Telangana Judiciary Mock Test 7 — Questions & Solutions
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A suit for recovery of immovable property, or for the determination of any right to or interest in immovable property, is to be instituted in the Court within whose local limits the property is situated. This rule is contained in:
aSection 26 of the CPC
bSection 20 of the CPC
cSection 15 of the CPC
dSection 16 of the CPC
Answer: D
Section 16 CPC requires suits relating to immovable property (recovery, partition, foreclosure, sale, redemption, determination of right/interest, or compensation for wrong) to be instituted where the property is situated.
The power to transfer any suit, appeal or other proceeding from one High Court (or civil court in one State) to a High Court or civil court in another State, where expedient for the ends of justice, is vested by the Code of Civil Procedure, 1908 in:
athe State Government under Section 23
bthe District Court under Section 22
cthe Supreme Court under Section 25
dthe High Court under Section 24
Answer: C
Section 25 CPC empowers the Supreme Court, on a party's application and after notice, to transfer any suit, appeal or proceeding from a High Court or civil court in one State to a High Court or civil court in another State where expedient for the ends of justice.
Order XXIII Rule 1 of the Code of Civil Procedure, 1908 deals with:
awithdrawal of suit or abandonment of part of a claim by the plaintiff
bframing of issues
cdeath and substitution of parties
dappointment of a Commissioner
Answer: A
Order XXIII Rule 1 CPC permits a plaintiff to withdraw a suit or abandon part of a claim; only where the Court grants permission on the grounds in Rule 1(3) may a fresh suit be filed on the same subject matter.
Where one of several defendants dies and no application to bring the legal representatives of the deceased on record is made within the time limited by law, the consequence under Order XXII Rule 4 of the Code of Civil Procedure, 1908 is that:
athe suit abates against all the defendants
bthe suit abates as against the deceased defendant
cthe suit continues unaffected against the deceased's estate
dthe suit is dismissed for default
Answer: B
Under Order XXII Rule 4 CPC, where the right to sue survives, legal representatives of a deceased defendant must be brought on record within the prescribed time, failing which the suit abates only as against that deceased defendant.
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, are to be determined by the executing Court and not by a separate suit. This is provided in:
aSection 51 of the CPC
bSection 38 of the CPC
cOrder XXI Rule 90 of the CPC
dSection 47 of the CPC
Answer: D
Section 47 CPC requires all questions relating to the execution, discharge or satisfaction of the decree between the parties (or their representatives) to be decided by the executing Court itself, barring a separate suit.
In execution of a decree other than a decree for maintenance, the salary of a judgment-debtor is, under the proviso to Section 60 of the Code of Civil Procedure, 1908, exempt from attachment to the extent of:
athe first five hundred rupees only, with no further exemption
bthe first one hundred rupees and the whole of the remainder
cone-third of the entire salary only
dthe first one thousand rupees and two-thirds of the remainder
Answer: D
Under the proviso to Section 60(1) CPC (as amended), in execution of a decree other than for maintenance, salary is exempt to the extent of the first one thousand rupees and two-thirds of the remainder.
Order XXXIX Rule 1 of the Code of Civil Procedure, 1908 empowers a Court to grant a temporary injunction where, among other things:
aproperty in dispute in the suit is in danger of being wasted, damaged or alienated by a party, or wrongfully sold in execution of a decree
bthe defendant has filed a written statement beyond ninety days
cthe suit has been decreed ex parte and an appeal is pending
dthe plaintiff has failed to pay court fees
Answer: A
Order XXXIX Rule 1 CPC allows a temporary injunction where the suit property is in danger of being wasted, damaged or alienated, or wrongfully sold in execution, or where the defendant threatens to dispossess the plaintiff or otherwise injure the plaintiff in relation to the disputed property.
Under the Code of Civil Procedure, 1908, the power of revision exercised by the High Court over a subordinate court that has decided a case in which no appeal lies is contained in:
aSection 100
bSection 115
cSection 113
dSection 114
Answer: B
Section 115 CPC confers revisional jurisdiction on the High Court to correct a subordinate court that has exercised jurisdiction not vested in it, failed to exercise jurisdiction so vested, or acted with material irregularity, in a case where no appeal lies.
Under Order VII Rule 11 of the Code of Civil Procedure, 1908, a plaint shall be rejected in which one of the following situations?
aWhere the suit appears from the statements in the plaint to be barred by any law
bWhere the plaintiff has not filed a list of witnesses
cWhere the written statement discloses a strong defence on merits
dWhere the defendant has failed to appear on the first hearing
Answer: A
Order VII Rule 11 CPC mandates rejection of a plaint where it discloses no cause of action, the relief is undervalued or insufficiently stamped and not corrected within time, or where the suit appears from the plaint statements to be barred by any law.
Under Section 9 of the Code of Civil Procedure, 1908, the Civil Court has jurisdiction to try all suits of a civil nature:
aexcepting suits involving rights to property
bonly with the prior sanction of the State Government
cexcepting suits of which their cognizance is either expressly or impliedly barred
donly those expressly conferred upon it by statute
Answer: C
Section 9 CPC vests the Civil Court with jurisdiction to try all suits of a civil nature except those of which cognizance is expressly or impliedly barred.
Section 89 of the Code of Civil Procedure, 1908, read with Rule 1A of Order X, deals with:
aappointment of a court commissioner
btransfer of suits to the High Court
csummary procedure for recovery suits
dsettlement of disputes outside the court through arbitration, conciliation, judicial settlement or mediation
Answer: D
Section 89 CPC, inserted by the 1999 Amendment, empowers the court to refer a dispute for settlement through arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation.
