Telangana Judiciary Mock Test 9 — Questions & Solutions
Every question from this prelims mock with the correct answer and a detailed, source-backed solution. Free to read. Want the real exam feel — a timer, instant scoring, and a subject-wise weakness report? Take it as a test.
100
Questions
23
Subjects
+ solutions
Every question
Take this as a timed mock test — instant score + subject-wise analytics. First mock free, then ₹999/year for unlimited.
Section 24 of the Code of Civil Procedure, 1908 confers the general power of transfer and withdrawal of suits, appeals or other proceedings on:
athe High Court or the District Court
bthe Supreme Court only
cthe Central Government
dthe Court of Small Causes only
Answer: A
Section 24 CPC empowers the High Court or the District Court, on application of a party or of its own motion, to transfer or withdraw any suit, appeal or other proceeding pending before it or any subordinate court. Inter-State transfer between High Courts is governed separately by Section 25.
The power to transfer a suit, appeal or other proceeding from a High Court or Civil Court in one State to a High Court or Civil Court in another State is vested under the Code of Civil Procedure, 1908 in:
athe High Court of the State where the suit is pending
bthe Central Government under Section 24
cthe Supreme Court under Section 25
dthe District Court
Answer: C
Section 25 CPC empowers the Supreme Court, on the application of a party supported by affidavit and after notice, to transfer any suit, appeal or proceeding from a court in one State to a court in another State if it is expedient for the ends of justice.
Under Section 35A of the Code of Civil Procedure, 1908, the maximum amount of compensatory costs that a court may award in respect of a false or vexatious claim or defence is:
arupees one thousand
brupees three thousand or the limit of the court's pecuniary jurisdiction, whichever is less
crupees five thousand
drupees ten thousand without any limit
Answer: B
Section 35A CPC caps compensatory costs for false or vexatious claims/defences at three thousand rupees or the limits of the court's pecuniary jurisdiction, whichever amount is less.
Section 60 of the Code of Civil Procedure, 1908, which specifies property liable to attachment and sale in execution of a decree, exempts from attachment:
athe entire salary of a judgment-debtor in Government service
ball immovable property of the judgment-debtor
cmoney standing to the credit of the judgment-debtor in a bank
dthe necessary wearing apparel, cooking vessels and tools of artisans of the judgment-debtor
Answer: D
The proviso to Section 60 CPC exempts certain particulars from attachment, including necessary wearing apparel, cooking vessels, beds, and tools of artisans, among others. These are protected as basic necessities of the judgment-debtor.
An appeal from a decree passed in a first appeal by a subordinate court lies to the High Court under Section 100 of the Code of Civil Procedure, 1908 only:
aif the value of the subject matter exceeds rupees one lakh
bwith the prior leave of the Supreme Court
cas a matter of absolute right on questions of fact and law alike
dif the case involves a substantial question of law
Answer: D
Section 100 CPC provides that a second appeal lies to the High Court from an appellate decree only where the High Court is satisfied that the case involves a substantial question of law, which must be precisely stated and framed.
Under Section 115 of the Code of Civil Procedure, 1908, the High Court exercising revisional jurisdiction:
ashall not vary or reverse any decree or order against which an appeal lies to the High Court or to a court subordinate thereto
bcan interfere only with decrees and never with interlocutory orders
cmay vary or reverse any decree or order against which an appeal lies
dmay re-appreciate the entire evidence on record like an appellate court
Answer: A
The proviso to Section 115 CPC bars the High Court from varying or reversing, in revision, any decree or order against which an appeal lies either to the High Court or to a subordinate court. Revision corrects jurisdictional error, not errors of fact or law on merits.
Under Section 148 of the Code of Civil Procedure, 1908 (as amended in 1999), where a period is fixed or granted by the court for the doing of any act, the court may enlarge such period not exceeding in total:
athirty days
bfifteen days
csixty days
dninety days
Answer: A
After the 1999 amendment, Section 148 CPC permits enlargement of a court-fixed period up to a maximum of thirty days in total, even though the application is made after expiry of the period originally fixed.
A plaint shall be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908 in which of the following situations?
aWhere the plaintiff resides outside the territorial jurisdiction of the court
bWhere the suit is contested by more than one defendant
cWhere the defendant fails to appear on the first hearing
dWhere the plaint does not disclose a cause of action
Answer: D
Order VII Rule 11 CPC mandates rejection of a plaint, inter alia, where it does not disclose a cause of action, where the relief is undervalued or insufficiently stamped and not corrected within time, or where the suit appears from the plaint to be barred by any law.
Under Order VIII Rule 1 of the Code of Civil Procedure, 1908, the defendant shall ordinarily present a written statement of his defence within:
aone hundred and twenty days without exception
bthirty days from the date of service of summons, extendable for reasons to be recorded but not later than ninety days
csixty days from the date of institution of the suit
dfifteen days from the date of service of summons
Answer: B
Order VIII Rule 1 CPC requires the defendant to file the written statement within thirty days of service of summons; the court may extend the time for recorded reasons, but in ordinary suits not beyond ninety days from the date of service.
Attachment before judgment of the defendant's property may be ordered by the court under the Code of Civil Procedure, 1908 under:
aOrder XXXVIII Rule 5
bOrder XL Rule 1
cOrder XXI Rule 54
dOrder XXXIX Rule 1
Answer: A
Order XXXVIII Rule 5 CPC empowers the court, where the defendant is about to dispose of or remove property to obstruct or delay execution of any decree, to direct him to furnish security or to attach the property before judgment.
