Uttar Pradesh Judiciary Mock Test 4 — Questions & Solutions
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Which animal has been declared India's 'National Heritage Animal'?
aAsian Elephant
bTiger
cLion
dOne-horned Rhinoceros
Answer: A
The Asian Elephant (Elephas maximus) was declared the National Heritage Animal of India by the MoEF in 2010, on the recommendation of the Standing Committee of the National Board for Wildlife.
India's first national park (now part of a tiger reserve), established in 1936, was originally named which of the following?
aKanha National Park
bHailey National Park
cKaziranga National Park
dBandipur National Park
Answer: B
India's first national park was established in 1936 as Hailey National Park (named after Sir Malcolm Hailey); it was later renamed Corbett National Park.
The Forest (Conservation) Act, which restricts the de-reservation of forests and use of forest land for non-forest purposes, was enacted in which year?
a1980
b1974
c1972
d1986
Answer: A
The Forest (Conservation) Act, 1980 regulates the diversion of forest land for non-forest purposes and requires prior approval of the Central Government.
Which is the highest mountain peak situated entirely within the territory of India (not on any international border)?
aNanda Devi
bK2 (Godwin Austen)
cMount Everest
dKanchenjunga
Answer: A
Nanda Devi (7,816 m) in Chamoli district, Uttarakhand, is the highest peak lying wholly within India; Kanchenjunga lies on the India-Nepal border and K2 lies in the Pakistan/China-administered Karakoram.
Which Indian state shares its boundary with the maximum number of other Indian states?
aMadhya Pradesh
bBihar
cAssam
dUttar Pradesh
Answer: D
Uttar Pradesh borders eight states (Uttarakhand, Himachal Pradesh, Haryana, Rajasthan, Madhya Pradesh, Chhattisgarh, Jharkhand, Bihar) plus the NCT of Delhi and an international border with Nepal.
Which Gupta ruler, celebrated for his extensive conquests recorded in the Allahabad Prashasti, was dubbed the 'Napoleon of India' by historian V.A. Smith?
aSamudragupta
bSkandagupta
cChandragupta I
dKumaragupta
Answer: A
Samudragupta, whose conquests are detailed in the Allahabad Prashasti, was called the 'Napoleon of India'.
Which Tughlaq Sultan is notorious for shifting his capital from Delhi to Daulatabad (Devagiri) and for an ill-fated token (copper) currency experiment?
aFiroz Shah Tughlaq
bNasiruddin Mahmud
cGhiyasuddin Tughlaq
dMuhammad bin Tughlaq
Answer: D
Muhammad bin Tughlaq shifted the capital to Daulatabad and introduced a token copper currency, both of which failed.
The Battle of Talikota (1565), which led to the sacking of Vijayanagara's capital Hampi, was fought against the empire by a confederacy of which states?
aThe Marathas
bThe Deccan Sultanates
cThe Mughals
dThe Portuguese
Answer: B
At Talikota (1565), the combined Deccan Sultanates defeated Vijayanagara and sacked Hampi.
The Battle of Plassey, which laid the foundation of British political power in Bengal, was fought in which year?
a1772
b1764
c1765
d1757
Answer: D
The Battle of Plassey was fought on 23 June 1757 between Robert Clive's East India Company forces and Nawab Siraj-ud-Daulah, whose army was betrayed by Mir Jafar.
After the Battle of Buxar (1764), the East India Company obtained the Diwani (right to collect revenue) of Bengal, Bihar and Orissa from the Mughal Emperor Shah Alam II in which year?
a1757
b1765
c1764
d1772
Answer: B
Following the Company's victory at Buxar (22 October 1764), the Treaty of Allahabad (signed 16 August 1765) granted the Company the Diwani of Bengal, Bihar and Orissa from Mughal Emperor Shah Alam II.
The Revolt of 1857 is generally considered to have begun with the firing on his officers by sepoy Mangal Pandey at which cantonment?
aMeerut
bKanpur
cBarrackpore
dLucknow
Answer: C
Mangal Pandey of the 34th Bengal Native Infantry attacked British officers at Barrackpore on 29 March 1857, an event regarded as a precursor to the wider revolt that erupted at Meerut on 10 May 1857.
During the Revolt of 1857 the rebels proclaimed which person as the symbolic Emperor of India at Delhi?
aNana Sahib
bBahadur Shah Zafar
cTatya Tope
dRani Lakshmibai
Answer: B
On 11 May 1857 the mutineers at Delhi proclaimed the last Mughal ruler Bahadur Shah Zafar (Bahadur Shah II) as Emperor of India, giving the revolt symbolic political legitimacy.
As a direct consequence of the Revolt of 1857, the Government of India Act 1858 transferred the governance of India from the East India Company to the:
aIndian National Congress
bBritish Crown
cBoard of Control
dMughal Emperor
Answer: B
The Government of India Act 1858 abolished the East India Company's rule and transferred power directly to the British Crown, with a Secretary of State for India assuming responsibility.
Who was the first President of the Indian National Congress at its inaugural session held in Bombay in December 1885?
aWomesh Chandra Bonnerjee
bSurendranath Banerjee
cAllan Octavian Hume
dDadabhai Naoroji
Answer: A
The first session of the Indian National Congress (28-31 December 1885) at Bombay was presided over by Womesh Chandra Bonnerjee; A. O. Hume served as General Secretary.
Mahatma Gandhi's first satyagraha in India, launched in 1917 on behalf of exploited indigo cultivators, took place at:
aKheda
bAhmedabad
cChamparan
dBardoli
Answer: C
The Champaran Satyagraha of 1917 in Bihar was Gandhi's first satyagraha in India, aimed at ending the exploitative Tinkathia indigo-cultivation system.
The repressive law of 1919 that allowed detention without trial and provoked nationwide protests preceding the Jallianwala Bagh massacre was the:
aVernacular Press Act
bPitt's India Act
cIlbert Bill
dRowlatt Act
Answer: D
The Rowlatt Act of 1919 permitted detention without trial; Gandhi's nationwide hartal against it on 6 April 1919 set the stage for the unrest at Amritsar.
Mahatma Gandhi suspended the Non-Cooperation Movement in February 1922 following a violent incident at which place in present-day Uttar Pradesh?
aNagpur
bBardoli
cChauri Chaura
dKakori
Answer: C
After a mob set fire to a police station killing policemen at Chauri Chaura (Gorakhpur district) on 4 February 1922, Gandhi called off the Non-Cooperation Movement on 12 February 1922.
The Non-Cooperation Movement launched by Gandhi in 1920 was closely linked with which other contemporaneous movement?
aHome Rule Movement
bKhilafat Movement
cQuit India Movement
dSwadeshi Movement
Answer: B
The Non-Cooperation Movement (1920-22) was launched jointly with the Khilafat Movement, led by the Ali Brothers, to oppose British rule and the dismantling of the Ottoman Caliphate.
Lala Lajpat Rai, who later died of injuries from a police lathi-charge, was leading a protest in 1928 against which body?
aThe Simon Commission
bThe Cabinet Mission
cThe Cripps Mission
dThe Hunter Commission
Answer: A
Lala Lajpat Rai was injured in a lathi-charge while leading an anti-Simon Commission demonstration at Lahore on 30 October 1928 and died on 17 November 1928.
At which session did the Indian National Congress adopt 'Purna Swaraj' (complete independence) as its goal in 1929?
aLahore Session
bCalcutta Session
cNagpur Session
dKarachi Session
Answer: A
At the Lahore Session of December 1929, presided over by Jawaharlal Nehru, the Congress declared 'Purna Swaraj' as its goal, and 26 January 1930 was observed as the first Independence Day.
Mahatma Gandhi began the Dandi Salt March, marking the start of the Civil Disobedience Movement, on:
a8 August 1942
b26 January 1930
c1 August 1920
d12 March 1930
Answer: D
Gandhi began the Salt March from Sabarmati Ashram to Dandi on 12 March 1930, reaching Dandi on 6 April 1930 to break the salt law, launching the Civil Disobedience Movement.
The Quit India Resolution was passed by the All India Congress Committee at its Bombay session on:
a8 August 1942
b9 August 1942
c15 August 1947
d26 January 1930
Answer: A
The AICC passed the Quit India Resolution at Bombay on 8 August 1942, when Gandhi gave the 'Do or Die' call; mass arrests of leaders followed on 9 August 1942.
The famous slogan 'Do or Die' (Karenge ya Marenge) is associated with which movement led by Mahatma Gandhi?
aNon-Cooperation Movement
bCivil Disobedience Movement
cQuit India Movement
dKhilafat Movement
Answer: C
Gandhi gave the 'Do or Die' call in his speech of 8 August 1942 while launching the Quit India Movement, urging Indians to free India or die in the attempt.
Subhas Chandra Bose founded which political organisation in 1939 after resigning from the Congress presidency?
aForward Bloc
bSwaraj Party
cGhadar Party
dHindustan Socialist Republican Association
Answer: A
Subhas Chandra Bose founded the All India Forward Bloc on 3 May 1939 (publicly launched at a rally in Calcutta) after resigning the Congress presidency on 29 April 1939.
Subhas Chandra Bose assumed the leadership of the Indian National Army (Azad Hind Fauj) in 1943 in which city?
aTokyo
bSingapore
cRangoon
dBerlin
Answer: B
In July 1943 Subhas Chandra Bose took command of the Indian National Army at Singapore and there set up the Provisional Government of Free India (Azad Hind) in October 1943.
The plan for the partition of India announced by Lord Mountbatten on 3 June 1947 is commonly known as the:
aWavell Plan
bMountbatten Plan
cAugust Offer
dCripps Proposal
Answer: B
Lord Mountbatten announced the partition plan on 3 June 1947 (the Mountbatten Plan / June 3 Plan), which was codified into the Indian Independence Act 1947.
