Telangana Judiciary — Prelims 2020
“A” borrows money from “B” and executes a promissory note. C & D stand as surety for the said amount. “A” does not repay the amount and defaults. “B” has the option to:
- aFile a Suit for recovery of money against ”A" only
- bFile a suit against both the ”A“ the principal borrower and C & D. the sureties
- cHe can file a case against the sureties only
- dAny of the above
Answer & solution
Correct answer: D
Under Sec. 128 of the Indian Contract Act the surety's liability is co-extensive with that of the principal debtor; the creditor may proceed against the principal, the sureties, or both at his option. Hence any of the above.
“A” aged 25 years enters into a contract with “B” aged 16 years for supplying goods, the said contract is:
- aVoidable
- bVoid
- cVoidable at the instance of ”B”
- d"B" is obligated to supply the goods
Answer & solution
Correct answer: B
B is a minor (16 years). Per Mohori Bibee v. Dharmodas Ghose and Sec. 11 of the Contract Act, an agreement with a minor is void ab initio, not merely voidable.
“A” appoints “B” as the agent and executes a General Power Attorney to look for prospective buyers and sell the same by executing a Sale Deed on his behalf, “A” dies on 01.01.2020, “B” executes a Sale Deed in favour of “C” on 03.02.2020, the Sale in favour of “C” is:
- aA valid one as "A” has given the General Power Attorney to ”B*\ to act on his behalf
- bIs invalid as ”B” did not have any power to execute the Sale Deed as "A“ has died prior to the execution of the Sale Deed
- cVoidable at the instance of ”C”
- dNone of the above
Answer & solution
Correct answer: B
Under Sec. 201 of the Contract Act, an agency (including a power of attorney) is terminated by the death of the principal. As A died before the sale, B had no authority and the sale to C is invalid.
“A”, who is the owner of the property, is dispossessed from his property by “B”, “A” has the immediate option of:
- aInstituting a suit under Section 6 of the Specific Relief Act
- bFiling a petition before the Government for recovery of possession from *'B“ and handover the same to *'A"
- cIssuing a legal notice under the Land Encroachment Act
- dBoth 2 & 3
Answer & solution
Correct answer: A
A person dispossessed of immovable property without consent and otherwise than in due course of law may recover possession by suit under Sec. 6 of the Specific Relief Act, 1963, without proving title.
“A” has executed a Registered Gift Deed in favour of “B”, but before handing over the physical possession to “B”, “A” expired, the Gift Deed is…
- aA valid Gift Deed
- bAn invalid Gift, as delivery' of property did not take place
- cVoidable at the option of B
- dNone of the above
Answer & solution
Correct answer: A
Under Sec. 123 of the Transfer of Property Act, a gift of immovable property is complete upon registration; physical delivery of possession is not essential. The registered gift deed is valid.
A Decree passed by a competent Civil Court may be executed by
- aBy the Court which passed it
- bBy the Court to which the Decree is sent for execution
- cNeither 1 nor 2
- dEither 1 or 2
Answer & solution
Correct answer: D
Under Sec. 38 CPC, a decree may be executed either by the court which passed it or by the court to which it is sent for execution. Hence either 1 or 2.
Where a Suit is decreed ex-parte against “X”, the remedy available to ”X'' is:
- aFile an appeal before an appellate court
- bFile a petition before the same court to set aside the ex-parte decree
- cFile a review before the same court
- dEither 1 or 2
Answer & solution
Correct answer: D
Against an ex-parte decree the defendant may apply to set it aside under Order IX Rule 13 CPC or file an appeal under Sec. 96(2) CPC; both remedies are available. Hence either 1 or 2.
‘A" files a simple suit for injunction against “B” and along with the Plaint he files a petition for immediately appointing an Advocate Commissioner to verify his possession of the suit property, the said application is liable to be:
- aOrdered, as it is one of the methods to establish possession by
- bDismissed, as "A” has to independently establish his possession over the suit property
- cAt the discretion of the Court, so that it can verify whether ”A" is in possession or not
- dBoth 1 & 2
Answer & solution
Correct answer: B
A commissioner under Order XXVI / Order XXXIX Rule 7 CPC cannot be appointed merely to collect evidence of possession; the plaintiff must independently establish his own possession. The application is liable to be dismissed.
"A" files a suit for declaration of title and recovery of possession against “B". The said Suit is dismissed on merits after due trial. Thereafter “B” dies. “A” files another suit in respect of the same property against the sons of ”B" with the same relief as claimed earlier, the subsequent suit filed against the sons of ”B" is liable to be dismissed as it is hit by principle of...
- aEstoppel
- bRes Judicata
- cLimitation
- dFraud and deceit
Answer & solution
Correct answer: B
The earlier suit was dismissed on merits after trial; a fresh suit on the same cause and property against B's sons (legal representatives/privies) is barred by res judicata under Sec. 11 CPC.
“A” claiming to be a big officer and by playing fraud obtains the consent of “B” for marriage in 2018. Immediately after the marriage “B” comes to know about the fraud played by “A” Thereafter in the year 2020 she institutes a petition for divorce in the family court, the said Divorce Petition is liable to be…
- aDecreed as *'A“ played fraud on "B“ and obtained her consent
- bThe marriage is void because of the fraud played by "A”
- cDismissed as she has filed the Divorce Petition after more than one year of marriage
- dNone of the above
Answer & solution
Correct answer: C
Under Sec. 12(2)(a)(i) of the Hindu Marriage Act, a petition on the ground of fraud must be filed within one year of discovery of the fraud. Filed in 2020 for a 2018 marriage, it is time-barred and liable to be dismissed.
One of the following is not a ground for divorce under Section 13 of the Hindu Marriage Act:
- aIrretrievable break of marriage
- bDesertion
- cCruelty
- dAdultery
Answer & solution
Correct answer: A
Desertion, cruelty and adultery are statutory grounds for divorce under Sec. 13 HMA. Irretrievable breakdown of marriage is NOT a ground recognised under Sec. 13.
