Telangana Judiciary Mock Test 8 — Questions & Solutions
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Where a court finds that it has no jurisdiction to try a suit, the plaint is to be returned to the plaintiff for presentation to the proper court under:
aOrder XXIII, Rule 1
bOrder VII, Rule 11
cOrder IX, Rule 8
dOrder VII, Rule 10
Answer: D
Order VII Rule 10 CPC provides for the return of the plaint, at any stage of the suit, to be presented to the court in which the suit should have been instituted.
An application by the State Government or the High Court of Telangana to transfer a suit, appeal or other proceeding from one civil court subordinate to it to another such court is made under:
aSection 24
bSection 22
cSection 47
dSection 115
Answer: A
Section 24 CPC confers general power on the High Court or District Court to transfer and withdraw any suit, appeal or other proceeding, on application or suo motu.
A defendant who is sued by the Government or a public officer in respect of an act purporting to be done in his official capacity is entitled, before institution of the suit, to a statutory notice under:
aSection 91 of the CPC
bSection 92 of the CPC
cSection 80 of the CPC
dOrder XXVII, Rule 5A of the CPC
Answer: C
Section 80 CPC requires that no suit be instituted against the Government or a public officer (in respect of an official act) until the expiry of two months after notice in writing has been delivered.
Under Order XX, Rule 1 of the Code of Civil Procedure, 1908, after the case has been heard, the court shall pronounce judgment:
awithout recording it in writing
bin open court, either at once or on some future day of which due notice is given to the parties or their pleaders
conly in chambers in the presence of the parties
donly on a date to be fixed after six months
Answer: B
Order XX Rule 1 CPC requires the court to pronounce judgment in open court, either at once or on a future day of which due notice is given to the parties or their pleaders.
Under Section 9 of the Code of Civil Procedure, 1908, a Civil Court has jurisdiction to try all suits of a civil nature except suits of which their cognizance is:
aexpressly barred only
beither expressly or impliedly barred
cbarred only by a notification of the State Government
dimpliedly barred only
Answer: B
Section 9 confers jurisdiction on Civil Courts over all suits of a civil nature, save those whose cognizance is 'either expressly or impliedly barred'.
Section 11 of the Code of Civil Procedure, 1908 embodies the doctrine of:
alis pendens
bestoppel by record of a foreign court
cres judicata
dres sub judice
Answer: C
Section 11 lays down the rule of res judicata, barring re-trial of a matter directly and substantially in issue that has been finally decided between the same parties; res sub judice (stay of suit) is dealt with in Section 10.
The general power to transfer and withdraw any suit, appeal or other proceeding pending in a subordinate court is conferred under which section of the Code of Civil Procedure, 1908?
aSection 22
bSection 23
cSection 24
dSection 25
Answer: C
Section 24 confers the general power of transfer and withdrawal on the High Court and the District Court; Section 25 deals with the Supreme Court's power to transfer suits from one State to another.
Section 80 of the Code of Civil Procedure, 1908 requires that, before instituting a suit against the Government or a public officer in respect of an act purporting to be done in his official capacity, notice be given. What is the prescribed period of such notice?
aTwo months
bSix months
cOne month
dThree months
Answer: A
Section 80(1) mandates a two months' prior written notice before suing the Government or a public officer in respect of an act done in official capacity, unless the court grants leave to dispense with notice under Section 80(2).
Settlement of disputes outside the court through arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation is provided for under which section of the Code of Civil Procedure, 1908?
aSection 94
bSection 89
cSection 90
dSection 88
Answer: B
Section 89 empowers the court, where it appears that there exist elements of a settlement, to refer the dispute for arbitration, conciliation, judicial settlement including settlement through Lok Adalat, or mediation.
A second appeal to the High Court under Section 100 of the Code of Civil Procedure, 1908 lies only where the High Court is satisfied that the case involves:
aa substantial question of law
ba mixed question of fact and law
cany question of fact wrongly decided
dany error apparent on the face of the record
Answer: A
After the 1976 amendment, a second appeal under Section 100 lies to the High Court only if the case involves a 'substantial question of law', which must be formulated by the court.
The power of the High Court to call for the record of any case decided by a subordinate court in which no appeal lies, where the subordinate court has exercised jurisdiction not vested in it or failed to exercise jurisdiction so vested, is known as the power of:
areview under Section 114
bfirst appeal under Section 96
creference under Section 113
drevision under Section 115
Answer: D
Section 115 deals with revision, empowering the High Court to correct jurisdictional errors of subordinate courts in cases where no appeal lies; review is under Section 114 and reference under Section 113.
Under Section 148 of the Code of Civil Procedure, 1908, where any period is fixed or granted by the court, the court may in its discretion enlarge such period from time to time. The total enlargement, even if the originally fixed period has expired, shall not exceed:
asixty days in total
bninety days in total
cthirty days in total
dfifteen days in total
Answer: C
As amended by the CPC (Amendment) Act, 1999, Section 148 caps the total enlargement of time at 'thirty days in total', even though the period originally fixed or granted may have expired.
Section 151 of the Code of Civil Procedure, 1908 saves the inherent powers of the court. These inherent powers may be exercised:
ato make orders necessary for the ends of justice or to prevent abuse of the process of the court
bonly with the prior sanction of the High Court
cto override an express provision of the Code
donly in execution proceedings
Answer: A
Section 151 preserves the court's inherent power to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court; these powers cannot be used to override express provisions of the Code.
An application by a defendant to add a person as a party, or by the court to strike out or add parties on the ground that their presence is necessary to effectually adjudicate the questions in the suit, is governed by:
aOrder II Rule 2
bOrder I Rule 9
cOrder VI Rule 17
dOrder I Rule 10
Answer: D
Order I Rule 10 empowers the court to add or strike out parties at any stage, including impleadment of a necessary or proper party whose presence is required to completely adjudicate the matters in controversy.
