Telangana Judiciary Mock Test 3 — Questions & Solutions
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The revisional jurisdiction of the High Court to call for the record of any case decided by a subordinate Court in which no appeal lies is exercised under:
aSection 115
bSection 113
cSection 96
dSection 114
Answer: A
Section 115 CPC vests revisional power in the High Court over cases decided by subordinate Courts where no appeal lies, confined to questions of jurisdiction. Section 113 deals with reference and Section 114 with review.
Which one of the following is NOT a ground for rejection of a plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908?
aWhere the plaint does not disclose a cause of action
bWhere the relief claimed is undervalued and the valuation is not corrected within the time fixed by the Court
cWhere the suit appears from the statement in the plaint to be barred by any law
dWhere the defendant fails to file a written statement within ninety days
Answer: D
Order VII Rule 11 CPC lists rejection grounds such as no cause of action, undervaluation, insufficient stamp, and suit barred by law. A defendant's failure to file a written statement is dealt with under Order VIII, not Order VII Rule 11.
Attachment of property before judgment, to prevent the defendant from defeating any decree that may be passed, is provided for under which provision of the Code of Civil Procedure, 1908?
aOrder XXXIX Rule 1
bOrder XXVI Rule 9
cOrder XXI Rule 54
dOrder XXXVIII Rule 5
Answer: D
Order XXXVIII Rule 5 CPC empowers the Court, where the defendant is about to dispose of or remove property to obstruct execution, to direct attachment before judgment. Order XXXIX Rule 1 deals with temporary injunctions.
Under Section 80 of the Code of Civil Procedure, 1908, no suit shall be instituted against the Government or a public officer in respect of an act purporting to be done in his official capacity until the expiration, after notice in writing, of:
aOne month
bThree months
cSix months
dTwo months
Answer: D
Section 80(1) CPC requires that no suit be instituted against the Government or a public officer in respect of an official act until two months have expired after delivery of a written notice stating the cause of action and relief claimed.
The rule of res judicata, barring a Court from trying a suit or issue already directly and substantially in issue in a former suit between the same parties and finally decided, is embodied in:
aSection 13
bSection 10
cSection 12
dSection 11
Answer: D
Section 11 CPC enacts the doctrine of res judicata, while Section 10 deals with stay of suit (res sub judice). The distinction between the two is a recurring theme in Telangana judiciary papers.
Under Section 9 of the Code of Civil Procedure, 1908, the Courts have jurisdiction to try all suits of a civil nature:
aonly with the prior sanction of the District Court
bexcepting suits of which their cognizance is either expressly or impliedly barred
conly when expressly authorised by a statute
dexcepting suits involving questions as to religious rites in every case
Answer: B
Section 9 confers jurisdiction on civil courts to try all suits of a civil nature except those of which cognizance is expressly or impliedly barred. The bar must be clearly established before the court can refuse to entertain the suit.
Which of the following statements regarding Section 96 of the Code of Civil Procedure, 1908 is correct?
aNo appeal lies from a decree passed by the Court with the consent of parties
bNo appeal lies from any original decree of a court of first instance
cAn appeal lies from a decree passed by the Court with the consent of parties
dAn appeal from an original decree always lies to the High Court
Answer: A
Section 96(3) expressly bars an appeal from a decree passed by the court with the consent of parties. Sub-section (1) otherwise permits a first appeal from every original decree unless barred.
Under Section 89 of the Code of Civil Procedure, 1908, where the court considers that there exist elements of a settlement, it may refer the dispute to all of the following EXCEPT:
aarbitration
bcriminal prosecution of the defaulting party
cconciliation
djudicial settlement including Lok Adalat
Answer: B
Section 89 enables the court to refer a dispute for settlement to arbitration, conciliation, judicial settlement (including through Lok Adalat) or mediation. Criminal prosecution is not a mode of settlement under Section 89.
Order VII Rule 10 of the Code of Civil Procedure, 1908 provides that the plaint shall:
abe rejected where it does not disclose a cause of action
bbe amended only with the leave of the Court
cat any stage of the suit be returned to be presented to the Court in which the suit should have been instituted
dbe dismissed where the relief is undervalued
Answer: C
Order VII Rule 10 deals with return of plaint, directing that the plaint be returned at any stage of the suit to be presented to the proper court having jurisdiction. Rejection of plaint is governed separately by Order VII Rule 11.
An application to set aside an ex parte decree under Order IX Rule 13 of the Code of Civil Procedure, 1908 can be allowed only if the defendant satisfies the Court that:
athe plaintiff has no cause of action
bthe decree is erroneous on merits
can appeal against the decree has been admitted
dthe summons was not duly served or he was prevented by sufficient cause from appearing
Answer: D
Under Order IX Rule 13, an ex parte decree may be set aside where the defendant shows that the summons was not duly served or that he was prevented by sufficient cause from appearing at the hearing. The merits of the decree are not examined at this stage.
Under Article 123 of the Schedule to the Limitation Act, 1963, the period of limitation for an application to set aside an ex parte decree is:
athirty days from the date of the decree (or from knowledge where summons was not duly served)
bsixty days from the date of the decree
cninety days from the date of the decree
done year from the date of the decree
Answer: A
Article 123 of the Limitation Act, 1963 prescribes thirty days for setting aside an ex parte decree, computed from the date of the decree or, where the summons was not duly served, from when the applicant had knowledge of the decree.
Section 114 of the Code of Civil Procedure, 1908 confers the power of:
arevision
bappeal from appellate decrees
creview
dreference to the High Court
Answer: C
Section 114 grants the substantive right of review, the procedure and grounds for which are set out in Order XLVII Rule 1. Reference is dealt with by Section 113 and revision by Section 115.
