Uttar Pradesh Judiciary Mock Test 9 — Questions & Solutions
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Which is the highest mountain peak situated entirely within the territory of India (not on any international border)?
aKanchenjunga
bK2 (Godwin Austen)
cMount Everest
dNanda Devi
Answer: D
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?
aChandragupta I
bSamudragupta
cSkandagupta
dKumaragupta
Answer: B
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
bGhiyasuddin Tughlaq
cMuhammad bin Tughlaq
dNasiruddin Mahmud
Answer: C
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 Mughals
cThe Deccan Sultanates
dThe Portuguese
Answer: C
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?
a1764
b1757
c1765
d1772
Answer: B
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?
a1765
b1764
c1757
d1772
Answer: A
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
bBarrackpore
cKanpur
dLucknow
Answer: B
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?
aBahadur Shah Zafar
bTatya Tope
cNana Sahib
dRani Lakshmibai
Answer: A
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?
aDadabhai Naoroji
bSurendranath Banerjee
cWomesh Chandra Bonnerjee
dAllan Octavian Hume
Answer: C
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:
aChamparan
bAhmedabad
cKheda
dBardoli
Answer: A
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
bSwadeshi Movement
cKhilafat Movement
dQuit India Movement
Answer: C
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 Cripps Mission
bThe Cabinet Mission
cThe Simon Commission
dThe Hunter Commission
Answer: C
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
b12 March 1930
c1 August 1920
d26 January 1930
Answer: B
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
bQuit India Movement
cKhilafat Movement
dCivil Disobedience Movement
Answer: B
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?
aHindustan Socialist Republican Association
bSwaraj Party
cGhadar Party
dForward Bloc
Answer: D
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
bCripps Proposal
cAugust Offer
dMountbatten Plan
Answer: D
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:
a26 January 1950
b15 August 1947
c26 January 1930
d18 July 1947
Answer: B
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
cTinkathia system
dPermanent Settlement
Answer: C
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:
aIndependence Day (Purna Swaraj Day)
bMartyrs' Day
cDirect Action Day
dRepublic Day
Answer: A
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 Dalhousie
bLord William Bentinck
cLord Canning
dLord Cornwallis
Answer: A
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.
Who was the Chairman of the Drafting Committee of the Constituent Assembly of India?
aDr. Rajendra Prasad
bJawaharlal Nehru
cDr. B. R. Ambedkar
dSardar Vallabhbhai Patel
Answer: C
Dr. B. R. Ambedkar chaired the seven-member Drafting Committee constituted on 29 August 1947, while Dr. Rajendra Prasad was the President of the Constituent Assembly.
The words 'Socialist', 'Secular' and 'Integrity' were added to the Preamble of the Constitution by which amendment?
a42nd Amendment Act, 1976
b1st Amendment Act, 1951
c52nd Amendment Act, 1985
d44th Amendment Act, 1978
Answer: A
The 42nd Amendment Act, 1976 changed the Preamble to read 'Sovereign Socialist Secular Democratic Republic' and added 'and integrity' to the unity clause.
Dr. B. R. Ambedkar described which Article as the 'heart and soul' of the Constitution?
aArticle 14
bArticle 19
cArticle 21
dArticle 32
Answer: D
Article 32 guarantees the Right to Constitutional Remedies, enabling citizens to move the Supreme Court directly for enforcement of Fundamental Rights; Ambedkar called it the heart and soul of the Constitution.
The four criteria of statehood-a permanent population, a defined territory, a government, and the capacity to enter into relations with other States-are classically associated with which instrument?
aThe Geneva Convention, 1949
bThe Hague Convention, 1907
cThe Montevideo Convention on the Rights and Duties of States, 1933
dThe Vienna Convention on Diplomatic Relations, 1961
Answer: C
Article 1 of the Montevideo Convention, 1933 enumerates the four criteria of statehood and is treated as a customary statement of the declarative theory of statehood.
Which of the following is NOT one of the principal organs of the United Nations as enumerated in Article 7 of the UN Charter?
aThe Economic and Social Council
bThe International Labour Organisation
cThe Secretariat
dThe Trusteeship Council
Answer: B
Article 7 lists six principal organs: the General Assembly, Security Council, Economic and Social Council, Trusteeship Council, International Court of Justice and Secretariat. The ILO is a specialised agency, not a principal organ.
Under Article 25 of the UN Charter, the Members of the United Nations agree to accept and carry out the decisions of-
athe General Assembly
bthe Security Council
cthe International Court of Justice
dthe Economic and Social Council
Answer: B
Article 25 obliges Members to accept and carry out the decisions of the Security Council, which distinguishes the binding character of Council decisions from the generally recommendatory acts of the General Assembly.
The theory in international law which holds that international law and municipal law form a single unified legal order is known as-
aDelegation theory
bTransformation theory
cMonism
dDualism
Answer: C
Monism (associated with Kelsen) treats international and municipal law as parts of one legal system, whereas dualism regards them as two distinct systems requiring transformation for domestic application.
The advisory jurisdiction of the International Court of Justice may be invoked by-
aany national court of a member State
bany individual aggrieved by State action
conly the permanent members of the Security Council
dthe General Assembly, the Security Council, and other authorised UN organs and specialised agencies
Answer: D
Under Article 96 of the Charter and Article 65 of the Statute, the General Assembly, Security Council and other organs/agencies so authorised may request advisory opinions; only States may be parties in contentious cases.
Under Article 25 of the Statute of the International Court of Justice, a quorum of how many judges is sufficient to constitute the full Court?
aEleven judges
bNine judges
cFifteen judges
dSeven judges
Answer: B
Article 25(3) of the Statute provides that a quorum of nine judges shall suffice to constitute the Court, although the full Court is composed of fifteen members.
Which principal organ of the United Nations was charged with supervising the administration of trust territories and has suspended its operations since 1994?
aThe Trusteeship Council
bThe Economic and Social Council
cThe Military Staff Committee
dThe Secretariat
Answer: A
The Trusteeship Council supervised trust territories; it suspended operations in 1994 after Palau, the last trust territory, attained independence.
Under which Article of the Charter of the United Nations are the principal organs of the United Nations established?
aArticle 23
bArticle 7
cArticle 9
dArticle 3
Answer: B
Article 7(1) of the UN Charter establishes the six principal organs: the General Assembly, Security Council, Economic and Social Council, Trusteeship Council, International Court of Justice and the Secretariat.
The Security Council of the United Nations, as presently constituted under Article 23 of the Charter, consists of how many members?
aTwenty members
bTwelve members
cEleven members
dFifteen members
Answer: D
Following the amendment to Article 23, the Security Council consists of fifteen members: five permanent members and ten non-permanent members elected by the General Assembly.
Under Article 18 of the Charter of the United Nations, decisions of the General Assembly on 'important questions' shall be made by-
aA simple majority of the members present and voting
bA two-thirds majority of the members present and voting
cAn absolute majority of the total membership
dUnanimity of the members present and voting
Answer: B
Article 18(2) requires a two-thirds majority of members present and voting for important questions; under Article 18(3), other questions are decided by a simple majority.
Under Article 97 of the Charter of the United Nations, the Secretary-General is-
aElected directly by the General Assembly alone
bAppointed by the Security Council alone
cAppointed by the General Assembly upon the recommendation of the Security Council
dNominated by the International Court of Justice
Answer: C
Under Article 97, the Secretary-General is appointed by the General Assembly upon the recommendation of the Security Council, and is the chief administrative officer of the Organisation.
Under Article 4 of the Statute of the International Court of Justice, the members of the Court are elected by-
aThe Economic and Social Council
bThe General Assembly alone
cThe Security Council alone
dThe General Assembly and the Security Council
Answer: D
Under Article 4 of the Statute, the members of the Court are elected by the General Assembly and the Security Council from a list of persons nominated by the national groups in the Permanent Court of Arbitration.
Section 73 of the Indian Contract Act, 1872, which provides for compensation for loss caused by breach of contract, embodies the rule laid down in-
aTaylor v. Caldwell
bFelthouse v. Bindley
cHadley v. Baxendale
dTweddle v. Atkinson
Answer: C
Section 73 codifies the remoteness-of-damage rule of Hadley v. Baxendale (1854): damages arising naturally in the usual course, or which the parties knew to be likely, are recoverable, but not remote or indirect loss.
