Telangana Judiciary — Prelims 2023

Correct answer: A

An application under Section 47 CPC (questions on execution/satisfaction/discharge of a decree) has no prescribed period of limitation; the Limitation Act has no specific Article for it and it can be raised at any stage of execution.

Correct answer: D

Section 60(1)(c) CPC exempts from attachment and sale the houses and other buildings (with material and sites) belonging to an agriculturist and occupied by him. Promissory notes, shares and a (non-agriculturist) dwelling house are attachable.

Correct answer: B

Order VII Rule 10 CPC permits return of a plaint for presentation to the proper court at any stage of the suit (Ramesh B. Desai v. Bipin Vadilal Mehta); there is no bar tying it to a particular stage.

Correct answer: A

Under Order XXI Rule 32 CPC, a decree for restitution of conjugal rights (a personal decree) is enforceable only by attachment of the property of the judgment-debtor, not by detention in civil prison.

Correct answer: C

Under the Telangana/AP Buildings (Lease, Rent and Eviction) Control Act, 1960, Section 11(4) directs the Controller, on the tenant's failure to pay/deposit rent during proceedings, to stop all further proceedings and order the tenant to put the landlord in possession (summary eviction).

Correct answer: C

For cheating under Section 415/420 IPC the deception must cause the person to do/omit something causing or likely to cause damage or harm; actual unlawful loss is not an essential ingredient, so the victim may or may not suffer loss.

Correct answer: D

An alternative charge can be framed under Section 306 IPC (abetment of suicide) and Section 304-B IPC (dowry death), as recognised in cases like K. Prema S. Rao and Jasvinder Saini; these are the standard alternative charges in dowry-death prosecutions.

Correct answer: A

Section 141 IPC requires an assembly of five or more persons with a common object; physical presence of five or more persons is necessary to constitute an unlawful assembly.

Correct answer: A

Section 108 of the Indian Evidence Act presumes a person dead if not heard of for seven years by those who would naturally have heard of him had he been alive.

Correct answer: A

Section 116 of the Indian Evidence Act estops a tenant, during the continuance of the tenancy, from denying that the landlord had title at the beginning of the tenancy.

Correct answer: D

Section 13B(1) of the Hindu Marriage Act requires that the parties to a mutual-consent divorce have been living separately for one year or more and have not been able to live together, i.e. no resumption of cohabitation for one year or upwards.

Correct answer: B

Section 24 of the Hindu Marriage Act allows interim maintenance and litigation expenses in any proceeding under the Act, regardless of whether the main relief sought is maintenance.

Correct answer: C

A voidable contract (Section 2(i) read with Sections 19/19A of the Indian Contract Act) is voidable at the option of the party whose consent was not free; that aggrieved party may affirm it, making it enforceable at the option of the promisee/aggrieved party.

Correct answer: D

Article 75 of the Limitation Act, 1963 prescribes one year for a suit for compensation for libel, and Article 76 one year for slander; the limitation for a defamation suit is one year from publication.

Correct answer: B

An order under Section 145 CrPC regarding possession of disputed land/water to prevent breach of peace is summary and only declares possession; it is expressly subject to the decision of a competent civil court in due course of law.

Correct answer: C

Section 468 CrPC bars taking cognizance of an offence after the expiry of the prescribed period of limitation.

Correct answer: B

Sanction under Section 197 CrPC is a condition precedent to the court taking cognizance; it must be obtained before filing the charge-sheet/cognizance, not after.

Correct answer: A

Under Section 2(s) read with Section 17 of the Protection of Women from Domestic Violence Act, 2005, a shared household includes property taken on rent (tenanted) by the respondent or to which he has rights; it is not confined to owned/joint property.

Correct answer: B

Under Section 18 of the Juvenile Justice (Care and Protection of Children) Act, 2015, a child in conflict with law cannot be sentenced to death or life imprisonment without possibility of release; a juvenile cannot be sentenced to imprisonment for life.

Correct answer: D

Section 5 of the Telangana Gaming Act, 1974 declares every offence under the Act to be cognizable and non-bailable.

Correct answer: A

Under Section 4 of the Indian Easements Act, 1882, an easement is a right which the owner/occupier of land possesses for the beneficial enjoyment of that land; it is a right relating to (immovable) land.