Under Section 35A of the Code of Civil Procedure, 1908, the maximum amount of compensatory costs that may be awarded for a false or vexatious claim or defence is:
a₹3,000 or the limits of the court's pecuniary jurisdiction, whichever is less
b₹1,000 or the pecuniary jurisdiction of the court, whichever is less
can unlimited amount in the discretion of the court
d₹5,000 in all cases
Answer: A
Section 35A CPC caps compensatory costs for false or vexatious claims/defences at ₹3,000 or the limits of the court's pecuniary jurisdiction, whichever amount is less.
Section 144 of the Code of Civil Procedure, 1908, dealing with restitution, can be invoked only when:
aa fresh suit is filed on the same cause of action
ba decree or order is varied or reversed in appeal, revision or other proceeding, or set aside or modified
cthe decree-holder fails to execute the decree within the limitation period
dthe judgment-debtor offers to satisfy the decree
Answer: B
Section 144 CPC is attracted only when a decree or order is varied, reversed, set aside or modified; the court that passed it then restores the parties to their original position.
A second appeal under Section 100 of the Code of Civil Procedure, 1908, lies to the High Court only:
awhere the decree exceeds a prescribed valuation
bwith the leave of the trial court
cif the case involves a substantial question of law
don a question of fact that the lower appellate court decided wrongly
Answer: C
Section 100 CPC permits a second appeal to the High Court only where the case involves a substantial question of law, which must be framed by the High Court.
Where, on the death of a sole defendant, no application for substitution of the legal representative is made within the time limited by law, the suit, under Order XXII of the Code of Civil Procedure, 1908:
acontinues against the surviving plaintiff alone
bis dismissed for default in all circumstances
cis automatically transferred to the appellate court
dabates as against the deceased defendant
Answer: D
Under Order XXII Rule 4 CPC, if no application to bring the legal representative on record is made within the prescribed time, the suit abates as against the deceased defendant.
The limitation period for an application to bring on record the legal representatives of a deceased party (substitution) under Order XXII of the Code of Civil Procedure, 1908, is:
a30 days from the date of death
b120 days from the date of death
c60 days from the date of death
d90 days from the date of death
Answer: D
Article 120 of the Schedule to the Limitation Act, 1963 prescribes 90 days from the date of death for substitution of legal representatives under Order XXII CPC.
The power of a court to add, strike out or substitute parties so as to settle all questions involved in the suit is contained in:
aOrder VIII, Rule 1
bOrder VI, Rule 17
cOrder I, Rule 10
dOrder II, Rule 2
Answer: C
Order I Rule 10 CPC empowers the court to strike out or add parties at any stage so that all questions in the suit may be effectually and completely adjudicated.
Which of the following is a ground for rejection of a plaint under Order VII, Rule 11 of the Code of Civil Procedure, 1908?
aThe suit property is situated outside the State
bThe plaintiff has engaged a junior advocate
cThe defendant has filed a strong written statement
dThe plaint does not disclose a cause of action
Answer: D
Order VII Rule 11 CPC lists grounds for rejection of a plaint, including where the plaint does not disclose a cause of action, is undervalued, is insufficiently stamped, or is barred by law.
The illustration that 'an accomplice is unworthy of credit, unless he is corroborated in material particulars' appears under which provision of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 119 (Court may presume existence of certain facts)
bSection 118 (presumption as to dowry death)
cSection 138 (accomplice)
dSection 116 (legitimacy)
Answer: A
Illustration (b) to Section 119 of the BSA, 2023 (Court may presume the existence of certain facts) states that an accomplice is unworthy of credit unless he is corroborated in material particulars. Section 138 separately declares an accomplice to be a competent witness.
Under Section 138 of the Bharatiya Sakshya Adhiniyam, 2023, an accomplice:
ais competent only if granted pardon by the Court
bcan testify only after the trial of the accused is concluded
cis an incompetent witness against an accused person
dshall be a competent witness against an accused person, and a conviction on his corroborated testimony is not illegal
Answer: D
Section 138 of the BSA, 2023 declares that an accomplice shall be a competent witness against an accused person, and that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. (The BSA deliberately uses 'corroborated', departing from the 'uncorroborated' wording of repealed Section 133 of the Indian Evidence Act, 1872.)
Which section of the Bharatiya Sakshya Adhiniyam, 2023 provides that no particular number of witnesses shall in any case be required for the proof of any fact?
aSection 138
bSection 139
cSection 142
dSection 140
Answer: B
Section 139 of the BSA, 2023 retains the rule that no particular number of witnesses is required to prove any fact (evidence is weighed, not counted). It corresponds to Section 134 of the old Indian Evidence Act.
Under Section 146 of the Bharatiya Sakshya Adhiniyam, 2023, leading questions:
amay always be asked in examination-in-chief without leave
bmay be asked in re-examination as of right
cmay be asked in cross-examination
dcan never be asked even in cross-examination
Answer: C
Section 146(4) of the BSA, 2023 permits leading questions in cross-examination, whereas Section 146(2) bars them in examination-in-chief or re-examination if objected to, except with the Court's permission.
Under Section 144 of the Bharatiya Sakshya Adhiniyam, 2023, a person summoned merely to produce a document:
adoes not become a witness merely by producing it and cannot be cross-examined unless called as a witness
bmay be cross-examined immediately on production
cmust be examined-in-chief before production
dbecomes a witness by the mere fact that he produces it
Answer: A
Section 144 of the BSA, 2023 provides that a person summoned only to produce a document does not thereby become a witness and cannot be cross-examined unless and until he is called as a witness.
