Telangana Judiciary Mock Test 4 — Questions & Solutions
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Under the Code of Civil Procedure, 1908, the doctrine of res sub judice — staying the trial of a subsequently instituted suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties — is contained in:
aSection 9
bSection 10
cSection 11
dSection 15
Answer: B
Section 10 CPC, titled 'Stay of suit', embodies the doctrine of res sub judice and bars parallel trial of a subsequently instituted suit where the matter in issue is directly and substantially the same as in a pending suit between the same parties.
A suit for partition of immovable property situate within the local limits of the jurisdiction of a particular court must ordinarily be instituted in that court. This rule of place of suing is laid down in:
aSection 16 of the CPC
bSection 20 of the CPC
cSection 19 of the CPC
dSection 15 of the CPC
Answer: A
Section 16 CPC requires suits relating to immovable property (recovery, partition, foreclosure, sale, redemption, determination of any right or interest, or compensation for wrong) to be instituted in the court within whose local limits the property is situate.
Which of the following statements regarding a foreign judgment under the Code of Civil Procedure, 1908 is INCORRECT?
aA foreign judgment given on a refusal to recognise the law of India in cases in which such law is applicable is conclusive.
bSection 13 of the CPC enumerates the cases in which a foreign judgment shall NOT be conclusive.
cA foreign judgment is conclusive as to any matter directly adjudicated upon between the same parties.
dA foreign judgment obtained by fraud shall NOT be conclusive.
Answer: A
Section 13 CPC makes a foreign judgment conclusive except in six listed cases; clause (f) expressly provides that a judgment founded on a refusal to recognise the law of India where applicable is NOT conclusive, making option (c) incorrect.
The general power of a High Court or District Court to transfer or withdraw any suit, appeal or other proceeding pending before it or before any subordinate court is conferred by:
aSection 23 of the CPC
bSection 25 of the CPC
cSection 22 of the CPC
dSection 24 of the CPC
Answer: D
Section 24 CPC confers the general power of transfer and withdrawal on the High Court and the District Court, which may transfer any suit, appeal or other proceeding at any stage either on application or suo motu.
Which of the following is NOT one of the modes of settlement of disputes outside the court enumerated in Section 89 of the Code of Civil Procedure, 1908?
aArbitration
bLok Adalat
cPlea bargaining
dConciliation
Answer: C
Section 89 CPC lists five modes of alternative dispute resolution — arbitration, conciliation, judicial settlement, settlement through Lok Adalat, and mediation. Plea bargaining is a criminal-law concept and is not among them.
A caveat lodged under Section 148A of the Code of Civil Procedure, 1908, if not withdrawn earlier, shall remain in force for a period of:
a180 days from the date on which it was lodged
b30 days from the date on which it was lodged
c60 days from the date on which it was lodged
d90 days from the date on which it was lodged
Answer: D
Under Section 148A(5) CPC a caveat remains in force for ninety days from the date on which it was lodged, unless an application referred to in the section is made before the expiry of that period.
Where a decree is varied or reversed in appeal, revision or other proceeding, the court of first instance has the power to cause restitution and place the parties in the position they would have occupied but for the decree so varied or reversed. This power is conferred by:
aSection 144 of the CPC
bSection 148 of the CPC
cSection 141 of the CPC
dSection 151 of the CPC
Answer: A
Section 144 CPC deals with restitution and empowers the court which passed the decree to make orders for restitution and consequential adjustments when the decree is varied, reversed, set aside or modified.
Which of the following statements concerning the inherent powers of a civil court under Section 151 of the Code of Civil Procedure, 1908 is correct?
aSection 151 can be invoked even where a specific provision of the Code expressly governs the matter.
bSection 151 only saves 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.
cSection 151 powers cannot be used to order restitution in any circumstance.
dSection 151 confers new substantive powers on the court not otherwise available under the Code.
Answer: B
Section 151 CPC does not confer fresh powers but merely saves the court's pre-existing inherent power to make orders necessary for the ends of justice or to prevent abuse of process; it is invoked only where the Code is silent.
Summary procedure for suits upon bills of exchange, hundis, promissory notes and certain other claims is provided for under which Order of the Code of Civil Procedure, 1908?
aOrder XXXVII
bOrder XXXIV
cOrder XXXIX
dOrder XXXVIII
Answer: A
Order XXXVII CPC lays down the summary procedure, under which the defendant must obtain leave to defend; Rule 5 allows the defendant ten days from service of the summons for judgment to apply for such leave.
Attachment before judgment, by which a defendant may be required to furnish security to produce property he is about to dispose of or remove to obstruct execution of a possible decree, is provided for in:
aOrder XXXVIII, Rule 5 of the CPC
bOrder XXXIX, Rule 1 of the CPC
cOrder XXI, Rule 54 of the CPC
dOrder XXXVII, Rule 3 of the CPC
Answer: A
Order XXXVIII Rule 5 CPC empowers the court, where the defendant is about to dispose of or remove property to obstruct or delay execution of a decree, to direct him to furnish security or to attach the property before judgment.
Under Order XXXIX, Rule 1 of the Code of Civil Procedure, 1908, a temporary injunction may be granted in which of the following situations?
aWhere property in dispute is in danger of being wasted, damaged or alienated by any party to the suit.
bWhere the defendant threatens to remove or dispose of his property with a view to defrauding his creditors.
cIn all of the above situations.
dWhere the defendant threatens to dispossess the plaintiff or otherwise cause injury to him in relation to disputed property.
Answer: C
Order XXXIX Rule 1 CPC permits a temporary injunction in each of these situations — danger of waste/damage/alienation of disputed property, threatened disposal to defraud creditors, and threatened dispossession or injury to the plaintiff.
Which of the following statements regarding the effect of death of a party under Order XXII of the Code of Civil Procedure, 1908 is correct?
aThe death of a party does not cause the suit to abate where the right to sue survives.
bThe death of a plaintiff or defendant always causes the suit to abate.
cThere is abatement where a party dies after conclusion of the hearing but before pronouncement of judgment.
dA suit abates even if the right to sue survives to the surviving plaintiffs.
Answer: A
Under Order XXII CPC the death of a party does not cause the suit to abate where the right to sue survives; further, Rule 6 provides there is no abatement where a party dies after the hearing is concluded but before judgment is pronounced.