“A” enters into an agreement of Sale with “B” for purchase of house property on 01.01.2020, ” B" does not execute the Sale Deed within one month as fixed in the agreement, the period of limitation for filing a Suit for specific performance by “A” against “B” is:
- a3 years date from the date of agreement of Sale
- b3 years from the date when ”B" has refused to execute the Sale Deed
- c6 years from the date of agreement
- d3 years from the expiry of the date fixed in the agreement
Answer & solution
Correct answer: D
Under Article 54 of the Limitation Act, where a date is fixed for performance (here one month from 01.01.2020), the three-year period runs from the expiry of that fixed date.
The theory propounded under Section 52 of the Transfer of Property Act is:
- aTheory of Lis Pendens
- bFraudulent transfer
- cPart performance
- dTransfer in Good Faith
Answer & solution
Correct answer: A
Section 52 of the Transfer of Property Act embodies the doctrine of lis pendens (pendente lite nihil innovetur).
An easement is a right which the owner or possessor of a certain land possesses:
- aOver his own land for the beneficial enjoyment of such a land
- bOver certain other land which is not his own, for the beneficial enjoyment of his own land
- cOver certain other land which the community owns, for the beneficial enjoyment of his own land
- dOver certain other land which should share a common boundary with his own land
Answer & solution
Correct answer: B
Per Sec. 4 of the Indian Easements Act, an easement is a right over land not one's own (the servient heritage) for the beneficial enjoyment of one's own land (the dominant heritage).
What is an important ingredient to claim part performance under Section 53-A of the Transfer of Property Act:
- aWritten agreement
- bPayment in full
- c50% payment
- dWritten agreement, payment in full followed by possession of the transferee
Answer & solution
Correct answer: D
Section 53-A TPA requires a written contract to transfer for consideration, the transferee taking possession (or continuing in possession) in part performance, and readiness/willingness to perform. Option (d) captures the essential ingredients (written agreement + part performance followed by possession).
Under Section 59 of the Registration Act, a document once registered takes effect from:
- aThe date of registration
- bOne month after the date of registration
- cThe date of its execution
- dOne month after the date of execution
Answer & solution
Correct answer: C
Under Sec. 47 of the Registration Act, a registered document operates from the time it would have commenced to operate if no registration were required, i.e., from the date of its execution, not registration.
Who is a Tenant holding over’?
- aPerson having right for grant of lease
- bPerson having subsisting lease
- cPerson whose lease is terminated but continues to be in physical possession
- dTenant paying rent regularly under a subsisting lease
Answer & solution
Correct answer: C
A tenant holding over (Sec. 116 TPA) is one whose lease has been determined/terminated but who continues in possession, with the lessor's assent. Option (c) best describes this.
Inconsistent pleas can be raised:
- aIn the Plaint
- bIn the Written statement
- cCannot be raised in the plaint or written statement
- dNone of the above
Answer & solution
Correct answer: B
Under Order VIII Rule 7 CPC (and Order VI), a defendant may raise inconsistent or alternative pleas in the written statement; a plaintiff cannot found a plaint on mutually destructive inconsistent pleas.
Parents, who are unable to maintain themselves, file maintenance petition against their married and unmarried daughters having sufficient means. Is the maintenance claim of the parents maintainable?
- aMaintainable
- bOnly against married daughter
- cOnly against unmarried daughter
- dNot maintainable
Answer & solution
Correct answer: A
Under Sec. 125 CrPC, 'parents' may claim maintenance from any child having sufficient means; the obligation extends to both married and unmarried daughters (and sons). The claim is maintainable.
The 'Doctrine of Non-Traverse’ is incorporated in:
- aOrder VIII Rule 2 Civil Procedure Code
- bOrder VIII Rule 4 Civil Procedure Code
- cOrder VIII Rule 5 Civil Procedure Code
- dOrder VIII Rule 22 Civil Procedure Code
Answer & solution
Correct answer: C
The doctrine of non-traverse - that allegations not specifically denied are deemed admitted - is incorporated in Order VIII Rule 5 CPC.
An appeal under the Telangana Land Encroachment Act shall be made ordinarily before the expiry of:
- a30 days From the date of order
- b60 days from the date of order
- c90 days from the date of order
- d120 days from the date of order
Answer & solution
Correct answer: B
Under the appeal provision of the Andhra Pradesh/Telangana Land Encroachment Act, 1905, an appeal shall ordinarily be brought within sixty days from the date of the order (excluding time for obtaining a copy).
The exception under Section 27 of the Limitation Act to the general rule that ‘Limitation extinguishes the remedy but not the right’ applies to suit for:
- aPossession of any property
- bCompensation for libel
- cPartition
- dNone of the above
Answer & solution
Correct answer: A
Section 27 of the Limitation Act is an exception to the rule that limitation bars only the remedy: on expiry of the period to sue for possession of property, the right to such property is itself extinguished.
The word ‘conveyance’ is defined in Section 2 (10) of the Indian Stamp Act to include:
- aEvery order of a Civil Court by which property is transferred
- bEvery decree or final order of a Civil Court by which property is transferred
- cEvery preliminary decree for partition
- dEvery final decree for partition
Answer & solution
Correct answer: B
Under the AP/Telangana amendment to Sec. 2(10) of the Indian Stamp Act, 'conveyance' is expanded to include 'every decree or final order of any Civil Court' by which property is transferred or vested.
The liability under Section 138 of the Negotiable Instruments Act, 1881 is in the nature of:
- aVicarious liability
- bStrict Liability
- cBoth A & B
- dNone of the above
Answer & solution
Correct answer: B
The offence under Sec. 138 of the Negotiable Instruments Act is in the nature of strict liability; mens rea is not an essential ingredient once the statutory conditions and presumptions (Secs. 138-139) are met.
Select the correct pairing of the subject and section under Hindu Marriage Act, 1955:
- aLegitimacy of children of void marriages - Section 5
- bPermanent alimony and maintenance - Section 25
- cPunishment for bigamy - section 16
- dCustody of children - section 28
Answer & solution
Correct answer: B
Permanent alimony and maintenance is correctly dealt with under Sec. 25 HMA. The other pairings are wrong (legitimacy of children of void marriages is Sec. 16, bigamy punishment Sec. 17, custody Sec. 26).
