Telangana Judiciary Mock Test 2 — Questions & Solutions
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Under Order VIII Rule 1 of the Code of Civil Procedure, 1908 (as amended), the defendant shall, at or before the first hearing or within such time as the court may permit, present a written statement of his defence within a maximum period of:
aone hundred and twenty days from the date of service of summons
bsixty days from the date of service of summons
cninety days from the date of service of summons
dthirty days from the date of service of summons
Answer: C
Order VIII Rule 1 requires the written statement to be filed within thirty days, extendable for recorded reasons up to a maximum of ninety days from the date of service of summons. (For commercial suits the outer limit of 120 days is mandatory and absolute.)
A suit is decreed ex parte against the defendant. Under Order IX Rule 13 of the Code of Civil Procedure, 1908, the defendant may apply to set aside the ex parte decree by showing that:
athe summons was not duly served, or he was prevented by sufficient cause from appearing
bfresh evidence has subsequently become available
cthe decree is erroneous on a point of law only
dthe decretal amount is excessive
Answer: A
Order IX Rule 13 allows an ex parte decree to be set aside where the defendant satisfies the court that the summons was not duly served or that he was prevented by sufficient cause from appearing when the suit was called on for hearing. The limitation for such an application is thirty days under Article 123 of the Limitation Act, 1963.
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 shall be determined by the executing court and not by a separate suit. This rule is contained in:
aSection 38 of the CPC
bSection 47 of the CPC
cSection 60 of the CPC
dSection 51 of the CPC
Answer: B
Section 47 mandates that all questions relating to the execution, discharge or satisfaction of a decree, arising between the parties to the suit, be decided by the executing court itself, barring a separate suit on such questions.
Which of the following is exempt from attachment in execution of a decree under the proviso to Section 60 of the Code of Civil Procedure, 1908?
aHouses and other buildings belonging to a trader
bShares in a company held by the judgment-debtor
cMoney standing to the credit of the judgment-debtor in a bank
dTools of artisans and, in the case of an agriculturist, his implements of husbandry
Answer: D
The proviso to Section 60(1) exempts certain particulars from attachment and sale, including the tools of artisans and, in the case of an agriculturist, his implements of husbandry and such cattle and seed-grain as are necessary to earn a livelihood.
No suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done in his official capacity until the expiration of two months' notice. This requirement is found in:
aSection 91 of the CPC
bSection 79 of the CPC
cSection 80 of the CPC
dSection 82 of the CPC
Answer: C
Section 80 mandates a prior notice of two months before instituting a suit against the Government or a public officer for acts done in official capacity. Section 79 deals with how the State is named as a party.
Where it appears to the court that there exist elements of a settlement which may be acceptable to the parties, the court may formulate the terms and refer the dispute for arbitration, conciliation, judicial settlement or mediation. This power is conferred by:
aSection 75 of the CPC
bSection 89 of the CPC
cSection 94 of the CPC
dSection 96 of the CPC
Answer: B
Section 89, read with Order X Rules 1A to 1C, empowers the court to refer disputes to alternative dispute resolution mechanisms — arbitration, conciliation, judicial settlement including Lok Adalat, or mediation — where elements of settlement exist.
A suit instituted under Order XXXVII (Summary Procedure) of the Code of Civil Procedure, 1908 requires the defendant, within ten days of service of the summons for judgment, to:
aappeal against the institution of the summary suit
bapply for leave to defend, which leave the court may grant unconditionally or on terms
cfile a regular written statement as of right
ddeposit the entire suit amount into court
Answer: B
Under Order XXXVII Rule 3, the defendant must, within ten days of service of the summons for judgment, apply for leave to defend; leave may be granted unconditionally or upon terms. If leave is not sought or is refused, the plaintiff becomes entitled to judgment.
An order directing attachment of property before judgment, where the defendant is about to dispose of his property to obstruct or delay execution of a decree, may be passed under:
aOrder XXXVIII Rule 5
bOrder XXXIX Rule 1
cOrder XL Rule 1
dOrder XXI Rule 54
Answer: A
Order XXXVIII Rule 5 empowers the court to direct attachment before judgment where the defendant, with intent to obstruct or delay execution of any decree that may be passed, is about to dispose of or remove his property from the court's jurisdiction. Order XXXIX deals with temporary injunctions.
Where a suit has been adjusted wholly or in part by a lawful agreement or compromise in writing and signed by the parties, the court shall record the compromise and pass a decree in accordance therewith. This is provided under:
aOrder XX Rule 6
bOrder XXVI Rule 1
cOrder XXII Rule 3
dOrder XXIII Rule 3
Answer: D
Order XXIII Rule 3 deals with compromise of suits: where a suit is adjusted by a lawful agreement or compromise in writing and signed by the parties, the court records it and passes a decree accordingly. The proviso requires the court to decide any dispute as to whether such an adjustment has been arrived at.
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 saving is contained in:
aSection 141 of the CPC
bSection 151 of the CPC
cSection 153 of the CPC
dSection 148 of the CPC
Answer: B
Section 151 saves the inherent powers of the court to pass orders necessary for the ends of justice or to prevent abuse of process. Section 148 deals with enlargement of time, and Section 153 with general power of amendment.
Under the Code of Civil Procedure, 1908, the right to lodge a caveat in a suit or proceeding instituted, or about to be instituted, is conferred by:
aSection 148A
bSection 148
cSection 151
dSection 149
Answer: A
Section 148A CPC confers the right to lodge a caveat on any person claiming a right to appear before the Court on the hearing of an application that has been, or is expected to be, made. The caveat remains in force for ninety days from the date it was lodged.
A caveat lodged under Section 148A of the Code of Civil Procedure, 1908, unless an application is made in the meanwhile, shall NOT remain in force after the expiry of:
a90 days from the date on which it was lodged
b30 days from the date on which it was lodged
c120 days from the date on which it was lodged
d60 days from the date on which it was lodged
Answer: A
Section 148A(5) CPC provides that a caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged, unless the application referred to in sub-section (1) has been made before that period expires.