Which of the following is NOT a ground for review under Order XLVII Rule 1 of the Code of Civil Procedure, 1908?
aDiscovery of new and important matter or evidence not within the applicant's knowledge despite due diligence
bMere erroneous appreciation of evidence by the court
cMistake or error apparent on the face of the record
dAny other sufficient reason
Answer: B
Order XLVII Rule 1 permits review on discovery of new evidence, an error apparent on the face of the record, or any other sufficient reason. A mere erroneous view of evidence is a ground for appeal, not review.
Section 24 of the Code of Civil Procedure, 1908 empowers the High Court or the District Court to transfer a suit, appeal or other proceeding:
aonly after the suit has been finally decided
bon the application of any party or of its own motion (suo motu)
conly on the application of the plaintiff
donly with the consent of all the parties
Answer: B
Section 24 confers a general power of transfer and withdrawal exercisable on the application of any party, or by the court of its own motion, at any stage to any competent subordinate court.
Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908 deals with:
aattachment before judgment
btemporary injunction
carrest before judgment
dappointment of a receiver
Answer: A
Order XXXVIII Rule 5 empowers the court to direct attachment before judgment where the defendant, with intent to obstruct or delay execution, is about to dispose of or remove property from the court's jurisdiction.
Section 35B of the Code of Civil Procedure, 1908 provides for:
acosts for causing delay
binterest on the decretal amount
ccompensatory costs in respect of false or vexatious claims
dgeneral costs at the discretion of the court
Answer: A
Section 35B empowers the court to order costs for causing delay where a party fails to take a step it was required to take on a fixed date, payment of such costs being a condition precedent to further prosecution of the suit. Compensatory costs for false claims fall under Section 35A.
Under Section 148 of the Code of Civil Procedure, 1908, where a period is fixed or granted by the Court for the doing of any act, the Court may, in its discretion, enlarge such period not exceeding:
aninety days in total
bthirty days in total
csixty days in total
dfifteen days in total
Answer: B
Section 148, as amended in 1999, permits the court to enlarge a fixed or granted period from time to time, but not exceeding thirty days in total, even if the original period has expired.
The doctrine of restitution under the Code of Civil Procedure, 1908 is contained in:
aSection 144
bSection 151
cSection 47
dSection 115
Answer: A
Section 144 embodies the doctrine of restitution, requiring the court to place parties in the position they would have occupied but for a decree that has been varied or reversed. Its object is to undo the benefit obtained under an erroneous decree.
Section 100A of the Code of Civil Procedure, 1908 provides that where an appeal from an original or appellate decree is heard and decided by a Single Judge of a High Court:
aa Letters Patent appeal shall lie to a Division Bench
ba further appeal shall lie to the Supreme Court as of right
cno further appeal shall lie from the judgment and decree of such Single Judge
da further appeal shall lie only with a certificate of fitness
Answer: C
Section 100A, as substituted in 2002, bars any further (Letters Patent) appeal from the judgment and decree of a Single Judge of a High Court deciding an appeal. The object was to curtail intra-court appeals and reduce delay.
Under Section 11 of the Code of Civil Procedure, 1908, for the bar of res judicata to apply, the former suit must have been decided by a court:
aof any jurisdiction whatsoever
bsuperior in rank to the court trying the subsequent suit only
clocated within the same district as the subsequent suit
dcompetent to try the subsequent suit in which such issue is subsequently raised
Answer: D
One of the essential conditions of res judicata under Section 11 is that the court which decided the former suit must have been competent to try the subsequent suit. A decision by a court lacking such competence does not operate as res judicata.
If a document (not being a will) is required by law to be attested, the Bharatiya Sakshya Adhiniyam, 2023 (BSA) requires, for proof of its execution, that:
aboth attesting witnesses must be examined in all cases
bthe executant alone be examined
cat least one attesting witness be called, if alive and subject to the process of the Court and capable of giving evidence
dno attesting witness need ever be called
Answer: C
Section 67 of the Bharatiya Sakshya Adhiniyam, 2023 requires at least one attesting witness to be called to prove execution of a document required by law to be attested, where such a witness is alive, subject to the Court's process and capable of giving evidence.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), when any fact is especially within the knowledge of any person, the burden of proving that fact lies upon:
athe prosecution in every case
bthe party who first asserts it
cthe party who would fail if no evidence were given
dthat person within whose special knowledge the fact lies
Answer: D
Section 109 of the Bharatiya Sakshya Adhiniyam, 2023 places the burden of proving a fact especially within a person's knowledge upon that person.
Whoever desires any Court to give judgment as to a legal right or liability dependent on the existence of facts which he asserts must prove that those facts exist. This general rule on burden of proof is contained in:
aSection 119 of the Bharatiya Sakshya Adhiniyam, 2023
bSection 106 of the Bharatiya Sakshya Adhiniyam, 2023
cSection 105 of the Bharatiya Sakshya Adhiniyam, 2023
dSection 104 of the Bharatiya Sakshya Adhiniyam, 2023
Answer: D
Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 lays down the general rule that the burden of proof lies on the person who asserts the existence of facts on which a legal right or liability depends.
Under Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the birth of a person during the continuance of a valid marriage, or within how many days after its dissolution (the mother remaining unmarried), is conclusive proof of legitimacy?
a365 days
b280 days
c270 days
d180 days
Answer: B
Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 makes birth during a valid marriage, or within two hundred and eighty days of its dissolution (the mother remaining unmarried), conclusive proof of legitimacy, rebuttable only by proof of non-access.
