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandates every State Government to prepare and notify a Witness Protection Scheme?
aSection 398
bSection 412
cSection 195
dSection 360
Answer: A
Section 398 BNSS is a new provision (without a CrPC equivalent) directing every State Government to prepare and notify a Witness Protection Scheme to ensure the protection of witnesses.
Under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the conduct of a search and seizure and the preparation of the list of seized articles shall be:
arecorded only in the case diary in the presence of two witnesses
breduced to writing and forwarded only to the Director of Prosecution
cattested only by the officer in charge of the police station
drecorded through any audio-video electronic means, preferably a mobile phone
Answer: D
Section 105 BNSS is a new provision requiring that the search, seizure and the signing of the list of seized articles by witnesses be recorded through audio-video electronic means, preferably a cell phone, and forwarded to the Magistrate without delay.
Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that a first-time offender, who has never been convicted of any offence, shall be released on bond by the Court after undergoing detention as an undertrial for:
aone-half of the maximum period of imprisonment specified for the offence
bthe entire maximum period of imprisonment specified for the offence
cone-fourth 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 introduces a relaxation: a first-time offender (never previously convicted) shall be released on bond after undergoing detention for one-third of the maximum period of imprisonment specified for that offence.
Under Section 196 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in which of the following situations is an inquiry into the cause of death by a Magistrate mandatory?
aDeath of a person in a private hospital due to natural causes
bDeath of any person by suicide outside police custody
cDeath caused by a road accident reported to the police
dDeath or disappearance of a person, or rape of a woman, while in the custody of the police
Answer: D
Section 196 BNSS (corresponding to Section 176 CrPC) makes a magisterial inquiry mandatory where a person dies or disappears, or a woman is alleged to have been raped, while in the custody of the police or other custody authorised by the Magistrate or Court.
Under Section 2(h) of the Indian Contract Act, 1872, a 'contract' is defined as:
aan agreement which is enforceable at the option of one party
ba proposal which has been accepted
can agreement enforceable by law
devery set of promises forming the consideration for each other
Answer: C
Section 2(h) defines a contract as 'an agreement enforceable by law'. An accepted proposal becomes a promise (S.2(b)), and a promise supported by consideration is an agreement (S.2(e)), but only an agreement enforceable by law is a contract.
A, a minor, mortgages his house in favour of B to secure a loan and later seeks to avoid the mortgage. As per the law laid down in Mohori Bibee v. Dharmodas Ghose, the agreement is:
avalid and binding on the minor
bvoid ab initio
cvoidable at the option of the minor
dvalid but enforceable only after the minor attains majority
Answer: B
Read with Section 11, a minor is not competent to contract, and the Privy Council in Mohori Bibee v. Dharmodas Ghose (1903) held that an agreement by a minor is void ab initio, not merely voidable.
A promises, for no consideration, to give B Rs. 1,000. There is no writing, no registration, no near relation, and B has done nothing for A. As per Section 25 of the Indian Contract Act, 1872, the agreement is:
avalid, as a gratuitous promise binds the promisor
bvoid, being an agreement without consideration
cvalid, if A had a moral obligation to pay
dvoidable at the option of B
Answer: B
Section 25 provides that an agreement made without consideration is void unless it falls within one of the three statutory exceptions (writing-and-registration for natural love and affection, compensation for a past voluntary act, or a written promise to pay a time-barred debt), none of which applies here.
Which one of the following agreements is NOT expressly declared void as being opposed to public policy or in restraint under the Indian Contract Act, 1872?
aAn agreement by way of wager (Section 30)
bAn agreement to compensate a person for a past voluntary act (Section 25)
cAn agreement in restraint of trade (Section 27)
dAn agreement in restraint of marriage of a person other than a minor (Section 26)
Answer: B
A promise to compensate a person who has already voluntarily done something for the promisor is a valid exception to want of consideration under Section 25(2), not a void agreement; Sections 26, 27 and 30 each declare the respective agreements void.
Section 28 of the Indian Contract Act, 1872 declares void every agreement which:
ais made without lawful consideration
bis by way of wager
cabsolutely restricts a party from enforcing his rights through ordinary legal proceedings or limits the time within which he may do so
drestrains the marriage of any person other than a minor
Answer: C
Section 28 renders void any agreement that absolutely restricts a party from enforcing his contractual rights by usual legal proceedings, or which limits the time within which he may do so. Restraint of marriage falls under Section 26 and wagering under Section 30.
