Telangana Judiciary Mock Test 6 — Questions & Solutions
Every question from this prelims mock with the correct answer and a detailed, source-backed solution. Free to read. Want the real exam feel — a timer, instant scoring, and a subject-wise weakness report? Take it as a test.
100
Questions
24
Subjects
+ solutions
Every question
Take this as a timed mock test — instant score + subject-wise analytics. First mock free, then ₹999/year for unlimited.
The doctrine of res judicata, which bars a court from trying any suit or issue already heard and finally decided between the same parties, is contained in:
aSection 11 of the CPC, 1908
bSection 10 of the CPC, 1908
cSection 13 of the CPC, 1908
dSection 12 of the CPC, 1908
Answer: A
Section 11 CPC embodies the rule of res judicata. Section 10 deals with the distinct rule of res sub judice (stay of suit), and Section 13 deals with when a foreign judgment is conclusive.
Where two or more courts have jurisdiction to try a suit, Section 15 of the CPC, 1908 requires that the suit shall be instituted in the Court of the:
acourt chosen by the plaintiff irrespective of grade
bDistrict Judge alone
clowest grade competent to try it
dhighest grade competent to try it
Answer: C
Section 15 CPC provides that every suit shall be instituted in the Court of the lowest grade competent to try it. This is a rule of procedure for distribution of business, not one going to jurisdiction.
No suit shall be instituted against the Government or against a public officer in respect of any act purporting to be done in his official capacity until the expiration of how many months after notice in writing has been delivered under Section 80 of the CPC, 1908?
aSix months
bOne month
cThree months
dTwo months
Answer: D
Section 80(1) CPC requires service of a written notice and the expiry of two months thereafter before a suit can be instituted against the Government or a public officer for an act done in official capacity.
The general power of transfer and withdrawal of any suit, appeal or other proceeding pending in a subordinate court is conferred on the High Court and the District Court by:
aSection 24 of the CPC, 1908
bSection 23 of the CPC, 1908
cSection 25 of the CPC, 1908
dSection 22 of the CPC, 1908
Answer: A
Section 24 CPC vests in the High Court and the District Court a general power, on application of a party or suo motu, to transfer or withdraw any suit, appeal or proceeding. Section 25 deals with the Supreme Court's power of transfer.
A second appeal to the High Court under Section 100 of the CPC, 1908 lies only where the High Court is satisfied that the case involves:
aany question of fact
ban error apparent on the face of the record
ca substantial question of law
da mixed question of fact and law
Answer: C
Section 100 CPC permits a second appeal to the High Court only where the case involves a substantial question of law, which the High Court must formulate. The first appellate court is the final court on questions of fact.
Where a decree is varied or reversed in appeal, the court of first instance, on application of any party entitled to a benefit, shall cause restitution to be made under:
aSection 148 of the CPC, 1908
bSection 144 of the CPC, 1908
cSection 151 of the CPC, 1908
dSection 141 of the CPC, 1908
Answer: B
Section 144 CPC embodies the doctrine of restitution, requiring the court of first instance to place the parties in the position they would have occupied but for the decree that has been varied or reversed.
Under the proviso to Order VIII Rule 1 of the CPC, 1908, where a defendant fails to file the written statement within thirty days, the court may allow him to do so but not later than how many days from the date of service of summons?
aSixty days
bNinety days
cOne hundred and twenty days
dForty-five days
Answer: B
The proviso to Order VIII Rule 1 CPC fixes an outer limit of ninety days from service of summons for filing the written statement in an ordinary civil suit, recording reasons in writing.
An application by a defendant to set aside a decree passed ex parte against him is made under:
aOrder IX Rule 9 of the CPC, 1908
bOrder IX Rule 7 of the CPC, 1908
cOrder IX Rule 13 of the CPC, 1908
dOrder XLI Rule 21 of the CPC, 1908
Answer: C
Order IX Rule 13 CPC allows a defendant against whom an ex parte decree is passed to apply to have it set aside on proof that summons was not duly served or that he was prevented by sufficient cause from appearing. Order IX Rule 9 deals with dismissal of suit for plaintiff's default.
Which one of the following is NOT a ground for rejection of a plaint under Order VII Rule 11 of the CPC, 1908?
aThe suit appears from the statements in the plaint to be barred by any law
bThe defendant has a strong defence on the merits of the claim
cThe plaint does not disclose a cause of action
dThe relief claimed is undervalued and is not corrected within the time fixed by the court
Answer: B
Order VII Rule 11 CPC lists grounds such as no cause of action, undervaluation, insufficient stamping, and suit barred by law; the strength of the defendant's defence on merits is not a ground for rejecting the plaint.
Temporary injunctions during the pendency of a suit are governed by which provision of the CPC, 1908?
aOrder XL Rule 1
bOrder XXXVIII Rule 5
cOrder XXXIX Rules 1 and 2
dOrder XXVI Rule 9
Answer: C
Order XXXIX Rules 1 and 2 CPC empower the court to grant a temporary injunction to restrain, stay or prevent acts during the pendency of a suit. Order XXXVIII Rule 5 deals with attachment before judgment.
All questions arising between the parties to the suit in which the decree was passed and relating to the execution, discharge or satisfaction of the decree shall be determined by the executing court and NOT by a separate suit, by virtue of:
aSection 47 of the CPC, 1908
bSection 51 of the CPC, 1908
cSection 38 of the CPC, 1908
dSection 60 of the CPC, 1908
Answer: A
Section 47 CPC requires all questions relating to execution, discharge or satisfaction of the decree between parties to the suit to be decided by the executing court, barring a separate suit. Section 51 lists the modes of executing a decree.