Under the Indian Independence Act 1947, the partition of British India into the Dominions of India and Pakistan took effect from:
a15 August 1947
b26 January 1930
c26 January 1950
d18 July 1947
Answer: A
The Indian Independence Act 1947 (which received Royal Assent on 18 July 1947) provided that partition into India and Pakistan would take effect from 15 August 1947.
The Swadeshi Movement, emphasising the boycott of British goods and use of indigenous products, arose primarily in response to:
aThe Rowlatt Act
bThe Simon Commission
cThe Partition of Bengal (1905)
dThe Jallianwala Bagh massacre
Answer: C
The Swadeshi Movement was launched in protest against Lord Curzon's Partition of Bengal in 1905, promoting boycott of British goods and use of indigenous products.
The Champaran Satyagraha of 1917 was directed against the exploitative system that forced peasants to grow indigo, known as the:
aRyotwari system
bMahalwari system
cPermanent Settlement
dTinkathia system
Answer: D
The Tinkathia system in Champaran compelled peasants to cultivate indigo on a fixed portion of their land for European planters; Gandhi's satyagraha led to its abolition.
The Indian National Congress observed 26 January 1930 for the first time as:
aRepublic Day
bMartyrs' Day
cIndependence Day (Purna Swaraj Day)
dDirect Action Day
Answer: C
Following the Purna Swaraj resolution at Lahore (1929), the Congress observed 26 January 1930 as the first Independence Day; the date was later chosen for the commencement of the Constitution in 1950.
Which Governor-General is associated with the 'Doctrine of Lapse', a policy of annexation that fuelled discontent leading up to the Revolt of 1857?
aLord Cornwallis
bLord William Bentinck
cLord Canning
dLord Dalhousie
Answer: D
Lord Dalhousie applied the Doctrine of Lapse to annex states such as Satara, Jhansi and Nagpur; this policy contributed to the resentment behind the Revolt of 1857.
Under the Code of Civil Procedure, 1908, the bar of res judicata is contained in which one of the following Sections?
aSection 9
bSection 10
cSection 11
dSection 12
Answer: C
Section 11 CPC embodies the doctrine of res judicata, barring re-litigation of an issue directly and substantially in issue in a former suit between the same parties that has been finally decided. Section 10 deals with the stay of suit (res sub judice).
A suit against the Government cannot be instituted, save as otherwise provided, until the expiration of how many months after written notice under Section 80 of the Code of Civil Procedure, 1908?
aSix months
bThree months
cOne month
dTwo months
Answer: D
Section 80 CPC requires that a suit against the Government or a public officer (for an act done in official capacity) be preceded by a written notice, and no suit may be instituted until two months have expired after delivery of such notice.
Match List-I with List-II and select the correct answer using the code given below the lists:
List-I
(A) Stay of suit
(B) Settlement of disputes outside the court
(C) Restitution
(D) Inherent powers of the court
List-II
1. Section 89 CPC
2. Section 144 CPC
3. Section 10 CPC
4. Section 151 CPC
aA-1, B-3, C-2, D-4
bA-3, B-1, C-4, D-2
cA-3, B-1, C-2, D-4
dA-2, B-1, C-3, D-4
Answer: C
Section 10 deals with stay of suit (res sub judice), Section 89 with settlement of disputes outside the court, Section 144 with restitution, and Section 151 preserves the inherent powers of the court.
Under Section 100 of the Code of Civil Procedure, 1908, a second appeal lies to the High Court only on the ground that the case involves a-
amixed question of fact and law
bsubstantial question of law
cquestion of limitation
dsubstantial question of fact
Answer: B
Section 100 CPC, as amended in 1976, restricts a second appeal to the High Court to cases involving a substantial question of law, which must be formulated by the Court.
Daryao vs. State of U.P., AIR 1961 SC 1457, is a leading case on which one of the following topics?
aPlace of suing
bInherent powers of the court
cForeign judgments
dApplicability of res judicata to writ petitions
Answer: D
In Daryao vs. State of U.P., the Supreme Court held that the general principle of res judicata applies even to writ petitions under Articles 32 and 226, so as to give effect to the finality of decisions.
Which one of the following Sections of the Code of Civil Procedure, 1908, empowers the court to enlarge the period fixed or granted by it for the doing of any act prescribed by the Code?
aSection 151
bSection 148
cSection 149
dSection 150
Answer: B
Section 148 CPC gives the court discretion to enlarge a period fixed or granted by it for doing any act prescribed by the Code, even if the period originally fixed has expired (the amended limit being a maximum of thirty days in total).
Arrange the following provisions in chronological (ascending) order on the basis of their Section numbers in the Code of Civil Procedure, 1908:
I. Restitution
II. Stay of suit
III. Notice to Government
IV. Inherent powers of the court
Select the correct answer using the code below:
aIII, II, I, IV
bII, I, III, IV
cI, II, III, IV
dII, III, I, IV
Answer: D
Stay of suit is Section 10, notice to Government is Section 80, restitution is Section 144, and inherent powers are Section 151; in ascending order this is II (10), III (80), I (144), IV (151).
Under Section 96(3) of the Code of Civil Procedure, 1908, no appeal shall lie from-
aa decree passed with the consent of the parties
ba preliminary decree
can ex parte decree
da decree passed by a court of original jurisdiction
Answer: A
Section 96(3) CPC bars a first appeal from a decree passed by the court with the consent of the parties, this being based on the principle of estoppel.
Provisions relating to 'Suits by Indigent Persons' are contained in which one of the following Orders of the Code of Civil Procedure, 1908?
aOrder XXXV
bOrder XXXII
cOrder XXXI
dOrder XXXIII
Answer: D
Order XXXIII CPC governs suits by indigent persons (formerly suits in forma pauperis), allowing those without sufficient means to institute a suit without paying court fees at the outset.
'A', without ever intending to marry 'B', obtains her consent to sexual intercourse by a false promise of marriage. Such consent is not free consent and 'A' is liable under the Bharatiya Nyaya Sanhita, 2023. Under which section and for what maximum term?
aSection 64, imprisonment for life
bSection 69, imprisonment up to seven years and fine
cSection 69, imprisonment up to ten years and fine
dSection 70, imprisonment up to ten years and fine
Answer: C
Section 69 BNS punishes sexual intercourse obtained by deceitful means, including a false promise of marriage with no intention to fulfil it, with imprisonment up to ten years and fine; the Explanation clarifies that this offence does not amount to rape.
'X', in order to commit theft, suddenly and forcibly grabs a mobile phone from the hand of 'Y' and runs away. Identify the most specific offence and the maximum imprisonment under the Bharatiya Nyaya Sanhita, 2023.
aRobbery, imprisonment up to ten years
bExtortion, imprisonment up to three years
cSnatching, imprisonment up to three years
dTheft, imprisonment up to three years
Answer: C
Section 304 BNS creates the new offence of snatching, where theft is committed by suddenly, quickly or forcibly seizing or grabbing movable property; sub-section (2) prescribes imprisonment which may extend to three years and fine.
Which of the following acts is NOT enumerated as a 'petty organised crime' under Section 112 of the Bharatiya Nyaya Sanhita, 2023?
aUnauthorised selling of tickets
bTheft committed by a member of a group or gang
cCounterfeiting of currency notes
dSelling of public examination question papers
Answer: C
Section 112 BNS lists petty organised crimes such as theft, snatching, cheating, unauthorised selling of tickets, unauthorised betting or gambling, and selling examination papers, when committed by a group or gang; counterfeiting currency is dealt with separately under the BNS and is not a petty organised crime.
Under Section 117(4) of the Bharatiya Nyaya Sanhita, 2023, where a group of five or more persons acting in concert causes grievous hurt to a person on the ground of caste, community or personal belief, each member is liable to imprisonment which may extend to-
afive years
bten years
cseven years
dthree years
Answer: C
Section 117(4) BNS provides that each member of a group of five or more persons causing grievous hurt on such discriminatory grounds shall be punished with imprisonment of either description up to seven years and fine.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of murder is defined in which section, the provision that corresponds to the erstwhile Section 300 IPC?
aSection 101
bSection 103
cSection 105
dSection 100
Answer: A
Section 101 BNS defines murder and corresponds to Section 300 of the repealed IPC; Section 100 defines culpable homicide and Section 103 prescribes the punishment for murder.
'A', intending to cause grievous hurt, gives 'Z' a single spear blow on the abdomen which is sufficient in the ordinary course of nature to cause death, and 'Z' dies. Applying the principle in Virsa Singh v. State of Punjab under clause 'thirdly' (now Section 101 BNS), 'A' is guilty of-
amurder, since the injury intentionally inflicted was sufficient in the ordinary course of nature to cause death
bcausing death by negligence under Section 106 BNS
cvoluntarily causing grievous hurt only
dculpable homicide not amounting to murder, as he intended only grievous hurt
Answer: A
Virsa Singh held that under clause 'thirdly' it is enough that the particular injury was intentionally inflicted and was objectively sufficient in the ordinary course of nature to cause death; a separate intention to cause death need not be proved.
Under the Bharatiya Nyaya Sanhita, 2023, when a group of five or more persons acting in concert commits murder on the ground of caste, the minimum sentence prescribed in such a case is-
aimprisonment of not less than five years
bimprisonment of not less than seven years
cimprisonment of not less than three years
dimprisonment for life only
Answer: B
The proviso introduced by Section 103(2) BNS punishes mob/group murder on grounds such as caste, race, community, sex or language with death or imprisonment for life or imprisonment of not less than seven years.