Where a decree is passed ex parte against a defendant, the remedy of applying to set aside the ex parte decree is available under the Code of Civil Procedure, 1908 under:
aOrder XVII Rule 3
bOrder IX Rule 13
cOrder IX Rule 9
dOrder IX Rule 6
Answer: B
Order IX Rule 13 CPC allows a defendant against whom an ex parte decree is passed to apply for setting it aside on showing that summons was not duly served or that he was prevented by sufficient cause from appearing. (Order IX Rule 9 deals with dismissal of suit for plaintiff's default.)
Where a court has passed a decree and that decree is subsequently varied or reversed in appeal, the party entitled to the benefit of restitution may apply to the court of first instance under the Code of Civil Procedure, 1908 under:
aSection 151
bSection 96
cSection 144
dSection 47
Answer: C
Section 144 CPC embodies the doctrine of restitution: where a decree is varied or reversed, the court of first instance shall, on application, cause restitution to be made so as to place the parties in the position they would have occupied but for the decree.
A plaintiff who wishes to withdraw from a suit with liberty to institute a fresh suit on the same subject matter must obtain the permission of the court under the Code of Civil Procedure, 1908 under:
aOrder VI Rule 17
bOrder XXIII Rule 1
cOrder XXII Rule 4
dOrder I Rule 10
Answer: B
Order XXIII Rule 1 CPC governs withdrawal and adjustment of suits; the court may, on satisfaction that the suit must fail by reason of a formal defect or that there are sufficient grounds, grant the plaintiff liberty to withdraw with permission to file a fresh suit on the same subject matter.
Under Section 9 of the Code of Civil Procedure, 1908, the Civil Courts have jurisdiction to try all suits of a civil nature EXCEPT those:
awhich involve a question of title to immovable property
bwhich can also be tried by a revenue court
cof which their cognizance is either expressly or impliedly barred
din which the valuation exceeds the pecuniary limit of the court
Answer: C
Section 9 CPC vests Civil Courts with jurisdiction over all suits of a civil nature, save those whose cognizance is expressly or impliedly barred. The explanation clarifies that a suit involving questions of religious office or property remains of a civil nature.
Which Court is competent to transfer a suit, appeal or other proceeding pending before it to any subordinate court, or to withdraw and transfer such proceeding under Section 24 of the Code of Civil Procedure, 1908?
aOnly the High Court
bOnly the Supreme Court
cThe High Court or the District Court
dOnly the District Court
Answer: C
Section 24 CPC confers general power of transfer and withdrawal of suits, appeals or other proceedings on both the High Court and the District Court, exercisable on application of a party or suo motu.
Under Section 80(1) of the Code of Civil Procedure, 1908, the general period of notice required before instituting a suit against the Government is:
athree months
btwo months
csix weeks
done month
Answer: B
Section 80(1) CPC requires two months' prior written notice before a suit is instituted against the Government or a public officer in respect of an act purporting to be done in official capacity. Section 80(2) permits, with leave of the court, a suit for urgent or immediate relief without such notice.
Section 89 of the Code of Civil Procedure, 1908 empowers the court to refer a dispute, where elements of a settlement exist, to all of the following modes of dispute resolution EXCEPT:
aarbitration
ba court-appointed commission for local investigation
cconciliation
djudicial settlement including Lok Adalat
Answer: B
Section 89 CPC permits reference of disputes to arbitration, conciliation, judicial settlement including settlement through Lok Adalat, or mediation. A commission for local investigation falls under Section 75 read with Order XXVI and is not a mode of settlement under Section 89.
An appeal from an original decree (first appeal) under Section 96 of the Code of Civil Procedure, 1908 does NOT lie:
awhere the value of the subject-matter exceeds a fixed amount
bfrom a decree passed with the consent of parties
cfrom a preliminary decree
dfrom a decree passed ex parte
Answer: B
Section 96(3) CPC bars an appeal from a decree passed with the consent of the parties. By contrast, Section 96(2) expressly permits an appeal from an ex parte decree.
The substantive right of review of its own decree or order by a court is conferred by which provision of the Code of Civil Procedure, 1908?
aOrder XLVII Rule 1
bSection 114
cSection 115
dSection 113
Answer: B
Section 114 CPC confers the substantive right of review, while the procedure for review is governed by Order XLVII. Section 113 deals with reference to the High Court and Section 115 with revision.
The revisional jurisdiction of the High Court under Section 115 of the Code of Civil Procedure, 1908 may be exercised in respect of a case decided by a subordinate court where such court appears to have:
apassed a decree appealable to the High Court
bwrongly appreciated documentary evidence
cmerely committed an error of fact
dexercised a jurisdiction not vested in it by law
Answer: D
Section 115 CPC allows the High Court to interfere where the subordinate court exercised a jurisdiction not vested in it, failed to exercise jurisdiction so vested, or acted illegally or with material irregularity in exercise of its jurisdiction. It does not lie against mere errors of fact or law.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the relevancy of facts which show or constitute a motive or preparation for any fact in issue, as well as the previous or subsequent conduct of any party, is provided under:
aSection 7
bSection 6
cSection 5
dSection 4
Answer: B
Section 6 of the Bharatiya Sakshya Adhiniyam, 2023 (corresponding to Section 8 of the Indian Evidence Act, 1872) makes facts relevant which show or constitute a motive or preparation for any fact in issue or relevant fact, and also the previous or subsequent conduct of any party or his agent.
A confession made to a police officer cannot be proved as against a person accused of any offence. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this bar is contained in:
aSection 23
bSection 22
cSection 24
dSection 26
Answer: A
Section 23(1) of the BSA, 2023 (corresponding to 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.
When a fact is deposed to as discovered in consequence of information received from an accused person in the custody of a police officer, so much of such information as relates distinctly to the fact thereby discovered may be proved. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this provision is found in:
aSection 24
bSection 22
cSection 26
dSection 23
Answer: D
The proviso to Section 23(2) of the BSA, 2023 (corresponding to old Section 27 of the Indian Evidence Act, 1872) operates as an exception and permits proof of so much of the information received from an accused in police custody as relates distinctly to the fact thereby discovered, whether or not it amounts to a confession.