A suit may be filed by a person who has no sufficient means to pay the court fee required for the plaint, by following the procedure for:
ainterpleader suits under Order XXXV
bsuits by or against the Government under Order XXVII
csuits relating to mortgages under Order XXXIV
dsuits by indigent persons under Order XXXIII
Answer: D
Order XXXIII CPC enables an indigent person, one who lacks sufficient means to pay the prescribed court fee, to institute a suit without paying court fee in the first instance, subject to the court's permission.
Where one of two or more plaintiffs dies and the right to sue does not survive to the surviving plaintiffs alone, and no application for substitution of the legal representative is made within the prescribed time, the suit shall:
abe stayed indefinitely
babate so far as the deceased plaintiff is concerned
cbe dismissed for default
dbe transferred to the District Court
Answer: B
Under Order XXII CPC, on the death of a plaintiff where the right to sue does not survive to the survivors alone, the suit abates qua the deceased if no legal representative is brought on record within the period of limitation.
The expression 'mesne profits' is defined in the CPC, 1908 to mean those profits which the person in wrongful possession of property actually received or might with ordinary diligence have received therefrom, together with interest, but does NOT include profits due to:
athe letting out of the property
bthe ordinary cultivation of the land
cthe natural increase of the property
dimprovements made by the person in wrongful possession
Answer: D
Section 2(12) CPC defines 'mesne profits' and expressly excludes profits due to improvements made by the person in wrongful possession, while including interest on such profits.
Under the Code of Civil Procedure, 1908, a second appeal lies to the High Court under Section 100 only if the case involves:
aa mixed question that the lower appellate court refused to decide
bany question of fact or law
ca question of fact alone
da substantial question of law
Answer: D
Section 100 CPC permits a second appeal to the High Court only where the case involves a substantial question of law, which the High Court must formulate under sub-section (4); the appeal is then heard only on the question(s) so framed.
Section 89 of the Code of Civil Procedure, 1908 deals with:
arestitution of benefit under a reversed decree
bsettlement of disputes outside the Court
cinherent powers of the Court
dtransfer of suits between courts
Answer: B
Section 89, inserted by the CPC (Amendment) Act, 1999, empowers the Court to refer disputes for settlement outside the Court through arbitration, conciliation, judicial settlement including Lok Adalat, or mediation.
Which of the following statements regarding notice under Section 80 of the Code of Civil Procedure, 1908 is correct?
aNotice is required only in suits against private individuals, not the Government
bThe notice period is six months and can never be dispensed with by the Court
cNo suit against the Government or a public officer (for an act in official capacity) shall be instituted until the expiration of two months after notice in writing
dNo suit against the Government shall be instituted until the expiration of one month after notice in writing
Answer: C
Section 80(1) CPC requires a two-month prior written notice before instituting a suit against the Government or a public officer for an act done in official capacity; under Section 80(2) the Court may grant leave to sue without notice in cases of urgent or immediate relief.
Section 144 of the Code of Civil Procedure, 1908 deals with:
aenlargement of time
binherent powers of the Court
ccaveat
dapplication for restitution
Answer: D
Section 144 CPC provides for restitution, by which the Court restores to a party the benefit the other party received under a decree or order that has since been varied or reversed.
Under Section 148 of the Code of Civil Procedure, 1908, where any period is fixed or granted by the Court for the doing of any act prescribed or allowed by the Code, the Court may enlarge such period even though the originally fixed period has expired, up to a total of:
athere is no outer limit; the Court may enlarge for any period
bthirty days in total
csixty days in total
dninety days in total
Answer: B
After the 1999 amendment, Section 148 CPC caps the enlargement of time so granted at a total of thirty days from the originally fixed or granted period.
Under Order VIII Rule 1 of the Code of Civil Procedure, 1908, a defendant must ordinarily present the written statement within thirty days of service of summons, and the Court may, for recorded reasons, extend the time, but not later than:
asixty days from the date of service of summons
bone hundred and twenty days from the date of service of summons
cninety days from the date of service of summons
dforty-five days from the date of service of summons
Answer: C
Order VIII Rule 1 CPC requires the written statement within thirty days of service of summons; the Court may allow a later day for reasons recorded in writing, but not beyond ninety days from the date of service of summons.
A witness may be cross-examined as to previous statements made by him in writing relevant to matters in question, without such writing being shown to him; but if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts to be used for contradiction. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this is provided by:
aSection 148
bSection 142
cSection 143
dSection 149
Answer: A
Section 148 of the Bharatiya Sakshya Adhiniyam, 2023 (corresponding to Section 145 of the Indian Evidence Act, 1872) governs cross-examination as to previous statements in writing; the witness's attention must be drawn to the contradictory portions before the writing can be proved against him.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the examination of a witness by the party who calls him is called:
are-examination
bexamination-in-chief
ccross-examination
dleading examination
Answer: B
Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 (corresponding to Section 137 of the Indian Evidence Act, 1872) defines examination-in-chief as the examination of a witness by the party who calls him; cross-examination is by the adverse party and re-examination follows cross-examination, by the party who called the witness.
An admission is defined under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) as a statement, oral or documentary or contained in electronic form, which suggests any inference as to a fact in issue or relevant fact, made by certain persons. The definition is found in:
aSection 22
bSection 19
cSection 25
dSection 15
Answer: D
Section 15 of the Bharatiya Sakshya Adhiniyam, 2023 (corresponding to Section 17 of the Indian Evidence Act, 1872) defines 'admission' as a statement (oral, documentary or in electronic form) suggesting an inference as to a fact in issue or relevant fact, made by the persons and in the circumstances thereafter mentioned.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the Court 'may presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events, human conduct and public and private business.' This provision is:
aSection 117
bSection 121
cSection 119
dSection 116
Answer: C
Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (corresponding to Section 114 of the Indian Evidence Act, 1872) empowers the Court to presume the existence of facts likely to have happened, having regard to the common course of natural events, human conduct and public and private business; its illustrations include the presumption against an accomplice and as to stolen goods.