Where a sum is named in a contract as the amount to be paid in case of breach, Section 74 of the Indian Contract Act, 1872, entitles the aggrieved party to-
adouble the named sum where the breach is wilful
bthe named sum in every case, whether or not actual loss is proved
creasonable compensation not exceeding the sum named, whether or not actual loss is proved
donly the actual loss proved, the named sum being wholly disregarded
Answer: C
Under Section 74, the party complaining of breach is entitled to reasonable compensation not exceeding the amount named (or penalty stipulated), irrespective of whether actual damage is proved.
Under Section 126 of the Indian Contract Act, 1872, in a contract of guarantee the person who gives the guarantee is called the-
aindemnifier
bcreditor
cprincipal debtor
dsurety
Answer: D
Section 126 defines a contract of guarantee as one to perform the promise or discharge the liability of a third person on default; the person who gives the guarantee is the 'surety'.
Match List-I (party) with List-II (right) and select the correct answer using the code below. List-I: (A) Bankers (B) Wharfingers (C) Policy-brokers (D) An ordinary bailee with no contract to the contrary. List-II: (1) General lien under Section 171 (2) Particular lien under Section 170 only.
aA-1, B-1, C-1, D-2
bA-2, B-1, C-2, D-1
cA-1, B-2, C-2, D-1
dA-2, B-2, C-1, D-1
Answer: A
Section 171 confers a general lien on bankers, factors, wharfingers, attorneys of a High Court and policy-brokers; an ordinary bailee, absent contrary contract, has only the particular lien under Section 170.
Under Section 64 of the Indian Contract Act, 1872, when a person at whose option a contract is voidable rescinds it, he is bound to-
arestore any benefit received under the contract to the other party from whom it was received
bpay damages to the other party for rescission
cretain the benefit received as compensation
dobtain the prior permission of the court before rescission
Answer: A
Section 64 provides that the party rescinding a voidable contract must, so far as may be, restore any benefit received from the other party under the contract.
'A' offered a reward to anyone tracing his missing nephew. 'L', his servant, who at the time of finding the boy had no knowledge of the announcement, later claimed the reward. On these facts-
a'L' can claim the reward because a general offer needs no communication
b'L' cannot claim the reward as there was no acceptance of an offer of which he had knowledge
c'L' can claim the reward because he in fact performed the act
d'L' can claim half the reward on the principle of quantum meruit
Answer: B
Following Lalman Shukla v. Gauri Dutt, a person who performs the act without knowledge of the offer cannot accept it; there can be no acceptance, and hence no contract, where the offer was unknown to the offeree.
An agreement made by a minor under the Indian Contract Act, 1872 read with the leading decision in Mohori Bibee v. Dharmodas Ghose is-
avoid ab initio
bvoidable at the option of the other party
cvoidable at the option of the minor
dvalid but unenforceable until the minor attains majority
Answer: A
Since a minor is not competent to contract under Section 11, the Privy Council in Mohori Bibee v. Dharmodas Ghose held that an agreement by a minor is void ab initio.
Which of the following is NOT a recognised exception under Section 25 of the Indian Contract Act, 1872 to the rule that an agreement without consideration is void?
aA written and registered promise made on account of natural love and affection between parties standing in near relation
bA promise to compensate a person who has voluntarily done something for the promisor
cAn oral promise to make a gift to a stranger out of generosity
dA written promise to pay a debt barred by the law of limitation
Answer: C
Section 25 saves only the three classes named in clauses (1) to (3); a mere oral promise of a gift to a stranger, lacking writing/registration, near relation, past service or a time-barred debt, falls within none of them and remains void.
'A' agrees to sell to 'B' the cargo of a particular ship which, unknown to both parties at the time of the agreement, had already sunk and ceased to exist. The agreement is-
avoid, being an agreement to do an act impossible in itself
bvoidable at the option of 'B'
cvalid, 'A' being bound to procure a similar cargo
dvalid, but 'A' is excused from performance only
Answer: A
Under the first paragraph of Section 56, an agreement to do an act impossible in itself is void; where the subject matter does not exist at the time of agreement the contract is void for initial impossibility.
The doctrine of frustration, as explained by the Supreme Court in Satyabrata Ghose v. Mugneeram Bangur & Co., is in Indian law-
aan extension of the English principles applied de hors the statute
bfounded on the implied-term theory and not on any statutory provision
capplicable only to cases of physical impossibility under Section 32
dan aspect of the law of discharge of contract by supervening impossibility, falling within the purview of Section 56
Answer: D
The Supreme Court held that the doctrine of frustration is an aspect of discharge by supervening impossibility or illegality and is governed by Section 56, not by the English implied-term theory.
Where a contract is broken and a sum is named in the contract as the amount to be paid in case of breach, Section 74 of the Indian Contract Act, 1872 entitles the aggrieved party to-
areasonable compensation not exceeding the sum so named, whether or not actual loss is proved
bthe sum named together with interest at the contractual rate
cactual loss proved, even if it exceeds the sum named
dthe whole sum named, irrespective of proof of loss
Answer: A
Section 74 entitles the party complaining of breach to reasonable compensation not exceeding the amount named or penalty stipulated, whether or not actual loss is proved, as affirmed in Fateh Chand v. Balkishan Dass.
Under Section 73 of the Indian Contract Act, 1872, compensation is NOT recoverable for-
aloss caused by breach of a quasi-contractual obligation
bany remote and indirect loss or damage sustained by reason of the breach
closs which the parties knew, when they made the contract, to be likely to result from the breach
dloss naturally arising in the usual course of things from the breach
Answer: B
The Explanation to Section 73 expressly bars compensation for any remote and indirect loss; recovery is confined to loss arising naturally or which both parties knew to be likely, the rule in Hadley v. Baxendale.
A 'contract of guarantee' under Section 126 of the Indian Contract Act, 1872 is correctly described as-
aa contract to indemnify the surety against the principal debtor
ba contract to perform the promise, or discharge the liability, of a third person in case of his default
ca contract to save the promisee from loss caused by the conduct of the promisor
da contract by which one party deposits goods as security for a debt
Answer: B
Section 126 defines a contract of guarantee as a contract to perform the promise, or discharge the liability, of a third person in case of his default, involving three parties: surety, principal debtor and creditor.
Which one of the following correctly distinguishes a contract of indemnity (Section 124) from a contract of guarantee (Section 126) under the Indian Contract Act, 1872?
aThere are two parties in a guarantee but three parties in an indemnity
bAn indemnity is always conditional while a guarantee is always absolute
cThere are two parties in an indemnity but three parties in a guarantee
dBoth involve exactly three parties in every case
Answer: C
A contract of indemnity (Section 124) involves two parties, the indemnifier and the indemnity-holder, whereas a contract of guarantee (Section 126) involves three parties, the creditor, the principal debtor and the surety.
Every agreement by which any person is restrained from exercising a lawful profession, trade or business is, under Section 27 of the Indian Contract Act, 1872-
avoidable at the option of the party restrained
bvalid only if the restraint is partial and not general
cvalid if the restraint imposed is reasonable in the circumstances
dvoid to that extent, subject only to the exception relating to sale of goodwill
Answer: D
Section 27 makes such agreements void to that extent regardless of reasonableness; the only statutory exception in the section itself concerns one who sells the goodwill of a business agreeing to a reasonable restraint.
For protection under Section 41 of the Transfer of Property Act, 1882 (transfer by ostensible owner), which of the following must the transferee establish? 1. The transferor was the ostensible owner with the express or implied consent of the real owner. 2. The transfer was for consideration. 3. The transferee acted in good faith after taking reasonable care to ascertain the transferor's power to transfer. Select the correct answer:
aOnly 1 and 3
b1, 2 and 3
cOnly 2 and 3
dOnly 1 and 2
Answer: B
Section 41 protects a transferee for consideration only if the transferor was ostensible owner by consent of the real owner and the transferee acted in good faith after reasonable care; all three elements are required.
Which one of the following correctly states the requirement of Section 53A of the Transfer of Property Act, 1882 (doctrine of part performance)?
aIt confers a good title on the transferee in possession even on the basis of an oral contract
bIt is available only as a passive equity (a shield) to protect the transferee's possession and not as a sword to confer title, and requires a written, signed contract
cIt allows the transferor to recover possession despite the part-performed written contract
dIt applies to gifts of immovable property where possession has been delivered
Answer: B
Section 53A requires a contract in writing signed by the transferor, possession taken in part performance, and operates only as a defence to bar the transferor; it does not create title and an oral contract is insufficient.
Under Section 54 of the Transfer of Property Act, 1882, in the case of tangible immovable property of the value of one hundred rupees and upwards, the sale can be made-
aonly by delivery of possession of the property
bonly by a registered instrument
cby an oral agreement accompanied by delivery of possession
deither by a registered instrument or by delivery of the property
Answer: B
Section 54 mandates that tangible immovable property worth one hundred rupees or more can be transferred only by a registered instrument; delivery alone suffices only where the value is less than one hundred rupees.