A confession made by an accused person is irrelevant in a criminal proceeding if the making of it appears to have been caused by any inducement, threat, coercion or promise proceeding from a person in authority. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this rule is laid down in:
aSection 25
bSection 19
cSection 22
dSection 24
Answer: C
Section 22 of the BSA, 2023 (corresponding to old Section 24 of the Indian Evidence Act, 1872) makes a confession irrelevant in a criminal proceeding where it appears to have been caused by inducement, threat, coercion or promise from a person in authority, giving the accused reasonable grounds to suppose an advantage or avoidance of evil.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), a statement made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death (the dying declaration), is made relevant under:
aSection 26(c)
bSection 26(b)
cSection 26(a)
dSection 27
Answer: C
Clause (a) of Section 26 of the Bharatiya Sakshya Adhiniyam, 2023 (corresponding to Section 32(1) of the Indian Evidence Act, 1872) makes relevant a statement by a person, since deceased, as to the cause of his death or the circumstances of the transaction resulting in his death; such expectation of death need not be present.
When the Court has to form an opinion upon a point of foreign law, or of science or art, or as to identity of handwriting or finger impressions, the opinions of persons specially skilled in such matters are relevant. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this is provided under:
aSection 45
bSection 41
cSection 39
dSection 55
Answer: C
Section 39 of the Bharatiya Sakshya Adhiniyam, 2023 (corresponding to Section 45 of the Indian Evidence Act, 1872) makes relevant the opinions of experts on foreign law, science or art, and the identity of handwriting or finger impressions; such persons are called experts.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), oral evidence must, in all cases whatever, be:
aon oath only
bdirect
ccorroborated
dreduced to writing
Answer: B
Section 55 of the Bharatiya Sakshya Adhiniyam, 2023 requires that oral evidence must in all cases whatever be direct, meaning the witness must speak of a fact which he himself saw, heard or otherwise perceived.
When a person is accused of an offence, the burden of proving the existence of circumstances bringing the case within any of the General Exceptions in the Bharatiya Nyaya Sanhita, 2023 is upon him, and the Court shall presume the absence of such circumstances. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this is laid down in:
aSection 108
bSection 104
cSection 109
dSection 106
Answer: A
Section 108 of the Bharatiya Sakshya Adhiniyam, 2023 places upon the accused the burden of proving circumstances bringing his case within a General Exception (or special exception or proviso), and the Court shall presume the absence of such circumstances.
"Whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist." Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this statement of the general rule as to burden of proof is contained in:
aSection 107
bSection 104
cSection 119
dSection 105
Answer: B
Section 104 of the Bharatiya Sakshya Adhiniyam, 2023 lays down the general rule that the burden of proof lies on the person who desires the Court to give judgment as to a right or liability dependent on facts which he asserts.
Which section of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) enables the 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, human conduct and public and private business?
aSection 119
bSection 121
cSection 2
dSection 117
Answer: A
Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 provides that the Court 'may presume' the existence of any fact which it thinks likely to have happened, having regard to the common course of natural events, human conduct, and public and private business.
Under Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), all persons are competent to testify unless the Court considers that they are prevented from understanding the questions or giving rational answers by reason of:
abeing related to a party
btheir interest in the result of the suit
ctender years, extreme old age, disease of body or mind, or any other cause of the same kind
dbeing a party to the proceeding
Answer: C
Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 makes all persons competent to testify unless prevented from understanding the questions or giving rational answers by tender years, extreme old age, disease of body or mind, or any other cause of the same kind.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for voluntarily causing grievous hurt (Section 117) may extend to imprisonment of:
aseven years
bone year
cten years
dthree years
Answer: A
Section 117 BNS punishes voluntarily causing grievous hurt with imprisonment of either description for a term which may extend to seven years, and also fine.
A makes a gesture intending that Z shall apprehend that A is about to use criminal force to him. Under the Bharatiya Nyaya Sanhita, 2023, A has committed:
acriminal intimidation under Section 351
bcriminal force under Section 129
cassault under Section 130
daffray under Section 194
Answer: C
Section 130 BNS defines assault as making a gesture or preparation intending or knowing it likely to cause apprehension of the use of criminal force.
Under the Bharatiya Nyaya Sanhita, 2023, the offence relating to acts endangering the sovereignty, unity and integrity of India is contained in:
aSection 197
bSection 147
cSection 150
dSection 152
Answer: D
Section 152 BNS penalises acts endangering the sovereignty, unity and integrity of India, replacing the erstwhile offence of sedition under Section 124A IPC.
Under the Bharatiya Nyaya Sanhita, 2023, which section corresponds to acts done by several persons in furtherance of common intention (formerly Section 34 IPC)?
aSection 61
bSection 3(6)
cSection 3(5)
dSection 4
Answer: C
The principle of common intention, formerly Section 34 IPC, is now found in Section 3(5) BNS.
Under the Bharatiya Nyaya Sanhita, 2023, the newly codified offence of 'organised crime' committed by a member of an organised crime syndicate is contained in:
aSection 117
bSection 109
cSection 113
dSection 111
Answer: D
Section 111 BNS introduces 'organised crime' as a distinct offence; Section 113 separately deals with terrorist acts.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for murder is prescribed by:
aSection 302
bSection 105
cSection 103
dSection 101
Answer: C
Murder is defined in Section 101 BNS, while the punishment for murder (death or imprisonment for life, and fine) is laid down in Section 103 BNS, replacing the erstwhile Section 302 IPC.