Amendment of pleadings in a civil suit is governed by which provision of the Code of Civil Procedure, 1908?
aOrder VIII Rule 9
bOrder VII Rule 11
cOrder VI Rule 17
dOrder VI Rule 16
Answer: C
Order VI Rule 17 permits the court to allow either party to alter or amend its pleadings at any stage on just terms, subject to the proviso that after the trial has commenced amendment is allowed only if due diligence is shown.
A plaint may be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908 in which of the following situations?
aWhere the defendant fails to file a written statement
bWhere the witnesses fail to appear on the date of hearing
cWhere the plaint does not disclose a cause of action
dWhere the suit is decreed ex parte
Answer: C
Order VII Rule 11 provides grounds for rejection of a plaint, including where it does not disclose a cause of action, is undervalued, insufficiently stamped, barred by law, or not filed in duplicate or in compliance with Rule 9.
Where a plaintiff withdraws a suit without the permission of the court to institute a fresh suit on the same subject-matter, the consequence under Order XXIII Rule 1(4) of the Code of Civil Procedure, 1908 is that the plaintiff:
amay file a fresh suit within the period of limitation
bmay file a fresh suit only with the leave of the High Court
cmay continue the same suit after paying additional court fee
dis precluded from instituting any fresh suit in respect of such subject-matter
Answer: D
Under Order XXIII Rule 1(4), a plaintiff who withdraws or abandons a suit without permission to file a fresh suit is liable for costs and is precluded from instituting any fresh suit in respect of the same subject-matter.
Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908 empowers the court to direct a defendant to furnish security or to attach property before judgment where the court is satisfied that the defendant, with intent to obstruct or delay execution of any decree, is about to:
adispose of or remove the whole or any part of his property from the local limits of the court's jurisdiction
bcompromise the suit with a third party
cleave the local limits of the court's jurisdiction
dtransfer the suit to another court
Answer: A
Order XXXVIII Rule 5 permits attachment before judgment where the defendant, with intent to obstruct or delay execution of a decree, is about to dispose of or remove his property from the court's jurisdiction.
Under Order XXXIII Rule 1 of the Code of Civil Procedure, 1908, a person who is not possessed of sufficient means to pay the prescribed court fee, and where no such fee is prescribed is not entitled to property worth a specified amount (other than exempt property and the subject-matter of the suit), is treated as an:
aincapacitated person, the property threshold being ten thousand rupees
bindigent person, the property threshold being five thousand rupees
cindigent person, the property threshold being two thousand rupees
dindigent person, the property threshold being one thousand rupees
Answer: D
Order XXXIII Rule 1 defines an 'indigent person' as one not possessed of sufficient means to pay court fee, or, where no fee is prescribed, not entitled to property worth one thousand rupees (excluding exempt property and the suit subject-matter).
Under Section 9 of the Code of Civil Procedure, 1908, the courts shall (subject to the provisions of the Code) have jurisdiction to try:
aonly suits relating to immovable property situate within their territorial limits
ball suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred
conly those suits of a civil nature which are expressly conferred on them by a special law
dall suits, whether of a civil or criminal nature, unless barred by law
Answer: B
Section 9 CPC provides that civil courts have jurisdiction to try all suits of a civil nature except suits of which their cognizance is expressly or impliedly barred. The Explanation clarifies that a suit in which the right to property or to an office is contested is of a civil nature.
Under the Bharatiya Sakshya Adhiniyam, 2023, when the Court has to form an opinion upon a point of foreign law, science, art, or as to identity of handwriting or finger impressions, the opinions of specially skilled persons (experts) are made relevant by:
aSection 51
bSection 47
cSection 45
dSection 39
Answer: D
Expert opinion, formerly under Section 45 of the Indian Evidence Act, 1872, is now governed by Section 39 of the BSA, 2023.
Admissibility of electronic records, and the requirement of a certificate accompanying such records, is provided under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 65B
bSection 65A
cSection 85B
dSection 63
Answer: D
Section 63 of the BSA, 2023 governs admissibility of electronic records and prescribes the certificate (replacing Section 65B of the Indian Evidence Act, 1872), with the certificate format now appended in the Schedule.
Under the Bharatiya Sakshya Adhiniyam, 2023, the general rule that the burden of proof in a suit or proceeding lies on the person who would fail if no evidence at all were given on either side is contained in:
aSection 102
bSection 101
cSection 106
dSection 104
Answer: D
The general rule on burden of proof, formerly Section 101 of the Indian Evidence Act, 1872, is now Section 104 of the BSA, 2023.
Under the Bharatiya Sakshya Adhiniyam, 2023, the provision that an accomplice shall be a competent witness against an accused person, and that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice, is:
aSection 138
bSection 140
cSection 114
dSection 133
Answer: A
Section 138 of the BSA, 2023 declares an accomplice a competent witness against an accused person and provides that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. The BSA enacted text uses 'corroborated', unlike repealed Section 133 of the Indian Evidence Act, 1872, which used 'uncorroborated'.
Under the Bharatiya Sakshya Adhiniyam, 2023, the provision empowering a Court to presume the existence of any fact which it thinks likely to have happened, regard being had to the common course of natural events and human conduct, is:
aSection 114
bSection 119
cSection 121
dSection 116
Answer: B
The discretionary presumption ('Court may presume'), formerly Section 114 of the Indian Evidence Act, 1872, is now Section 119 of the BSA, 2023.
Under the Bharatiya Sakshya Adhiniyam, 2023, the presumption as to documents thirty years old (proper custody) is provided under Section 92. The corresponding presumption as to electronic records five years old is provided under:
aSection 90A
bSection 91
cSection 94
dSection 93
Answer: D
Section 92 of the BSA, 2023 deals with documents thirty years old, and Section 93 introduces a parallel presumption for electronic records five years old.
