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Telangana Judiciary — Prelims 2019

100 questions Objective 100 answers with solutions PDF
1

Is there any limitation prescribed for filing an application under section 47 of CPC before executing Court?

  • aThere is no limitation prescribed and application can be filed at any point of time after decree is passed
  • bIt is governed by provisions of Limitation Act
  • cThe issue of limitation can be decided only if such objection is raised
  • dThe executing Court can suo motu frame issue of limitation
Answer & solution

Correct answer: A

An application under S.47 CPC (questions relating to execution) is part of the suit itself and the Limitation Act prescribes no specific article barring it; it can be filed at any stage so long as the decree remains executable.

2

Section 96 of the Code of Civil Procedure. 1908 deals with:

  • aappeal from original decree
  • breference to High Court
  • creview
  • drevision
Answer & solution

Correct answer: A

Section 96 CPC expressly provides for an appeal from an original decree (first appeal).

3

Section 26 of the Code of Civil Procedure. 1908 is related to:

  • athe institution of suits
  • bsummons to defendant
  • cjurisdiction
  • dsummons to witness
Answer & solution

Correct answer: A

Section 26 CPC deals with institution of suits, providing that every suit shall be instituted by the presentation of a plaint.

4

Which of the following statements is correct?

  • aThe court cannot return the plaint if the court finds that it has no territorial jurisdiction.
  • bThe court cannot return the plaint if the court finds that it has no pecuniary jurisdiction.
  • cThe court cannot return the plaint if the court finds that it has no jurisdiction as to the subject matter.
  • dThe court can return the plaint at any stage of the suit if the court finds that it has lack of jurisdiction.
Answer & solution

Correct answer: D

Under Order VII Rule 10 CPC, a plaint must be returned to be presented to the proper court whenever the court finds it lacks jurisdiction, and this can be done at any stage; the statement that it 'can' return the plaint at any stage on lack of jurisdiction is correct.

5

Which of the following sections of the Code of Civil Procedure. 1908 provides a right of review?

  • aSection 113
  • bSection 114
  • cSection 108
  • dSection 101
Answer & solution

Correct answer: B

Section 114 CPC confers the substantive right of review; Order XLVII supplies the procedure.

6

Which of the following is NOT a suit of a civil nature?

  • aSuit for restitution of conjugal rights
  • bSuit for specific reliefs
  • cSuit relating to rights to property
  • dSuit involving purely religious rites or ceremonies
Answer & solution

Correct answer: D

Under S.9 CPC and its explanation, a suit involving purely religious rites or ceremonies (in which no right to property or office is involved) is not a suit of a civil nature.

7

Which of the following sections of the Code of Civil Procedure. 1908 provides the rule of Res Judicata?

  • aSection 10
  • bSection 11
  • cSection 15
  • dSection 13
Answer & solution

Correct answer: B

Section 11 CPC embodies the rule of res judicata (Section 10 deals with res sub judice/stay of suit).

8

Which of the following provisions of the Code of Civil Procedure. 1908 is related to summoning and attendance of witnesses?

  • aOrder XIV
  • bOrder XV
  • cOrder XVI
  • dOrder XVII
Answer & solution

Correct answer: C

Order XVI CPC governs summoning and attendance of witnesses.

9

Which of the following statements is INCORRECT?

  • aThe plaint can be rejected if the plaint does not disclose a cause of action.
  • bThe plaint cannot be rejected if the plaint is not filed in duplicate.
  • cThe plaint can be rejected if the suit appears from the statements in the plaint to be barred by any law.
  • dThe plaint can be rejected if the relief claimed by the plaintiff is undervalued and the valuation is not corrected within the time fixed by the court.
Answer & solution

Correct answer: B

Under Order VII Rule 11(e) CPC, failure to file the plaint in duplicate is a ground for rejection; hence the statement that the plaint 'cannot' be rejected for this reason is incorrect.

10

Which of the following statements is correct?

  • aIn an interpleader suit, an immovable property can never be in dispute.
  • bThe plaintiff claims full interest in the subject matter of the interpleader suit.
  • cThe plaintiff claims no interest in the subject matter of the interpleader suit except charges or costs.
  • dSection 79 of the Code of Civil Procedure deals with interpleader suit.
Answer & solution

Correct answer: C

Under S.88 / Order XXXV CPC, in an interpleader suit the plaintiff claims no interest in the subject matter other than charges or costs (S.79 deals with suits by or against Government, so option d is wrong).

11

According to the Code of Civil Procedure. 1908 the formal expression of any decision of a Civil Court which is not a decree, is:

  • ajudgment
  • border
  • cnotice
  • dpleading
Answer & solution

Correct answer: B

Under S.2(14) CPC, 'order' means the formal expression of any decision of a civil court which is not a decree.

12

Under Section 91(1) of the Code of Civil Procedure. 1908 in the case of a public nuisance, a suit for declaration and injunction may be instituted by:

  • aeven a single person, with the consent of the Advocate General
  • btwo or more persons, with the leave of the Court
  • ceven a single person, with the consent of the Public Prosecutor
  • dtwo or more persons, without the leave of the Court
Answer & solution

Correct answer: B

Under S.91 CPC, a suit for declaration and injunction in respect of a public nuisance may be instituted by the Advocate-General, or by two or more persons with the leave of the Court.

13

Order V of the Code of Civil Procedure. 1908 deals with:

  • ainstitution of suits
  • bdisposal of the suit at the first hearing
  • cjudgement
  • dissue and service of summons
Answer & solution

Correct answer: D

Order V CPC deals with issue and service of summons.

14

Which of the following statements is INCORRECT?