A contracts to sing for B at a concert for Rs. 1,000, paid in advance. A is too ill to sing. With respect to the advance, which statement is correct under the Indian Contract Act, 1872?
aThe contract is voidable at the option of B only
bB must bear the loss as the impossibility was not A's fault
cThe contract remains valid and A is liable in damages for breach
dThe contract is void by reason of supervening impossibility under Section 56, and A must repay the Rs. 1,000
Answer: D
Under Section 56, a contract to do an act which afterwards becomes impossible by an event the promisor could not prevent becomes void when the act becomes impossible; this is the statutory illustration to that section, and the advance is recoverable.
Under Section 3 of the Limitation Act, 1963, where a suit is instituted after the prescribed period and the defendant does NOT raise the plea of limitation, the court:
acannot dismiss the suit unless limitation is specifically pleaded by the defendant
bmust refer the question of limitation to the High Court
cmust still dismiss the suit, as the bar of limitation operates even though it is not set up as a defence
dmay proceed with the suit but reduce the relief proportionately
Answer: C
Section 3 mandates that every suit, appeal or application instituted after the prescribed period shall be dismissed although limitation has not been set up as a defence.
The power to condone delay on showing 'sufficient cause' under Section 5 of the Limitation Act, 1963 is available to:
aappeals and applications, but NOT to suits, and it does not apply to applications under any provision of Order XXI of the Code of Civil Procedure
bapplications under Order XXI of the Code of Civil Procedure alone
csuits and appeals only
dsuits, appeals and all applications without exception
Answer: A
Section 5 permits admission of an appeal or application after the prescribed period for sufficient cause; it does not extend to suits and expressly excludes applications under any provision of Order XXI CPC.
Where the prescribed period for instituting a suit expires on a day when the court is closed, Section 4 of the Limitation Act, 1963 provides that the suit may be instituted:
aon the last working day immediately before the closure
bwithin thirty days after the court reopens
conly with the leave of the court for condonation of delay
don the day when the court reopens
Answer: D
Section 4 allows the suit, appeal or application to be instituted on the day the court reopens when the prescribed period expires on a day the court is closed.
A debtor signs a written acknowledgment of his liability before the expiry of the prescribed period. Under Section 18 of the Limitation Act, 1963, the effect of such acknowledgment is that:
athe acknowledgment has no effect unless made before a court
ba fresh period of limitation begins to be computed from the time the acknowledgment was signed
cthe right to sue is extinguished altogether
dthe running of limitation is suspended for one year only
Answer: B
Under Section 18, a written acknowledgment of liability signed before the prescribed period expires causes a fresh period of limitation to be computed from the time of the acknowledgment.
Under Section 13 of the Negotiable Instruments Act, 1881, the expression 'negotiable instrument' means and includes:
aa promissory note, bill of exchange or cheque payable either to order or to bearer
bany document which entitles the holder to receive money from a bank
conly a cheque drawn on a specified banker payable on demand
donly a promissory note and a bill of exchange
Answer: A
Section 13(1) defines a negotiable instrument as a promissory note, bill of exchange or cheque payable either to order or to bearer. The three named instruments are exhaustive of the statutory definition.
As per Section 6 of the Negotiable Instruments Act, 1881, the definition of 'cheque' includes:
aa demand draft issued by a banker on its own branch
ba bill of exchange drawn on any person payable otherwise than on demand
ca promissory note payable on demand to a banker
dthe electronic image of a truncated cheque and a cheque in the electronic form
Answer: D
Section 6 defines a cheque as a bill of exchange drawn on a specified banker, not expressed to be payable otherwise than on demand, and expressly includes the electronic image of a truncated cheque and a cheque in the electronic form (inserted by the 2002 amendment).
A draws a cheque on a specified banker. Under Section 5 of the Negotiable Instruments Act, 1881, a 'bill of exchange' differs from a cheque chiefly in that:
aa bill of exchange need not be in writing
ba bill of exchange may be drawn on any person and is not confined to being payable on demand, whereas a cheque is always drawn on a banker and payable on demand
ca bill of exchange cannot be made payable to bearer
da bill of exchange does not require the signature of the maker
Answer: B
Section 5 defines a bill of exchange as an instrument in writing containing an unconditional order to pay, directing a certain person to pay; a cheque (Section 6) is a species of bill of exchange always drawn on a banker and payable on demand.