Under the Bharatiya Sakshya Adhiniyam, 2023, the doctrine of estoppel by representation, whereby a person who has intentionally caused another to believe a thing to be true and to act upon such belief is precluded from denying its truth, is contained in:
aSection 124
bSection 121
cSection 118
dSection 115
Answer: B
Estoppel, formerly Section 115 of the Indian Evidence Act, 1872, is now Section 121 of the BSA, 2023.
Under the Bharatiya Sakshya Adhiniyam, 2023, the section providing that all persons shall be competent to testify unless prevented from understanding the questions or giving rational answers by tender years, extreme old age, or disease of body or mind, is:
aSection 118
bSection 120
cSection 124
dSection 126
Answer: C
Competency of witnesses ('Who may testify'), formerly Section 118 of the Indian Evidence Act, 1872, is now Section 124 of the BSA, 2023.
Under Section 146 of the Bharatiya Sakshya Adhiniyam, 2023, a question suggesting the answer which the person putting it wishes or expects to receive is a leading question. As a rule, leading questions:
amay be asked only by the Court
bmay be asked in cross-examination and as to introductory or undisputed matters
cmay be asked in examination-in-chief but not in cross-examination
dmay never be asked without the leave of the Court
Answer: B
Section 146 of the BSA, 2023 permits leading questions in cross-examination and as to matters introductory, undisputed or already proved; they are generally objectionable in examination-in-chief and re-examination.
Under the Bharatiya Sakshya Adhiniyam, 2023, the order of examination of a witness — examination-in-chief, then cross-examination, then re-examination — is laid down in:
aSection 137
bSection 145
cSection 143
dSection 138
Answer: C
The order of examinations, formerly Section 138 of the Indian Evidence Act, 1872, is now Section 143 of the BSA, 2023, prescribing chief, then cross, then re-examination.
Under the Bharatiya Sakshya Adhiniyam, 2023, 'primary evidence' (the document itself produced for the inspection of the Court) and 'secondary evidence' are defined, respectively, in:
aSections 59 and 60
bSections 57 and 58
cSections 55 and 56
dSections 62 and 63
Answer: B
Primary evidence (old Section 62 IEA) is now Section 57 of the BSA, 2023, and secondary evidence (old Section 63 IEA) is now Section 58.
"A" drives his car rashly, knocks down and kills a pedestrian, and then drives away without reporting the incident to the police or a Magistrate. Under the Bharatiya Nyaya Sanhita, 2023, this aggravated hit-and-run causing death is punishable under:
aSection 106(2)
bSection 105
cSection 117
dSection 106(1)
Answer: A
Section 106(2) BNS is the new aggravated provision for causing death by rash and negligent driving and escaping without reporting the incident soon after, punishable with imprisonment up to ten years and fine.
"A", a member of a crime syndicate, engages in continuing unlawful activity such as kidnapping for ransom and contract killing as part of an organised criminal group. Under the Bharatiya Nyaya Sanhita, 2023, the new offence of "organised crime" is contained in:
aSection 117
bSection 109
cSection 111
dSection 113
Answer: C
Section 111 BNS is a wholly new provision creating the offence of organised crime — continuing unlawful activity by a crime syndicate — which had no direct equivalent in the IPC. Section 113 separately deals with terrorist acts.
"A" deceives "Z" by falsely representing that a brass article is gold and thereby dishonestly induces Z to deliver money for it. Under the Bharatiya Nyaya Sanhita, 2023, cheating and thereby dishonestly inducing delivery of property is punishable under:
aSection 314
bSection 318(4)
cSection 316(4)
dSection 308
Answer: B
Cheating is defined in Section 318 BNS; sub-section (4) specifically punishes cheating that dishonestly induces the deceived person to deliver property (old Section 420 IPC) with imprisonment up to seven years and fine.
"A" threatens "Z" with injury to his reputation, intending to cause alarm and to compel Z to withdraw a complaint. Under the Bharatiya Nyaya Sanhita, 2023, the offence of criminal intimidation is defined in:
aSection 359
bSection 351
cSection 349
dSection 356
Answer: B
Section 351 BNS defines and punishes criminal intimidation — threatening another with injury to person, reputation or property to cause alarm or to compel an act or omission (old Section 503/506 IPC).
A mob of seven persons, acting in concert, beats a man to death solely because he belongs to a particular community. Under the Bharatiya Nyaya Sanhita, 2023, the minimum sentence prescribed for each member of such a group is:
aimprisonment for life only, with no lesser alternative
bimprisonment for a term which shall not be less than fourteen years
cimprisonment for a term which shall not be less than ten years
dimprisonment for a term which shall not be less than seven years
Answer: D
Section 103(2) BNS penalises murder by a group of five or more persons on grounds such as race, caste, community or sex with death or imprisonment for life or imprisonment for a term not less than seven years.
A snatches a chain from B's neck by a sudden quick action in a crowded market. Under the Bharatiya Nyaya Sanhita, 2023, which provision specifically deals with this offence of 'snatching' as distinct from theft?
aSection 309
bSection 303
cSection 308
dSection 304
Answer: D
Section 304 BNS introduces 'snatching' as a distinct offence for the first time, a subset of theft committed by sudden or quick action; theft itself is defined under Section 303.
A threatens to publish a defamatory libel concerning Z unless Z gives him money, and thereby dishonestly induces Z to deliver money. Under the Bharatiya Nyaya Sanhita, 2023, A has committed the offence of:
aextortion under Section 308
bcheating under Section 318
ccriminal breach of trust under Section 316
dtheft under Section 303
Answer: A
Putting a person in fear of injury (including injury to reputation) and thereby dishonestly inducing delivery of property is extortion under Section 308 BNS.