Under the Bharatiya Sakshya Adhiniyam, 2023, the relevancy of a statement made by a person as to the cause of his death (commonly called a dying declaration) is dealt with in:
aSection 23(1)
bSection 32(1)
cSection 27
dSection 26(a)
Answer: D
Section 26(a) of the BSA, 2023 makes statements as to the cause of death or the circumstances of the transaction resulting in death relevant, whether or not the declarant was under expectation of death. This corresponds to the erstwhile Section 32(1) of the Indian Evidence Act.
Which section of the Bharatiya Sakshya Adhiniyam, 2023 provides that a confession made to a police officer shall not be proved as against a person accused of any offence?
aSection 23(1)
bSection 25
cSection 22
dSection 24
Answer: A
Section 23(1) of the BSA, 2023 (corresponding to old Section 25 of the Indian Evidence Act, 1872) bars proof of a confession made to a police officer against the accused. Section 22 deals with confessions rendered irrelevant by inducement, threat, coercion or promise from a person in authority.
Under the Bharatiya Sakshya Adhiniyam, 2023, the opinion of a person specially skilled in foreign law, science, art, or in identity of handwriting or finger impressions, is relevant under:
aSection 45
bSection 39
cSection 41
dSection 40
Answer: B
Section 39(1) of the BSA, 2023 makes the opinion of experts relevant on points of foreign law, science, art or any other field, and on questions of handwriting or finger impressions. This corresponds to Section 45 of the old Indian Evidence Act.
Under sub-section (2) of Section 39 of the Bharatiya Sakshya Adhiniyam, 2023, when the court has to form an opinion on any matter relating to information stored or transmitted in any computer resource, whose opinion is a relevant fact?
aThe Examiner of Electronic Evidence referred to in Section 79A of the Information Technology Act, 2000
bThe Investigating Officer who seized the device
cThe Director of the Forensic Science Laboratory
dAny officer of the rank of Inspector or above
Answer: A
Section 39(2) of the BSA, 2023 makes the opinion of the Examiner of Electronic Evidence under Section 79A of the IT Act, 2000 a relevant fact and the Explanation deems such Examiner to be an expert. This is a new addition over the old Section 45A IEA.
The principle of estoppel, that a person who has by his declaration, act or omission intentionally caused another to believe a thing to be true and to act upon it shall not be allowed to deny its truth, is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 119
bSection 123
cSection 115
dSection 121
Answer: D
Section 121 of the BSA, 2023 codifies the rule of estoppel (corresponding to Section 115 of the Indian Evidence Act). Section 122 deals with estoppel of a tenant against the landlord's title.
Under the Bharatiya Sakshya Adhiniyam, 2023, where the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death she was subjected by such person to cruelty or harassment for dowry, the Court:
ashall presume that such person had caused the dowry death
bshall treat it as conclusive proof of dowry death
cshall presume the absence of dowry death
dmay presume that such person caused the dowry death
Answer: A
Section 118 of the BSA, 2023 is a mandatory presumption: the Court 'shall presume' that the accused caused the dowry death once cruelty/harassment for dowry soon before death is shown. 'Dowry death' has the meaning in Section 80 of the BNS, 2023.
Under Section 117 of the Bharatiya Sakshya Adhiniyam, 2023 (presumption as to abetment of suicide by a married woman), the presumption that the suicide was abetted arises only where the woman committed suicide within:
afive years of marriage
bten years of marriage
cseven years of marriage
dthree years of marriage
Answer: C
Section 117 of the BSA, 2023 allows the Court to presume abetment of suicide by the husband or his relative where the woman committed suicide within seven years of marriage and had been subjected to cruelty. The presumption is discretionary ('may presume').
Under the Bharatiya Nyaya Sanhita, 2023, 'dishonestly' is defined in which clause of the definition section (Section 2)?
aSection 2(28)
bSection 2(9)
cSection 2(7)
dSection 2(22)
Answer: C
Section 2(7) BNS defines 'dishonestly' as doing an act with intention of causing wrongful gain to one person or wrongful loss to another; clause 2(9) defines 'fraudulently' and 2(22) defines 'movable property'.
Section 351 of the Bharatiya Nyaya Sanhita, 2023 deals with:
aCheating by personation
bCriminal intimidation
cDefamation
dCriminal breach of trust
Answer: B
Section 351 BNS defines and punishes criminal intimidation (threatening another with injury to person, reputation or property), corresponding to Sections 503/506 IPC.
Which section of the Bharatiya Nyaya Sanhita, 2023 introduces, for the first time, 'community service' as a punishment within the description of an offence such as defamation?
aSection 356
bSection 318
cSection 308
dSection 351
Answer: A
Section 356 BNS (defamation) is among the provisions that expressly provide community service as a punishment, a sentencing form newly introduced by the BNS and absent in the IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of 'criminal breach of trust' is defined in:
aSection 314
bSection 320
cSection 318
dSection 316
Answer: D
Section 316 BNS defines criminal breach of trust (corresponding to Sections 405/406 IPC); Section 314 deals with dishonest misappropriation of property and Section 318 with cheating.
A takes a child below eighteen years of age out of the keeping of the child's lawful guardian without the consent of such guardian. Under the Bharatiya Nyaya Sanhita, 2023, A has committed which offence?
aKidnapping from lawful guardianship under Section 137
bAbduction under Section 138
cWrongful confinement under Section 127
dWrongful restraint under Section 126
Answer: A
Section 137 BNS deals with kidnapping, including kidnapping from lawful guardianship of any child below eighteen years (the threshold is uniform for boys and girls under the BNS).