Correct answer: B

Section 353 IPC punishes assault or criminal force used to deter a public servant from discharging his duty.

Correct answer: D

Section 362 CrPC bars a court, once it has signed its judgment, from altering or reviewing it except to correct a clerical or arithmetical error; criminal courts have no power of review, so 'None of the above' is correct.

Correct answer: B

Section 319 CrPC empowers the court to summon and add a person as an accused during inquiry or trial if evidence shows he has committed an offence.

Correct answer: D

A court's jurisdiction to entertain a suit is determined by subject-matter, territorial and pecuniary jurisdiction together; hence 'All the above'.

Correct answer: C

Stem couples 'dissolution of partnership' with options; partition suits (Order XX Rule 18) take a preliminary decree, and the official key itself notes ambiguity (option d) awarding full marks. Best substantive answer is partition suit.

Correct answer: C

A plaint is rejected under Order VII Rule 11 CPC (e.g., no cause of action, undervaluation, barred by law).

Correct answer: C

Order VIII Rule 1 CPC fixes the prescribed period for filing the written statement at 30 days from service of summons (extendable up to 90 days for recorded reasons).

Correct answer: C

Under Order VI Rule 1 CPC, 'pleadings' means plaint or written statement; thus pleadings consist of both plaint and written statement.

Correct answer: C

Order IX Rule 13 CPC provides for setting aside an ex parte decree passed against a defendant.

Correct answer: C

An executing court must take the decree as it stands and cannot go behind it; it can neither modify nor vary the decree.

Correct answer: C

In execution (arrest and detention under Section 51/Order XXI CPC), a judgment debtor is committed to civil prison (civil imprisonment), not rigorous/simple criminal imprisonment.

Correct answer: B

Section 100 CPC provides for a second appeal to the High Court on a substantial question of law.

Correct answer: B

Section 148A CPC provides for the filing of a caveat. The OCR-corrupted options show 'Correct Answer: 2', i.e., option b (filing of caveat).

Correct answer: D

Res judicata (Section 11 CPC) rests on the maxim nemo debet bis vexari pro una et eadem causa and on finality of litigation (interest reipublicae ut sit finis litium).

Correct answer: A

Under Section 23 of the Contract Act an agreement opposed to public policy is void/unlawful, so the statement that it is 'enforceable' is incorrect.

Correct answer: D

Section 14 of the Contract Act: consent is free when not caused by coercion, undue influence, fraud, misrepresentation or mistake — hence all the above.

Correct answer: D

A Hindu woman may seek interim maintenance under Section 125 CrPC / Section 18 HAMA, Section 24 HMA, and Section 20 PWDVA — all the above.

Correct answer: D

Section 13B of the Hindu Marriage Act, 1955 provides for divorce by mutual consent.

Correct answer: A

Section 5 of the Limitation Act, 1963 (condonation of delay) applies to appeals and applications, not to suits; among the choices it covers interlocutory applications and appeals.

Correct answer: B

Section 6 of the Specific Relief Act, 1963 requires the suit for possession to be filed within six months from the date of dispossession.

Correct answer: A

A party claiming title by adverse possession must plead and prove it; the burden of proof lies on the plaintiff who sets it up.

Correct answer: B

Repeating another person's statement without personal knowledge is hearsay evidence (options b and c are identical 'Hearsay evidence').

Correct answer: B

Expert opinion under Section 45 of the Evidence Act is only a relevant/advisory piece of evidence, not conclusive proof.

Correct answer: A

Estoppel (Section 115 Evidence Act) is a rule of civil action / civil evidence, operating in civil proceedings.

Correct answer: B

Privileged professional communication under Sections 126-129 of the Evidence Act is between advocate and client.

Correct answer: C

Where documentary proof of age is absent, the court may rely on medical evidence such as the ossification (bone-age) test.

Correct answer: C

Section 65B of the Indian Evidence Act, 1872 governs admissibility of electronic records.

Correct answer: A

In criminal proceedings the prosecution bears the burden of proving the guilt of the accused beyond reasonable doubt (presumption of innocence).

Correct answer: C

The basic structure doctrine was first propounded in Kesavananda Bharati v. State of Kerala (1973).