Which of the following sections of the Code of Civil Procedure, 1908 empowers a Court to settle a dispute outside the Court by referring it to arbitration, conciliation, judicial settlement including Lok Adalat, or mediation?
aSection 94
bSection 104
cSection 89
dSection 80
Answer: C
Section 89 CPC enables the Court, where it appears that elements of a settlement exist, to formulate the terms and refer the dispute for arbitration, conciliation, judicial settlement including settlement through Lok Adalat, or mediation.
Under Order VIII Rule 1 of the Code of Civil Procedure, 1908, the defendant shall ordinarily present his written statement within thirty days of service of summons, but the Court may, for reasons recorded in writing, allow it to be filed on a later day NOT later than:
a150 days from the date of service of summons
b90 days from the date of service of summons
c60 days from the date of service of summons
d120 days from the date of service of summons
Answer: B
The proviso to Order VIII Rule 1 CPC permits filing of the written statement beyond thirty days only on a day specified by the Court for recorded reasons, which shall not be later than ninety days from the date of service of summons.
An application to set aside a decree passed ex parte against a defendant is provided for under which provision of the Code of Civil Procedure, 1908?
aOrder IX Rule 13
bOrder IX Rule 6
cOrder IX Rule 9
dOrder XVII Rule 3
Answer: A
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 summons was not duly served or that he was prevented by sufficient cause from appearing. Rule 9 deals with dismissal of a suit for plaintiff's default.
Which of the following property is NOT exempt from attachment and sale in execution of a decree under the proviso to Section 60 of the Code of Civil Procedure, 1908?
aNecessary wearing-apparel and cooking vessels of the judgment-debtor
bTools of artisans
cShares in a corporation belonging to the judgment-debtor
dPersonal ornaments which a married woman cannot part with according to religious usage
Answer: C
Shares in a corporation are expressly listed as attachable property in the main part of Section 60(1) CPC. The proviso exempts items such as wearing-apparel, cooking vessels, artisans' tools, and certain religious ornaments.
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, shall be determined by the Court executing the decree and NOT by a separate suit. This is provided in:
aSection 51
bOrder XXI Rule 58
cSection 38
dSection 47
Answer: D
Section 47 CPC mandates that questions relating to the execution, discharge or satisfaction of the decree between the parties be decided by the executing Court itself, barring a separate suit on such questions.
Where and to the extent that a decree or order is varied or reversed in any appeal, revision or other proceeding, the Court which passed the decree or order shall, on application, cause restitution to be made. This power of the Court to grant restitution is contained in:
aSection 152
bSection 141
cSection 151
dSection 144
Answer: D
Section 144 CPC embodies the doctrine of restitution, requiring the Court of first instance, on application, to place the parties in the position they would have occupied but for the decree that has since been varied or reversed.
Under Section 24 of the Code of Civil Procedure, 1908, the general power of transfer and withdrawal of any suit, appeal or other proceeding pending before a subordinate Court may be exercised by:
aThe High Court or the District Court
bOnly the District Court
cOnly the Court of Small Causes
dOnly the Supreme Court
Answer: A
Section 24 CPC confers on the High Court or the District Court the general power, on application of a party or suo motu, to transfer or withdraw any suit, appeal or other proceeding pending in a subordinate Court.
A second appeal to the High Court under Section 100 of the Code of Civil Procedure, 1908, lies only:
aOnly with the prior leave of the Supreme Court
bOn any question of fact decided wrongly by the first appellate court
cIf the case involves a substantial question of law
dWhenever the value of the subject matter exceeds rupees two lakhs
Answer: C
Section 100 CPC provides that a second appeal lies to the High Court only if it is satisfied that the case involves a substantial question of law, which must be formulated by the Court.
A witness who is unable to speak gives his evidence in open court by writing or by signs. Under the Bharatiya Sakshya Adhiniyam, 2023, such evidence is deemed to be:
aDocumentary evidence only
bOral evidence
cInadmissible unless reduced to an affidavit
dHearsay requiring corroboration
Answer: B
Section 124 of the BSA, 2023 (corresponding to Section 119 of the old Act) provides that a witness unable to speak may give evidence by writing or signs in open court, and such evidence shall be deemed to be oral evidence.
Under the Bharatiya Sakshya Adhiniyam, 2023, what is the position regarding the number of witnesses required to prove a fact?
aNo particular number of witnesses is required for the proof of any fact
bAt least two witnesses are required in every case
cThree witnesses are required in cases of forgery
dThe number is fixed by the Court at the framing of issues
Answer: A
Section 139 of the BSA, 2023 (corresponding to Section 134 of the old Act) provides that no particular number of witnesses shall in any case be required for the proof of any fact.
In a civil suit, evidence of the good or bad character of a party is generally:
aRelevant only if pleaded in the written statement
bIrrelevant, except where character itself is a fact in issue
cAlways relevant to determine the probability of conduct
dRelevant only to assess the quantum of damages
Answer: B
Section 46 of the BSA, 2023 (corresponding to Section 52 of the old Act) provides that in civil cases the fact that the character of a party is such as to render probable or improbable any conduct imputed to him is irrelevant, except in so far as character itself is a fact in issue.
Under the Bharatiya Sakshya Adhiniyam, 2023, a confession made by an accused while in the custody of a police officer is generally not provable against him unless:
aIt is made in the immediate presence of a Magistrate
bIt is made within twenty-four hours of arrest
cIt is corroborated by two independent witnesses
dIt is reduced to writing by the investigating officer
Answer: A
Section 23(2) of the BSA, 2023 (corresponding to Section 26 of the old Indian Evidence Act, 1872) bars proof of a confession made while in police custody unless it is made in the immediate presence of a Magistrate.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when one fact is declared by the Adhiniyam to be conclusive proof of another, the Court, on proof of the one fact, shall regard the other as proved and:
amay allow evidence to be given to disprove it for sufficient cause
bmay presume the other fact subject to rebuttal
cshall call upon the party to lead rebuttal evidence
dshall not allow evidence to be given for the purpose of disproving it
Answer: D
Section 2(1)(b) of the Bharatiya Sakshya Adhiniyam, 2023 defines 'conclusive proof': where a fact is conclusive proof of another, the Court shall regard the latter as proved and shall not allow evidence to be given to disprove it.
Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction are relevant under which section of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) (the doctrine of res gestae)?
aSection 6
bSection 4
cSection 9
dSection 7
Answer: B
Section 4 of the Bharatiya Sakshya Adhiniyam, 2023 embodies the doctrine of res gestae, making facts forming part of the same transaction relevant even though they are not themselves in issue.
A confession made to a police officer is dealt with under the Bharatiya Sakshya Adhiniyam, 2023 (BSA). Which provision provides that no such confession shall be proved as against a person accused of any offence?
aSection 23(2)
bSection 23(1)
cSection 24
dSection 22
Answer: B
Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 bars proof of a confession made to a police officer against the accused; Section 23(2) deals with confessions made while in police custody.
So much of the information received from a person accused in custody of a police officer as relates distinctly to a fact thereby discovered may be proved. This exception is contained in:
athe proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023
bSection 23(2) main provision of the Bharatiya Sakshya Adhiniyam, 2023
cSection 24 of the Bharatiya Sakshya Adhiniyam, 2023
dSection 23(1) of the Bharatiya Sakshya Adhiniyam, 2023
Answer: A
The proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (corresponding to Section 27 of the Indian Evidence Act, 1872) carves out the discovery exception, permitting proof of so much of the information as distinctly relates to the fact thereby discovered.
A statement made by a person as to the cause of his death, or as to any of the circumstances of the transaction resulting in his death (a dying declaration), is relevant under which provision of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aSection 26(a)
bSection 26(b)
cSection 27
dSection 55
Answer: A
Section 26(a) of the Bharatiya Sakshya Adhiniyam, 2023 makes relevant a dying declaration, i.e. a statement as to the cause of death or the circumstances of the transaction resulting in death.
When the Court has to form an opinion upon a point of foreign law, science, art, or as to identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters are relevant. This is provided in:
aSection 45 of the Bharatiya Sakshya Adhiniyam, 2023
bSection 41 of the Bharatiya Sakshya Adhiniyam, 2023
cSection 55 of the Bharatiya Sakshya Adhiniyam, 2023
dSection 39 of the Bharatiya Sakshya Adhiniyam, 2023
Answer: D
Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 makes the opinions of experts relevant on points of foreign law, science, art, handwriting and finger impressions.
Five or more persons conjointly committing or attempting to commit a robbery (including those present and aiding so as to total five) commit which offence under the Bharatiya Nyaya Sanhita, 2023?
aExtortion under Section 308
bRobbery under Section 309
cSnatching under Section 302
dDacoity under Section 308
Answer: D
Section 308 BNS, 2023 defines dacoity as the commission or attempt of robbery by five or more persons conjointly, mirroring the old Section 391 IPC.
A intentionally puts Z in fear of injury and thereby dishonestly induces Z to deliver property to him. Under the Bharatiya Nyaya Sanhita, 2023, A has committed the offence of extortion, defined in:
aSection 309
bSection 308
cSection 383
dSection 306
Answer: D
Section 306 BNS, 2023 defines extortion as putting a person in fear of injury and thereby dishonestly inducing delivery of property; the corresponding IPC provision was Section 383.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of criminal breach of trust is contained in:
aSection 406
bSection 314
cSection 405
dSection 316
Answer: B
Section 314 BNS, 2023 defines criminal breach of trust where a person entrusted with property dishonestly misappropriates or converts it to his own use; the IPC equivalents were Sections 405 and 406.
A person abets the doing of a thing under the Bharatiya Nyaya Sanhita, 2023 who instigates, engages in a conspiracy for, or intentionally aids the doing of that thing. This definition of abetment is found in:
aSection 49
bSection 61
cSection 45
dSection 107
Answer: C
Section 45 BNS, 2023 defines abetment (by instigation, conspiracy, or intentional aid), corresponding to Section 107 of the Indian Penal Code, 1860.
Under the Bharatiya Nyaya Sanhita, 2023, when a group of five or more persons acting in concert commits murder on the ground of race, caste or community, sex, place of birth, language or personal belief, each member is punishable under which provision?
aSection 101(2)
bSection 117(4)
cSection 103(1)
dSection 103(2)
Answer: D
Section 103(2) BNS, 2023 newly introduces the offence of mob lynching, where five or more persons acting in concert commit murder on discriminatory grounds, punishable with death or imprisonment for life and fine. The general punishment for murder is in Section 103(1).
A, in order to commit theft, suddenly and forcibly grabs a gold chain from Z's neck and runs away. Under the Bharatiya Nyaya Sanhita, 2023, the specific offence A has committed is:
aExtortion under Section 308
bTheft under Section 303
cSnatching under Section 304
dRobbery under Section 309
Answer: C
Section 304 BNS, 2023 introduces 'snatching' as a distinct offence: theft is snatching where the offender suddenly, quickly or forcibly seizes or grabs movable property from a person or his possession, punishable up to three years and fine.
Under the Bharatiya Nyaya Sanhita, 2023, the minimum number of persons who must conjointly commit or attempt to commit robbery for the offence to amount to dacoity is:
aFive or more
bFour or more
cThree or more
dSeven or more
Answer: A
Under Section 310 BNS, 2023, when five or more persons conjointly commit or attempt to commit robbery (including those present and aiding), the offence becomes dacoity.
A threatens to publish a defamatory libel concerning Z unless Z delivers money to him, and thereby dishonestly induces Z to part with the money. Under the Bharatiya Nyaya Sanhita, 2023, A has committed:
aCheating under Section 318
bRobbery under Section 309
cCriminal intimidation under Section 351
dExtortion under Section 308
Answer: D
Section 308 BNS, 2023 defines extortion: intentionally putting a person in fear of injury and thereby dishonestly inducing delivery of property; the threat of a defamatory publication is fear of injury, so the offence is extortion.
