Telangana Judiciary Mock Test 10 — Questions & Solutions
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Where a decree is varied or reversed in appeal, the court of first instance, on the application of any party entitled to benefit, is bound to cause restitution to be made. This power is contained in:
aSection 141
bSection 148
cSection 151
dSection 144
Answer: D
Section 144 CPC embodies the doctrine of restitution, requiring the court which passed the decree to place the parties in the position they would have occupied but for the decree later varied or reversed.
Under Order VII Rule 11 of the Code of Civil Procedure, 1908, a plaint shall be rejected in which of the following situations?
aWhere the defendant has a strong defence on merits
bWhere the plaintiff resides outside the local jurisdiction
cWhere the plaint does not disclose a cause of action
dWhere the suit has been undervalued but valuation cannot be corrected
Answer: C
Order VII Rule 11(a) CPC mandates rejection of a plaint that does not disclose a cause of action. Rejection also follows for undervaluation or insufficient stamp where the plaintiff fails to correct it within the time allowed, but the strength of the defence is irrelevant at that stage.
Where a sole defendant dies and the right to sue survives, but no application to bring the legal representatives on record is made within the period of limitation, the suit, as against the deceased defendant under Order XXII of the Code of Civil Procedure, 1908:
astands automatically transferred to the legal representatives
bshall be dismissed for default
ccontinues against the surviving co-defendants only
dshall abate
Answer: D
Under Order XXII Rule 4 CPC, if no application to implead the legal representatives of a deceased defendant is made within the time limited by law, the suit abates as against the deceased defendant. Abatement may be set aside on sufficient cause under Rule 9.
Order XXXIII of the Code of Civil Procedure, 1908 deals with:
ainterpleader suits
bsuits by or against the Government
csuits relating to public charities
dsuits by indigent persons
Answer: D
Order XXXIII CPC enables an indigent person, who is unable to pay the requisite court fee, to institute a suit without paying such fee, subject to permission of the court after inquiry into indigency.
The provision empowering a court to direct the defendant to furnish security to produce property, or attach the property before judgment where the defendant is about to dispose of it to obstruct execution, is contained in:
aOrder XXXVIII Rule 5
bOrder XXI Rule 54
cOrder XXVI Rule 9
dOrder XXXIX Rule 1
Answer: A
Order XXXVIII Rule 5 CPC provides for attachment before judgment where the court is satisfied that the defendant, with intent to obstruct or delay execution of any decree, is about to dispose of or remove his property from the court's jurisdiction.
Where, in a suit for restraining the defendant from committing a breach of contract, the court grants a temporary injunction under Order XXXIX Rule 1 of the Code of Civil Procedure, 1908, the order is appealable as it falls within the category of:
aappeals from orders under Order XLIII Rule 1
breview under Order XLVII
crevision under Section 115
dappeals from decrees under Section 96
Answer: A
An order granting or refusing a temporary injunction under Order XXXIX Rule 1 or 2 CPC is an appealable order enumerated in Order XLIII Rule 1, and an appeal lies under Section 104 read with Order XLIII.
Where a person apprehends that a suit or proceeding is about to be instituted against him, he may lodge a caveat under Section 148A of the Code of Civil Procedure, 1908. Such caveat, unless the application is made earlier, remains in force for:
aninety days from the date it is lodged
bone year from the date it is lodged
cthirty days from the date it is lodged
dsixty days from the date it is lodged
Answer: A
Section 148A(5) CPC provides that a caveat shall remain in force for ninety days from the date on which it was lodged, unless the application apprehended is made before the expiry of that period.
Under Section 9 of the Code of Civil Procedure, 1908, the Courts shall have jurisdiction to try all suits of a civil nature:
aexcepting suits of which their cognizance is either expressly or impliedly barred
bonly when the suit value exceeds the pecuniary limit fixed by the High Court
conly when expressly empowered by a special statute
dexcepting suits relating to immovable property
Answer: A
Section 9 confers jurisdiction on civil courts to try all suits of a civil nature except those whose cognizance is expressly or impliedly barred. The bar must be clearly established before jurisdiction is ousted.
Section 89 of the Code of Civil Procedure, 1908 (inserted by Act 46 of 1999) empowers the Court, where it appears that there exist elements of a settlement, to refer the dispute to which of the following modes?
aArbitration and conciliation only
bArbitration, conciliation, judicial settlement including Lok Adalat, or mediation
cMediation and judicial settlement only
dOnly to the Permanent Lok Adalat
Answer: B
Section 89 permits the Court to formulate terms of settlement and refer the matter to arbitration, conciliation, judicial settlement (including Lok Adalat), or mediation. It was inserted to promote alternative dispute resolution.
Under Section 100 of the Code of Civil Procedure, 1908, a second appeal shall lie to the High Court only if the High Court is satisfied that the case involves:
aa mixed question of fact and law
ba substantial question of law
can error apparent on the face of the record
da question of fact wrongly decided
Answer: B
After the 1976 amendment, Section 100 confines a second appeal strictly to cases involving a substantial question of law, which the High Court must frame at the time of admission.
The power of the High Court to call for the record of a case decided by a subordinate court in which no appeal lies, in order to correct a jurisdictional error, is contained in:
aSection 115
bSection 96
cSection 114
dSection 113
Answer: A
Section 115 deals with revision, empowering the High Court to interfere where the subordinate court exercised jurisdiction not vested in it, failed to exercise jurisdiction vested in it, or acted illegally or with material irregularity.
Where a decree is varied or reversed in appeal, the provision under which 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 is:
aSection 144
bSection 151
cSection 141
dSection 148
Answer: A
Section 144 embodies the doctrine of restitution, requiring the court to restore parties to their former position when a decree is varied or reversed. It is founded on the principle that no party should suffer for the act of the court.
Order I Rule 10 of the Code of Civil Procedure, 1908 primarily deals with:
aconsolidation of suits
bjoinder of causes of action
cstriking out or adding parties
dframing of issues
Answer: C
Order I Rule 10 empowers the court to strike out parties improperly joined and to add any person whose presence is necessary to enable the court to effectively and completely adjudicate upon the questions involved.
Under Order VIII Rule 1 of the Code of Civil Procedure, 1908, the defendant shall ordinarily present a written statement of his defence within thirty days from the date of service of summons, which period may be extended, but in no case beyond:
aone hundred and twenty days from the date of service of summons
bsixty days from the date of service of summons
cninety days from the date of service of summons
done hundred and eighty days from the date of service of summons
Answer: C
The proviso to Order VIII Rule 1 allows the court to extend the period for filing the written statement, but in ordinary suits it shall not be later than ninety days from the date of service of summons.