Correct answer: B

Article 226 empowers High Courts to issue writs; Article 32 is for the Supreme Court.

Correct answer: B

Under Article 56, the President holds office for a term of five years from the date of entering office.

Correct answer: D

Article 60: the oath of office of the President is administered by the Chief Justice of India, or in his absence, the senior-most Judge of the Supreme Court.

Correct answer: C

The Rajya Sabha (Council of States) is the Upper House of Parliament under Article 80.

Correct answer: C

The Constitution of India came into force on 26 January 1950.

Correct answer: A

Per Kesavananda Bharati v. State of Kerala (1973), the Preamble is a part of the Constitution.

Correct answer: A

Article 21 guarantees protection of life and personal liberty.

Correct answer: C

Article 20 protects against ex post facto laws, double jeopardy (Art 20(2)) and self-incrimination; double jeopardy is the listed match.

Correct answer: D

Article 300A states no person shall be deprived of his property save by authority of law (right to property).

Correct answer: B

Fundamental duties under Article 51A are not enforceable by courts.

Correct answer: C

Habeas corpus is available in cases of wrongful deprivation of personal liberty or wrongful/illegal detention.

Correct answer: B

Under Article 124(2), a Supreme Court Judge retires on attaining the age of 65 years.

Correct answer: C

Order 1 Rule 10 CPC permits adding/impleading parties at any stage of the suit to effectively adjudicate the matter.

Correct answer: D

Sections 211-212 CrPC require a charge to state the offence, law/section, time, place and person, in the court's language — all of the above.

Correct answer: D

Section 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.

Correct answer: C

Section 152 CPC allows correction of clerical and arithmetical mistakes (and accidental slips/omissions) in judgments/decrees/orders — both (a) and (b).

Correct answer: C

Section 138 of the Negotiable Instruments Act, 1881 governs dishonour of cheque for insufficiency of funds.

Correct answer: C

Section 3, Limitation Act bars a time-barred suit, but a time-barred debt can be pleaded by way of set-off (the bar applies to suits, not defences/set-off).

Correct answer: B

Whether provocation was grave and sudden (Exception 1 to Section 300 IPC) is a question of fact to be determined on the circumstances of each case (K.M. Nanavati).

Correct answer: A

Options are OCR-garbled (c/d are stray text). The stem lists regular and anticipatory bail; remedy for a child in conflict with law is to approach the Juvenile Justice Board under the JJ Act — best available option is (a).

Correct answer: D

The Presiding Officer of the court administers the oath/affirmation to a witness (Oaths Act, 1969).

Correct answer: D

Legally, Article 135 of the Limitation Act, 1963 prescribes THREE years to enforce a mandatory injunction decree (Babu Singh v. Jalandhar Improvement Trust, SC) — not among the listed options (6/9/10/12). The likely intended key answer is 12 years (Art. 136 execution period). Flagged: no option matches the correct 3-year period.

Correct answer: B

Section 148A CPC: a caveat remains in force for ninety (90) days from the date on which it is lodged.

Correct answer: A

Explanation I to Section 11 CPC: 'former suit' means a suit decided prior to the suit in question, irrespective of dates of institution.

Correct answer: A

Section 80 CPC requires a two months' prior notice to be served before instituting a suit against the Government.

Correct answer: C

On a final report, the Magistrate may either take cognizance and issue process, or, where a closure/refer report is filed, must notice the complainant/informant to permit a protest petition (Bhagwant Singh v. Commissioner of Police). Both courses are correct.

Correct answer: C

Under Section 154 of the Evidence Act, the party calling a witness may cross-examine (put leading/contradictory questions to) its own witness only when the court permits, which is invoked by declaring the witness hostile and obtaining the court's leave.

Correct answer: B

Section 12(5) of the Protection of Women from Domestic Violence Act, 2005 directs the Magistrate to endeavour to dispose of every application within 60 days of its first date of hearing.

Correct answer: C

Section 160 Cr.P.C. empowers the investigating officer to require the attendance of persons acquainted with the facts of the case, i.e. witnesses; an accused cannot be summoned as a witness under this provision.

Correct answer: A

Section 164 Cr.P.C. confessions and statements during investigation are recorded by a Metropolitan or Judicial Magistrate.