A, intending to commit theft, suddenly and forcibly grabs a mobile phone from B's hand and runs away, without using any other force on B. Under the Bharatiya Nyaya Sanhita, 2023, this distinct offence and its governing section is:
aTheft under Section 303
bRobbery under Section 309
cSnatching under Section 304
dExtortion under Section 308
Answer: C
Section 304 BNS introduces 'snatching' as a new, distinct offence where theft is committed by suddenly, quickly or forcibly seizing movable property, punishable with imprisonment up to three years and fine.
Under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the process of conducting search and seizure, including preparation of the list of seized items, is required to be:
aattested only by two independent witnesses, with no recording
brecorded through audio-video electronic means, preferably mobile phone, and forwarded to the Magistrate
crecorded only if the seized property exceeds rupees fifty thousand in value
dcarried out solely in the presence of the Superintendent of Police
Answer: B
Section 105 BNSS mandates that search and seizure, including the list of seized items, be recorded through audio-video electronic means (preferably mobile phone) and forwarded to the District/Sub-divisional/Judicial Magistrate of the first class.
The recording of confessions and statements by a Magistrate, formerly governed by Section 164 of the Code of Criminal Procedure, 1973, is now provided for under which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 180
bSection 164
cSection 196
dSection 183
Answer: D
Section 183 BNSS corresponds to the old Section 164 CrPC and deals with the recording of confessions and statements by a Magistrate.
Under Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, it is mandatory for a forensic expert to visit the crime scene and collect forensic evidence where the offence is punishable with imprisonment for a term of:
aseven years or more
bthree years or more
cfive years or more
dten years or more
Answer: A
Section 176(3) BNSS makes it mandatory for a forensic expert to visit the scene of crime and collect evidence where the offence is punishable with imprisonment for seven years or more.
Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023 introduces a provision absent from the Code of Criminal Procedure, 1973, enabling the court to:
aaward the death sentence without confirmation
bconduct trial in absentia of a proclaimed offender who has absconded to evade trial
ctransfer any case suo motu to the High Court
ddispense with framing of a charge in warrant cases
Answer: B
Section 356 BNSS introduces trial in absentia, allowing the court to proceed with the trial of a proclaimed offender who has absconded and against whom there is no immediate prospect of arrest.
Under the proviso to Section 346 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where circumstances are beyond the control of a party, the maximum number of adjournments that may be granted to that party is:
atwo
bone
cunlimited, at the discretion of the court
dthree
Answer: A
Section 346 BNSS limits the number of adjournments to not more than two per party, granted after hearing objections of the other party and for reasons recorded in writing.
Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which has no direct equivalent in the Code of Criminal Procedure, 1973, deals with:
athe procedure for mercy petitions in cases where a sentence of death has been passed
bthe power to grant pardon to an accomplice
ccompounding of offences
dthe procedure for plea bargaining
Answer: A
Section 472 BNSS lays down the statutory procedure and timelines for filing and disposal of mercy petitions in death sentence cases, a provision newly introduced by the BNSS.
Under the first proviso to Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a first-time offender (with no previous conviction) is entitled to be released on bond by the court once he has undergone detention up to:
aone-third of the maximum period of imprisonment specified for the offence
bone-half of the maximum period of imprisonment specified for the offence
cone-fourth of the maximum period of imprisonment specified for the offence
dthe entire maximum period of imprisonment specified for the offence
Answer: A
The proviso to Section 479 BNSS provides that a first-time offender who has undergone detention for up to one-third of the maximum period of imprisonment for the offence shall be released on bond by the court.
Where further investigation is carried out after filing of the police report under Section 193(9) of the Bharatiya Nagarik Suraksha Sanhita, 2023, such further investigation shall ordinarily be completed within:
aone hundred and eighty days
bthirty days
csixty days
dninety days
Answer: D
Section 193(9) BNSS provides that further investigation after filing of the charge sheet shall be completed within ninety days, extendable only with the permission of the court.
Where a police officer in charge of a police station refuses to register information disclosing a cognizable offence under Section 173 BNSS, the aggrieved person may, under Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023, send the substance of such information to:
athe Superintendent of Police concerned
bthe National Human Rights Commission
cthe Director General of Police
dthe State Government
Answer: A
On refusal to register information, the aggrieved person may send the substance in writing and by post to the Superintendent of Police, who, if satisfied a cognizable offence is disclosed, shall investigate or direct investigation.
An agreement made on account of natural love and affection between parties standing in a near relation to each other is enforceable without consideration under Section 25 only if it is:
amade before two witnesses
boral but acted upon
cexpressed in writing and registered under the law for the registration of documents
dattested by a notary
Answer: C
Section 25(1) requires that such an agreement be expressed in writing and registered under the law for the time being in force for the registration of documents.
P agrees to sell his entire stock to Q on condition that Q shall never carry on any business of the same kind anywhere in India for the rest of his life. As per Section 27 of the Indian Contract Act, 1872, this restraint is:
avalid, as it falls within the goodwill exception
bvoidable at the option of Q
cvalid, as it was freely agreed
dto that extent void, being an agreement in restraint of trade
Answer: D
Section 27 declares every agreement that restrains a person from exercising a lawful trade or business void to that extent; the goodwill exception applies only when the seller of goodwill is restrained within reasonable local limits.
A contracts to deliver goods to B on a future date, but before that date a change in law makes the delivery of those goods unlawful. Under Section 56 of the Indian Contract Act, 1872, the contract:
abecomes voidable at B's option
bis void ab initio
cremains binding and A must pay damages
dbecomes void when the act becomes unlawful
Answer: D
Under Section 56, a contract to do an act which after the contract is made becomes unlawful, by reason of an event the promisor could not prevent, becomes void when the act becomes unlawful.