Under Section 43(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a woman shall, as a general rule, NOT be arrested after sunset and before sunrise. Where exceptional circumstances require such arrest, the woman police officer must:
aRecord the reasons in the case diary and inform the Magistrate within 48 hours
bObtain the prior written permission of the Magistrate of the first class within whose jurisdiction the arrest is to be made
cObtain the consent of the woman's nearest male relative
dObtain the prior approval of the Director General of Police
Answer: B
Under Section 43(5) BNSS, arrest of a woman after sunset and before sunrise requires, in exceptional cases, prior written permission of the jurisdictional Magistrate of the first class, obtained by the woman police officer through a written report.
Under the proviso to Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, no person who is infirm or above sixty years of age, accused of an offence punishable with imprisonment of less than three years, shall be arrested except with the prior permission of an officer not below the rank of:
aDeputy Superintendent of Police
bSuperintendent of Police
cSub-Inspector of Police
dInspector of Police
Answer: A
The proviso to Section 35 BNSS requires prior permission of an officer not below the rank of Deputy Superintendent of Police (DSP) before arresting an infirm person or one above sixty years for an offence punishable with less than three years' imprisonment.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, bail in a non-bailable offence by a court (other than the High Court or Court of Session) is governed by which section?
aSection 478
bSection 482
cSection 483
dSection 480
Answer: D
Section 480 BNSS deals with bail in non-bailable offences, corresponding to the old Section 437 CrPC; Section 483 (old Section 439) deals with the special powers of the High Court and Court of Session.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a complaint of facts constituting an offence of defamation against the President, Vice-President, Governor or a Minister in respect of conduct in the discharge of public functions may be made by the Public Prosecutor under:
aSection 222
bSection 199
cSection 210
dSection 228
Answer: A
Section 222 BNSS (corresponding to Section 199 CrPC) provides for prosecution for defamation, including the special procedure by the Public Prosecutor where the aggrieved person is the President, Vice-President, Governor or a public servant in respect of public conduct.
Which of the following statements regarding classes of Criminal Courts under the Bharatiya Nagarik Suraksha Sanhita, 2023 is correct?
aThe BNSS abolishes the distinction of Metropolitan Magistrates and Metropolitan areas
bUnder the BNSS, the Court of Session is subordinate to the Chief Judicial Magistrate
cThe BNSS retains the separate class of Magistrates known as Metropolitan Magistrates
dThe BNSS introduces a new class of Special Sessions Courts in every district
Answer: A
The BNSS, 2023 does away with the category of Metropolitan Magistrates and the concept of 'Metropolitan area' that existed under the CrPC; the classes of Criminal Courts are now Sessions Courts, Judicial Magistrates of the first and second class, and Executive Magistrates.
Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, information relating to the commission of a cognizable offence may be given to the officer in charge of a police station:
aonly by the aggrieved person in person at the station having territorial jurisdiction
borally or in writing or by electronic communication, irrespective of the area where the offence is committed
conly in writing and only within the local jurisdiction where the offence was committed
donly orally before a Magistrate of the first class
Answer: B
Section 173(1) BNSS allows information of a cognizable offence to be given orally, in writing or by electronic communication 'irrespective of the area where the offence is committed', thereby giving statutory recognition to the Zero FIR.
Which provision of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponds to the erstwhile Section 167 CrPC dealing with the procedure when investigation cannot be completed within twenty-four hours?
aSection 187
bSection 190
cSection 209
dSection 167
Answer: A
Section 187 BNSS corresponds to the old Section 167 CrPC and governs remand and the period of detention pending investigation.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an accused acquires an indefeasible right to default bail if the investigation is not completed within ninety days where the offence is punishable with:
afine only
bimprisonment for any term, in all cases uniformly
cdeath, imprisonment for life, or imprisonment for a term of not less than ten years
dimprisonment of less than three years
Answer: C
Under Section 187(3) BNSS the period is ninety days for offences punishable with death, life imprisonment or imprisonment of not less than ten years, and sixty days in any other case.
A new statutory form of punishment that a Magistrate of the first class may impose under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which did not exist as a sentence under the Code of Criminal Procedure, 1973, is:
acommunity service
bpreventive detention
cforfeiture of property
dsolitary confinement
Answer: A
Section 23 BNSS empowers Magistrates of the first and second class to impose community service as a sentence, a punishment newly introduced by the BNSS.
Under Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where the offence is punishable with imprisonment for less than three years and the person is infirm or above sixty years of age, no arrest shall be made without the prior permission of an officer not below the rank of:
aSub-Inspector of Police
bInspector of Police
cDeputy Superintendent of Police
dSuperintendent of Police
Answer: C
The proviso to Section 35 BNSS requires prior permission of an officer not below the rank of Deputy Superintendent of Police before arresting an infirm person or one above sixty years in such cases.
Under Section 128 of the Indian Contract Act, 1872, the liability of the surety is:
aindependent of the principal debtor's liability
balways limited to half the liability of the principal debtor
ccoextensive with that of the principal debtor, unless otherwise provided by the contract
dsecondary and arises only after the creditor exhausts remedies against the principal debtor
Answer: C
Section 128 provides that the liability of the surety is coextensive with that of the principal debtor, unless it is otherwise provided by the contract.
Which of the following classes of persons enjoys a general lien under Section 171 of the Indian Contract Act, 1872 in the absence of a contract to the contrary?
aPledgees and mortgagees only
bCarriers and innkeepers only
cAny person to whom goods are bailed
dBankers, factors, wharfingers, attorneys of a High Court and policy-brokers
Answer: D
Section 171 confers a general lien only on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers; other bailees have only a particular lien unless there is an express contract.