Which of the following property is EXEMPT from attachment and sale in execution of a decree under the proviso to Section 60 of the Code of Civil Procedure, 1908?
aAll saleable immovable property over which the judgment-debtor has a disposing power for his own benefit.
bHouses and other buildings belonging to an agriculturist and occupied by him.
cMoney held by the judgment-debtor in a bank account in his own name.
dShares in a company standing in the name of the judgment-debtor.
Answer: B
Section 60 CPC makes saleable property of the judgment-debtor liable to attachment, but the proviso exempts certain items including houses and other buildings (with the materials and sites) belonging to and occupied by an agriculturist, labourer or domestic servant.
The power of the court to add, strike out or substitute parties, including the impleadment of a person whose presence is necessary to enable the court to effectually and completely adjudicate upon the questions involved in the suit, is contained in:
aOrder VI, Rule 17 of the CPC
bOrder I, Rule 10 of the CPC
cOrder I, Rule 9 of the CPC
dOrder II, Rule 2 of the CPC
Answer: B
Order I Rule 10 CPC empowers the court at any stage to add, strike out or substitute parties and to implead a person whose presence is necessary for the court to effectually and completely adjudicate upon and settle all questions involved in the suit.
Which of the following statements regarding revisional jurisdiction under Section 115 of the Code of Civil Procedure, 1908 is correct?
aRevision lies as a matter of right against every interlocutory order of a subordinate court.
bThe High Court in revision may interfere even where the subordinate court has acted within its jurisdiction and committed no jurisdictional error.
cRevision under Section 115 lies only to the Court of Session.
dRevision lies to the High Court against a case decided by a subordinate court in which no appeal lies thereto.
Answer: D
Section 115 CPC empowers the High Court to call for the record of a case decided by a subordinate court in which no appeal lies to it, where the subordinate court has exercised jurisdiction not vested in it, failed to exercise jurisdiction so vested, or acted illegally or with material irregularity in exercise of its jurisdiction.
In execution of a money decree, immovable property of the judgment-debtor is sold by public auction. No application is made under Rule 89, Rule 90 or Rule 91 of Order XXI, nor is any such application made and disallowed. Under Order XXI Rule 92 of the Code of Civil Procedure, 1908, the executing Court shall:
akeep the sale in abeyance for one year before confirming it
bmake an order confirming the sale, whereupon the sale shall become absolute
cset aside the sale of its own motion in the interest of the judgment-debtor
drefer the matter to the District Judge for confirmation of the sale
Answer: B
Order XXI Rule 92(1) provides that where no application is made under Rule 89, 90 or 91 (or such application is made and disallowed), the Court shall make an order confirming the sale and thereupon the sale shall become absolute.
A second appeal is filed before the High Court under Section 100 of the Code of Civil Procedure, 1908 against a decree passed in first appeal by a subordinate Court. Which of the following statements is correct?
aThe appeal lies as of right on questions of both fact and law
bThe appeal lies only with the prior leave of the Supreme Court
cThe appeal lies on any question of law howsoever trivial, and no formulation of a question is required
dThe appeal lies only where the High Court is satisfied that the case involves a substantial question of law, and the High Court shall formulate that question
Answer: D
Under Section 100 CPC a second appeal lies to the High Court only if the case involves a substantial question of law; Section 100(4) requires the High Court, where so satisfied, to formulate that question.
During the pendency of a suit, the Court finds that a person whose presence is necessary to enable it to effectually and completely adjudicate upon all questions involved has not been joined as a party. Under Order I Rule 10(2) of the Code of Civil Procedure, 1908, the Court may:
aadd such person as a party only if both the plaintiff and defendant consent in writing
border such person to be added as a party at any stage of the proceedings, either upon or without the application of any party, on such terms as appear just
cdirect a fresh suit to be filed, as no party can be added after the suit is instituted
dadd such person only before the framing of issues and not thereafter
Answer: B
Order I Rule 10(2) empowers the Court, at any stage of the proceedings and with or without an application by a party, to add any person whose presence is necessary to effectually and completely adjudicate the suit, on such terms as appear just.
Where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, it may refer the dispute for settlement outside the Court. Section 89 of the Code of Civil Procedure, 1908 enumerates which of the following as a mode of such settlement?
aReference to a panchayat and arbitration only
bArbitration and criminal compounding only
cPlea bargaining and conciliation only
dArbitration, conciliation, judicial settlement including settlement through Lok Adalat, and mediation
Answer: D
Section 89(1) CPC, as inserted by the 1999 Amendment, lists four modes of settlement outside court: arbitration, conciliation, judicial settlement (including settlement through Lok Adalat) and mediation.
An ex parte decree is passed against a defendant. On an application by the defendant under Order IX Rule 13 of the Code of Civil Procedure, 1908, the Court may set aside the decree if it is satisfied that:
athe summons was not duly served, or the defendant was prevented by sufficient cause from appearing when the suit was called on for hearing
bthe defendant has a strong case on merits, irrespective of the reason for non-appearance
cthe decree was passed more than three years before the application
dthe plaintiff has consented to the decree being set aside
Answer: A
Order IX Rule 13 permits setting aside an ex parte decree where the Court is satisfied that the summons was not duly served, or that the defendant was prevented by sufficient cause from appearing when the suit was called on for hearing.
Under the Bharatiya Sakshya Adhiniyam, 2023, a statement made by a person, since deceased, as to the cause of his death or as to the circumstances of the transaction which resulted in his death (dying declaration) is relevant under:
aSection 32
bSection 26
cSection 27
dSection 33
Answer: B
Section 26 of the BSA, 2023 deals with statements of relevant facts by persons who cannot be called as witnesses, including the dying declaration under clause (a) (corresponding to Section 32 of the Indian Evidence Act, 1872).
When the Court has to form an opinion upon a point of foreign law, science, art, handwriting or finger impressions, the opinions of persons specially skilled in such matters are relevant. Under the Bharatiya Sakshya Adhiniyam, 2023, this provision on expert opinion is:
aSection 51
bSection 47
cSection 39
dSection 45
Answer: C
Section 39 of the BSA, 2023 deals with 'Opinions of experts' (corresponding to Section 45 of the Indian Evidence Act, 1872) and now expressly extends to examiners of electronic evidence.
The doctrine of estoppel — that when one person has, by his declaration, act or omission, caused another to believe a thing to be true and to act upon it, he shall not be allowed to deny its truth — is contained in the Bharatiya Sakshya Adhiniyam, 2023 in:
aSection 115
bSection 121
cSection 119
dSection 123
Answer: B
Section 121 of the BSA, 2023 embodies the doctrine of estoppel (corresponding to Section 115 of the Indian Evidence Act, 1872). The estoppel provisions span Sections 121 to 123.