Where a question arises whether a person has committed the dowry death of a woman and it is shown that soon before her death she was subjected by that person to cruelty or harassment for or in connection with a demand for dowry, the Court shall presume that he caused the dowry death. This presumption is found in:
aSection 117 of the Bharatiya Sakshya Adhiniyam, 2023
bSection 116 of the Bharatiya Sakshya Adhiniyam, 2023
cSection 118 of the Bharatiya Sakshya Adhiniyam, 2023
dSection 119 of the Bharatiya Sakshya Adhiniyam, 2023
Answer: C
Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (read with Section 80 of the Bharatiya Nyaya Sanhita, 2023) directs the Court to presume dowry death where cruelty or harassment for dowry is shown to have occurred soon before the woman's death.
The doctrine of estoppel, under which a person who by his declaration, act or omission has caused another to believe a thing to be true and to act upon it cannot deny its truth, is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aSection 121
bSection 123
cSection 120
dSection 122
Answer: A
Section 121 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) contains the general rule of estoppel; Sections 122 and 123 deal with estoppel of tenant and of acceptor of a bill of exchange respectively.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), an accomplice is:
aan incompetent witness against the accused
bcompetent only if a pardon has been tendered to him
ca competent witness against an accused person, and a conviction is not illegal if it proceeds upon his corroborated testimony
dcompetent but his evidence can never sustain a conviction
Answer: C
Section 138 of the Bharatiya Sakshya Adhiniyam, 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 (the BSA replaced the 'uncorroborated' wording of the repealed Section 133 of the Indian Evidence Act, 1872); illustration (b) to Section 119 advises caution unless corroborated in material particulars.
Which of the following statements correctly reflects the position under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) regarding the number of witnesses?
aThree witnesses are required in cases punishable with death
bAt least two witnesses are required to prove any fact
cThe number of witnesses required is to be fixed by the Court in each case
dNo particular number of witnesses shall in any case be required for the proof of any fact
Answer: D
Section 139 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) provides that no particular number of witnesses is required to prove any fact; it is the quality and not the quantity of evidence that matters.
Under the Bharatiya Sakshya Adhiniyam, 2023, an admission is defined as a statement (oral, documentary or contained in electronic form) which suggests an inference as to a fact in issue or relevant fact. Which section contains this definition?
aSection 15
bSection 25
cSection 21
dSection 17
Answer: A
Section 15 of the BSA, 2023 defines 'admission' (corresponding to Section 17 of the Indian Evidence Act, 1872). The definition now expressly includes statements contained in electronic form.
Under the Bharatiya Sakshya Adhiniyam, 2023, no confession made by a person while in the custody of a police officer can be proved against him unless it is made in the immediate presence of a Magistrate. This rule is contained in:
aSection 23(1)
bSection 22(1)
cSection 23(2)
dSection 24
Answer: C
Section 23(2) of the BSA, 2023 bars proof of a confession made in police custody unless made in the immediate presence of a Magistrate. Section 23(1) bars confessions made to a police officer (formerly Sections 25 and 26 of the Indian Evidence Act, 1872).
The principle that where a fact is deposed to as discovered in consequence of information received from an accused in police custody, so much of such information as relates distinctly to the fact discovered may be proved, appears in the Bharatiya Sakshya Adhiniyam, 2023 as:
aSection 22
bThe proviso to Section 23(2)
cSection 24
dAn independent Section 27
Answer: B
The discovery rule (formerly Section 27 of the Indian Evidence Act, 1872) is now placed as the proviso to Section 23(2) of the BSA, 2023, permitting proof of information that relates distinctly to the fact discovered.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of abetment of a thing is defined in:
aSection 45
bSection 61
cSection 3(5)
dSection 49
Answer: A
Section 45 BNS, 2023 defines abetment: a person abets the doing of a thing by instigating, engaging in a conspiracy, or intentionally aiding the doing of that thing.
Under Section 61 of the Bharatiya Nyaya Sanhita, 2023, for an agreement (other than an agreement to commit an offence) to amount to criminal conspiracy, it is essential that:
aThe object of the agreement must actually be accomplished
bSome act besides the agreement is done by one or more parties in pursuance thereof
cAt least five persons are parties to the agreement
dThe agreement alone is sufficient without any further act
Answer: B
Under Section 61 BNS, 2023, where the object is not itself the commission of an offence, an act besides the agreement must be done by a party in pursuance of it; only an agreement to commit an offence is conspiracy by itself.
Under the Bharatiya Nyaya Sanhita, 2023, the right of private defence of the body extends to voluntarily causing death of the assailant under Section 38 in which of the following situations?
aAn assault with intention of committing rape
bAn assault causing reasonable apprehension of simple hurt
cAn assault causing apprehension of loss of property
dAny assault, however slight
Answer: A
Section 38 BNS, 2023 permits causing death in private defence of the body only in enumerated cases, including an assault with intention of committing rape, or causing reasonable apprehension of death or grievous hurt.
Z entrusts A, a warehouse-keeper, with goods to be stored. A dishonestly sells the goods and pockets the proceeds. Under the Bharatiya Nyaya Sanhita, 2023, A has committed the offence of:
aCriminal misappropriation under Section 314
bCriminal breach of trust under Section 316
cTheft under Section 303
dCheating under Section 318
Answer: B
Section 316 BNS, 2023 defines criminal breach of trust: where a person entrusted with property dishonestly misappropriates, converts, uses or disposes of it in violation of the trust. A's dishonest disposal of entrusted goods is criminal breach of trust.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'cheating by personation' is dealt with in:
aSection 314
bSection 319
cSection 316
dSection 318(1)
Answer: B
Section 319 BNS, 2023 deals with cheating by personation, where a person cheats by pretending to be some other person, or by knowingly substituting one person for another. The general definition of cheating is in Section 318.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'organised crime' committed by a syndicate engaged in continuing unlawful activity is dealt with in:
aSection 109
bSection 111
cSection 112
dSection 113
Answer: B
Section 111 BNS, 2023 newly creates the offence of organised crime committed by a crime syndicate; Section 112 deals with petty organised crime and Section 113 with terrorist acts.