Which of the following is NOT designated as 'grievous hurt' under Section 116 of the Bharatiya Nyaya Sanhita, 2023?
aEmasculation
bFracture or dislocation of a bone or tooth
cPermanent privation of the sight of either eye
dAny hurt causing severe bodily pain for ten days
Answer: D
Section 116 BNS, 2023 designates hurt as grievous only if it causes the sufferer to be in severe bodily pain (or unable to follow ordinary pursuits) for fifteen days, not ten. Emasculation, privation of sight, and fracture/dislocation are all enumerated.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the period of detention beyond which a Magistrate may not authorise detention of an accused (other than on a charge sheet) for an offence punishable with imprisonment up to ten years, under Section 187, is:
asixty days
bforty-five days
cninety days
dfifteen days
Answer: A
Under Section 187 BNSS (corresponding to Section 167 CrPC), the maximum period of detention is ninety days where the offence is punishable with death, life imprisonment or imprisonment of not less than ten years, and sixty days for any other offence — here, up to ten years, the limit is sixty days.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a convict under a death sentence may file a mercy petition before the President or the Governor within:
asixty days from the date of pronouncement of the death sentence by the trial court
bninety days from the date of rejection by the High Court
cseven days from the date of the order of the Sessions Court
dthirty days from the date the jail Superintendent informs him of the dismissal of the appeal or confirmation of the death sentence
Answer: D
Section 472 BNSS is a new statutory provision fixing a thirty-day limit for filing a mercy petition, running from the date the jail Superintendent informs the convict of dismissal of the appeal by the Supreme Court or confirmation of the death sentence.
On a complaint of facts constituting an offence being made to a Magistrate under the Bharatiya Nagarik Suraksha Sanhita, 2023, the Magistrate taking cognizance shall examine upon oath the complainant and the witnesses present under:
aSection 200
bSection 223
cSection 227
dSection 190
Answer: B
Section 223 BNSS (corresponding to Section 200 CrPC) requires the Magistrate taking cognizance of an offence on complaint to examine the complainant and witnesses on oath; the new provision adds a proviso giving the accused an opportunity of being heard before cognizance.
Under the BNSS, Section 173 deals with information in cognizable cases (FIR), Section 144 with maintenance of wives, children and parents, Section 290 with the application for plea bargaining, and Section 482 with anticipatory bail.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, in a case exclusively triable by the Court of Session instituted on a police report, the investigation should ordinarily be completed and the police report (charge sheet) filed within:
aforty-five days from the date of cognizance
bninety days from the date of recording of the information
cthirty days from the first day of recording the statements
dsixty days from the date of arrest
Answer: B
Under Section 193 BNSS (corresponding to Section 173 CrPC), the report of a police officer on completion of investigation must be forwarded to the Magistrate; for offences triable by Sessions and the like, the investigation is to be completed within ninety days, extendable by the Court up to a further ninety days.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where information relating to the commission of a cognizable offence is given orally to an officer in charge of a police station, the requirement to register the First Information Report 'irrespective of the area where the offence is committed' is contained in:
aSection 173
bSection 176
cSection 154
dSection 175
Answer: A
Section 173 of the BNSS, 2023 governs information in cognizable cases and statutorily incorporates the 'Zero FIR' concept by mandating registration irrespective of the territorial jurisdiction where the offence was committed.
Under Section 173(3) of the BNSS, 2023, for a cognizable offence punishable with imprisonment for three years or more but less than seven years, a preliminary enquiry to ascertain whether a prima facie case exists may be conducted only:
awithin seven days, with the prior approval of the Magistrate
bwithin thirty days, with the prior approval of the Superintendent of Police
cwithin fourteen days, with the prior approval of an officer not below the rank of Deputy Superintendent of Police
dwithin fifteen days, without any prior approval
Answer: C
Section 173(3) of the BNSS permits a preliminary enquiry within fourteen days, with the prior approval of an officer not below the rank of Deputy Superintendent of Police, for cognizable offences punishable with three years or more but less than seven years.
Under the BNSS, 2023, where a police officer arrests a person without warrant for an offence punishable with imprisonment for less than seven years, and arrest is not required, the officer is ordinarily obliged to issue a notice directing appearance under:
aSection 41(1)(b)
bSection 50(2)
cSection 47(1)
dSection 35(3)
Answer: D
Section 35(3) of the BNSS makes issuance of a notice of appearance the rule, and arrest the exception, for offences punishable with imprisonment up to seven years.
Under Section 35(7) of the BNSS, 2023, no person who is infirm or above the age of sixty years, accused of an offence punishable with imprisonment for less than three years, shall be arrested except with the prior permission of an officer not below the rank of:
aStation House Officer
bDeputy Superintendent of Police
cInspector of Police
dSuperintendent of Police
Answer: B
Section 35(7) of the BNSS bars arrest of an infirm person or one above sixty years, in such cases, save with the prior permission of an officer of and above the rank of Deputy Superintendent of Police.
Under the BNSS, 2023, a Magistrate of the first class may authorise detention of the accused in custody otherwise than in police custody for a total period not exceeding ninety days where the investigation relates to an offence punishable with imprisonment for not less than ten years. The provision dealing with this default-bail time limit is:
aSection 193
bSection 190
cSection 187
dSection 167
Answer: C
Section 187 of the BNSS, 2023 governs the time limits for completing investigation and the consequent right to default (statutory) bail, replacing Section 167 CrPC.
A supplies B, a lunatic, with necessaries suited to his condition in life. From whom can A recover the price under Section 68 of the Indian Contract Act, 1872?
aFrom no one, as B is incapable of contracting
bFrom the property of B, by way of reimbursement
cFrom the State, which is responsible for lunatics
dFrom B personally, as B has incurred a contractual debt
Answer: B
Section 68 is a quasi-contractual provision; where necessaries suited to his condition are supplied to a person incapable of contracting, the supplier is entitled to be reimbursed from the property of such incapable person, not from him personally.