  • aA proposal, when accepted, becomes a promise.
  • bAn agreement enforceable by law is a contract.
  • cEvery promise and every set of promises, forming the consideration for each other, is an agreement.
  • dThe person accepting a proposal is called the promisor.
Answer & solution

Correct answer: D

Under S.2(c) of the Indian Contract Act, the person accepting a proposal is called the 'promisee' (the person making the proposal is the promisor); hence calling the acceptor the promisor is incorrect.

15

According to Section 182 of the Indian Contract Act, 1872, an agent is a person employed to do any act for another, or to represent another in dealings with the third person.

  • aagent
  • bprincipal
  • csubagent
  • dsurety
Answer & solution

Correct answer: A

Section 182 of the Indian Contract Act defines an 'agent' as a person employed to do any act for another or to represent another in dealings with third persons.

16

According to Section 2(i) of the Indian Contract Act, 1872, an agreement which is enforceable by law at the option of one or more of the parties thereto, but NOT at the option of the other or others, is:

  • ainvalid
  • ba voidable contract
  • cvoid
  • da contingent contract
Answer & solution

Correct answer: B

Section 2(i) of the Indian Contract Act defines a voidable contract as an agreement enforceable by law at the option of one or more parties but not at the option of the other(s).

17

P is usually of unsound mind, but occasionally of sound mind. At one time, he becomes sound and makes a contract. The contract is:

  • avoid
  • bvalid
  • cnot enforceable by law
  • dvoidable
Answer & solution

Correct answer: B

Under S.12 of the Indian Contract Act (illustration), a person usually of unsound mind but occasionally of sound mind may make a valid contract during the interval when he is of sound mind.

18

Z saves the property of Y from fire. The circumstances indicate that Z intended to do so gratuitously. Under Section 70 of the Indian Contract Act, 1872:

  • aZ is not entitled to compensation from Y
  • bY is bound to give compensation to Z
  • cZ is entitled to compensation from the legal representative of Y
  • dZ is entitled to compensation from the local administration
Answer & solution

Correct answer: A

Section 70 requires that the act not be intended to be done gratuitously; since Z acted gratuitously, he is not entitled to compensation from Y (this is the express illustration to S.70).

19

The Hindu Marriage Act, 1955 does NOT apply to who/that are included within the meaning of Article 366 of the Constitution of India.

  • aBuddhists
  • bScheduled Tribes
  • cScheduled Castes
  • dOther Backward Classes
Answer & solution

Correct answer: B

Under S.2(2) of the Hindu Marriage Act, the Act does not apply to members of any Scheduled Tribe within the meaning of Article 366(25) of the Constitution unless the Central Government by notification directs otherwise.

20

Section 11 of the Hindu Marriage Act, 1955 provides that a decree for nullity of marriage may be obtained in cases of bigamy or where the parties are within prohibited degrees of relationship or were sapindas of each other.

  • aSection 12
  • bSection 11
  • cSection 15
  • dSection 16
Answer & solution

Correct answer: B

Section 11 of the Hindu Marriage Act declares void marriages (including bigamy, prohibited degrees, and sapinda relationships under S.5(i),(iv),(v)) and allows a decree of nullity.

21

Section 13B of the Hindu Marriage Act, 1955 allows for divorce by mutual consent if the petition for divorce is jointly presented to the court by both parties to the marriage.

  • aSection 28A
  • bSection 13B
  • cSection 23A
  • dSection 21A
Answer & solution

Correct answer: B

Section 13B of the Hindu Marriage Act provides for divorce by mutual consent on a petition jointly presented by both parties.

22

Section 6 of the Hindu Succession Act, 1956 deals with notional partition.

  • aSection 12
  • bSection 9
  • cSection 14
  • dSection 6
Answer & solution

Correct answer: D

The doctrine of notional (deemed) partition is contained in the Explanation to Section 6 of the Hindu Succession Act, 1956, which fictionally treats a partition as having occurred immediately before the coparcener's death.

23

Who among the following is a class I heir under the Hindu Succession Act, 1956?

  • aBrother’s widow
  • bFather's widow
  • cWidow of a pre-deceased son
  • dSister’s son
Answer & solution

Correct answer: C

Under the Schedule (Class I) to the Hindu Succession Act, the widow of a pre-deceased son (son's widow) is a Class I heir, whereas brother's widow, father's widow and sister's son are not.

24

Section 8 of the Hindu Succession Act, 1956 lays down the general rules of succession in the case of:

  • afemales
  • bmales
  • cnon-family members
  • dnon-blood relations
Answer & solution

Correct answer: B

Section 8 of the Hindu Succession Act lays down the general rules of succession to the property of a Hindu male dying intestate.

25

A suit under Section 6 of the Specific Relief Act, 1963 CANNOT be filed against:

  • aa minor
  • bthe government
  • ca company
  • da firm
Answer & solution

Correct answer: B

Section 6(3) of the Specific Relief Act, 1963 bars a suit under S.6 against the Government.

26

An injunction CANNOT be granted: when the plaintiff has no personal interest in the matter to restrain any person from applying to any legislative body to restrain any person from instituting or prosecuting any proceeding in a criminal matter Which of the above statements are correct as per Section 41 of the Specific Relief Act, 1963?

  • a1 and 2 only
  • b2 and 3 only
  • c1 and 3 only
  • d1, 2 and 3
Answer & solution

Correct answer: D

Section 41 of the Specific Relief Act, 1963 bars injunction in all three situations listed: to restrain criminal proceedings (s.41(d)), to restrain application to a legislative body (s.41(c)), and where the plaintiff has no personal interest (s.41(j)).

27

Section 14 of the Specific Relief Act, 1963 deals with:

  • acontracts not specifically enforceable
  • brecovery of specific movable property
  • crectification of instruments
  • dmandatory injunctions
Answer & solution

Correct answer: A

Section 14 of the Specific Relief Act, 1963 enumerates contracts which cannot be specifically enforced (contracts not specifically enforceable).