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-
aby an unregistered instrument signed by the lessor alone
beither by a registered instrument or by oral agreement
conly by a registered instrument
dby an oral agreement accompanied by delivery of possession
Answer: C
Section 107 requires that a lease from year to year, exceeding one year, or reserving a yearly rent be made only by a registered instrument; all other leases may be oral with delivery of possession.
In the absence of a contract or local usage to the contrary, under Section 106 of the Transfer of Property Act, 1882, a lease of immovable property for manufacturing purposes is deemed to be-
aa lease for a fixed term of one year, not terminable by notice
ba lease from year to year, terminable by six months' notice
ca tenancy at will, terminable without any notice
da lease from month to month, terminable by fifteen days' notice
Answer: B
Section 106 deems a lease for agricultural or manufacturing purposes to be from year to year, terminable by six months' notice; leases for any other purpose are month to month, terminable by fifteen days' notice.
Under Section 123 of the Transfer of Property Act, 1882, for making a valid gift of immovable property, the transfer must be effected by-
adelivery of possession only
ban oral declaration in the presence of two witnesses
can unregistered instrument signed by the donor
da registered instrument signed by or on behalf of the donor and attested by at least two witnesses
Answer: D
Section 123 requires a gift of immovable property to be made by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses; delivery suffices only for movable property.
A gifts a field to B reserving to himself, with B's assent, the right to take back the field in case B and his descendants die before A. B dies without descendants in A's lifetime. With reference to Section 126 of the Transfer of Property Act, 1882, the gift-
amay be revoked by A, as it was subject to an agreed condition not depending merely on the will of the donor
bmay be revoked only by a fresh registered deed of the donee
ccannot be revoked because a registered gift is always irrevocable
dis void ab initio for being conditional
Answer: A
Section 126 permits revocation where the donor and donee agree that on the happening of a specified event (not depending on the donor's mere will) the gift shall be revoked; this is its statutory illustration.
The doctrine embodied in Section 52 of the Transfer of Property Act, 1882, rests on the maxim "ut lite pendente nihil innovetur". The effect of this doctrine on a transfer made during the pendency of a suit in which the right to the immovable property is directly and specifically in question is that the transfer-
ais valid but the transferee takes subject to the result of the suit
bis absolutely void and creates no interest whatsoever
cis valid and wholly unaffected by the decree in the suit
dis voidable at the option of the transferor only
Answer: A
Section 52 does not render the transfer void; it remains valid but the transferee is bound by the decree or order made in the pending suit, so the transfer cannot affect the rights of any other party thereunder.
Under Section 25 of the Transfer of Property Act, 1882, where an interest is created on a condition precedent that is impossible, or is forbidden by law, or is of such a nature that, if permitted, it would defeat the provisions of any law, or is fraudulent, or involves injury to the person or property of another, or is immoral or opposed to public policy, the transfer-
atakes effect only on substantial compliance with the condition
bis voidable at the option of the transferee
ctakes effect freed from the condition
dis void
Answer: D
Section 25 provides that an interest dependent on an unlawful or impossible condition precedent fails altogether; the transfer is void, unlike Section 31 dealing with conditions subsequent.
The doctrine of election under Section 35 of the Transfer of Property Act, 1882, is founded on which principle?
aHe who seeks equity must do equity, requiring that one who accepts a benefit under an instrument must adopt the whole of it and renounce inconsistent rights
bQui prior est tempore potior est jure
cNemo dat quod non habet
dCaveat emptor
Answer: A
Section 35 embodies the equitable principle that a person taking a benefit under a transaction must also bear its burden and cannot approbate and reprobate, hence must elect either to confirm the transfer or relinquish the benefit.
Under Section 14 of the Transfer of Property Act, 1882, the maximum period for which the vesting of an interest may be postponed is:
aThe life or lives of one or more persons living at the date of the transfer plus the minority of some person who shall be in existence at the expiration of that period
bThe minority of the ultimate beneficiary, regardless of any prior life interest
cThe life or lives of one or more persons living at the date of the transfer plus a period of eighteen years thereafter
dA fixed period of twenty-one years from the date of the transfer
Answer: A
Section 14 (rule against perpetuity) permits postponement of vesting only up to the lifetime of one or more living persons plus the minority of a person who exists at the expiration of those lives. The English '21 years in gross' rule does not apply in India.
'A', the karta of a joint Hindu family, sells the chance of his nephew succeeding to family property to 'B' for consideration. The transfer is:
aValid, as it is a transfer of a beneficial interest in immovable property
bVoid, being a transfer of spes successionis which is prohibited under Section 6(a)
cVoidable at the option of the nephew
dValid only after the death of the propositus
Answer: B
Section 6(a) bars transfer of the chance of an heir-apparent succeeding to an estate (spes successionis); such a transfer is void ab initio, not merely voidable.
In Jumma Masjid, Mercara v. Kodimaniandra Deviah (AIR 1962 SC 847), the Supreme Court reconciled Section 6(a) with Section 43 of the Transfer of Property Act by holding that:
aSection 43 is wholly subordinate to Section 6(a), so a transfer of spes successionis can never be validated
bBoth sections operate identically and a transferee can elect between them at will
cSection 6(a) is a rule of substantive law while Section 43 embodies a rule of estoppel, and a transferee for consideration who acted on the transferor's representation of a present transferable title may invoke Section 43 when the transferor subsequently acquires the interest
dSection 43 applies only to gratuitous transfers
Answer: C
The Court held Section 6(a) (substantive law) and Section 43 (rule of estoppel/evidence) occupy different fields; a transferee misled by a false representation of present title may claim the after-acquired interest under Section 43.
Which of the following statements regarding the doctrine of lis pendens under Section 52 of the Transfer of Property Act, 1882 is correct?
aIt renders a transfer made during the pendency of a suit void ab initio
bIt applies only to suits relating to movable property
cIt is founded on expediency and necessity for final adjudication, expressed in the maxim 'ut lite pendente nihil innovetur', and the transferee pendente lite is bound by the result of the suit
dIt rests on the doctrine of constructive notice to the transferee
Answer: C
Section 52 does not avoid the transfer but binds the transferee pendente lite to the decree; its basis is necessity and public policy (not notice), as explained in Bellamy v. Sabine and Indian decisions.
Match List-I (Article) with List-II (Subject) and select the correct answer using the code given below:
List-I: (1) Article 124 (2) Article 217 (3) Article 233 (4) Article 312
List-II: (P) Appointment of district judges (Q) Establishment and constitution of the Supreme Court (R) All India Services (S) Appointment of High Court Judges
a1-S, 2-Q, 3-R, 4-P
b1-Q, 2-P, 3-S, 4-R
c1-Q, 2-S, 3-P, 4-R
d1-R, 2-S, 3-P, 4-Q
Answer: C
Article 124 deals with establishment of the Supreme Court, Article 217 with appointment of High Court Judges, Article 233 with appointment of district judges, and Article 312 with All India Services.
In S.R. Bommai v. Union of India (1994), the Supreme Court was primarily concerned with the scope of which constitutional provision and its judicial reviewability?
aArticle 356 - Provisions in case of failure of constitutional machinery in a State
bArticle 365 - Effect of failure to comply with directions given by the Union
cArticle 360 - Provisions as to financial emergency
dArticle 352 - Proclamation of National Emergency
Answer: A
In S.R. Bommai v. Union of India, (1994) 3 SCC 1, a nine-Judge Bench held that a Proclamation under Article 356 is subject to judicial review and that secularism is part of the basic structure. Article 356 deals with failure of constitutional machinery in a State (President's Rule).
Which was the largest Bench of the Supreme Court of India ever constituted, and in which case did it lay down that Parliament cannot, under Article 368, alter the basic structure of the Constitution?
aA Bench of 7 Judges in Minerva Mills v. Union of India
bA Bench of 9 Judges in I.R. Coelho v. State of Tamil Nadu
cA Bench of 13 Judges in Kesavananda Bharati v. State of Kerala
dA Bench of 11 Judges in Golak Nath v. State of Punjab
Answer: C
Kesavananda Bharati v. State of Kerala (1973) was decided by a 13-Judge Bench, the largest in the Court's history, holding by 7:6 that Article 368 does not empower Parliament to destroy the basic structure of the Constitution.