An application by a defendant to set aside an ex parte decree passed against him is governed by which provision of the Code of Civil Procedure, 1908?
aOrder IX Rule 4
bOrder IX Rule 13
cOrder IX Rule 9
dOrder IX Rule 6
Answer: B
Order IX Rule 13 permits the defendant against whom an ex parte decree is passed to apply for setting it aside on showing that the summons was not duly served or that he was prevented by sufficient cause from appearing.
The provision for the institution of suits by persons unable to pay the requisite court fee, namely suits by indigent persons, is contained in:
aOrder XXXVII
bOrder XXXII
cOrder XXXIII
dOrder XXXV
Answer: C
Order XXXIII of the Code deals with suits by indigent persons, permitting a person who does not possess sufficient means to pay the prescribed court fee to sue as an indigent person subject to the court's leave.
Order XXXVIII Rule 5 of the Code of Civil Procedure, 1908 empowers the Court to direct attachment before judgment where it is satisfied that the defendant, with intent to obstruct or delay execution of any decree that may be passed, is about to:
acompromise the suit with a third party
bdispose of the whole or any part of his property or remove it from the local limits of the Court's jurisdiction
cleave the local limits of the jurisdiction of the Court
dfile a counter-claim against the plaintiff
Answer: B
Order XXXVIII Rule 5 allows attachment before judgment where the defendant, with intent to obstruct or delay execution, is about to dispose of or remove his property from the court's jurisdiction. It is a safeguard to secure the eventual decree.
Temporary injunctions to restrain a party from dealing with property in dispute or causing injury to the plaintiff in relation to the suit property are granted under which provision of the Code of Civil Procedure, 1908?
aOrder XXVI Rules 1 and 2
bOrder XXXIX Rules 1 and 2
cOrder XXXVII Rules 1 and 2
dOrder XL Rules 1 and 2
Answer: B
Order XXXIX Rules 1 and 2 provide for grant of temporary injunctions, including restraining waste, damage or alienation of suit property and restraining breach of contract or injury. Rule 3 requires notice to the opposite party save in cases of urgency.
Under Order XXII of the Code of Civil Procedure, 1908, where one of two or more plaintiffs dies and the right to sue does not survive to the surviving plaintiffs alone, and no application for substitution of the legal representative is made within the prescribed time, the suit shall:
aabate so far as the deceased plaintiff is concerned
bcontinue with the surviving plaintiffs in all events
cbe dismissed for default
dbe stayed until a legal representative comes forward
Answer: A
Under Order XXII, where the right to sue does not survive to the surviving plaintiffs alone and no substitution is made in time, the suit abates qua the deceased. An order under Order XXII Rule 9 can set aside the abatement on sufficient cause.
Under Order XXIII Rule 1 of the Code of Civil Procedure, 1908, where a plaintiff withdraws a suit without the permission of the Court to file a fresh suit, the consequence is that he:
amay institute a fresh suit on the same cause of action as of right
bshall be precluded from instituting any fresh suit in respect of the same subject-matter
cmay institute a fresh suit only with the consent of the defendant
dshall be entitled to costs from the defendant
Answer: B
Order XXIII Rule 1 provides that a plaintiff who abandons or withdraws a suit without the court's leave to file afresh is precluded from instituting a fresh suit on the same subject-matter, and remains liable for costs.
An accomplice shall be a competent witness against an accused person. Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this is stated in:
aSection 139
bSection 138
cSection 137
dSection 119, illustration (b)
Answer: B
Section 138 of the BSA, 2023 declares an accomplice to be 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.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), for the proof of any fact, the number of witnesses required is:
aat least two in all cases
bat least two in criminal cases only
cno particular number is required in any case
das the Court may fix by order
Answer: C
Section 139 of the Bharatiya Sakshya Adhiniyam, 2023 provides that no particular number of witnesses shall in any case be required for the proof of any fact.
Under Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the examination of a witness, subsequent to the cross-examination, by the party who called him is termed:
aexamination-in-chief
bfurther examination-in-chief
ccross-examination
dre-examination
Answer: D
Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 defines re-examination as the examination of a witness, subsequent to the cross-examination, by the party who called him.
Which of the following statements regarding admissions and confessions under the Bharatiya Sakshya Adhiniyam, 2023 (BSA) is INCORRECT?
aAn admission is a statement which suggests an inference as to a fact in issue or relevant fact.
bA confession is a species of admission made in a criminal case.
cA confession made to a police officer can be proved against the accused if it is voluntary.
dAdmissions are not conclusive proof of the matters admitted but may operate as estoppel.
Answer: C
Option (b) is INCORRECT: under Section 23(1) of the BSA, 2023, no confession made to a police officer can be proved against the accused, irrespective of whether it is voluntary. The other statements are correct - admissions are defined in Section 15, and Section 25 provides that admissions are not conclusive proof of the matters admitted but may operate as an estoppel.
A is accused of theft. While in police custody, he states to the investigating officer, "I will produce the stolen ornaments which I have hidden in the loft of my house," and the ornaments are recovered from that loft. How much of this information is admissible against A under the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aThe whole statement, because it amounts to a confession leading to recovery
bOnly so much of the information as relates distinctly to the fact thereby discovered, under the proviso to Section 23(2)
cOnly the part admitting that the ornaments were stolen, under Section 22
dNone of it, because every statement made in police custody is barred by Section 23(2)
Answer: B
The proviso to Section 23(2) of the BSA, 2023 (corresponding to old Section 27 of the Indian Evidence Act, 1872) permits proof of only so much of the information received from an accused in custody as relates distinctly to the fact thereby discovered (here, the place of concealment leading to recovery), whether or not it amounts to a confession; the portion admitting that the ornaments were 'stolen' does not relate to the discovery and is inadmissible.