Under the Bharatiya Sakshya Adhiniyam, 2023, a tenant of immovable property is estopped, during the continuance of the tenancy, from denying that the landlord had a title to the property at the beginning of the tenancy. This estoppel of tenant is provided in:
aSection 121
bSection 122
cSection 124
dSection 116
Answer: B
Section 122 of the BSA, 2023 contains the estoppel of a tenant (and of a licensee of a person in possession), corresponding to Section 116 of the Indian Evidence Act, 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023, the general rule that the burden of proof lies on the person who would fail if no evidence at all were given on either side is found in:
aSection 109 and 110
bSection 106 and 107
cSection 104 and 105
dSection 101 and 102
Answer: C
Section 104 of the BSA, 2023 lays down the burden of proof and Section 105 specifies on whom it lies (corresponding to Sections 101 and 102 of the Indian Evidence Act, 1872).
When a fact is especially within the knowledge of any person, the burden of proving that fact is upon him. Under the Bharatiya Sakshya Adhiniyam, 2023, this rule is contained in:
aSection 106
bSection 114
cSection 109
dSection 111
Answer: C
Section 109 of the BSA, 2023 places the burden of proving a fact especially within a person's knowledge upon that person (corresponding to Section 106 of the Indian Evidence Act, 1872).
Under the Bharatiya Sakshya Adhiniyam, 2023, the fact that a person was born during the continuance of a valid marriage, or within 280 days after its dissolution (the mother remaining unmarried), is conclusive proof of legitimacy unless non-access is shown. This provision is:
aSection 116
bSection 114
cSection 112
dSection 118
Answer: A
Section 116 of the BSA, 2023 makes birth during marriage conclusive proof of legitimacy, rebuttable only by proof of non-access (corresponding to Section 112 of the Indian Evidence Act, 1872).
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that an accomplice shall be a competent witness against an accused person, and that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice, is found in:
aSection 114
bSection 138
cSection 133
dSection 142
Answer: B
Section 138 of the BSA, 2023 declares an accomplice a competent witness and, as enacted, provides that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice (replacing the 'uncorroborated' wording of Section 133 of the Indian Evidence Act, 1872), read with the presumption regarding corroboration in illustration (b) to Section 119.
Under the Bharatiya Sakshya Adhiniyam, 2023, the rule that no particular number of witnesses shall in any case be required for the proof of any fact is contained in:
aSection 141
bSection 139
cSection 134
dSection 137
Answer: B
Section 139 of the BSA, 2023 provides that no particular number of witnesses is required to prove any fact (corresponding to Section 134 of the Indian Evidence Act, 1872) — quality, not quantity, governs.
Under the Bharatiya Sakshya Adhiniyam, 2023, a question suggesting the answer which the person putting it wishes or expects to receive (a leading question) may, if objected to, be asked in examination-in-chief only with the Court's permission, but may be asked freely in cross-examination. The provision on leading questions is:
aSection 151
bSection 154
cSection 146
dSection 143
Answer: C
Section 146 of the BSA, 2023 consolidates the law on leading questions (formerly Sections 141 to 143 of the Indian Evidence Act, 1872), permitting them in cross-examination but restricting them in examination-in-chief.
Under the Bharatiya Sakshya Adhiniyam, 2023, a party may, with the permission of the Court, put questions to his own witness which might be put in cross-examination by the adverse party (the 'hostile witness' provision). This power is contained in:
aSection 161
bSection 165
cSection 157
dSection 154
Answer: C
Section 157 of the BSA, 2023 allows a party, in the Court's discretion, to cross-examine his own (hostile) witness (corresponding to Section 154 of the Indian Evidence Act, 1872).
“A” and “B”, who had no prior plan, suddenly quarrel at a marketplace. In the heat of passion and without premeditation, “A” strikes “B” once with a stick lying nearby, and “B” dies. “A” did not take undue advantage nor act in a cruel manner. Under the Bharatiya Nyaya Sanhita, 2023, “A” is most appropriately liable for:
aNo offence, the act being one of grave and sudden provocation
bCausing death by negligence under Section 106
cMurder under Section 103, as death was caused
dCulpable homicide not amounting to murder, the case falling within Exception 4 to Section 101
Answer: D
Exception 4 to Section 101 BNS provides that culpable homicide is not murder if committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel, without undue advantage or cruelty; it is punishable as culpable homicide not amounting to murder under Section 105 BNS.
“X”, intending to kill “Z”, instigates “Y”, a child of six years, to administer poison to “Z”. “Y”, not understanding the nature of the act, does so and “Z” dies. Under the Bharatiya Nyaya Sanhita, 2023, which statement is correct?
aY is liable for murder; X is liable only for abetment
bX is liable only for attempt, since he did not personally administer the poison
cNeither X nor Y is liable, as the act was done by a child
dY is protected by Section 20 as a child under seven, and X is liable for the murder as though he had committed it himself
Answer: D
Under Section 20 BNS nothing done by a child under seven years of age is an offence; the instigator X is liable for the resulting offence committed through such an innocent agent.
Seven persons formed an unlawful assembly with the common object of forcibly harvesting a disputed crop. In prosecution of that object one member shot and killed the field guard, a consequence the others knew to be likely. Under the Bharatiya Nyaya Sanhita, 2023, the liability of every member of that assembly for the death is governed by:
aSection 190, making every member guilty of the offence committed in prosecution of the common object
bSection 105, as each is an independent offender
cSection 61, criminal conspiracy
dSection 3(5), requiring proof of a prearranged plan among all
Answer: A
Section 190 BNS imposes constructive liability on every member of an unlawful assembly for an offence committed in prosecution of the common object, or which members knew to be likely to be committed; common intention under Section 3(5) is a distinct principle requiring a prearranged plan.
“P” and “Q”, in furtherance of a prearranged plan to rob “R”, accost him together; while “P” holds “R”, “Q” stabs and kills him. “P” did not himself wield the knife. Under the Bharatiya Nyaya Sanhita, 2023, the provision that fastens liability for the death on “P” as well is:
aSection 190 (common object of an unlawful assembly)
bSection 61 (criminal conspiracy)
cSection 3(5) (acts done by several persons in furtherance of common intention)
dSection 49 (abetment by aiding)
Answer: C
Section 3(5) BNS (corresponding to Section 34 IPC) makes each person liable as if the act were done by him alone where a criminal act is done by several persons in furtherance of a common intention; only two persons are needed, unlike the five required for an unlawful assembly under Section 190.