Under the Bharatiya Sakshya Adhiniyam, 2023, the burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were given on either side. This is stated in:
aSection 105
bSection 108
cSection 106
dSection 104
Answer: A
Section 105 of the BSA, 2023 (corresponding to Section 101 IEA) fixes the burden of proof on the party who would fail if no evidence were led on either side. Section 106 deals with the burden as to a particular fact.
Under the Bharatiya Sakshya Adhiniyam, 2023, when an accused claims the benefit of a General Exception under the Bharatiya Nyaya Sanhita, 2023, the burden of proving the existence of circumstances bringing the case within that exception:
aremains on the prosecution throughout
bis upon the prosecution, but the Court may presume the circumstances exist
cdoes not arise unless the prosecution leads evidence on it
dis upon the accused, and the Court shall presume the absence of such circumstances
Answer: D
Section 108 of the BSA, 2023 (corresponding to Section 105 IEA) casts on the accused the burden of proving circumstances bringing the case within a General Exception of the BNS, 2023, and directs the Court to presume their absence.
Under the Bharatiya Sakshya Adhiniyam, 2023, the admissibility of an electronic record as a 'computer output', subject to the prescribed conditions and certificate, is governed by:
aSection 63
bSection 62
cSection 61
dSection 65B
Answer: A
Section 63 of the BSA, 2023 governs admissibility of electronic records (computer output), requiring the conditions in sub-section (2) and the certificate in sub-section (4). It replaces Section 65B of the old Indian Evidence Act.
Under the Bharatiya Sakshya Adhiniyam, 2023, the bar that no confession made to a police officer shall be proved as against a person accused of any offence is contained in:
aSection 27(1)
bSection 23(1)
cSection 25(1)
dSection 22(1)
Answer: B
Section 23(1) of the BSA, 2023 (replacing old Section 25 of the Indian Evidence Act, 1872) provides that no confession made to a police officer shall be proved as against a person accused of any offence.
Under Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023, a confession made by a person while in the custody of a police officer is provable against him only if it is made:
avoluntarily in the presence of the investigating officer
bin the immediate presence of a Magistrate
cin writing and signed by two witnesses
dafter the lapse of twenty-four hours from arrest
Answer: B
Section 23(2) of the BSA, 2023 (replacing old Section 26 of the Indian Evidence Act, 1872) allows a confession made while in police custody to be proved only if it is made in the immediate presence of a Magistrate.
Under the Bharatiya Sakshya Adhiniyam, 2023, a statement by a person who is dead as to the cause of his death (dying declaration) is dealt with under Section 26, and such statement is relevant:
aonly in criminal proceedings
bwhether the proceeding is civil or criminal, where the cause of death comes into question
conly where the death is homicidal
donly if reduced to writing before a Magistrate
Answer: B
Section 26 of the BSA, 2023 (corresponding to Section 32 of the old Act) makes such a statement relevant in any proceeding, civil or criminal, in which the cause of the person's death comes into question.
Five or more persons acting in concert lynch a man on the ground of his caste and cause his death. Under the Bharatiya Nyaya Sanhita, 2023, mob lynching of this nature is specifically punishable under:
aSection 111
bSection 103(2)
cSection 117
dSection 101
Answer: B
Section 103(2) BNS is the new provision punishing murder committed by a group of five or more persons on grounds such as race, caste, community, sex, place of birth, language or personal belief, with death or life imprisonment and not less than seven years.
"A", to commit theft, suddenly grabs a gold chain from the neck of "Z" while she is walking and runs away with it. Under the Bharatiya Nyaya Sanhita, 2023, the specific offence committed by A is:
aExtortion under Section 308
bTheft under Section 303
cRobbery under Section 309
dSnatching under Section 304
Answer: D
Section 304 BNS introduces the new offence of "snatching" — theft where the offender suddenly, quickly or forcibly seizes or grabs movable property from a person or his possession — punishable with imprisonment up to three years and fine.
A bank cashier entrusted with the custody of currency dishonestly converts a sum of money to his own use. Under the Bharatiya Nyaya Sanhita, 2023, the offence of criminal breach of trust is dealt with under:
aSection 318
bSection 314
cSection 316
dSection 303
Answer: C
Section 316 BNS deals with criminal breach of trust (old Section 405/409 IPC); Section 314 covers dishonest misappropriation of property, while Section 318 covers cheating.
"A" finds a wrist-watch lying on the road and, knowing it belongs to someone else, takes it and sells it instead of trying to restore it to the owner. Under the Bharatiya Nyaya Sanhita, 2023, A is liable for:
aCriminal breach of trust under Section 316
bTheft under Section 303
cCheating under Section 318
dDishonest misappropriation of property under Section 314
Answer: D
Where property comes into a person's possession innocently (e.g., a found article) but is later dishonestly converted to his own use, the offence is dishonest misappropriation under Section 314 BNS, not theft, which requires dishonest taking out of possession.
"A" threatens to publish a defamatory statement about "Z" unless Z pays him money, and Z, in fear, hands over the money. Under the Bharatiya Nyaya Sanhita, 2023, the offence of extortion is contained in:
aSection 304
bSection 310
cSection 308
dSection 309
Answer: C
Section 308 BNS defines extortion — intentionally putting a person in fear of injury and thereby dishonestly inducing him to deliver property (old Section 383 IPC). Section 309 is robbery and Section 310 is dacoity.
When two or more persons agree to do, or cause to be done, an illegal act, or a legal act by illegal means, such agreement is designated a criminal conspiracy. Under the Bharatiya Nyaya Sanhita, 2023, criminal conspiracy is defined in:
aSection 3(5)
bSection 189
cSection 61
dSection 45
Answer: C
Section 61 BNS defines and punishes criminal conspiracy (old Section 120A/120B IPC). Section 45 deals with abetment and Section 3(5) with common intention.
