Telangana Judiciary Mock Test 5 — Questions & Solutions
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Under Order XXI, Rule 89 of the Code of Civil Procedure, 1908, a person seeking to set aside a sale of immovable property in execution must deposit in Court, for payment to the auction-purchaser, a sum equal to:
athe entire purchase-money
bten per cent of the purchase-money
ctwenty-five per cent of the purchase-money
dfive per cent of the purchase-money
Answer: D
Order XXI Rule 89(1)(a) requires deposit, for payment to the purchaser, of a sum equal to five per cent of the purchase-money, in addition to the amount specified in the proclamation for the decree-holder. This is a condition precedent to setting aside the sale.
Clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising from any accidental slip or omission, may under Section 152 of the Code of Civil Procedure, 1908 be corrected by the Court:
aonly by the appellate court, not the court that passed the decree
bat any time, either of its own motion or on the application of any party
conly within thirty days of the decree, on the application of a party
donly by way of review under Section 114
Answer: B
Section 152 empowers the Court to correct clerical or arithmetical mistakes or accidental slips or omissions 'at any time' either suo motu or on application; the power is confined to such errors and cannot be used to alter the merits of the judgment.
Explanation VI to Section 11 of the Code of Civil Procedure, 1908, dealing with res judicata, provides that:
aany matter which might and ought to have been made a ground of attack or defence is deemed to have been in issue
ba court of limited jurisdiction competent to try the subsequent suit is deemed competent to try the former suit
cwhere persons litigate bona fide in respect of a public right or a private right claimed in common, all persons interested are deemed to claim under the persons so litigating
da matter heard and finally decided in a court of limited jurisdiction operates as res judicata in a subsequent suit
Answer: C
Explanation VI extends res judicata to representative litigation: where persons litigate bona fide over a public right or a private right claimed in common for themselves and others, all interested persons are deemed to claim under those litigating. Option (a) describes Explanation IV (constructive res judicata).
Under Order XXII, Rule 4(4) of the Code of Civil Procedure, 1908, the Court may exempt the plaintiff from the necessity of substituting the legal representatives of a deceased defendant where such defendant:
ahad failed to file a written statement, or having filed it, had failed to appear and contest the suit at the hearing
bhad filed a written statement and contested the suit at the hearing
chad been declared a proforma defendant by the Court
dhad died before the institution of the suit
Answer: A
Order XXII Rule 4(4) allows the Court, whenever it thinks fit, to exempt the plaintiff from substituting the legal representatives of a defendant who failed to file a written statement, or having filed it, failed to appear and contest; judgment may then be pronounced notwithstanding the death.
Under the Code of Civil Procedure, 1908, the doctrine of res sub judice — staying the trial of a subsequently instituted suit where the matter is directly and substantially in issue in a previously instituted suit between the same parties — is contained in:
aSection 12
bSection 10
cSection 11
dSection 9
Answer: B
Section 10 CPC embodies the rule of res sub judice and directs the court to stay (not dismiss) the later suit where the matter is directly and substantially in issue in a previously instituted suit between the same parties on the same title.
A files a suit against the State of Telangana in respect of an act done by a public officer in his official capacity. As per Section 80 of the Code of Civil Procedure, 1908, no such suit shall be instituted until the expiration of how long after a written notice has been delivered?
aSix months
bOne month
cThree months
dTwo months
Answer: D
Section 80 CPC requires a written notice to be delivered, and no suit against the Government or a public officer (for an official act) can be instituted until the expiration of two months after such notice.
Which provision of the Code of Civil Procedure, 1908 empowers the court, where it appears that there exist elements of a settlement acceptable to the parties, to refer the dispute to arbitration, conciliation, judicial settlement including Lok Adalat, or mediation?
aSection 96
bSection 89
cSection 80
dSection 100
Answer: B
Section 89 CPC empowers the court to formulate terms of a possible settlement and refer the dispute to arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation.
Under Section 96(4) of the Code of Civil Procedure, 1908, no appeal shall lie (except on a question of law) from a decree in any suit cognisable by Courts of Small Cause when the amount or value of the subject-matter of the original suit does NOT exceed:
aThree thousand rupees
bTwenty-five thousand rupees
cTen thousand rupees
dFive thousand rupees
Answer: C
Section 96(4) CPC bars an appeal, except on a question of law, from a decree in a suit of Small Cause nature where the value of the subject-matter does not exceed ten thousand rupees.
A second appeal to the High Court under Section 100 of the Code of Civil Procedure, 1908 lies from a decree passed in appeal by a subordinate court only if the case involves:
aA mixed question of fact and law
bA substantial question of law
cAn error apparent on the face of the record
dAny question of fact
Answer: B
Section 100 CPC permits a second appeal to the High Court only where the case involves a substantial question of law, which must be formulated by the Court.
Under the Code of Civil Procedure, 1908, an order for attachment before judgment, where the defendant is about to dispose of or remove his property with intent to obstruct or delay execution of a decree, is made under:
aOrder XXI Rule 54
bOrder XL Rule 1
cOrder XXXIX Rule 1
dOrder XXXVIII Rule 5
Answer: D
Order XXXVIII Rule 5 CPC deals with attachment before judgment, allowing the court to direct the defendant to furnish security or attach property where he is about to remove or dispose of it to obstruct or delay execution.
A decree of the trial court is reversed by the appellate court, and the defendant who had paid the decretal amount seeks its refund. The proper remedy enabling the court to place the party in the position he would have occupied but for the reversed decree is found in:
aSection 144
bSection 114
cSection 47
dSection 151
Answer: A
Section 144 CPC provides for restitution: where a decree or order is varied, reversed, set aside or modified, the court shall cause restitution so as to place the parties in the position they would have occupied but for that decree.