When an agreement is discovered to be void, or a contract becomes void, a person who has received an advantage under it is, under Section 65 of the Indian Contract Act, 1872, bound to:
aretain it if received in good faith
brestore it only if the other party sues within one year
crestore it, or make compensation for it, to the person from whom he received it
dforfeit it to the State
Answer: C
Section 65 obliges a person who has received any advantage under a void agreement or a contract that becomes void to restore the advantage or make compensation for it, to prevent unjust enrichment.
In a suit for damages for breach of contract where a sum is named in the contract as the amount to be paid on breach, Section 74 of the Indian Contract Act, 1872 entitles the aggrieved party to:
adouble the named sum where the breach is wilful
breasonable compensation not exceeding the named sum, whether or not actual loss is proved
cthe whole named sum automatically as a debt
dcompensation only on proof of actual loss
Answer: B
Section 74 allows reasonable compensation not exceeding the amount named or the penalty stipulated, and the aggrieved party need not prove actual loss to claim it.
Which of the following correctly distinguishes a contract of guarantee from a contract of indemnity under the Indian Contract Act, 1872?
aA contract of guarantee has two parties, while indemnity has three
bA contract of indemnity has three parties, while guarantee has two
cBoth require exactly three parties
dA contract of guarantee has three parties—creditor, principal debtor and surety—while indemnity has two parties
Answer: D
Section 126 contemplates three parties—creditor, principal debtor and surety—whereas a contract of indemnity under Section 124 involves only two parties, the indemnifier and the indemnified.
The period of limitation prescribed by Article 137 of the Schedule to the Limitation Act, 1963 (the residuary article for applications for which no period is provided elsewhere) is:
atwelve years from the date the right to apply accrues
bthree years from the date the right to apply accrues
cninety days from the date of the order
dthirty days from the date of the order
Answer: B
Article 137 prescribes three years from the date the right to apply accrues for any application for which no period of limitation is provided elsewhere in the Schedule.
Under Article 123 of the Schedule to the Limitation Act, 1963, the period of limitation for an application to set aside an ex parte decree is:
asixty days from the date of knowledge of the decree
bthree years from the date of the decree
cthirty days from the date of the decree, or where summons was not duly served, from the date of knowledge of the decree
dninety days from the date of the decree in all cases
Answer: C
Article 123 prescribes thirty days, running from the date of the decree or, where the summons was not duly served, from when the applicant had knowledge of the decree.
An easement of light and air has been peaceably and openly enjoyed as an easement, and as of right, without interruption. Under Section 25 of the Limitation Act, 1963, the right is acquired by such enjoyment for:
athirty years (and sixty years where the property belongs to the Government)
btwenty years (and thirty years where the property belongs to the Government)
ctwelve years (and thirty years where the property belongs to the Government)
dtwenty years in all cases, including against the Government
Answer: B
Section 25 vests the easement on enjoyment as of right for twenty years; where the servient property belongs to the Government, the period is thirty years.
In computing the period of limitation for an appeal or an application for leave to appeal or for revision/review, Section 12(2) of the Limitation Act, 1963 directs the court to exclude:
athe period of any vacation of the court
bthe time spent in obtaining legal aid
cthe time taken to engage an advocate
dthe day on which the judgment was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from
Answer: D
Section 12(2) excludes the day on which the judgment was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from (and Section 12(1) excludes the day from which the period is reckoned).
Which of the following statements regarding the scheme of the Limitation Act, 1963 is INCORRECT?
aSection 27 is an exception under which the right to property may itself be extinguished
bAn acknowledgment under Section 18 must be made before the expiry of the prescribed period to start a fresh period of limitation
cAs a general rule, the Act bars the remedy but does not extinguish the right
dOnce time has begun to run, a subsequent disability or inability to sue stops it from running
Answer: D
Under Section 9, where time has once begun to run, no subsequent disability or inability to institute a suit stops it; the other three statements correctly state the Act's scheme.
Where the person who commits an offence under Section 138 is a company, who is made liable along with the company under Section 141 of the Negotiable Instruments Act, 1881?
aOnly the managing director, in every case
bEvery shareholder holding more than ten per cent of the shares
cEvery person who, at the time the offence was committed, was in charge of and responsible to the company for the conduct of its business
dOnly the company secretary and the auditor
Answer: C
Section 141 deems liable every person who, at the time of the offence, was in charge of and responsible to the company for the conduct of its business, subject to the due-diligence/no-knowledge defence in the proviso.
Section 118(a) of the Negotiable Instruments Act, 1881 contains a presumption that:
athe holder is not a holder in due course
bevery cheque is post-dated
cevery endorsement is forged unless proved otherwise
devery negotiable instrument was made or drawn for consideration
Answer: D
Section 118(a) presumes, until the contrary is proved, that every negotiable instrument was made, drawn, accepted, endorsed or transferred for consideration.
Under Section 147 of the Negotiable Instruments Act, 1881, every offence punishable under the Act is:
acompoundable
bnon-compoundable
ccompoundable only with the leave of the High Court
dcognizable and non-bailable
Answer: A
Section 147, a non-obstante provision overriding the CrPC/BNSS, declares every offence punishable under the Negotiable Instruments Act to be compoundable.
Under Section 143A of the Negotiable Instruments Act, 1881, at what stage may the court order interim compensation in a summary trial or summons case?
aOnly after the accused is convicted
bAt the stage of issuing process, before the accused appears
cWhere the drawer pleads not guilty to the accusation made in the complaint
dOnly at the final hearing of arguments
Answer: C
Section 143A(1)(a) permits interim compensation in a summary or summons trial where the drawer pleads not guilty; in other cases it is ordered upon framing of charge.
Under Section 138 of the Negotiable Instruments Act, 1881, for the offence to be attracted the cheque must be presented to the bank within:
athree months from the date it is drawn, or the period of its validity, whichever is earlier
bone year from the date it is drawn
csix months from the date it is drawn, or the period of its validity, whichever is earlier
dthirty days from the date it is drawn
Answer: C
Clause (a) of the proviso to Section 138 requires presentation within six months from the date the cheque is drawn or within its period of validity, whichever is earlier (RBI has since reduced cheque validity to three months, but the statutory outer limit in Section 138 remains six months).