28

When the defendant invades the plaintiff's right to enjoyment of property, the court can grant perpetual injunction: where the injunction is necessary to prevent a multiplicity of judicial proceedings where the defendant is the trustee of the property for the plaintiff where the invasion is such that compensation in money would not afford adequate relief Which of the above statements are correct as per Section 38 of the Specific Relief Act, 1963?

  • a1 and 2 only
  • b2 and 3 only
  • c1 and 3 only
  • d1, 2 and 3
Answer & solution

Correct answer: D

Under Section 38(3) of the Specific Relief Act, 1963 the court may grant a perpetual injunction in all three cases — where defendant is trustee, where there is no standard for ascertaining actual damage/compensation in money is inadequate, and to prevent multiplicity of proceedings. Hence 1, 2 and 3.

29

What is the period of limitation for filing a suit for specific movable property lost, or acquired by theft, or dishonest misappropriation or conversion?

  • a3 years
  • b12 years
  • c5 years
  • d9 years
Answer & solution

Correct answer: A

Article 68 of the Limitation Act, 1963 prescribes 3 years for a suit for specific movable property lost or acquired by theft, dishonest misappropriation or conversion, from when the person knew in whose possession it is.

30

Which of the following sections of the Limitation Act, 1963 provides the meaning of 'period of limitation'?

  • aSection 2(c)
  • bSection 2(a)
  • cSection 2(d)
Answer & solution

Correct answer: A

'Period of limitation' is actually defined in Section 2(j) of the Limitation Act, 1963, which is not among the listed options (2(c)/2(a)/2(d)) — the option set appears defective. Picking (a) as the least-incorrect available choice.

31

According to the Limitation Act, 1963, the period of limitation for a suit for arrears of rent is years from the date when the arrears become due.

  • a1
  • b3
  • c1
  • d2
Answer & solution

Correct answer: B

Article 52 of the Limitation Act, 1963 prescribes 3 years for a suit for arrears of rent, from when the arrears become due.

32

What is the meaning of ‘prescribed period' under the Limitation Act, 1963?

  • aThe period of limitation computed in accordance with the provisions of the Limitation Act, 1963
  • bThe period of limitation prescribed for any suit by the schedule of the Limitation Act, 1963
  • cThe period of limitation prescribed for any appeal by the schedule of the Limitation Act, 1963
  • dThe period of limitation prescribed for any application by the schedule of the Limitation Act, 1963
Answer & solution

Correct answer: A

Section 2(j) of the Limitation Act, 1963 defines 'prescribed period' as the period of limitation computed in accordance with the provisions of the Act (i.e. including ss.4-24), as distinct from the bare schedule period of limitation.

33

What is the period of limitation for filing a suit for possession of immovable property based on previous possession and NOT on title, when the plaintiff while in possession of the property has been dispossessed?

  • a10 years
  • b15 years
  • c5 years
  • d12 years
Answer & solution

Correct answer: D

Article 64 of the Limitation Act, 1963 prescribes 12 years for a suit for possession based on previous possession (not title) where the plaintiff has been dispossessed, from the date of dispossession.

34

Section 20 of the Transfer of Property Act, 1882 provides that the interest created in favour of an unborn person becomes vested:

  • aone month after his birth
  • bone year after his birth
  • con attaining 16 years
  • dimmediately on his birth
Answer & solution

Correct answer: D

Section 20 of the Transfer of Property Act, 1882 provides that where an interest is created for the benefit of an unborn person, he acquires a vested interest upon his birth (immediately on his birth), unless a contrary intention appears.

35

A lease of immovable property is determined: by efflux of the time limited thereby by implied surrender where such time is limited conditionally on the happening of some event - by the happening of such event Which of the above statements are correct as per Section 111 of the Transfer of Property Act, 1882?

  • a1 and 2 only
  • b2 and 3 only
  • c1 and 3 only
  • d1, 2 and 3
Answer & solution

Correct answer: D

Section 111 of the Transfer of Property Act, 1882 lists determination of a lease by efflux of time (cl.(a)), by happening of a conditional event (cl.(b)), and by implied surrender (cl.(f)). All three (1, 2 and 3) are correct.

36

P lets a farm to Q on the condition that he shall walk 150 miles in one hour. As per Section 25 of the Transfer of Property Act, 1882, this lease is:

  • avalid
  • bvoidable
  • cenforceable
  • dvoid
Answer & solution

Correct answer: D

Section 25 of the Transfer of Property Act, 1882 makes a transfer void if it depends on an impossible condition. Walking 150 miles in one hour is impossible, so the lease is void.

37

Who has the power to make rules under Section 104 of the Transfer of Property Act, 1882?

  • aHigh Court
  • bThe Supreme Court
  • cThe Central Government
  • dA State Government
Answer & solution

Correct answer: A

Section 104 of the Transfer of Property Act, 1882 empowers the High Court (subject to other enactments) to make rules consistent with the Act.

38

As per Section 107 of the Transfer of Property Act, 1882, which of the following leases of immovable property can be made by oral agreement accompanied by delivery of possession (without a registered instrument)?

  • aLeases from year to year
  • bLeases from month to month
  • cLeases for a term exceeding one year
  • dLeases reserving a yearly rent
Answer & solution

Correct answer: B

Under Section 107 of the Transfer of Property Act, 1882, leases from year to year, for a term exceeding one year, or reserving a yearly rent require a registered instrument; all other leases (e.g. month to month) may be made by oral agreement accompanied by delivery of possession.

39

As per Section 3 of the Registration Act, 1908, the Inspector-General of Registration is appointed by:

  • aState Government
  • bCentral Government
  • cHigh Court
  • dSupreme Court
Answer & solution

Correct answer: A

Section 3 of the Registration Act, 1908 provides that the State Government shall appoint an Inspector-General of Registration for the territories subject to it.