Under the Bharatiya Nyaya Sanhita, 2023, where a member of a group or gang commits theft, snatching or cheating as part of a petty organised criminal activity, the offence of 'petty organised crime' is punishable under:
aSection 303
bSection 111
cSection 304
dSection 112
Answer: D
Section 112 BNS, 2023 introduces 'petty organised crime' covering acts such as theft, snatching, cheating and unauthorised betting by members of a group or gang, punishable with imprisonment of one to seven years and fine.
Under the Bharatiya Nyaya Sanhita, 2023, which of the following best states the relationship between culpable homicide (Section 100) and murder (Section 101)?
aCulpable homicide and murder are identical offences
bAll culpable homicides are murders, but not all murders are culpable homicides
cMurder is a lesser form of culpable homicide
dAll murders are culpable homicides, but not all culpable homicides are murders
Answer: D
Under Sections 100 and 101 BNS, 2023, murder is an aggravated species of culpable homicide; every murder is a culpable homicide, but not every culpable homicide amounts to murder.
Under the Bharatiya Nyaya Sanhita, 2023, a person who attempts to commit suicide with the intent to compel or restrain a public servant from discharging his official duty is liable to:
aRigorous imprisonment for seven years
bSimple imprisonment up to one year, fine, community service, or any of them
cDeath or imprisonment for life
dImprisonment for life
Answer: B
Section 226 BNS, 2023 punishes an attempt to commit suicide to compel or restrain a public servant from discharging official duty with simple imprisonment up to one year, fine, community service, or any of them.
Maintenance of wives, children and parents under the BNSS, 2023 is now provided for under:
aSection 146
bSection 152
cSection 144
dSection 125
Answer: C
Section 144 of the BNSS, 2023 replaces Section 125 CrPC and empowers a Judicial Magistrate of the first class to order monthly maintenance for a neglected wife, child or parent.
An application for grant of anticipatory bail by a person apprehending arrest on an accusation of having committed a non-bailable offence is made under which provision of the BNSS, 2023?
aSection 482
bSection 480
cSection 484
dSection 438
Answer: A
Section 482 of the BNSS, 2023 corresponds to the erstwhile Section 438 CrPC and provides for direction for grant of bail to a person apprehending arrest (anticipatory bail) by the High Court or Court of Session.
Under Section 479 of the BNSS, 2023, an under-trial prisoner who is a first-time offender (never previously convicted of any offence) is entitled to release on bond on having undergone detention up to:
athe entire maximum period of imprisonment specified for the offence
bone-fourth of the maximum period of imprisonment specified for the offence
cone-half of the maximum period of imprisonment specified for the offence
done-third of the maximum period of imprisonment specified for the offence
Answer: D
The first proviso to Section 479(1) of the BNSS allows release of a first-time offender on bond on undergoing detention up to one-third of the maximum period of imprisonment specified for the offence; the general rule for others is one-half.
An accused who wishes to apply for plea bargaining under the BNSS, 2023 must file the application in the court in which the offence is pending for trial within:
athirty days from the date of framing of charge
bninety days from the date of filing of the charge-sheet
cthirty days from the date of arrest
dsixty days from the date of cognizance
Answer: A
Section 290 of the BNSS, 2023 requires the application for plea bargaining to be filed within thirty days from the date of framing of charge, unlike the CrPC which had no such specific limitation.
A new feature introduced by the BNSS, 2023, absent in the CrPC, is the trial of a proclaimed offender in his absence where he has absconded to avoid trial and there is no immediate prospect of arresting him. This 'trial in absentia' is provided under:
aSection 356
bSection 339
cSection 365
dSection 348
Answer: A
Section 356 of the BNSS, 2023 is a new provision permitting inquiry, trial or judgment in absentia against a proclaimed offender who has absconded to evade trial.
Under the BNSS, 2023, the Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, a fine not exceeding fifty thousand rupees, or both, and may also order:
acommunity service
bsolitary confinement
cpreventive detention
dforfeiture of property
Answer: A
Section 23 of the BNSS empowers Magistrates of the first and second class to order community service as a form of sentence, which is a new addition compared to Section 29 CrPC.
Under the BNSS, 2023, search and seizure of any property and the preparation of the list of seized items are now required to be recorded through audio-video electronic means. This mandate is contained in:
aSection 100
bSection 103
cSection 105
dSection 185
Answer: C
Section 105 of the BNSS, 2023 newly mandates audio-video recording (preferably by mobile phone) of the search and seizure process and the list of things seized.
Under Section 64 of the BNSS, 2023, a summons bearing the image of the seal of the Court may, in addition to personal service, be served by:
aoral intimation by the village headman
bpublication in a local newspaper only
celectronic communication in such form and manner as the State Government may, by rules, provide
daffixation at the police station only
Answer: C
Section 64 of the BNSS introduces service of summons by electronic communication bearing the image of the Court's seal, in the form and manner prescribed by State Government rules.
Under the proviso to Section 187(2) of the BNSS, 2023, the fifteen days of detention which a Magistrate may authorise in police custody may be sought by the police:
aonly within the first fifteen days of the accused being produced before the Magistrate
bat any time before the conclusion of trial without restriction
conly after the charge-sheet has been filed
din whole or in parts, at any time during the initial forty or sixty days of the sixty- or ninety-day period
Answer: D
Section 187 of the BNSS allows the fifteen-day police custody to be taken in whole or in parts during the initial forty days (of a sixty-day period) or sixty days (of a ninety-day period), departing from the CrPC's restriction to the first fifteen days.