Under Section 230 of the Indian Contract Act, 1872, a contract that the agent is personally bound is presumed to exist in which of the following cases?
aWhere the agent acts for a principal resident within India and discloses his name
bWhere the principal subsequently ratifies the contract
cWhere the contract is made by an agent for the sale or purchase of goods for a merchant resident abroad
dWhere the agent acts gratuitously
Answer: C
Section 230 presumes personal liability of the agent where the contract is for a merchant resident abroad, where the agent does not disclose his principal, or where the disclosed principal cannot be sued.
According to Section 2(d) of the Indian Contract Act, 1872, an act done by the promisee before and without the desire of the promisor, but which the promisor later agrees to pay for, is:
anot consideration at all, since it did not move at the desire of the promisor
bvalid past consideration supporting the promise
cconsideration only if the act was lawful
dexecutory consideration
Answer: A
Under Section 2(d) consideration must move 'at the desire of the promisor'; an act done voluntarily, without any request from the promisor, is not consideration even if the promisor later promises to pay for it.
A, by deed, mortgages his property while he is a minor. After attaining majority, the question whether the mortgage is void or voidable arises. As per the principle laid down by the Privy Council in Mohori Bibee v. Dharmodas Ghose, the agreement is:
aenforceable, as A is estopped by his conduct
bvoid ab initio, a minor being incompetent to contract under Section 11
cvoidable at the option of A
dvalid and binding once A ratifies it on majority
Answer: B
In Mohori Bibee v. Dharmodas Ghose (1903) the Privy Council held that a minor's agreement is void ab initio under Section 11, since a minor is not competent to contract.
B promises in writing, signed by him, to pay A a debt which A could no longer recover by suit because the period of limitation had expired. Under Section 25 of the Indian Contract Act, 1872, this promise is:
avoidable at the option of B
bvoid for want of consideration
ca valid contract, being an exception to the requirement of consideration
dvoid as it revives a barred debt
Answer: C
Section 25(3) makes a written and signed promise to pay a time-barred debt a valid contract even though it is without fresh consideration.
Where a suit is based upon the fraud of the defendant, Section 17 of the Limitation Act, 1963 provides that the period of limitation:
ais reduced by half as a penalty against the defendant
bbegins to run from the date on which the fraud was committed
cis permanently suspended until the defendant admits the fraud
ddoes not begin to run until the plaintiff has discovered the fraud, or could with reasonable diligence have discovered it
Answer: D
Section 17 postpones the commencement of limitation in cases of fraud or mistake until the plaintiff discovers, or could with reasonable diligence have discovered, the fraud or mistake.
Under Section 27 of the Limitation Act, 1963, on the determination of the period limited for a person to institute a suit for possession of any property:
ahe may file a fresh suit within a further period of three years
bonly his remedy is barred, but his right to the property survives
chis right revives if the adverse possessor abandons the property
dhis right to such property is extinguished
Answer: D
Section 27 is an exception to the general rule that limitation bars only the remedy; on expiry of the period for a possession suit, the right to the property itself is extinguished.
The period of limitation for a suit for possession of immovable property based on title, under Article 65 of the Schedule to the Limitation Act, 1963, is:
athree years from the date of dispossession
btwelve years from the date the plaintiff acquired title
cthirty years from the date of dispossession
dtwelve years from the date when the possession of the defendant becomes adverse to the plaintiff
Answer: D
Article 65 prescribes twelve years for a title-based possession suit, the time running from when the defendant's possession becomes adverse to the plaintiff.
A is dispossessed of immovable property of which he was in possession, his suit being founded on previous possession and not on title. Under Article 64 of the Schedule to the Limitation Act, 1963, the period of limitation is:
atwelve years from the date of dispossession
bsix years from dispossession
cthree years from dispossession
dthirty years from dispossession
Answer: A
Article 64 prescribes twelve years for a suit for possession based on previous possession (and not on title), reckoned from the date of dispossession.
Article 113 of the Schedule to the Limitation Act, 1963 — the residuary article for suits for which no period of limitation is provided elsewhere — prescribes a period of:
atwelve years from the time the right to sue accrues
bthree years from the time the right to sue accrues
csix years from the time the right to sue accrues
done year
Answer: B
Article 113 is the residuary provision, prescribing three years from the date the right to sue accrues for any suit not otherwise specifically provided for in the Schedule.
Section 139 of the Negotiable Instruments Act, 1881 raises a presumption that:
aevery endorsement on a cheque is presumed to be without consideration
bevery cheque is presumed to be forged unless proved otherwise
cthe drawer of a cheque is presumed to be insolvent
dthe holder of a cheque received it for the discharge, in whole or in part, of a legally enforceable debt or other liability
Answer: D
Section 139 directs the court to presume, until the contrary is proved, that the holder received the cheque for the discharge in whole or in part of a legally enforceable debt or liability.
The presumption under Section 139 of the Negotiable Instruments Act, 1881 is in the nature of a:
apresumption that can be rebutted only by proof beyond reasonable doubt
brebuttable presumption which the accused may displace on the preponderance of probabilities
cconclusive presumption that cannot be rebutted
dmere presumption of fact with no statutory force
Answer: B
The Section 139 presumption is rebuttable; the accused need not adduce direct evidence and may rebut it on the standard of preponderance of probabilities, after which the burden shifts back to the complainant.
Under Section 6 of the Negotiable Instruments Act, 1881, the expression 'cheque' includes:
aa promissory note payable on demand
bthe electronic image of a truncated cheque and a cheque in the electronic form
ca bill of exchange payable after a fixed period
da demand draft drawn by one bank on another
Answer: B
Section 6 defines a cheque as a bill of exchange drawn on a specified banker payable only on demand, and expressly includes the electronic image of a truncated cheque and a cheque in the electronic form.