Order VIII Rule 1 of the Code of Civil Procedure, 1908 ordinarily requires the defendant to present a written statement of his defence within thirty days from the date of service of summons, extendable by the court for reasons to be recorded up to a maximum (in a commercial dispute) of:
a90 days from service of summons
b60 days from service of summons
c150 days from service of summons
d120 days from service of summons
Answer: D
Order VIII Rule 1 fixes thirty days for filing the written statement, extendable up to ninety further days; thus the outer limit (which is mandatory for commercial suits) is 120 days from the date of service of summons.
Under the Code of Civil Procedure, 1908, the power of the court to add, strike out or substitute parties to a suit — so that all questions involved may be completely and effectually adjudicated — is provided in:
aOrder I Rule 10
bOrder XXII Rule 4
cOrder I Rule 9
dOrder II Rule 2
Answer: A
Order I Rule 10 CPC empowers the court to add or substitute parties and to strike out parties improperly joined, so as to enable the court to adjudicate all questions involved in the suit.
Under Section 2(2) of the Code of Civil Procedure, 1908, a 'decree' is preliminary when:
aIt is passed by an appellate court in remand
bIt rejects the plaint under Order VII Rule 11
cFurther proceedings have to be taken before the suit can be completely disposed of
dIt conclusively determines the rights of the parties and disposes of the suit entirely
Answer: C
Per Section 2(2) CPC, a decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of, and final when the adjudication completely disposes of the suit.
Which of the following statements regarding the power of transfer under Section 24 of the Code of Civil Procedure, 1908 is correct?
aOnly the High Court can transfer a suit, never a District Court
bTransfer can be ordered only with the consent of both parties
cThe High Court or the District Court may, at any stage, transfer any suit, appeal or other proceeding pending before it or any court subordinate to it
dA suit can be transferred only after issues are framed
Answer: C
Section 24 CPC confers a general power of transfer and withdrawal on the High Court and the District Court, exercisable at any stage, over suits, appeals or other proceedings pending before it or a subordinate court.
Under the Code of Civil Procedure, 1908, a plaint shall be rejected on which of the following grounds under Order VII Rule 11?
aWhere the defendant has filed a written statement denying the claim
bWhere issues have not yet been framed
cWhere the plaintiff resides outside the local limits of the court's jurisdiction
dWhere it does not disclose a cause of action
Answer: D
Order VII Rule 11 CPC lists the grounds for rejection of a plaint, the first being that it does not disclose a cause of action; the other listed grounds include under-valuation, insufficient stamp, and the suit being barred by law.
In an interpleader suit under the Code of Civil Procedure, 1908, the plaintiff:
aMust be a public officer acting in official capacity
bClaims no interest in the subject-matter other than charges or costs, the dispute being between the rival defendants
cMay only sue if the subject-matter is immovable property
dClaims the full beneficial interest in the subject-matter
Answer: B
In an interpleader suit (Section 88 read with Order XXXV CPC), the plaintiff claims no interest in the subject-matter except costs/charges; the real contest is between the rival defendants who each claim it.
Under Section 2(9) of the Code of Civil Procedure, 1908, 'judgment' means:
aThe formal expression of an adjudication conclusively determining the rights of the parties
bThe formal expression of any decision which is not a decree
cThe statement given by the Judge on the grounds of a decree or order
dEvery order capable of being executed
Answer: C
Section 2(9) CPC defines 'judgment' as the statement given by the judge on the grounds of a decree or order; the formal expression conclusively determining rights is the 'decree' under Section 2(2).
The bar of res judicata under the Code of Civil Procedure, 1908 — preventing a court from trying a matter directly and substantially in issue that has been finally decided in a former suit between the same parties — is contained in:
aSection 10
bSection 12
cSection 13
dSection 11
Answer: D
Section 11 CPC enacts the rule of res judicata, barring a court from trying any issue directly and substantially in issue that was finally heard and decided in a former suit between the same parties litigating under the same title.
Under Section 9 of the Code of Civil Procedure, 1908, the Courts have jurisdiction to try all suits of a civil nature EXCEPTING suits of which their cognizance is:
aeither expressly or impliedly barred
bimpliedly barred only
cbarred by the Limitation Act, 1963
dexpressly barred only
Answer: A
Section 9 CPC empowers civil courts to try all suits of a civil nature except those whose cognizance is either expressly or impliedly barred. The explanation clarifies that a suit involving a right to property or to an office is a suit of a civil nature.
Under the Bharatiya Sakshya Adhiniyam, 2023, the admissibility of an electronic or digital record is not to be denied merely on the ground that it is an electronic or digital record. The provision conferring legal recognition on such records (subject to the conditions in Section 63) is:
aSection 61
bSection 85B
cSection 65A
dSection 65B
Answer: A
Section 61 of the BSA, 2023 provides that electronic or digital records shall not be denied admissibility merely on that ground, and shall have the same legal effect as paper records, subject to Section 63 (which corresponds to Section 65B of the Indian Evidence Act, 1872).
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the rule that 'oral evidence must, in all cases whatever, be direct' is contained in:
aSection 54
bSection 56
cSection 58
dSection 55
Answer: D
Section 55 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) lays down that oral evidence must in every case be direct, i.e., of a fact seen, heard or perceived by the witness himself. Section 54 only states that facts (except documents and electronic records) may be proved by oral evidence.
A is accused of a crime. The fact that, after the commission of the alleged crime, A absconded and used a false name, is relevant under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) as:
asubsequent conduct under Section 6
ban admission under Section 15
can opinion under Section 39
dcharacter evidence under Section 48
Answer: A
Section 6 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) makes the previous or subsequent conduct of any party to a proceeding relevant where such conduct influences or is influenced by a fact in issue or relevant fact; absconding after the offence is classic subsequent conduct.
Which of the following statements regarding confessions under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is correct?
aA confession to a police officer is admissible if made in the presence of a Magistrate
bNo confession made to a police officer shall be proved against an accused
cA confession made to a police officer is admissible if reduced to writing
dA confession to a police officer is admissible only in non-cognizable cases
Answer: B
Section 23(1) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) imposes an absolute bar: no confession made to a police officer shall be proved as against a person accused of any offence, irrespective of the form in which it is made.