"A" and "B", sharing a prior common intention to kill "Z", attack him together and one of them inflicts the fatal blow. Both are held equally liable. The principle of joint liability for acts done by several persons in furtherance of common intention is found in the Bharatiya Nyaya Sanhita, 2023 in:
aSection 3(5)
bSection 61
cSection 190
dSection 189
Answer: A
Section 3(5) BNS reproduces the old Section 34 IPC rule of common intention — where a criminal act is done by several persons in furtherance of the common intention of all, each is liable as if he did it alone.
Under the Bharatiya Nyaya Sanhita, 2023, an assembly of five or more persons is designated an "unlawful assembly" if the common object falls within the categories specified in:
aSection 187
bSection 189
cSection 191
dSection 193
Answer: B
Section 189 BNS defines unlawful assembly as an assembly of five or more persons having a common object of the kind enumerated therein (old Section 141 IPC).
A person suffers a permanent loss of sight in one eye and a fracture of a bone as a result of an assault. Under the Bharatiya Nyaya Sanhita, 2023, the kinds of hurt designated as "grievous hurt" are enumerated in:
aSection 116
bSection 115
cSection 117
dSection 114
Answer: A
Section 116 BNS enumerates the kinds of hurt designated as grievous (old Section 320 IPC), including permanent loss of sight in either eye and fracture or dislocation of a bone or tooth. Section 115 deals with voluntarily causing hurt.
"A" takes an unmarried girl aged 16 years out of the keeping of her lawful guardian without the guardian's consent. Under the Bharatiya Nyaya Sanhita, 2023, kidnapping (including kidnapping from lawful guardianship) is defined in:
aSection 137
bSection 140
cSection 139
dSection 135
Answer: A
Section 137 BNS defines kidnapping, covering both kidnapping from India and kidnapping from lawful guardianship of a child under eighteen years (old Sections 359-361 IPC).
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, every information relating to the commission of a cognizable offence, given orally to an officer in charge of a police station, must be recorded as a First Information Report under which section?
aSection 175
bSection 190
cSection 154
dSection 173
Answer: D
Section 173 of the BNSS, 2023 governs registration of information in cognizable cases (FIR), corresponding to the old Section 154 CrPC, and also expressly permits information through electronic means and the 'Zero FIR' mechanism.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an order for maintenance of wives, children and parents who are unable to maintain themselves may be passed by a Magistrate of the first class under:
aSection 144
bSection 152
cSection 146
dSection 125
Answer: A
Section 144 BNSS empowers a Magistrate of the first class to order monthly maintenance for a neglected wife, child or parent unable to maintain themselves; it corresponds to the old Section 125 CrPC.
A Judicial Magistrate records a confession of an accused during investigation under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Which of the following is a mandatory requirement introduced by the BNSS for such recording?
aIt must be recorded only between sunrise and sunset
bIt must be recorded by audio-video electronic means
cIt must be recorded in the presence of the investigating officer
dIt must be countersigned by the Public Prosecutor
Answer: B
Section 183 BNSS (corresponding to Section 164 CrPC) now mandates that the confession be recorded by audio-video electronic means, in addition to the existing voluntariness safeguards.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an application for plea bargaining must be filed by the accused within which period?
aWithin 60 days from the date of the police report
bAt any time before the judgment is pronounced
cWithin 15 days from the date of first appearance
dWithin 30 days from the date of framing of the charge
Answer: D
Section 290 BNSS makes plea bargaining time-bound: the accused must apply within 30 days from the date of framing of charge. This is a change from the open-ended position under the old CrPC.
Section 351 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 313 CrPC) deals with the power to examine the accused. Which statement is correct?
aThe examination can only be done after the defence evidence is closed
bNo oath shall be administered to the accused when so examined
cThe accused shall be examined on oath
dThe accused renders himself liable to punishment by refusing to answer
Answer: B
Under Section 351 BNSS, no oath is administered to the accused, and the accused does not render himself liable to punishment by refusing to answer or by giving false answers, mirroring the protection under Section 313 CrPC.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, where an offence is punishable with imprisonment for seven years or more, a forensic expert is mandatorily required to visit the crime scene to collect forensic evidence under:
aSection 175
bSection 180
cSection 176
dSection 184
Answer: C
Section 176(3) BNSS introduces the mandatory visit of a forensic expert to the scene of crime for offences punishable with seven years' imprisonment or more, with video-recording of the process.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a convict under sentence of death (or his legal heir/relative) may file a mercy petition before the President or Governor within:
a30 days from intimation by the jail Superintendent
b60 days from intimation by the jail Superintendent
c7 days from intimation by the jail Superintendent
d15 days from intimation by the jail Superintendent
Answer: A
Section 472 BNSS is a new provision codifying mercy petitions; it fixes a 30-day limit from the date the jail Superintendent intimates dismissal of the appeal/SLP or confirmation of the death sentence.
In a Sessions trial under the Bharatiya Nagarik Suraksha Sanhita, 2023, after hearing arguments, the Judge must deliver judgment within how many days from the completion of arguments?
aWithin 60 days, with no extension
bWithin 90 days, extendable to 120 days
cWithin 30 days, extendable to 45 days for reasons recorded in writing
dWithin 15 days, extendable to 30 days
Answer: C
Section 258 BNSS now requires the judgment of acquittal or conviction to be given within 30 days of completion of arguments, extendable up to 45 days for reasons recorded in writing.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum period for which a person arrested without warrant may be detained before being produced before a Magistrate (exclusive of journey time) is:
a48 hours
b24 hours
c36 hours
d12 hours
Answer: B
Section 58 BNSS (corresponding to Section 57 CrPC) caps police detention without a Magistrate's order at 24 hours, exclusive of the time for the journey to the Magistrate.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the maximum period of detention pending investigation for an offence punishable with death, imprisonment for life, or imprisonment of not less than ten years, after which the accused becomes entitled to default bail, is:
a90 days
b75 days
c60 days
d180 days
Answer: A
Section 187 BNSS retains the default-bail scheme: 90 days for offences punishable with death, life or imprisonment of not less than ten years, and 60 days for other offences.