The maximum amount of interim compensation that a court may direct the drawer to pay under Section 143A of the Negotiable Instruments Act, 1881 is:
atwenty-five per cent of the amount of the cheque
bten per cent of the amount of the cheque
cfifteen per cent of the amount of the cheque
dtwenty per cent of the amount of the cheque
Answer: D
Section 143A(2) caps interim compensation at twenty per cent of the cheque amount, payable within sixty days of the order (extendable by up to thirty days).
Under Section 148 of the Negotiable Instruments Act, 1881, in an appeal by the drawer against conviction under Section 138, the appellate court may order the appellant to deposit a sum which shall be a minimum of:
athe entire fine or compensation awarded by the trial court
btwenty per cent of the fine or compensation awarded by the trial court
cten per cent of the fine or compensation awarded by the trial court
dfifty per cent of the fine or compensation awarded by the trial court
Answer: B
Section 148(1) empowers the appellate court to direct a deposit of a minimum of twenty per cent of the fine or compensation, which is in addition to any interim compensation paid under Section 143A.
As per Section 107 of the Transfer of Property Act, 1882, a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by:
aa registered instrument
ban unregistered written agreement signed by the lessee alone
can oral agreement accompanied by delivery of possession
da mere entry in the lessor's account books
Answer: A
Section 107 mandates that leases from year to year, or for a term exceeding one year, or reserving a yearly rent must be made by a registered instrument; all other leases may be made by registered instrument or by oral agreement accompanied by delivery of possession.
Under Section 122 of the Transfer of Property Act, 1882, for a gift to be valid the acceptance by or on behalf of the donee must be made:
aonly after the death of the donor
bduring the lifetime of the donor and while he is still capable of giving
cwithin six months of registration of the gift deed
dat any time within three years of the gift
Answer: B
Section 122 requires acceptance during the lifetime of the donor and while he is still capable of giving; if the donee dies before acceptance, the gift is void.
A, the eldest son, in expectation of inheriting his ailing father's house, executes a deed transferring his prospective share to B for consideration. The father is still alive. As per Section 6 of the Transfer of Property Act, 1882, the transfer is:
avalid, as A has a vested interest in the property
bvoid, being a transfer of the chance of an heir-apparent (spes successionis)
cvoidable at the option of the father
dvalid only after the father's death by way of feeding the estoppel
Answer: B
Section 6(a) declares that the chance of an heir-apparent succeeding to an estate, or any other mere possibility of a like nature, cannot be transferred; such a transfer is void.
B, an ostensible owner of immovable property holding it with the implied consent of the real owner, sells it to C for consideration. C, after taking reasonable care to verify B's authority, acts in good faith. Under Section 41 of the Transfer of Property Act, 1882, the real owner seeks to set aside the sale. The transfer is:
avalid only if the real owner ratifies it in writing
bnot voidable merely on the ground that the transferor was unauthorised
cvoidable, because B was not the true owner
dvoid, as only the real owner can transfer title
Answer: B
Section 41 protects a bona fide transferee for consideration from an ostensible owner who acted with reasonable care and in good faith; the transfer is not voidable merely because the transferor lacked authority.
Which Article of the Constitution empowers the President to proclaim a Financial Emergency if the financial stability or credit of India is threatened?
aArticle 352
bArticle 365
cArticle 360
dArticle 356
Answer: C
Article 360 empowers the President to proclaim a Financial Emergency where the financial stability or credit of India or any part of its territory is threatened.
Under Article 124(2) of the Constitution of India, a Judge of the Supreme Court holds office until he attains the age of:
a65 years
b70 years
c68 years
d62 years
Answer: A
Article 124(2) provides that a Supreme Court Judge holds office until the age of 65 years, in contrast to the 62-year limit for High Court Judges under Article 217.
Dr. B.R. Ambedkar described which Article of the Constitution of India as the "heart and soul" of the Constitution, being itself a Fundamental Right that empowers a person to move the Supreme Court directly for enforcement of the rights in Part III?
aArticle 21
bArticle 14
cArticle 32
dArticle 226
Answer: C
Article 32 guarantees the right to constitutional remedies and is itself a fundamental right; Ambedkar called it the heart and soul of the Constitution. Article 226 vests writ power in the High Courts, not the Supreme Court.
The protection against double jeopardy (no person shall be prosecuted and punished for the same offence more than once) is contained in which clause of Article 20 of the Constitution of India?
aArticle 20(1)
bArticle 20(3)
cArticle 20(2)
dArticle 20(4)
Answer: C
Article 20(1) bars ex post facto laws, Article 20(2) embodies the rule against double jeopardy, and Article 20(3) protects against self-incrimination. Article 20 has only three clauses.
Under Section 33 of the Protection of Women from Domestic Violence Act, 2005, a Protection Officer who fails or refuses to discharge his duties as directed by the Magistrate, without sufficient cause, is punishable with imprisonment which may extend to one year, or with fine which may extend to:
afifty thousand rupees
bfive thousand rupees
cten thousand rupees
dtwenty thousand rupees
Answer: D
Section 33 punishes a Protection Officer who fails or refuses to discharge his duties without sufficient cause with imprisonment up to one year, or fine up to twenty thousand rupees, or both.
Under Section 2(q) of the Protection of Women from Domestic Violence Act, 2005, against whom may a complaint primarily be filed, and what is the position of an aggrieved wife as regards relatives of her husband?
aOnly against an adult male respondent; and the proviso permits a wife or female in a relationship in the nature of marriage to also file a complaint against a relative of the husband or male partner
bOnly against the husband; no complaint against any relative is competent
cAgainst any person, male or female, with whom the woman has lived
dAgainst any adult male, but never against any relative of the husband even if a woman
Answer: A
Section 2(q) defines "respondent" as any adult male person in a domestic relationship with the aggrieved person, and the proviso allows an aggrieved wife or female in a relationship in the nature of marriage to also file against a relative of the husband or male partner.