Under the proviso to Section 138 of the Negotiable Instruments Act, 1881, within what period must the payee make a demand in writing on the drawer after receiving information from the bank regarding return of the cheque as unpaid?
aWithin fifteen days of the receipt of information
bWithin one month of the date of the cheque
cWithin forty-five days of the receipt of information
dWithin thirty days of the receipt of information
Answer: D
Clause (b) of the proviso to Section 138 requires the payee or holder in due course to make a written demand for payment within thirty days of receiving information from the bank about the dishonour.
After a valid notice of demand is served under Section 138 of the Negotiable Instruments Act, 1881, the cause of action to file a complaint arises only if the drawer fails to make payment within:
aseven days of the receipt of the notice
bthirty days of the receipt of the notice
cfifteen days of the receipt of the notice
done month of the receipt of the notice
Answer: C
Clause (c) of the proviso to Section 138 gives the drawer fifteen days from receipt of the notice to make payment; the offence is completed and the cause of action arises only on failure to pay within that period.
Under Section 6(a) of the Transfer of Property Act, 1882, the chance of an heir-apparent succeeding to an estate (spes successionis):
amay be transferred only with the consent of the present holder of the estate
bcannot be transferred
cmay be transferred if supported by valuable consideration
dmay be transferred only after the death of the present holder
Answer: B
Section 6(a) expressly bars the transfer of a mere spes successionis (the chance of an heir-apparent or a relation obtaining a legacy), as it is not 'property' capable of transfer.
A, professing to transfer certain land to B for consideration, fraudulently represents that he is the owner although he is not. A later acquires title to that land. As per Section 43 of the Transfer of Property Act, 1882, at the option of B:
athe transfer operates on any interest which A subsequently acquires in the land, so long as the contract subsists
bthe transfer is void and B can only recover the consideration paid
cB must institute a fresh suit for specific performance to claim the property
dthe transfer is valid only if A's after-acquired title is registered afresh in B's name
Answer: A
Section 43 embodies 'feeding the grant by estoppel'; where a person erroneously or fraudulently represents authority to transfer and later acquires an interest, that interest feeds the transfer at the transferee's option, provided the contract of transfer still subsists.
In Jumma Masjid, Mercara v. Kodimaniandra Deviah, AIR 1962 SC 847, the Supreme Court held that between Section 6(a) and Section 43 of the Transfer of Property Act, 1882:
aSection 6(a) overrides Section 43 in every case of transfer of a spes successionis
bboth provisions apply only to gratuitous transfers
cSection 43 applies only where the transferee knew of the transferor's want of title
dthere is no conflict; Section 6(a) lays down a rule of substantive law while Section 43 enacts a rule of estoppel for the protection of an innocent transferee for consideration
Answer: D
The Court reconciled the two provisions: Section 6(a) is a rule of substantive law barring transfer of a bare chance of succession, whereas Section 43 protects a transferee for consideration who was misled by the transferor's representation of title.
A transfers a farm to B on condition that B shall murder C. As per Section 25 of the Transfer of Property Act, 1882, the interest created in favour of B is:
avoidable at the option of A
bvalid and binding on B
cvoid, as the condition is forbidden by law and opposed to public policy
dvalid, but the condition alone is void
Answer: C
Under Section 25, an interest dependent upon a condition fails if the fulfilment of the condition is impossible, forbidden by law, fraudulent, injurious to person or property, or immoral or opposed to public policy.
A practising advocate with eight years at the Bar, not already in the service of the Union or the State, seeks direct appointment as a District Judge in Telangana. Under Article 233 of the Constitution, such appointment can be made by:
aThe President of India in consultation with the Chief Justice of India
bThe State Public Service Commission after a competitive examination
cThe High Court for the State of Telangana on its own
dThe Governor of the State in consultation with the High Court exercising jurisdiction in relation to the State
Answer: D
Article 233(1) provides that appointment, posting and promotion of district judges is made by the Governor in consultation with the High Court; under Article 233(2) an advocate of not less than seven years recommended by the High Court is eligible for direct appointment.