According to the Indian Easement Act, 1882 the land for the beneficial enjoyment of which the right exists is called:
- aPrescription
- bServient heritage
- cDominant heritage
- dLicence
Answer & solution
Correct answer: C
Under Section 4 of the Indian Easements Act, 1882, the land for the beneficial enjoyment of which the right exists is the 'dominant heritage'; the land subject to the burden is the 'servient heritage'.
Which of the following provisions of the Code of Civil Procedure 1908 is related to summoning and attendance of witnesses?
- aOrder XVII
- bOrder XIV
- cOrder XV
- dOrder XVI
Answer & solution
Correct answer: D
Order XVI CPC deals with summoning and attendance of witnesses. (Order XIV = settlement of issues; Order XV = disposal at first hearing; Order XVII = adjournments.)
“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 entitled to compensation from legal representative of Y
- bY is bound to give compensation to Z
- cZ is entitled to compensation from the Local Administrator
- dZ is not entitled to compensation from Y
Answer & solution
Correct answer: D
Section 70 of the Contract Act applies only where the act is done non-gratuitously. Since Z intended to act gratuitously, Z is not entitled to compensation from Y.
The rule of Damdupat, which is related to Hindu law of debts, deals with:
- aCosts
- bInterests
- cEvidence
- dExecution
Answer & solution
Correct answer: B
The rule of Damdupat in Hindu law of debts limits interest: the amount of interest recoverable at any one time cannot exceed the principal. It deals with interest.
The properties which are not liable to attachment in execution proceedings are:
- aHundi
- bPromissory notes
- cHouse or other Buildings
- dPernicious
Answer & solution
Correct answer: D
Under the proviso to Section 60 CPC, certain properties are exempt from attachment. Hundis, promissory notes and houses/buildings are attachable; the genuinely non-attachable category here is 'pernicious'/personal-exemption type properties listed in the proviso (the other three are all attachable).
The extent of attachment of salary in execution proceedings other than maintenance proceedings are: Rs. 400 plus 1/10th of the remainder
- aRs. 1000 plus 1/2 of the remainder
- bRs. 1000 plus 2/3rd of the remainder
- cRs. 1000 plus 1/3rd of the remainder
- dNote: For this question, discrepancy is found in question/answer. So, this question is ignored for all candidates.
Answer & solution
Correct answer: B
Under the proviso (i) to Section 60(1) CPC, in execution of a decree other than for maintenance, salary is exempt to the extent of the first one thousand rupees and two-thirds of the remainder; hence the attachable formula corresponds to 'Rs.1000 plus 2/3rd of the remainder' being exempt.
The Court can award interest under Section 34 of the Civil Procedure Code:
- aFrom the date of decree till realisation
- bFrom the date of suit till the date of decree
- cBoth 1 & 2
- dNeither 1 nor 2
Answer & solution
Correct answer: C
Section 34 CPC empowers the court to award interest both pendente lite (from date of suit to date of decree) and future interest (from date of decree till realisation). Both 1 & 2.
Under what circumstances a document can be received at a later stage?
- aIf the genuineness of the document is beyond doubt but is not relevant to decide the real question in controversy
- bIf the genuineness of the document is beyond doubt and is relevant to decide the real question in controversy
- cIf the genuineness of the document is disputed and is not relevant to the matter in controversy
- dAll of the above
Answer & solution
Correct answer: B
A document can be received at a later stage only if its genuineness is beyond doubt and it is relevant to decide the real question in controversy (Order XIII / settled procedure on belated documents).
A suit can be restored under Order IX, Rule 4 of Civil Procedure Code, if dismissal of the Suit is:
- aUnder Order IX, Rule 2 of CPC
- bUnder Order IX, Rule 3 of CPC
- cUnder Order IX, Rule 8 of CPC
- dOnly under 1 & 2
Answer & solution
Correct answer: D
Order IX Rule 4 CPC allows restoration where the suit was dismissed under Rule 2 (failure to pay process fee/serve summons) or Rule 3 (neither party appears). Only 1 & 2.
The maxim “Lex non cogit ad impossibilia” means:
- aLaw compels to perform the impossibilities
- bLaw compels to perform impossible agreements
- cLaw does not compel the performance of impossibilities
- dLaw compels to perform immoral acts
Answer & solution
Correct answer: C
'Lex non cogit ad impossibilia' means the law does not compel the performance of impossibilities.
A minor agreed with ”B” to become the tenant of the house and to pay rent of Rs. 1000-/- including the furniture therein. He paid Rs 500-/- in cash and gave a promissory note for the balance. The minor occupied the premises and used the house and furniture for sometime but refused to pay the remaining balance, can ”B" initiate suit for the remaining balance of Rs. 500/-:
- aThe agreement is void because A is a minor
- bYes, because the agreement is a valid one
- cA is bound to pay the balance because he has executed a promissory note
- dNone of the above
Answer & solution
Correct answer: D
A minor's agreement is void ab initio (Mohori Bibee), so no suit lies on the promissory note/contract for the balance; none of options (a)-(c) correctly states the outcome (B cannot recover, but the reason in (a) is not the legal conclusion sought)—best answer is None of the above. The agreement being void means B's suit for Rs.500 fails.
The concept of 'Contract of Adhesion' relates to which law?
- aSpecific Relief
- bNegotiable Instruments
- cLaw of Maintenance
- dInsurance Law
Answer & solution
Correct answer: D
A 'contract of adhesion' (standard-form, take-it-or-leave-it contract drafted by the stronger party) is classically associated with insurance contracts/insurance law.
'Non est factum' means:
- aInstrument is nothing to act and allows the party to escape performance of the contract
- bContract is fair, valid and has to be performed
- cAgreement is not enforceable
- dNone of the above
Answer & solution
Correct answer: A
'Non est factum' (it is not my deed) is a plea that the executant did not truly consent to the instrument, allowing him to escape performance—the deed is treated as nothing.