Within what period from the date of its first hearing is the Magistrate required to endeavour to dispose of an application made under Section 12(1) of the Protection of Women from Domestic Violence Act, 2005?
aThirty days
bNinety days
cSixty days
dSix months
Answer: C
Section 12(5) directs the Magistrate to endeavour to dispose of every application under Section 12(1) within sixty days from the date of its first hearing; the first hearing itself must ordinarily be within three days of receipt under Section 12(4).
A respondent breaches a protection order passed under Section 18 of the Protection of Women from Domestic Violence Act, 2005. What is the maximum punishment prescribed under Section 31, and the nature of the offence under Section 32?
aFine only up to one lakh rupees; the offence is non-cognizable and non-bailable
bImprisonment up to six months or fine up to ten thousand rupees; the offence is non-cognizable and bailable
cImprisonment up to two years and fine up to fifty thousand rupees; the offence is cognizable and bailable
dImprisonment up to one year, or fine up to twenty thousand rupees, or both; the offence is cognizable and non-bailable
Answer: D
Section 31(1) makes breach of a protection order punishable with imprisonment up to one year, or fine up to twenty thousand rupees, or both; Section 32(1) makes that offence cognizable and non-bailable.
The remedy of 'substituted performance', introduced into the Specific Relief Act, 1963 by the 2018 amendment, is contained in:
aSection 19
bSection 20
cSection 21
dSection 16
Answer: B
Section 20, as substituted in 2018, permits a party suffering breach to get the contract performed through a third party or its own agency and recover the expenses and costs from the defaulting party, after giving not less than thirty days' notice in writing.
Before availing the remedy of substituted performance under Section 20 of the Specific Relief Act, 1963, the party suffering the breach must serve a written notice of not less than:
aThirty days
bSixty days
cFifteen days
dNinety days
Answer: A
The proviso to Section 20(2) requires that no substituted performance shall be undertaken unless the party has given a notice in writing of not less than thirty days to the party in breach calling upon it to perform.
Section 20A of the Specific Relief Act, 1963 (inserted in 2018) provides that no injunction shall be granted by a court in a suit involving a contract relating to:
aAn infrastructure project specified in the Schedule, where the injunction would cause impediment or delay in its progress or completion
bPartnership firms
cAny commercial dispute exceeding rupees one crore
dSale of agricultural land
Answer: A
Section 20A bars the grant of an injunction in any suit relating to a contract for an infrastructure project specified in the Schedule, where granting the injunction would cause impediment or delay in the progress or completion of the project.
Under Section 12 of the JJ Act, 2015, bail to a person apparently a child alleged to be in conflict with law may be REFUSED on which of the following grounds?
aWhere the offence is non-bailable in nature
bWhere the child has a previous involvement in any case
cWhere the offence alleged is a heinous offence
dWhere release would defeat the ends of justice
Answer: D
Section 12 makes bail the rule for a child; it may be refused only on the three grounds that release would bring the child into association with known criminals, expose the child to moral/physical/psychological danger, or defeat the ends of justice. The gravity of the offence is not by itself a ground.
Under Section 94(2) of the JJ Act, 2015, for determining the age of a child, an ossification test or other medical test may be ordered:
ain every case along with documentary evidence
bonly where the child is below sixteen years of age
conly in the absence of a date of birth certificate from school and a birth certificate from a corporation/municipal authority/panchayat
das the first and primary mode of age determination
Answer: C
Section 94(2) lays down a hierarchy: first the date of birth certificate from school/matriculation board, then the birth certificate from a corporation/municipal authority/panchayat, and only in the absence of both can an ossification or other medical test be ordered.
Under the JJ Act, 2015, the Juvenile Justice Board constituted under Section 4 consists of:
aa District Magistrate and one social worker
ba Sessions Judge and two assessors
ca Metropolitan Magistrate/Judicial Magistrate of First Class and two social workers, at least one being a woman
da Chief Judicial Magistrate and two social workers
Answer: C
Section 4 provides that the Board comprises a Principal Magistrate (a Metropolitan Magistrate or Judicial Magistrate of First Class, not the Chief Metropolitan/Chief Judicial Magistrate) and two social workers, of whom at least one shall be a woman.
A petition for divorce by mutual consent under Section 13B can be presented only if the parties have been living separately for a period of:
asix months or more
bone year or more
cthree years or more
dtwo years or more
Answer: B
Section 13B(1) requires that the parties have been living separately for a period of one year or more, have not been able to live together, and have mutually agreed to dissolve the marriage.
Under Section 13(1) of the Hindu Marriage Act, 1955, desertion is a ground for divorce only where the respondent has deserted the petitioner for a continuous period of not less than:
aone year immediately preceding the presentation of the petition
bsix months immediately preceding the presentation of the petition
cthree years immediately preceding the presentation of the petition
dtwo years immediately preceding the presentation of the petition
Answer: D
Section 13(1)(ib) makes desertion for a continuous period of not less than two years immediately preceding the petition a ground for divorce.
Under Section 13(1) of the Hindu Marriage Act, 1955, divorce may be sought on the ground that the other party has not been heard of as being alive for a period of:
afive years or more
btwelve years or more
cten years or more
dseven years or more
Answer: D
Section 13(1)(vii) provides that where a party has not been heard of as being alive for seven years or more by those who would naturally have heard of it, the other party may seek divorce.
Section 30 of the Hindu Succession Act, 1956, as amended in 2005, enables a Hindu to dispose of by will or other testamentary disposition:
aany property capable of being so disposed of by him, including his interest in a Mitakshara coparcenary
bonly property inherited from his father and mother
cno property, succession being wholly intestate under the Act
donly his separate or self-acquired property and not any interest in coparcenary property
Answer: A
Section 30 permits a Hindu to dispose by will of any property capable of being so disposed of, and the Explanation makes clear that a male Hindu's interest in a Mitakshara coparcenary is included, notwithstanding survivorship.