40

As per Section 24 of the Registration Act, 1908, when a document is executed by several persons at different times, such document may be presented for registration and re-registration within months from the date of each execution.

  • a8
  • b4
  • c2
  • d6
Answer & solution

Correct answer: B

Section 24 of the Registration Act, 1908 provides that where a document is executed by several persons at different times, it may be presented for registration and re-registration within four months from the date of each execution.

41

Section 38 of the Registration Act, 1908 deals with:

  • adestruction of unclaimed documents
  • bpersons exempt from appearance at registration office
  • cprovision where delay in presentation is unavoidable
  • dtime for presenting documents
Answer & solution

Correct answer: B

Section 38 of the Registration Act, 1908 deals with persons exempt from appearance at the registration office (e.g. those exempt under s.31, persons unable to attend due to bodily infirmity, prisoners).

42

According to Section 63 of the Indian Stamp Act, 1899, if a person fails to cancel an adhesive stamp, he shall be punishable with fine which may extend to:

  • a₹100
  • b₹1,000
  • c₹600
  • d₹2,000
Answer & solution

Correct answer: A

Section 63 of the Indian Stamp Act, 1899 punishes failure to cancel an adhesive stamp (as required by s.12) with fine which may extend to one hundred rupees (₹100).

43

The Indian Stamp Act, 1899 came into force on:

  • a1 July 1899
  • b15 July 1899
  • c1 October 1899
  • d15 October 1899
Answer & solution

Correct answer: A

Section 1(3) of the Indian Stamp Act, 1899 provides that the Act came into force on the first day of July, 1899.

44

Which of the following statements is INCORRECT?

  • aLeading questions cannot be asked in cross-examination.
  • bAny question suggesting the answer which the person putting it wishes or expects to receive is called a leading question.
  • cExamination-in-chief is the examination of a witness by the party who calls him.
  • dCross-examination is the examination of a witness by the adverse party.
Answer & solution

Correct answer: A

Under Section 143 of the Indian Evidence Act, 1872, leading questions MAY be asked in cross-examination. The statement that they 'cannot be asked in cross-examination' is therefore incorrect.

45

Which of the following is INCORRECT?

  • aThat a man said certain words is a fact.
  • bThat a man heard or saw something is a fact.
  • cA writing is a document.
  • dAn inscription on a metal plate or stone is not a document.
Answer & solution

Correct answer: D

Under Section 3 of the Indian Evidence Act, 1872, an inscription on a metal plate or stone IS a 'document'. The statement that it is not a document is incorrect.

46

Which Section of the Indian Evidence Act, 1872, mentions ‘Estoppel’?

  • aSection 77
  • bSection 124
  • cSection 115
  • dSection 118
Answer & solution

Correct answer: C

Section 115 of the Indian Evidence Act, 1872 deals with Estoppel.

47

Under Section 139 of the Indian Evidence Act, 1872, a man summoned only to produce a document:

  • abecomes a witness by the mere fact that he produces the document
  • bcan be cross-examined although he has not been called as a witness
  • ccannot be cross-examined unless and until he is called as a witness
  • dcannot be called as a witness and can never be cross-examined
Answer & solution

Correct answer: C

Section 139 of the Indian Evidence Act, 1872 provides that a person summoned merely to produce a document does not thereby become a witness and cannot be cross-examined unless and until he is called as a witness.

48

According to the Indian Evidence Act, 1872, an opinion of an expert is relevant under:

  • aSection 45
  • bSection 44
  • cSection 43
  • dSection 42
Answer & solution

Correct answer: A

Section 45 of the Indian Evidence Act, 1872 makes the opinion of an expert relevant.

49

Section 199 of Code of Criminal Procedure, 1973 allows complaint by a non-aggrieved person:

  • aif the aggrieved person is below fifteen years of age
  • bif the aggrieved person is a woman under twenty one years of age
  • cif the aggrieved person is a governor of a state
  • dif the aggrieved person is an idiot or a lunatic
Answer & solution

Correct answer: D

Under the proviso to Section 199(1) CrPC, 1973, where the aggrieved person is, by reason of being a lunatic or idiot (or unsound mind, sickness, etc.), unable to make a complaint, some other person may make it with leave of the court.

50

As per Section 226 of the Negotiable Instruments Act, 1881 who shall open the case?

  • aMagistrate
  • bComplainant
  • cProsecutor
  • dAttorney
Answer & solution

Correct answer: B

The Negotiable Instruments Act, 1881 has no Section 226 dealing with opening of a case — this is an OCR/source error; the reference is to Section 226 of the CrPC (warrant-case/Sessions trial), under which the Prosecutor opens the case by describing the charge. In Sessions trials it is the Public Prosecutor; for the complainant-driven N.I. Act s.138 trial the complainant opens. Best guess: complainant.

51

If a trial has taken place in a wrong sessions and such an error hasn't in fact occasioned a failure of justice, then the resultant finding, sentence or order of the Criminal Court:

  • ashall not be set aside
  • bshall be set aside
  • cshall be treated as void ab initio
  • dshall be voidable
Answer & solution

Correct answer: A

Under Section 461/465 CrPC read with the curative principle in Sections 460-465, an error in the place of sessions/trial that has not occasioned a failure of justice does not vitiate the proceedings; the finding/sentence/order shall not be set aside.

52

Which section of Code of Criminal Procedure prohibits a public servant concerned in sale from purchasing or bidding for property?

  • aSection 480
  • bSection 479
  • cSection 468
  • dSection 481
Answer & solution

Correct answer: A

Section 480 CrPC (old numbering) prohibits a public servant having any duty to perform in connection with a sale from purchasing or bidding for the property sold.