An accused charged with culpable homicide pleads that he acted under grave and sudden provocation, an exception under the Bharatiya Nyaya Sanhita, 2023. As to this plea, which of the following correctly states the legal position under the Bharatiya Sakshya Adhiniyam, 2023 (BSA)?
aThe prosecution must prove the absence of provocation beyond reasonable doubt
bNo burden arises, since exceptions need not be proved by either party
cThe burden of proving the existence of provocation lies on the accused, and the Court presumes the absence of such circumstances, under Section 108
dThe burden lies on the accused only if the prosecution first leads evidence of provocation, under Section 104
Answer: C
Under Section 108 of the Bharatiya Sakshya Adhiniyam, 2023, when an accused claims the benefit of a General Exception in the Bharatiya Nyaya Sanhita, 2023 or a special exception, the burden of proving the existence of those circumstances is on him, and the Court presumes the absence of such circumstances; the accused discharges this burden on a preponderance of probabilities.
Under Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which of the following statements is correct regarding the competency of a person of unsound mind to testify?
aA lunatic is competent only if a medical board certifies him sound at the time of deposition
bA lunatic may testify only after obtaining prior sanction of the High Court
cA lunatic is in every case incompetent to testify
dA lunatic is competent unless his lunacy prevents him from understanding the questions and giving rational answers to them
Answer: D
Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 provides that all persons are 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 the like; the Explanation clarifies that a person of unsound mind is not incompetent unless his unsoundness of mind prevents him from understanding the questions and giving rational answers.
After a witness called by the plaintiff has been cross-examined by the defendant, the plaintiff seeks to examine the same witness again to explain matters that arose in cross-examination. Under Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), this examination is called:
aexamination-in-chief
bfurther cross-examination
ccross-examination
dre-examination
Answer: D
Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) defines re-examination as the examination of a witness, subsequent to the cross-examination, by the party who called him. Examination-in-chief is by the party calling the witness, and cross-examination is by the adverse party.
Under the Bharatiya Sakshya Adhiniyam, 2023 (BSA), the provision empowering a Court to presume that a man who is in possession of stolen goods soon after the theft is either the thief or has received the goods knowing them to be stolen, unless he can account for his possession, is found in:
aSection 118 (illustration)
bSection 109
cSection 95
dSection 119, Illustration (a)
Answer: D
Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) allows the Court to presume the existence of facts likely to have happened, having regard to the common course of natural events and human conduct. Illustration (a) to Section 119 is the well-known presumption regarding possession of stolen goods soon after the theft.
Under Section 39(2) of the Bharatiya Sakshya Adhiniyam, 2023, when the Court has to form an opinion on any matter relating to information transmitted or stored in a computer resource or other electronic or digital form, whose opinion is declared to be a relevant fact?
aThe opinion of any handwriting expert appointed by the Court
bThe opinion of the Examiner of Electronic Evidence referred to in section 79A of the Information Technology Act, 2000
cThe opinion of the Central Forensic Science Laboratory only
dThe opinion of the investigating officer in charge of the case
Answer: B
Section 39(2) of the BSA, 2023 (a provision new to evidence law) specifically makes relevant the opinion of the Examiner of Electronic Evidence notified under section 79A of the Information Technology Act, 2000, for matters concerning electronic or digital records.
Under Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023, a confession made by a person while in the custody of a police officer may be proved against him only if it is made:
aafter the accused has consulted a legal practitioner
bin writing and signed by the Superintendent of Police
cin the presence of two independent witnesses
din the immediate presence of a Magistrate
Answer: D
Section 23(2) of the BSA, 2023 bars proof of a confession made in police custody unless it is made in the immediate presence of a Magistrate; this carries forward the rule earlier found in section 26 of the Indian Evidence Act, 1872.
Under the Bharatiya Nyaya Sanhita, 2023, when five or more persons conjointly commit or attempt to commit a robbery, the offence is dacoity, dealt with under:
aSection 311
bSection 310
cSection 309
dSection 308
Answer: B
Section 310 BNS defines dacoity, requiring five or more persons conjointly committing or attempting robbery; it corresponds to the former Section 391 IPC.
Which of the following statements is correct regarding criminal breach of trust under the Bharatiya Nyaya Sanhita, 2023?
aIt is dealt with under Section 318 and is identical to cheating
bIt has been omitted as an offence under the new Sanhita
cIt is dealt with under Section 405 and punishable with imprisonment up to three years
dIt is consolidated into Section 316 with the general punishment enhanced to imprisonment up to five years
Answer: D
Section 316 BNS consolidates the offence of criminal breach of trust, and the general punishment has been raised from three years (old Section 406 IPC) to five years.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of defamation, along with the newly added punishment of community service, is provided in:
aSection 354
bSection 356
cSection 500
dSection 499
Answer: B
Section 356 BNS consolidates the erstwhile Sections 499 and 500 IPC on defamation and additionally introduces community service as a mode of punishment.
Under the Bharatiya Nyaya Sanhita, 2023, where a man has sexual intercourse with a woman by employing deceitful means such as a false promise of marriage by suppressing his identity, the offence is punishable under:
aSection 90
bSection 69
cSection 63
dSection 375
Answer: B
Section 69 BNS is a new offence penalising sexual intercourse obtained by deceitful means, which is defined to include a false promise of marriage by suppressing identity, or false promise of employment or promotion.
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for culpable homicide not amounting to murder is laid down in:
aSection 105
bSection 103
cSection 100
dSection 304
Answer: A
Section 100 BNS defines culpable homicide, and Section 105 BNS prescribes the punishment for culpable homicide not amounting to murder, corresponding to the former Section 304 IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of voluntarily causing grievous hurt is dealt with under:
aSection 117
bSection 320
cSection 322
dSection 115
Answer: A
Section 117 BNS deals with voluntarily causing grievous hurt; the categories of grievous hurt are defined in Section 116 BNS, replacing Sections 320 and 322 IPC.
Under Section 69 of the Bharatiya Nyaya Sanhita, 2023, which penalises sexual intercourse obtained by employing deceitful means or by making a false promise to marry without intention of fulfilling it, what is the maximum punishment prescribed?
aImprisonment of either description up to ten years and fine
bImprisonment of either description up to seven years and fine
cRigorous imprisonment for not less than ten years extendable to life
dImprisonment of either description up to five years and fine
Answer: A
Section 69 BNS, 2023 makes sexual intercourse by deceitful means (including a false promise of marriage made without intention to fulfil, or by suppressing identity) punishable with imprisonment of either description up to ten years and fine, provided the act does not amount to rape. The Explanation defines 'deceitful means' to include false promise of employment, promotion, or marrying by suppressing identity.