Assertion (A): The writ jurisdiction of a High Court is wider in scope than that of the Supreme Court. Reason (R): Unlike Article 32, Article 226 permits writs to be issued for the enforcement of fundamental rights 'and for any other purpose'. Select the correct answer:
aBoth (A) and (R) are true and (R) is the correct explanation of (A)
bBoth (A) and (R) are true but (R) is not the correct explanation of (A)
c(A) is true, but (R) is false
d(A) is false, but (R) is true
Answer: A
Article 32 is available only for enforcement of fundamental rights, whereas Article 226 allows a High Court to issue writs both for fundamental rights and 'for any other purpose', making its jurisdiction wider. (R) correctly explains (A).
Under the Constitution of India, appointment, posting and promotion of district judges in a State is made by which authority?
aThe Governor of the State acting at his own discretion
bThe High Court alone, the Governor's role being merely formal
cThe Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State
dThe State Public Service Commission in consultation with the Governor
Answer: C
Article 233(1) provides that appointment, posting and promotion of district judges shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction over that State.
The control over district courts and courts subordinate thereto, including posting, promotion and grant of leave to persons holding posts inferior to that of district judge, is vested in the High Court under which Article?
aArticle 235
bArticle 234
cArticle 233
dArticle 237
Answer: A
Article 235 vests in the High Court the control over district courts and courts subordinate thereto, including posting, promotion and grant of leave of persons in the judicial service holding posts inferior to district judge.
Which one of the following statements regarding the Preamble of the Constitution is correct?
aThe Preamble can by itself confer substantive powers on the legislature
bIn Kesavananda Bharati (1973) the Supreme Court held that the Preamble is part of the Constitution, departing from the view in Berubari Union
cIn Berubari Union (1960) the Supreme Court held the Preamble to be a part of the Constitution
dThe Preamble has never been amended since the commencement of the Constitution
Answer: B
In Re Berubari Union (1960) the Court observed the Preamble was not part of the Constitution; this was reconsidered in Kesavananda Bharati (1973) which held that the Preamble is a part of the Constitution. (The Preamble was also amended by the 42nd Amendment, 1976.)
Match List-I (Constitutional Provision) with List-II (Subject Matter) and select the correct answer using the code given below:
List-I: (A) Article 213 (B) Article 200 (C) Article 233 (D) Article 235
List-II: (1) Assent to Bills by the Governor (2) Power of Governor to promulgate Ordinances (3) High Court's control over subordinate courts (4) Appointment of district judges
aA-1, B-2, C-3, D-4
bA-1, B-2, C-4, D-3
cA-2, B-1, C-3, D-4
dA-2, B-1, C-4, D-3
Answer: D
Article 213 is the Governor's ordinance-making power; Article 200 deals with assent to Bills; Article 233 with appointment of district judges; and Article 235 with the High Court's control over subordinate courts.
The Governor of a State may promulgate an Ordinance during the recess of the State Legislature under which Article, such Ordinance having the same force as an Act of the State Legislature?
aArticle 200
bArticle 123
cArticle 213
dArticle 356
Answer: C
Article 213 empowers the Governor to promulgate Ordinances during recess of the State Legislature when immediate action is necessary; such an Ordinance has the same force and effect as an Act assented to by the Governor. Article 123 is the corresponding power of the President.
Under Article 243-O of the Constitution, the validity of any election to a Panchayat can be questioned -
aBy a writ petition under Article 226 before the High Court
bOnly by an election petition presented to such authority and in such manner as provided by law made by the State Legislature
cBy an appeal directly to the Supreme Court under Article 136
dBefore the State Election Commission acting as an appellate body
Answer: B
Article 243-O(b) bars courts from entertaining challenges to Panchayat elections except by an election petition presented to the authority and in the manner provided by a law made by the State Legislature.
In S.R. Bommai v. Union of India (1994), the Supreme Court held that the strength of a Ministry, when its majority is in doubt after invocation of Article 356, must be tested -
aOn the floor of the Legislative Assembly
bBy the subjective satisfaction of the Governor based on his own assessment
cBy the President on the advice of the Union Council of Ministers
dBy the Election Commission of India
Answer: A
Bommai held that the proper test of majority is a floor test in the Legislative Assembly, not the Governor's subjective assessment, and that the Proclamation under Article 356 is subject to judicial review.
Under Article 200 of the Constitution, when a Bill is presented to the Governor after passage by the State Legislature, the Governor may NOT -
aReserve the Bill for the consideration of the President
bWithhold assent to the Bill
cAssent to the Bill
dHimself amend the substantive provisions of the Bill and then assent to it as amended
Answer: D
Article 200 permits the Governor to assent, withhold assent, or reserve a Bill for the President's consideration (and to return a non-money Bill for reconsideration); it does not allow the Governor to unilaterally amend the substantive content of the Bill.
The theory of 'social engineering', under which law is a means of balancing competing interests so as to satisfy the maximum of wants with the minimum of friction, is associated with-
aEugen Ehrlich
bRoscoe Pound
cLeon Duguit
dRudolf von Jhering
Answer: B
Roscoe Pound, the leading figure of sociological jurisprudence, propounded the theory of social engineering and classified interests into individual, public and social interests to be balanced through law.
Match List-I (Jurist) with List-II (Concept) and select the correct answer using the code given below:
List-I: (A) Roscoe Pound (B) Hans Kelsen (C) Leon Duguit (D) John Rawls
List-II: (1) Grundnorm (2) Social Solidarity (3) Theory of Justice (4) Social Engineering
aA-1, B-4, C-2, D-3
bA-4, B-1, C-2, D-3
cA-4, B-3, C-2, D-1
dA-2, B-1, C-4, D-3
Answer: B
Pound gave the theory of social engineering, Kelsen the Grundnorm, Duguit the doctrine of social solidarity, and Rawls the theory of justice (as fairness).
The doctrine of 'stare decisis', the basis of the rule of binding precedent, signifies that-
aObiter dicta of a superior court are binding on subordinate courts
bA court can never depart from its own earlier decision
cCourts should stand by decided points and not disturb settled matters
dEvery decision of a court binds courts of co-ordinate jurisdiction
Answer: C
Stare decisis ('to stand by things decided') is the principle that courts should follow settled rulings; it is the ratio decidendi, not obiter dicta, that has binding force.
Which of the following statements regarding 'ratio decidendi' and 'obiter dicta' is correct?
aRatio decidendi is binding while obiter dicta have only persuasive value
bBoth ratio decidendi and obiter dicta are binding as precedent
cObiter dicta are binding while ratio decidendi is merely persuasive
dNeither has any authority as precedent
Answer: A
The ratio decidendi-the legal principle on which the decision rests-constitutes the binding part of a precedent, whereas obiter dicta (observations not necessary for the decision) carry only persuasive value.
The author of the book 'The Concept of Law' (1961), who criticised Austin's command theory and propounded the 'rule of recognition', is-
aJoseph Raz
bLon L. Fuller
cRonald Dworkin
dH.L.A. Hart
Answer: D
H.L.A. Hart authored 'The Concept of Law', where he rejected Austin's sovereign-command model and explained law as a union of primary and secondary rules, including the rule of recognition.
In which case did the Supreme Court hold that constitutional morality must prevail over notions of social morality, while striking down the exclusion of women aged 10 to 50 from a temple?
aNavtej Singh Johar v. Union of India
bJoseph Shine v. Union of India
cShayara Bano v. Union of India
dIndian Young Lawyers Association v. State of Kerala
Answer: D
In Indian Young Lawyers Association v. State of Kerala (the Sabarimala case, 2018), the Supreme Court held that constitutional morality must prevail over social or popular morality.
Leon Duguit founded his theory of law on a single overriding principle, denying the metaphysical concept of sovereignty. That principle is-
aSocial solidarity based on division of labour
bThe greatest happiness of the greatest number
cThe command of a determinate sovereign
dThe pure theory of norms
Answer: A
Duguit built his doctrine on 'social solidarity', rooted in interdependence and the division of labour, and rejected the notion of State sovereignty and subjective rights.
Friedrich Karl von Savigny, the founder of the Historical School, propounded that law is the product of the spirit and common consciousness of the people. He described this source of law as-
aThemistes
bLex naturalis
cVolksgeist
dGrundnorm
Answer: C
Savigny held that law grows organically from the 'Volksgeist'-the national spirit or common consciousness of a people-and cannot be arbitrarily imposed by a legislator.