The control over district courts and courts subordinate thereto, including the posting and promotion of, and grant of leave to, persons holding posts inferior to that of a District Judge, is vested by the Constitution in:
aThe Governor of the State
bThe District and Sessions Judge of the concerned district
cThe State Government through its Law Department
dThe High Court
Answer: D
Article 235 vests in the High Court exclusive control over district courts and subordinate courts, a cornerstone of judicial independence; appointment and promotion to the post of District Judge itself is separately governed by Article 233.
A person is detained by the police and his relatives wish to challenge the legality of the detention before the High Court. The most appropriate writ to be sought for production of the detenu and testing the lawfulness of his custody is:
aHabeas corpus
bCertiorari
cQuo warranto
dMandamus
Answer: A
A writ of habeas corpus commands the authority detaining a person to produce him before the court and justify the detention; it is the appropriate remedy against illegal detention under Article 226 (or Article 32).
Which one of the following correctly states the difference between the writ jurisdiction of the High Court and that of the Supreme Court?
aThe High Court can issue writs only for enforcement of fundamental rights, while the Supreme Court can issue them for any purpose
bBoth courts can issue writs only for enforcement of fundamental rights
cOnly the Supreme Court can issue a writ of habeas corpus
dThe Supreme Court can issue writs only for enforcement of fundamental rights, while the High Court can issue writs for enforcement of fundamental rights as well as for any other purpose
Answer: D
Article 32 confines the Supreme Court's writ power to enforcement of Part III rights, whereas Article 226 empowers a High Court to issue writs for enforcement of fundamental rights 'and for any other purpose', making its jurisdiction wider.
Under Section 2(a) of the Protection of Women from Domestic Violence Act, 2005, the expression "aggrieved person" means:
aany woman who is married and has filed a complaint under Section 498A of the Penal Code
bany person, whether male or female, subjected to violence within a shared household
conly a legally wedded wife who is residing in the matrimonial home
dany woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence
Answer: D
Section 2(a) defines an aggrieved person as any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence. The protection is confined to women.
The authority empowered to appoint Protection Officers under Section 8 of the Protection of Women from Domestic Violence Act, 2005 is:
athe High Court of the State
bthe State Government
cthe District Magistrate of each district
dthe Central Government
Answer: B
Section 8 provides that the State Government shall, by notification, appoint such number of Protection Officers in each district as it may consider necessary.
In Hiral P. Harsora v. Kusum Narottamdas Harsora (2016), the Supreme Court, while interpreting the definition of "respondent" under Section 2(q) of the Protection of Women from Domestic Violence Act, 2005, held that:
aa female relative of the husband can never be made a respondent
bonly a husband or male partner can be proceeded against under the Act
cthe definition of respondent includes the aggrieved woman's own parents
dthe words "adult male" in the definition are unconstitutional and are struck down
Answer: D
In Hiral P. Harsora v. Kusum Narottamdas Harsora (2016) the Supreme Court struck down the words "adult male" from Section 2(q), so a respondent may now include female relatives as well.
Which of the following is NOT listed in the Explanation to Section 3 of the Protection of Women from Domestic Violence Act, 2005 as a category of "domestic violence"?
aphysical abuse
beconomic abuse
cjudicial abuse
dsexual abuse
Answer: C
The Explanation to Section 3 enumerates physical abuse, sexual abuse, verbal and emotional abuse, and economic abuse. "Judicial abuse" is not a recognised category.
"A", the owner of a shop, is forcibly dispossessed by "B" without his consent and otherwise than in due course of law. "A" wishes to recover possession by a summary suit under Section 6 of the Specific Relief Act, 1963 without proving title. Within what period must such suit be instituted?
aWithin six months from the date of dispossession
bWithin three years from the date of dispossession
cWithin twelve years from the date of dispossession
dWithin one year from the date of dispossession
Answer: A
Section 6(2)(a) of the Specific Relief Act, 1963 bars a suit under Section 6 if brought after the expiry of six months from the date of dispossession; clause (b) further bars such a suit against the Government.
A decree or order passed in a suit instituted under Section 6 of the Specific Relief Act, 1963 (suit by person dispossessed) is:
aAppealable but not reviewable
bReviewable but not appealable
cNeither appealable nor reviewable
dBoth appealable and reviewable
Answer: C
Section 6(3) expressly provides that no appeal shall lie from any order or decree passed in a Section 6 suit, nor shall any review of such order or decree be allowed; the only further remedy is a regular title suit under Section 6(4).