A agrees to sell to B a particular cargo supposed to be on its way from England to Mumbai. Unknown to both, the ship carrying the cargo had already been cast away and the goods lost before the day of the agreement. The agreement is:
avoid, being an agreement to do an act impossible in itself
bvalid, and A must compensate B
cvoidable at the option of B
da contingent contract
Answer: A
Under Section 56, first paragraph, an agreement to do an act impossible in itself is void; where, unknown to the parties, the subject-matter has perished, the agreement is void.
Under Section 56 of the Indian Contract Act, 1872, a contract to do an act which, after the contract is made, becomes impossible or unlawful by reason of an event which the promisor could not prevent:
aremains binding and the promisor must pay damages
bis merely voidable at the option of the promisee
cbecomes void when the act becomes impossible or unlawful
dis suspended until the impossibility ceases
Answer: C
The second paragraph of Section 56 (supervening impossibility/doctrine of frustration) provides that the contract becomes void when the act becomes impossible or unlawful.
A supplies B, a lunatic, with necessaries suited to his condition in life. Under the Indian Contract Act, 1872, A is entitled to be reimbursed:
apersonally from B
bfrom the property of B
conly from B's legal guardian
dnothing, as a contract with a lunatic is void
Answer: B
Section 68 provides that one who supplies necessaries to a person incapable of contracting, or to those he is bound to support, is entitled to reimbursement from the property of such incapable person, not personally.
The rule in Hadley v. Baxendale, that damages recoverable for breach are those arising naturally in the usual course of things or such as were in the contemplation of the parties, is reflected in which provision of the Indian Contract Act, 1872?
aSection 75
bSection 74
cSection 73
dSection 65
Answer: C
Section 73 codifies the rule in Hadley v. Baxendale and excludes compensation for any remote and indirect loss sustained by reason of the breach.
Where a contract stipulates a sum to be paid on breach and that sum is found to be in the nature of a penalty, under Section 74 of the Indian Contract Act, 1872 the aggrieved party is entitled to:
adouble the actual loss proved
breasonable compensation not exceeding the amount so named
cthe entire stipulated sum, irrespective of actual loss
dnothing, as a penalty clause is void
Answer: B
Section 74, as explained in Fateh Chand v. Balkishan Dass and Maula Bux v. Union of India, allows only reasonable compensation not exceeding the sum named, whether or not actual loss is proved.
A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is defined in the Indian Contract Act, 1872 as a contract of:
abailment
bagency
cindemnity
dguarantee
Answer: C
Section 124 defines a contract of indemnity as one where a party promises to save the other from loss caused by the conduct of the promisor himself or of any other person.
Under Section 3 of the Limitation Act, 1963, where a suit is instituted after the prescribed period, the court shall:
adismiss the suit, but only if the defendant pleads limitation as a defence
bdismiss the suit even though limitation has not been set up as a defence
cproceed with the suit and decide the question of limitation at the stage of final arguments
dreturn the plaint for presentation before the appropriate court
Answer: B
Section 3(1) bars a suit, appeal or application instituted after the prescribed period and obliges the court to dismiss it even where limitation has not been pleaded as a defence.
The benefit of Section 5 of the Limitation Act, 1963 (condonation of delay on showing sufficient cause) is available to:
aany suit, appeal or application
bsuits and appeals only
cany appeal or application other than an application under any provision of Order XXI CPC
dall applications including those under Order XXI CPC
Answer: C
Section 5 permits admission of any appeal or application (except applications under Order XXI CPC) after the prescribed period on sufficient cause; it does not apply to suits.
Where the prescribed period of limitation for instituting a suit expires on a day when the court is closed, under Section 4 of the Limitation Act, 1963 the suit:
amust be instituted by sending it through registered post on the closed day
bbecomes barred by limitation and cannot be instituted
cmay be instituted on the day the court reopens
dmay be instituted only with the prior leave of the court
Answer: C
Section 4 provides that when the prescribed period expires on a day the court is closed, the suit, appeal or application may be instituted on the day the court reopens.
A acknowledges in writing, signed by him, his liability under a debt three months before the prescribed period of limitation expires. Under Section 18 of the Limitation Act, 1963, the fresh period of limitation is computed from:
athe date on which the debt was first incurred
bthe date on which the original cause of action arose
cthe time when the acknowledgment was so signed
dthe date of expiry of the original prescribed period
Answer: C
Under Section 18, a valid acknowledgment in writing, signed before the expiry of the prescribed period, restarts limitation, computed from the time the acknowledgment was signed.
Which condition is essential for a part-payment of a debt to extend limitation under Section 19 of the Limitation Act, 1963?
aThe payment must be made after the prescribed period has expired
bThe payment may be oral and need not be evidenced in writing
cThe payment must be of the entire principal amount of the debt
dThe payment must be made before the expiry of the prescribed period and an acknowledgment of it must appear in the handwriting of, or in a writing signed by, the person making it
Answer: D
Section 19 starts a fresh period only where the payment is made before the prescribed period expires and the fact of payment appears in the handwriting of, or a writing signed by, the payer.