Section 74 of the Indian Contract Act, 1872, dealing with compensation where a sum is named in the contract as payable on breach (or a penalty is stipulated), entitles the aggrieved party to:
areasonable compensation not exceeding the sum named, whether or not actual damage is proved
bthe entire sum named, whether or not actual loss is proved
ccompensation only to the extent of the actual loss strictly proved, with the named sum being irrelevant
ddouble the sum named, as a deterrent against breach
Answer: A
Section 74 entitles the party complaining of breach to reasonable compensation not exceeding the amount named or the penalty stipulated, irrespective of proof of actual damage; the named sum operates only as a ceiling.
Under Section 73 of the Indian Contract Act, 1872, the compensation recoverable for loss or damage caused by breach of contract is:
asuch loss as the parties knew, when they made the contract, to be likely to result, including remote and indirect loss
bloss as assessed by the court irrespective of the parties' contemplation
conly the loss directly named in the contract
dloss which naturally arose in the usual course from the breach, or which the parties knew when contracting to be likely to result, but not remote and indirect loss
Answer: D
Section 73 codifies the rule in Hadley v. Baxendale: compensation is for loss arising naturally in the usual course of things from the breach, or such loss as the parties knew when contracting to be likely to result; the explanation excludes remote and indirect loss.
Which of the following statements regarding a contract of indemnity and a contract of guarantee under the Indian Contract Act, 1872 is INCORRECT?
aIn a contract of guarantee, the liability of the surety is primary and that of the principal debtor is secondary
bA contract of guarantee (Section 126) involves three parties — the surety, the principal debtor and the creditor
cA contract of indemnity (Section 124) is one by which one party promises to save the other from loss caused by the conduct of the promisor himself or of any other person
dA contract of guarantee may be either oral or written
Answer: A
Under the law of guarantee, the liability of the principal debtor is primary while the surety's liability is secondary and co-extensive (Section 128); the statement reversing this is incorrect. Statements (a), (b) and (d) correctly reflect Sections 124 and 126.
Under Section 171 of the Indian Contract Act, 1872, which one of the following is NOT entitled to a general lien in the absence of a contract to the contrary?
aWharfingers
bPolicy-brokers
cBankers
dAn unpaid finder of goods
Answer: D
Section 171 confers a general lien only on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers. A finder of goods has a particular lien under Section 168, not a general lien.
A delivers cloth to B, a tailor, to be made into a coat. This transaction is, under the Indian Contract Act, 1872:
aan agency within the meaning of Section 182
ba pledge within the meaning of Section 172
ca sale of goods
da bailment within the meaning of Section 148
Answer: D
Section 148 defines bailment as the delivery of goods by one person to another for some purpose, upon a contract that they shall be returned or otherwise dealt with according to the bailor's directions once the purpose is accomplished; delivering cloth to be stitched is a classic bailment.
Section 27 of the Limitation Act, 1963 is significant because it provides that on the expiry of the period limited for instituting a suit for possession of any property:
athe right to such property is itself extinguished
bthe suit is merely dismissed but the right to the property survives
cthe plaintiff may still recover possession through execution
da fresh period of twelve years begins to run
Answer: A
Section 27 is an exception to the general rule that limitation bars only the remedy; it extinguishes the very right to the property when the period for a possession suit expires.
What is the period of limitation prescribed by the Schedule to the Limitation Act, 1963 for a suit for possession of immovable property based on title (where possession of the defendant has become adverse)?
aSixty years
bThree years
cTwelve years
dThirty years
Answer: C
Article 65 of the Schedule prescribes twelve years for a suit for possession based on title, computed from when the defendant's possession becomes adverse to the plaintiff.
Under the Schedule to the Limitation Act, 1963, the period of limitation for a suit by a mortgagor to redeem or recover possession of immovable property mortgaged is:
aTwelve years
bThree years
cThirty years
dSixty years
Answer: C
Article 61(a) of the Schedule prescribes thirty years for a mortgagor's suit to redeem or recover possession, running from when the right to redeem or recover possession accrues.
An application to set aside a decree passed ex parte (or for a rehearing of an appeal decided ex parte) under the Schedule to the Limitation Act, 1963 must be made within:
aSixty days from the date of the decree
bThirty days from the date of the decree, or where the summons was not duly served, from when the applicant had knowledge of it
cNinety days from the date of the decree
dFifteen days from the date of the decree
Answer: B
Article 123 prescribes thirty days, running from the date of the decree, or where summons was not duly served, from when the applicant had knowledge of the decree.
Under the Schedule to the Limitation Act, 1963, the period of limitation for an appeal from a decree or order to a High Court is ___, whereas an appeal from a decree to any other court is ___.
aninety days; thirty days
bninety days; sixty days
csixty days; thirty days
dthirty days; ninety days
Answer: A
Article 116 prescribes ninety days for an appeal to a High Court, while Article 117 prescribes thirty days for an appeal to any other court; both run from the date of the decree or order.
On conviction under Section 138 of the Negotiable Instruments Act, 1881, the drawer may be punished with imprisonment for a term which may extend to, and a fine which may extend to:
athree years, and twice the amount of the cheque
btwo years, and five times the amount of the cheque
ctwo years, and twice the amount of the cheque
done year, and the amount of the cheque
Answer: C
Section 138 prescribes imprisonment which may extend to two years, or fine which may extend to twice the amount of the cheque, or both.
Under Section 142(1)(b) of the Negotiable Instruments Act, 1881, a complaint for an offence under Section 138 must be made within what time of the date on which the cause of action arises under clause (c) of the proviso to Section 138?
awithin fifteen days
bwithin six months
cwithin three months
dwithin one month
Answer: D
Section 142(1)(b) requires the written complaint by the payee or holder in due course to be filed within one month of the date the cause of action arises under clause (c) of the proviso to Section 138 (subject to condonation of delay).
Section 143A of the Negotiable Instruments Act, 1881 empowers the trial court to direct the drawer to pay interim compensation to the complainant, not exceeding:
afifteen per cent of the amount of the cheque
bten per cent of the amount of the cheque
ctwenty per cent of the amount of the cheque
dtwenty-five per cent of the amount of the cheque
Answer: C
Section 143A (inserted in 2018) permits the court to order interim compensation not exceeding twenty per cent of the cheque amount during the trial.