After the Specific Relief (Amendment) Act, 2018 came into force, the grant of specific performance of a contract under Section 10 of the Act is:
aTo be enforced by the court subject to Sections 11(2), 14 and 16, and is no longer merely discretionary
bBarred unless damages are first shown to be inadequate
cAvailable only where the plaintiff has paid the entire consideration
dPurely within the discretion of the court even if the contract is lawful
Answer: A
The 2018 amendment substituted Section 10 so that specific performance "shall be enforced by the court" subject to Sections 11(2), 14 and 16, converting it from a discretionary remedy into a general rule.
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, a 'child' is defined as a person who has not completed:
asixteen years of age
bfifteen years of age
ceighteen years of age
dtwenty-one years of age
Answer: C
Section 2(12) of the Act defines 'child' as a person who has not completed eighteen years of age, covering both a child in conflict with law and a child in need of care and protection.
Under Section 2(33) of the Juvenile Justice (Care and Protection of Children) Act, 2015, a 'heinous offence' means an offence for which the:
amaximum punishment under any law in force is imprisonment between three and seven years
bminimum punishment under any law in force is imprisonment for seven years or more
cmaximum punishment under any law in force is imprisonment of seven years or more
dminimum punishment under any law in force is imprisonment for three years or more
Answer: B
Section 2(33) defines a heinous offence as one for which the minimum punishment under the IPC or any other law in force is imprisonment for seven years or more.
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, an offence for which the maximum punishment is imprisonment between three and seven years is classified as a:
acognizable offence
bpetty offence
cheinous offence
dserious offence
Answer: D
Section 2(54) defines a 'serious offence' as one for which the punishment under the IPC or any other law in force is imprisonment between three and seven years; petty offences carry up to three years and heinous offences a minimum of seven years.
Where a Hindu marriage is solemnised with rites that include the Saptapadi, the marriage becomes complete and binding under Section 7(2) of the Hindu Marriage Act, 1955:
awhen the bride and bridegroom exchange garlands
bwhen the kanyadaan is performed by the bride's father
cwhen the seventh step is taken before the sacred fire
dwhen the marriage is registered under Section 8
Answer: C
Section 7(2) provides that where the rites include Saptapadi, the marriage becomes complete and binding when the seventh step is taken jointly before the sacred fire.
A Hindu marriage solemnised after the commencement of the Act is null and void under Section 11 of the Hindu Marriage Act, 1955 only if it contravenes:
aclauses (ii) and (iii) of Section 5
bclauses (i), (iv) and (v) of Section 5
cany of the conditions in clauses (i) to (vi) of Section 5
dclauses (iii), (iv) and (v) of Section 5
Answer: B
Section 11 declares a marriage void only if it contravenes clause (i) (spouse living), clause (iv) (prohibited degrees) or clause (v) (sapindas) of Section 5.
Under Section 15 of the Hindu Succession Act, 1956, in the absence of any son, daughter or children of a predeceased son or daughter, upon whom does the property of a female Hindu dying intestate devolve first?
aUpon the heirs of the mother
bUpon the heirs of the father
cUpon the heirs of the husband
dUpon the mother and father
Answer: C
Under Section 15(1), the property of a female Hindu devolves firstly on her sons, daughters (and children of predeceased son/daughter) and husband; in their absence, secondly upon the heirs of the husband. Only thereafter does it pass to the mother and father.
Under the proviso to Section 15(2) of the Hindu Succession Act, 1956, property inherited by a female Hindu from her father or mother, in the absence of any son or daughter of the deceased (including children of a predeceased son or daughter), devolves upon:
athe heirs of the husband
bthe heirs of the mother
cthe heirs of the father
dthe State by escheat
Answer: C
Section 15(2)(a) provides that property a female Hindu inherited from her father or mother devolves, failing her own children and their issue, not on the general Section 15(1) heirs but upon the heirs of the father.
Under Section 3 of the Registration Act, 1908, the Inspector-General of Registration who superintends the registration establishment for the State of Telangana is appointed by:
athe State Government
bthe Comptroller and Auditor-General
cthe High Court for the State of Telangana
dthe Central Government
Answer: A
Section 3 empowers the State Government to appoint a person to be the Inspector-General of Registration for the territories subject to its administration; it may also direct that an existing officer hold that post.