Which of the following statements regarding culpable homicide and murder under the Bharatiya Nyaya Sanhita, 2023 is correct?
aMurder is the genus and culpable homicide is the species
bAll culpable homicide is murder, but the converse is not true
cCulpable homicide is the genus and murder is the species
dThe two offences are mutually exclusive categories
Answer: C
As under the old IPC scheme, culpable homicide (Section 100 BNS) is the genus and murder (Section 101 BNS) is the species; every murder is culpable homicide, but not every culpable homicide is murder.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of snatching - introduced for the first time as a distinct offence from theft - is dealt with in-
aSection 309
bSection 303
cSection 304
dSection 308
Answer: C
Section 304 BNS for the first time carves out 'snatching' as an offence distinct from theft, where the offender suddenly, quickly or forcibly seizes movable property; theft is defined in Section 303.
Under the Bharatiya Nyaya Sanhita, 2023, robbery becomes dacoity when the number of persons conjointly committing or attempting to commit the robbery is-
afour or more
bseven or more
cfive or more
dthree or more
Answer: C
Under Section 310 BNS, when five or more persons conjointly commit or attempt to commit a robbery, the offence becomes dacoity; robbery itself is defined under Section 309.
'A', a child aged six years, picks up and carries away a gold ring belonging to 'B'. Under the general exceptions of the Bharatiya Nyaya Sanhita, 2023, 'A'-
acommits no offence, being a child under seven years of age
bcommits no offence only if under three years of age
cis guilty only if he had attained sufficient maturity of understanding
dis guilty of theft, age being irrelevant
Answer: A
Section 20 BNS provides that nothing is an offence which is done by a child under seven years of age (doli incapax); maturity of understanding is relevant only for a child above seven and below twelve under Section 21.
The defence of unsoundness of mind, which exempts a person incapable of knowing the nature of his act or that it is wrong or contrary to law, is contained in which section of the Bharatiya Nyaya Sanhita, 2023?
aSection 20
bSection 45
cSection 34
dSection 22
Answer: D
Section 22 BNS embodies the defence of unsoundness of mind (the McNaughten rule), corresponding to the erstwhile Section 84 IPC.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of voluntarily causing grievous hurt by use of acid, which prescribes a minimum imprisonment of ten years extendable to imprisonment for life, is contained in-
aSection 137
bSection 118
cSection 115
dSection 124
Answer: D
Section 124 BNS penalises voluntarily causing grievous hurt by use of acid with imprisonment of not less than ten years extendable to life and fine, corresponding to Section 326A IPC.
The provision in the Bharatiya Nyaya Sanhita, 2023 penalising acts endangering the sovereignty, unity and integrity of India - which replaces the erstwhile offence of sedition under Section 124A IPC - is-
aSection 147
bSection 150
cSection 197
dSection 152
Answer: D
Section 152 BNS penalises exciting secession, armed rebellion or subversive activities or endangering the sovereignty, unity and integrity of India; it replaces the sedition provision (old Section 124A IPC).
Under the Bharatiya Nyaya Sanhita, 2023, the punishment for culpable homicide not amounting to murder, where the act causing death is done with the intention of causing death, prescribes imprisonment for life or imprisonment-
anot less than five years extendable to ten years
bfor a term which may extend to ten years only
cnot less than seven years extendable to fourteen years
dnot less than three years extendable to seven years
Answer: A
Under the first part of Section 105 BNS, where the act is done with intention to cause death or such bodily injury as is likely to cause death, the punishment is life imprisonment or imprisonment of not less than five years extendable to ten years, plus fine.
Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, while permitting a Magistrate to authorise detention of an accused otherwise than in police custody, allows the fifteen days of police custody to be sought-
aat any time before the conclusion of the trial without any outer limit
bin whole or in part, at any time during the initial forty or sixty days of the detention period of sixty or ninety days respectively
conly after the charge-sheet has been filed
donly in one continuous stretch within the first fifteen days of detention
Answer: B
Under Section 187(2)-(3) BNSS the fifteen-day police custody need not be in one stretch; it may be sought in whole or in part during the first forty days (offences up to ten years) or first sixty days (offences punishable with death, life or ten years and above) of the total sixty/ninety-day detention period.
Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023 newly provides for inquiry, trial or judgment in absentia of a proclaimed offender. The proviso bars the Court from commencing such trial unless a period of-
aone hundred eighty days has lapsed from the date of cognizance
bthirty days has lapsed from the date of the proclamation
cninety days has lapsed from the date of framing of the charge
dsixty days has lapsed from the date of issue of the first warrant
Answer: C
Section 356 BNSS deems the absconding of a proclaimed offender as a waiver of the right to be present, but the proviso prohibits commencement of the in-absentia trial unless ninety days have lapsed from the date of framing of the charge.
Under the first proviso to Section 479(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, an under-trial prisoner who is a first-time offender (never previously convicted of any offence) shall be released by the Court on bond if he has undergone detention up to-
athe full maximum period of imprisonment specified for the offence
bone-fourth of the maximum period of imprisonment specified for the offence
cone-half of the maximum period of imprisonment specified for the offence
done-third of the maximum period of imprisonment specified for the offence
Answer: D
While Section 479(1) BNSS allows release at one-half of the maximum sentence generally, the first proviso provides that a first-time offender (with no prior conviction) shall be released on bond on completing one-third of the maximum period of imprisonment.
Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 makes it mandatory for the officer in charge to cause a forensic expert to visit the crime scene to collect forensic evidence and to videograph the process on a mobile phone or other electronic device, in respect of an offence which is made punishable for-
aseven years or more
bthree years or more
cfive years or more
dten years or more
Answer: A
Section 176(3) BNSS requires, for every offence punishable with seven years' imprisonment or more, that a forensic expert visit the crime scene to collect evidence and that the collection process be videographed.
With reference to the punishment of 'community service' under the Bharatiya Nagarik Suraksha Sanhita, 2023, which of the following statements is correct?
aA convict performing community service is entitled to the minimum wage fixed by the State
bIt can be awarded only by a Court of Session and not by any Magistrate
cThe Explanation to Section 23 defines it as work the Court may order a convict to perform that benefits the community, for which he shall not be entitled to any remuneration
dA Court of a Magistrate of the second class cannot pass a sentence of community service
Answer: C
Section 23 BNSS empowers both first-class and second-class Magistrates to award community service, and its Explanation defines community service as unpaid work, benefiting the community, that the Court may order a convict to perform with no entitlement to remuneration.
Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which newly prescribes a procedure and timeline for mercy petitions in death sentence cases, provides that a convict under sentence of death may file a mercy petition within-
athirty days from the date the jail Superintendent informs him of dismissal of his appeal/SLP or confirmation of sentence, the petition being made first to the Governor
bsixty days, addressed directly and only to the Governor of the State
cfifteen days, addressed directly and only to the President of India
dninety days from the date of the trial court's judgment of conviction
Answer: A
Section 472 BNSS requires the death-sentence convict to file a mercy petition within thirty days of the jail Superintendent's intimation about dismissal of his appeal/review/SLP or confirmation of the death sentence; the petition is made first to the Governor under Article 161, and on its rejection, to the President within sixty days.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, no arrest shall be made without the prior permission of an officer not below the rank of Deputy Superintendent of Police where the offence is punishable with imprisonment for less than three years and the person to be arrested is infirm or is above the age of -
afifty-five years
bsixty-five years
cfifty years
dsixty years
Answer: D
The proviso to Section 35(7) of the BNSS, 2023 bars arrest, without prior permission of an officer not below the rank of Dy.S.P., of a person who is infirm or above sixty years of age in offences punishable with imprisonment of less than three years.
The power to grant anticipatory bail (direction for grant of bail to a person apprehending arrest) is contained in which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 484
bSection 482
cSection 480
dSection 438
Answer: B
Anticipatory bail under the BNSS, 2023 is governed by Section 482, which corresponds to the erstwhile Section 438 of the CrPC, 1973.
Under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for a cognizable offence punishable for three years or more but less than seven years, the officer in charge of a police station may, with prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary enquiry to ascertain a prima facie case within -
aseven days
btwenty-one days
cfourteen days
dthirty days
Answer: C
Section 173(3) of the BNSS, 2023 permits a preliminary enquiry within fourteen days for cognizable offences punishable with three years or more but less than seven years, on prior permission of an officer not below the rank of Dy.S.P.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court of a Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding -
atwo years
bthree years
cseven years
dfive years
Answer: B
Section 23(2) of the BNSS, 2023 empowers a Magistrate of the first class to pass imprisonment up to three years, or fine up to fifty thousand rupees, or both, or community service.
A new provision for trial in absentia of a proclaimed offender, who has absconded to evade trial and against whom there is no immediate prospect of arrest, has been introduced by which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 339
bSection 299
cSection 482
dSection 356
Answer: D
Section 356 of the BNSS, 2023 is a new insertion providing for inquiry, trial or judgment in absentia of a proclaimed offender who has absconded to evade trial.
Under Section 184 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where an offence of rape is alleged, the victim shall be sent for medical examination by a registered medical practitioner within -
atwenty-four hours from receipt of information
bsix hours from receipt of information
cforty-eight hours from receipt of information
dtwelve hours from receipt of information
Answer: A
Section 184 of the BNSS, 2023 requires that the victim of rape be sent for medical examination within twenty-four hours from the receipt of information relating to the commission of such offence.
Under Section 290 of the Bharatiya Nagarik Suraksha Sanhita, 2023, an application for plea bargaining by the accused may be filed within -
aninety days from the date of arrest
bthirty days from the date of framing of the charge
csixty days from the date of framing of the charge
dthirty days from the date of cognizance
Answer: B
Section 290 of the BNSS, 2023 makes plea bargaining time-bound, requiring the application to be filed within thirty days from the date of framing of the charge.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, where the investigation relates to an offence punishable with imprisonment for a term of less than ten years, the accused becomes entitled to statutory (default) bail if the charge-sheet is not filed within -
aninety days
bsixty days
cthirty days
dfifteen days
Answer: B
Under Section 187 of the BNSS, 2023 the maximum period of detention pending investigation is sixty days where the offence is punishable with less than ten years; on its expiry without a charge-sheet, the accused is entitled to default bail.