On the death of an intestate Hindu male, his property is to be distributed among the heirs in Class I of the Schedule under Section 10 of the Hindu Succession Act, 1956. Which of the following statements correctly reflects Rule 1 of Section 10?
aThe widow shall take a share double that of the mother
bThe widow, or if there is more than one widow, all the widows together, shall take one share
cThe widows shall together take one-half of the estate irrespective of the number of other heirs
dEach widow shall take a separate full share equal to that of a son
Answer: B
Under Rule 1 of Section 10 of the Hindu Succession Act, 1956, the intestate's widow, or if there is more than one widow, all the widows together take one share. Rule 2 then gives the sons, daughters and the mother one share each.
Under Section 72 of the Registration Act, 1908, an appeal against an order of a Sub-Registrar refusing to register a document (on a ground other than denial of execution) lies to the Registrar if presented within:
athirty days from the date of the order
bfifteen days from the date of the order
cninety days from the date of the order
dsixty days from the date of the order
Answer: A
Section 72 allows an appeal to the Registrar to whom the Sub-Registrar is subordinate, provided it is presented within thirty days from the date of the order of refusal.
As per Section 23 of the Registration Act, 1908, no document other than a will shall be accepted for registration unless presented for that purpose within:
athree months from the date of its execution
beight months from the date of its execution
cfour months from the date of its execution
dsix months from the date of its execution
Answer: C
Section 23 provides that, except for wills, no document shall be accepted for registration unless presented within four months from the date of its execution.
Under Section 9 of the Telangana Land Encroachment Act, 1905, the assessment, rent, fee and penalty imposed on an unauthorized occupant shall be deemed to be land-revenue and recoverable as arrears of land revenue under:
athe Code of Civil Procedure, 1908
bthe Telangana Land Revenue Act, 1317 F.
cthe Telangana Revenue Recovery Act, 1864
dthe Indian Stamp Act, 1899
Answer: C
Section 9 deems the sums imposed under the Act to be land-revenue, recoverable as arrears of land revenue under the Telangana Revenue Recovery Act, 1864.
Section 70 of the Telangana Excise Act, 1968 bars a suit against the Government or a Prohibition and Excise Officer in respect of anything done in pursuance of the Act unless the suit is instituted within:
asix months from the date of the act complained of
btwo years from the date of the act complained of
cthree months from the date of the act complained of
done year from the date of the act complained of
Answer: A
Section 70 ("Limitation of suits") bars any suit (other than one by Government) against the Government or a Prohibition and Excise Officer for acts done under the Act unless instituted within six months from the date of the act complained of.
Under Section 14 of the Telangana Gaming Act, 1974, the convicting magistrate may direct that a portion of the fine imposed be paid to informants who assisted in detecting the offenders. The portion so directed shall not exceed:
aone-fourth of the fine
bone-third of the fine
cone-half of the fine
dthe whole of the fine
Answer: C
Section 14(1) permits the convicting magistrate to direct any portion 'not exceeding one half' of the fine imposed under Sections 3, 4 or 9, and of seized/forfeited proceeds, to be paid to informants.
Under the Civil Rules of Practice, 1990, the cause-title of a plaint or original petition must, inter alia, set out the name of the court and the names of the parties. The parties are required to be:
aseparately numbered and described as plaintiffs and defendants or petitioners and respondents
bdescribed only by their advocates' names
clisted alphabetically without numbering
dgrouped together as 'the parties' without individual description
Answer: A
Rule 9 (Cause-title of plaint) of the Civil Rules of Practice, 1990 requires the cause-title to set out the name of the court and the names of the parties, separately numbered and described as plaintiffs and defendants or petitioners and respondents.
Under Section 56 of the Indian Easements Act, 1882, the general rule regarding transfer of a licence is that:
aa licence cannot be transferred by the licensee or exercised by his servants or agents, unless a contrary intention appears
ba licence is always transferable along with the dominant heritage
ca licence is transferable only with the Collector's sanction
da licence is freely transferable like an easement
Answer: A
Section 56 lays down that, unless a different intention is expressed or necessarily implied, a licence cannot be transferred by the licensee or exercised by his servants or agents.
Under Section 10 of the Hindu Adoptions and Maintenance Act, 1956, no person can be taken in adoption unless, among other conditions, he or she:
aHas completed the age of fifteen years, unless there is a custom or usage permitting otherwise
bHas not completed the age of eighteen years in all cases
cIs unmarried, regardless of any custom
dHas not completed the age of fifteen years, unless there is a custom or usage permitting persons over fifteen to be adopted
Answer: D
Section 10(iv) requires that the person to be adopted must not have completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed fifteen years to be taken in adoption. Section 10 also requires the adoptee to be a Hindu, not already adopted, and (clause iii) unmarried unless custom permits.
Under Section 62 of the Indian Stamp Act, 1899, a person who executes, otherwise than as a witness, an instrument chargeable with duty without it being duly stamped, is punishable with fine which may extend to:
aone hundred rupees
bfive hundred rupees
cone thousand rupees
dtwo hundred rupees
Answer: B
Section 62 prescribes a fine which may extend to five hundred rupees for executing or signing (otherwise than as a witness) an instrument not duly stamped, among other listed defaults.
Q100Telangana Buildings (Lease, Rent & Eviction) Control Act 1960
Under the Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960, the power of revision to call for and examine the records of any order passed by the Controller or by the appellate authority, to satisfy itself as to the legality, regularity or propriety of such order, is vested in the:
aDistrict Collector
bHigh Court
cCourt of Session
dState Government
Answer: B
Section 22 vests revisional power in the High Court, which may call for and examine the records of any proceeding under the Act to satisfy itself as to the legality, regularity or propriety of the order and pass such order as it thinks fit.
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