Which of the following non-testamentary instruments must be COMPULSORILY registered under Section 17(1) of the Registration Act, 1908?
aA will
bAn instrument of gift of immovable property
cA lease of immovable property from month to month
dA document acknowledging receipt of money not creating any interest in immovable property
Answer: B
Section 17(1)(a) makes registration compulsory for instruments of gift of immovable property irrespective of value. Wills are optional (Section 18) and not all leases or mere receipts fall within Section 17.
Under Section 5 of the Telangana Land Encroachment Act, 1905, in respect of an unauthorized occupation of ASSESSED land, the penalty leviable in addition to assessment is:
aa sum not exceeding ten rupees, or, where twenty times the annual assessment exceeds ten rupees, a sum not exceeding twenty times such assessment
ba sum not exceeding five rupees, or, where ten times the annual assessment exceeds five rupees, a sum not exceeding ten times such assessment
ca fixed sum equal to five times the annual assessment in every case
da sum not exceeding fifty rupees in the discretion of the Collector
Answer: B
Section 5(i) fixes the penalty for assessed land at not more than five rupees, or up to ten times the annual assessment where that exceeds five rupees; option (b) is the rule for unassessed land under Section 5(ii).
Under Section 2 of the Telangana Excise Act, 1968, the expression "intoxicant" is defined to mean:
aonly any liquor as defined in the Act
bany liquor or any intoxicating drug as defined in the Act, and it includes gulmohwa (mohwa flower)
conly any intoxicating drug as defined in the Act
dany spirituous preparation fit for human consumption other than medicinal preparations
Answer: B
Section 2(19) defines "intoxicant" as any liquor as defined in clause (21) or any intoxicating drug as defined in clause (20), and includes gulmohwa, that is, mohwa flower.
Under Section 3 of the Telangana Gaming Act, 1974 (as amended by Act No. 29 of 2017), a person who opens, keeps or operates a common gaming house is, for the first offence, liable to imprisonment which may extend to:
athree months and fine which may extend to two thousand rupees
bone year and fine which may extend to five thousand rupees
ctwo years and fine which may extend to ten thousand rupees
dsix months and fine which may extend to one thousand rupees
Answer: B
Section 3(1)(i) prescribes, for the first offence of opening/keeping/operating a common gaming house, imprisonment up to one year and fine up to five thousand rupees (with a minimum of three months and three thousand rupees absent special reasons recorded in writing).
The Criminal Rules of Practice and Circular Orders, 1990 (applicable in Telangana) were framed by the High Court in exercise of the powers conferred by Article 227 of the Constitution read with which provision of the Code of Criminal Procedure, 1973?
aSection 437
bSection 482
cSection 477
dSection 320
Answer: C
The preamble to the Criminal Rules of Practice and Circular Orders, 1990 records that the rules are made under Article 227 of the Constitution and Section 477 of the Code of Criminal Procedure, 1973, which empowers the High Court to make rules for subordinate criminal courts.
Under Section 4 of the Indian Easements Act, 1882, the land for the beneficial enjoyment of which an easement exists is called the:
aencumbered heritage
bservient heritage
cdominant heritage
dsubservient tenement
Answer: C
Section 4 defines an easement and states that the land for the beneficial enjoyment of which the right exists is the dominant heritage and its owner the dominant owner; the land on which the liability is imposed is the servient heritage.
Under Section 11 of the Hindu Adoptions and Maintenance Act, 1956, where a Hindu male adopts a female child who is not his own kin, the adoptive father must be older than the child to be adopted by at least:
aTwenty-one years
bFifteen years
cTwenty-five years
dEighteen years
Answer: A
Section 11(iii) requires that where the adoption is of a daughter by a male, the adoptive father must be at least twenty-one years older than the person to be adopted. The same 21-year gap applies under Section 11(iv) where a female adopts a son.
Q100Telangana Buildings (Lease, Rent & Eviction) Control Act 1960
Under Section 3 of the Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960, within what period of the building becoming vacant must a landlord give notice of the vacancy in writing to the authorised officer / Controller?
aWithin thirty days
bWithin ten days
cWithin seven days
dWithin fifteen days
Answer: B
Section 3 requires every landlord to give written notice of the vacancy within ten days after the building becomes vacant. Failure to give the notice attracts penal consequences under the Act.
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