Under Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the visit of a forensic expert to the crime scene to collect forensic evidence is mandatory in respect of an offence punishable with imprisonment for -
aseven years or more
bten years or more
cthree years or more
dfive years or more
Answer: A
Section 176(3) of the BNSS, 2023 makes it mandatory for a forensic expert to visit the crime scene to collect forensic evidence in offences punishable with imprisonment for seven years or more.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, a convict under sentence of death whose mercy petition before the Governor has been rejected may file a mercy petition before the President of India within -
aninety days from the date of rejection by the Governor
bfifteen days from the date of rejection by the Governor
csixty days from the date of rejection by the Governor
dthirty days from the date of rejection by the Governor
Answer: C
Section 472 of the BNSS, 2023 provides that after rejection or disposal of the mercy petition by the Governor, the petition to the President shall be made within sixty days of such rejection or disposal.
The statutory obligation on every State Government to prepare and notify a Witness Protection Scheme has been introduced by which section of the Bharatiya Nagarik Suraksha Sanhita, 2023?
aSection 398
bSection 412
cSection 360
dSection 396
Answer: A
Section 398 of the BNSS, 2023 mandates every State Government to prepare and notify a Witness Protection Scheme to ensure protection of witnesses.
Under the Statute of the International Court of Justice, the power of the Court to decide a case ex aequo et bono is governed by which provision, and on what condition may it be exercised?
aArticle 59, whenever custom and treaties are silent
bArticle 36(2), in all cases brought under the optional clause
cArticle 38(2), only if the parties agree thereto
dArticle 38(1)(c), in every contentious case as a general principle of law
Answer: C
Article 38(2) of the ICJ Statute provides that the enumeration of sources in Article 38(1) shall not prejudice the power of the Court to decide a case ex aequo et bono 'if the parties agree thereto'. This power has never actually been invoked.
Which of the following correctly states the position regarding the term of office of the members (judges) of the International Court of Justice under its Statute?
aThey are elected for nine years and may not be re-elected
bThey are elected for six years and may not be re-elected
cThey are elected for life subject to good behaviour
dThey are elected for nine years and may be re-elected
Answer: D
Article 13(1) of the ICJ Statute provides that the members of the Court shall be elected for nine years and may be re-elected, with five seats falling vacant every three years.
Under Article 53 of the Vienna Convention on the Law of Treaties, 1969, a treaty which, at the time of its conclusion, conflicts with a peremptory norm of general international law (jus cogens) is:
aValid but inoperative until ratified by all parties
bVoid
cMerely terminable on notice
dVoidable at the option of either party
Answer: B
Article 53 of the VCLT, 1969 declares that a treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law from which no derogation is permitted.
Under Article 9 of the Vienna Convention on Diplomatic Relations, 1961, when a receiving State declares a member of the diplomatic staff persona non grata, it:
aMust furnish reasons and obtain the consent of the sending State
bMust first refer the matter to the International Court of Justice
cMay do so only with the prior approval of the UN Secretary-General
dMay do so at any time and without having to explain its decision
Answer: D
Article 9(1) of the VCDR, 1961 permits the receiving State to notify the sending State, at any time and without having to explain its decision, that a member of the mission is persona non grata or not acceptable.
The 'Uniting for Peace' Resolution (Resolution 377) adopted by the UN General Assembly in 1950 enables the General Assembly to take up a matter where the Security Council is paralysed by the lack of unanimity of its permanent members. Within what time may an emergency special session be convened under this mechanism?
aWithin 30 days of a request
bOnly at the next regular annual session
cWithin 7 days of a request
dWithin 24 hours of a request
Answer: D
Under Resolution 377 (V) of 1950, where the Security Council fails to act owing to the lack of unanimity of permanent members, the General Assembly may meet in emergency special session within twenty-four hours of a request.
Under Article II of the Convention on the Prevention and Punishment of the Crime of Genocide, 1948, which of the following is expressly enumerated as an act constituting genocide when committed with the requisite intent?
aForcibly transferring children of the group to another group
bCompelling the group to adopt the official language of the State
cImposing economic sanctions on the group
dRestricting the political franchise of the group
Answer: A
Article II(e) of the Genocide Convention, 1948 lists 'forcibly transferring children of the group to another group' as one of the five enumerated acts of genocide, when committed with intent to destroy a national, ethnical, racial or religious group in whole or in part.
The Trusteeship Council, one of the principal organs of the United Nations, suspended its operations in 1994. This followed the attainment of independence by the last remaining UN trust territory, namely:
aPalau
bNamibia
cWestern Samoa
dPapua New Guinea
Answer: A
The Trusteeship Council suspended operation on 1 November 1994, a month after the independence of Palau, the last United Nations trust territory; it remains in existence but no longer meets annually.
Under Article 18 of the Charter of the United Nations, decisions of the General Assembly on 'important questions' require a two-thirds majority of the members present and voting. Which of the following is NOT classified as an important question under Article 18(2)?
aElection of the non-permanent members of the Security Council
bAdmission of new Members to the United Nations
cExpulsion of Members from the United Nations
dRoutine adoption of the agenda for a regular session
Answer: D
Article 18(2) enumerates important questions (requiring a two-thirds majority) such as admission, expulsion and election of non-permanent Security Council members; routine procedural matters like adopting the agenda fall under Article 18(3) and need only a simple majority.
The most authoritative enumeration of the sources of international law is contained in which provision?
aArticle 36 of the Statute of the International Court of Justice
bArticle 38 of the Statute of the International Court of Justice
cArticle 2(4) of the Charter of the United Nations
dArticle 51 of the Charter of the United Nations
Answer: B
Article 38(1) of the Statute of the ICJ lists international conventions, international custom, general principles of law recognised by civilised nations, and (as subsidiary means) judicial decisions and the teachings of publicists. It is regarded as the most authoritative statement of the sources of international law.
Under Article 38(1) of the Statute of the International Court of Justice, which of the following is treated only as a 'subsidiary means' for the determination of rules of law?
aInternational conventions
bJudicial decisions and the teachings of the most highly qualified publicists
cGeneral principles of law recognised by civilised nations
dInternational custom
Answer: B
Article 38(1)(d) of the ICJ Statute lists judicial decisions and the teachings of the most highly qualified publicists as subsidiary (secondary) means for determining rules of law, while treaties, custom and general principles are the primary sources.
The International Court of Justice is composed of how many judges, elected for a term of how many years?
a15 judges for a term of six years
b15 judges for a term of nine years
c11 judges for a term of five years
d18 judges for a term of nine years
Answer: B
The ICJ consists of 15 judges elected to nine-year terms by the UN General Assembly and the Security Council; one-third of the Court is elected every three years.
Which of the following is NOT one of the six principal organs of the United Nations established under Article 7 of the UN Charter?
aThe World Health Organisation
bThe Economic and Social Council
cThe Trusteeship Council
dThe Secretariat
Answer: A
Article 7 of the UN Charter establishes six principal organs: the General Assembly, Security Council, Economic and Social Council, Trusteeship Council, International Court of Justice and the Secretariat. The WHO is a specialised agency, not a principal organ.
The Security Council has 15 members: five permanent members (China, France, Russia, the United Kingdom and the United States) holding the veto, and ten non-permanent members elected for two-year terms.
The 'veto' power of the permanent members of the Security Council is derived from which provision of the UN Charter?
aArticle 33
bArticle 25
cArticle 27
dArticle 51
Answer: C
Article 27(3) of the UN Charter requires that decisions of the Security Council on non-procedural (substantive) matters be made with the concurring votes of the permanent members, which is the source of the veto power.
A 'peremptory norm of general international law' (jus cogens), from which no derogation is permitted, is defined under which Article of the Vienna Convention on the Law of Treaties, 1969?
aArticle 26
bArticle 53
cArticle 18
dArticle 62
Answer: B
Article 53 of the Vienna Convention on the Law of Treaties, 1969 defines a peremptory norm (jus cogens) as one accepted by the international community of States as a whole as a norm from which no derogation is permitted; a treaty conflicting with such a norm is void.
The maxim 'pacta sunt servanda', meaning that every treaty in force is binding upon the parties and must be performed by them in good faith, is embodied in which Article of the Vienna Convention on the Law of Treaties, 1969?
aArticle 53
bArticle 46
cArticle 26
dArticle 31
Answer: C
Article 26 of the Vienna Convention on the Law of Treaties, 1969 expressly embodies the principle of pacta sunt servanda: every treaty in force is binding upon the parties to it and must be performed by them in good faith.
Under the Vienna Convention on Diplomatic Relations, 1961, a receiving State may at any time, and without having to explain its decision, declare a member of the diplomatic staff to be:
aipso facto recalled
bpersona non grata
cfunctus officio
dultra vires
Answer: B
Article 9 of the Vienna Convention on Diplomatic Relations, 1961 permits the receiving State, at any time and without explanation, to notify the sending State that a member of the mission is persona non grata.
'A' agrees to sell to 'B' a specific cargo of goods supposed to be on its way from England to Bombay. It turns out that, before the day of the bargain, the ship conveying the cargo had been cast away and the goods lost. Neither party was aware of the fact. The agreement is -
avoid
bvoidable at the option of B
cvoidable at the option of A
dvalid and binding
Answer: A
This illustration to Section 20 of the Indian Contract Act, 1872 shows that where both parties are under a mistake as to a matter of fact essential to the agreement, the agreement is void.