Under the Bharatiya Nyaya Sanhita, 2023, 'abetment of suicide' is punishable under:
aSection 108
bSection 45
cSection 106
dSection 107
Answer: A
Section 108 BNS punishes abetment of suicide (up to ten years and fine); Section 107 BNS deals with abetment of suicide of a child or person of unsound mind, and Section 45 defines abetment of a thing.
"A", with the intention of causing death, gives "Z" a sword-cut that severs his arm, and Z dies of the wound. Under the Bharatiya Nyaya Sanhita, 2023, the offence of murder is defined in:
aSection 103
bSection 101
cSection 100
dSection 105
Answer: B
Section 101 BNS defines when culpable homicide amounts to murder (corresponding to old Section 300 IPC); Section 100 defines culpable homicide and Section 103 prescribes the punishment for murder.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for an offence punishable with death, imprisonment for life or imprisonment for not less than ten years, the maximum total period of detention pending investigation (beyond which the accused is entitled to default bail) is:
a60 days
b120 days
c90 days
d75 days
Answer: C
Under Section 187 BNSS, the outer limit of 90 days applies where the offence is punishable with death, imprisonment for life, or imprisonment for not less than ten years; on expiry the accused becomes entitled to default bail.
Which section of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandates audio-video electronic recording of the process of search and seizure, and preparation of a list of seized articles signed by witnesses?
aSection 105
bSection 165
cSection 100
dSection 176
Answer: A
Section 105 of the BNSS, 2023 is a new provision making audio-video electronic recording of search and seizure mandatory, with the recording to be forwarded forthwith to the District Magistrate, Sub-Divisional Magistrate or Judicial Magistrate of the first class.
Under Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the visit of a forensic expert to the scene of crime to collect forensic evidence is made mandatory where the offence is punishable with imprisonment for a term of:
aFive years or more
bTen years or more
cThree years or more
dSeven years or more
Answer: D
Section 176(3) BNSS is a new provision requiring forensic experts to visit the crime scene and videograph the collection of evidence where the offence is punishable with seven years' imprisonment or more.
The report of a police officer on completion of investigation (the police report / charge-sheet) is filed under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 210
bSection 190
cSection 193
dSection 173
Answer: C
Section 193 of the BNSS, 2023 provides for the report of the police officer on completion of investigation (charge-sheet); it corresponds to Section 173 of the old CrPC, 1973.
The order for maintenance of wives, children and parents who are unable to maintain themselves is provided under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 164
bSection 152
cSection 125
dSection 144
Answer: D
Section 144 of the BNSS, 2023 deals with the order for maintenance of wives, children and parents; it corresponds to Section 125 of the old CrPC, 1973.
Under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023, before taking cognizance of an offence on a complaint, the Magistrate must, as a new mandatory safeguard:
aGive the accused an opportunity of being heard before cognizance
bRecord the complainant's statement on oath only after issuing process
cForward the complaint to the Sessions Court
dRefer the complaint to mediation
Answer: A
Section 223 BNSS introduces a new proviso requiring the Magistrate to give the accused an opportunity of being heard before taking cognizance of an offence on a complaint, a departure from Section 200 of the old CrPC.
The new provision permitting trial in absentia of a proclaimed offender who has absconded to evade trial is contained in which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 299
bSection 356
cSection 339
dSection 84
Answer: B
Section 356 of the BNSS, 2023 is a new provision allowing inquiry, trial or judgment in absentia against a proclaimed offender who has absconded and against whom there is no immediate prospect of arrest.
Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court of a Judicial Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding:
aThree years
bTwo years
cOne year
dSeven years
Answer: A
Under Section 23 BNSS, a Magistrate of the first class may pass a sentence of imprisonment not exceeding three years, or fine not exceeding fifty thousand rupees, or both, or community service.
Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a first-time offender (not previously convicted) is entitled to be released on bond where he has undergone detention up to a period of:
aOne-half of the maximum period of imprisonment specified for the offence
bOne-fourth of the maximum period of imprisonment specified for the offence
cThe full maximum period of imprisonment specified for the offence
dOne-third of the maximum period of imprisonment specified for the offence
Answer: D
The first proviso to Section 479(1) BNSS is new: a first-time offender shall be released on bond after undergoing detention for up to one-third of the maximum period of imprisonment, whereas the general rule for under-trials is one-half.
The new statutory framework for filing a mercy petition in death sentence cases, prescribing time limits for petitions to the Governor and the President, is provided under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 432
bSection 480
cSection 472
dSection 453
Answer: C
Section 472 of the BNSS, 2023 is a new provision laying down the procedure and time limits for mercy petitions in death sentence cases to the Governor under Article 161 and the President under Article 72.
Under Section 2(d) of the Indian Contract Act, 1872, an act done by the promisee constitutes consideration only when it is done:
avoluntarily and without any request
bat the desire of a third party
cat the desire of the promisor
dafter the promise is made, in every case
Answer: C
Section 2(d) defines consideration as an act, abstinence or promise done 'at the desire of the promisor'; an act done voluntarily, without the promisor's desire, is not consideration.
An agreement enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is defined under the Indian Contract Act, 1872 as a:
avoid agreement
bvoidable contract
ccontingent contract
dquasi-contract
Answer: B
Section 2(i) defines a voidable contract as one enforceable by law at the option of one or more parties but not at the option of the other(s).