A fraudulently represents to B that he is authorised to sell field X, which in fact belongs to A's father, and sells it to B for consideration. The father later dies and field X devolves on A as heir. The contract of sale subsists. Under Section 43 of the Transfer of Property Act, 1882:
aB can compel A to deliver field X, as the subsequently acquired interest feeds the earlier transfer
bthe sale is wholly void and B has no remedy except damages
cB must re-execute a fresh sale deed with A after the father's death
dthe doctrine does not apply because the representation was fraudulent
Answer: A
Section 43 (feeding the grant by estoppel) allows the transferee, at his option, to enforce the transfer on any interest the transferor subsequently acquires in the property, so long as the contract of transfer subsists.
While a suit in which the right to a parcel of immovable property is directly and specifically in question is pending and not collusive, the defendant sells the suit property to a stranger without the court's leave. Under Section 52 of the Transfer of Property Act, 1882, the transfer:
ais valid but does not affect the rights of the other party under any decree that may be made in the suit
bis void ab initio and confers no title whatsoever
ccan be made only with the consent of the Advocate General
dis valid and binds the plaintiff fully
Answer: A
Section 52 embodies the doctrine of lis pendens: a pendente lite transfer is not void, but it cannot affect the rights of the other party to the suit under any decree or order made therein, except under the authority of the court.
Under a written and signed agreement to sell immovable property, P puts Q in possession of the land; Q is willing to perform his part and does acts in furtherance of the contract, but the agreement, though required to be registered, remains unregistered. P sues to evict Q. Under Section 53A of the Transfer of Property Act, 1882, P is:
aentitled to a perpetual injunction against Q
bentitled to evict Q only after refunding the consideration
centitled to evict Q as the unregistered agreement passes no title
ddebarred from enforcing against Q any right in respect of the property other than a right expressly provided by the contract
Answer: D
Section 53A (doctrine of part performance) bars the transferor and those claiming under him from enforcing against the transferee in possession any right in the property other than one expressly provided by the contract, despite non-registration.
Tangible immovable property worth Rs. 5,00,000 is sought to be sold. As per Section 54 of the Transfer of Property Act, 1882, such a sale can be made:
aby an oral agreement accompanied by delivery of possession
bby an unregistered instrument attested by two witnesses
conly by a registered instrument
deither by a registered instrument or by mere delivery of the property
Answer: C
Under Section 54, sale of tangible immovable property of the value of one hundred rupees and upwards can be made only by a registered instrument; only property below Rs. 100 may be transferred by registered instrument or by delivery.
Article 44 of the Constitution of India, which directs the State to endeavour to secure a uniform civil code for the citizens throughout the territory of India, is found in which Part of the Constitution?
aPart IV — Directive Principles of State Policy
bPart XIV — Services under the Union and States
cPart IVA — Fundamental Duties
dPart III — Fundamental Rights
Answer: A
Article 44 is a Directive Principle of State Policy in Part IV and is not directly enforceable by any court under Article 37.
Under Article 109 read with Article 110 of the Constitution of India, after a Money Bill is transmitted to the Rajya Sabha, within what period must the Rajya Sabha return it with its recommendations, failing which it is deemed passed by both Houses?
a7 days
b21 days
c30 days
d14 days
Answer: D
The Rajya Sabha must return a Money Bill within 14 days with its recommendations, which the Lok Sabha may accept or reject; if not returned in time it is deemed passed by both Houses.
Under Article 61 of the Constitution of India, a resolution to prefer a charge for impeachment of the President must be passed by a majority of not less than what proportion of the total membership of the House?
aSimple majority of members present and voting
bTwo-thirds of the total membership of the House
cAbsolute majority of the total membership of the House
dThree-fourths of the members present and voting
Answer: B
Article 61 requires the impeachment resolution, after 14 days' notice signed by not less than one-fourth of the members, to be passed by a majority of not less than two-thirds of the total membership of the House.
Under Article 124(2) and Article 217(1) of the Constitution of India, what are the respective ages of retirement of a Judge of the Supreme Court and a Judge of a High Court?
a65 years and 62 years
b65 years and 65 years
c62 years and 60 years
d60 years and 58 years
Answer: A
A Supreme Court Judge holds office until 65 years (Article 124(2)); a High Court Judge until 62 years (Article 217(1)), the latter raised from 60 by the Fifteenth Amendment, 1963.
Under Section 32(2) of the Protection of Women from Domestic Violence Act, 2005, on what basis may the court conclude that an offence of breach of a protection order under Section 31(1) has been committed?
aOnly on corroborated testimony of two independent witnesses
bUpon the sole testimony of the aggrieved person
cOnly on the domestic incident report of the Protection Officer
dOnly after a fresh investigation by the police
Answer: B
Section 32(2) expressly provides that upon the sole testimony of the aggrieved person, the court may conclude that an offence under Section 31(1) has been committed by the accused.
Under Section 19(1) of the Protection of Women from Domestic Violence Act, 2005, which residence order can the Magistrate NOT pass against a respondent who is a woman?
aAn order restraining her from entering a portion of the shared household where the aggrieved person resides
bAn order restraining her from alienating or encumbering the shared household
cAn order directing her to remove herself from the shared household
dAn order restraining her from dispossessing the aggrieved person from the shared household
Answer: C
The proviso to Section 19(1) bars passing an order under clause (b)—directing removal from the shared household—against any person who is a woman; the other restraining orders may still be passed.