Correct answer: D

A valid Test Identification Parade requires a police requisition to the Magistrate, the presence of the accused, and that the identifying witnesses be kept out of the suspect's view beforehand; all the listed pre-requisites apply.

Correct answer: A

Article 123 of the Limitation Act, 1963 prescribes 30 days to apply to set aside an ex parte decree, running from the date of the decree (or knowledge of it).

Correct answer: B

Article 121 of the Limitation Act, 1963 prescribes 60 days to apply for setting aside an abatement (or to revive a suit), running from the date of abatement.

Correct answer: B

A dying declaration, if found voluntary and reliable, can form the sole basis of conviction without corroboration (Khushal Rao v. State of Bombay); the IO cannot discard it, so only (b) is correct.

Correct answer: D

Order VII Rule 11 CPC lists the grounds for rejection of a plaint, including non-disclosure of cause of action and where the suit appears barred by law; failure to file in duplicate (R.11(c)/(d) defects) is also a curable ground covered within the rule, so all the above.

Correct answer: D

Under Section 20 CPC a suit may be instituted where the defendant resides/carries on business or where the cause of action wholly or in part arises; the place where the plaintiff resides is not a ground, so (b) and (c).

Correct answer: B

A statement recorded by police under Section 161 Cr.P.C. is not signed and is inadmissible in evidence (Section 162 Cr.P.C.), except for the limited purpose of contradicting the maker.

Correct answer: D

Section 354D IPC defines stalking to cover following a woman, attempting contact to foster personal interaction despite disinterest, and monitoring her use of internet/email/electronic communication; all the above.

Correct answer: B

Under the proviso to Section 60 CPC, a mere right to sue for damages and similar items are exempt; among the options, cheques (negotiable instruments not yet realised) are not attachable property in the manner land, salary portion, and shares are. (Promissory notes/cheques are not 'saleable property' that can be attached and sold.)

Correct answer: C

Section 438 Cr.P.C. anticipatory bail is expressly barred in POCSO Act cases for offences under Sections 4, 6, 8, 10, 12 (Section 439A / POCSO bar); anticipatory bail is not maintainable in POCSO proceedings.

Correct answer: D

Section 2(c) Cr.P.C. defines a cognizable offence as one for which a police officer may arrest without warrant in accordance with the First Schedule.

Correct answer: C

Section 52 of the Transfer of Property Act (lis pendens) does not prohibit transfer during pendency; a transfer made pendente lite is valid but subject to the rights of the parties as determined by the decree, i.e. subject to certain conditions/the result of the suit.

Correct answer: D

Per T.T. Antony and Babubhai v. State of Gujarat, a second FIR is permissible only where the allegations, complainants, or cause of action differ (a counter-case or distinct occurrence); all the listed situations permit a fresh FIR.

Correct answer: C

Section 3 of the Indian Evidence Act defines 'document' as any matter expressed or described by means of letters, figures or marks, or more than one of them; (a) and (b).

Correct answer: D

Section 102 Cr.P.C. lets a police officer seize any property suspected to be stolen or found in circumstances creating suspicion of an offence; per Vinod Solanki/State of Maharashtra v. Tapas Neogy line, bank accounts are 'property' within Section 102. All the above.

Correct answer: B

Under the Telangana Excise Act, 1968 (Sections 46, 46-A etc.), confiscation orders are passed by the jurisdictional Deputy Commissioner of Prohibition & Excise, whose authority over disposal of confiscated articles is exclusive.

Correct answer: B

A vakalatnama (authority to act) is filed by an advocate only on being engaged/instructed by the client; it is not mandatory in every matter (a party may appear in person) nor ordered by the presiding officer.

Correct answer: D

Under Section 57 CPC and Order XXI Rule 39, where a judgment debtor is detained in civil prison in execution, the subsistence/maintenance allowance must be paid by the decree holder who applies for the arrest.

Correct answer: A

The CPC provides for temporary injunctions (Order XXXIX) and perpetual/permanent injunctions (Section 37 ff., read with the Specific Relief Act); mandatory injunction is a species under the Specific Relief Act, so the CPC framework is permanent and temporary injunctions.

Correct answer: D

Section 114 CPC confers the power of review on the very same court that passed the decree or order; review lies to the same court, not an appellate or higher court.