Uttar Pradesh Judiciary — Prelims 2018

Correct answer: D

Niharendu Dutt Majumdar v. King Emperor is a sedition case (S.124A IPC), not S.361 (kidnapping from lawful guardianship); the listed case-name 'v. Raja Ram' with S.361 is the incorrect match.

Correct answer: B

Listed cases: (1) W. Kalyani (2012), (2) Yusuf Abdul Aziz (1954), (3) Joseph Shine (2018), (4) V. Revathi (1988). Chronological order = Yusuf Abdul Aziz(2), V. Revathi(4), W. Kalyani(1), Joseph Shine(3) = 2,4,1,3.

Correct answer: A

In Joseph Shine v. Union of India (2018), CJI Dipak Misra observed 'husband is not the master of his wife' while striking down S.497 IPC.

Correct answer: C

A's poison did not cause death (B's gunshot did), so A is guilty only of attempt to murder (S.307 IPC); B who fired the fatal shot is guilty of murder. (Based on the IPC illustration to causation.)

Correct answer: C

Voluntarily causing hurt to extort confession is an offence under Section 330 IPC.

Correct answer: A

A was entrusted with the blocks and dishonestly used them for a rival firm in violation of the trust; this is criminal breach of trust (S.405 IPC). This is the classic illustration to S.405.

Correct answer: D

Disclosure of identity of a rape victim is punishable under Section 228A IPC.

Correct answer: A

Section 97 IPC grants private defence of property only against theft, robbery, mischief and criminal trespass; criminal breach of trust is not included, so no right of private defence of property arises against it.

Correct answer: B

Delivery of property->Extortion(4); Taking of property->Theft(3); Entrustment->Criminal breach of trust(1); Convertibility of property got innocently->Criminal misappropriation(2). A-B-C-D = 4 3 1 2.

Correct answer: C

Voyeurism is defined under Section 354C IPC (inserted by the Criminal Law (Amendment) Act, 2013).

Correct answer: A

In Navtej Singh Johar v. Union of India (2018), the Supreme Court unanimously held that individual autonomy, intimacy and identity are protected under fundamental rights, reading down S.377 IPC.

Correct answer: A

India was ranked 103rd among 119 countries in the 2018 Global Hunger Index.

Correct answer: C

In July 2018, Rahul Dravid became the fifth Indian cricketer inducted into the ICC Hall of Fame (after Bedi, Kapil Dev, Gavaskar, Kumble).

Correct answer: A

The 4th BIMSTEC Summit (2018) was held in Kathmandu, Nepal, with the theme 'Towards a Peaceful, Prosperous and Sustainable Bay of Bengal Region'.

Correct answer: A

The MoU signed between India and South Korea on 5 November 2018 was for strengthening cooperation in the field of tourism.

Correct answer: C

Actor Anupam Kher was honoured with the 'Distinguished Fellow' Award in Boston in November 2018.

Correct answer: D

The UN Climate Change Conference (COP23), November 2017, was held in Bonn, Germany (presided over by Fiji).

Correct answer: C

The 1st International Solar Alliance Summit was hosted by India in New Delhi on 11 March 2018.

Correct answer: A

Caroline Wozniacki won the 2018 Australian Open Women's Singles title, defeating Simona Halep in the final.

Correct answer: D

The term 'jurisdiction' is not defined in the Code of Civil Procedure, 1908; it has been judicially explained but not statutorily defined.

Correct answer: C

Under S.9 CPC a civil court has jurisdiction over all suits of civil nature unless cognizance is expressly or impliedly barred, so (A) is true; (R) wrongly states that cognizance 'should be expressly barred' as a requirement, hence (R) is false.

Correct answer: D

The maxim 'Invito beneficium non datur' underlies withdrawal/abandonment of suit under Order 23 Rule 1 CPC.

Correct answer: C

A friendly/amicable suit is governed by Section 90 and Order 36 CPC, not Order 35; the option pairing 'Friendly suit - Section 90; Order 35' is therefore the incorrect match (Order 35 covers interpleader suits).

Correct answer: B

Statement 1 is wrong: under S.2(2) CPC a 'decree' does NOT include an adjudication from which an appeal lies as an appeal from an order (it expressly excludes such, and 'final order' generally is not a decree). Statement 2 correctly defines a garnishee. Hence only 2 is correct.

Correct answer: C

Section 115 CPC (revisional jurisdiction of the High Court) is in the nature of the power to issue a writ of certiorari.

Correct answer: A

In Udhav Singh v. Madhav Rao Scindia, AIR 1976 SC 744, the Supreme Court defined 'material facts' as all the primary facts (facta probanda) which must be proved at trial to establish a cause of action or defence.

Correct answer: A

Judgment and decree is governed by Section 33 CPC (not Section 34, which deals with interest), so item 1 is wrong. Costs (S.35), Institution of suits (S.26) and Legal representative/execution against LR (S.50) are correctly matched, giving 2, 3 and 4.

Correct answer: B

Objections to jurisdiction - Kiran Singh v. Chaman Paswan (2); Addition of parties - Razia Begum v. Sahebzadi Anwar Begum (1); Constructive res judicata - Workmen v. Cochin Port Trust (4); Temporary injunction - American Cyanamid v. Ethicon (3), i.e. code 2 1 4 3.

Correct answer: A

Suits involving a substantial question as to the validity of any statutory instrument (constitutional validity) are dealt with under Order 27-A, Rule 1-A of the CPC, requiring notice to the Government/issuing authority.