Which of the following statements regarding the BNSS, 2023 is INCORRECT?
aSection 482 deals with the grant of anticipatory bail.
bSection 144 deals with the order for maintenance of wives, children and parents.
cSection 187 deals with the application for plea bargaining.
dSection 173 codifies the Zero FIR and permits registration irrespective of the territorial jurisdiction of the offence.
Answer: C
Section 187 of the BNSS deals with the procedure when investigation cannot be completed in twenty-four hours (default bail), not plea bargaining; plea bargaining is dealt with under Sections 289 to 300, the application being filed under Section 290.
With reference to a contract of agency, which of the following statements is correct under the Indian Contract Act, 1872?
aA minor cannot be appointed as an agent in any circumstances
bNo consideration is necessary to create an agency (Section 185)
cAn agency can be created only by an instrument in writing
dAn agent must always personally bind himself on contracts entered into on behalf of the principal
Answer: B
Section 185 expressly provides that no consideration is necessary to create an agency. A minor may act as an agent (though not personally liable to the principal), agency need not be in writing, and Section 230 lays down that an agent is normally neither personally bound nor entitled to enforce such contracts.
A proposes by letter to sell goods to B and posts the letter; B accepts by a letter which he duly posts. As against the acceptor (B), the communication of his acceptance is complete under Section 4 of the Indian Contract Act, 1872:
awhen A's proposal is posted
bwhen B forms the intention to accept
cwhen the letter of acceptance comes to the knowledge of A, the proposer
dwhen the letter of acceptance is posted
Answer: C
Under Section 4, the communication of an acceptance is complete as against the proposer when it is put in course of transmission, but as against the acceptor it is complete only when it comes to the knowledge of the proposer.
A, intending to deceive B, falsely represents that a quantity of indigo sold is the produce of A's own factory, and thereby induces B to buy it. The consent of B is said to have been caused by:
amisrepresentation under Section 18
bcoercion under Section 15
cfraud under Section 17
dundue influence under Section 16
Answer: C
A knowingly false assertion of fact made with intent to deceive and induce the other party to enter the contract is fraud under Section 17; a contract whose consent is so caused is voidable at the option of the deceived party under Section 19.
Under Section 2(d) of the Indian Contract Act, 1872, when, at the desire of the promisor, the promisee or any other person has done or abstained from doing something, such act or abstinence constitutes:
aconsideration for the promise
ban offer
ca contingent promise
dacceptance of the proposal
Answer: A
Section 2(d) defines consideration as something done, abstained from, or promised, at the desire of the promisor, by the promisee or any other person. The phrase 'or any other person' establishes that consideration may move from a person other than the promisee.
A agrees to sell to B 'a hundred tons of oil' without specifying which kind of oil. As per Section 29 of the Indian Contract Act, 1872, the agreement is:
avoid for uncertainty
ba contingent contract
cvalid and enforceable
dvoidable at the option of B
Answer: A
Section 29 declares agreements void if their meaning is not certain or capable of being made certain. Where the kind of oil is wholly unspecified, the agreement is void for uncertainty.
A promises, for no consideration, to give to B Rs. 1,000. Under Section 25 of the Indian Contract Act, 1872, this agreement is:
avalid, as natural love and affection is presumed
bvoid, being made without consideration
cvoidable at the option of A
dvalid, as a completed gift
Answer: B
Section 25 lays down that an agreement made without consideration is void, subject to the enumerated exceptions (writing and registration on account of natural love and affection, promise to compensate a past voluntary act, and promise to pay a time-barred debt). A bare promise to gift money falls within none of these exceptions.
A files a suit for possession of land based not on title but on his previous possession, alleging he was dispossessed by B. Under the Schedule to the Limitation Act, 1963, the limitation period applicable is:
aThirty years from the date of dispossession
bTwelve years from the date of dispossession
cThree years from the date of dispossession
dSix months from the date of dispossession
Answer: B
Article 64 governs a suit for possession based on previous possession and not on title where the plaintiff has been dispossessed, prescribing twelve years from the date of dispossession.
For a suit for which no period of limitation is provided elsewhere in the Schedule, the residuary Article 113 of the Limitation Act, 1963 prescribes a period of:
aSix years from the right to sue
bOne year from the right to sue
cThree years from when the right to sue accrues
dTwelve years from the right to sue
Answer: C
Article 113 is the residuary article for suits, prescribing three years computed from when the right to sue accrues.
The period of limitation for a suit to enforce the right of pre-emption under Article 97 of the Schedule to the Limitation Act, 1963 is:
aThree years
bTwelve years
cThirty days
dOne year
Answer: D
Article 97 prescribes one year for a suit to enforce a right of pre-emption, running from when the purchaser takes physical possession or the instrument of sale is registered.
Section 147 of the Negotiable Instruments Act, 1881 provides that, notwithstanding anything contained in the Code of Criminal Procedure, every offence punishable under the Act shall be:
acompoundable
bnon-compoundable
ctriable only by a Court of Session
dcognizable and non-bailable
Answer: A
Section 147 makes every offence punishable under the Negotiable Instruments Act compoundable, notwithstanding the CrPC.
A cheque is drawn by a private limited company and is dishonoured. Under Section 141 of the Negotiable Instruments Act, 1881, who, apart from the company, is deemed guilty of the offence?
aonly the auditor who certified the company's accounts
bevery person who at the time of the offence was in charge of, and responsible to, the company for the conduct of its business
cevery shareholder of the company irrespective of their role
devery employee of the company regardless of designation
Answer: B
Section 141(1) deems guilty every person who, at the time the offence was committed, was in charge of and responsible to the company for the conduct of its business, along with the company itself.