So much of the information received from an accused in police custody as relates distinctly to a fact thereby discovered may be proved, whether it amounts to a confession or not. This rule is found in:
aSection 23(1)
bSection 28
cSection 22
dthe proviso to Section 23(2)
Answer: D
The proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is the 'discovery' rule (formerly Section 27 of the Indian Evidence Act, 1872): it permits proof of so much of the information received from an accused in custody as distinctly relates to the fact thereby discovered, even where the rest of the statement is an inadmissible confession to police.
A statement made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death (the dying declaration), is made relevant under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) by:
aSection 26(b)
bSection 26(a)
cSection 27
dSection 55
Answer: B
Clause (a) of Section 26 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) makes relevant statements of a deceased person as to the cause of his death or the circumstances of the transaction resulting in death; the declarant need not have been under expectation of death.
When the Court has to form an opinion upon a point of foreign law, or of science or art, or as to identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters are relevant under:
aSection 45
bSection 41
cSection 38
dSection 39
Answer: D
Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) makes opinions of experts relevant on points of foreign law, science, art, identity of handwriting or finger impressions; such specially skilled persons are termed 'experts'.
Under Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the Court may presume that the signature and execution of a document are genuine when the document is proved to be how old and produced from proper custody?
aTwelve years old
bSixty years old
cThirty years old
dTwenty years old
Answer: C
Section 92 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) permits the Court to presume the genuineness of signature, execution and attestation of a document that is thirty years old and is produced from proper custody.
When a person accused of an offence pleads that his case falls within a General Exception in the Bharatiya Nyaya Sanhita, under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) the burden of proving the existence of such circumstances:
alies on the prosecution throughout
bis shared equally between prosecution and accused
clies on the Court to investigate suo motu
dlies on the accused, and the Court shall presume the absence of such circumstances
Answer: D
Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) places on the accused the burden of proving circumstances bringing his case within any General Exception or proviso, and directs the Court to presume the absence of such circumstances.
The fact that a child was born during the continuance of a valid marriage between his mother and any man is conclusive proof of legitimacy, unless it is shown that the parties had no access to each other when the child could have been begotten. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this rule is contained in:
aSection 116
bSection 117
cSection 115
dSection 119
Answer: A
Section 116 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) treats birth during a valid marriage (or within 280 days after its dissolution, the mother remaining unmarried) as conclusive proof of legitimacy, the only exception being proof of non-access.
Where a woman dies in connection with a demand for dowry and it is shown that soon before her death she was subjected to cruelty or harassment for such demand, the Court shall presume that the accused caused the dowry death. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this presumption is provided in:
aSection 117
bSection 119
cSection 116
dSection 118
Answer: D
Section 118 of the Bharatiya Sakshya Adhiniyam, 2023 (corresponding to the former Section 113B of the Indian Evidence Act, 1872) creates a mandatory presumption ('the Court shall presume') of dowry death where the woman was subjected to cruelty or harassment for dowry soon before her death.
An undertrial prisoner, in order to compel the jail superintendent to grant him a transfer, attempts to commit suicide by refusing food and swallowing a sharp object, but survives. Under the Bharatiya Nyaya Sanhita, 2023, his act is punishable under:
aNo provision, attempt to suicide having been decriminalised
bSection 109 (attempt to murder)
cSection 226 (attempt to commit suicide to compel or restrain exercise of lawful power)
dSection 108 (abetment of suicide)
Answer: C
Section 226 BNS specifically punishes an attempt to commit suicide made with intent to compel or restrain a public servant from discharging his official duty, with simple imprisonment up to one year, fine, or community service.
A group of seven persons, acting in concert, beats a man to death because of his caste. Under the Bharatiya Nyaya Sanhita, 2023, the special provision attracting punishment of death or life imprisonment, or imprisonment of not less than seven years, for each member of such a group is found in:
aSection 117(4) (grievous hurt by a mob)
bSection 103(2) (murder by a group of five or more on specified grounds such as caste, race or community)
cSection 103(1) (ordinary punishment for murder)
dSection 190 (common object)
Answer: B
Section 103(2) BNS is the new mob-lynching limb: where a group of five or more persons acting in concert commits murder on grounds such as race, caste, community, sex, place of birth, language or personal belief, each member is punishable with death or life imprisonment or imprisonment not less than seven years and fine.
A registered medical practitioner, while performing a routine surgical procedure, causes the patient's death by a rash and negligent act, but without any intention or knowledge that death was likely. Under the Bharatiya Nyaya Sanhita, 2023, this situation is dealt with by:
aSection 105 (culpable homicide not amounting to murder)
bSection 103 (murder)
cSection 117 (grievous hurt)
dSection 106 (causing death by negligence), which contains a distinct lighter provision for a registered medical practitioner
Answer: D
Section 106 BNS punishes causing death by a rash or negligent act not amounting to culpable homicide, and carves out a distinct lower punishment for a registered medical practitioner who causes death by a rash or negligent act in the course of a medical procedure.
A child aged ten years, who is shown not to have attained sufficient maturity of understanding to judge the nature and consequences of his conduct, sets fire to a haystack. Under the Bharatiya Nyaya Sanhita, 2023, his act:
aIs no offence under Section 21, the child being above seven and under twelve and of immature understanding
bIs an offence, as immaturity is no defence above seven years
cIs no offence under Section 20, as he is below twelve
dIs punishable as mischief without any exception
Answer: A
Section 21 BNS exempts a child above seven and under twelve years who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct; unlike the absolute immunity for children under seven under Section 20, this exemption is conditional on proof of immature understanding.