P offers a reward to anyone who finds and returns his lost dog. Q, knowing of the offer, finds and returns the dog. As per Section 8 of the Indian Contract Act, 1872, Q's act of returning the dog amounts to:
aa mere invitation to offer
bpast consideration only
cacceptance of the proposal
da counter-proposal
Answer: C
Section 8 provides that performance of the conditions of a proposal is an acceptance of the proposal; performing the act communicated in a general offer constitutes acceptance.
A minor, having fraudulently misrepresented his age, executes a mortgage. Following the principle in Mohori Bibee v. Dharmodas Ghose, the agreement is:
avoid ab initio
bvalid and enforceable against the minor by estoppel
cvoidable at the option of the minor
dbinding once the minor attains majority
Answer: A
In Mohori Bibee v. Dharmodas Ghose (1903) the Privy Council held that an agreement by a minor is void ab initio under Section 11, and there is no estoppel against a minor who misrepresents his age.
Under the Indian Contract Act, 1872, an agreement made without consideration is valid if it is:
aa promise to pay a debt that is not yet barred by limitation
ba promise to make a gift to a stranger
cmade orally on account of natural love and affection between near relatives
dexpressed in writing and registered, and made on account of natural love and affection between parties standing in a near relation to each other
Answer: D
Section 25(1) requires the agreement to be in writing and registered, and made on account of natural love and affection between parties standing in a near relation; an oral promise does not qualify.
As per the Explanation to Section 25 of the Indian Contract Act, 1872, where consent is freely given, an agreement is:
avalid only if consideration is adequate as assessed by the court
bnot void merely because the consideration is inadequate
cvoid if the consideration is inadequate
dvoidable at the option of the party giving inadequate consideration
Answer: B
Explanation 2 to Section 25 states an agreement is not void merely because the consideration is inadequate; inadequacy is only a factor in deciding whether consent was free.
Section 27 of the Limitation Act, 1963 produces a result distinct from the rest of the Act in that, on the expiry of the limitation period prescribed for a suit for possession of property, it:
aextinguishes the right to such property itself
bmerely bars the remedy but preserves the right
cpermits a fresh suit on payment of court fee
dconverts the claim into a money decree
Answer: A
Section 27 is an exception to the general principle that limitation bars only the remedy. On expiry of the period prescribed for a suit for possession of property, the right to that property is itself extinguished.
Under the Schedule to the Limitation Act, 1963, the period of limitation for a suit for possession of immovable property based on title (Article 65) is:
atwelve years from the date when the possession of the defendant becomes adverse to the plaintiff
bsix years from the accrual of title
cthree years from dispossession
dthirty years against the Government
Answer: A
Article 65 of the Schedule prescribes twelve years for a suit for possession of immovable property based on title, computed from the date the defendant's possession becomes adverse to the plaintiff.
Under Article 54 of the Schedule to the Limitation Act, 1963, the three-year period of limitation for a suit for specific performance of a contract is reckoned from the date fixed for performance, or, where no such date is fixed:
afrom the date of execution of the contract
bfrom the date the suit property is sold to a third party
cfrom the date of registration of the agreement
dfrom the date the plaintiff has notice that performance is refused
Answer: D
Article 54 prescribes three years; where no date is fixed for performance, time runs from when the plaintiff has notice that performance is refused.
Article 137 of the Schedule to the Limitation Act, 1963, the residuary article for applications, prescribes a period of:
aone year from the date of the order
btwelve years from when the right to apply accrues
cthree years from when the right to apply accrues
dninety days from the date of the order
Answer: C
Article 137 is the residuary article for any application for which no period of limitation is provided elsewhere; it prescribes three years from when the right to apply accrues.
Under Article 136 of the Schedule to the Limitation Act, 1963, an application for the execution of a decree (other than one granting a mandatory injunction) of a civil court must be made within:
athree years from the date of the decree
bsix years from the date of the decree
ctwelve years from the date when the decree becomes enforceable
dthirty years from the date when the decree becomes enforceable
Answer: C
Article 136 prescribes twelve years for execution of a decree or order of a civil court, computed from the date the decree or order becomes enforceable. A decree granting a perpetual injunction has no limitation period.
Where the person committing an offence under Section 138 is a company, Section 141 of the Negotiable Instruments Act, 1881 deems guilty:
aevery shareholder of the company
bonly the company and not any individual
conly the managing director in all circumstances
devery person who at the time the offence was committed was in charge of and responsible to the company for the conduct of its business, as well as the company
Answer: D
Section 141 makes the company and every person in charge of and responsible to the company for the conduct of its business liable, subject to the defence of due diligence/lack of knowledge in the proviso.
Under Section 143A of the Negotiable Instruments Act, 1881, the maximum interim compensation that a court may direct the drawer to pay during the pendency of a Section 138 complaint is:
a25% of the amount of the cheque
b10% of the amount of the cheque
c20% of the amount of the cheque
d15% of the amount of the cheque
Answer: C
Section 143A(2) caps interim compensation at twenty per cent of the cheque amount, payable within sixty days (extendable by thirty days) of the order.
In an appeal against conviction under Section 138, Section 148 of the Negotiable Instruments Act, 1881 empowers the Appellate Court to order the appellant to deposit a minimum of:
a50% of the fine or compensation awarded by the trial court
b10% of the fine or compensation awarded by the trial court
c20% of the fine or compensation awarded by the trial court
dthe entire amount of the fine or compensation awarded by the trial court
Answer: C
Section 148 (inserted in 2018) allows the Appellate Court to direct deposit of a minimum of twenty per cent of the fine or compensation awarded by the trial court, over and above any amount paid under Section 143A.