How many kinds of adoptions are recognized under the modern Hindu Law? Two kinds of adopted sons
- aThree kinds of adopted sons
- bFive kinds of adopted sons
- cSeven kinds of adopted sons
- dNote: For this question, discrepancy is found in question/answer. So, this question is ignored for all candidates.
Answer & solution
Correct answer: D
Question/answer pairing is broken in the source (stem merged with an option and option (d) is the official 'ignored for all candidates' note). Officially ignored; best-fit substantive answer would be that modern Hindu law recognises essentially one mode of valid adoption.
Is there any limitation prescribed for filing an application under Section 47 of the Civil Procedure Code before the executing Court?
- aThere is no limitation prescribed and an application can be filed at any point of time after the 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: B
An application under Section 47 CPC (executing court) is governed by the Limitation Act—objections relating to execution must be raised within the limitation prescribed for execution proceedings.
A notice under Section 80 (1) of the Civil Procedure Code has to be issued, in case of a suit to be instituted against State Government, to:
- aAny Public Officer of the concerned department
- bOnly Secretary of State in particular department
- cDistrict Collector or Secretary to the Government
- dOnly District Collector
Answer & solution
Correct answer: C
Under Section 80(1) CPC, a suit against a State Government requires notice to a Secretary to that Government or the Collector of the district. District Collector or Secretary to the Government.
An interpleader suit is one:
- aWhere plaintiff has an interest in the subject matter of the suit
- bWhere the defendants only have an interest in the subject matter of the suit
- cWhere plaintiff does not have any interest in the subject matter of the suit
- dWhere plaintiff and defendants both have an interest in the subject matter of the suit
Answer & solution
Correct answer: C
In an interpleader suit (Section 88 CPC / Order XXXV), the plaintiff has no interest in the subject matter; he merely holds it and seeks the court's direction as to which of the rival claimants is entitled.
A suit can be dismissed for nonjoinder or misjoinder of parties:
- aAs and when the Court considers it necessary
- bOnly when the defendant takes specific objection
- cEven if the defendant does not take objection
- dSuo motu, at any time before pronouncement of judgement
Answer & solution
Correct answer: D
Under Order I Rule 9 CPC, no suit shall be defeated by misjoinder/non-joinder of parties (except non-joinder of a necessary party); the court deals with it suo motu, and objections must be raised at the earliest—best answer, the court may address it suo motu at any time before judgment. (Order I Rule 13: objection at earliest opportunity.)
A plaint can be rejected under Order VII Rule 11 of the Civil Procedure Code only:
- aAt the pre-numbering stage
- bAt any stage of the suit
- cAt any time before the settlement of the issues
- dAt any time before the defendant files the written statement
Answer & solution
Correct answer: B
A plaint can be rejected under Order VII Rule 11 CPC at any stage of the suit (Saleem Bhai v. State of Maharashtra).
A counterclaim can be filed by the defendant in respect of cause of action accruing against the plaintiff:
- aOnly before filing of the suit
- bBefore pronouncement of the judgement
- cBefore filing of the suit or after filing of the suit but before the defendant has delivered his defence
- dOnly prior to three years before filing of the suit
Answer & solution
Correct answer: C
Under Order VIII Rule 6A CPC, a counterclaim may be set up in respect of a cause of action accruing before or after filing of the suit but before the defendant has delivered his defence.
A decree of restitution of conjugal rights can be enforced:
- aBy attachment of the property of judgement debtor
- bBy detaining the judgement debtor in civil prison
- cBy attachment of his property of judgement debtor or by detaining him in civil prison
- dInitiating criminal prosecution against the judgement debtor
Answer & solution
Correct answer: A
Under Order XXI Rule 32 CPC, a decree for restitution of conjugal rights is enforced only by attachment of property of the judgment-debtor (not by arrest/detention).
Transferee pendente lite does not have a right to:
- aResist or obstruct an execution of a decree
- bEntitled to resist and obstruct decree by stepping into the shoes of the judgement debtor
- cEntitled to obstruct if he has no knowledge of pendency of suit
- dEntitled to resist and obstruct if substantial hardship is caused to him
Answer & solution
Correct answer: A
A transferee pendente lite is bound by the doctrine of lis pendens (Section 52 TPA) and steps into the shoes of the judgment-debtor; he has no independent right to resist or obstruct execution of the decree.
An act of willful default is committed by the tenant:
- aWhen the rent is not paid for three consecutive months
- bWhen the rent is not paid on the date fixed as per the rental agreement or lease
- cWhen on the date of expiry of 15 days from the date when the lease amount becomes payable
- dOn the expiry of thirty (30) days from the date when the lease amount becomes payable
Answer & solution
Correct answer: B
Wilful default in payment of rent is committed when the tenant fails to pay rent on the date fixed in the rental/lease agreement (default coupled with a dishonest/wilful intention)—option (b).
An appeal under Section 20 of the Telangana Buildings (Lease, Rent & Eviction) Control Act can be filed:
- aAgainst any order passed by the Rent Controller
- bAgainst only final order passed by the Rent Controller
- cAgainst only an eviction order passed by the Rent Controller
- dAgainst an order only having the effect of attaining finality
Answer & solution
Correct answer: A
Section 20 of the Telangana Buildings (Lease, Rent and Eviction) Control Act, 1960 provides an appeal to the appellate authority (Chief Judge, Small Causes Court) against any order passed by the Rent Controller; revision to the High Court lies under Section 22.
The authority under the Land Encroachment Act has to pass order of eviction:
- aBy following provisions of CPC
- bBy following provisions of CPC and Land Encroachment Rules
- cBy following provisions of CPC, Evidence Act, and Land Encroachment Rules
- dBy following only provisions of Land Encroachment Rules
Answer & solution
Correct answer: D
The authority under the Land Encroachment Act passes eviction orders under the summary procedure laid down by the Land Encroachment Act and its Rules, and is not bound to follow the full CPC/Evidence Act procedure—by following only the provisions of the Land Encroachment Rules.
Which of the following is correct?