A goldsmith is entrusted with a customer's gold ornaments to be reset. Instead he sells the gold and pockets the money. Under the Bharatiya Nyaya Sanhita, 2023, the offence committed by the goldsmith is best classified as:
aCriminal breach of trust under Section 316, the property having been received lawfully on entrustment
bExtortion under Section 308
cTheft under Section 303, as the gold was taken away
dCheating under Section 318, as deception was used
Answer: A
Where property is lawfully received on entrustment and then dishonestly misappropriated or converted, the offence is criminal breach of trust under Section 316 BNS; cheating under Section 318 requires a dishonest intention existing at the very inception when the property is parted with.
A married woman dies of burns within four years of marriage, and it is shown that soon before her death she was subjected to cruelty by her husband in connection with a demand for dowry. Under the Bharatiya Nyaya Sanhita, 2023, the offence and its governing section are:
aMurder under Section 103
bCulpable homicide not amounting to murder under Section 105
cDowry death under Section 80
dAbetment of suicide under Section 108
Answer: C
Section 80 BNS (corresponding to Section 304B IPC) defines dowry death where a woman dies of burns or bodily injury otherwise than in normal circumstances within seven years of marriage and was, soon before death, subjected to cruelty or harassment for dowry.
“M” is suddenly assaulted by “N” in a manner that reasonably causes “M” to apprehend that death will otherwise be the consequence. “M”, having no time to seek the protection of public authorities, kills “N”. Under the Bharatiya Nyaya Sanhita, 2023, “M”'s act is:
aNo offence, being a lawful exercise of the right of private defence of the body under Section 38
bCausing death by negligence under Section 106
cMurder under Section 103
dCulpable homicide not amounting to murder under Section 105
Answer: A
Section 38 BNS extends the right of private defence of the body to voluntarily causing the death of the assailant where the assault reasonably causes apprehension of death; such an act, within the restrictions of Section 37, is no offence.
While committing theft of a chain, the offender, in order to take it, suddenly and forcibly snatches it from the wearer's neck. Under the Bharatiya Nyaya Sanhita, 2023, this conduct is specifically dealt with as a distinct offence under:
aSection 304 (snatching)
bSection 308 (extortion)
cSection 309 (robbery) in every case
dSection 303 (theft) only, there being no separate provision
Answer: A
Section 304 BNS introduces 'snatching' as a distinct offence: theft is snatching where, in order to commit theft, the offender suddenly, quickly or forcibly seizes or grabs movable property from a person or his possession.
Two or more persons agree to commit dacoity, and in pursuance of that agreement one of them purchases firearms. No dacoity is ultimately committed. Under the Bharatiya Nyaya Sanhita, 2023, the agreement itself is punishable as:
aCriminal conspiracy under Section 61
bAttempt to commit dacoity under Section 310
cAbetment under Section 45 only
dNo offence, since the dacoity was not committed
Answer: A
Section 61 BNS defines criminal conspiracy as an agreement by two or more persons to do an illegal act or a legal act by illegal means; for offences other than those punishable with death, life imprisonment or rigorous imprisonment of two years or more, an overt act is required besides the agreement.
Following a long course of cruelty and humiliation by her in-laws, a woman is incited and driven to take her own life, which she does. Under the Bharatiya Nyaya Sanhita, 2023, the in-laws who instigated the suicide are liable under:
aSection 103 (punishment for murder)
bSection 80 (dowry death) only
cSection 108 (abetment of suicide)
dSection 226 (attempt to commit suicide)
Answer: C
Section 108 BNS punishes whoever abets the commission of suicide, where a person actually commits suicide; the punishment may extend to ten years and fine.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision empowering a Magistrate to record any confession or statement made in the course of an investigation (corresponding to Section 164 of the Code of Criminal Procedure, 1973) is:
aSection 164
bSection 180
cSection 183
dSection 187
Answer: C
Section 183 of the BNSS, 2023 provides for the recording of confessions and statements by a Magistrate, replacing Section 164 CrPC. It also adds special protections for recording statements of victims of certain sexual offences.
An order for maintenance of wives, children and parents under the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 125 of the Code of Criminal Procedure, 1973) is dealt with under:
aSection 148
bSection 144
cSection 125
dSection 146
Answer: B
Section 144 of the BNSS, 2023 (in Chapter X, Sections 144-147) provides for maintenance of wives, children and parents, corresponding to Section 125 CrPC, 1973.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, when information relating to the commission of a cognizable offence is given to an officer in charge of a police station, the procedure for recording first information (corresponding to Section 154 of the Code of Criminal Procedure, 1973) is contained in:
aSection 193
bSection 173
cSection 175
dSection 154
Answer: B
Section 173 of the BNSS, 2023 governs information in cognizable cases (the FIR), replacing Section 154 CrPC. It also expressly enables recording of information electronically and through Zero FIR.
The power of a Court to summon any person as a witness, or to examine any person in attendance though not summoned, or to recall and re-examine any person already examined (corresponding to Section 311 of the Code of Criminal Procedure, 1973) is contained in which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 356
bSection 348
cSection 311
dSection 351
Answer: B
Section 348 of the BNSS, 2023 confers the power to summon a material witness or examine a person present, corresponding to Section 311 CrPC, 1973.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the power of the Court to examine the accused for the purpose of enabling him to explain incriminating circumstances appearing in evidence against him (corresponding to Section 313 of the Code of Criminal Procedure, 1973) is found in:
aSection 313
bSection 348
cSection 351
dSection 358
Answer: C
Section 351 of the BNSS, 2023 provides for the power to examine the accused, corresponding to Section 313 CrPC, 1973.
A new provision under the Bharatiya Nagarik Suraksha Sanhita, 2023, having no exact counterpart in the Code of Criminal Procedure, 1973, permits inquiry, trial or judgment in absentia of a proclaimed offender who has absconded to evade trial. This provision is:
aSection 356
bSection 299
cSection 482
dSection 84
Answer: A
Section 356 of the BNSS, 2023 introduces inquiry, trial or judgment in absentia of a proclaimed offender, a feature not present as such in the CrPC, 1973; the trial cannot commence until 90 days after framing of charges.