Under the proviso to Section 138 of the Negotiable Instruments Act, 1881, within what time must the payee make a written demand on the drawer after receiving information from the bank about the dishonour of the cheque?
aWithin fifteen days of the receipt of information regarding return of the cheque
bWithin thirty days of the receipt of information regarding return of the cheque
cWithin one month from the date the cheque was drawn
dWithin forty-five days of the dishonour of the cheque
Answer: B
Clause (b) of the proviso to Section 138 requires the payee/holder in due course to make a written demand within thirty days of receiving information from the bank about the cheque being returned unpaid.
After service of the statutory demand notice under Section 138 of the Negotiable Instruments Act, 1881, within what period must the drawer make payment to escape prosecution?
aWithin seven days of receipt of the notice
bWithin one month of receipt of the notice
cWithin thirty days of receipt of the notice
dWithin fifteen days of receipt of the notice
Answer: D
Clause (c) of the proviso to Section 138 gives the drawer fifteen days from receipt of the notice to make payment; the cause of action and offence arise only on failure to pay within that period.
Under Section 142(1)(b) of the Negotiable Instruments Act, 1881, a complaint for an offence under Section 138 must be made within what period from the date on which the cause of action arises?
aWithin fifteen days
bWithin thirty days
cWithin sixty days
dWithin one month
Answer: D
Section 142(1)(b) requires the complaint to be filed in writing within one month of the date on which the cause of action arises under clause (c) of the proviso to Section 138 (the court may condone delay on sufficient cause).
Under Section 142(2) of the Negotiable Instruments Act, 1881, where the cheque is delivered for collection through an account, an offence under Section 138 shall be tried only by the court within whose local jurisdiction:
athe branch of the bank where the payee or holder in due course maintains the account is situated
bthe drawer maintains his bank account
cthe drawer ordinarily resides or carries on business
dthe cheque was physically presented at the drawee bank
Answer: A
Section 142(2)(a), inserted by the 2015 Amendment, fixes jurisdiction at the place where the payee/holder maintains the account through which the cheque is delivered for collection.
The doctrine of part performance under Section 53A of the Transfer of Property Act, 1882 operates as:
aa shield enabling a transferee in possession under a written contract to defend his possession against the transferor
ba ground for compulsory registration of the contract
ca bar to all suits relating to the property
da sword conferring a positive title on the transferee to sue for possession
Answer: A
Section 53A is a defensive equity (a shield, not a sword): a transferee who has taken possession under a written contract of transfer and performed or is willing to perform his part may resist the transferor's attempt to recover possession, but it confers no title to sue.
Under Section 54 of the Transfer of Property Act, 1882, a contract for the sale of immovable property:
aby itself creates an interest in or charge on such property
bis invalid unless registered in every case
ctransfers ownership immediately on payment of earnest money
ddoes not, of itself, create any interest in or charge on such property
Answer: D
Section 54 expressly states that a contract for sale does not, of itself, create any interest in or charge on the property; it merely creates a right enforceable by way of specific performance.
Which of the following kinds of mortgage defined in Section 58 of the Transfer of Property Act, 1882 requires the mortgagee to be delivered possession of the mortgaged property and to retain it until the debt is repaid, the rents and profits being appropriated towards the loan?
aEnglish mortgage
bSimple mortgage
cMortgage by conditional sale
dUsufructuary mortgage
Answer: D
In a usufructuary mortgage under Section 58(d), the mortgagor delivers possession to the mortgagee, who retains it and appropriates the rents and profits in lieu of interest or principal; there is no personal covenant to pay.
In the absence of a contract, local law or usage to the contrary, Section 106 of the Transfer of Property Act, 1882 deems a lease of immovable property for agricultural or manufacturing purposes to be:
aa lease from year to year, terminable by six months' notice
ba lease from month to month, terminable by fifteen days' notice
ca lease for a fixed term of one year, not terminable by notice
da tenancy at will, terminable at any time without notice
Answer: A
Section 106 deems a lease for agricultural or manufacturing purposes to be from year to year, terminable by six months' notice, whereas a lease for any other purpose is deemed month to month, terminable by fifteen days' notice.
Appointment of a person to be a district judge in a State is made by the Governor of the State:
aon the recommendation of the State Public Service Commission only
bin consultation with the High Court exercising jurisdiction in relation to such State
cin his own absolute discretion
dwith the prior approval of the President of India
Answer: B
Article 233(1) provides that appointment, posting and promotion of district judges shall be made by the Governor in consultation with the High Court exercising jurisdiction in relation to that State.
Dr. B.R. Ambedkar described which Article as the 'heart and soul' of the Constitution?
aArticle 32
bArticle 19
cArticle 14
dArticle 21
Answer: A
Article 32, guaranteeing the right to constitutional remedies by moving the Supreme Court for enforcement of fundamental rights, was described by Dr. Ambedkar as the heart and soul of the Constitution.
Which writ is issued by a court to a person holding a public office to inquire by what authority he holds that office?
aMandamus
bQuo warranto
cHabeas corpus
dCertiorari
Answer: B
Quo warranto questions the legal authority by which a person holds a public office and can result in ouster if the holding is unlawful; it is one of the writs available under Articles 32 and 226.
The procedure for amendment of the Constitution of India is contained in:
aArticle 370
bArticle 368
cArticle 356
dArticle 360
Answer: B
Article 368 lays down the power of Parliament to amend the Constitution and the procedure therefor, including provisions requiring ratification by State Legislatures for certain entrenched provisions.
Under Section 29 of the Protection of Women from Domestic Violence Act, 2005, an appeal against an order made by the Magistrate lies to the Court of Session within:
athirty days from the date the order is pronounced, irrespective of service
bthirty days from the date the order is served on the aggrieved person or the respondent, whichever is later
csixty days from the date the order is pronounced by the Magistrate
dninety days from the date the order is served on the respondent
Answer: B
Section 29 provides that an appeal shall lie to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, whichever is later.