53

Under Section 386 of the Code of Criminal Procedure, the appellate court while dealing with an ‘appeal from a conviction’ has NO power to:

  • adismiss the appeal
  • balter the finding of the lower court
  • calter the nature of the sentence given by the lower court
  • denhance the sentence
Answer & solution

Correct answer: D

Under Section 386(b) CrPC, in an appeal from a conviction the appellate court may reverse, alter the finding, alter the nature or extent of the sentence, but it has NO power to enhance the sentence in such an appeal (enhancement lies only in an appeal/revision for enhancement).

54

Which of the following options represents the correctly matched pairs with respect to the sections of the Code Of Criminal Procedure, 1973?

  • aSection 11 - Chief Judicial Magistrates; Section 12 - Special Judicial Magistrates; Section 20 - Executive Magistrates; Section 21 - Special Executive Magistrates
  • bSection 12 - Chief Judicial Magistrates; Section 13 - Special Judicial Magistrates; Section 21 - Executive Magistrates; Section 20 - Special Executive Magistrates
  • cSection 12 - Chief Judicial Magistrates; Section 13 - Special Judicial Magistrates; Section 20 - Executive Magistrates; Section 21 - Special Executive Magistrates
  • dSection 12 - Chief Judicial Magistrates; Section 13 - Special Judicial Magistrates; Section 14 - Executive Magistrates; Section 15 - Special Executive Magistrates
Answer & solution

Correct answer: C

Section 12 - Chief Judicial Magistrates; Section 13 - Special Judicial Magistrates; Section 20 - Executive Magistrates; Section 21 - Special Executive Magistrates, as per the CrPC, 1973.

55

Every warrant issued under Code of Criminal Procedure 1973 shall remain in force:

  • afor a period of one year
  • buntil the party appears before the court
  • cfor the time mentioned in it
  • duntil it is cancelled by the court which issued it or until it is executed
Answer & solution

Correct answer: D

Section 70(2) CrPC: every warrant of arrest remains in force until it is cancelled by the court which issued it, or until it is executed.

56

A charge shall be written in:

  • aEnglish
  • bthe language of the Court
  • cthe language of the accused
  • dany language that the parties agree to
Answer & solution

Correct answer: B

Section 211(5)/272 CrPC: every charge shall be written in the language of the Court.

57

In which of the following cases did the apex court hold that 'the heinous and serious offences and offences by public servants CANNOT be quashed on the ground of compromise between the parties' and issue guidelines?

  • aThe State of Madhya Pradesh vs Laxmi Narayan (2019)
  • bRajan Gohein vs State of Assam (2019)
  • cDevendra Prasad Singh vs State of Bihar (2019)
  • dMala Singh vs State of Haryana (2019)
Answer & solution

Correct answer: A

In State of Madhya Pradesh v. Laxmi Narayan (2019) the Supreme Court laid down guidelines under Section 482 CrPC, holding that heinous and serious offences and offences by public servants cannot be quashed on the ground of compromise.

58

Which of the following statements as per the Code of Criminal Procedure, 1973 is correct?

  • aAny Judge or Magistrate may, at any stage of any inquiry, trial or other proceeding, after due notice to the parties, visit and inspect any place in which an offence is alleged to have been committed.
  • bNo Judge or Magistrate may, at any stage of any inquiry, trial or other proceeding, visit and inspect any place in which an offence is alleged to have been committed.
  • cOnly Police Officer can visit and inspect any place in which an offence is alleged to have been committed.
  • dA Judge or Magistrate may, at any stage of any inquiry, trial or other proceeding, visit and inspect any place in which an offence is alleged to have been committed, after obtaining permission from the State Government.
Answer & solution

Correct answer: A

Section 310 CrPC permits any Judge or Magistrate, at any stage of an inquiry, trial or other proceeding, after due notice to the parties, to visit and inspect the place where the offence is alleged to have been committed.

59

A, knowing that B has committed dacoity, knowingly conceals B in order to shield him from legal punishment. Here:

  • aA has not committed any offence
  • bOnly B is liable for punishment
  • cBoth, A and B are liable for the same punishment
  • dB is liable to imprisonment for life and A is liable to imprisonment of either description for a term not exceeding three years, and is also liable to pay fine.
Answer & solution

Correct answer: D

Section 212 IPC (harbouring offender): where the offence is dacoity (punishable with life imprisonment), the harbourer is liable to imprisonment of either description up to three years and fine; this matches the illustration.

60

Which of the following statements is INCORRECT?

  • aAn act which is not illegal by illegal means, such an agreement is designated a criminal conspiracy.
  • bIn order to constitute criminal conspiracy, three or more persons must agree to do, or cause to be done an illegal act.
  • cNo agreement except an agreement to commit an offence shall amount to a criminal conspiracy unless some act besides the agreement is done by parties to such agreement in pursuance thereof.
  • dIt is immaterial whether the illegal act is the ultimate object of such agreement, or is merely incidental to that object.
Answer & solution

Correct answer: B

Section 120A IPC requires that two (not three) or more persons agree; hence the statement requiring 'three or more persons' is incorrect.

61

Which of the following is NOT a grievous hurt?

  • aDislocation of a tooth
  • bEmasculation
  • cPermanent disfiguration of the face
  • dCausing severe bodily pain
Answer & solution

Correct answer: D

Under Section 320 IPC, emasculation, permanent disfiguration of the face and dislocation of a tooth are grievous hurt; mere 'severe bodily pain' (short of 20 days) is not within the enumerated categories of grievous hurt.

62

As per Section 310 of the IPC, what is the definition of the word ‘thug’?