The Bharatiya Nagarik Suraksha Sanhita, 2023 introduces a structured procedure for filing a mercy petition by or on behalf of a convict under sentence of death. This provision is:
aSection 484
bSection 472
cSection 454
dSection 432
Answer: B
Section 472 of the BNSS, 2023 provides the procedure for a mercy petition in death sentence cases, including the thirty-day period to petition the Governor and sixty days thereafter to petition the President.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where the investigation relates to an offence punishable with imprisonment which is not less than ten years, imprisonment for life or death, the maximum total period of detention during investigation beyond which the accused becomes entitled to default bail is:
a180 days
b60 days
c30 days
d90 days
Answer: D
Section 187 of the BNSS, 2023 (corresponding to Section 167 CrPC) prescribes a maximum detention of 90 days for offences punishable with death, life imprisonment or imprisonment of not less than ten years, and 60 days otherwise, after which default bail accrues.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the report of a police officer forwarded to a Magistrate on completion of investigation (the charge-sheet, corresponding to Section 173 of the Code of Criminal Procedure, 1973) is filed under:
aSection 193
bSection 210
cSection 190
dSection 173
Answer: A
Section 193 of the BNSS, 2023 deals with the report of the police officer on completion of investigation (charge-sheet), corresponding to Section 173 CrPC, 1973.
Cognizance of an offence by a Magistrate upon receiving a complaint, upon a police report, or upon information received from a person other than a police officer, under the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 190 of the Code of Criminal Procedure, 1973) is provided under:
aSection 200
bSection 210
cSection 223
dSection 190
Answer: B
Section 210 of the BNSS, 2023 governs cognizance of offences by a Magistrate, corresponding to Section 190 CrPC, 1973.
An agreement by which any party is restricted absolutely from enforcing his rights under a contract through the ordinary tribunals is dealt with by which section of the Indian Contract Act, 1872?
aSection 26
bSection 30
cSection 28
dSection 27
Answer: C
Section 28 renders void any agreement that absolutely restricts a party from enforcing his contractual rights by usual legal proceedings, or which limits the time within which he may do so. Restraint of marriage is Section 26, restraint of trade is Section 27, and wagering agreements are Section 30.
A contracts to sing for B at a concert for Rs. 1,000, paid in advance. A is too ill to sing. As per Section 56 of the Indian Contract Act, 1872, the position is:
aThe contract is voidable at the option of B only
bA is bound to compensate B for any loss caused by non-performance
cA is not bound to make compensation to B for his failure to perform
dA must refund the advance and also pay damages
Answer: C
Under Section 56, a contract to do an act which afterwards becomes impossible becomes void when the act becomes impossible, and A is not bound to compensate B for the non-performance arising from his illness. (B may, however, recover the advance under Section 65.)
Where the parties to a contract agree to substitute a new contract for the existing one, so that the original contract need not be performed, this is known under Section 62 of the Indian Contract Act, 1872 as:
anovation
bwaiver
caccord and satisfaction
dremission
Answer: A
Section 62 provides that if the parties to a contract agree to substitute a new contract for it, or to rescind or alter it, the original contract need not be performed. Substitution of a new contract for an old one is novation.
Necessaries are supplied to a lunatic incapable of contracting. As per Section 68 of the Indian Contract Act, 1872, the person who furnished the supplies:
acan recover only against the lunatic personally after he recovers
bis entitled to reimbursement from the State
cis entitled to be reimbursed from the property of the lunatic
dcan recover nothing, as the contract with a lunatic is void
Answer: C
Section 68 is a quasi-contractual provision: where necessaries suited to the condition in life of a person incapable of contracting (such as a minor or lunatic) are supplied, the supplier is entitled to be reimbursed from the property of such incompetent person, not from him personally.
Section 73 of the Indian Contract Act, 1872, relating to compensation for loss or damage caused by breach of contract, provides that such compensation is NOT to be given for any loss or damage which is:
adirect and natural
breasonably foreseeable
cin the parties' contemplation
dremote and indirect
Answer: D
Section 73 entitles the injured party to compensation for loss or damage arising naturally in the usual course of things, or which the parties knew would likely result from the breach; the Explanation expressly states that compensation is not to be given for any remote and indirect loss.
Where a sum is named in a contract as the amount to be paid in case of breach, Section 74 of the Indian Contract Act, 1872 entitles the aggrieved party to receive:
adouble the named sum where the breach is wilful
bthe entire named sum in every case, as agreed liquidated damages
cnothing, unless actual loss is strictly proved
dreasonable compensation not exceeding the amount so named, whether or not actual damage is proved
Answer: D
Section 74 provides that where a sum is named or a penalty stipulated, the party complaining of breach is entitled to reasonable compensation not exceeding the amount named, irrespective of whether actual damage or loss is proved. It dispenses with the English distinction between penalty and liquidated damages.
Under Section 3 of the Limitation Act, 1963, a suit instituted after the prescribed period of limitation shall be:
akept pending until the defendant raises the objection of limitation
bdecided on merits, limitation being merely a procedural irregularity
cdismissed, although limitation has not been set up as a defence
ddismissed only if the defendant pleads the bar of limitation
Answer: C
Section 3(1) directs the court to dismiss every suit, appeal or application made after the prescribed period, 'although limitation has not been set up as a defence'. The bar of limitation is mandatory and the court must apply it on its own.
Where the prescribed period for an application expires on a day when the court is closed, Section 4 of the Limitation Act, 1963 provides that the application may be made:
aon the last working day immediately preceding such closed day
bwithin thirty days of the court reopening, with leave
conly after seeking condonation of delay under Section 5
don the day the court reopens
Answer: D
Section 4 provides that where the period prescribed expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day the court reopens. No condonation is required.
Section 5 of the Limitation Act, 1963 empowering the court to admit a proceeding after the prescribed period on sufficient cause being shown, applies to:
aapplications under Order XXI of the Code of Civil Procedure, 1908
bsuits and appeals only
csuits, appeals and applications alike
dappeals and applications, but not to suits
Answer: D
Section 5 permits condonation of delay for any appeal or any application (other than one under Order XXI CPC). It does not apply to suits, where limitation cannot be extended on 'sufficient cause'.
The class of applications expressly excluded from the benefit of condonation of delay under Section 5 of the Limitation Act, 1963 is:
aapplications for leave to appeal as an indigent person
bapplications under Order IX of the Code of Civil Procedure, 1908
capplications for review of judgment
dapplications under Order XXI of the Code of Civil Procedure, 1908
Answer: D
The proviso/text of Section 5 excludes applications under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (execution applications) from condonation of delay.