Under Section 31(1) of the Protection of Women from Domestic Violence Act, 2005, breach of a protection order, or of an interim protection order, by the respondent is punishable with imprisonment which may extend to one year, or with fine which may extend to:
aone lakh rupees
bten thousand rupees
cfifty thousand rupees
dtwenty thousand rupees
Answer: D
Section 31(1) makes breach of a protection order an offence punishable with imprisonment of either description up to one year, or fine up to twenty thousand rupees, or both.
After the Specific Relief (Amendment) Act, 2018, the specific performance of a contract under Section 10 of the Specific Relief Act, 1963 is:
aBarred unless the plaintiff proves irreparable injury
bGranted only where compensation in money is inadequate, at the discretion of the court
cAvailable only for contracts relating to immovable property
dTo be enforced by the court subject to the provisions of Sections 11(2), 14 and 16
Answer: D
The 2018 amendment substituted Section 10 to make specific performance the rule; the court shall enforce specific performance subject to the provisions of Sections 11(2), 14 and 16, removing the earlier discretionary 'adequacy of compensation' test.
Which of the following is NOT one of the categories of contracts that cannot be specifically enforced under Section 14 of the Specific Relief Act, 1963 (as amended in 2018)?
aA contract for which monetary compensation would be an adequate relief
bA contract which is in its nature determinable
cA contract where a party has obtained substituted performance under Section 20
dA contract the performance of which involves a continuous duty which the court cannot supervise
Answer: A
The amended Section 14 lists only four bars to specific performance: substituted performance obtained under Section 20, continuous duty the court cannot supervise, dependence on personal qualifications, and contracts determinable in nature. Mere adequacy of money compensation is no longer a bar.
Section 14A, inserted into the Specific Relief Act, 1963 by the 2018 amendment, empowers the court to:
aGrant interim injunctions in money suits
bEngage one or more experts to assist it on any specific issue involved in the suit
cAward punitive damages for breach of contract
dTransfer infrastructure suits to a special court
Answer: B
Section 14A, newly inserted in 2018, allows the court, where expert opinion is required to assist it on a specific issue, to engage one or more experts and direct their report to be made part of the record.
A preliminary assessment of the mental and physical capacity of a child to commit an offence under Section 15 of the JJ Act, 2015 is required only where the child has completed the age of sixteen years and the alleged offence is:
aany cognizable offence
ba petty offence
ca heinous offence
da serious offence
Answer: C
Under Section 15, the Board conducts a preliminary assessment only where a child above sixteen years is alleged to have committed a heinous offence, to assess capacity to commit and understand the consequences of the offence.
Which provision of the JJ Act, 2015 expressly bars the joint trial of a child in conflict with law together with a person who is not a child?
aSection 19
bSection 23
cSection 25
dSection 21
Answer: B
Section 23 provides that there shall be no joint proceedings of a child in conflict with law with a person who is not a child; the case of the adult co-accused is tried separately by the ordinary court.
Under Section 21 of the JJ Act, 2015, a child in conflict with law who is found to have committed an offence:
amay be sentenced to life imprisonment if above sixteen years
bmay be sentenced to death in the rarest of rare cases
cmay be sentenced to imprisonment for life with remission
dshall not be sentenced to death or to life imprisonment without the possibility of release
Answer: D
Section 21 prohibits a child in conflict with law from being sentenced to death or to life imprisonment without the possibility of release, for any offence under any law.
Under Section 7 of the Hindu Marriage Act, 1955, where the customary rites and ceremonies include the Saptapadi, the marriage becomes complete and binding:
aon the exchange of garlands
bon registration of the marriage
cwhen the seventh step is taken
dwhen the first step is taken before the sacred fire
Answer: C
Section 7(2) provides that where the ceremonies include the Saptapadi (taking of seven steps before the sacred fire), the marriage is complete and binding when the seventh step is taken.
In a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, on whom does the burden of proving reasonable excuse for withdrawal from the society of the other lie?
aOn the petitioner seeking restitution
bOn both parties equally
cOn the court to determine suo motu
dOn the person who has withdrawn from the society
Answer: D
The Explanation to Section 9 places the burden of proving reasonable excuse on the person who has withdrawn from the society of the other.
On a petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act, 1955, the motion of both parties for the decree shall be made:
anot earlier than one year and not later than two years after presentation of the petition
bnot earlier than three months and not later than one year after presentation of the petition
cimmediately on presentation of the petition
dnot earlier than six months and not later than eighteen months after presentation of the petition
Answer: D
Section 13B(2) requires the second motion to be made not earlier than six months and not later than eighteen months after the date of presentation of the petition.
Section 28 of the Hindu Succession Act, 1956 lays down that no person shall be disqualified from succeeding to any property on the ground of:
acommission of murder of the intestate
bremarriage of a widow
cany disease, defect or deformity
dconversion to another religion
Answer: C
Section 28 abolishes the old Hindu-law disqualifications, providing that no person shall be disqualified from succeeding on the ground of any disease, defect or deformity, or save as otherwise provided in the Act, on any other ground whatsoever.
Under Section 10 of the Hindu Succession Act, 1956, when the property of a male Hindu dying intestate is distributed among his Class I heirs, the surviving sons, daughters and the mother of the intestate shall each take:
aequal shares with the widow taking nothing
bshares in the proportion of two-for-a-son and one-for-a-daughter
cone share each, and the heirs in the branch of each predeceased son or daughter take between them one share
done share, the widow taking a double share
Answer: C
Under Section 10, the widow (or widows together) takes one share, each surviving son, daughter and the mother takes one share, and the heirs in the branch of each predeceased son or daughter take between them one share (per stirpes within the branch).