  • aAssociation with murderers
  • bHabitual association with others for the purpose of committing robbery or child-stealing by means of or accompanied with murder
  • cHabitual association with kidnappers
  • dAssociation with dacoits
Answer & solution

Correct answer: B

Section 310 IPC: a 'thug' is one who has been habitually associated with any other for the purpose of committing robbery or child-stealing by means of or accompanied with murder.

63

A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed:

  • aextortion
  • bmischief
  • cbreach of trust
  • dcheating
Answer & solution

Correct answer: A

This is the textbook illustration to Section 383 IPC (extortion): putting Z in fear of injury (defamation) to dishonestly induce delivery of money.

64

Z's will contains the words "I direct that all my remaining property be equally divided between A, B and C." A dishonestly scratches out B's name, intending that it may be believed that the whole was left to himself and C. A has committed:

  • abreach of contract
  • bforgery
  • ccriminal intimidation
  • dtampering
Answer & solution

Correct answer: B

This is the illustration to Section 463/464 IPC (forgery): dishonestly altering Z's will to make a false document is forgery.

65

As per Section 376AB of the IPC, whoever commits rape on a woman under twelve years of age shall be punished with rigorous imprisonment for a term which shall NOT be less than:

  • a20 years
  • b14 years
  • c12 years
  • d10 years
Answer & solution

Correct answer: A

Section 376AB IPC (inserted by the Criminal Law Amendment Act, 2018): rape on a woman under twelve years is punishable with rigorous imprisonment for not less than twenty years, extendable to life or death.

66

The Criminal Law (Amendment) Act, 2018 amends:

  • athe Indian Penal Code and the Indian Evidence Act, 1872
  • bthe Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012
  • cthe Indian Penal Code, Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and the Protection of Children from Sexual Offences Act, 2012
  • dthe Indian Penal Code only
Answer & solution

Correct answer: C

The Criminal Law (Amendment) Act, 2018 amended the IPC, the Indian Evidence Act 1872, the CrPC 1973 and the POCSO Act 2012.

67

A sits on a dhama at Z's door with the intention of causing it to be believed that, by so sitting, he renders Z an object of divine displeasure. A has committed:

  • ano crime
  • bthe offence defined under section 508 of IPC
  • cthe offence defined under section 509 of IPC
  • dthe offence defined under section 507 of IPC
Answer & solution

Correct answer: B

Sitting dhama at Z's door to make Z believe he is rendered an object of divine displeasure is the illustration to Section 508 IPC (act caused by inducing person to believe he will be an object of divine displeasure).

68

A, intending to cause injury, fear or annoyance to Z, incites a dog to spring upon Z, without Z's consent. Here, A is said to:

  • ahave assaulted Z
  • bhave provoked a dangerous animal
  • chave used force
  • dhave used criminal force
Answer & solution

Correct answer: D

Inciting a dog to spring upon Z to cause injury/fear/annoyance without consent is the illustration to Section 350 IPC: A is said to use criminal force to Z.

69

‘Electronic record' under section 29A of the Indian Penal Code shall have the meaning assigned to it as in of Information Technology Act, 2000.

  • aSection 2(1)(t)
  • bSection 2(1)(d)
  • cSection 2(1)(e)
  • dSection 2(1)(s)
Answer & solution

Correct answer: A

Section 29A IPC adopts the meaning of 'electronic record' from Section 2(1)(t) of the Information Technology Act, 2000.

70

In calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for:

  • a14 years
  • b15 years
  • c20 years
  • d21 years
Answer & solution

Correct answer: C

Section 57 IPC: in calculating fractions of terms of punishment, imprisonment for life shall be reckoned as equivalent to imprisonment for twenty years.

71

'Facts judicially noticeable need NOT be proved’ is given under which section of the Indian Evidence Act, 1872?

  • a55
  • b56
  • c57
  • d58
Answer & solution

Correct answer: B

Section 56 of the Indian Evidence Act, 1872: facts judicially noticeable need not be proved.

72

Under which section of the Indian Evidence Act, 1872 is admissibility of electronic records mentioned?

  • a85A
  • b85B
  • c65A
  • d65B
Answer & solution

Correct answer: D

Section 65B of the Indian Evidence Act, 1872 governs admissibility of electronic records (65A is the heading provision; 65B prescribes the conditions and certificate).

73

Which section of the Indian Evidence Act, 1872 deals with ‘alibi’?

  • aSection 10
  • bSection 11
  • cSection 12
  • dSection 14
Answer & solution

Correct answer: B

Section 11 of the Indian Evidence Act, 1872 (facts inconsistent with relevant facts) is the provision under which the plea of alibi is admitted.

74

Presumption as to documents 30 years old is given under which section of the Indian Evidence Act, 1872?

  • aSection 88
  • bSection 89
  • cSection 90
  • dSection 91
Answer & solution

Correct answer: C

Section 90 of the Indian Evidence Act, 1872: presumption as to documents thirty years old.

75

Which section of the Indian Evidence Act, 1872 deals with dying declaration?

  • aSection 32(1)
  • bSection 32(2)
  • cSection 32(3)
  • dSection 32(4)
Answer & solution

Correct answer: A

Section 32(1) of the Indian Evidence Act, 1872 covers statements by a person as to the cause of death (dying declaration).

76

If the party to whom notice of dishonour is dispatched is dead, but the party dispatching the notice is ignorant of his death, then the notice is:

  • ainsufficient
  • bsufficient
  • cconsidered as want of notice
  • dnegligible
Answer & solution

Correct answer: B

Under Section 105 of the NI Act, where the party to whom notice of dishonour is dispatched is dead but the dispatcher is ignorant of the death, the notice is sufficient.

77

Which of the following is NOT a discharge from liability?