In computing the period of limitation for an appeal, Section 12 of the Limitation Act, 1963 requires exclusion of:
athe time taken by the appellant to engage an advocate
bthe entire period during which the appellant was negotiating a settlement
cthe day from which the period is to be reckoned, and the time requisite for obtaining a copy of the decree or order appealed from
donly the day on which the decree was pronounced
Answer: C
Section 12(1) excludes the day from which the period is reckoned, and Section 12(2) excludes the day on which the judgment was pronounced and the time requisite for obtaining a copy of the decree or order appealed from.
Under Section 13 of the Negotiable Instruments Act, 1881, which of the following is NOT a 'negotiable instrument' within the meaning of the Act?
aA bill of exchange payable to bearer
bA promissory note payable to order
cA cheque payable to order
dA fixed deposit receipt issued by a bank
Answer: D
Section 13(1) defines a 'negotiable instrument' to mean only a promissory note, bill of exchange or cheque payable either to order or to bearer; a fixed deposit receipt is not included.
As per Section 6 of the Negotiable Instruments Act, 1881, the expression 'cheque' includes:
aonly a written bill of exchange drawn on a banker payable on demand
ba banker's pay order payable after demand
ca demand draft issued by a bank
dthe electronic image of a truncated cheque and a cheque in the electronic form
Answer: D
Section 6 defines a cheque as a bill of exchange drawn on a specified banker and payable on demand, and expressly includes the electronic image of a truncated cheque and a cheque in the electronic form.
Within what period from the date of dishonour of a cheque must the payee give written notice demanding payment to the drawer, as required by the proviso to Section 138 of the Negotiable Instruments Act, 1881?
aWithin fifteen days of receipt of information of dishonour from the bank
bWithin forty-five days of receipt of information of dishonour from the bank
cWithin one month of receipt of information of dishonour from the bank
dWithin thirty days of receipt of information of dishonour from the bank
Answer: D
The proviso (b) to Section 138 requires the payee or holder in due course to make a written demand for payment within thirty days of receiving information of dishonour from the bank.
Under Section 138 of the Negotiable Instruments Act, 1881, after receipt of the statutory demand notice, the cause of action to file a complaint arises only if the drawer fails to make payment within:
afifteen days of receipt of the notice
bseven days of receipt of the notice
cthirty days of receipt of the notice
done month of receipt of the notice
Answer: A
Proviso (c) to Section 138 provides that the offence is complete only when the drawer fails to pay within fifteen days of receipt of the demand notice.
A cheque under Section 138 of the Negotiable Instruments Act, 1881 must be presented to the bank within:
athree months from the date on which it is drawn
ba period of six months from the date on which it is drawn, or within the period of its validity, whichever is earlier
cone year from the date on which it is drawn
dthe period of its validity only, irrespective of any outer limit
Answer: B
Clause (a) of Section 138 requires presentment within six months from the date the cheque is drawn or within its period of validity, whichever is earlier (banking practice now treats validity as three months, but the statutory outer limit in the section is six months).
Under Section 123 of the Transfer of Property Act, 1882, a gift of immovable property is effected by:
adelivery of possession alone
ban oral declaration followed by mutation of revenue records
can unregistered instrument attested by two witnesses
da registered instrument signed by or on behalf of the donor and attested by at least two witnesses
Answer: D
Section 123 requires that a gift of immovable property be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses; a gift of movable property may be made by such an instrument or by delivery.
The rule against perpetuity contained in Section 14 of the Transfer of Property Act, 1882 provides that no transfer can create an interest which is to take effect after:
aa fixed period of twenty-one years from the date of transfer
bthe lifetime of one or more living persons and a further period of eighteen years
cthe lifetime of the transferor only
dthe lifetime of one or more persons living at the date of the transfer and the minority of a person in existence at the expiration of that period
Answer: D
Section 14 forbids creating an interest that takes effect after the lifetime of one or more persons living at the date of transfer and the minority of an unborn person who is in existence at the expiration of that period.
Which of the following statements regarding the Transfer of Property Act, 1882 is correct?
aA gift of immovable property may be validly made by mere delivery of possession without any registered instrument
bA contract for the sale of immovable property by itself creates an interest in the property in favour of the buyer
cDuring the pendency of a suit directly raising a question of title to immovable property, the property may be transferred only under the authority of the court and on such terms as it imposes
dA usufructuary mortgage necessarily involves a personal covenant by the mortgagor to repay the mortgage-money on a fixed date
Answer: C
Only (c) is correct under Section 52 (lis pendens). A gift of immovable property requires a registered instrument (Section 123); a contract for sale creates no interest (Section 54); and a usufructuary mortgage has no personal covenant to repay (Section 58(d)).
Under Section 5 of the Transfer of Property Act, 1882, the expression 'transfer of property' means an act by which a living person conveys property, in present or in future, to:
aone or more persons whether living or yet to be born
bthe State or any local authority alone
conly one or more other living persons, and never to himself
done or more other living persons, or to himself, or to himself and one or more other living persons
Answer: D
Section 5 defines transfer of property as conveyance by a living person to one or more other living persons, and 'living person' includes a company or association; the section expressly permits a transfer to oneself or to oneself and others.
Where the Legislature of a State is not in session and the Governor is satisfied that circumstances exist rendering it necessary to take immediate action, the power to promulgate an Ordinance is conferred on the Governor by:
aArticle 123
bArticle 200
cArticle 356
dArticle 213
Answer: D
Article 213 empowers the Governor to promulgate Ordinances during recess of the State Legislature; the corresponding power of the President with respect to Parliament is contained in Article 123.
A District Judge already in the service of the State is to be promoted to a higher post in the cadre of district judges. Under Article 233, the posting and promotion of district judges is made by:
aThe High Court alone
bThe State Government in consultation with the State Public Service Commission
cThe Governor in consultation with the High Court
dThe Chief Justice of the High Court alone
Answer: C
Article 233(1) covers not only appointment but also the 'posting and promotion of' district judges, all of which are to be made by the Governor in consultation with the High Court.
A subordinate court or tribunal proceeds to decide a matter that is wholly beyond its jurisdiction, and the proceedings are still pending before it. The writ that lies to forbid the inferior court from continuing those proceedings is:
aMandamus
bQuo warranto
cCertiorari
dProhibition
Answer: D
A writ of prohibition is issued by a superior court to an inferior court or tribunal to prevent it from continuing proceedings in excess of its jurisdiction; it is preventive and issues while the matter is still pending, whereas certiorari quashes a decision already made.