When consent to an agreement is caused by coercion, undue influence, fraud or misrepresentation, the agreement is -
avalid but unenforceable
billegal
ca voidable contract at the option of the party whose consent was so caused
dvoid ab initio
Answer: C
Section 19 (fraud/misrepresentation) and Section 19A (undue influence) make such an agreement a contract voidable at the option of the party whose consent was so caused.
Match List-I (Provision) with List-II (Section of the Indian Contract Act, 1872) and select the correct answer using the code given below: List-I: (A) Coercion (B) Undue influence (C) Fraud (D) Misrepresentation; List-II: (1) Section 15 (2) Section 16 (3) Section 17 (4) Section 18
aA-2, B-1, C-4, D-3
bA-1, B-2, C-4, D-3
cA-3, B-4, C-1, D-2
dA-1, B-2, C-3, D-4
Answer: D
Coercion is defined in Section 15, undue influence in Section 16, fraud in Section 17 and misrepresentation in Section 18 of the Indian Contract Act, 1872.
If a person incapable of entering into a contract is supplied by another with necessaries suited to his condition in life, the person who has furnished such supplies is entitled to be reimbursed -
afrom the property of such incapable person
bpersonally from the incapable person
che has no right of reimbursement at all
dfrom the guardian personally
Answer: A
Under Section 68 of the Indian Contract Act, 1872, the supplier of necessaries to an incapable person (such as a minor) is entitled to reimbursement only from the property of such incapable person, not personally.
When a contract contains an undertaking to pay a sum named as a penalty, the party complaining of the breach is entitled to receive -
adouble the amount named
bthe entire penalty stipulated, automatically
creasonable compensation not exceeding the amount so named
dno compensation at all
Answer: C
Section 74 of the Indian Contract Act, 1872 provides that where a sum is named in the contract as the amount to be paid in case of breach, or the contract contains a stipulation by way of penalty, the aggrieved party is entitled to reasonable compensation not exceeding the amount so named.
The substitution of a new contract for an existing one between the same parties is known as -
aalteration
bremission
cnovation
drescission
Answer: C
Section 62 of the Indian Contract Act, 1872 deals with novation, that is, substitution of a new contract for the old one, whereupon the original contract need not be performed.
Under Section 2(d) of the Indian Contract Act, 1872, an act or abstinence may amount to consideration only when it is done or promised-
aat the desire of any third party interested in the contract
bat the desire of the promisee alone
cat the desire of the promisor
dvoluntarily, irrespective of whose desire it is
Answer: C
Section 2(d) requires that the act, abstinence or promise constituting consideration be done 'at the desire of the promisor'; an act done at the desire of a stranger or voluntarily is not consideration.
A promise made in writing and signed to pay a time-barred debt is a valid contract by virtue of-
aSection 62 of the Indian Contract Act
bSection 23 of the Indian Contract Act
cSection 25(3) of the Indian Contract Act
dSection 27 of the Indian Contract Act
Answer: C
Section 25, Exception (3) makes a promise in writing and signed to pay wholly or in part a debt barred by the law of limitation enforceable despite absence of fresh consideration.
Which of the following statements as to consideration under the Indian Contract Act, 1872 is correct?
aConsideration once inadequate can never be looked into by the Court
bAn agreement is not void merely because the consideration is inadequate, though inadequacy may be considered in deciding whether consent was free
cInadequacy of consideration by itself renders the consent vitiated
dConsideration must always be adequate to the promise, otherwise the agreement is void
Answer: B
The Explanation to Section 25 provides that inadequacy of consideration does not by itself make an agreement void, but it may be taken into account by the Court in determining whether consent was freely given.
Every person is competent to contract who, among other things, is of the age of majority according to the law to which he is subject. This rule of capacity is contained in-
aSection 11 of the Indian Contract Act
bSection 13 of the Indian Contract Act
cSection 12 of the Indian Contract Act
dSection 10 of the Indian Contract Act
Answer: A
Section 11 lays down the three requisites of competency: age of majority, soundness of mind, and not being disqualified by any law to which the person is subject.
An agreement by a minor under the Indian Contract Act, 1872 is-
avoid ab initio
bvoidable at the option of the minor
cvalid but unenforceable
dvoidable at the option of the guardian
Answer: A
Reading Sections 10 and 11 together, the Privy Council in Mohori Bibee v. Dharmodas Ghose held that an agreement entered into by a minor is void ab initio and not merely voidable.
Match List I (Provision) with List II (Subject-matter) and select the correct answer using the code given below:
List I: (A) Section 26 (B) Section 27 (C) Section 28 (D) Section 56
List II: (1) Agreement in restraint of legal proceedings (2) Agreement in restraint of marriage (3) Agreement to do an impossible act (4) Agreement in restraint of trade
aA-2, B-1, C-4, D-3
bA-1, B-3, C-2, D-4
cA-2, B-4, C-1, D-3
dA-4, B-2, C-3, D-1
Answer: C
Section 26 voids agreements in restraint of marriage, Section 27 in restraint of trade, Section 28 in restraint of legal proceedings, and Section 56 deals with agreements to do an impossible act.
Which of the following is NOT a condition for the application of the doctrine of part performance under Section 53A of the Transfer of Property Act, 1882?
aThere is a contract to transfer immovable property for consideration, in writing and signed by or on behalf of the transferor
bThe transferee has performed or is willing to perform his part of the contract
cThe transferee has, in part performance, taken possession or continued in possession of the property
dThe contract has been duly registered and the transferee has obtained a registered title deed
Answer: D
Section 53A operates precisely where there is no registered conveyance; it protects a transferee in possession under an unregistered written contract who has performed or is willing to perform his part. A completed registered title deed would make the doctrine unnecessary.
Under Section 54 of the Transfer of Property Act, 1882, a sale of tangible immovable property of the value of one hundred rupees and upwards can be made only by:
aEither a registered instrument or delivery of the property, at the option of the parties
bDelivery of the property
cAn oral agreement followed by payment of price
dA registered instrument
Answer: D
Section 54 provides that in the case of tangible immovable property of the value of one hundred rupees and upwards, sale can be made only by a registered instrument; only for property of lesser value may it be made by registered instrument or by delivery.
Under Section 58 of the Transfer of Property Act, 1882, a mortgage where the mortgagor delivers possession to the mortgagee and authorises him to retain such possession until payment, and to receive the rents and profits in lieu of interest or in payment of the mortgage-money, is called a:
aSimple mortgage
bMortgage by conditional sale
cEnglish mortgage
dUsufructuary mortgage
Answer: D
Section 58(d) defines a usufructuary mortgage as one where the mortgagor delivers possession and authorises the mortgagee to retain it and to receive the rents and profits in lieu of interest or in payment of the mortgage-money.
The maxim 'once a mortgage always a mortgage', which bars any clog on the equity of redemption, is reflected in which provision of the Transfer of Property Act, 1882?
aSection 69 (power of sale)
bSection 60 (right of mortgagor to redeem)
cSection 67 (right of mortgagee to foreclosure)
dSection 76 (liabilities of mortgagee in possession)
Answer: B
Section 60 confers on the mortgagor the right to redeem on payment of the mortgage-money; any stipulation that fetters or clogs this right of redemption is void, reflecting the maxim 'once a mortgage always a mortgage'.
In the absence of a contract or local usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall, under Section 106 of the Transfer of Property Act, 1882, be deemed to be a lease:
aIn perpetuity until determined by the lessor
bFrom year to year, terminable by six months' notice
cFor a fixed term of eleven months
dFrom month to month, terminable by fifteen days' notice
Answer: B
Section 106 provides that a lease for agricultural or manufacturing purposes is, in the absence of a contract or local usage, deemed to be from year to year, terminable by six months' notice; leases for any other purpose are deemed month to month, terminable by fifteen days' notice.
Under Section 107 of the Transfer of Property Act, 1882, a lease of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent, can be made only by:
aA written instrument, whether registered or not
bAn oral agreement accompanied by delivery of possession
cA registered instrument
dMutual consent without any writing
Answer: C
Section 107 requires a lease from year to year, or for a term exceeding one year, or reserving a yearly rent, to be made only by a registered instrument; all other leases may be made by registered instrument or by oral agreement accompanied by delivery of possession.
Under Section 122 read with Section 123 of the Transfer of Property Act, 1882, for a valid gift of immovable property, the transfer must be effected by:
aA registered instrument signed by or on behalf of the donor and attested by at least two witnesses
bA written but unregistered instrument followed by acceptance
cAn oral declaration accepted by the donee
dDelivery of possession alone
Answer: A
Section 122 defines gift as a voluntary transfer of existing movable or immovable property without consideration, accepted during the donor's lifetime; Section 123 requires a gift of immovable property to be made by a registered instrument signed by the donor and attested by at least two witnesses.
Where a person erroneously represents that he is authorised to transfer certain immovable property and professes to transfer it for consideration, and he subsequently acquires an interest in that property while the contract of transfer still subsists, the transfer, at the option of the transferee, operates on such interest. This embodiment of the doctrine of 'feeding the grant by estoppel' is contained in which section of the Transfer of Property Act, 1882?
aSection 53A
bSection 41
cSection 43
dSection 51
Answer: C
Section 43 enacts the doctrine of feeding the grant by estoppel: a fraudulent or erroneous representation of authority to transfer, for consideration, allows the transferee to claim any interest the transferor later acquires during the subsistence of the contract.
Under Section 14 of the Transfer of Property Act, 1882 (rule against perpetuity), the maximum period for which the vesting of an interest may be postponed is the lifetime of one or more persons living at the date of the transfer plus:
athe period of minority of the unborn person to whom the interest is created, if such person is in existence at the expiration of the prior interest
ba gross period of eighteen years in every case
cthe lifetime of the unborn person
da gross period of twenty-one years
Answer: A
Section 14 permits postponement up to the life or lives of persons living at the date of transfer plus the minority of the ultimate beneficiary who must be in existence at the close of the last prior interest; the Indian rule uses actual minority, not a flat 21 years.