Which of the following is expressly included within the meaning of "economic abuse" under Explanation I to Section 3 of the Protection of Women from Domestic Violence Act, 2005?
aInsults and ridicule with regard to not having a male child
bConduct of a sexual nature that humiliates or degrades the dignity of a woman
cProhibition or restriction to continued access to resources or facilities the aggrieved person is entitled to use by virtue of the domestic relationship
dAssault, criminal intimidation and criminal force
Answer: C
Under Explanation I(iv) to Section 3, economic abuse includes prohibition or restriction of continued access to resources or facilities the aggrieved person is entitled to use; option (a) is verbal/emotional abuse, (b) is sexual abuse and (d) is physical abuse.
An aggrieved woman wishes to challenge an order passed by the Magistrate under the Protection of Women from Domestic Violence Act, 2005. Under Section 29, an appeal lies to which forum and within what period?
aTo the District Magistrate within ninety days of the order
bTo the Court of Session within thirty days from the date the order is passed
cTo the High Court within sixty days of the order
dTo the Court of Session within thirty days from the date on which the order is served on the aggrieved person or the respondent, whichever is later
Answer: D
Section 29 provides an appeal to the Court of Session within thirty days from the date on which the order is served on the aggrieved person or the respondent, whichever is later.
Under the Specific Relief Act, 1963, compensation for breach of contract awarded in addition to, or in substitution for, specific performance is governed by:
aSection 25
bSection 19
cSection 23
dSection 21
Answer: D
Section 21 empowers the court, in a suit for specific performance, to award compensation either in addition to or in substitution for such performance; however, compensation cannot be awarded unless the plaintiff has claimed it in the plaint (subject to amendment).
A executes a sale deed in favour of B by mistake describing a larger extent of land than agreed. The appropriate relief for A under the Specific Relief Act, 1963 is:
aA declaratory decree under Section 34
bRescission of the contract under Section 27
cCancellation of the instrument under Section 31
dRectification of the instrument under Section 26
Answer: D
Section 26 provides for rectification of instruments where, through fraud or mutual mistake, an instrument does not express the real intention of the parties; the court may rectify it to reflect that intention.
Under Section 31 of the Specific Relief Act, 1963, a person against whom a written instrument is void or voidable may sue to have it adjudged void or cancelled where:
aThe instrument relates only to movable property
bThe other party consents in writing
cHe has reasonable apprehension that the instrument, if left outstanding, may cause him serious injury
dThe instrument has already been registered
Answer: C
Section 31 allows a person against whom a written instrument is void or voidable, who has reasonable apprehension that it may cause him serious injury if left outstanding, to sue to have it adjudged void or voidable and ordered to be delivered up and cancelled.
Where, after a preliminary assessment under Section 15, the Board passes an order under Section 18(3) of the JJ Act, 2015, the child is:
areleased forthwith on probation
bsent to a special home for a fixed period of three years
ctransferred to the Children's Court having jurisdiction to try such offences
dcommitted to the Child Welfare Committee
Answer: C
Under Section 18(3), if the Board after preliminary assessment finds that the child of sixteen years or above should be tried as an adult, it may transfer the trial of the case to the Children's Court having jurisdiction.
A child who is found to be homeless, abandoned, abused or exploited falls within the category of a "child in need of care and protection" under which provision of the JJ Act, 2015?
aSection 2(54)
bSection 2(14)
cSection 2(33)
dSection 2(13)
Answer: B
Section 2(14) defines a "child in need of care and protection" to include children who are homeless, found working in contravention of labour laws, abused, exploited or otherwise vulnerable, whereas Section 2(13) defines a child in conflict with law.
Under Section 24 of the JJ Act, 2015, a child who has committed an offence and has been dealt with under the Act:
ashall suffer the disqualification attached to conviction, like any other offender
bmay suffer disqualification only in case of a heinous offence
cshall always have the relevant records preserved permanently
dshall not suffer any disqualification, if any, attached to a conviction of an offence under any law
Answer: D
Section 24(1) removes the disqualification attaching to a conviction; a child dealt with under the Act shall not suffer any disqualification attached to a conviction under any law, subject to the exception for a child above sixteen tried as an adult for a heinous offence.
As a general rule under Section 14 of the Hindu Marriage Act, 1955, no court shall entertain a petition for dissolution of marriage by a decree of divorce unless, at the date of presentation of the petition:
athree years have elapsed since the date of marriage
btwo years have elapsed since the date of marriage
cone year has elapsed since the date of marriage
dsix months have elapsed since the date of marriage
Answer: C
Section 14 bars a divorce petition unless one year has elapsed since the date of marriage, subject to leave of the court in cases of exceptional hardship or depravity.
Section 17 of the Hindu Marriage Act, 1955 provides that for the punishment of bigamy, the provisions of which sections of the Indian Penal Code, 1860 shall apply?
aSections 494 and 495
bSections 375 and 376
cSections 498A and 304B
dSections 415 and 420
Answer: A
Section 17 makes a bigamous marriage void and attracts Sections 494 and 495 of the Indian Penal Code, 1860.
A Hindu female dies intestate leaving property that she had inherited from her father. She has no son, daughter, or children of any predeceased son or daughter, but her husband is alive. As per Section 15(2)(a) of the Hindu Succession Act, 1956, upon whom shall such property devolve?
aUpon the husband
bUpon the heirs of the father
cUpon the mother of the deceased female
dUpon the heirs of the husband
Answer: B
Section 15(2)(a) carves out a source-based exception: property inherited by a female Hindu from her father or mother devolves, in the absence of any son or daughter (including children of a predeceased son or daughter), upon the heirs of the father, not upon the husband or the general order in Section 15(1).