Under Article 233 of the Constitution of India, a person not already in the service of the Union or of the State is eligible to be appointed as a district judge only if he has been an advocate or pleader for not less than:
afive years and is recommended by the High Court
bseven years and is recommended by the State Public Service Commission
cten years and is recommended by the Governor
dseven years and is recommended by the High Court
Answer: D
Article 233(2) requires that such a candidate must have been an advocate or pleader for not less than seven years and be recommended by the High Court for appointment.
Relief available under the Protection of Women from Domestic Violence Act, 2005 may, under Section 26, also be sought in:
awrit proceedings before the High Court only
bproceedings before the Lok Adalat alone
cany legal proceeding before a civil court, family court or criminal court affecting the aggrieved person and the respondent
donly fresh proceedings instituted exclusively under this Act
Answer: C
Section 26 allows the reliefs under Sections 18 to 22 to be sought in any legal proceeding, before a civil court, family court or a criminal court, affecting the aggrieved person and the respondent, whether such proceeding was initiated before or after the commencement of the Act.
Under Section 28 of the Protection of Women from Domestic Violence Act, 2005, all proceedings under Sections 12, 18 to 23 and offences under Section 31 shall be governed by the provisions of:
athe Code of Criminal Procedure, 1973 (now the Bharatiya Nagarik Suraksha Sanhita, 2023)
bthe Code of Civil Procedure, 1908
cthe Family Courts Act, 1984
dthe Indian Evidence Act exclusively
Answer: A
Section 28(1) provides that, save as otherwise provided in the Act, all proceedings under Sections 12, 18 to 23 and offences under Section 31 shall be governed by the Code of Criminal Procedure, 1973 (now the Bharatiya Nagarik Suraksha Sanhita, 2023), though the court may lay down its own procedure under sub-section (2).
Section 36 of the Protection of Women from Domestic Violence Act, 2005 provides that the provisions of the Act shall be:
ain addition to, and not in derogation of the provisions of any other law for the time being in force
ba complete bar to proceedings under the Penal Code
capplicable only where no remedy is available under any other law
din derogation of the provisions of any other law for the time being in force
Answer: A
Section 36 expressly states that the provisions of the Act are in addition to, and not in derogation of, the provisions of any other law for the time being in force, so remedies under this Act are cumulative.
Under Section 2(a) of the Protection of Women from Domestic Violence Act, 2005, an "aggrieved person" means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to:
aany cruelty within the meaning of Section 498A of the Indian Penal Code
bphysical abuse alone by the respondent
cany act of domestic violence by the respondent
ddesertion by the respondent for not less than two years
Answer: C
Section 2(a) defines an aggrieved person as any woman in a domestic relationship with the respondent who alleges to have been subjected to any act of domestic violence, which is comprehensively defined in Section 3.
Chapter VIII of the Specific Relief Act, 1963 deals with perpetual injunctions. A perpetual injunction under Section 38 is granted:
aOnly by an appellate court
bOnly where the contract can be specifically enforced
cBy the decree made at the hearing and upon the merits of the suit
dBy an interlocutory order during the pendency of the suit
Answer: C
Under Section 38, a perpetual injunction can only be granted by the decree made at the hearing and upon the merits of the suit, thereby perpetually restraining the defendant from asserting a right inconsistent with the plaintiff's.
"D" wrongfully raises a wall obstructing "C's" right of way and "C" sues for its removal. The relief compelling "D" to pull down the wall is granted under which provision of the Specific Relief Act, 1963?
aSection 38 — perpetual injunction
bSection 39 — mandatory injunction
cSection 34 — declaratory decree
dSection 41 — injunction when refused
Answer: B
Section 39 provides that where it is necessary to compel the performance of certain acts to prevent the breach of an obligation, the court may grant a mandatory injunction directing the defendant to perform those acts (such as removing an obstruction).
Under Section 41 of the Specific Relief Act, 1963, an injunction cannot be granted to prevent any person from instituting or prosecuting:
aA suit in the same court in which the injunction is sought
bAny proceeding in a court not subordinate to that from which the injunction is sought
cAny criminal proceeding only
dAny proceeding before a tribunal only
Answer: B
Section 41(b) bars an injunction to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought.
The Juvenile Justice (Care and Protection of Children) Act, 2015 repealed and replaced the:
aProbation of Offenders Act, 1958
bJuvenile Justice (Care and Protection of Children) Act, 2000
cChildren Act, 1960
dGuardians and Wards Act, 1890
Answer: B
Section 111 of the 2015 Act repeals the Juvenile Justice (Care and Protection of Children) Act, 2000, which it replaced with effect from 15 January 2016.
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, a 'child in need of care and protection' is dealt with by the:
aDistrict Magistrate
bChild Welfare Committee
cJuvenile Justice Board
dChildren's Court
Answer: B
Under Sections 27 to 30, a child in need of care and protection (defined in Section 2(14)) is dealt with by the Child Welfare Committee, whereas a child in conflict with law is dealt with by the Juvenile Justice Board.
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, the Juvenile Justice Board shall consist of:
aa Metropolitan Magistrate or Judicial Magistrate of First Class and two social workers, one of whom shall be a woman
ba Sessions Judge and two probation officers
ca District Magistrate and two psychologists
dthree Judicial Magistrates of the First Class
Answer: A
Section 4 provides that the Board consists of a Metropolitan Magistrate or a Judicial Magistrate of the First Class (the Principal Magistrate) and two social workers, of whom at least one shall be a woman.
Which of the following is NOT, by itself, a ground available to a wife alone for divorce under Section 13(2) of the Hindu Marriage Act, 1955?
aThat the marriage was solemnised before she attained fifteen years and she repudiated it after attaining that age but before eighteen
bThat the husband had another wife living at the time of solemnisation of the marriage (pre-Act)
cThat the husband has, since the solemnisation of the marriage, been guilty of rape, sodomy or bestiality
dThat the respondent has been incurably of unsound mind
Answer: D
Unsoundness of mind is a general ground under Section 13(1)(iii) available to either spouse; the other three are special grounds available only to the wife under Section 13(2).