Section 106(2) of the Bharatiya Nyaya Sanhita, 2023 enhances punishment where a person causes death by a rash or negligent act (not amounting to culpable homicide) and thereafter escapes from the scene or fails to report the incident soon after to a police officer or Magistrate. The maximum term of imprisonment under Section 106(2) is:
aSeven years
bTen years
cFive years
dTwo years
Answer: B
Section 106(2) BNS, 2023 prescribes imprisonment of either description up to ten years and fine where the offender causes death by a rash or negligent act and then escapes from the scene or fails to report the incident soon after; this is harsher than the general five-year maximum under Section 106(1).
Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a police officer who receives information disclosing the commission of a cognizable offence is bound to register an FIR:
aonly where the offence is punishable with imprisonment exceeding seven years
bonly after obtaining prior sanction from the jurisdictional Magistrate
cirrespective of the area where the offence is committed, thereby giving statutory recognition to the 'Zero FIR'
donly if the offence was committed within the local limits of his own police station
Answer: C
Section 173(1) BNSS mandates registration of an FIR for a cognizable offence 'irrespective of the area where the offence is committed', statutorily recognising the Zero FIR concept; this corresponds to Section 154 of the old CrPC.
Where a person above sixty years of age or one who is infirm is sought to be arrested for an offence punishable with imprisonment for less than three years, Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires:
aprior written permission of the Court of Session
bthe prior permission of an officer not below the rank of Deputy Superintendent of Police
cthe prior permission of the Director General of Police
dno special permission; the arrest may be made in the ordinary course
Answer: B
Section 35(7) BNSS provides that no person who is infirm or above sixty years of age, accused of an offence punishable with imprisonment less than three years, shall be arrested without the prior permission of an officer not below the rank of Deputy Superintendent of Police.
Section 64 of the Bharatiya Nagarik Suraksha Sanhita, 2023, dealing with the manner of service of summons, introduces a notable change over the old CrPC by providing that a summons bearing the image of the Court's seal:
amay be served only by registered post acknowledgement due
bmust in every case be served personally on the person summoned
cmay be served by electronic communication in the form and manner provided by State rules
dmay be served only through a police officer of the issuing district
Answer: C
Section 64 BNSS expressly permits service of a summons bearing the image of the Court's seal by electronic communication in such form and manner as the State Government may provide by rules, a feature absent from Section 62 of the old CrPC.
The provision empowering a Magistrate of the first class to order a person having sufficient means to pay maintenance to his wife, children and parents who are unable to maintain themselves is contained in which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 164
bSection 183
cSection 125
dSection 144
Answer: D
Order for maintenance of wives, children and parents is governed by Section 144 BNSS, which corresponds to Section 125 of the old CrPC.
Recording of confessions and statements by a Magistrate during the course of investigation is provided for under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Which of the following statements is correct?
aA confession may be recorded without informing the person that he is not bound to make it
bA confession so recorded need not be signed by the person making it
cNo police officer, even one on whom Magisterial powers are conferred, may record such a confession
dA police officer on whom the powers of a Magistrate have been conferred may record such a confession
Answer: C
Section 183 BNSS bars any police officer—even one on whom powers of a Magistrate have been conferred—from recording a confession, and requires the Magistrate to warn the person that he is not bound to confess; it corresponds to Section 164 of the old CrPC.
The procedure to be followed when investigation cannot be completed within twenty-four hours, including the grant of police and judicial custody, is now contained in which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 167
bSection 190
cSection 187
dSection 173
Answer: C
Section 187 BNSS deals with the procedure when investigation cannot be completed in twenty-four hours and the grant of custody; it corresponds to Section 167 of the old CrPC.
On taking cognizance of an offence upon a complaint, the requirement that the Magistrate shall examine upon oath the complainant and the witnesses present is contained in Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023. A new safeguard introduced by its proviso is that:
acognizance can be taken only after a preliminary inquiry by the police
bno cognizance shall be taken without giving the accused an opportunity of being heard
cthe complaint must be supported by an affidavit in every case
dthe complainant must deposit security for costs before examination
Answer: B
The first proviso to Section 223(1) BNSS introduces a new safeguard that no cognizance of an offence shall be taken by the Magistrate on a complaint without giving the accused an opportunity of being heard; the section corresponds to Section 200 of the old CrPC.
Under Section 23 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding:
aseven years
btwo years
cfive years
dthree years
Answer: D
Section 23(2) BNSS empowers a Magistrate of the first class to pass a sentence of imprisonment not exceeding three years, or fine up to fifty thousand rupees, or both, or community service; it corresponds to Section 29 of the old CrPC.
Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which is a newly introduced provision having no equivalent in the old CrPC, deals with:
aplea bargaining in respect of economic offences
binquiry, trial or judgment in the absence (in absentia) of a proclaimed offender
ctransfer of cases from one Sessions Court to another
dcompounding of offences with the permission of the Court
Answer: B
Section 356 BNSS is a new provision enabling inquiry, trial or judgment in absentia against a proclaimed offender who has absconded to evade trial, with the trial commencing only after ninety days from framing of charge.
Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a first-time offender (against whom no proceeding for any other offence is pending) who has undergone detention as an under-trial prisoner is, as a general rule, entitled to be released on bond where he has undergone detention up to:
atwo-thirds of the maximum period of imprisonment specified for the offence
bthe whole of the maximum period of imprisonment specified for the offence
cone-third of the maximum period of imprisonment specified for the offence
done-half of the maximum period of imprisonment specified for the offence
Answer: C
The first proviso to Section 479(1) BNSS provides that a first-time offender shall be released on bond if he has undergone detention for up to one-third of the maximum period of imprisonment for the offence, against the one-half rule applicable generally; it corresponds to Section 436A of the old CrPC.
Under Section 124 of the Indian Contract Act, 1872, a contract of indemnity covers a promise to save the other from loss caused:
aby the conduct of the promisor himself or of any other person
bonly by the conduct of a third person
conly by an act of God
donly by the conduct of the promisee
Answer: A
Section 124 defines a contract of indemnity as one by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or the conduct of any other person.
Under Section 171 of the Indian Contract Act, 1872, in the absence of a contract to the contrary, a general lien over goods bailed may be exercised by:
aevery finder of goods
bbankers, factors, wharfingers, attorneys of a High Court and policy-brokers
cany bailee who has done work on the goods
donly bankers and pawnees
Answer: B
Section 171 confers a general lien (in the absence of a contract to the contrary) only on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers; others have only a particular lien unless expressly agreed.