- aIn case of death of a son, the mother and the father are Class I heirs
- bIn case of death of a son, his wife and children and the mother are Class I heirs
- cIn case of death of a son, the father and the mother are Class I heirs if the son is not survived by wife and children
- dIn case of death of a son, only the father is the Class I heir
Answer & solution
Correct answer: B
Under the Hindu Succession Act, 1956, Class I heirs of a deceased son include his widow, his children (son/daughter), and his mother. The father is a Class II heir, so option (b) correctly lists wife, children and mother as Class I heirs.
For the purpose of claiming interest in coparcenary property by virtue of the Hindu Succession (Amendment) Act, 2005 by a daughter:
- aThe father should be alive before 2005 Amendment Act came into force
- bBoth the daughter and the father should be alive before the 2005 Amendment Act came into force
- cThe father need not be alive
- dThe father should have died between 20.12.2004 and 09.09.2005
Answer & solution
Correct answer: C
Per Vineeta Sharma v. Rakesh Sharma (2020) 9 SCC 1, a daughter's coparcenary right under the amended Section 6 is a right by birth; the father (coparcener) need not have been alive on 9.9.2005 for the daughter to claim coparcenary interest.
By virtue of 2018 Amendment, the discretionary power for granting relief of specific performance under Section 20 of the Specific Relief Act, 1963:
- aHas been modified
- bHas been partly modified
- cRetained
- dSubstituted
Answer & solution
Correct answer: D
The Specific Relief (Amendment) Act, 2018 substituted Section 20 entirely (replacing the court's discretionary power to grant/refuse specific performance with the new 'substituted performance' provision). Hence the old discretionary Section 20 was 'Substituted'.
An agency is terminated:
- aOn the death of the principal only
- bOn the death of principal or agent
- cOn the death of agent only
- dIrrespective of the death of agent
Answer & solution
Correct answer: B
Under Section 201 of the Indian Contract Act, 1872, an agency is terminated by the death (or insanity) of either the principal or the agent.
The issue of limitation can be decided by a civil Court:
- aOnly when limitation is raised as a ground of defence
- bOnly when limitation is raised as a ground of defence in a written statement or orally
- cEven if limitation has not been set up as a defence
- dAt the discretion of the Court
Answer & solution
Correct answer: C
Section 3 of the Limitation Act, 1963 mandates that the court dismiss a suit filed beyond the limitation period even if limitation has not been set up as a defence; the court must consider it suo motu.
Fresh period of limitation would commence under Section 18 of the Limitation Act only if:
- aAcknowledgement of liability is made in writing
- bAcknowledgement is made either orally or in writing
- cAcknowledgement is made impliedly
- dAcknowledgement is made through any mode
Answer & solution
Correct answer: A
Under Section 18 of the Limitation Act, 1963, a fresh period of limitation runs only where the acknowledgement of liability is made in writing and signed by the party (or his agent) before the prescribed period expires.
Under Section 106 of the Transfer of Property Act, lease can be terminated:
- aOnly by a lessee
- bOnly by a lessor
- cOnly by a lessee when there is a valid lease agreement
- dBy lessor or lessee
Answer & solution
Correct answer: D
Section 106 of the Transfer of Property Act, 1882 permits termination of a lease by notice to quit issued by either the lessor or the lessee.
For determination of lease by efflux of time under Section 111 of Transfer of Property Act:
- aA notice of 15 days is required to be issued by the landlord to tenant
- bA notice of 6 months is required to be issued by the landlord to tenant
- cA notice of 15 days is required to be issued by the tenant to landlord
- dNo notice is required to be issued
Answer & solution
Correct answer: D
Under Section 111(a) of the Transfer of Property Act, a lease determines by efflux of time on the expiry of the fixed term, automatically and without any notice to quit.
A Will is a document which is:
- aCompulsorily registrable
- bNeed not be registered
- cCompulsorily registrable under Section 17 of the Registration Act
- dCompulsorily registrable if it is written on a stamp paper
Answer & solution
Correct answer: B
A Will is an optionally registrable document; Section 18 of the Registration Act lists wills as documents whose registration is optional, so a Will need not be registered.
The cause of action for the institution of prosecution for dishonour of cheque after service of notice under Section 138 of the Negotiable Instruments Act arises when the drawer of the cheque fails to make payment within:
- a30 days from the date of receipt of notice
- b45 days from the date of receipt of notice
- c10 days from the date of receipt of notice
- d15 days from the date of receipt of notice
Answer & solution
Correct answer: D
Under Section 138(c) of the Negotiable Instruments Act, the offence is complete (cause of action arises) only if the drawer fails to pay within 15 days of receipt of the statutory demand notice.
A valid promissory note:
- aShould necessarily contain the signatures of the promissor and the promisee
- bNeed not contain any signature
- cShould contain professor's signature
- dShould contain promissee's signature
Answer & solution
Correct answer: A
A promissory note (Section 4, NI Act) must be signed by the maker/promisor; it need not be signed by the payee. Option (a) wrongly requires the promisee's signature too, but among the options the intended key is (a) (signature requirement) — option text is imperfect. Best legal answer: maker's signature is essential.
Sometimes, an accused seeks pardon from the Court and offers to give evidence against all others involved in a crime. He is called:
- aWitness
- bClone
- cApprover
- dNone of the above
Answer & solution
Correct answer: C
An accused who is granted a pardon (Sections 306-307 CrPC) on condition of making a full disclosure and giving evidence against co-accused is called an 'approver'.
The right to private defence is available with respect to:
- aHarm to body
- bHarm to movable property
- cHarm to immovable property
- dAll of the above
Answer & solution
Correct answer: D
Under Sections 97-99 IPC, the right of private defence extends to defence of the body against offences affecting the human body and to defence of property (movable and immovable) against theft, robbery, mischief, trespass etc.
For abetment,
- aIt is necessary that the act abetted should be committed successfully
- bIt is necessary that the act abetted should be committed though unsuccessfully
- cIt is not necessary that the person abetted should be capable of committing an offence under the law or should have the same guilty intention
- dBoth (a) & (b)
Answer & solution
Correct answer: C
Per Explanations to Section 108 IPC, abetment is complete irrespective of success; it is not necessary that the person abetted be capable of committing the offence or have the same guilty intention as the abettor.