According to John Austin's command theory, law is the command of the sovereign backed by a sanction. Which of the following, in Austin's view, is NOT properly 'law'?
aA rule whose breach attracts a sanction
bA statute enacted by the legislature
cAn order of a delegate of the sovereign
dCustomary rules not enforced by the sovereign
Answer: D
For Austin, only commands of a determinate sovereign backed by sanction are positive law; customary rules lack the sovereign's command and so fall outside his definition of law properly so called.
The concept of 'Grundnorm' as the basic norm from which all other norms of a legal system derive their validity was propounded by:
aH.L.A. Hart
bLon Fuller
cHans Kelsen
dJeremy Bentham
Answer: C
Hans Kelsen's Pure Theory of Law posits the Grundnorm as the ultimate, presupposed basic norm that validates the entire hierarchy of legal norms within a system.
In his concept of law, H.L.A. Hart described a legal system as a union of:
aCommands and sanctions
bGrundnorm and derivative norms
cRights and corresponding duties
dPrimary rules of obligation and secondary rules
Answer: D
In 'The Concept of Law', Hart explained law as the union of primary rules (imposing duties) and secondary rules (rules of recognition, change and adjudication).
Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) lays down that:
aAll persons are competent to testify unless prevented from understanding the questions or giving rational answers
bAn accused person can never be a competent witness
cA child of tender years is always incompetent to testify
dOnly persons above eighteen years are competent to testify
Answer: A
Section 124 of the Bharatiya Sakshya Adhiniyam, 2023 makes competency the rule: all persons are competent to testify unless the Court considers that, by tender years, extreme old age, disease or any like cause, they cannot understand the questions or give rational answers.
Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) bars proof of a confession made by an accused while in police custody UNLESS it is made:
aIn the immediate presence of a Magistrate
bIn writing and signed by two witnesses
cTo a fellow prisoner
dAfter the accused has been released on bail
Answer: A
Section 23(2) BSA (formerly Section 26 IEA) prohibits proof of a confession made while in police custody against the accused, except where it is made in the immediate presence of a Magistrate.
Illustration (g) to Section 119 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) enables the Court to presume that:
aEvidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it
bAn accomplice is unworthy of credit unless corroborated
cA man in possession of stolen goods soon after the theft is the thief
dA document thirty years old is genuine
Answer: A
Illustration (g) to Section 119 BSA (formerly Section 114 IEA) permits the Court to presume that evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it; option (c) corresponds to illustration (a) and option (a) to illustration (b).
Section 23(1) and Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023 (BSA) are based principally on the policy of:
aExcluding hearsay evidence
bEnsuring corroboration of every confession
cPreventing extraction of confessions by inducement, threat or torture in police custody
dProtecting privileged communications between spouses
Answer: C
Section 23(1) and 23(2) BSA (formerly Sections 25 and 26 IEA) are rules of caution designed to prevent the practice of extorting confessions through oppression or torture in police custody; the proviso to Section 23(2) BSA (formerly Section 27 IEA) carves out a limited exception confined to facts distinctly discovered.
Under the Bharatiya Sakshya Adhiniyam, 2023, a confession made by an accused person to a police officer is dealt with by which provision?
aSection 22
bSection 26
cSection 24
dSection 23
Answer: D
Section 23(1) of the BSA, 2023 provides that no confession made to a police officer shall be proved as against a person accused of any offence; it corresponds to Section 25 of the repealed Indian Evidence Act, 1872.
The rule that so much of the information received from an accused in police custody as relates distinctly to the fact thereby discovered may be proved (formerly Section 27 of the Indian Evidence Act) is now contained in which provision of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 22
bSection 27
cThe proviso to Section 23(2)
dSection 24
Answer: C
The proviso to Section 23(2) of the BSA, 2023 preserves the old Section 27 'discovery' rule, allowing so much of the information as relates distinctly to the fact discovered to be proved even though it was given while in police custody.
A confession appearing to the Court to have been caused by inducement, threat, coercion or promise referring to the charge is irrelevant in a criminal proceeding under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 23
bSection 25
cSection 21
dSection 22
Answer: D
Section 22 of the BSA, 2023 makes irrelevant a confession caused by inducement, threat, coercion or promise; it corresponds to Section 24 of the Indian Evidence Act, 1872.
Under Section 24 of the Bharatiya Sakshya Adhiniyam, 2023, when more persons than one are being tried jointly for the same offence and a confession by one affecting himself and the others is proved, a trial held in the absence of an accused who has absconded after a proclamation is, by the Explanation, deemed to be -
aA joint trial for the purpose of that section
bA mistrial unless the absconder appears
cOutside the scope of that section
dA separate trial of each accused
Answer: A
Section 24 of the BSA, 2023 (consideration of a proved confession affecting the person making it and others jointly under trial for the same offence; corresponding to Section 30 of the old Indian Evidence Act) adds an Explanation deeming a trial held in the absence of an accused who has absconded or failed to comply with a proclamation issued under Section 84 BNSS to be a joint trial for the purpose of considering the confession.
Statements made by a person as to the cause of his death, or as to the circumstances of the transaction resulting in his death (dying declaration), are relevant under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 23
bSection 26
cSection 39
dSection 32
Answer: B
Section 26 of the BSA, 2023 deals with cases in which a statement of relevant fact by a person who is dead or cannot be found, etc., is relevant, including dying declarations; it corresponds to Section 32 of the Indian Evidence Act, 1872.
Opinions of experts upon a point of foreign law, science, art, handwriting or finger impressions are relevant under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 45
bSection 47
cSection 39
dSection 50
Answer: C
Section 39 of the BSA, 2023 governs opinions of experts and also makes relevant the opinion of the Examiner of Electronic Evidence under Section 79A of the Information Technology Act, 2000; it corresponds to Section 45 of the Indian Evidence Act, 1872.
Under Section 138 of the Bharatiya Sakshya Adhiniyam, 2023, an accomplice is a competent witness, and a conviction is not illegal merely because it proceeds upon -
aThe hearsay statement of an accomplice
bThe uncorroborated testimony of an accomplice
cThe corroborated testimony of an accomplice
dThe retracted confession of an accomplice
Answer: C
Section 138 of the BSA, 2023 expressly states that a conviction is not illegal merely because it proceeds upon the corroborated testimony of an accomplice, codifying the rule of prudence; this differs from Section 133 of the Indian Evidence Act, which spoke of an uncorroborated accomplice.
The principle that no particular number of witnesses shall in any case be required for the proof of any fact is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 139
bSection 124
cSection 134
dSection 138
Answer: A
Section 139 of the BSA, 2023 provides that no particular number of witnesses shall in any case be required for the proof of any fact; it corresponds to Section 134 of the Indian Evidence Act, 1872.
A question which suggests the answer that the person putting it wishes or expects to receive (a leading question) is defined and regulated under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 141
bSection 146
cSection 151
dSection 143
Answer: B
Section 146 of the BSA, 2023 defines a leading question and provides that, if objected to, it may not be asked in examination-in-chief or re-examination except with the Court's permission, but may be asked in cross-examination; it corresponds to Sections 141-142 of the old Act.
The fact that any child born during the continuance of a valid marriage, or within 280 days after its dissolution (the mother remaining unmarried), is conclusive proof of legitimacy is now embodied in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 114
bSection 119
cSection 112
dSection 116
Answer: D
Section 116 of the BSA, 2023 deals with conclusive proof of legitimacy of a child born during marriage; it corresponds to Section 112 of the Indian Evidence Act, 1872, the only exception being non-access of the parties.
Communications made between spouses during marriage are protected from compelled disclosure under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 122
bSection 128
cSection 132
dSection 124
Answer: B
Section 128 of the BSA, 2023 protects communications during marriage, providing that no married person shall be compelled (or permitted, save with consent) to disclose such communication; it corresponds to Section 122 of the Indian Evidence Act, 1872.
Under the Bharatiya Sakshya Adhiniyam, 2023, the competency of witnesses, namely that every person including a child is competent to testify unless prevented from understanding the questions or giving rational answers, is provided in -
aSection 120
bSection 139
cSection 118
dSection 124
Answer: D
Section 124 of the BSA, 2023 lays down who may testify, retaining the competency standard of Section 118 of the Indian Evidence Act, 1872 - every person is competent unless the Court considers him incapable of understanding or giving rational answers.
Admissibility of electronic records, including the requirement of a certificate, is now provided under which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 65B
bSection 61
cSection 39
dSection 63
Answer: D
Section 63 of the BSA, 2023 governs admissibility of electronic records and the accompanying certificate; it corresponds to Section 65B of the Indian Evidence Act, 1872, with electronic records now treated as documentary evidence.