The bailment of goods as security for payment of a debt or performance of a promise is called a 'pledge'. Under the Indian Contract Act, 1872, the person who pledges the goods is called the:
abailee
bsurety
cpawnor
dpawnee
Answer: C
Under Section 172, in a pledge the bailor is called the 'pawnor' and the bailee is called the 'pawnee'.
P appoints Q as his agent to sell certain goods, but no remuneration or other consideration is agreed for the appointment. As per Section 185 of the Indian Contract Act, 1872, the agency is:
avoid for want of consideration
bvoidable at Q's option
cvalid, as no consideration is necessary to create an agency
dvalid only if reduced to writing
Answer: C
Section 185 expressly provides that no consideration is necessary to create an agency.
A and B mutually agree to substitute a new contract for an old subsisting one, with the result that the original contract need not be performed. This is best described under the Indian Contract Act, 1872 as:
awaiver
bnovation
cremission
drescission
Answer: B
Under Section 62, where the parties to a contract agree to substitute a new contract for it, the original contract need not be performed; the substitution of a new contract for an old one is novation.
Under Section 230 of the Indian Contract Act, 1872, in the absence of a contract to the contrary, an agent is presumed to be personally liable in which of the following situations?
aWhere the agent receives remuneration in the form of commission only
bWhere the agent acts within the scope of his actual authority for a disclosed resident principal
cWhere the contract is made by an agent for the sale or purchase of goods for a merchant resident abroad
dWhere the agent merely communicates an offer made by his principal
Answer: C
Section 230 lays down that an agent cannot personally enforce or be bound by contracts made on behalf of his principal, but a contrary contract is presumed, inter alia, where the agent contracts for the sale or purchase of goods for a merchant resident abroad, where he does not disclose the name of his principal, or where the principal, though disclosed, cannot be sued.
Under Section 5 of the Limitation Act, 1963, the power of the court to admit an appeal or application after the prescribed period on sufficient cause being shown does NOT extend to:
aan appeal from an original decree
ban application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908
can application for review of judgment
dan application for leave to appeal as an indigent person
Answer: B
Section 5 expressly excludes applications under any of the provisions of Order XXI of the CPC, 1908 from the benefit of condonation of delay. Section 5 in any event applies only to appeals and applications, never to suits.
Under the Schedule to the Limitation Act, 1963, the period of limitation for a suit to obtain a declaration (Article 58, other than declarations covered by Articles 56 and 57) is three years computed from:
athe date when the right to sue first accrues
bthe date of knowledge of the cause of action
cthe date when the right to sue last accrues
dthe date on which the suit is instituted
Answer: A
Article 58 of the Schedule prescribes three years for a suit to obtain any other declaration, running from the date when the right to sue 'first' accrues. The word 'first' distinguishes it from the residuary article.
In computing the period of limitation for an appeal, Section 12 of the Limitation Act, 1963 directs the exclusion of:
aonly the day on which the period begins to run
bthe day from which the period is to be reckoned, the day on which the judgment was pronounced, and the time requisite for obtaining a copy of the decree, sentence or order appealed from
cthe entire vacation period of the appellate court
dthe time spent in obtaining legal advice from counsel
Answer: B
Section 12 excludes the day from which the period is to be reckoned, and for appeals also the day on which the judgment was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from.
Where, before the expiry of the prescribed period for a suit in respect of a debt, the person liable makes a written and signed acknowledgment of liability, the effect under Section 18 of the Limitation Act, 1963 is that:
athe limitation period is merely suspended until the debt is repaid
bthe claim becomes immune from any plea of limitation forever
cthe limitation period is extended by a fixed period of three years irrespective of the nature of the claim
da fresh period of limitation is computed from the time when the acknowledgment was so signed
Answer: D
Under Section 18, an acknowledgment of liability in writing, signed before the prescribed period expires, causes a fresh period of limitation to be computed from the time the acknowledgment was signed.
Under Article 65 of the Schedule to the Limitation Act, 1963, a suit for possession of immovable property based on title is barred after a period of twelve years computed from:
athe date of dispossession of the plaintiff in every case
bthe date when the possession of the defendant becomes adverse to the plaintiff
cthe date of registration of the title deed
dthe date of the plaintiff's purchase of the property
Answer: B
Article 65 prescribes twelve years for a suit for possession of immovable property based on title, the period running from the date the defendant's possession becomes adverse to the plaintiff, unlike a possessory suit which runs from dispossession.
Under the proviso to Section 138 of the Negotiable Instruments Act, 1881, within how many days of receiving information from the bank about dishonour must the payee make a demand by notice in writing for payment of the cheque amount?
aFifteen days
bForty-five days
cThirty days
dSixty days
Answer: C
Proviso (b) to Section 138 requires the payee or holder in due course to demand payment by written notice within thirty days of receiving information from the bank regarding the return of the cheque as unpaid. The drawer then has fifteen days from receipt of the notice to pay.
Under Section 143A of the Negotiable Instruments Act, 1881, the interim compensation that the Court may direct the drawer to pay shall NOT exceed:
aTwenty-five per cent of the cheque amount
bTen per cent of the cheque amount
cTwenty per cent of the cheque amount
dFifteen per cent of the cheque amount
Answer: C
Section 143A(2) caps interim compensation at twenty per cent of the amount of the cheque. It may be ordered in a summary trial or summons case where the drawer pleads not guilty, and is payable within sixty days (extendable by up to thirty days).
Where a cheque is delivered for collection through an account, an offence under Section 138 shall, as per Section 142(2)(a) of the Negotiable Instruments Act, 1881, be tried only by a Court within whose local jurisdiction:
aThe cheque was physically handed over to the payee
bThe registered office of the drawer company is situated
cThe branch of the bank where the drawer maintains the account is situated
dThe branch of the bank where the payee or holder in due course maintains the account is situated
Answer: D
Section 142(2)(a), inserted by the 2015 Amendment, fixes territorial jurisdiction at the branch where the payee or holder in due course maintains the account when the cheque is delivered for collection through an account; the drawer's bank location is irrelevant for such cheques.
Under Section 141 of the Negotiable Instruments Act, 1881, where an offence under Section 138 is committed by a company, a person otherwise deemed guilty shall NOT be liable to punishment if he proves that:
aHe held only a minority shareholding in the company
bThe offence was committed without his knowledge or that he exercised all due diligence to prevent its commission
cHe was not a signatory to the dishonoured cheque
dHe had resigned as a director before the complaint was filed
Answer: B
The proviso to Section 141(1) exempts a person from liability if he proves the offence was committed without his knowledge or that he exercised all due diligence to prevent it. Mere absence of signature or minority holding is not the statutory defence.