“D”, intending only to cause such bodily injury as is likely to cause death (but not intending death and the injury not being sufficient in the ordinary course of nature to cause death), strikes “E”, who dies. The act falls outside every clause that would make it murder. Under the Bharatiya Nyaya Sanhita, 2023, “D”'s act amounts to:
aMurder under Section 101 punishable under Section 103
bGrievous hurt under Section 117
cCulpable homicide not amounting to murder, defined with reference to Section 100 and punishable under Section 105
dCausing death by negligence under Section 106
Answer: C
Section 100 BNS defines culpable homicide; where the act causing death is done with intention of causing such bodily injury as is likely to cause death but does not satisfy any clause of murder under Section 101, it is culpable homicide not amounting to murder, punishable under Section 105 BNS.
Under the Bharatiya Nyaya Sanhita, 2023, in calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for how many years, unless otherwise provided?
aThirty years
bTwenty-five years
cTwenty years
dFourteen years
Answer: C
Section 6 of the BNS, 2023 provides that for calculating fractions of terms of punishment, imprisonment for life is reckoned as equivalent to twenty years (under the repealed IPC Section 57, it was fourteen years).
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'snatching' is defined and made punishable under:
aSection 308
bSection 309
cSection 303
dSection 304
Answer: D
Section 304 BNS introduces 'snatching' as a distinct offence (theft where the offender suddenly, quickly or forcibly seizes or grabs movable property), a new provision absent in the IPC; Section 303 deals with theft generally.
A threatens to publish a defamatory imputation concerning Z unless Z gives him money, and thereby dishonestly induces Z to deliver money. Under the Bharatiya Nyaya Sanhita, 2023, A has committed:
aCriminal breach of trust
bCheating
cExtortion
dRobbery
Answer: C
Putting a person in fear of injury (including injury to reputation) and thereby dishonestly inducing delivery of property is extortion under Section 308 BNS.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the chapter dealing with Plea Bargaining is:
aChapter XXV (Sections 307-336)
bChapter XXIII (Sections 289-300)
cChapter XXI (Sections 271-282)
dChapter XXXV (Sections 478-496)
Answer: B
Plea Bargaining under the BNSS, 2023 is contained in Chapter XXIII, Sections 289 to 300, corresponding to Chapter XXI-A (Sections 265A-265L) of the CrPC, 1973.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the provision empowering the High Court or Court of Session to grant anticipatory bail (corresponding to Section 438 of the Code of Criminal Procedure, 1973) is:
aSection 482
bSection 483
cSection 480
dSection 438
Answer: A
Section 482 of the BNSS, 2023 provides for the grant of bail to a person apprehending arrest (anticipatory bail), corresponding to Section 438 CrPC, 1973.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the provisions relating to security for keeping the peace and for good behaviour are contained in:
aChapter X (Sections 144-147)
bChapter XVIII (Sections 234-247)
cChapter IX (Sections 125-143)
dChapter VI (Sections 35-62)
Answer: C
Chapter IX of the BNSS, 2023 (Sections 125-143) deals with security for keeping the peace and for good behaviour, corresponding to Chapter VIII of the CrPC, 1973.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case under which provision?
aSection 173
bSection 175
cSection 174
dSection 176
Answer: B
Section 175 of the BNSS, 2023 confers on the officer in charge of a police station the power to investigate a cognizable case without a Magistrate's order, corresponding to Section 156 CrPC, 1973.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the general provisions relating to arrest of persons, including how an arrest is to be made, are contained in:
aChapter VI (Sections 35-62)
bChapter VII (Sections 35-62)
cChapter V (Sections 35-62)
dChapter VIII (Sections 35-62)
Answer: A
Chapter VI of the BNSS, 2023 (Sections 35 to 62) deals with the arrest of persons, with Section 35 corresponding to the arrest provisions of Section 41 CrPC, 1973.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the power of a police officer to arrest a person without a warrant for a cognizable offence is contained in:
aSection 35
bSection 43
cSection 39
dSection 41
Answer: A
Section 35 of the BNSS, 2023 confers the power to arrest without a warrant for a cognizable offence; it corresponds to Section 41 of the old CrPC, 1973.
Under Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where the offence is punishable with imprisonment of less than three years and the person is infirm or above sixty years of age, no arrest shall be made without the prior permission of an officer not below the rank of:
aStation House Officer
bInspector General of Police
cDeputy Superintendent of Police
dSuperintendent of Police
Answer: C
Section 35(7) BNSS is a new safeguard requiring prior permission of an officer not below the rank of Deputy Superintendent of Police before arresting an infirm person or one above sixty years of age for an offence punishable with less than three years' imprisonment.
The provision dealing with information relating to the commission of a cognizable offence (registration of the First Information Report) under the Bharatiya Nagarik Suraksha Sanhita, 2023 is:
aSection 154
bSection 187
cSection 173
dSection 175
Answer: C
Section 173 of the BNSS, 2023 governs registration of information in cognizable cases (the FIR provision); it corresponds to Section 154 of the old CrPC and now permits registration of a 'Zero FIR' irrespective of the area.
The recording of confessions and statements by a Magistrate during investigation is provided for under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 183
bSection 164
cSection 187
dSection 180
Answer: A
Section 183 of the BNSS, 2023 empowers a Magistrate to record confessions and statements during investigation; it corresponds to Section 164 of the old CrPC, 1973.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in the absence of a special order of a Magistrate, a person arrested without a warrant shall not be detained in police custody for a period exceeding:
a36 hours
b24 hours
c48 hours
d12 hours
Answer: B
Section 187 BNSS retains the constitutional safeguard that detention without a Magistrate's order shall not exceed 24 hours, exclusive of the time necessary for the journey from the place of arrest to the Magistrate's court.
Under Section 128 of the Indian Contract Act, 1872, the liability of the surety is, unless otherwise provided by the contract:
aco-extensive with that of the principal debtor
bcontingent upon the insolvency of the principal debtor
climited to one-half of the principal debtor's liability
dsecondary and arises only after the creditor exhausts remedies against the principal debtor
Answer: A
Section 128 states that the liability of the surety is co-extensive with that of the principal debtor, unless otherwise provided by the contract. The creditor need not first proceed against the principal debtor before suing the surety.