Under Section 5(ii) of the Hindu Marriage Act, 1955, a condition for a valid Hindu marriage is that, at the time of the marriage, neither party:
ais incapable of giving valid consent due to unsoundness of mind
bis a sapinda of the other
cis below the age of twenty-one years
dbelongs to a Scheduled Tribe
Answer: A
Section 5(ii) requires that neither party, at the time of marriage, be incapable of giving valid consent owing to unsoundness of mind, mental disorder, or recurrent insanity.
Section 18 of the Hindu Succession Act, 1956 provides that, where the nature of relationship is the same in every other respect, heirs related to the intestate by:
afull blood shall be preferred to those related by half blood
bhalf blood shall be preferred to those related by full blood
cfull blood and half blood shall inherit equally
duterine blood shall be preferred to those related by full blood
Answer: A
Section 18 lays down the rule that, the nature of relationship being otherwise the same, heirs related by full blood are preferred to those related by half blood.
Where two or more heirs succeed together to the property of an intestate under the Hindu Succession Act, 1956, Section 19 provides that they shall take the property:
aper capita and as tenants-in-common
bper stirpes and as tenants-in-common
cper stirpes and as joint tenants
dper capita and as joint tenants
Answer: A
Section 19 provides that where two or more heirs succeed together, they take the property per capita (not per stirpes) and as tenants-in-common (not as joint tenants), save as otherwise expressly provided in the Act.
Under Section 25 of the Registration Act, 1908, where the delay in presentation of a document is owing to urgent necessity or unavoidable accident, the Registrar may admit it where the delay does not exceed four months, on payment of a fine not exceeding:
aten times the amount of the proper registration fee
btwice the amount of the proper registration fee
cfive times the amount of the proper registration fee
da fixed sum of one thousand rupees
Answer: A
Section 25 permits the Registrar to condone delay not exceeding four months on payment of a fine not exceeding ten times the amount of the proper registration fee.
Under Section 28 of the Registration Act, 1908, a document relating to immovable property must ordinarily be presented for registration in the office of the Sub-Registrar within whose sub-district:
athe document was actually executed
bthe registering officer is most conveniently located
cthe executant ordinarily resides
dthe whole or some portion of the property is situate
Answer: D
Section 28 fixes the place of registration of documents affecting immovable property as the office of the Sub-Registrar within whose sub-district the whole or some portion of the property is situate.
Where, during eviction under Section 6 of the Telangana Land Encroachment Act, 1905, a person resists or obstructs the removing officer without just cause, the Collector may, after a summary inquiry, commit him to close custody for a period NOT exceeding:
a30 days
b15 days
c60 days
d90 days
Answer: A
Section 6(2) permits the Collector, on continuing resistance or obstruction, to commit the obstructer to close custody or to civil jail for a period not exceeding 30 days.
Section 41 of the Telangana Excise Act, 1968, which punishes acts done in contravention of the Act not otherwise provided for, prescribes a maximum punishment of:
aimprisonment up to three months and fine up to one thousand rupees
bimprisonment up to six months and fine up to five thousand rupees
cimprisonment up to two years and fine up to twenty thousand rupees
dimprisonment up to one year and fine up to ten thousand rupees
Answer: B
Section 41 ("Penalty for offences not otherwise provided for") prescribes imprisonment which may extend up to six months and fine which may extend up to five thousand rupees.
Under Section 5(2) of the Telangana Gaming Act, 1974, the power to enter a place, arrest and search persons, and seize moneys and instruments of gaming may be exercised by a police officer not below the rank of:
aDeputy Superintendent of Police
bSub-Inspector of Police
cInspector of Police
dHead Constable
Answer: B
Section 5(2) confers the powers of entry, arrest, search, seizure and freezing of bank accounts on any police officer not below the rank of Sub-Inspector of Police.
Under the Criminal Rules of Practice, 1990, where it is proposed to prove several previous convictions against an accused for the purpose of affecting his punishment, the charges relating to those convictions shall:
abe lumped together in one head of charge
bbe framed only after conviction on the main charge
cbe omitted from the charge and proved only at the sentencing stage
dbe set forth separately, each under a distinct head of charge
Answer: D
Rule 59 of the Criminal Rules of Practice, 1990 directs that previous convictions shall not be lumped in one head of charge but shall be set forth separately, each under a distinct head of charge.
A sells B a field used only for agriculture which is inaccessible except by passing over A's adjoining land. B's right of way over A's land arises as a/an:
aapparent easement under Section 5
beasement of necessity under Section 13
cprescriptive easement under Section 15
dcustomary easement under Section 18
Answer: B
Section 13 provides that on a transfer of immovable property, if an easement is necessary for enjoying the subject of transfer, the transferee is entitled to it as an easement of necessity, illustrated by exactly such an inaccessible field.
Under Section 15 of the Hindu Adoptions and Maintenance Act, 1956, an adoption which has been validly made:
aMay be cancelled by the adoptive father or mother with the court's leave
bMay be cancelled by the adopted child on attaining majority
cCannot be cancelled by the adoptive father or mother, nor can the adopted child renounce the adoptive status and return to the family of birth
dMay be cancelled by mutual consent of the giver and taker
Answer: C
Section 15 declares that no validly made adoption can be cancelled by the adoptive father or mother or any other person, nor can the adopted child renounce its status and return to the family of birth.
Under Section 35 of the Indian Stamp Act, 1899, an instrument chargeable with duty but not duly stamped:
amay be admitted in evidence only in criminal proceedings
bmust be returned to the executant without any further action
cshall not be admitted in evidence for any purpose unless duly stamped, subject to the provisos
dis void and incapable of being validated
Answer: C
Section 35 bars an instrument not duly stamped from being admitted in evidence, acted upon, registered or authenticated, subject to the curative provisos permitting admission on payment of duty and penalty.
Q100Telangana Buildings (Lease, Rent & Eviction) Control Act 1960
Under Section 11 of the Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960, a tenant against whom an eviction application has been made by the landlord shall NOT be entitled to contest the application before the Controller unless he:
aobtains the prior leave of the appellate authority
bdeposits a security equal to six months' rent with the Controller
cpays to the landlord, or deposits with the Controller, all arrears of rent due and continues to pay or deposit rent that subsequently becomes due
dfurnishes two solvent sureties for future rent
Answer: C
Section 11 bars a tenant from contesting an eviction application unless he pays the landlord, or deposits with the Controller, all arrears of rent due and continues to pay/deposit rent accruing until the proceedings end; default can lead to an order to put the landlord in possession.
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