On conviction for an offence under Section 138 of the Negotiable Instruments Act, 1881, the drawer may be punished with imprisonment for a term which may extend to two years, or with fine which may extend to:
aThe amount of the cheque
bThrice the amount of the cheque
cTwice the amount of the cheque
dFive thousand rupees only
Answer: C
Section 138 provides for imprisonment up to two years, or fine up to twice the amount of the cheque, or both. This is the maximum prescribed punishment for dishonour of a cheque for insufficiency of funds.
Which of the following correctly states the legal effect of a 'contract for sale' of immovable property under Section 54 of the Transfer of Property Act, 1882?
aIt itself creates an interest in or charge on the property
bIt transfers ownership immediately upon execution
cIt operates as a completed sale on payment of earnest money
dIt does not, of itself, create any interest in or charge on such property
Answer: D
Section 54 expressly provides that a contract for the sale of immovable property does not, of itself, create any interest in or charge on such property; it is merely an agreement that a sale shall take place on settled terms.
A debtor in the town of Hyderabad (a town notified for this purpose) delivers documents of title to his immovable property to his creditor with intent to create a security thereon. Under Section 58 of the Transfer of Property Act, 1882, this transaction is a:
asimple mortgage
busufructuary mortgage
cmortgage by deposit of title-deeds (equitable mortgage)
dEnglish mortgage
Answer: C
Section 58(f) defines a mortgage by deposit of title-deeds, available in the towns of Calcutta, Madras and Bombay and any other town the State Government may notify, where title documents are delivered with intent to create security.
L grants M a lease of agricultural land 'from year to year'. As per Section 107 of the Transfer of Property Act, 1882, such a lease can be made:
aby an unregistered written agreement without delivery of possession
bonly by a registered instrument
cby oral agreement accompanied by delivery of possession
dby mere delivery of possession without any agreement
Answer: B
Section 107 requires that a lease of immovable property from year to year, or for a term exceeding one year, or reserving a yearly rent, be made only by a registered instrument executed by both lessor and lessee.
A donor and a donee agree that a gift of land shall be revocable at the mere will of the donor. Under Section 126 of the Transfer of Property Act, 1882, such a gift is:
avoid wholly or in part to the extent of such agreement
bvalid, as the parties are free to settle the terms
cvoidable only at the instance of the donee
dvalid if reduced to a registered instrument
Answer: A
Section 126 permits a gift to be made revocable on the happening of a specified event not depending on the donor's will, but a gift made revocable wholly or in part at the mere will of the donor is void to that extent.
The writ jurisdiction of a High Court under Article 226 of the Constitution of India is wider than that of the Supreme Court under Article 32 chiefly because Article 226 permits issuance of writs:
afor enforcement of fundamental rights and also "for any other purpose"
bonly for enforcement of fundamental rights
conly against the Government of India
donly in respect of matters in the Concurrent List
Answer: A
The phrase "for any other purpose" in Article 226, absent in Article 32, lets High Courts issue writs for enforcement of ordinary legal rights as well, making their jurisdiction wider.
The list of subjects in relation to which Panchayats may be entrusted powers for economic development and social justice under Article 243G of the Constitution of India is set out in which Schedule?
aEleventh Schedule
bNinth Schedule
cTwelfth Schedule
dTenth Schedule
Answer: A
The Eleventh Schedule (inserted by the 73rd Amendment) lists 29 subjects for Panchayats under Article 243G; the Twelfth Schedule corresponds to Municipalities under Article 243W.
A Constitution Amendment Bill that seeks to alter the manner of representation of States in Parliament additionally requires ratification by the Legislatures of not less than one-half of the States. This requirement flows from:
aArticle 368(1) only
bArticle 369
cArticle 4(2)
dthe first proviso to Article 368(2)
Answer: D
The proviso to Article 368(2) lists entrenched matters (including representation of States in Parliament and the Seventh Schedule) that need ratification by at least one-half of the State Legislatures in addition to the special majority in each House.
Which Article of the Constitution of India abolishes "untouchability" and forbids its practice in any form, making its enforcement an offence punishable in accordance with law?
aArticle 16
bArticle 15
cArticle 18
dArticle 17
Answer: D
Article 17 abolishes untouchability and forbids its practice; this fundamental right is enforced through the Protection of Civil Rights Act, 1955. Article 18 abolishes titles.
Regarding the duration of a protection order under the Protection of Women from Domestic Violence Act, 2005, which statement is correct under Section 25?
aA protection order under Section 18 remains in force till the aggrieved person applies for its discharge
bA protection order cannot be altered or revoked once passed
cA protection order under Section 18 remains in force for one year and then automatically lapses
dA protection order is in force for six months but may be renewed twice only
Answer: A
Section 25(1) provides that a protection order made under Section 18 is in force till the aggrieved person applies for discharge, while Section 25(2) permits alteration, modification or revocation on a change of circumstances.
Under Section 28 of the Protection of Women from Domestic Violence Act, 2005, which statement regarding the procedure to be followed is correct?
aAll proceedings are governed exclusively by the Code of Civil Procedure, 1908
bProceedings are governed by the Family Courts Act and the court cannot adopt its own procedure
cThe court has no power to deviate from the Code of Criminal Procedure in any circumstance
dProceedings under Sections 12, 18, 19, 20, 21, 22 and 23 and offences under Section 31 are, save as otherwise provided, governed by the Code of Criminal Procedure, but the court may lay down its own procedure for disposal of an application under Section 12 or Section 23(2)
Answer: D
Section 28(1) makes the proceedings and the Section 31 offence governed by the CrPC save as otherwise provided, while Section 28(2) preserves the court's power to lay down its own procedure for disposal of a Section 12 application or a Section 23(2) ex parte application.
In Satish Chander Ahuja v. Sneha Ahuja (2020), the Supreme Court, while interpreting "shared household" under Section 2(s) of the Protection of Women from Domestic Violence Act, 2005, held that:
aThe earlier view in S.R. Batra v. Taruna Batra was not good law, and the question whether a property is a shared household depends on the facts of each case, not merely on ownership by the husband
bA shared household must always be owned exclusively by the husband to attract the Act
cA daughter-in-law has no right to reside in any house belonging to her parents-in-law in any circumstance
dThe definition in S.R. Batra v. Taruna Batra was correct and was reaffirmed
Answer: A
In Satish Chander Ahuja v. Sneha Ahuja (2020), the Supreme Court held that the narrow view in S.R. Batra v. Taruna Batra was not the correct law and that whether a premises is a "shared household" under Section 2(s) is a fact-specific inquiry, not confined to property owned by the husband.