Ten persons were charged for offence under section 302/149 IPC, out of which six persons were acquitted, the remaining four… Cannot be convicted for offence under section 302/149 of IPC
- aCannot be convicted for offence under section 302 of IPC
- bCannot be convicted for offence under section 149 of IPC
- cAll the above
- dNote: For this question, discrepancy is found in question/answer. So, this question is ignored for all candidates.
Answer & solution
Correct answer: D
Paper itself notes a discrepancy and this question was ignored for all candidates. (Legally, where six of ten are acquitted leaving only four, conviction under 302/149 cannot stand for want of the requisite five members, supporting option (a).)
‘B' happened to be a member of unlawful assembly. A factional fight ensued during which ‘B’ was injured and retired to the side, later on a man was killed. Whether 'B’ is guilty of murder?
- a'B' is guilty of murder being a member of an unlawful assembly
- b'B' is not guilty of murder as he ceased to be a member of the unlawful assembly at the time when the murder was committed
- c'B' is not guilty of murder though he happened to be a member of an unlawful assembly
- dNone of the above
Answer & solution
Correct answer: B
Vicarious liability under Section 149 IPC attaches only to one who is a member of the unlawful assembly at the time the offence is committed; having retired/ceased to be a member before the killing, 'B' is not guilty of murder.
If the offender does not know that his act is so imminently dangerous that it must, in all probability, cause death he will be guilty of:
- aMurder
- bAttempt to murder
- cCulpable homicide not amounting to murder
- dEither (a) or (b)
Answer & solution
Correct answer: C
Under Section 300 'Fourthly', murder requires knowledge that the act is so imminently dangerous it must in all probability cause death. If the offender lacks that knowledge, the act falls short of murder and is culpable homicide not amounting to murder.
X with the intention of murdering Z, instigates Y, a child below 7 years, to do an act which causes Z’s death. Y in the absence of X in consequence of abetment does the act and thereby causes Z’s death. Now…
- aY is liable for murder and X is liable for abetment
- bY is not liable for murder being wholly incapable, but X is liable for abetment
- cX & Y both are liable under section 302/304 IPC
- dX & Y both are liable for conspiracy to murder of Z
Answer & solution
Correct answer: B
A child below 7 years is doli incapax (Section 82 IPC) and incapable of committing an offence; under Section 108 IPC the abettor X is nonetheless liable for abetment of murder (illustration to Section 108).
During the scuffle between A and B, A gave a blow to the face of B and consequently two teeth of B were broken. In these circumstances A has committed an offence of causing…
- aSimple hurt
- bAttempt to cause culpable homicide not amounting to murder
- cGrievous hurt
- dNo offence at all
Answer & solution
Correct answer: C
Fracture or dislocation of a tooth/bone, or 'permanent disfiguration', is grievous hurt under Section 320 IPC; breaking of two teeth therefore constitutes grievous hurt.
In kidnapping, the consent of a minor is:
- aWholly immaterial
- bPartly immaterial
- cWholly material
- dPartly material
Answer & solution
Correct answer: A
In kidnapping from lawful guardianship (Section 361 IPC), the consent of the minor is wholly immaterial; only the consent of the lawful guardian is relevant.
An employer deducting the employees’ contribution under the Employees Provident Funds and Miscellaneous Provision Act, from the wages payable for credit to the fund, but does not deposit the same with the Fund, is guilty of committing…
- aCriminal misappropriation under section 403 of IPC
- bCriminal breach of trust under section 405 of IPC
- cTheft under section 378 of IPC
- dNo offence
Answer & solution
Correct answer: B
An employer who deducts the employee's PF contribution from wages (holding it in trust) but fails to deposit it with the Fund commits criminal breach of trust under Section 405/406 IPC (per Explanation 1 to Section 405).
Y, a small boy was guarding the field. Z and M outsiders trespassed and started harvesting, on protest by Y they beat him up and hearing his cries, X and P, uncles of Y who were working in different directions, rushed in, one of them X, fired at the trespassers killing one of them and ran away. P was arrested and charged under section 302 of IPC for murder read with section 34. Which of the following statements is correct?
- aHe is liable for murder because of the similar intention of both the brothers
- bHe is liable for murder because of the same intention of both the brothers
- cHe is liable for murder because he was present when his brother fired at the trespassers
- dHe is not liable because there was no common intention to kill
Answer & solution
Correct answer: D
Section 34 IPC requires a prior common intention and participation in furtherance of it. P merely rushed in with X; there was no pre-arranged common intention to kill, so P is not vicariously liable for the murder committed by X.
The difference between section 34 and section 149 of Indian Penal Code is:
- aThat whereas in section 34 there must be at least five persons, section 149 requires only two persons
- bThat section 149 is only a rule of evidence whereas section 34 creates a specific offence and provides for its punishment
- cThat section 34 requires active participation in action whereas section 149 requires mere passive membership of the unlawful assembly
- dThat section 34 need not be joined with the principal offence, whereas section 149 must be combined with the principal offence
Answer & solution
Correct answer: B
Section 34 IPC creates no offence but lays down a principle of joint/constructive liability; Section 149 (unlawful assembly) is essentially a rule creating constructive liability/evidence. The settled distinction is that Section 149 is a rule of evidence while Section 34 only embodies a principle of joint liability — option (b) reflects this (with the conventional framing that 149 is a rule of evidence and 34 a principle of liability).
Which of the following is true as to the standard of proof in criminal and civil proceedings?
- aIn criminal proceedings the standard is beyond reasonable doubt and also in civil proceedings
- bIn criminal proceedings the standard is beyond reasonable doubt while in civil proceedings it is ’upon the balance of probabilities'
- cIn criminal and civil proceedings both it is 'upon the balance of probabilities'
- dIn criminal proceedings it is 'upon the balance of probabilities' while in civil 'beyond reasonable doubt'
Answer & solution
Correct answer: B
In criminal proceedings the standard of proof is 'beyond reasonable doubt', whereas in civil proceedings it is on the 'preponderance/balance of probabilities'.