The general lien of bankers, factors, wharfingers, attorneys of a High Court and policy-brokers is recognised under which section of the Indian Contract Act, 1872?
aSection 171
bSection 170
cSection 172
dSection 148
Answer: A
Section 171 confers a general lien on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers, absent a contract to the contrary. Section 170 is the bailee's particular lien, Section 172 defines pledge, and Section 148 defines bailment.
The bailment of goods as security for payment of a debt or performance of a promise is, under the Indian Contract Act, 1872, called:
aa mortgage
ba pledge
ca charge
da hypothecation
Answer: B
Section 172 defines pledge as the bailment of goods as security for payment of a debt or performance of a promise; the bailor is the 'pawnor' and the bailee the 'pawnee'.
In the absence of any contract to that effect, an agent who enters into a contract on behalf of his principal, under Section 230 of the Indian Contract Act, 1872:
ais personally bound but cannot personally enforce it
bcannot personally enforce the contract, nor is he personally bound by it
ccan personally enforce the contract and is personally bound by it
dcan personally enforce it but is not personally bound
Answer: B
Section 230 lays down that, absent a contract to the contrary, an agent can neither personally enforce contracts entered into on behalf of his principal nor be personally bound by them. Such a contrary contract is, however, presumed in three cases (foreign principal, undisclosed principal, and a disclosed principal who cannot be sued).
A agrees with B to discover treasure by magic. Under the Indian Contract Act, 1872, this agreement is:
avoid as an agreement to do an impossible act
benforceable as a contingent contract
cvalid if some treasure is found
dvoidable at the option of B
Answer: A
Section 56, first paragraph, declares that an agreement to do an act impossible in itself is void. Discovering treasure by magic is impossible in itself, so the agreement is void ab initio.
Which of the following persons is NOT competent to contract under Section 11 of the Indian Contract Act, 1872?
aA person of sound mind not disqualified by any law to which he is subject
bA person who has attained the age of majority and is of sound mind
cA minor who has not completed eighteen years of age
dA trader of full age carrying on lawful business
Answer: C
Section 11 declares competent every person who is of the age of majority, of sound mind, and not disqualified from contracting by any law to which he is subject. A minor (one who has not completed eighteen years) is therefore not competent to contract, and an agreement with a minor is void ab initio.
Section 14 of the Limitation Act, 1963 allows exclusion of the time during which the plaintiff has been prosecuting another civil proceeding, provided that proceeding was:
apending in a court of competent jurisdiction
bprosecuted with due diligence and in good faith in a court unable to entertain it for defect of jurisdiction or like cause
cwithdrawn by the plaintiff for any reason whatsoever
ddismissed for default of appearance of the plaintiff
Answer: B
Section 14 excludes time spent bona fide and with due diligence in prosecuting a prior civil proceeding before a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it.
Where a suit is based upon the fraud of the defendant, Section 17 of the Limitation Act, 1963 provides that the period of limitation shall not begin to run until:
aa criminal court convicts the defendant of fraud
bthe plaintiff has discovered the fraud, or could, with reasonable diligence, have discovered it
cthe suit is actually instituted
dthe defendant admits the fraud in writing
Answer: B
Section 17(1) postpones the commencement of limitation in cases of fraud, concealment or mistake until the plaintiff has discovered the fraud or mistake, or could with reasonable diligence have discovered it.
For an acknowledgment of liability to give a fresh start of limitation under Section 18 of the Limitation Act, 1963, it must be:
amade after the expiry of the prescribed period and signed by the claimant
bmade in writing and signed by the party against whom the right is claimed, before the expiration of the prescribed period
can unconditional promise to pay the debt
doral, provided it is proved by two witnesses
Answer: B
Section 18 requires the acknowledgment of liability to be in writing, signed by the party against whom the right is claimed (or his agent), and made before the expiration of the prescribed period; a fresh period then runs from the date of signing.
Under Section 18 of the Limitation Act, 1963, an acknowledgment is NOT rendered invalid merely because it:
ais signed by the agent of the party liable
bis contained in a registered document
comits to specify the exact nature of the property or right, or is accompanied by a refusal to pay
dis addressed to the person entitled to the right
Answer: C
Explanation (a) to Section 18 provides that an acknowledgment may be sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment has not come, or is accompanied by a refusal to pay, or is coupled with a claim of set-off, or is addressed to a person other than the rights-holder.
Under Section 19 of the Limitation Act, 1963, where part-payment of a debt is made before the expiration of the prescribed period, a fresh period of limitation is computed from the date of payment only if:
athe creditor issues a stamped receipt
ban acknowledgment of the payment appears in the handwriting of, or in writing signed by, the person making the payment
cthe payment is made by cheque drawn on a scheduled bank
dthe payment is witnessed by a notary
Answer: B
Under the proviso to Section 19, a fresh period runs from the date of part-payment only if an acknowledgment of the payment appears in the handwriting of, or in a writing signed by, the person making the payment.
Under Section 142(1)(b) of the Negotiable Instruments Act, 1881, a complaint for an offence under Section 138 must ordinarily be made in writing within:
afifteen days of the date on which the cause of action arises
bsix months of the date on which the cause of action arises
cthree months of the date on which the cause of action arises
done month of the date on which the cause of action arises under clause (c) of the proviso to Section 138
Answer: D
Section 142(1)(b) requires the complaint to be made within one month of the date the cause of action arises under proviso (c) to Section 138, subject to the court's power to condone delay.
Where a cheque is delivered for collection through an account, the offence under Section 138 shall, by virtue of Section 142(2) of the Negotiable Instruments Act, 1881, be tried by the court within whose local jurisdiction:
athe registered office of the drawer company is situated
bthe cheque was physically handed over to the payee
cthe branch of the bank where the payee or holder in due course maintains the account is situated
dthe drawer's bank branch is situated
Answer: C
Section 142(2)(a), inserted by the 2015 Amendment, fixes territorial jurisdiction at the branch of the bank where the payee or holder in due course maintains the account into which the cheque is deposited for collection.