The Court's power to presume the existence of certain facts, such as that a man in possession of stolen goods soon after the theft is either the thief or a receiver, is contained in which section of the Bharatiya Sakshya Adhiniyam, 2023?
aSection 116
bSection 114
cSection 124
dSection 119
Answer: D
Section 119 of the BSA, 2023 empowers the Court to presume the existence of facts likely to have happened, regard being had to the common course of events; it corresponds to Section 114 of the Indian Evidence Act, 1872, including the illustration regarding possession of stolen goods.
Temporary injunctions and interlocutory orders to restrain waste, damage or alienation of property in dispute are dealt with under which provision of the Code of Civil Procedure, 1908?
aOrder 21, Rule 1
bOrder 39, Rules 1 and 2
cOrder 40, Rule 1
dOrder 38, Rules 1 and 2
Answer: B
Order 39 Rules 1 and 2 (read with Section 94(c)) empower the court to grant a temporary injunction, inter alia, where property in dispute is in danger of being wasted, damaged, alienated, or wrongfully sold in execution.
Under Section 96 of the Code of Civil Procedure, 1908, a first appeal lies from:
aevery order passed by a civil court
ba consent decree passed with the agreement of parties
ca decree passed in second appeal only
dan original decree passed by a court exercising original jurisdiction, except where otherwise expressly provided
Answer: D
Section 96 provides that, save where otherwise expressly provided, an appeal shall lie from every decree passed by a court exercising original jurisdiction; notably, Section 96(3) bars an appeal from a decree passed with the consent of parties.
Where a defendant, against whom a decree has been passed ex parte, applies to have it set aside on the ground that summons was not duly served or he was prevented by sufficient cause from appearing, the application is made under:
aOrder 9, Rule 13
bOrder 9, Rule 9
cOrder 41, Rule 1
dOrder 47, Rule 1
Answer: A
Order 9 Rule 13 enables a defendant against whom an ex parte decree is passed to apply for setting it aside on proof that summons was not duly served or that he was prevented by sufficient cause from appearing. Order 9 Rule 9 deals with dismissal of suits for plaintiff's default.
The inherent powers of a civil court to make orders necessary for the ends of justice or to prevent abuse of the process of the court are preserved under which provision of the Code of Civil Procedure, 1908?
aSection 148
bSection 151
cSection 149
dSection 153
Answer: B
Section 151 saves the inherent powers of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court; these powers are not conferred but inherent in the court.
Under the Code of Civil Procedure, 1908, the courts shall have jurisdiction to try all suits of a civil nature excepting suits of which their cognizance is either expressly or impliedly barred. This rule is contained in -
aSection 15
bSection 9
cSection 20
dSection 11
Answer: B
Section 9 CPC confers on civil courts jurisdiction to try all suits of a civil nature unless their cognizance is expressly or impliedly barred. It embodies a presumption in favour of the civil court's jurisdiction.
Which one of the following Sections of the Code of Civil Procedure, 1908 deals with the 'settlement of disputes outside the court'?
aSection 94
bSection 90
cSection 89
dSection 88
Answer: C
Section 89 CPC empowers the court to refer disputes for settlement through arbitration, conciliation, judicial settlement including Lok Adalat, or mediation where elements of a settlement exist.
The doctrine of res judicata, barring a court from trying any suit or issue already finally decided between the same parties by a competent court, is enacted in -
aSection 13
bSection 10
cSection 12
dSection 11
Answer: D
Section 11 CPC embodies the rule of res judicata, giving finality to judicial decisions and preventing the same matter from being re-litigated between the same parties.
A suit for the recovery of immovable property with or without rent or profits shall be instituted in the court within the local limits of whose jurisdiction the property is situate. This is provided under -
aSection 19
bSection 20
cSection 16
dSection 15
Answer: C
Section 16 CPC requires suits concerning immovable property (recovery, partition, foreclosure, sale, redemption, etc.) to be instituted where the property is situate.
Match List-I with List-II and select the correct answer using the code given below:
List-I
(A) Res judicata
(B) Restitution
(C) Notice to Government
(D) Compensatory costs
List-II
1. Section 35A
2. Section 11
3. Section 80
4. Section 144
Code:
aA-2, B-4, C-1, D-3
bA-2, B-3, C-4, D-1
cA-2, B-4, C-3, D-1
dA-1, B-4, C-3, D-2
Answer: C
Res judicata is Section 11, restitution is Section 144, notice to Government/public officer is Section 80, and compensatory costs for false or vexatious claims is Section 35A.
No suit shall be instituted against the Government in respect of any act purporting to be done by a public officer in his official capacity until the expiration of how many months' notice in writing?
aOne month
bSix months
cThree months
dTwo months
Answer: D
Section 80 CPC mandates a two months' prior notice in writing before instituting a suit against the Government or a public officer for acts done in official capacity.
Which of the following provisions of the Code of Civil Procedure, 1908 deals with compensatory costs in respect of false or vexatious claims or defences?
aSection 36
bSection 35A
cSection 35
dSection 35B
Answer: B
Section 35A CPC empowers the court to award costs by way of compensation where a claim or defence is false or vexatious to the knowledge of the party putting it forward.
An appeal from every decree passed by a court exercising original jurisdiction (first appeal) lies under which Section of the Code of Civil Procedure, 1908?
aSection 100
bSection 96
cSection 115
dSection 104
Answer: B
Section 96 CPC provides for a first appeal from an original decree to the court authorised to hear appeals; second appeals on a substantial question of law lie under Section 100.
Under the Code of Civil Procedure, 1908, a second appeal to the High Court shall lie only on the ground that the case involves -
aimproper appreciation of evidence
bany question of law or fact
ca substantial question of law
dan error of fact
Answer: C
Section 100 CPC permits a second appeal to the High Court only where the case involves a substantial question of law, which must be formulated by the Court.
The power of the High Court to call for the record of any case decided by a subordinate court in which no appeal lies, where the subordinate court has exercised jurisdiction not vested in it or failed to exercise jurisdiction so vested, is known as -
aRevision under Section 115
bReview under Section 114
cAppeal under Section 96
dReference under Section 113
Answer: A
Section 115 CPC confers revisional jurisdiction on the High Court to correct jurisdictional errors of subordinate courts in cases where no appeal lies.
Application for restitution, where a decree is varied or reversed in appeal so as to place the parties in the position they would have occupied, is provided under -
aSection 148
bSection 144
cSection 141
dSection 151
Answer: B
Section 144 CPC provides for restitution, requiring the court to place the parties, so far as may be, in the position they occupied before the decree that has been varied or reversed.
Match List-I (Order of CPC) with List-II (subject) and select the correct answer using the code given below:
List-I
(A) Order VI
(B) Order VII
(C) Order VIII
(D) Order XXXIX
List-II
1. Plaint
2. Pleadings generally
3. Temporary injunctions
4. Written statement
Code:
aA-4, B-1, C-2, D-3
bA-2, B-1, C-4, D-3
cA-2, B-1, C-3, D-4
dA-1, B-2, C-4, D-3
Answer: B
Order VI deals with pleadings generally, Order VII with the plaint, Order VIII with the written statement, set-off and counterclaim, and Order XXXIX with temporary injunctions and interlocutory orders.
Under the Code of Civil Procedure, 1908, the execution of decrees is governed in detail by which Order?
aOrder XXI
bOrder XX
cOrder XXII
dOrder XXIII
Answer: A
Order XXI CPC is the longest Order in the Code and contains the detailed procedure for execution of decrees and orders, including attachment, sale and arrest.
In Daryao v. State of U.P., AIR 1961 SC 1457, the Supreme Court held that the principle of res judicata -
aapplies only to suits and never to constitutional remedies
bhas no application whatsoever to writ petitions under Article 32
capplies to writ petitions, so that a matter decided in a writ petition under Article 226 bars a subsequent petition between the same parties on the same matter
dcan be waived by the parties by mutual consent
Answer: C
In Daryao v. State of U.P., the Supreme Court held that although Section 11 CPC does not in terms apply to writ petitions, the general principle of res judicata applies, so a decision in a writ petition operates as res judicata in a later petition between the same parties on the same matter.
'A' with intent to commit murder gives 'Z' a fatal dose of poison; while 'Z' is still alive, a stranger 'B', without A's knowledge, shoots 'Z' dead. Under the Bharatiya Nyaya Sanhita, 2023, what is the correct legal position?
a'A' is guilty of attempt to murder and 'B' is guilty of murder
bBoth 'A' and 'B' are guilty of murder
c'A' is guilty of culpable homicide and 'B' of attempt to murder
d'A' is guilty of abetting 'B' and 'B' is guilty of murder
Answer: A
Since 'B's independent act caused the death, 'A' did not cause death and is liable only for attempt to murder (Section 109 BNS), while 'B', who caused the death intentionally, is guilty of murder (Section 103 BNS).