Where an appellate court hears an appeal against conviction under Section 138, Section 148 of the Negotiable Instruments Act, 1881 empowers it to order the appellant to deposit a minimum of:
aten per cent of the fine or compensation awarded by the trial court
bthe entire cheque amount before the appeal is entertained
ctwenty per cent of the fine or compensation awarded by the trial court
dfifty per cent of the fine or compensation awarded by the trial court
Answer: C
Section 148 (inserted in 2018) empowers the appellate court to direct the appellant to deposit a minimum of twenty per cent of the fine or compensation awarded by the trial court, in addition to any interim compensation paid under Section 143A.
Section 143 of the Negotiable Instruments Act, 1881 provides that, notwithstanding anything in the Code of Criminal Procedure, offences under Section 138 shall be tried:
aonly as a regular sessions trial
bsummarily by a Judicial Magistrate of the first class or a Metropolitan Magistrate
cas a private complaint by the High Court
das warrant cases by a Court of Session
Answer: B
Section 143 mandates summary trial of Section 138 offences by a Judicial Magistrate of the first class or a Metropolitan Magistrate, applying the summary-trial provisions of the CrPC/BNSS.
Which of the following correctly states the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882?
aAny transfer of immovable property during the pendency of a suit in which a right to it is directly in question is absolutely void
bThe doctrine applies to both movable and immovable property without exception
cDuring the pendency of a suit in which a right to immovable property is directly and specifically in question, the property cannot be transferred so as to affect the rights of any party under any decree that may be made, except under the authority of the court
dThe doctrine applies only after the decree is passed, not during pendency of the suit
Answer: C
Section 52 does not make a pendente lite transfer void; it makes such a transfer subject to the rights of the parties as decided by the court, unless the court permits the transfer on terms it imposes.
Which of the following is NOT a condition for invoking the doctrine of part performance under Section 53A of the Transfer of Property Act, 1882?
aThe transferee must have done some act in furtherance of the contract and be willing to perform his part
bThe instrument must have been duly registered under the Registration Act
cThere must be a contract to transfer immovable property for consideration in writing signed by the transferor
dThe transferee must have taken possession or, being already in possession, continued in possession in part performance of the contract
Answer: B
Section 53A operates precisely to protect a transferee in possession under an unregistered written contract; registration of the instrument is not a precondition. The other three are essential ingredients of the doctrine.
P enters into a written agreement to sell his house to Q, receives the full price and delivers possession to Q, but no sale deed is executed or registered. As to the rights created, which statement is correct under the Transfer of Property Act, 1882?
aA contract for sale of itself creates no interest in or charge on the property, but Q may protect his possession under Section 53A
bQ acquires full ownership the moment possession is delivered
cP can resume possession at will because no interest at all has passed to Q
dThe agreement automatically operates as a registered sale deed
Answer: A
Under Section 54, a contract for sale does not by itself create any interest in or charge on the property; however, a transferee put in possession under a written contract may defend that possession under the doctrine of part performance (Section 53A).
As per Section 54 of the Transfer of Property Act, 1882, a sale of tangible immovable property of the value of one hundred rupees and upwards can be made:
aeither by a registered instrument or by delivery of the property
bonly by delivery of possession
conly by a registered instrument
dby an oral agreement accompanied by payment of price
Answer: C
Under Section 54, tangible immovable property of value Rs. 100 and upwards (and reversions or other intangible things) can be transferred only by a registered instrument; property below Rs. 100 may be transferred by registered instrument or by delivery.
A Judge of a High Court holds office, subject to the other provisions of the Constitution, until he attains the age of:
a62 years
b65 years
c58 years
d60 years
Answer: A
Article 217(1) fixes the retirement age of a High Court Judge at 62 years (raised from 60 by the Constitution (Fifteenth Amendment) Act, 1963), whereas a Supreme Court Judge retires at 65 under Article 124(2).
When a Bill is presented to the President for assent, the certificate that it is a Money Bill is endorsed by:
aThe Finance Minister
bThe Comptroller and Auditor-General of India
cThe Chairman of the Rajya Sabha
dThe Speaker of the Lok Sabha
Answer: D
Under Article 110(4), every Money Bill, when transmitted to the Rajya Sabha and when presented to the President, must bear the Speaker of the Lok Sabha's certificate that it is a Money Bill; the Speaker's decision under Article 110(3) on whether a Bill is a Money Bill is final.
The directive that 'the State shall take steps to separate the judiciary from the executive in the public services of the State' is contained in:
aArticle 48
bArticle 39A
cArticle 51
dArticle 50
Answer: D
Article 50, a Directive Principle of State Policy in Part IV, directs the State to separate the judiciary from the executive in the public services of the State to safeguard judicial independence.
The right to free and compulsory education for all children of the age of six to fourteen years was made a fundamental right by the insertion of Article 21A through:
Article 21A was inserted by the Constitution (Eighty-sixth Amendment) Act, 2002, making free and compulsory education for children aged 6 to 14 a fundamental right; the Right to Education Act, 2009 was enacted to give it effect.
An application for relief under the Protection of Women from Domestic Violence Act, 2005 is to be presented to the:
aFamily Court only
bCourt of Session
cMagistrate within the local limits of whose jurisdiction the aggrieved person resides, the respondent resides, or the cause of action arose
dDistrict Judge having original civil jurisdiction
Answer: C
Section 27 confers jurisdiction on the Magistrate (Judicial Magistrate of the First Class or Metropolitan Magistrate) within whose local limits the aggrieved person resides, the respondent resides or carries on business, or the cause of action arose.
Under Section 23 of the Protection of Women from Domestic Violence Act, 2005, the Magistrate is empowered to:
agrant interim and ex parte orders as he deems just and proper
bgrant only final orders after full trial
cgrant relief only after recording the evidence of at least two independent witnesses
drefer every application compulsorily to mediation before passing any order
Answer: A
Section 23 empowers the Magistrate to pass such interim order as he deems just and proper, and to grant an ex parte order on the basis of the affidavit of the aggrieved person where he is prima facie satisfied that domestic violence has taken place or is likely to take place.