Under Section 139 of the Negotiable Instruments Act, 1881, unless the contrary is proved, it shall be presumed that the holder of a cheque received it:
afor the discharge, in whole or in part, of any debt or other liability
bin his capacity as an agent of the drawer
cas security against a future advance only
das a gift from the drawer
Answer: A
Section 139 raises a rebuttable presumption that the holder received the cheque for the discharge, in whole or in part, of a debt or other liability; the burden of rebutting it lies on the accused.
A, the eldest son of B who is still alive, sells to C his expectant share in B's property which he hopes to inherit on B's death. As per Section 6(a) of the Transfer of Property Act, 1882, this transfer is:
avalid, as A has a present interest
bvoid, being the transfer of a mere chance of an heir-apparent succeeding to an estate (spes successionis)
cvoidable at the option of B
dvalid only if B consents in writing
Answer: B
Section 6(a) declares that the chance of an heir-apparent succeeding to an estate (spes successionis) cannot be transferred; such a transfer is void as it concerns a mere expectancy, not property.
Section 13 of the Transfer of Property Act, 1882 provides that where an interest is created for the benefit of an unborn person subject to a prior interest, the interest in favour of the unborn person does not take effect unless:
ait extends to the whole of the remaining interest of the transferor in the property
bit is followed by a further interest in favour of another unborn person
cthe unborn person is in existence within five years
dit is limited to take effect only during his minority
Answer: A
Section 13 requires that the interest created for an unborn person must extend to the whole of the transferor's remaining interest; a limited or life interest cannot be conferred on an unborn person.
Under the rule against perpetuity in Section 14 of the Transfer of Property Act, 1882, no transfer can create an interest which is to take effect after the lifetime of one or more persons living at the date of the transfer and:
aa further fixed period of twenty-one years in all cases
bthe lifetime of any person whether or not in existence at the date of the transfer
ca further period of eighteen years
dthe minority of some person who shall be in existence at the expiration of that period and to whom, if he attains full age, the interest is to belong
Answer: D
Section 14 fixes the perpetuity period as the lifetime of one or more living persons plus the minority of a person in existence at the expiry of that period to whom the interest is to belong; it does not adopt a fixed 21-year rule.
P transfers a farm to Q on condition that Q shall walk one hundred miles in an hour. Under Section 25 of the Transfer of Property Act, 1882, dealing with conditional transfers, the transfer is:
avalid, the impossible condition being ignored as surplusage
bvoidable at the option of Q
cvoid, because it is made to take effect on the fulfilment of a condition that is impossible
dvalid until the condition is shown to be impossible
Answer: C
Section 25 provides that a transfer made to take effect only on fulfilment of a condition that is impossible, forbidden by law, fraudulent, immoral or opposed to public policy is void; walking 100 miles in an hour is an impossible condition.
The control over district courts and courts subordinate thereto, including the posting, promotion and grant of leave to persons belonging to the judicial service of a State and holding a post inferior to that of district judge, is vested in:
athe State Public Service Commission
bthe State Government
cthe Governor of the State
dthe High Court
Answer: D
Article 235 vests control over the subordinate judiciary in the High Court, securing the independence of the district judiciary from the executive.
Which Article of the Constitution of India directs the State to take steps to separate the judiciary from the executive in the public services of the State?
aArticle 39A
bArticle 50
cArticle 51
dArticle 44
Answer: B
Article 50, a Directive Principle of State Policy, directs the State to separate the judiciary from the executive in the public services of the State.
A resolution to impeach the President of India for violation of the Constitution under Article 61 must be passed by each House by a majority of not less than:
athree-fourths of the total membership of that House
ba simple majority of those present and voting
ctwo-thirds of the total membership of that House
dtwo-thirds of the members present and voting only
Answer: C
Article 61(3) requires the impeachment resolution to be passed by a majority of not less than two-thirds of the total membership of the House.
Under Article 217(1) of the Constitution of India, a Judge of a High Court holds office until he attains the age of:
a62 years
b60 years
c70 years
d65 years
Answer: A
Article 217(1) fixes the retirement age of a High Court Judge at 62 years (raised from 60 by the Fifteenth Amendment, 1963), as against 65 years for a Supreme Court Judge under Article 124(2).
In Hiral P. Harsora v. Kusum Narottamdas Harsora (2016), the Supreme Court, dealing with the definition of "respondent" in Section 2(q) of the Protection of Women from Domestic Violence Act, 2005, held that:
aSection 2(q) is entirely valid and a complaint can lie only against an adult male person
ba complaint can lie only against the husband and not against any relative of the husband
cthe words "adult male" in Section 2(q) are struck down as violative of Article 14, so a complaint may also lie against a female relative
dthe entire definition of respondent under Section 2(q) is unconstitutional
Answer: C
In Hiral P. Harsora v. Kusum Narottamdas Harsora (2016), the Supreme Court struck down the words "adult male" in Section 2(q) as discriminatory, enabling complaints against female relatives such as the wife or sisters of the male respondent.
In Satish Chander Ahuja v. Sneha Ahuja (2020), the Supreme Court, interpreting "shared household" under Section 2(s) of the Protection of Women from Domestic Violence Act, 2005:
aheld that the right to reside extends only to households owned jointly by the husband and wife
bheld that a daughter-in-law has no right to reside in a house owned exclusively by her father-in-law in any circumstance
caffirmed S.R. Batra v. Taruna Batra and held the shared household must belong to or be rented by the husband
doverruled S.R. Batra v. Taruna Batra and held that a shared household need not be one in which the husband has a share or which belongs to the joint family of which the husband is a member
Answer: D
In Satish Chander Ahuja v. Sneha Ahuja (2020), the Supreme Court overruled S.R. Batra v. Taruna Batra and held that the shared household under Section 2(s) is the household where the aggrieved person lived in a domestic relationship, even one belonging to a relative of the husband.