In Aneeta Hada v. Godfather Travels & Tours (P) Ltd., the Supreme Court held that for prosecution under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881:
aarraigning the company as an accused is an imperative requirement before its director can be made vicariously liable
bno notice of demand under Section 138 is required for company cheques
cvicarious liability arises automatically from the civil liability of the company
da director can be prosecuted even without arraigning the company as an accused
Answer: A
In Aneeta Hada (2012), the Supreme Court held that arraigning of the company as an accused is imperative; vicarious liability under Section 141 cannot be fastened on a director without prosecuting the company itself.
Once execution of a cheque is admitted, Section 139 of the Negotiable Instruments Act, 1881 raises a presumption that:
athe drawer had sufficient funds in the account
bthe cheque is a stale instrument and not payable
cthe cheque was issued without consideration
dthe holder received the cheque for the discharge, in whole or in part, of any debt or other liability
Answer: D
Section 139 raises a rebuttable presumption that the holder of a cheque received it for the discharge, in whole or part, of a debt or other liability; read with Section 118, it places a reverse burden on the accused to rebut it.
The Negotiable Instruments (Amendment) Act, 2015 inserted Section 142(2) to settle the territorial jurisdiction of Section 138 complaints, thereby nullifying the basis of which Supreme Court decision?
aK. Bhaskaran v. Sankaran Vaidhyan Balan
bModi Cements Ltd. v. Kuchil Kumar Nandi
cDashrath Rupsingh Rathod v. State of Maharashtra
dAneeta Hada v. Godfather Travels & Tours (P) Ltd.
Answer: C
Section 142(2), introduced by the 2015 Amendment, fixes jurisdiction at the place where the payee's bank branch is situated, legislatively removing the basis of Dashrath Rupsingh Rathod v. State of Maharashtra (2014), which had tied jurisdiction to the place of the drawee bank.
Under Section 58 of the Transfer of Property Act, 1882, where the mortgagor delivers possession of the mortgaged property to the mortgagee and authorises him to retain such possession until repayment, and to receive the rents and profits in lieu of interest or in payment of the mortgage-money, the mortgage is a:
ausufructuary mortgage
bmortgage by conditional sale
csimple mortgage
dEnglish mortgage
Answer: A
Section 58(d) defines a usufructuary mortgage, in which the mortgagee is put in possession and appropriates the rents and profits towards interest or principal; there is no personal covenant to repay.
Under Section 58 of the Transfer of Property Act, 1882, where the mortgagor binds himself to repay the mortgage-money on a certain date and transfers the property absolutely to the mortgagee, subject to a proviso for re-transfer on repayment, the transaction is a:
asimple mortgage
bmortgage by conditional sale
cusufructuary mortgage
dEnglish mortgage
Answer: D
Section 58(e) defines an English mortgage: a personal covenant to repay on a fixed date coupled with an absolute transfer of the property subject to a proviso for re-conveyance on repayment.
Under Section 107 of the Transfer of Property Act, 1882, a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made:
aby an oral agreement accompanied by delivery of possession
bonly by a registered instrument
cby an unregistered instrument signed by the lessor alone
dby mere delivery of possession without any writing
Answer: B
Section 107 requires that a lease from year to year, for a term exceeding one year, or reserving a yearly rent be made only by a registered instrument; other leases may be made by registered instrument or by oral agreement accompanied by delivery of possession.
Under Section 105 of the Transfer of Property Act, 1882, in a lease of immovable property the price paid or promised, or the money, share of crops, service or other thing of value to be rendered periodically to the transferor, is called:
apremium
bconsideration
cearnest money
drent
Answer: D
Section 105 defines a lease and provides that the price is called the premium, while the money, share, service or thing of value to be rendered periodically or on specified occasions is called the rent.
The doctrine that Parliament's power to amend the Constitution under Article 368 does not extend to altering the 'basic structure' of the Constitution was propounded by the Supreme Court in:
aGolak Nath v. State of Punjab
bA.K. Gopalan v. State of Madras
cKesavananda Bharati v. State of Kerala
dMinerva Mills v. Union of India
Answer: C
In Kesavananda Bharati v. State of Kerala (1973), a 13-judge Bench held by 7:6 that while Parliament may amend the Constitution under Article 368, it cannot damage or destroy its basic structure.
A government employee learns that a person holding a public office was never validly appointed to it and is a usurper. The appropriate writ to question the person's authority to hold that office is:
aProhibition
bMandamus
cQuo warranto
dCertiorari
Answer: C
A writ of quo warranto calls upon a person holding a public office to show by what authority he holds it, and can be issued to oust a usurper from a public office of a substantive character.
A public authority is under a clear statutory duty to act but wrongfully refuses to perform it, and the petitioner has a corresponding legal right. The writ that lies to compel performance of the duty is:
aMandamus
bCertiorari
cProhibition
dHabeas corpus
Answer: A
A writ of mandamus is a command issued to a public authority directing it to perform a public or statutory duty which it has refused to perform, where the petitioner has a legal right to its performance.
The right to move the Supreme Court for the enforcement of the rights conferred by Part III of the Constitution is itself a fundamental right guaranteed by:
aArticle 32
bArticle 136
cArticle 226
dArticle 21
Answer: A
Article 32 guarantees the right to move the Supreme Court for enforcement of fundamental rights and is itself a fundamental right; Dr. Ambedkar called it the 'heart and soul' of the Constitution.