A breach of a protection order or interim protection order under Section 31 of the Protection of Women from Domestic Violence Act, 2005 is punishable with imprisonment which may extend to:
asix months, or with fine which may extend to ten thousand rupees, or with both
bone year, or with fine which may extend to twenty thousand rupees, or with both
cthree years, or with fine which may extend to one lakh rupees, or with both
dtwo years, or with fine which may extend to fifty thousand rupees, or with both
Answer: B
Section 31(1) prescribes imprisonment of either description for a term which may extend to one year, or fine up to twenty thousand rupees, or both, for breach of a protection order.
While framing charges under Section 31 of the Protection of Women from Domestic Violence Act, 2005 for breach of a protection order, the Magistrate may also frame charges under:
athe Indian Stamp Act, 1899 only
bno other provision, as Section 31 is a self-contained code
cSection 498A of the Indian Penal Code or Section 85 of the Bharatiya Nyaya Sanhita, 2023, if the facts disclose such an offence
dthe Negotiable Instruments Act, 1881 only
Answer: C
Section 31(3) permits the Magistrate trying the breach to also frame charges under Section 498A IPC (now Section 85 of the Bharatiya Nyaya Sanhita, 2023) or any other provision of that Code, if the facts disclose the commission of such an offence.
"X" contracts to construct a multi-storeyed building for "Y" and breaches the contract midway. "Y" seeks a decree for specific performance compelling "X" to complete the construction. Which provision is the principal bar to such relief?
aSection 41(h) — equally efficacious relief available
bSection 9 — defences respecting suits for relief based on contract
cSection 14 — a contract the performance of which involves the performance of a continuous duty which the court cannot supervise
dSection 16 — personal bars to relief
Answer: C
Under Section 14 of the Specific Relief Act, 1963 a contract whose performance involves a continuous duty that the court cannot supervise cannot be specifically enforced; building/construction contracts are the classic example.
Where a contract is broken due to non-performance by one party, the substituted performance provision introduced by the Specific Relief (Amendment) Act, 2018 (Section 20) permits the aggrieved party to get it performed through a third party only after serving a written notice of not less than:
aSixty days
bFifteen days
cThirty days
dNinety days
Answer: C
Section 20(2) (as substituted in 2018) requires the suffering party to give the breaching party a written notice of not less than thirty days calling for performance before resorting to substituted performance and recovering costs.
In a suit for specific performance of a contract for sale of land, the plaintiff also wishes to claim compensation. Under Section 21 of the Specific Relief Act, 1963, no such compensation shall be awarded:
aIn any circumstances after the 2018 amendment
bUnless the court orders separate proceedings for it
cUnless the plaintiff has claimed such compensation in his plaint
dUnless the defendant consents to its grant
Answer: C
Section 21(5) provides that no compensation shall be awarded unless the plaintiff has claimed it in the plaint, though the court may permit amendment of the plaint at any stage to include such a claim.
Under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015, a preliminary assessment of the mental and physical capacity to commit an offence is conducted by the Juvenile Justice Board in respect of a:
achild below sixteen years alleged to have committed a serious offence
bchild of any age alleged to have committed a petty offence
cchild who has completed or is above sixteen years alleged to have committed a heinous offence
dchild below sixteen years alleged to have committed a heinous offence
Answer: C
Section 15 requires the Board to conduct a preliminary assessment only where a child who has completed or is above sixteen years is alleged to have committed a heinous offence, to decide whether he may be tried as an adult.
Under Section 14 of the Juvenile Justice (Care and Protection of Children) Act, 2015, an inquiry by the Juvenile Justice Board into a child in conflict with law shall ordinarily be completed within:
aone year from the date of first production of the child
bfour months from the date of first production of the child
csix months from the date of first production of the child
dtwo months from the date of first production of the child
Answer: B
Section 14(2) provides that the inquiry shall be completed within four months from the date of first production of the child before the Board, extendable by a further two months for reasons to be recorded.
Under Section 21 of the Juvenile Justice (Care and Protection of Children) Act, 2015, no child in conflict with law shall be sentenced to:
aany term of imprisonment under any circumstances
bimprisonment exceeding three years in any case
cdetention in a place of safety beyond the age of twenty-one years
ddeath or life imprisonment without the possibility of release
Answer: D
Section 21 prohibits a child in conflict with law from being sentenced to death or to life imprisonment without the possibility of release, whether under the Act, the IPC or any other law in force.
Which of the following is a ground for a voidable marriage under Section 12 of the Hindu Marriage Act, 1955?
aThe parties are sapindas of each other
bThe respondent was at the time of the marriage pregnant by some person other than the petitioner
cThe parties are within the degrees of prohibited relationship
dEither party had a spouse living at the time of marriage
Answer: B
Pre-marriage pregnancy by another person is a ground rendering a marriage voidable under Section 12(1)(d); the other options are grounds for a void marriage under Section 11.
On a petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955, the motion for passing the decree shall be made by both parties not earlier than:
aone year and not later than two years after the date of presentation of the petition
bsix months and not later than eighteen months after the date of presentation of the petition
cthree months and not later than one year after the date of presentation of the petition
dsix months and not later than one year after the date of presentation of the petition
Answer: B
Section 13B(2) requires the second motion to be made not earlier than six months and not later than eighteen months after presentation of the petition, provided it is not withdrawn meanwhile.
In which case did the Supreme Court hold that the six-month waiting period prescribed under Section 13B(2) of the Hindu Marriage Act, 1955 is directory and not mandatory, and can be waived by the court?
aLily Thomas v. Union of India (2000)
bSmt. Saroj Rani v. Sudarshan Kumar Chadha (1984)
cSureshta Devi v. Om Prakash (1991)
dAmardeep Singh v. Harveen Kaur (2017)
Answer: D
In Amardeep Singh v. Harveen Kaur (2017) 8 SCC 746, the Supreme Court held that the six-month cooling-off period under Section 13B(2) is directory and can be waived in appropriate cases.