Under Section 145(1) of the Negotiable Instruments Act, 1881, the evidence of the complainant in a Section 138 prosecution:
amay be given on affidavit only in summary trials and not summons cases
bmay be given on affidavit and read in evidence, notwithstanding anything in the Code of Criminal Procedure
cmay be given on affidavit only with the consent of the accused
dmust always be recorded in open court on oath and cannot be given on affidavit
Answer: B
Section 145(1) permits the complainant's evidence to be given on affidavit and read in evidence in any inquiry, trial or proceeding, notwithstanding the CrPC; the accused may apply to cross-examine under sub-section (2).
In which case did the Supreme Court hold that once the presumption of a legally enforceable debt under Section 139 of the Negotiable Instruments Act is drawn, factors such as the source of funds of the complainant are not relevant unless the accused rebuts the presumption?
aDashrath Rupsingh Rathod v. State of Maharashtra
bModi Cements Ltd. v. Kuchil Kumar Nandi
cRohitbhai Jivanlal Patel v. State of Gujarat
dK. Bhaskaran v. Sankaran Vaidhyan Balan
Answer: C
In Rohitbhai Jivanlal Patel v. State of Gujarat (2019), the Supreme Court held that once the Section 139 presumption is drawn, the source of funds is immaterial unless the accused discharges the burden of rebuttal.
The doctrine of election embodied in Section 35 of the Transfer of Property Act, 1882 is founded on the principle that:
aone who takes a benefit under an instrument must also bear the burden, and cannot approbate and reprobate
ba person may both accept and reject the same instrument as it suits him
can instrument once executed can never be elected against
delection can only be made by a registered deed
Answer: A
The doctrine of election under Section 35 rests on the maxim that one who takes the benefit of an instrument must also accept its burdens; a person cannot accept a benefit while rejecting an inconsistent obligation in the same transaction.
Under Section 41 of the Transfer of Property Act, 1882, where with the consent of the persons interested in immovable property a person is the ostensible owner and transfers it for consideration, the transfer shall not be voidable on the ground that the transferor was not authorised, provided the transferee:
ais a relative of the ostensible owner
bhas taken reasonable care to ascertain the transferor's power and acted in good faith
chas obtained the prior permission of the District Court
dregisters the document within four months
Answer: B
Section 41 protects a bona fide transferee for consideration from an ostensible owner only if the transferee took reasonable care to ascertain the transferor's power and acted in good faith.
A, fraudulently representing that he is authorised to transfer certain land, sells it to B for consideration. A subsequently acquires a good title to that very land. Under Section 43 of the Transfer of Property Act, 1882:
aB can compel A to convey the land at his option, so long as the contract of transfer subsists and B has not rescinded it
bthe after-acquired title automatically vests in B without any option
cthe transfer remains void notwithstanding the after-acquired title
dB has no remedy except damages for fraud
Answer: A
Section 43 (feeding the grant by estoppel) allows the transferee, at his option, to claim the property when the transferor afterwards acquires an interest in it, provided the contract of transfer still subsists and the transferee has not opted to rescind.
The doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882 provides that during the pendency of a suit in which any right to immovable property is directly and specifically in question, the property cannot be transferred by any party so as to:
acreate any interest in the property at all
baffect the rights of any other party to the suit under any decree that may be made therein, except under the authority of the court
cpass title even between the parties to the transfer
dbe subject to any further mortgage
Answer: B
Section 52 does not bar the transfer itself but renders it subject to the rights determined by the decree; a pendente lite transferee is bound by the outcome of the suit unless the court permits otherwise.
The power of the Supreme Court to review any judgment pronounced or order made by it, subject to any law made by Parliament or rules made under Article 145, is conferred by:
aArticle 137
bArticle 143
cArticle 141
dArticle 136
Answer: A
Article 137 expressly empowers the Supreme Court to review its own judgments and orders, subject to parliamentary law and rules under Article 145.
Under Article 226, the power of a High Court to issue writs is available:
aonly against the State Government and not private authorities
bonly for the enforcement of fundamental rights conferred by Part III
conly when the Supreme Court refers the matter to it
dfor the enforcement of fundamental rights and for any other purpose
Answer: D
Article 226 empowers a High Court to issue writs for the enforcement of Part III rights 'and for any other purpose', making its writ jurisdiction wider than that of the Supreme Court under Article 32.
Under Article 226(2), a High Court may exercise its writ jurisdiction notwithstanding that the seat of the authority is outside its territory, if:
athe petitioner is a permanent resident of that State
bthe cause of action, wholly or in part, arises within its territorial jurisdiction
cthe Advocate General consents to the exercise of jurisdiction
dthe matter involves a substantial question of constitutional law
Answer: B
Article 226(2) extends writ jurisdiction to cases where the cause of action wholly or in part arises within the High Court's territory, irrespective of where the authority's seat is located.
Article 21A of the Constitution of India provides for free and compulsory education to all children of the age of:
afive to sixteen years
bsix to sixteen years
cfive to fourteen years
dsix to fourteen years
Answer: D
Article 21A, inserted by the Eighty-sixth Amendment Act, 2002, guarantees free and compulsory education to children of the age of six to fourteen years.
Under Section 17 of the Protection of Women from Domestic Violence Act, 2005, the right of every woman in a domestic relationship to reside in the shared household exists:
aonly until a decree of judicial separation is passed against her
bwhether or not she has any right, title or beneficial interest in the shared household
conly where she has a legal or beneficial interest in the shared household
donly where the shared household is owned or tenanted by the respondent
Answer: B
Section 17(1) confers on every woman in a domestic relationship the right to reside in the shared household, whether or not she has any right, title or beneficial interest in it.
Under the proviso to Section 19(1) of the Protection of Women from Domestic Violence Act, 2005, an order directing the respondent to remove himself from the shared household (clause (b)) shall not be passed against:
aany person who is a senior citizen under the Maintenance and Welfare of Parents and Senior Citizens Act
bany person above sixty-five years of age
cany person who is the absolute owner of the household
dany person who is a woman
Answer: D
The proviso to Section 19(1) bars the passing of a residence order under clause (b)—directing removal from the shared household—against any person who is a woman.