Under Section 49 of the Registration Act, 1908, an unregistered document which is required to be registered may nevertheless be:
areceived as evidence of a contract in a suit for specific performance, or as evidence of any collateral transaction not required to be effected by a registered instrument
btreated as a registered document for all purposes after twelve years
creceived as evidence to directly prove transfer of title to immovable property
dused to affect the immovable property comprised therein
Answer: A
Section 49 bars an unregistered compulsorily-registrable document from affecting immovable property or being received as evidence of the transaction, but its proviso allows its use as evidence of a contract in a suit for specific performance or of a collateral transaction.
Under Section 71 of the Registration Act, 1908, when a Sub-Registrar refuses to register a document, he is required to:
amake an order of refusal and record his reasons in Book No. 2
bregister the document provisionally pending appeal
cforward the document to the High Court for orders
ddestroy the document after thirty days
Answer: A
Section 71 requires a Sub-Registrar refusing to register (on a ground other than denial of execution) to make an order of refusal and record his reasons in Book No. 2, furnishing a copy free of cost on application.
Under Section 7-A of the Telangana Land Encroachment Act, 1905, where a group of persons with a common object occupy Government land and fail to vacate on demand, the District Collector may order their eviction:
aonly after issuing a show-cause notice under Section 7
bonly after obtaining an order from the Civil Court
cimmediately and without any notice
donly with the prior sanction of the Board of Revenue
Answer: C
Section 7-A, inserted by Act 23 of 1980, empowers the District Collector, notwithstanding anything in the Act, to order immediate eviction of a group of encroachers without any notice, and the land is presumed to be Government property until the contrary is proved.
Under Section 2(21) of the Telangana Excise Act, 1968, the inclusive definition of "liquor" covers:
aonly medicinal and toilet preparations containing alcohol
bonly beer, wine and toddy
cspirits of wine, denatured spirits, methylated spirits, rectified spirits, wine, beer, toddy and every liquid containing alcohol
donly distilled spirits and excludes fermented liquors
Answer: C
Section 2(21) provides that "liquor" includes spirits of wine, denatured, methylated and rectified spirits, wine, beer, toddy and every liquid consisting of or containing alcohol, plus any substance notified as liquor.
Under Section 9 of the Telangana Gaming Act, 1974, a person found gaming or reasonably suspected to be gaming in a public street, thoroughfare or place to which the public have access is punishable with imprisonment which may extend to:
asix months or fine which may extend to five thousand rupees, or with both
btwo years or fine which may extend to five thousand rupees, or with both
cone year and fine which may extend to ten thousand rupees
dthree months or fine which may extend to one thousand rupees, or with both
Answer: A
Section 9(1) (as substituted by Act No. 29 of 2017) punishes gaming in a public street or place with imprisonment up to six months OR fine up to five thousand rupees, or with both; the same penalty under Section 9(2) applies to setting birds or animals to fight.
The Civil Rules of Practice and Circular Orders, 1990 (applicable in Telangana) were framed by the High Court under Article 227 of the Constitution read with which provision of the Code of Civil Procedure, 1908?
aSection 115
bSection 122
cSection 126
dSection 151
Answer: C
The preamble to the Civil Rules of Practice and Circular Orders, 1990 records that the rules were made in exercise of the powers conferred by Article 227 of the Constitution and Section 126 of the Code of Civil Procedure, 1908.
Under Section 60 of the Indian Easements Act, 1882, a licence is irrevocable where:
ait is granted for valuable consideration in writing
bthe licensee, acting upon the licence, has executed a work of a permanent character and incurred expenses in its execution
cit has been enjoyed for more than twelve years
dit is granted to a definite number of persons
Answer: B
Section 60(b) makes a licence irrevocable where the licensee, acting upon the licence, has executed a work of a permanent character and incurred expenses; clause (a) covers a licence coupled with a transfer of property still in force.
A Hindu wife claims maintenance from her husband under Section 18 of the Hindu Adoptions and Maintenance Act, 1956. Which of the following grounds disentitles her to separate residence and maintenance?
aThe husband is guilty of desertion
bThe husband treats her with cruelty
cThe husband has any other wife living
dShe is unchaste or has ceased to be a Hindu by conversion to another religion
Answer: D
Section 18(3) provides that a wife is not entitled to separate residence and maintenance if she is unchaste or ceases to be a Hindu by conversion to another religion. Desertion, cruelty and the husband keeping another wife are grounds that entitle her to claim under Section 18(2).
Under Section 33 of the Indian Stamp Act, 1899, an instrument chargeable with duty which is not duly stamped, when produced before a person authorised to receive evidence or in charge of a public office, shall be:
aforwarded to the High Court for orders
badmitted in evidence after recording an objection
cimpounded
dreturned to the party producing it
Answer: C
Section 33 obliges every person authorised to receive evidence and every person in charge of a public office (except a police officer) to impound an instrument that appears not duly stamped.
Q100Telangana Buildings (Lease, Rent & Eviction) Control Act 1960
An appeal against an order of the Controller under the Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960 (in Hyderabad/Secunderabad) lies to the:
aDistrict Judge
bChief Judge, Court of Small Causes
cHigh Court for the State of Telangana
dCollector of the district
Answer: B
Under Section 20, an appeal from the Controller's order lies, in the twin cities of Hyderabad and Secunderabad, to the Chief Judge of the Court of Small Causes (and elsewhere to the Subordinate Judge), to be preferred within the prescribed period.
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