Under Section 32 of the Protection of Women from Domestic Violence Act, 2005, which of the following statements correctly reflects the position regarding an offence under sub-section (1) of Section 31 (breach of a protection order)?
aThe offence is cognizable but bailable, and the sole testimony of the aggrieved person is insufficient for conviction
bThe offence is non-cognizable and bailable, and conviction requires corroboration of the aggrieved person's testimony
cThe offence is cognizable and non-bailable, and the court may conclude on the sole testimony of the aggrieved person that the offence has been committed
dThe offence is non-cognizable but non-bailable, and no presumption arises from the aggrieved person's testimony
Answer: C
Section 32(1) declares that, notwithstanding the procedural code, the offence under Section 31(1) shall be cognizable and non-bailable, and Section 32(2) permits the court to conclude upon the sole testimony of the aggrieved person that the offence has been committed.
The proviso to Section 34 of the Specific Relief Act, 1963 lays down that a court shall not make a declaration of status or right where the plaintiff:
aHas an alternative remedy under the Code of Civil Procedure
bBeing able to seek further relief than a mere declaration of title, omits to do so
cIs not in actual possession of the property
dHas not paid the requisite court fee
Answer: B
The proviso to Section 34 bars a declaratory decree where the plaintiff, being able to seek further relief than a mere declaration of title, omits to seek such further relief (e.g., possession or consequential relief).
Under Section 41 of the Specific Relief Act, 1963, an injunction CANNOT be granted:
aTo prevent the breach of an obligation existing in favour of the applicant
bTo compel performance of a positive obligation
cTo prevent a continuing breach of a contract
dTo restrain any person from instituting or prosecuting any proceeding in a criminal matter
Answer: D
Section 41(d) provides that an injunction cannot be granted to restrain any person from instituting or prosecuting any proceeding in a criminal matter.
Where a contract comprises an affirmative agreement to do a certain act coupled with a negative agreement not to do a certain act, Section 42 of the Specific Relief Act, 1963 provides that the court:
aMay grant an injunction only if the plaintiff has fully performed the affirmative part
bMust refuse all relief where the affirmative agreement cannot be specifically enforced
cCan only award damages and never an injunction
dCannot grant an injunction to perform the negative agreement merely because it is unable to compel specific performance of the affirmative agreement
Answer: D
Section 42 provides that the court's inability to compel specific performance of the affirmative agreement shall not preclude it from granting an injunction to perform the negative agreement, provided the plaintiff has not failed to perform the contract so far as binding on him.
When a claim of juvenility is raised before any court in respect of a person, the JJ Act, 2015 requires that:
athe claim can be raised only before the Juvenile Justice Board and nowhere else
bthe claim must be referred to the Sessions Court for trial
cthe claim can be raised only at the stage of framing of charge
dthe claim may be raised before any court and at any stage, even after final disposal of the case
Answer: D
Section 9 read with Section 94 permits a claim of juvenility to be raised before any court at any stage, and even after final disposal of the case; the court must make an inquiry and determine the age.
Under the JJ Act, 2015, a child alleged to be in need of care and protection is produced before which authority?
athe Child Welfare Committee
bthe District and Sessions Judge
cthe Juvenile Justice Board
dthe Children's Court
Answer: A
The Child Welfare Committee constituted under Section 27 has the power to deal with and dispose of cases concerning children in need of care and protection, while the Juvenile Justice Board (Section 4) deals with children in conflict with law.
Under Section 15 of the JJ Act, 2015, the preliminary assessment by the Board in the case of a heinous offence shall be completed within a period of:
athree months from the date of first production of the child
bfour months from the date of first production of the child
cone month from the date of first production of the child
dsix months from the date of first production of the child
Answer: A
The proviso to Section 14(3) read with Section 15 requires that the preliminary assessment of a heinous offence be disposed of by the Board within three months from the date of first production of the child before the Board.
X, a Hindu male, marries in contravention of the age condition in clause (iii) of Section 5 of the Hindu Marriage Act, 1955. Under Section 18(a), he shall be punishable with:
afine only, up to twenty-five rupees
bsimple imprisonment up to one month, or fine up to one thousand rupees, or both
cimprisonment for life
drigorous imprisonment up to two years, or fine up to one lakh rupees, or both
Answer: D
Section 18(a) punishes contravention of the marriageable-age condition (s.5(iii)) with rigorous imprisonment up to two years, or fine up to one lakh rupees, or both.
Under Section 19 of the Hindu Marriage Act, 1955, a petition under the Act is to be presented to the District Court within whose ordinary original civil jurisdiction one of several places lies. Which of the following is NOT one of those places?
aWhere the marriage was solemnized
bWhere the parties to the marriage last resided together
cWhere the petitioner's parents permanently reside
dWhere the respondent resides at the time of presentation of the petition
Answer: C
Section 19 lists place of solemnization, respondent's residence, where parties last resided together, where the wife-petitioner resides, or the petitioner's residence in specified cases; the petitioner's parents' permanent residence is not a basis.
Property is given to a Hindu widow under a registered will which expressly confers on her only a life interest with no power of alienation. Which of the following correctly states the legal position under Section 14 of the Hindu Succession Act, 1956?
aBy virtue of Section 14(1) she becomes the absolute owner notwithstanding the terms of the will
bShe becomes absolute owner only after the death of the testator's other heirs
cShe holds only a restricted estate because Section 14(2) applies where a will prescribes a restricted estate
dThe will is void as it offends Section 14(1) which cannot be contracted out of
Answer: C
Section 14(2) is an exception to Section 14(1): where property is acquired under a gift, will, instrument, decree or award whose terms prescribe a restricted estate, the female does not become an absolute owner. Section 14(1) enlarges a pre-existing limited estate into absolute ownership only where the right is independent of the restrictive instrument.