Monetary relief under Section 20 of the Protection of Women from Domestic Violence Act, 2005 may include, among other things:
aonly maintenance assessed strictly under Section 125 of the Code of Criminal Procedure
bthe loss of earnings, medical expenses, loss caused by destruction of property and maintenance for the aggrieved person and her children
ccompensation payable only after conviction of the respondent under Section 31
dpunitive damages for the mental cruelty suffered by the aggrieved person
Answer: B
Section 20(1) empowers the Magistrate to direct monetary relief to meet expenses and losses, including loss of earnings, medical expenses, loss due to destruction or removal of property, and maintenance for the aggrieved person and her children.
Under Section 23 of the Protection of Women from Domestic Violence Act, 2005, an ex parte order may be passed by the Magistrate on the basis of:
aa report of a medical examination conducted under Section 18
ba domestic incident report forwarded by the police after investigation
cthe oral statement of the Protection Officer alone, without any affidavit
dan affidavit of the aggrieved person, in such form as may be prescribed, where it is shown that the respondent is committing or has committed or is likely to commit domestic violence
Answer: D
Section 23(2) permits the Magistrate to grant an ex parte order on the basis of an affidavit of the aggrieved person, in the prescribed form, disclosing that the respondent is committing, has committed, or is likely to commit domestic violence.
A person who is dispossessed of immovable property otherwise than in due course of law files a suit under Section 6 of the Specific Relief Act, 1963. Within what period from the date of dispossession must such suit be instituted?
aTwelve years
bOne year
cThree years
dSix months
Answer: D
Section 6(2)(a) bars a suit for recovery of possession on the basis of prior possession if brought after the expiry of six months from the date of dispossession.
Which of the following is correct regarding a suit instituted under Section 6 of the Specific Relief Act, 1963?
aNo appeal lies from, and no review is allowed of, any order or decree passed in such suit
bAn appeal lies from the decree, but no review is permitted
cBoth appeal and review are permitted as in an ordinary suit
dA review lies to the High Court but no appeal is permitted
Answer: A
Section 6(3) expressly provides that no appeal shall lie from any order or decree passed in a suit under Section 6, nor shall any review of such order or decree be allowed.
Under the Juvenile Justice (Care and Protection of Children) Act, 2015, a "child" is defined as a person who has not completed the age of:
atwenty-one years
bsixteen years
cfourteen years
deighteen years
Answer: D
Section 2(12) of the Act defines a "child" as a person who has not completed eighteen years of age; the Act further classifies a child as one in conflict with law or one in need of care and protection.
Under the JJ Act, 2015, a "heinous offence" means an offence for which the minimum punishment under the relevant law is imprisonment for:
aten years or more
bseven years or more
cfive years or more
dthree years or more
Answer: B
Section 2(33) defines a "heinous offence" as an offence for which the minimum punishment under the IPC or any other law is imprisonment for seven years or more.
Under the JJ Act, 2015, an offence punishable with imprisonment for a term of more than three years but not exceeding seven years is classified as a:
aserious offence
bpetty offence
ccognizable offence
dheinous offence
Answer: A
Section 2(54) defines a "serious offence" as one for which the punishment is imprisonment between three and seven years; petty offences carry up to three years (Section 2(45)) and heinous offences carry a minimum of seven years (Section 2(33)).
Under Section 5 of the Hindu Marriage Act, 1955, what is the minimum age prescribed for the bridegroom and the bride respectively at the time of marriage?
aBridegroom 18 years and bride 18 years
bBridegroom 21 years and bride 18 years
cBridegroom 18 years and bride 15 years
dBridegroom 21 years and bride 21 years
Answer: B
Section 5(iii) requires the bridegroom to have completed 21 years and the bride 18 years at the time of marriage.
A marriage solemnised after the commencement of the Hindu Marriage Act, 1955 is null and void if it contravenes any one of the conditions specified in which clauses of Section 5?
aClauses (iii), (iv) and (v)
bClauses (i), (ii) and (iii)
cClauses (i), (iv) and (v)
dClauses (ii), (iii) and (iv)
Answer: C
Section 11 declares a marriage void only if it contravenes clauses (i) (bigamy), (iv) (prohibited degrees) or (v) (sapinda) of Section 5.
Which of the following is NOT a ground for a voidable marriage under Section 12 of the Hindu Marriage Act, 1955?
aNon-consummation owing to the impotence of the respondent
bConsent obtained by force or fraud
cThe respondent was pregnant by some person other than the petitioner at the time of marriage
dEither party had a spouse living at the time of the marriage
Answer: D
A spouse living at the time of marriage (bigamy) falls under Section 5(i) and renders the marriage void under Section 11, not merely voidable; Section 12 grounds are impotence, contravention of Section 5(ii), force/fraud and pre-marriage pregnancy by another.
Under Section 26 of the Hindu Succession Act, 1956, where a Hindu has ceased to be a Hindu by conversion to another religion, children born to him after such conversion and their descendants are disqualified from inheriting the property of any of their Hindu relatives, unless:
athe converted parent had executed a will in their favour
bsuch children or descendants are Hindus at the time the succession opens
cthey reconvert to Hinduism within one year of the succession opening
dthe property is ancestral and not self-acquired
Answer: B
Section 26 disqualifies the post-conversion children of a convert and their descendants from inheriting from Hindu relatives, unless such children or descendants are Hindus when the succession opens. The convert himself is not disqualified by this section.