A dying declaration…
- aCan form the sole basis of conviction without any corroboration by independent evidence
- bCan form the basis of conviction only on corroboration by an independent witness
- cCannot form the sole basis of conviction unless corroborated by an independent witness
- dOnly (2) & (3)
Answer & solution
Correct answer: A
Per Khushal Rao v. State of Bombay and consistent Supreme Court authority, a dying declaration, if found truthful and voluntary, can form the sole basis of conviction without any corroboration.
A disputed handwriting can be proved…
- aBy calling an expert
- bBy examining a person acquainted with the handwriting of the writer of the questioned document
- cBy comparison of the two - admitted & disputed
- dAll the above
Answer & solution
Correct answer: D
Under the Evidence Act, disputed handwriting can be proved by an expert (s.45), by a witness acquainted with the handwriting (s.47), and by comparison of admitted and disputed writing (s.73). All methods are valid.
Presumption under section 114 of the Evidence Act can be raised having regard to the common course of…
- aNatural events
- bHuman conduct
- cPublic and private business
- dAll of the above
Answer & solution
Correct answer: D
Section 114 of the Evidence Act permits the court to presume the existence of facts having regard to the common course of natural events, human conduct, and public and private business.
Estoppel…
- aIs a cause of action in itself
- bCreates a cause of action
- cBoth (1) & (2) are correct
- dNeither (1) nor (2) is correct
Answer & solution
Correct answer: D
Estoppel under s.115 of the Evidence Act is only a rule of evidence; it is neither a cause of action in itself nor does it create one. It can be used as a shield, not a sword.
First Information Report is not substantive evidence, it can be used during trial…
- aTo corroborate the informant
- bTo contradict the informant
- cBoth (1) & (2)
- dNeither (1) nor (2)
Answer & solution
Correct answer: C
An FIR is not substantive evidence; it may be used to corroborate the informant under s.157 and to contradict the informant under s.145 of the Evidence Act.
After completion of investigation, the police are to submit a final report to the Magistrate. The Magistrate…
- aIs bound by the conclusions drawn by the police and accept the same if the police recommended that there is no sufficient ground for proceeding further
- bIs not bound by the conclusions drawn by the police and may order further investigation
- cMay issue a process against the accused person(s)
- dBoth (2) & (3)
Answer & solution
Correct answer: D
On a final/closure report, the Magistrate is not bound by the police conclusion; he may order further investigation or, disagreeing, take cognizance and issue process against the accused (Bhagwant Singh v. Commissioner of Police).
Upon the report being forwarded under section 173 (2) of Cr.P.C., to the Magistrate for dropping of proceedings, before deciding not to take cognizance the Magistrate...
- aMust give notice to and provide the informant an opportunity of being heard
- bNeed not give notice to and provide the information an opportunity of being heard at all
- cMay or may not give notice to and provide the information an opportunity of being heard, depending on the facts and circumstances
- dBoth (2) & (3)
Answer & solution
Correct answer: A
Where a closure report under s.173(2) recommends dropping proceedings, the Magistrate must give notice to and hear the informant before accepting it and declining cognizance (Bhagwant Singh v. Commissioner of Police, 1985).
Under section 313 of Cr.P.C., the statement of the accused…
- aHas to be recorded on oath
- bHas to be recorded without oath
- cEither on oath or without oath depending on whether the case is a summons trial or a warrant trial
- dEither on oath or without oath as per the discretion of the Court
Answer & solution
Correct answer: B
Under s.313(2) Cr.P.C., no oath shall be administered to the accused when examined; the statement is recorded without oath.
Legal effect of withdrawal of prosecution is…
- aAcquittal irrespective of whether the charge has been framed or not
- bAcquittal when made after the framing of charge(s), and discharge if made before the framing of charge(s)
- cDischarge irrespective of the stage at which the case is pending
- dEither (1) or (2)
Answer & solution
Correct answer: B
Under s.321 Cr.P.C., withdrawal of prosecution results in discharge if made before framing of charge, and acquittal if made after the charge is framed.
Power under section 319 Cr.P.C., can be exercised…
- aBy the Magistrate and the Court of Sessions both only after recording of evidence during the inquiry or trial
- bBy the Magistrate before recording of evidence but by the Court of Sessions only after recording of evidence
- cBy the Magistrate and the Court of Sessions both even before recording of evidence
- dBy the Magistrate only after recording of evidence but by the Court of Sessions before recording of evidence
Answer & solution
Correct answer: C
Per Hardeep Singh v. State of Punjab (2014), the word 'evidence' in s.319 includes material in the course of inquiry/trial, and the power can be exercised even on the basis of material before evidence is formally recorded; the Constitution Bench held both Magistrate and Sessions Court may exercise it. Among the options, (c) best reflects that the power is not confined to post-evidence stage.
In the context of the exception of grave and sudden provocation, which of the following is correct?
- aProvocation should not be voluntarily provoked by the offender
- bLawful exercise of the right of private defence does not give provocation
- cLawful exercise of powers by a public servant in obedience to the law does not amount to provocation
- dAll the above
Answer & solution
Correct answer: D
Exception 1 to s.300 IPC expressly contains all three provisos: provocation not voluntarily sought by the offender, lawful exercise of the right of private defence does not give provocation, and lawful acts of a public servant in obedience to law do not amount to provocation.
Secondary evidence is admissible…
- aWhere the non-production of primary evidence has not been accounted for
- bWhere the non-production of primary evidence has been accounted for
- cIrrespective of whether the production of primary evidence has been accounted for or not
- dBoth (1) & (3) are correct
Answer & solution
Correct answer: B
Under s.65 of the Evidence Act, secondary evidence is admissible only where the non-production of the primary (original) evidence has been satisfactorily accounted for.
P, a police officer, has a warrant for the arrest of A. He asks X to identify A. X knowingly tells P that Z is A and consequently P arrests Z.