In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court interpreted the substituted Section 6 of the Hindu Succession Act, 1956. Which of the following correctly states the ratio of that decision?
aA daughter becomes a coparcener by birth in her own right, and this right does not depend on the father coparcener being alive on 9 September 2005
bA daughter acquires coparcenary rights only if her father was alive on 9 September 2005
cThe 2005 amendment operates purely prospectively and confers no coparcenary status on daughters born before 2005
dA daughter becomes a coparcener only upon marriage and only in self-acquired property of the father
Answer: A
In Vineeta Sharma v. Rakesh Sharma (2020), the Supreme Court held that the substituted Section 6 confers coparcenary status on a daughter by birth in the same manner as a son, and that this right is unobstructed heritage independent of whether the father coparcener was living on the date the 2005 amendment came into force (9 September 2005).
An unregistered document required by law to be registered may, under the proviso to Section 49 of the Registration Act, 1908, nevertheless be received as evidence:
ato confer a valid title to the immovable property comprised therein
bfor no purpose whatsoever, the document being wholly void
cto create, declare or assign any right, title or interest in the immovable property comprised therein
dof a collateral transaction not required to be effected by a registered instrument, or as evidence of part performance under Section 53A of the Transfer of Property Act, 1882
Answer: D
Though an unregistered compulsorily-registrable document cannot affect immovable property or be received as evidence of any transaction affecting it, the proviso to Section 49 permits its use as evidence of part performance under Section 53A of the Transfer of Property Act, 1882, or of any collateral transaction not required to be effected by a registered instrument.
Under Section 32 of the Registration Act, 1908, which of the following persons is NOT, as such, entitled to present a document for registration?
aThe agent of a person executing the document, duly authorised by power-of-attorney executed and authenticated as required by the Act
bA person claiming under the document
cA person who merely attested the document as a witness
dA person executing the document
Answer: C
Section 32 allows a document to be presented by a person executing or claiming under it (or under a decree/order), or by the representative or assign of such person, or by their duly authorised power-of-attorney agent; a mere attesting witness is not, as such, entitled to present it.
Which of the following statements about the bar of civil court jurisdiction under Section 14 of the Telangana Land Encroachment Act, 1905 is CORRECT?
aA decision, order or proceeding affecting the title to land of a person may still be questioned before a civil court
bThe bar applies only to orders passed by the Board of Revenue
cCivil courts retain full jurisdiction and the section merely regulates limitation
dEvery decision or order under the Act, including one affecting title to land, is immune from challenge in a civil court
Answer: A
Section 14 bars civil court challenge to decisions, orders and proceedings under the Act EXCEPT those affecting the title to a person's land, which remain justiciable; it also bars injunctions against action taken under the Act.
Under Section 35 of the Telangana Excise Act, 1968, whoever renders or attempts to render denatured spirit fit for human consumption is punishable with imprisonment for a term which:
ashall not be less than two years but shall not exceed five years, and with fine up to five thousand rupees
bshall not be less than five years but may extend to ten years
cmay extend to six months and with fine up to five thousand rupees
dmay extend to three months and with fine up to one thousand rupees
Answer: A
Section 35 punishes rendering denatured spirit fit for human consumption with imprisonment of not less than two years but not exceeding five years and fine up to five thousand rupees, with a presumption arising from chemical analysis showing prescribed denaturants.
Which two enactments were repealed by Section 17 of the Telangana Gaming Act, 1974?
aThe Andhra Pradesh Gaming Act, 1968 and the Hyderabad Gaming Act, 1955
bThe Public Gambling Act, 1867 and the Madras Gaming Act, 1930
cThe Andhra Pradesh (Andhra Area) Gaming Act, 1930 and the Andhra Pradesh (Telangana Area) Gambling Act, 1305 F.
dThe Hyderabad Gambling Act, 1955 and the Public Gambling Act, 1867
Answer: C
Section 17 expressly repeals the Andhra Pradesh (Andhra Area) Gaming Act, 1930 (Act III of 1930) and the Andhra Pradesh (Telangana Area) Gambling Act, 1305 F. (Act II of 1305 F.), subject to a savings clause.
Under the Civil Rules of Practice, 1990, an affidavit intended for use in a judicial proceeding is required to be:
adrawn up in the form of a narrative without paragraphs
bdrawn up only in English irrespective of the language of the court
cdrawn up in the first person and divided into paragraphs numbered consecutively
ddrawn up in the third person and signed only on the last page
Answer: C
Rule 35 (Form) of the Civil Rules of Practice, 1990 requires every affidavit to be drawn up in the first person and divided into paragraphs numbered consecutively, each paragraph confined to a distinct portion of the subject.
Under Section 18 of the Indian Easements Act, 1882, a right which has become customary by virtue of a local custom is known as a/an:
acustomary easement
beasement of necessity
cquasi-easement
dprescriptive easement
Answer: A
Section 18 recognises customary easements, that is, an easement acquired by virtue of a local custom, such as a right of the inhabitants of a village to bathe at a particular tank.
Where maintenance has been fixed, whether under a decree of court or by agreement, Section 25 of the Hindu Adoptions and Maintenance Act, 1956 provides that the amount:
aMay be enhanced but never reduced
bCan never be altered once fixed by a decree
cMay be altered only with the consent of both parties
dMay be altered subsequently if there is a material change in the circumstances justifying such alteration
Answer: D
Section 25 provides that the amount of maintenance, whether fixed by a decree of court or by agreement, may be altered subsequently if there is a material change in the circumstances justifying such alteration.
Under Section 2(11) of the Indian Stamp Act, 1899, an instrument is 'duly stamped' when it bears an adhesive or impressed stamp of not less than the proper amount and:
athe stamp has been purchased in the name of the executant
bsuch stamp has been affixed or used in accordance with the law in force in India
cthe instrument has also been registered
dthe duty has been adjudicated by the Collector
Answer: B
Section 2(11) defines 'duly stamped' as an instrument bearing an adhesive or impressed stamp of not less than the proper amount, affixed or used in accordance with the law in force in India.
Q100Telangana Buildings (Lease, Rent & Eviction) Control Act 1960
Under Section 5 of the Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960, where a landlord, at his own expense, makes any improvement, addition or structural alteration to a building after its fair rent has been fixed, he is entitled to claim an increase in fair rent at a rate not exceeding:
asix per cent per annum of the cost of such improvement
bfifteen per cent per annum of the cost of such improvement
ctwelve per cent per annum of the cost of such improvement
dten per cent per annum of the cost of such improvement
Answer: A
Section 5 permits an increase in fair rent for landlord-funded additions, improvements or structural alterations at a rate not exceeding six per cent per annum of the cost incurred.
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