'A' professes to transfer to 'B' a farm belonging to 'C', and by the same instrument gives a sum of Rs. 1,000 to 'C'. 'C' is not bound to relinquish the farm but, on the principle of election under Section 35 of the Transfer of Property Act, must do which of the following if he retains the farm?
aTransfer an equivalent property to B
bConfirm the transfer of the farm to B without any obligation
cPay the value of the farm to B
dRelinquish the Rs. 1,000 benefit conferred on him by the same transaction
Answer: D
Under Section 35, the owner of property professed to be transferred who is given a benefit in the same transaction must elect; if he dissents and keeps his own property, he must relinquish the benefit conferred on him, which reverts to the transferor.
Which one of the following is NOT capable of being transferred under Section 6 of the Transfer of Property Act, 1882?
aAn easement, apart from the dominant heritage
bA decree for a sum of money
cThe right of an heir-apparent to succeed to an estate (spes successionis)
dA right to receive future rents and profits of land
Answer: C
Section 6(a) bars transfer of a mere chance of an heir-apparent succeeding (spes successionis). An easement cannot be transferred apart from the dominant heritage [6(c)], but a money decree and a right to future rents are transferable.
Where the mortgagor binds himself to repay the mortgage-money on a certain date and transfers the mortgaged property absolutely to the mortgagee, but subject to a proviso that the mortgagee will re-transfer it to the mortgagor on payment of the money as agreed, the transaction under Section 58 of the Transfer of Property Act is a:
aUsufructuary mortgage
bEnglish mortgage
cMortgage by conditional sale
dSimple mortgage
Answer: B
Section 58(e) defines an English mortgage by the absolute transfer of the property coupled with a personal covenant to repay on a certain date and a proviso for re-transfer on payment.
Under Section 58 of the Transfer of Property Act, 1882, in a transaction where the mortgagor delivers possession of the mortgaged property to the mortgagee, authorising him to retain possession until payment and to receive the rents and profits in lieu of interest or in payment of the mortgage-money, the mortgage is termed a:
aSimple mortgage
bUsufructuary mortgage
cMortgage by conditional sale
dAnomalous mortgage
Answer: B
Section 58(d) defines a usufructuary mortgage as one where the mortgagee is put in possession and retains it, appropriating the rents and profits towards interest or principal, with no personal covenant to pay.
A gift of immovable property which the donor and donee agree shall be revocable wholly at the mere will of the donor is, under Section 126 of the Transfer of Property Act, 1882:
avalid and binding on both parties
bvalid only if registered
cvoidable at the option of the donee
dvoid to that extent
Answer: D
Section 126 provides that a gift which the parties agree shall be revocable wholly or in part at the mere will of the donor is void wholly or in part; only revocation on a specified event not depending on the donor's will is permitted.
Under Article 248 of the Constitution, the exclusive power to make any law with respect to a matter not enumerated in the Concurrent List or the State List is vested in-
aParliament alone
bthe State Legislatures concurrently with Parliament
cthe Finance Commission
dthe President by Ordinance
Answer: A
Article 248 read with Entry 97 of the Union List confers residuary powers of legislation exclusively on Parliament, reflecting the Constitution's leaning towards a strong Centre.
Article 20 of the Constitution affords protection in respect of conviction for offences. Which one of the following is NOT among the protections guaranteed under Article 20?
aProtection against double jeopardy
bProtection against arrest and detention without informing the grounds of arrest
cProtection against self-incrimination
dProtection against ex post facto criminal laws
Answer: B
Article 20 covers protection against ex post facto laws (clause 1), double jeopardy (clause 2), and self-incrimination (clause 3); the right to be informed of the grounds of arrest falls under Article 22, not Article 20.
With reference to the pardoning powers of the President under Article 72 and of the Governor under Article 161, which of the following statements is correct?
aThe Governor, like the President, can grant pardon in cases of sentences by a court martial
bThe Governor cannot grant pardon in a case where the sentence is one of death, though he may suspend, remit or commute it
cThe President cannot commute a death sentence, but the Governor can
dBoth the President and the Governor can grant pardon only with the prior approval of the Supreme Court
Answer: B
Under Article 161 the Governor has no power to pardon a death sentence (which only the President can under Article 72) and cannot deal with court-martial sentences, though he may suspend, remit or commute sentences within his competence.
Which Article of the Constitution was described by Dr. B.R. Ambedkar in the Constituent Assembly as 'the very soul of the Constitution and the very heart of it'?
aArticle 32
bArticle 14
cArticle 21
dArticle 226
Answer: A
Dr. Ambedkar described Article 32, which guarantees the right to constitutional remedies for enforcement of fundamental rights directly before the Supreme Court, as the heart and soul of the Constitution.
In Supreme Court Advocates-on-Record Association v. Union of India (2015), the Supreme Court struck down the Ninety-ninth Constitutional Amendment and the NJAC Act. The principal ground on which they were held unconstitutional was that they violated-
athe independence of the judiciary, a part of the basic structure
bthe doctrine of separation of financial powers
cthe right to equality under Article 14
dthe federal structure of the Constitution
Answer: A
By a 4:1 majority, the Constitution Bench held that Article 124A and the NJAC Act impaired the independence of the judiciary, which forms part of the basic structure, and revived the collegium system.
Match List-I (Constitutional provision) with List-II (Subject matter) and select the correct answer using the code given below the lists:
List-I: A. Article 110 B. Article 143 C. Article 248 D. Article 312
List-II: 1. Residuary powers of legislation 2. Advisory jurisdiction of the Supreme Court 3. All India Services 4. Definition of Money Bill
aA-3, B-2, C-1, D-4
bA-2, B-4, C-3, D-1
cA-4, B-1, C-2, D-3
dA-4, B-2, C-1, D-3
Answer: D
Article 110 defines a Money Bill, Article 143 confers advisory jurisdiction on the Supreme Court, Article 248 deals with residuary powers of legislation, and Article 312 provides for All India Services.
The doctrine of 'basic structure' of the Constitution, which limits the amending power of Parliament under Article 368, was propounded by the Supreme Court in which one of the following cases?
aMinerva Mills Ltd. v. Union of India
bKesavananda Bharati v. State of Kerala
cGolak Nath v. State of Punjab
dIndira Nehru Gandhi v. Raj Narain
Answer: B
In Kesavananda Bharati v. State of Kerala (1973), a 13-judge Bench held by a 7-6 majority that Parliament's power to amend under Article 368 does not extend to altering the basic structure of the Constitution.
By which Constitutional Amendment were the words 'Socialist', 'Secular' and 'Integrity' inserted in the Preamble of the Constitution of India?
aTwenty-fourth Amendment, 1971
bTwenty-fifth Amendment, 1971
cForty-fourth Amendment, 1978
dForty-second Amendment, 1976
Answer: D
The 42nd Amendment Act, 1976 added the words 'Socialist' and 'Secular' to the description of the Republic and changed 'unity of the Nation' to 'unity and integrity of the Nation' in the Preamble.
Dr. B.R. Ambedkar described which one of the following Articles as 'the very soul of the Constitution and the very heart of it'?
aArticle 14
bArticle 32
cArticle 226
dArticle 21
Answer: B
Dr. Ambedkar called Article 32 (Right to Constitutional Remedies) the heart and soul of the Constitution, as it guarantees the right to move the Supreme Court for enforcement of fundamental rights.
Assertion (A): After the Forty-fourth Amendment Act, 1978, the right to property is no longer a fundamental right. Reason (R): The right to property was deleted from Part III and made a constitutional/legal right under Article 300-A. Select the correct answer using the code given below:
a(A) is false, but (R) is true
bBoth (A) and (R) are true but (R) is not the correct explanation of (A)
c(A) is true, but (R) is false
dBoth (A) and (R) are true and (R) is the correct explanation of (A)
Answer: D
The 44th Amendment, 1978 repealed Article 19(1)(f) and Article 31, removing property from fundamental rights, and inserted Article 300-A making it a legal right—so the Reason correctly explains the Assertion.
Match List - I (Article) with List - II (Subject) and select the correct answer using the code given below the lists: List-I: (A) Article 17 (B) Article 18 (C) Article 32 (D) Article 44 — List-II: (1) Right to Constitutional Remedies (2) Abolition of Untouchability (3) Uniform Civil Code (4) Abolition of Titles
aA-4, B-2, C-1, D-3
bA-2, B-4, C-1, D-3
cA-1, B-4, C-2, D-3
dA-2, B-4, C-3, D-1
Answer: B
Article 17 abolishes untouchability, Article 18 abolishes titles, Article 32 is the right to constitutional remedies, and Article 44 (DPSP) provides for a Uniform Civil Code.
The distribution of legislative powers between the Union and the States through the three Lists of the Seventh Schedule is provided under which Article of the Constitution?
aArticle 254
bArticle 248
cArticle 245
dArticle 246
Answer: D
Article 246 distributes legislative power with reference to the Union List, State List and Concurrent List in the Seventh Schedule; Article 245 deals with territorial extent and Article 248 with residuary powers.
Residuary powers of legislation, i.e., the power to make laws on matters not enumerated in the Concurrent List or the State List, are vested in Parliament under which Article?
aArticle 249
bArticle 248
cArticle 246
dArticle 247
Answer: B
Article 248 confers exclusive residuary power of legislation on Parliament over any matter not enumerated in the Concurrent or State Lists, read with Entry 97 of the Union List.