Under the Bharatiya Nyaya Sanhita, 2023, robbery is constituted as dacoity when it is committed conjointly by:
aThree or more persons
bSeven or more persons
cTwo or more persons
dFive or more persons
Answer: D
Under Section 310 BNS, when five or more persons conjointly commit or attempt to commit robbery, the offence is dacoity — the same numerical threshold carried over from the earlier penal law.
'A', knowing 'Z' to be of unsound mind incapable of consent, performs a surgical operation on 'Z' in good faith for Z's benefit without consent, intending to save Z's life. Under the Bharatiya Nyaya Sanhita, 2023, A's act is protected primarily by the general exception relating to:
aAct done by consent for benefit (Section 25 BNS)
bAct of a person of unsound mind (Section 20 BNS)
cAccident in doing a lawful act (Section 18 BNS)
dAn act done in good faith for the benefit of a person without that person's consent (Section 27 BNS read with the benefit-without-consent exception)
Answer: D
Where a person is incapable of giving consent due to unsoundness of mind, an act done in good faith for that person's benefit without consent is exempted under the BNS general exception governing benefit-without-consent (Section 27); Section 25 applies only where valid consent exists.
Under the Bharatiya Nyaya Sanhita, 2023, which Section defines the situations in which culpable homicide amounts to murder?
aSection 105
bSection 103
cSection 101
dSection 100
Answer: C
Section 101 of the BNS, 2023 lays down the four clauses under which culpable homicide is murder, corresponding to the former Section 300 IPC. Section 103 only prescribes the punishment for murder.
'A', a police officer, tortures 'Z' in order to extort a confession from him that he committed an offence. Under the Bharatiya Nyaya Sanhita, 2023, which Section principally governs the punishment for murder if 'Z' dies as a result, given that culpable homicide amounting to murder is established?
aSection 106
bSection 103
cSection 105
dSection 101
Answer: B
Section 103 of the BNS, 2023 provides the punishment for murder (death or imprisonment for life, with fine). The definitional clauses are in Section 101.
Where several persons commit a criminal act in furtherance of the common intention of all, each is liable as if he had done it alone. Under the Bharatiya Nyaya Sanhita, 2023, this principle of joint liability is contained in—
aSection 61
bSection 3(5)
cSection 190
dSection 34
Answer: B
The common intention provision (formerly Section 34 IPC) is now placed in Section 3(5) of the BNS, 2023 among the general explanations. Section 34 of the BNS instead deals with acts done in private defence.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of criminal conspiracy is defined and punished under—
aSection 120
bSection 48
cSection 61
dSection 45
Answer: C
Section 61 of the BNS, 2023 defines and punishes criminal conspiracy, corresponding to the former Sections 120A and 120B IPC. Abetment is dealt with from Section 45 onwards.
The Bharatiya Nyaya Sanhita, 2023 introduced 'snatching' as a distinct offence for the first time. It is defined under—
aSection 305
bSection 309
cSection 303
dSection 304
Answer: D
Section 304 of the BNS, 2023 creates snatching as a separate offence, where movable property is seized by sudden or quick force from a person, punishable up to three years.
'A' is entrusted by 'B' with money to be paid to 'C' but dishonestly retains it for his own use. Under the Bharatiya Nyaya Sanhita, 2023, 'A' is principally liable for criminal breach of trust under—
aSection 318
bSection 320
cSection 316
dSection 314
Answer: C
Section 316 of the BNS, 2023 consolidates criminal breach of trust (former Sections 405–409 IPC). Section 314 deals with dishonest misappropriation of property.
Which Section of the Bharatiya Nyaya Sanhita, 2023 defines and punishes the offence of voyeurism?
aSection 76
bSection 77
cSection 78
dSection 79
Answer: B
Section 77 of the BNS, 2023 deals with voyeurism (former Section 354C IPC). Section 78 deals with stalking and Section 79 with words/gestures insulting the modesty of a woman.
Under the Bharatiya Nyaya Sanhita, 2023, the offence of stalking is dealt with under—
aSection 85
bSection 77
cSection 79
dSection 78
Answer: D
Section 78 of the BNS, 2023 deals with stalking, including following a woman or monitoring her electronic communication despite disinterest (former Section 354D IPC).
The offence of 'organised crime', newly introduced by the Bharatiya Nyaya Sanhita, 2023, is contained in—
aSection 111
bSection 152
cSection 113
dSection 109
Answer: A
Section 111 of the BNS, 2023 defines and punishes organised crime as a continuing unlawful activity carried out by or on behalf of an organised crime syndicate.
Which Section of the Bharatiya Nyaya Sanhita, 2023 deals with acts endangering the sovereignty, unity and integrity of India, replacing the former offence of sedition?
aSection 152
bSection 147
cSection 113
dSection 150
Answer: A
Section 152 of the BNS, 2023 penalises acts endangering the sovereignty, unity and integrity of India, replacing the former Section 124A IPC (sedition). Section 113 deals with terrorist acts.
'A', a hunger-striker, attempts to commit suicide in order to compel a public servant to refrain from discharging his lawful duty. Under the Bharatiya Nyaya Sanhita, 2023, 'A' is liable under—
aSection 225
bSection 224
cSection 226
dSection 228
Answer: C
Section 226 of the BNS, 2023 punishes an attempt to commit suicide with intent to compel or restrain a public servant from discharging his official duty, with simple imprisonment up to one year, fine, both, or community service.
Under Section 356 of the Bharatiya Nagarik Suraksha Sanhita, 2023 dealing with inquiry, trial or judgment in absentia of a proclaimed offender, the trial may commence only after the expiry of how many days from the date of framing of the charge?
aone hundred eighty days
bninety days
cthirty days
dsixty days
Answer: B
Section 356 BNSS permits trial in absentia of a proclaimed offender, but the court shall proceed with the trial only after ninety days have elapsed from the date of framing of the charge.
Under the first proviso to Section 479(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a first-time offender (one never previously convicted of any offence) shall be released on bond by the Court if he has undergone detention for a period extending up to—
aone-third of the maximum period of imprisonment specified for the offence
bthe whole of the maximum period of imprisonment specified for the offence
cone-fourth of the maximum period of imprisonment specified for the offence
done-half of the maximum period of imprisonment specified for the offence
Answer: A
While the general rule under Section 479(1) is release after one-half of the maximum term, the first proviso entitles a first-time offender to release on bond after detention of up to one-third of the maximum period.
Under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the police officer is obliged to inform the informant or the victim about the progress of the investigation, including by electronic communication, within—
aninety days
bsixty days
cthirty days
done hundred twenty days
Answer: A
Section 193(3)(ii) BNSS introduces a new right, requiring the police to inform the informant or victim of the progress of investigation within ninety days, including through electronic means.
Which one of the following pairs relating to the Bharatiya Nagarik Suraksha Sanhita, 2023 is NOT correctly matched?
aMercy petition in death sentence cases — Section 472
bWitness protection scheme — Section 398
cProcedure when corporation or registered society is an accused — Section 305
dTrial in absentia of proclaimed offender — Section 356
Answer: C
Procedure where a corporation or registered society is an accused is dealt with under Section 367 BNSS, not Section 305; the other three pairs are correctly matched.
Section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 repeals the Code of Criminal Procedure, 1973. As regards any appeal, application, trial, inquiry or investigation pending immediately before the commencement of the BNSS, the savings clause provides that the same shall—
abe dealt with, continued or disposed of as if the BNSS had not come into force
babate forthwith and be instituted afresh under the BNSS
cbe transferred automatically to the nearest Sessions Court
dstand stayed until fresh notification by the State Government
Answer: A
The proviso to Section 531(2)(a) BNSS preserves pending appeals, applications, trials, inquiries and investigations, directing that they be disposed of as if the BNSS had not come into force.
Under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for an offence punishable with imprisonment for a term of less than ten years, the total period beyond which a Magistrate cannot authorise the detention of the accused (where the investigation is not complete) is—
aforty days
bninety days
csixty days
done hundred twenty days
Answer: C
Section 187(3) BNSS caps detention at sixty days where the offence is punishable with imprisonment of less than ten years (and ninety days for offences punishable with death, life imprisonment or imprisonment of ten years or more), after which the accused is entitled to default bail.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the indefeasible right to default bail accrues to an accused on the failure of the investigating agency to file the police report. For an offence punishable with imprisonment for life, the maximum period of detention authorised before such right accrues under Section 187(3) is -
a120 days
b90 days
c60 days
d180 days
Answer: B
Section 187(3) BNSS permits detention up to 90 days for offences punishable with death, imprisonment for life or imprisonment of ten years or more, and 60 days otherwise; on default the accused is entitled to be released on bail.