Under the Hindu Succession Act, 1956, which of the following relations is NOT enumerated as an heir in Class I of the Schedule?
aFather
bWidow of a predeceased son
cMother
dDaughter of a predeceased daughter
Answer: A
The father of an intestate Hindu male is not a Class I heir; he is placed in Entry I of Class II of the Schedule. The mother, however, is a Class I heir, as are the widow and daughter of a predeceased daughter.
Where, owing to urgent necessity or unavoidable accident, a document is not presented for registration within the time prescribed under Section 23, the Registrar may, under Section 25 of the Registration Act, 1908, direct its acceptance on payment of a fine not exceeding:
athe amount of the proper registration fee
bfive times the amount of the proper registration fee
ctwice the amount of the proper registration fee
dten times the amount of the proper registration fee
Answer: D
Under Section 25, the Registrar may permit registration where delay (not exceeding four months) is due to urgent necessity or unavoidable accident, on payment of a fine not exceeding ten times the amount of the proper registration fee.
Under Section 28 of the Registration Act, 1908, a non-testamentary document relating to immovable property shall ordinarily be presented for registration in the office of the Sub-Registrar:
awithin whose sub-district the document was executed
bwithin whose sub-district the whole or some portion of the property is situate
cwithin whose sub-district the executant ordinarily resides
dwithin whose sub-district the claimant ordinarily resides
Answer: B
Section 28 requires that documents relating to immovable property be presented for registration in the office of the Sub-Registrar within whose sub-district the whole or some portion of the property to which the document relates is situate.
Under Section 11 of the Telangana Land Encroachment Act, 1905, an appeal against a decision or order under the Act must ordinarily be brought within:
asixty days from the date of the decision or order
bsix months from the date of the decision or order
cthirty days from the date of the decision or order
dninety days from the date of the decision or order
Answer: A
Section 11 prescribes a sixty-day limitation for appeals (excluding time taken to obtain a copy), with power to admit a belated appeal on sufficient cause; the appellate hierarchy itself is laid down in Section 10.
Which offences are made non-bailable by Section 60-A of the Telangana Excise Act, 1968?
aOnly offences relating to tapping of excise trees under Section 40
bOnly offences under Section 41
cOffences punishable under sub-item (ii) of item (1) of Section 34, or Section 37, or Section 37-A
dAll offences punishable under the Act
Answer: C
Section 60-A declares the offences punishable under sub-item (ii) of item (1) of Section 34 or Section 37 or Section 37-A to be non-bailable, attracting the CrPC provisions on non-bailable offences.
On a charge under Section 3 or Section 4 of the Telangana Gaming Act, 1974, the effect of Section 3(2) is that, in order to convict a person for keeping or using a common gaming house, it is:
anecessary that the police officer actually saw the gaming take place
bnot necessary to prove that any person found therein was gaming for money, wager, bet or stake
cnecessary to prove that the accused personally gained profit from the gaming
dnecessary to prove that some person found therein was actually gaming for money, wager, bet or stake
Answer: B
Section 3(2) provides that to convict for opening, keeping, using or managing a common gaming house, it is not necessary to prove that any person found therein was gaming for money, wager, bet or stake.
Under the Civil Rules of Practice, 1990, where a party appears by an agent other than an advocate, the agent must, before making any appearance or application, file in court the power of attorney or written authority together with:
athe original sale deed relating to the suit property
ba certificate from the Bar Council
ca fresh vakalatnama in the prescribed form
dan affidavit that the said authority is still subsisting
Answer: D
Rule 32 (Party appearing by Agent) of the Civil Rules of Practice, 1990 requires the agent to file the power of attorney or written authority, or an authenticated copy, together with an affidavit that the said authority is still subsisting.
Under Section 5 of the Indian Easements Act, 1882, an easement the enjoyment of which can be had only by an act of man, such as a right of way, is classified as a/an:
adiscontinuous easement
bcontinuous easement
capparent easement
dnon-apparent easement
Answer: A
Section 5 defines a discontinuous easement as one that needs the act of man for its enjoyment (e.g. a right of way), as distinguished from a continuous easement whose enjoyment is, or may be, continual without any act of man.
While determining the amount of maintenance payable to a dependant, Section 23 of the Hindu Adoptions and Maintenance Act, 1956 requires the court to have regard to certain factors. Which of the following is NOT among the factors enumerated for maintenance of a wife, children or aged parents under Section 23(2)?
aThe religious denomination to which the claimant belongs
bThe number of persons entitled to maintenance under the Act
cThe position and status of the parties
dThe reasonable wants of the claimant
Answer: A
Section 23(2) lists the position and status of the parties, the reasonable wants of the claimant, justification for living separately, the claimant's own property and income, and the number of persons entitled to maintenance. The claimant's religious denomination is not a listed factor.
Under Section 47-A of the Indian Stamp Act, 1899 (as applicable in Telangana), where the registering officer has reason to believe that the market value of property in an instrument has been understated, he shall:
aimpose a penalty of ten times the duty and register the document
brefer the matter to the Collector for determination of the market value and the proper duty payable
cforward the instrument to the civil court for valuation
drefuse registration altogether
Answer: B
Section 47-A empowers the registering officer, on believing the market value is understated, to refer the instrument to the Collector, who determines the true market value and deficient duty after enquiry and hearing.
Q100Telangana Buildings (Lease, Rent & Eviction) Control Act 1960
Under Section 4 of the Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960, on an application by the tenant or the landlord, the authority empowered to fix the fair rent of a building after holding an inquiry is the:
aCivil Court of competent jurisdiction
bController
cMunicipal Commissioner
dDistrict Registrar
Answer: B
Section 4 empowers the Controller, on the application of the tenant or the landlord, to fix the fair rent of the building after holding such inquiry as he thinks fit, by reference to the prescribed statutory basis.
Law Mock is an independent preparation resource and is not affiliated with any High Court, Public Service Commission, or government body. All exam information is sourced from official notifications and is updated periodically.