Which of the following is expressly included within "economic abuse" in the Explanation to Section 3 of the Protection of Women from Domestic Violence Act, 2005?
aProhibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use by virtue of the domestic relationship
bFailure to provide separate residence within the meaning of Section 125 of the Code of Criminal Procedure
cAny forcible solemnisation of a second marriage by the respondent
dRefusal to grant a decree of restitution of conjugal rights
Answer: A
The Explanation to Section 3 defines economic abuse to include prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use by virtue of the domestic relationship, including the shared household.
Under Section 12(5) of the Protection of Women from Domestic Violence Act, 2005, the Magistrate shall endeavour to dispose of every application made under Section 12(1) within a period of:
asixty days from the date of the complaint
bthirty days from the date of its first hearing
csixty days from the date of its first hearing
dninety days from the date of its first hearing
Answer: C
Section 12(5) directs the Magistrate to endeavour to dispose of every application made under sub-section (1) within sixty days from the date of its first hearing.
"S" entered into an agreement of sale of land in favour of "B" but later sues only for a bare injunction restraining "S" from alienating the property, when a suit for specific performance is open to him. Under Section 41(h) of the Specific Relief Act, 1963, the injunction is liable to be refused because:
aThe plaintiff is not in possession of the property
bThe defendant has not been served notice
cAn equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust
dAn agreement of sale never creates any right in the property
Answer: C
Section 41(h) provides that an injunction cannot be granted when equally efficacious relief can certainly be obtained by any other usual mode of proceeding (except in cases of breach of trust); the remedy of specific performance is treated as such an equally efficacious relief.
The Specific Relief (Amendment) Act, 2018 inserted Section 20A relating to contracts for infrastructure projects specified in the Schedule. Section 20A provides that the court shall not grant:
aAn injunction where granting it would cause hindrance or delay in the continuation or completion of the infrastructure project
bA declaratory decree concerning such projects
cAny compensation for breach of such contracts
dSpecific performance of such contracts
Answer: A
Section 20A, inserted by the 2018 amendment, bars the grant of an injunction in a suit relating to a contract for an infrastructure project where granting it would cause impediment or delay in the project's progress or completion.
"A" is in possession and enjoyment of property as the lawful owner. "B" denies "A's" title and sets up a rival claim, but does not interfere with possession. The appropriate relief for "A" under Section 34 of the Specific Relief Act, 1963 is a:
aSuit for substituted performance under Section 20
bSuit for a declaration of his title to the property, with the proviso that he cannot omit to seek further relief if able to do so
cSuit for recovery of possession under Section 6
dSuit for mandatory injunction under Section 39
Answer: B
Section 34 allows a person entitled to any legal character or right to property to sue for a declaration; its proviso bars the court from making a declaration where the plaintiff, being able to seek further relief than mere declaration, omits to do so.
Under Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015, for determining the age of a person claimed to be a child, the Committee or Board shall first seek:
aan affidavit sworn by the parents
ban ossification test in every case
cthe opinion of a Medical Board only
dthe date of birth certificate from the school or the matriculation certificate
Answer: D
Section 94(2) prescribes a hierarchy: the date of birth certificate from the school or matriculation certificate is sought first; in its absence the birth certificate from a corporation or municipal authority; and only in the absence of both is an ossification or other medical age test ordered.
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, where a child below sixteen years of age is alleged to have committed a heinous offence, the Juvenile Justice Board shall:
atransfer the case directly to the Children's Court
bconduct an inquiry as in the case of a serious offence and dispose of the matter, without ordering trial as an adult
ctransfer the case to the Court of Session
dconduct a preliminary assessment and may order trial as an adult
Answer: B
Under Section 15 read with Section 18, only a child who has completed or is above sixteen years can be considered for trial as an adult; a child below sixteen, even for a heinous offence, is dealt with by the Board as in a serious offence.
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, an offence for which the maximum punishment is imprisonment up to three years is classified as a:
aheinous offence
bnon-cognizable offence
cpetty offence
dserious offence
Answer: C
Section 2(45) defines a 'petty offence' as one for which the maximum punishment under the IPC or any other law in force is imprisonment up to three years.
Section 13(1A) of the Hindu Marriage Act, 1955 permits either party to a marriage to present a petition for divorce on the ground that there has been no resumption of cohabitation, or no restitution of conjugal rights, for a period of how long after the passing of the relevant decree?
aSix months
bTwo years or upwards
cThree years or upwards
dOne year or upwards
Answer: D
Section 13(1A) allows divorce where there has been no resumption of cohabitation after a decree of judicial separation, or no restitution after a decree for restitution of conjugal rights, for one year or upwards.
The expression 'sapinda relationship' for the purposes of the Hindu Marriage Act, 1955 is defined in:
aSection 3(f)
bSection 5(v)
cSection 7(1)
dSection 3(g)
Answer: A
Section 3(f) defines 'sapinda relationship', while Section 3(g) defines 'degrees of prohibited relationship'; Section 5(v) merely lays down the condition based on the Section 3(f) definition.
Under Section 15 of the Hindu Marriage Act, 1955, after a marriage has been dissolved by a decree of divorce, it shall be lawful for either party to marry again:
aonly after obtaining permission of the District Court
bwhen there is no right of appeal, or the time to appeal has expired without appeal, or an appeal presented has been dismissed
conly after the expiry of one year from the date of the decree
dimmediately upon pronouncement of the decree, in all cases
Answer: B
Section 15 allows remarriage of divorced persons once there is no right of appeal, or the appeal period has expired without an appeal, or any appeal presented has been dismissed.
Section 20 of the Hindu Succession Act, 1956 deals with the right of a child in the womb. A child who was in the womb at the time of the death of an intestate and is subsequently born alive shall have:
athe same right to inherit as if it had been born before the death of the intestate, the inheritance being deemed to vest from the date of death
ba right to inherit only with the leave of the court
ca right to inherit only one-half of a born child's share
dno right of inheritance as the child was not born at the death
Answer: A
Section 20 provides that a child in the womb at the intestate's death and later born alive has the same right to inherit as if born before the death, and the inheritance is deemed to vest as from the date of the intestate's death.