Section 8 of the Hindu Succession Act, 1956 prescribes the order of succession to the property of a male Hindu dying intestate. In the absence of Class I and Class II heirs, the property devolves upon:
athe cognates of the deceased
bthe agnates of the deceased
cthe Government by escheat
dthe heirs of the wife
Answer: B
Section 8 lays the order as: firstly Class I heirs, secondly Class II heirs, thirdly the agnates, and lastly the cognates of the deceased. Cognates take only when no agnate exists.
As per Section 3(1)(a) of the Hindu Succession Act, 1956, a person is said to be an 'agnate' of another if the two are related by blood or adoption:
awholly through females
bwholly through males
cbut not wholly through males
dthrough any line of ascent or descent
Answer: B
Section 3(1)(a) defines an 'agnate' as one related by blood or adoption wholly through males. By contrast, a 'cognate' under Section 3(1)(c) is related by blood or adoption but not wholly through males.
Under Section 17(1)(d) of the Registration Act, 1908, registration of a lease of immovable property is compulsory where the lease is:
aonly for a term exceeding three years
bfor any term whatsoever
cfrom year to year, or for any term exceeding one year, or reserving a yearly rent
donly where the annual rent exceeds five thousand rupees
Answer: C
Section 17(1)(d) compulsorily requires registration of leases of immovable property from year to year, or for a term exceeding one year, or reserving a yearly rent. Shorter leases are optional under Section 18.
A non-testamentary instrument purporting to create a right in immovable property is compulsorily registrable under Section 17(1)(b) of the Registration Act, 1908 only where the value of such right is:
aexceeding one thousand rupees
bone hundred rupees and upwards
cexceeding ten thousand rupees
dof any value, without any threshold
Answer: B
Section 17(1)(b) requires compulsory registration of non-testamentary instruments creating, declaring, assigning, limiting or extinguishing any right, title or interest of the value of one hundred rupees and upwards in immovable property.
Under the proviso to Section 5 of the Telangana Land Encroachment Act, 1905, ordinarily NO penalty shall be imposed in respect of unauthorized occupation of assessed land for any period NOT exceeding:
aone year
bsix months
cthree years
dtwo years
Answer: A
The proviso to Section 5(i) directs that ordinarily no penalty shall be imposed for unauthorized occupation of assessed land for any period not exceeding one year.
Which provision of the Telangana Excise Act, 1968 empowers the Government to grant to any person, for a fixed period, a lease or licence for the exclusive privilege of manufacturing, supplying or selling liquor or other intoxicant?
aSection 13
bSection 16
cSection 21
dSection 17
Answer: D
Section 17 deals with the grant of exclusive privilege of manufacture, supply and sale of liquor or other intoxicant for a fixed period, subject to Section 28 and the rules.
Under Section 4 of the Telangana Gaming Act, 1974, a person found gaming or present for the purpose of gaming in a common gaming house is, on conviction, punishable with:
aimprisonment which may extend to six months or fine which may extend to three thousand rupees, or with both
bimprisonment which may extend to two years or fine which may extend to ten thousand rupees, or with both
cfine only, which may extend to five hundred rupees
dimprisonment which may extend to one year and fine which may extend to five thousand rupees
Answer: A
Section 4 (as substituted by Act No. 29 of 2017) punishes a person found gaming or present for gaming in a common gaming house with imprisonment up to six months OR fine up to three thousand rupees, or with both.
Under the Criminal Rules of Practice, 1990, before a Magistrate records a confession of an accused, the Rule directs that ordinarily the accused shall be withdrawn from the custody of the police for a reflection period of:
a24 hours
b48 hours
c12 hours
d6 hours
Answer: A
Rule 32 (Confessions) provides that, ordinarily, the accused shall be withdrawn from police custody for 24 hours before the statement is recorded; where 24 hours is not possible, the Magistrate shall allow at least a few hours for reflection.
Under Section 15 of the Indian Easements Act, 1882, a right of way or other easement peaceably and openly enjoyed as of right becomes absolute when so enjoyed without interruption for a continuous period of:
asixty years
bthirty years
ctwelve years
dtwenty years
Answer: D
Section 15 prescribes twenty years of peaceable, open and uninterrupted enjoyment as of right (the period being thirty years where the servient heritage belongs to the Government) for acquisition of an easement by prescription.
A married Hindu male, whose wife is living and has not renounced the world, ceased to be a Hindu, or been declared of unsound mind, takes a child in adoption without his wife's consent. Under Section 7 of the Hindu Adoptions and Maintenance Act, 1956, the adoption is:
aValid, but the wife may claim maintenance
bValid, since a male Hindu has independent capacity
cVoid, as the consent of the wife is a mandatory condition
dVoidable at the option of the wife
Answer: C
The proviso to Section 7 makes the consent of the living wife mandatory for a male Hindu to take in adoption, unless she has renounced the world, ceased to be a Hindu, or been declared of unsound mind. Adoption without such consent is void.
In the absence of an agreement to the contrary, in the case of a conveyance, the stamp duty under Section 29 of the Indian Stamp Act, 1899 is payable by:
athe grantor / vendor
bthe registering officer
cboth parties in equal shares
dthe grantee
Answer: D
Under Section 29(a), in the absence of an agreement to the contrary, the duty on a conveyance is borne by the grantee.
Q100Telangana Buildings (Lease, Rent & Eviction) Control Act 1960
Where a tenant has defaulted in payment of rent, the Controller, before ordering eviction under Section 10(2) of the Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960, may grant the tenant time to pay the rent due only if he is satisfied that the default was not wilful. The maximum time that may be so granted is:
aNot exceeding one month
bNot exceeding seven days
cNot exceeding fifteen days
dNot exceeding two months
Answer: C
The proviso to Section 10(2) empowers the Controller, where the default in payment of rent is found not to be wilful, to give the tenant a reasonable time not exceeding fifteen days to pay or tender the rent, on payment of which the eviction application is rejected.
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