The doctrine that 'greatest happiness of the greatest number' is the measure of right and wrong, and the principle of utility, is associated primarily with-
aHugo Grotius
bJeremy Bentham
cImmanuel Kant
dEugen Ehrlich
Answer: B
Jeremy Bentham is the chief exponent of utilitarianism, propounding the principle of utility measured by the greatest happiness of the greatest number.
The Fiction Theory of corporate personality, which holds that a corporation has a fictitious personality distinct from its members attributed to it by law, is associated with-
aSavigny
bRudolf von Ihering
cOtto von Gierke
dLeon Duguit
Answer: A
Savigny is the chief exponent of the Fiction Theory, under which the personality of a corporation is a fiction of law; Gierke, by contrast, propounded the Realist (organic) Theory.
The concept of 'Volksgeist' (the spirit of the people) as the true source of law was propounded by-
aFriedrich Karl von Savigny
bRoscoe Pound
cJohn Austin
dLeon Duguit
Answer: A
Savigny, founder of the Historical School, held that law is a product of the Volksgeist or national spirit of a people and grows with the nation, not by deliberate legislation.
'Social engineering' as a function of law, balancing competing interests so as to secure the maximum with the minimum friction and waste, is the theory of-
aHans Kelsen
bJeremy Bentham
cRoscoe Pound
dH.L.A. Hart
Answer: C
Roscoe Pound, a leading sociological jurist, described law as 'social engineering' whose task is to balance and reconcile conflicting individual, public and social interests.
Match List-I (kind of possession) with List-II (illustration) and select the correct answer: List-I A. Mediate possession B. Immediate possession C. Corporeal possession D. Incorporeal possession ; List-II 1. Owner wearing his own watch 2. A principal who has handed goods to his agent 3. An author's copyright in his work 4. A buyer who has taken delivery of goods from the shopkeeper
aA-2, B-4, C-1, D-3
bA-1, B-2, C-3, D-4
cA-2, B-1, C-4, D-3
dA-4, B-2, C-1, D-3
Answer: A
Mediate possession is held through another (principal via agent); immediate possession is direct (buyer with delivery); corporeal possession is of tangible things (watch); incorporeal possession is of intangible rights (copyright).
'Ubi jus ibi remedium' means that wherever the law confers a legal right, it also provides a remedy for its violation; imperfect rights form an exception.
A right that is available against the whole world at large, and not merely against a determinate person, is classified as a-
aright in rem
bright in personam
cantecedent right
dperfect right
Answer: A
A right in rem avails against persons generally (e.g., ownership), whereas a right in personam avails only against a determinate person (e.g., a contractual right).
The view that 'living law' is the law that dominates social life even though it has not been posited in legal propositions, and that the centre of gravity of legal development lies in society itself, was expounded by-
aEugen Ehrlich
bRudolf von Ihering
cRoscoe Pound
dLeon Duguit
Answer: A
Eugen Ehrlich, a sociological jurist, propounded the concept of 'living law', arguing that the real source of legal development is society rather than legislation or judicial decision.
Who among the following jurists defined jurisprudence as 'the science of the first principles of the civil law'?
aRoscoe Pound
bJohn Austin
cSalmond
dHans Kelsen
Answer: C
Salmond defined jurisprudence as the science of the first principles of the civil law, treating it as concerned with the fundamental principles underlying the law applied by courts in the administration of justice.
According to John Austin's analytical (imperative) theory, law properly so called is essentially:
aThe dictate of reason discoverable through nature
bA command of the sovereign backed by sanction
cA hierarchy of norms deriving validity from a Grundnorm
dThe product of the general consciousness of the people (Volksgeist)
Answer: B
Austin's command theory holds that law is the command of a determinate sovereign, addressed to subjects, backed by a sanction; rules lacking these elements are 'laws improperly so called'.
In Hans Kelsen's Pure Theory of Law, the norm which lies at the apex of the hierarchy of norms and from which all other norms derive their validity is termed:
aSocial solidarity
bRule of recognition
cGrundnorm
dVolksgeist
Answer: C
Kelsen described the legal order as a pyramid of norms in which every norm derives its validity from a higher norm, the apex being the Grundnorm or basic norm, which is itself presupposed and not derived from any further norm.
Under the Bharatiya Sakshya Adhiniyam, 2023, when the question is whether any person is an accomplice, and an accomplice is declared to be a competent witness against an accused person, the relevant provision is:
aSection 119
bSection 138
cSection 124
dSection 139
Answer: B
Section 138 of the BSA, 2023 makes an accomplice a competent witness against an accused and provides that a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice. It corresponds to Section 133 of the repealed Evidence Act, and is read with the presumption in Illustration (b) to Section 119 regarding corroboration.
The classic proposition that a confession may consist of words spoken to oneself and need not be communicated to another person was laid down by the Supreme Court in:
aPalvinder Kaur v. State of Punjab
bSahoo v. State of U.P.
cAghnoo Nagesia v. State of Bihar
dPakala Narayana Swami v. Emperor
Answer: B
In Sahoo v. State of U.P. (AIR 1966 SC 40), the Supreme Court held that a confession need not be communicated to another and a self-talk soliloquy overheard by a witness can amount to a confession. This principle continues to apply under the BSA, 2023.
Under the Bharatiya Sakshya Adhiniyam, 2023, where a woman dies of burns within seven years of marriage and it is shown that she was subjected to cruelty for dowry, the court shall presume that her husband caused the dowry death. This presumption is contained in:
aSection 116
bSection 121
cSection 113
dSection 118
Answer: D
Section 118 of the BSA, 2023 contains the presumption as to dowry death, corresponding to Section 113B of the repealed Evidence Act. It applies where a woman is shown to have been subjected to cruelty for dowry soon before her death.
Under the Bharatiya Sakshya Adhiniyam, 2023, the fact that a person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution (the mother remaining unmarried), is:
aMerely a fact the court may presume under Section 119
bA rebuttable presumption of legitimacy under Section 116
cConclusive proof of legitimacy under Section 118, without exception
dConclusive proof of legitimacy under Section 116, unless non-access is shown
Answer: D
Section 116 of the BSA, 2023 makes birth during a valid marriage conclusive proof of legitimacy unless it is shown that the parties had no access to each other when the child could have been begotten. It corresponds to Section 112 of the repealed Evidence Act.
Under the Bharatiya Sakshya Adhiniyam, 2023, leading questions may NOT be asked, if objected to by the adverse party, in:
aCross-examination
bAny stage, leading questions being wholly prohibited
cExamination-in-chief and re-examination
dRe-examination only
Answer: C
Under Section 146 of the BSA, 2023, leading questions must not, if objected to, be asked in examination-in-chief or re-examination except with the court's permission, but may be asked in cross-examination.
Under the Bharatiya Sakshya Adhiniyam, 2023, a witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction or so soon afterwards that the court considers it likely the transaction was fresh in his memory. This is provided in:
aSection 162
bSection 159
cSection 160
dSection 168
Answer: A
Section 162 of the BSA, 2023 permits a witness to refresh his memory by reference to a contemporaneous writing. It corresponds to Section 159 of the repealed Evidence Act.
Under the Bharatiya Sakshya Adhiniyam, 2023, the judge's power to put any question he pleases, in any form, at any time, to any witness or the parties, about any relevant or irrelevant fact, in order to discover or obtain proper proof of relevant facts, is contained in:
aSection 168
bSection 165
cSection 166
dSection 170
Answer: A
Section 168 of the BSA, 2023 confers wide power on the judge to put questions and order production, subject to the proviso that judgment must be based on relevant and duly proved facts. It corresponds to Section 165 of the repealed Evidence Act.
Under the Bharatiya Sakshya Adhiniyam, 2023, entries in books of account, including those maintained in an electronic form, regularly kept in the course of business:
aAre relevant but shall not alone be sufficient evidence to charge any person with liability
bAre by themselves sufficient to charge any person with liability
cAre wholly inadmissible unless the author is examined
dAre conclusive proof of the liability recorded therein
Answer: A
Section 28 of the BSA, 2023 makes regularly-kept books of account relevant but expressly provides they shall not alone be sufficient to charge any person with liability. It corresponds to Section 34 of the repealed Evidence Act.
Under the Bharatiya Sakshya Adhiniyam, 2023, no confession made to a police officer shall be proved against a person accused of any offence. This bar is contained in:
aSection 23
bSection 25
cSection 24
dSection 22
Answer: A
Section 23(1) of the BSA, 2023 bars proof of a confession made to a police officer, and Section 23(2) bars confessions made in police custody unless made in the immediate presence of a Magistrate. It corresponds to Sections 25 and 26 of the repealed Evidence Act.
Under the Bharatiya Sakshya Adhiniyam, 2023, which Section provides that no confession made to a police officer shall be proved as against a person accused of any offence?
aSection 22
bSection 24
cSection 25
dSection 23(1)
Answer: D
Section 23(1) of the BSA, 2023 bars proof of a confession made to a police officer, corresponding to the erstwhile Section 25 of the Indian Evidence Act, 1872.
In the Bharatiya Sakshya Adhiniyam, 2023, the provision corresponding to old Section 27 of the Indian Evidence Act, 1872 (how much of information received from an accused in police custody, leading to discovery of a fact, may be proved) is found in -
aSection 23(2) proviso
bSection 24
cSection 22
dSection 23(1)
Answer: A
The discovery-of-fact rule of old Section 27 IEA is now contained in the proviso to Section 23(2) of the BSA, 2023, which also subsumes old Section 26 IEA (confession in police custody).
A dying declaration is made relevant under which provision of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 24(a)
bSection 25(a)
cSection 32(a)
dSection 26(a)
Answer: D
Statements as to the cause of death, i.e. dying declarations, are relevant under Section 26(a) of the BSA, 2023, which corresponds to Section 32(1) of the Indian Evidence Act, 1872.