Under Section 32(2) of the Protection of Women from Domestic Violence Act, 2005, upon the sole testimony of the aggrieved person the court:
amay conclude that an offence under Section 31(1) has been committed by the accused
bmust refer the matter to the Court of Session for trial
cis barred from recording any finding
dmust in every case acquit the accused for want of corroboration
Answer: A
Section 32(2) provides that upon the sole testimony of the aggrieved person, the court may conclude that an offence under sub-section (1) of Section 31 has been committed by the accused.
Section 17 of the Protection of Women from Domestic Violence Act, 2005 confers on every woman in a domestic relationship:
athe right to evict all other occupants of the shared household
ban absolute right of ownership over the shared household
cthe right to sell the shared household to recover maintenance
dthe right to reside in the shared household, whether or not she has any right, title or beneficial interest in it
Answer: D
Section 17(1) gives every woman in a domestic relationship the right to reside in the shared household, whether or not she has any right, title or beneficial interest in it; she cannot be evicted except in accordance with the procedure established by law.
Under Section 21 of the Protection of Women from Domestic Violence Act, 2005, an order granting temporary custody of any child to the aggrieved person may be passed by the Magistrate:
aonly if the child has completed twelve years of age
bat any stage of the hearing of an application for a protection order or for any other relief under the Act
conly after the conclusion of the trial
donly with the consent of the respondent
Answer: B
Section 21 allows the Magistrate, at any stage of hearing the application for protection order or for any other relief under the Act, to grant temporary custody of any child to the aggrieved person or the person making the application on her behalf.
"P" sues for specific performance of an agreement to sell but the contract pleaded is, in its nature, determinable. Such a contract:
aCan always be specifically enforced if writing exists
bCan be enforced only with the court's discretion under Section 20
cCan be enforced only against a company
dCannot be specifically enforced under Section 14
Answer: D
Section 14 of the Specific Relief Act, 1963 lists contracts that cannot be specifically enforced, including a contract which is in its nature determinable.
Under Section 16 of the Specific Relief Act, 1963, specific performance of a contract cannot be enforced in favour of a person who:
aHas not obtained the consent of the court before filing the suit
bHas not registered the agreement of sale
cFails to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract on his part
dIs not a citizen of India
Answer: C
Section 16(c) bars relief to a plaintiff who fails to aver and prove continuous readiness and willingness to perform the essential terms of the contract that remain to be performed on his part.
A person entitled to the possession of specific immovable property on the basis of title may, under Section 5 of the Specific Relief Act, 1963, recover it:
aOnly through arbitration
bOnly by an application to the Collector
cOnly by a summary suit filed within six months
dIn the manner provided by the Code of Civil Procedure, 1908
Answer: D
Section 5 provides that a person entitled to possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908 — i.e., an ordinary title suit, as distinct from the summary remedy under Section 6.
Under Section 23 of the Juvenile Justice (Care and Protection of Children) Act, 2015, there shall be no joint proceedings of a child alleged to be in conflict with law and:
aanother child alleged to be in conflict with law
ba person who is the victim of the offence
ca child in need of care and protection
da person who is not a child
Answer: D
Section 23, notwithstanding Section 223 CrPC, bars joint proceedings of a child in conflict with law with a person who is not a child; the case of the person who is not a child is tried separately by the appropriate court.
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, the trial of a child above sixteen years as an adult for a heinous offence, after the Board's preliminary assessment, is conducted by the:
aCourt of Session under the ordinary procedure
bChildren's Court
cChild Welfare Committee
dJuvenile Justice Board itself
Answer: B
Section 18(3) read with Section 19 provides that where the Board passes an order that the child be tried as an adult, the matter is transferred to the Children's Court, which then conducts the trial.
Under Section 24 of the Juvenile Justice (Care and Protection of Children) Act, 2015, a child who has committed an offence and dealt with under the Act:
ashall suffer disqualification but the records shall be open to the public
bshall be disqualified only in respect of heinous offences
cshall not suffer any disqualification attaching to a conviction of an offence under such law
dshall suffer disqualification attaching to a conviction, like any other offender
Answer: C
Section 24(1) provides that, notwithstanding any other law, a child who has committed an offence and been dealt with under the Act shall not suffer disqualification attaching to a conviction (except where a child above sixteen is tried as an adult).
Section 9 of the Hindu Marriage Act, 1955 provides for:
apermanent alimony and maintenance
bnullity of voidable marriages
crestitution of conjugal rights
djudicial separation
Answer: C
Section 9 deals with restitution of conjugal rights, where a spouse who has withdrawn from the society of the other without reasonable excuse may be directed to resume cohabitation.
Section 17 of the Hindu Marriage Act, 1955, which renders a bigamous marriage void, expressly makes applicable the provisions of which sections of the Indian Penal Code, 1860?
aSections 498 and 498A
bSections 493 and 496
cSections 494 and 495
dSections 495 and 497
Answer: C
Section 17 provides that a marriage during the lifetime of a living spouse is void and that Sections 494 and 495 IPC (bigamy, and bigamy with concealment) shall apply.
Under Section 16 of the Hindu Marriage Act, 1955, a child of a marriage that is null and void under Section 11:
ais legitimate as if the marriage had been valid, whether or not a decree of nullity is granted
bis legitimate only if a decree of nullity has been obtained
cis legitimate only if born before the commencement of the Marriage Laws (Amendment) Act, 1976
dis illegitimate in every case
Answer: A
Section 16(1) confers legitimacy on a child of a void marriage as though the marriage were valid, irrespective of whether a decree of nullity is granted.