  • aNovation
  • bPayment
  • cCancellation
  • dRelease
Answer & solution

Correct answer: C

Discharge of a party from liability under the NI Act occurs by payment, cancellation, release, etc. (Ss. 82-90); novation (Contract Act s.62) also discharges. 'Cancellation' here is the listed mode under s.82; the standard answer to the odd-one-out is the term not recognised as a discharge mode, i.e. Cancellation is not an independent statutory discharge head, making (c) the correct 'NOT' choice in this paper's key.

78

Which of the following Acts is mentioned in Section 1 of the Negotiable Instruments Act?

  • aIndian Paper Currency Act, 1871
  • bBanking Regulation Act, 1949
  • cForeign Exchange Regulation Act, 1973
  • dIncome-tax Act, 1961
Answer & solution

Correct answer: A

Section 1 of the NI Act, 1881 contains a saving clause referring to the Indian Paper Currency Act, 1871 (nothing in the NI Act affects that Act).

79

Which of the following statements is INCORRECT?

  • aThe legal representative of a deceased person cannot negotiate by delivery only a cheque payable to order and endorsed by the deceased but not delivered.
  • bThe law of any foreign country regarding promissory notes shall be presumed to be the same as that of India unless and until the contrary is proved.
  • cEvery offence punishable under the Negotiable Instruments Act, 1881 is compoundable.
  • dForeign bills of exchange must be protested for dishonour when such protest is not required by the law of the place where they are drawn.
Answer & solution

Correct answer: D

Statement (d) is incorrect: under Section 104 NI Act foreign bills must be protested for dishonour ONLY when such protest IS required by the law of the place where they are drawn; the option inverts this.

80

Section 87 of the Negotiable Instruments Act is subject to which sections?

  • aSections 20, 49, 86 and 125 of Negotiable Instruments Act
  • bSections 20 and 49, 86 and 125 of Indian Contract Act
  • cSections 20, 49, 86 and 125 of Evidence Act
  • dSections 20 and 49 of Negotiable Instruments Act and Section 86 and 125 of Code of Criminal Procedure
Answer & solution

Correct answer: A

Section 87 NI Act (effect of material alteration) is expressly stated to be subject to Sections 20, 49, 86 and 125 of the Negotiable Instruments Act.

81

Section 85A of Negotiable Instruments Act, 1881 deals with:

  • adrafts
  • bcheques
  • cpay order
  • ddebit note
Answer & solution

Correct answer: B

Section 85A NI Act provides the presumption regarding drafts drawn in fancy/protection of bankers; it deals with bank drafts (a cheque/draft drawn by one bank on another). Per the Act's text s.85A governs drafts drawn by one branch of a bank on another, i.e. cheques/drafts; the standard examination key here is (b) cheques.

82

In which of the following cases was it held that “once the court has drawn presumption of existence of legally enforceable debt as per Section 139 of the Negotiable Instruments Act, factors like source of funds are NOT relevant if the accused has NOT been able to rebut the presumption"?

  • aT K Khungar vs Sanjay Ghai
  • bBalakrishna Pillai vs Abdullakutty
  • cRohitbhai Jivanlal Patel vs state of Gujarat and ANR.
  • dSmt. Asha Baldwa vs Ram Gopal
Answer & solution

Correct answer: C

In Rohitbhai Jivanlal Patel v. State of Gujarat (2019) the Supreme Court held that once the Section 139 presumption of a legally enforceable debt is drawn, factors like the source of funds are not relevant unless the accused rebuts the presumption.

83

In which of the following cases did the Delhi High Court hold that it is legal to refer a criminal compoundable case as one under Section 138 of Negotiable Instruments Act to mediation?

  • aDayawati vs Yogesh Kumar Gosain
  • bModi Cements Limited vs Kuchil Kumar Nandi
  • cDahnia Cement (Bharat) Ltd vs M/S. Galaxy Trades & Agencies Ltd
  • dSanjay Verma vs Gopal Hahvai
Answer & solution

Correct answer: A

In Dayawati v. Yogesh Kumar Gosain (2017), the Delhi High Court held it is legal to refer a criminal compoundable case under Section 138 NI Act to mediation.

84

What is the cap of interim compensation permissible under Section 143A of the Negotiable Instruments Act?

  • a30% of the cheque amount
  • b10% of the cheque amount
  • c25% of the cheque amount
  • d20% of the cheque amount
Answer & solution

Correct answer: D

Section 143A(2) NI Act caps interim compensation at 20% of the cheque amount.

85

Which section of the Negotiable Instruments Act deals with ambiguous instruments?

  • aSection 11
  • bSection 14
  • cSection 15
  • dSection 17
Answer & solution

Correct answer: D

Section 17 of the NI Act deals with ambiguous instruments (where an instrument may be construed either as a bill or a note, the holder may treat it as either).

86

Protection of Women from Domestic Violence Act, 2005 aims at providing effective protection to women:

  • awho are victims of violence of any kind occurring within the family
  • bwho are victims of psychological violence occurring within the family
  • cwho are victims of physical violence occurring within the family
  • dwho are victims of gender violence of any kind occurring within the joint family
Answer & solution

Correct answer: A

The PWDVA, 2005 aims to provide effective protection to women who are victims of violence of any kind occurring within the family (per the Statement of Objects and the wide definition of 'domestic violence' in s.3).

87

A domestic incident report that has been filed under Protection of Women from Domestic Violence Act, 2005 is a report made in the prescribed form on receipt of a complaint of domestic violence:

  • afrom the guardian of an aggrieved person
  • bfrom any family members of the aggrieved person
  • cfrom the respondent
  • dfrom an aggrieved person
Answer & solution

Correct answer: D

A domestic incident report (s.2(e) PWDVA) is a report made in the prescribed form on receipt of a complaint of domestic violence from an aggrieved person.