The case of Pakala Narayana Swami v. Emperor, which laid down that a dying declaration covers not only the cause of death but also the 'circumstances of the transaction' resulting in death, is relevant to which provision of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 26(a)
bSection 23
cSection 39
dSection 138
Answer: A
Pakala Narayana Swami v. Emperor (1939) interpreted the scope of dying declarations, now governed by Section 26(a) of the BSA, 2023 (old Section 32(1) IEA), holding anticipation of death is unnecessary.
Which Section of the Bharatiya Sakshya Adhiniyam, 2023 declares that an accomplice shall be a competent witness against an accused person?
aSection 139
bSection 133
cSection 114
dSection 138
Answer: D
Section 138 of the BSA, 2023 provides that an accomplice shall be a competent witness against an accused person, and a conviction is not illegal if it proceeds upon the corroborated testimony of an accomplice; it corresponds to old Section 133 IEA.
Under the Bharatiya Sakshya Adhiniyam, 2023, the provision that no particular number of witnesses shall in any case be required for the proof of any fact is contained in -
aSection 124
bSection 138
cSection 140
dSection 139
Answer: D
Section 139 of the BSA, 2023 (old Section 134 IEA) embodies the maxim that evidence is to be weighed and not counted, requiring no particular number of witnesses.
Match List-I (Concept under the Bharatiya Sakshya Adhiniyam, 2023) with List-II (Section) and select the correct answer using the code given below: List-I: (A) Opinions of experts (B) Estoppel (C) Refreshing memory (D) Leading questions. List-II: (1) Section 121 (2) Section 162 (3) Section 39 (4) Section 146.
The presumption as to dowry death is provided under which Section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 116
bSection 120
cSection 118
dSection 117
Answer: C
Section 118 of the BSA, 2023 (old Section 113-B IEA) provides the presumption as to dowry death where it is shown that soon before her death the woman was subjected to cruelty or harassment for dowry.
Under the Bharatiya Sakshya Adhiniyam, 2023, the fact that a child was born during the continuance of a valid marriage is, subject to non-access, treated as -
aa relevant fact only, requiring independent proof
ba fact which the Court shall presume under Section 117
cconclusive proof of legitimacy under Section 116
da fact which the Court may presume under Section 119
Answer: C
Section 116 of the BSA, 2023 (old Section 112 IEA) makes birth during a valid marriage conclusive proof of legitimacy unless non-access at the time of conception is shown.
Hira Lal Patni vs. Sri Kali Nath, AIR 1962 SC 199, is concerned with which one of the following principles?
aA consent decree is not appealable
bAn objection as to territorial jurisdiction can be waived
cRes judicata applies to interlocutory orders
dA foreign judgment is conclusive
Answer: B
In Hira Lal Patni vs. Kali Nath, the Supreme Court distinguished inherent lack of jurisdiction from a defect of territorial (local) jurisdiction, holding that an objection to the latter can be waived, a principle now reflected in Section 21 CPC.
Under which one of the following Orders and Rules of the Code of Civil Procedure, 1908, may a court strike out or add parties at any stage of the proceedings?
aOrder II, Rule 3
bOrder I, Rule 9
cOrder VI, Rule 17
dOrder I, Rule 10
Answer: D
Order I, Rule 10 CPC empowers the court to strike out or add parties whose presence is necessary to enable it to effectually and completely adjudicate upon the questions involved in the suit.
A plaint shall be rejected, among other grounds, where it does not disclose a cause of action. This provision is found in-
aOrder VII, Rule 11 CPC
bOrder VIII, Rule 6 CPC
cOrder VII, Rule 10 CPC
dOrder VI, Rule 16 CPC
Answer: A
Order VII, Rule 11 CPC enumerates the grounds for rejection of a plaint, the first of which is that the plaint does not disclose a cause of action; Order VII, Rule 10 deals with return of plaint.
Which one of the following Sections of the Code of Civil Procedure, 1908, deals with the power of the High Court to call for the record of a case decided by a subordinate court (revision)?
aSection 96
bSection 100
cSection 115
dSection 114
Answer: C
Section 115 CPC confers revisional jurisdiction on the High Court to examine cases decided by subordinate courts where they have exercised jurisdiction not vested in them, failed to exercise jurisdiction, or acted illegally or with material irregularity. Section 114 deals with review.
Where, on the day of hearing, the plaintiff does not appear but the defendant appears, the court shall, under Order IX of the Code of Civil Procedure, 1908,-
aproceed ex parte against the plaintiff
bstrike off the defence of the defendant
cadjourn the suit to a future date
ddismiss the suit, unless the defendant admits the claim in whole or in part
Answer: D
Under Order IX, Rule 8 CPC, if the plaintiff does not appear when the suit is called for hearing but the defendant appears, the court shall make an order dismissing the suit, unless the defendant admits the claim or part thereof, in which case a decree is passed on the admitted portion.
Which one of the following Sections of the Code of Civil Procedure, 1908, empowers the High Court or the District Court to transfer any suit, appeal or other proceeding pending before it to another competent court?
aSection 23
bSection 22
cSection 24
dSection 25
Answer: C
Section 24 CPC confers the general power of transfer and withdrawal of suits, appeals and other proceedings on the High Court and the District Court; Section 25 deals with the Supreme Court's power to transfer suits between States.
Under the Code of Civil Procedure, 1908, the principle of res judicata is contained in:
aSection 13
bSection 10
cSection 11
dSection 12
Answer: C
Section 11 CPC embodies res judicata, barring a court from trying a suit or issue already finally decided between the same parties. Section 10 deals with stay of suit (res sub judice).
The provision for settlement of disputes outside the court (reference to arbitration, conciliation, mediation or Lok Adalat) was inserted in the Code of Civil Procedure, 1908 as:
aSection 94
bSection 90
cSection 88
dSection 89
Answer: D
Section 89, inserted by the 1999 Amendment, empowers the court to refer disputes to arbitration, conciliation, judicial settlement (including Lok Adalat) or mediation. Its working was clarified in Salem Advocate Bar Association v. Union of India.
A civil court has jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. This principle is contained in:
aSection 20
bSection 9
cSection 15
dSection 16
Answer: B
Section 9 CPC provides that courts shall (subject to the provisions of the Code) have jurisdiction to try all suits of a civil nature, excepting suits of which cognizance is expressly or impliedly barred.
Power of revision is conferred on the High Court by which section of the Code of Civil Procedure, 1908?
aSection 114
bSection 104
cSection 100
dSection 115
Answer: D
Section 115 CPC confers revisional jurisdiction on the High Court over subordinate courts in cases of jurisdictional error. Section 114 deals with review.
Match List-I with List-II and select the correct answer using the code given below:
List-I: (A) Place of suing - immovable property (B) Notice before suit against Government (C) Power to add or strike out parties (D) Rejection of plaint
List-II: (1) Section 80 (2) Order 7 Rule 11 (3) Section 16 (4) Order 1 Rule 10
aA-1, B-3, C-4, D-2
bA-3, B-1, C-2, D-4
cA-3, B-1, C-4, D-2
dA-1, B-3, C-2, D-4
Answer: C
Section 16 governs suits relating to immovable property, Section 80 mandates notice before suing the Government, Order 1 Rule 10 deals with addition/striking out of parties, and Order 7 Rule 11 with rejection of plaint.
Under Order 8 Rule 1 of the Code of Civil Procedure, 1908, the defendant shall ordinarily present a written statement of his defence within:
aThirty days, extendable up to ninety days from the date of service of summons
bSix months from institution of the suit
c60 days without any extension
d30 days from the date of service of summons
Answer: A
Order 8 Rule 1 requires the written statement within 30 days of service of summons, which the court may extend up to 90 days for reasons recorded. In Kailash v. Nanhku the Supreme Court held this period directory (not mandatory) for ordinary suits.
Temporary injunctions and interlocutory orders are dealt with under which Order of the Code of Civil Procedure, 1908?
aOrder 40
bOrder 39
cOrder 38
dOrder 41
Answer: B
Order 39 CPC governs temporary injunctions and interlocutory orders. Order 38 deals with arrest and attachment before judgment, and Order 40 with appointment of a receiver.
All questions arising between the parties to the suit in which the decree was passed and relating to the execution, discharge or satisfaction of the decree shall be determined by:
aA separate suit under Section 9
bThe executing court under Section 47, and not by a separate suit
cThe appellate court under Section 96
dThe High Court under Section 115
Answer: B
Section 47 CPC requires all questions relating to execution, discharge or satisfaction of a decree between the parties to be decided by the executing court, and bars a separate suit for such questions.
The doctrine of restitution, which restores to a party the benefit lost owing to a decree that is later varied or reversed, is statutorily recognised in:
aSection 141
bSection 152
cSection 144
dSection 151
Answer: C
Section 144 CPC provides for restitution where a decree is varied or reversed in appeal, revision or otherwise, so that parties are placed in the position they would have occupied but for the erroneous decree.
Under the Code of Civil Procedure, 1908, the term 'decree' is defined in:
aSection 2(11)
bSection 2(2)
cSection 2(14)
dSection 2(9)
Answer: B
Section 2(2) CPC defines 'decree' as the formal expression of an adjudication conclusively determining the rights of parties. Section 2(9) defines 'judgment', Section 2(14) defines 'order', and Section 2(11) defines 'legal representative'.
Power of the High Court (and District Court) to transfer and withdraw any suit, appeal or other proceeding pending before it or any subordinate court is contained in:
aSection 23
bSection 25
cSection 22
dSection 24
Answer: D
Section 24 CPC confers general power on the High Court or District Court to transfer and withdraw suits, appeals or proceedings. Section 25 deals with transfer by the Supreme Court between States.
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