- aX is guilty of abetment by instigation
- bX is guilty of abetment of any kind only of mischief
- cX is guilty of abetment by aiding
- dX is guilty of abetment of false representation.
Answer & solution
Correct answer: A
This is the illustration to s.107 IPC (abetment by instigation): X knowingly mis-identifies Z as A, instigating the officer's wrongful arrest, making X guilty of abetment by instigation.
A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree out of Z’s possession, without Z’s consent. Before removing the tree from Z’s ground, A was caught. What is the offence committed by A?
- aTheft
- bAttempt to commit theft
- cCheating
- dNone of the above
Answer & solution
Correct answer: A
Under s.378 IPC, the moment A severs the tree dishonestly intending to take it, the movable property is moved out of Z's possession and theft is complete; removal from the premises is not required (Explanation to s.378).
A finds a gold chain on the floor of a private bus, while he was leaving it as last passenger, he picked it up and put it in his pocket with an intention to return it to the bus authorities. However, on the next date, he sold it. A is liable for:
- aExtortion
- bCriminal misappropriation
- cCriminal breach of trust
- dTheft
Answer & solution
Correct answer: B
A took the found chain with honest intent to return it, so no theft; but his later sale, converting it to his own use, constitutes criminal misappropriation under s.403 IPC.
Where a witness is called by the Court as a Court witness, a previous statement made by him to the police can:
- aNot be used either by the accused or by the prosecution for any purpose
- bBe used by the accused for contradicting such witness
- cBe used by the prosecution for contradicting such witness with the permission of the Court
- dNone of the above is correct.
Answer & solution
Correct answer: C
A police statement (s.162 Cr.P.C. bar) of a court witness can be used by the prosecution to contradict him only with the leave of the Court (proviso to s.162(1)).
Section 164 of Cr.P.C. provides for recording of:
- aConfession and statement by an accused person
- bStatements of witnesses only
- cConfession by accused persons and statements by any person other than the accused
- dConfession by accused persons and statements by any person including an accused.
Answer & solution
Correct answer: D
Section 164 Cr.P.C. empowers a Magistrate to record confessions of accused persons and statements of any person, which includes statements of an accused who is not making a confession.
Compounding of offences under Section 320 of Cr.P.C., results in
- aDischarge of the accused where the charge is not framed
- bAcquittal of the accused under all circumstances
- cAcquittal of the accused only where the charge has been framed
- dNone of the above is correct
Answer & solution
Correct answer: D
Under s.320(8) Cr.P.C., the composition of an offence has the effect of an acquittal of the accused irrespective of the stage; hence options confining it to charge framing are incorrect, making 'None of the above' correct.
Cross-examination of one’s own witness is:
- aNot permissible
- bPermissible with the consent of the opposite party
- cPermissible
- dPermissible only after obtaining the permission of the Court.
Answer & solution
Correct answer: D
A party may cross-examine his own witness only after the Court declares the witness hostile and grants permission under s.154 of the Evidence Act.
In which section of Indian Evidence Act, 1872, provision for "presumption as to genuineness of certified copies" is given?
- aSection 74
- bSection 78
- cSection 79
- dSection 80
Answer & solution
Correct answer: B
Section 79 of the Evidence Act provides for presumption as to genuineness of certified copies and other documents.
Cognizance of an offence under Section 138 of the Negotiable Instruments Act can be taken by a Court only on a/an:
- aComplaint under Section 142
- bPolice report under Section 142
- cApplication to the Sessions Judge
- dNone of the above
Answer & solution
Correct answer: A
Under s.142 of the Negotiable Instruments Act, cognizance of an offence under s.138 can be taken only on a complaint in writing by the payee/holder, not on a police report.
Under the Protection of Women from Domestic Violence Act, 2005, who can inform about domestic violence to the Protection Officer?
- aAny person
- bRelatives or friends of the aggrieved person
- cAggrieved person
- dParents of the aggrieved person
Answer & solution
Correct answer: A
Under s.4 of the Protection of Women from Domestic Violence Act, 2005, any person who has reason to believe that an act of domestic violence has been or is being committed may give information to the Protection Officer.
Under which provision of the Andhra Pradesh (/Telangana) Excise Act, 1968, the Magistrate has power to issue a warrant of search and arrest of a person?
- aSection 53-A
- bSection 52
- cSection 53
- dSection 54
Answer & solution
Correct answer: C
Section 53 of the Andhra Pradesh (Telangana) Excise Act, 1968 empowers a Magistrate to issue a warrant for search of any place and the arrest of any person reasonably suspected of an excise offence.
What are the penalties prescribed under The Telangana Gaming Act, 1974?
- aShall be punishable with imprisonment for a term which may extend to three months or fine which may extend to three hundred rupees or with both
- bShall be punishable with imprisonment which may extend to one month or with fine which may extend to fifty rupees or with both
- cShall be punishable with imprisonment for a term which may extend to one year or fine which may extend to three thousand rupees or with both
- dBoth (1) and (2)
Answer & solution
Correct answer: B
The general penalty under the Telangana/AP Gaming Act, 1974 (s.3, common gaming house owner/keeper) is imprisonment up to one month or fine up to fifty rupees or both; option (b) matches the statutory penalty.
“Guardian” under the Juvenile Justice (Care and Protection of Children) Act, 2015, means:
- aAny person who is in charge of child
- bA natural guardian of the child
- cOnly (1)
- dBoth (1) and (2)
Answer & solution
Correct answer: D
Section 2(31) of the Juvenile Justice (Care and Protection of Children) Act, 2015 defines 'guardian' as the natural guardian or any other person having actual charge/control of the child and recognised by the Committee/Board, i.e. both (1) and (2).
In whose presence, orders for the destruction of criminal case property (other than valuable property), shall be carried out?
- aChief Ministerial Officer
- bCriminal Bench Clerk
- cNazar of the Court
- dPresiding officer
Answer & solution
Correct answer: D
As per the Criminal Rules of Practice, destruction of case property (other than valuable property) is carried out in the presence of the Presiding Officer of the Court.
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