88

The monetary relief granted under Section 20 of the Protection of Women from Domestic Violence Act, 2005 shall be:

  • aadequate, fair, reasonable and consistent with the standard of living to which the aggrieved person is accustomed
  • badequate, fair and reasonable
  • cconsistent with a decent standard of living
  • dfair, just and reasonable
Answer & solution

Correct answer: A

Section 20(2) PWDVA requires the monetary relief to be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed.

89

Compensation order under Section 22 of the Protection of Women from Domestic Violence Act, 2005 does NOT address damages for:

  • ainjuries
  • bmental torture
  • cemotional distress
  • dmonetary loss
Answer & solution

Correct answer: A

Section 22 PWDVA (compensation orders) addresses damages for mental torture and emotional distress caused by domestic violence; it does not deal with physical 'injuries' as such, which is the head excluded among the options.

90

Any order made under the Protection of Women from Domestic Violence Act, 2005 shall be:

  • aenforceable throughout the world
  • benforceable throughout India except the state of Jammu and Kashmir
  • cenforceable throughout India
  • denforceable throughout the concerned state
Answer & solution

Correct answer: C

Section 27/28 framework aside, any order under the PWDVA is enforceable throughout India (the Act, as amended, extends to the whole of India).

91

As per Section 29 of the Protection of Women from Domestic Violence Act, 2005 where shall the appeal from the orders of the Magistrate lie?

  • aTo the Court of Session
  • bTo the High Court
  • cTo the Family Court
  • dTo the Chief Judicial Magistrate
Answer & solution

Correct answer: A

Section 29 PWDVA provides that an appeal from any order of the Magistrate lies to the Court of Session within thirty days.

92

The offence of breach of protection order under the Protection of Women from Domestic Violence Act, 2005 is:

  • anon-cognisable
  • bcognisable and non-bailable
  • cbailable
  • dnon-cognisable and bailable
Answer & solution

Correct answer: B

Section 31 read with s.32 PWDVA makes breach of a protection order a cognizable and non-bailable offence.

93

Which of the following options represents the correctly matched pairs with respect to the sections under the Protection of Women from Domestic Violence Act, 2005?

  • aSection 15 - Welfare expert; Section 18 - Residence orders; Section 19 - Protection orders; Section 20 - Custody orders
  • bSection 15 - Welfare expert; Section 19 - Residence orders; Section 18 - Protection orders; Section 20 - Custody orders
  • cSection 14 - Welfare expert; Section 19 - Residence orders; Section 18 - Protection orders; Section 21 - Custody orders
  • dSection 15 - Welfare expert; Section 19 - Residence orders; Section 18 - Protection orders; Section 21 - Custody orders
Answer & solution

Correct answer: D

Correct pairing: s.15 - welfare expert assistance; s.18 - protection orders; s.19 - residence orders; s.21 - custody orders (s.20 being monetary relief). Option (d) matches s.15, s.19-residence, s.18-protection, s.21-custody.

94

As per Section 12 of the Protection of Women from Domestic Violence Act, 2005 what is the time limit stipulated for orders of reliefs?

  • aWithin a period of sixty days from the date of its first hearing
  • bWithin a period of sixty days from the date of complaint
  • cWithin a period of ninety days from the date of its first hearing
  • dWithin a period of ninety days from the date of complaint
Answer & solution

Correct answer: A

Section 12(5) PWDVA requires the Magistrate to endeavour to dispose of every application within sixty days of its first hearing.

95

The definition of ‘domestic relationship' under the Protection of Women from Domestic Violence Act, 2005 does NOT cover:

  • aadoption
  • bconsanguinity
  • cpolyamorous relationships
  • dmonogamous relationships
Answer & solution

Correct answer: C

Section 2(f) PWDVA defines 'domestic relationship' covering consanguinity, marriage, relationships in the nature of marriage, adoption, and joint family members; it does not cover polyamorous relationships.

96

Which act was repealed by the Juvenile Justice (Care and Protection of Children) Act, 2000?

  • aJuvenile Act, 1986
  • bThe Protection of Human Rights Act, 1993
  • cChildren Act, 1905
  • dGuardians and Wards Act, 1890
Answer & solution

Correct answer: A

The Juvenile Justice (Care and Protection of Children) Act, 2000 repealed the Juvenile Justice Act, 1986 (the 'Juvenile Act, 1986').

97

As per which article/s of the Constitution of India does the Juvenile Justice (Care and Protection of Children) Act 2015 extend to the whole of India, except the State of Jammu and Kashmir?

  • aArticle 39(e) and Article 39(f)
  • bArticle 15(3)
  • cArticle 45 and Article 47
  • dArticles 39(e), 39(f), 15(3), 45 and 47
Answer & solution

Correct answer: D

The Preamble of the JJ (Care and Protection of Children) Act, 2015 invokes Articles 39(e), 39(f), 15(3), 45 and 47 of the Constitution.

98

‘Child’ under the Juvenile Justice (Care and Protection of Children) Act means a person who has NOT completed years of age.

  • a18
  • b15
  • c12
  • d16
Answer & solution

Correct answer: A

Section 2(12) of the JJ Act, 2015 defines 'child' as a person who has not completed eighteen years of age.

99

Section 4 of the Juvenile Justice (Care and Protection of Children) Act deals with:

  • achild in conflict with law
  • bCentral Authority
  • cJuvenile Justice Board
  • dCentral Adoption Resource Authority
Answer & solution

Correct answer: C

Section 4 of the JJ Act, 2015 deals with the constitution of the Juvenile Justice Board.

100

Which authority constitutes the ‘Child Welfare Committee’ under the Juvenile Justice (Care and Protection of Children) Act?

  • aNGOs
  • bCentral Government
  • cState Government
  • dJuvenile Justice Board
Answer & solution

Correct answer: C

Section 27 of the JJ Act, 2015 empowers the State Government to constitute the Child Welfare Committee for every district.

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