Under Section 25 of the Hindu Succession Act, 1956, a person who commits murder or abets the commission of murder is:
aentitled to inherit the property of the person murdered but liable to forfeit a half share
bdisqualified from inheriting the property of the person murdered or any other property in furtherance of succession to which he committed the murder
centitled to inherit, the question of murder being irrelevant to succession
ddisqualified only if convicted of murder under Section 302 IPC and not otherwise
Answer: B
Section 25 disqualifies a murderer (or abettor of murder) from inheriting the property of the person murdered, or any other property he may seek to succeed to in furtherance of the murder.
Under Section 32 of the Registration Act, 1908, a document required to be registered may be presented at the proper registration office by:
aonly a practising advocate engaged by the executant
bonly the Sub-Registrar acting suo motu
cany member of the public who has an interest in the matter
da person executing or claiming under the document, or his representative, assign, or duly authorised agent under power-of-attorney
Answer: D
Section 32 limits presentation to some person executing or claiming under the document (or under a decree/order), or the representative or assign of such person, or the agent duly authorised by power-of-attorney.
Section 32A of the Registration Act, 1908 makes it obligatory for every person presenting a document for registration to affix to the document his:
aspecimen signature attested by a notary
bAadhaar card and PAN card photocopies
cpassport-size photograph and fingerprints
dincome certificate and caste certificate
Answer: C
Section 32A requires the passport-size photograph and fingerprints of every person presenting a document, and, where it relates to transfer of ownership of immovable property, of each buyer and seller.
Under Section 6(3) of the Telangana Land Encroachment Act, 1905, a person who unauthorizedly re-enters and occupies land from which he was evicted under that section is punishable with imprisonment which may extend to six months or fine which may extend to:
afive thousand rupees
btwo thousand rupees
cone thousand rupees
dfive hundred rupees
Answer: C
Section 6(3), inserted by Act 22 of 1978, punishes unauthorized re-entry after eviction with imprisonment up to six months or fine up to one thousand rupees, or both.
In a prosecution under Section 34, Section 37 or Section 37A of the Telangana Excise Act, 1968, Section 42 provides that in respect of any intoxicant or still found, it shall be presumed, until the contrary is proved, that:
athe accused holds a valid licence under the Act
bthe accused had no intention to commit any offence
cthe intoxicant was meant only for personal consumption
dthe accused has committed the offence punishable under that section, where he is unable to account satisfactorily for possession
Answer: D
Section 42 raises a rebuttable presumption that, in prosecutions under Sections 34, 37 and 37A, the accused has committed the offence in respect of intoxicants, stills or materials for which he is unable to account satisfactorily.
Under the definition of 'gaming' in Section 2(2) of the Telangana Gaming Act, 1974, which of the following is expressly EXCLUDED from the meaning of 'gaming'?
aLucky board and wagering or betting
bOnline gaming for money or any other stakes
cPlaying a game of mutka or satta
dA lottery
Answer: D
Section 2(2) defines 'gaming' to include mutka, satta, online gaming, lucky board and wagering/betting, but expressly states that it 'does not include a lottery'.
Under the Criminal Rules of Practice, 1990, the person against whom an offence is alleged to have been committed shall, in the charge, be described:
aonly as 'the victim' without naming him
bby the serial number assigned to him in the charge-sheet
cby his accidental position in the case as complainant or prosecutor
dby his name and not by his position such as complainant, prosecutor or witness
Answer: D
Rule 60 of the Criminal Rules of Practice, 1990 requires that the person against whom the offence is alleged be described in the charge by his name, and not by his accidental position in the case as complainant, prosecutor or witness.
Under Section 47 of the Indian Easements Act, 1882, a continuous easement is extinguished when it totally ceases to be enjoyed as such for an unbroken period of:
atwelve years
btwenty years
cthirty years
dfifteen years
Answer: B
Section 47 provides that a continuous easement is extinguished when it totally ceases to be enjoyed as such for an unbroken period of twenty years.
Regarding the effect of adoption under Section 12 of the Hindu Adoptions and Maintenance Act, 1956, which of the following statements is correct?
aThe adopted child is divested of property vested in him before adoption
bThe adoption divests any person of any estate which vested in him before the adoption
cThe adopted child retains the right to marry persons he could not have married before adoption
dThe adopted child does not divest any person of any estate which vested in him or her before the adoption
Answer: D
The proviso (c) to Section 12 expressly states that the adopted child shall not divest any person of any estate which vested in him or her before the adoption. Proviso (b) further preserves property vested in the child before adoption, subject to obligations attaching thereto.
Under the proviso to Section 35 of the Indian Stamp Act, 1899, an instrument not duly stamped may be admitted in evidence on payment of the deficient duty together with a penalty of:
afive rupees, or, where ten times the deficient duty exceeds five rupees, a sum equal to ten times such duty or deficient portion
bten rupees only in every case
ctwice the amount of the deficient duty
da sum equal to the deficient duty only, with no penalty
Answer: A
Proviso (a) to Section 35 allows admission on payment of duty plus a penalty of five rupees, or, where ten times the deficient duty exceeds five rupees, a sum equal to ten times such duty or deficient portion.
Q100Telangana Buildings (Lease, Rent & Eviction) Control Act 1960
Under Section 7 of the Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960, a landlord is prohibited from claiming or receiving any premium or other like sum in addition to the agreed or fair rent. However, the landlord may lawfully receive by way of advance:
aan amount not exceeding one month's rent
bno advance whatsoever
can amount not exceeding six months' rent
dan amount not exceeding three months' rent
Answer: A
Section 7 forbids any premium or pugree but permits a landlord to receive an advance not exceeding one month's rent, anything beyond being recoverable by the tenant.
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