Under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where information about a cognizable offence is given by electronic communication (e-FIR), it shall be taken on record only when the informant signs it within -
aSeven days
b24 hours
cThree days
dFourteen days
Answer: C
Section 173(1) BNSS permits information by electronic communication, but it is to be recorded only on being signed by the person giving it within three days.
Under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, a preliminary enquiry to ascertain a prima facie case before registration of an FIR may be conducted, with prior permission of an officer not below Deputy Superintendent of Police, for a cognizable offence punishable with imprisonment for -
aLess than three years
bSeven years or more but less than ten years
cThree years or more but less than seven years
dTen years or more
Answer: C
Section 173(3) BNSS allows a preliminary enquiry, completable within fourteen days, for offences made cognizable and punishable with imprisonment for three years or more but less than seven years.
Under Section 176 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the visit of a forensic expert to the scene of crime to collect forensic evidence is made mandatory in respect of any offence punishable with imprisonment for -
aThree years or more
bFive years or more
cTen years or more
dSeven years or more
Answer: D
The proviso to Section 176(3) BNSS makes it mandatory for forensic experts to visit the crime scene and collect evidence for offences punishable with imprisonment of seven years or more.
Under Section 23(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court of a Magistrate of the first class may, apart from imprisonment up to three years and fine up to fifty thousand rupees, also impose -
aSolitary confinement
bWhipping
cCommunity service
dExternment
Answer: C
Section 23(2) BNSS empowers a Magistrate of the first class to pass a sentence of imprisonment up to three years, fine up to fifty thousand rupees, both, or community service - a newly introduced form of punishment.
A novel feature of the Bharatiya Nagarik Suraksha Sanhita, 2023 is the provision for trial in absentia of a proclaimed offender who has absconded to evade trial. Such trial in absentia is governed by -
aSection 472, BNSS
bSection 356, BNSS
cSection 528, BNSS
dSection 84, BNSS
Answer: B
Section 356 BNSS introduces trial in absentia, enabling a court to proceed and pronounce judgment against a proclaimed offender who has absconded and against whom there is no immediate prospect of arrest.
Under Section 472 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a convict under sentence of death, his legal heir or relative may file a mercy petition before the President or the Governor within a period of -
aThirty days
bFifteen days
cSeven days
dSixty days
Answer: A
Section 472 BNSS prescribes that a mercy petition under Article 72 or Article 161 of the Constitution must be filed within thirty days from the date the jail Superintendent intimates the convict of the relevant dismissal or confirmation of the death sentence.
Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the power of the High Court to make orders to prevent abuse of the process of any court or otherwise to secure the ends of justice - corresponding to old Section 482 CrPC - is now contained in -
aSection 528, BNSS
bSection 438, BNSS
cSection 530, BNSS
dSection 482, BNSS
Answer: A
Section 528 BNSS preserves the inherent powers of the High Court (equivalent to Section 482 CrPC); confusingly, Section 482 BNSS now deals with anticipatory bail.
Under the proviso to Section 187(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the detention of an accused in police custody (for the maximum of fifteen days) may now be authorised -
aAt any time during the entire period of investigation without limit
bIn whole or in parts at any time during the initial forty or sixty days of the period of detention
cOnly with the prior sanction of the Sessions Judge
dOnly in one continuous spell at the start of investigation
Answer: B
Unlike the old Section 167 CrPC, Section 187 BNSS allows the fifteen-day police custody to be sought in whole or in parts during the initial 40 days (for 60-day offences) or 60 days (for 90-day offences) of detention.
Match List-I (provision under BNSS, 2023) with List-II (subject matter) and select the correct answer using the code given below: List-I: (A) Section 35 (B) Section 173 (C) Section 396 (D) Section 482. List-II: (1) Information in cognizable cases (2) Victim compensation scheme (3) When police may arrest without warrant (4) Anticipatory bail.
aA-3, B-1, C-4, D-2
bA-1, B-3, C-4, D-2
cA-4, B-1, C-2, D-3
dA-3, B-1, C-2, D-4
Answer: D
Section 35 governs arrest by police without warrant, Section 173 information in cognizable cases, Section 396 the victim compensation scheme, and Section 482 anticipatory bail under the BNSS.
Under Section 35(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, for an offence punishable with imprisonment less than three years, a person who is infirm or above a certain age shall not be arrested without prior permission of an officer not below the rank of Deputy Superintendent of Police. That age is -
aFifty years
bSixty years
cSixty-five years
dFifty-five years
Answer: B
Section 35(7) BNSS bars arrest of a person who is infirm or above sixty years of age, for an offence punishable with imprisonment of less than three years, without prior permission of an officer of the rank of DSP or above.
Under Article 38(2) of the Statute of the International Court of Justice, the Court may decide a case 'ex aequo et bono'-
aIn every contentious case as a matter of course
bOnly in advisory proceedings
cOnly with the consent of the Security Council
dOnly if the parties to the dispute agree thereto
Answer: D
Article 38(2) permits the Court to decide a case ex aequo et bono (according to what is fair and good) only if the parties agree thereto; this does not prejudice the rules laid down in Article 38(1).
Under Article 9 of the Statute of the International Court of Justice, the electors must bear in mind that in the body as a whole-
aOnly common law and civil law systems should be represented
bOnly the permanent members of the Security Council are represented
cThe representation of the main forms of civilization and of the principal legal systems of the world should be assured
dAn equal number of judges from each continent should be appointed
Answer: C
Article 9 directs that the body as a whole should secure the representation of the main forms of civilization and of the principal legal systems of the world.
The Vienna Convention on the Law of Treaties, 1969 came into force on-
a23 May 1969
b24 October 1970
c1 January 1980
d27 January 1980
Answer: D
The Vienna Convention on the Law of Treaties was concluded on 23 May 1969 but entered into force only on 27 January 1980, after the thirty-fifth instrument of ratification was deposited.
The rule 'pacta sunt servanda', that every treaty in force is binding upon the parties to it 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 26
bArticle 53
cArticle 18
dArticle 60
Answer: A
Article 26 of the Vienna Convention codifies the principle pacta sunt servanda. Article 53 separately deals with treaties conflicting with a peremptory norm (jus cogens).
Under the Vienna Convention on the Law of Treaties, 1969, a treaty is void if, at the time of its conclusion, it conflicts with a peremptory norm of general international law (jus cogens). This is provided in-
aArticle 53
bArticle 64
cArticle 46
dArticle 26
Answer: A
Article 53 of the Vienna Convention defines jus cogens and provides that a treaty conflicting with such a peremptory norm at the time of its conclusion is void.
The statement 'Everyone has the right to a nationality' is contained in which of the following instruments?
aThe Universal Declaration of Human Rights, 1948
bThe Covenant of the League of Nations
cThe Geneva Convention relating to the Status of Refugees, 1951
dThe Vienna Convention on the Law of Treaties, 1969
Answer: A
Article 15 of the Universal Declaration of Human Rights, 1948 declares that everyone has the right to a nationality and that no one shall be arbitrarily deprived of it.
Under which Article of the Charter of the United Nations have the Members of the United Nations agreed to accept and carry out the decisions of the Security Council?
aArticle 33
bArticle 25
cArticle 27
dArticle 24
Answer: B
Article 25 of the UN Charter provides that members agree to accept and carry out the decisions of the Security Council in accordance with the Charter; Article 24 deals with the Council's primary responsibility for international peace and security.
Which Article of the Statute of the International Court of Justice enumerates the sources to be applied by the Court in deciding disputes submitted to it?
aArticle 36
bArticle 34
cArticle 59
dArticle 38
Answer: D
Article 38(1) of the ICJ Statute lists international conventions, international custom and general principles of law as primary sources, with judicial decisions and the teachings of publicists as subsidiary means.
The principle that a decision of the International Court of Justice has no binding force except between the parties and in respect of that particular case is contained in -
aArticle 38 of the ICJ Statute
bArticle 60 of the ICJ Statute
cArticle 94 of the UN Charter
dArticle 59 of the ICJ Statute
Answer: D
Article 59 of the ICJ Statute provides that the decision of the Court has no binding force except between the parties and in respect of that particular case, ruling out a doctrine of binding precedent.
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