Under Section 14(1) of the Hindu Succession Act, 1956, any property possessed by a female Hindu, whether acquired before or after the commencement of the Act, shall be held by her as:
aa coparcener with her husband's heirs
ba full owner thereof and not as a limited owner
ca limited owner during her lifetime
da trustee for the reversioners
Answer: B
Section 14(1) converts the limited 'Hindu woman's estate' into absolute ownership, declaring that property possessed by a female Hindu is held by her as full owner and not as a limited owner. Section 14(2) is a narrow exception for restricted grants.
Following the Hindu Succession (Amendment) Act, 2005 and the decision in Vineeta Sharma v. Rakesh Sharma (2020), a daughter of a coparcener becomes a coparcener in her own right by birth. Which of the following statements is correct?
aThe daughter acquires coparcenary rights only if her father was alive on 9 September 2005
bThe daughter acquires coparcenary rights only if she was unmarried on 9 September 2005
cThe daughter acquires coparcenary rights by birth irrespective of whether the father was alive on 9 September 2005
dThe daughter acquires coparcenary rights only by way of testamentary disposition
Answer: C
In Vineeta Sharma v. Rakesh Sharma (2020) the Supreme Court held that coparcenary rights are conferred by birth, so a daughter is a coparcener whether or not her father was living on 9 September 2005, overruling Prakash v. Phulavati on this point.
Under Section 17(1A) of the Registration Act, 1908 (inserted in 2001), a document containing a contract to transfer immovable property for consideration for the purpose of Section 53A of the Transfer of Property Act, 1882, if not registered, shall:
aremain fully effective for part performance despite non-registration
bhave no effect for the purposes of Section 53A of the Transfer of Property Act, 1882
cbe registrable only at the option of the transferor
dbe void ab initio for all purposes
Answer: B
Section 17(1A) provides that such contracts executed on or after the commencement of the 2001 Amendment must be registered, failing which they shall have no effect for the purposes of Section 53A TPA (doctrine of part performance).
Except in the case of a will, within what time from the date of its execution must a document be presented for registration under Section 23 of the Registration Act, 1908?
aEight months
bSix months
cThree months
dFour months
Answer: D
Section 23 requires that no document other than a will shall be accepted for registration unless presented to the proper officer within four months from the date of its execution.
Under Section 6 of the Telangana Land Encroachment Act, 1905, a person unauthorizedly occupying Government land may be summarily evicted by:
athe Collector, Tahsildar or Deputy Tahsildar
bthe Civil Court of competent jurisdiction
cthe Board of Revenue alone
donly the District Collector
Answer: A
After the 1968 amendment, Section 6(1) empowers the Collector, Tahsildar or Deputy Tahsildar to summarily evict an unauthorized occupant and to adjudge forfeiture of crops and constructions.
Penalties for illegal import, export, transport, manufacture, possession or sale of any intoxicant in contravention of the Telangana Excise Act, 1968 are provided under:
aSection 50
bSection 36
cSection 41
dSection 34
Answer: D
Section 34 ("Penalties for illegal import, etc.") is the principal penal provision covering import, export, transport, manufacture, collection, possession and sale of intoxicants in contravention of the Act.
Which of the following correctly states the nature of every offence under the Telangana Gaming Act, 1974, as provided by Section 5(1) (as substituted by Act No. 29 of 2017)?
aCognizable and bailable
bNon-cognizable and bailable
cCognizable and non-bailable
dNon-cognizable and non-bailable
Answer: C
Section 5(1) expressly declares that every offence under the Act is cognizable and non-bailable.
While recording a dying declaration under the Criminal Rules of Practice, 1990, the Magistrate is directed, wherever possible, to obtain a certificate from the Medical Officer as to:
athe genuineness of the declarant's signature
bthe probable time of death
cthe mental condition of the declarant
dthe cause of the injuries sustained
Answer: C
Rule 33 (Dying Declaration) requires the Magistrate to ascertain whether the declarant is mentally capable of making a declaration and, whenever possible, to obtain a certificate from the Medical Officer as to the declarant's mental condition.
Under Section 15 of the Indian Easements Act, 1882, where the access and use of light or air to a building has been enjoyed as an easement without interruption for twenty years, but the servient heritage belongs to the Government, the prescriptive period is:
atwenty-five years
bthirty years
ctwenty years
dsixty years
Answer: B
The Explanation to Section 15 substitutes thirty years for twenty years where the servient heritage belongs to the Government.
Which section of the Hindu Adoptions and Maintenance Act, 1956 raises a presumption, in any proceeding before a court, that an adoption has been made in compliance with the Act where a registered document signed by the person giving and the person taking the child is produced?
aSection 17
bSection 16
cSection 15
dSection 14
Answer: B
Section 16 provides that where a document recording an adoption is registered under any law in force and is signed by the person giving and the person taking the child, the court shall presume the adoption was made in compliance with the Act, unless and until it is disproved.
Under Section 29 of the Indian Stamp Act, 1899, the stamp duty payable on an instrument of partition, in the absence of an agreement to the contrary, falls on:
athe parties thereto in proportion to their respective shares in the whole property partitioned
bthe eldest co-owner alone
cthe party presenting it for registration
dthe parties in equal shares irrespective of their shares
Answer: A
Section 29 provides that the duty on an instrument of partition is payable by the parties thereto in proportion to their respective shares in the property partitioned.
Q100Telangana Buildings (Lease, Rent & Eviction) Control Act 1960
Under the Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960, a landlord seeking eviction on the ground that the tenant has ceased to occupy the building must show that the tenant has ceased to occupy it without reasonable cause for a continuous period of:
asix months
btwo months
cthree months
dfour months
Answer: D
Among the grounds of eviction in Section 10(2), a landlord may seek eviction where the tenant has ceased to occupy the building for a continuous period of four months without reasonable cause.
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