Section 27 of the Hindu Succession Act, 1956 provides that if any person is disqualified from inheriting any property under the Act, the property shall devolve:
aupon the disqualified person's own legal heirs
bin equal shares among the remaining heirs of all classes
cas if such disqualified person had died before the intestate
dupon the Government by way of escheat
Answer: C
Section 27 declares that a disqualified heir is treated as having died before the intestate, so the property devolves on the next eligible heir(s) accordingly.
Under Section 34 of the Registration Act, 1908, before registering a document the registering officer must enquire whether the document was executed and satisfy himself as to:
athe payment of income-tax by the executant
bthe marketability of the title conveyed
cthe adequacy of the consideration paid
dthe identity of the persons appearing before him and alleging that they have executed the document
Answer: D
Section 34 requires the registering officer to enquire whether the document was executed and to satisfy himself as to the identity of the persons appearing and admitting execution; it does not require him to examine title or consideration.
Under Section 47 of the Registration Act, 1908, a registered document operates from:
athe date on which it is copied into the relevant register book
bthe time from which it would have commenced to operate if no registration had been required or made
cthe date on which the registration certificate is issued
dthe date on which it is actually registered
Answer: B
Section 47 provides that a registered document operates from the time it would have commenced to operate had registration not been required, i.e. from the date of execution, not from the date of registration.
Section 7 of the Telangana Land Encroachment Act, 1905 deals with:
abar of jurisdiction of civil courts
brecovery of penalty as arrears of land revenue
cprior notice to the person in occupation before taking proceedings under Section 5 or Section 6
dthe rate of assessment leviable on unauthorized occupation
Answer: C
Section 7 requires that, before proceeding under Section 5 or Section 6, a show-cause notice specifying the land be served on the person reputed to be in unauthorized occupation.
Under Section 53 of the Telangana Excise Act, 1968, an officer of the Excise, Police or Revenue Department may, for an offence punishable under specified sections:
asearch premises only between sunrise and sunset
barrest without warrant, seize articles liable to confiscation and detain and search persons and conveyances
carrest the offender only after obtaining a warrant from a Magistrate
donly seize the intoxicant but not arrest the offender
Answer: B
Section 53 empowers Excise, Police or Revenue officers (and others duly empowered) to arrest without warrant for specified offences, seize articles liable to confiscation, and detain and search suspected persons and conveyances.
Following the amendment by Act No. 29 of 2017, how does the Telangana Gaming Act, 1974 treat a 'game of skill' in relation to wagering or betting?
aGames of skill are exempt only when played in a registered club
bGames of skill are punishable only with fine and never with imprisonment
cGames of skill are wholly saved and the Act has no application to them
dThe Explanation to Section 2(2) expressly brings the act of risking money on the unknown result of an event, including on a game of skill, within wagering or betting
Answer: D
The Explanation to Section 2(2), as substituted by Act No. 29 of 2017, defines wagering or betting to include 'any act of risking money, or otherwise on the unknown result of an event including on a game of skill', thereby removing the earlier blanket skill exemption.
Under the Criminal Rules of Practice, 1990, witnesses who are cited in the charge-sheet but are NOT examined at trial shall, in the judgment, be referred to:
aby their names and not by the numbers allotted to them in the charge-sheet
bby the numbers allotted to them in the charge-sheet
cas P.Ws. in serial order
dcollectively as 'cited witnesses' without naming them
Answer: A
Rule 66 of the Criminal Rules of Practice, 1990 provides that witnesses cited in the charge-sheet but not examined should be referred to in the judgment by their names and not by the numbers allotted to them in the charge-sheet.
Which section of the Indian Easements Act, 1882 defines a 'licence'?
aSection 56
bSection 60
cSection 52
dSection 4
Answer: C
Section 52 defines a licence as a right granted to do something upon the immovable property of the grantor which would otherwise be unlawful, and which does not amount to an easement or an interest in the property.
Under Section 19 of the Hindu Adoptions and Maintenance Act, 1956, the obligation of a father-in-law to maintain his widowed daughter-in-law ceases:
aOn the death of the father-in-law only
bOnly when she acquires any property of her own
cOn the re-marriage of the widowed daughter-in-law
dWhen she attains the age of sixty years
Answer: C
The proviso to Section 19 provides that the father-in-law's obligation is not enforceable if he has no coparcenary property out of which the daughter-in-law has not obtained any share, and in any case such obligation ceases on the re-marriage of the daughter-in-law.
Under Section 36 of the Indian Stamp Act, 1899, once an instrument has been admitted in evidence, such admission shall not (except as provided in Section 61):
aprevent the trial court from impounding the document later
bbe questioned only by the appellate court
cbar a separate suit for recovery of the deficient duty
dbe called in question at any stage of the same suit or proceeding on the ground that the instrument has not been duly stamped
Answer: D
Section 36 provides that where an instrument has been admitted in evidence, its admission cannot, except under Section 61, be called in question at any stage of the same suit or proceeding on the ground of insufficient stamping.
Q100Telangana Buildings (Lease, Rent & Eviction) Control Act 1960
Where a landlord obtains possession of a building for his own occupation under Section 10(3) of the Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960, but does not himself occupy it for the specified purpose, the evicted tenant may apply for restoration of possession if the landlord fails to occupy it within:
aone month of obtaining possession
bthree months of obtaining possession
ctwo months of obtaining possession
dsix months of obtaining possession
Answer: A
Under Section 10(3), if a landlord who has obtained possession for his own use does not occupy the building within one month, or having occupied vacates it without reasonable cause within six months, the evicted tenant may apply to the Controller for restoration of possession.
Law Mock is an independent preparation resource and is not affiliated with any High Court, Public Service Commission, or government body. All exam information is sourced from official notifications and is updated periodically.