Correct answer: D

Under Section 2(17) CPC a 'public officer' includes every officer in the service or pay of the Government, including military officers under Government service. A gazetted military officer NOT under Government service falls outside the definition.

Correct answer: B

Right to lodge caveat - Section 148-A (2); Restitution - Section 144 (1); Inherent power of court - Section 151 (3); Suits of civil nature - Section 9 (4), i.e. code 2 1 3 4.

Correct answer: B

Section 56 CPC prohibits the arrest or detention in civil prison of a woman in execution of a decree for the payment of money.

Correct answer: D

In Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal, AIR 1962 SC 527, the Supreme Court held that inherent power is not conferred on a court but is a power inherent in the court by virtue of its duty to do justice.

Correct answer: D

None of the listed grounds (illness, son's marriage, voting) is a statutory ground under the CPC for cancelling a warrant of arrest against a judgment-debtor; release/exemption is governed by Sections 55-59 on different conditions.

Correct answer: B

Section 114 CPC (power of review) is read with Order 47, Rule 1 CPC, which lays down the grounds and procedure for an application for review.

Correct answer: A

Both statements are true and R correctly explains A: under Section 23 read with Section 10, a lawful object is essential for a valid contract, so an agreement with an unlawful object is void (Section 23).

Correct answer: C

Dominates the will of the other - Undue influence (3); At the desire of the promisor - Consideration (1); Contract to do or not to do something [on a collateral event] - Contingent contract (4); Where a person lawfully does anything for another - Quasi-contract (2), i.e. code 3 1 4 2.

Correct answer: C

An agreement enforceable by law at the option of one or more parties but not at the option of the others is a 'voidable contract' (Section 2(i), Indian Contract Act).

Correct answer: B

Under Section 4, the communication of an acceptance is complete as against the acceptor when it comes to the knowledge of the proposer.

Correct answer: D

Hadley v. Baxendale is the leading case on remoteness/measure of damages, not Public Policy, so the pairing 'Public Policy - Hadley v. Baxendale' is incorrectly matched.

Correct answer: A

Both fraud and misrepresentation render a contract voidable (statement 1 correct) and fraud is also actionable in tort (statement 2 correct); mere/innocent misrepresentation is not by itself a tort, so statement 3 is wrong, leaving 1 and 2.

Correct answer: C

This is illustration (h) to Section 23, Indian Contract Act: a promise to drop a prosecution for robbery in return for restoring the value of stolen things makes the agreement void, as its object is unlawful (stifling prosecution).

Correct answer: C

All three are correct: performance of an existing legal duty is no consideration; forbearance to sue is valuable consideration; and under Explanation 2 to Section 25 consideration need not be adequate. Hence 1, 2 and 3.

Correct answer: C

The Indian Contract (Amendment) Act, 1997 amended Section 28 (agreements in restraint of legal proceedings), adding clauses on extinguishment/discharge of contractual rights by limitation clauses.

Correct answer: B

Change of the nature of an obligation, i.e. substituting a new contract for an existing one, is known as Novation (Section 62, Indian Contract Act).

Correct answer: B

Under Section 68, a minor is not personally liable for necessaries supplied; only the minor's property is liable to reimburse the supplier.

Correct answer: B

'Continuing guarantee' (a guarantee extending to a series of transactions) is defined in Section 129 of the Indian Contract Act, 1872.

Correct answer: B

Doctrine of frustration - Taylor v. Caldwell (1); Special damages - Hadley v. Baxendale (4); Anticipatory breach - Hochster v. De la Tour (2); Cross-offer - Tinn v. Hoffman & Co. (3), i.e. code 1 4 2 3.

Correct answer: C

Under Section 30 of the Indian Contract Act, an agreement by way of wager is void (not illegal); no suit lies to recover anything won on a wager.

Correct answer: D

Clayton's case (Devaynes v. Noble) - appropriation where neither party appropriates (FIFO/order of time) - is embodied in Section 61 of the Indian Contract Act. Flagged: some commercial-law sources loosely tie 'Clayton's rule' to Ss.59-61 generally, but the rule of appropriation by law (Clayton's case) is Section 61.

Correct answer: C

Under Section 29(1) CrPC, a Chief Judicial Magistrate may pass any sentence except death, life imprisonment, or imprisonment exceeding seven years.

Correct answer: D

Victim Compensation Scheme is under Section 357-A CrPC, not Section 357 (which deals with order to pay compensation). Section 354 (contents of judgment), 2(d) (complaint) and 2(r) (police report) are correctly matched, so (d) is the wrong match.

Correct answer: C

Under Section 482 CrPC, only the High Court has inherent power to quash criminal proceedings, including non-compoundable offences (Gian Singh v. State of Punjab).

Correct answer: A

Section 375 CrPC bars appeal where the accused pleaded guilty and was convicted on that plea; the reason correctly explains the assertion, as a person pleading guilty cannot be aggrieved by the conviction.

Correct answer: C

Section 211 requires every charge to state the offence charged, and Section 220 permits trial of more than one offence committed in the same transaction at one trial; both statements are correct.

Correct answer: D

Section 472 CrPC: in the case of a continuing offence, a fresh period of limitation begins to run at every moment of the time during which the offence continues.

Correct answer: B

Anticipatory bail-S.438, Cognizance on complaint-S.190, Language of Courts-S.272, Security for good behaviour from habitual offenders-S.110, giving the order 438,190,272,110 i.e. code 2 4 1 3 (option b).

Correct answer: B

The Code of Criminal Procedure (Amendment) Act, 2008 amended Section 173, inserting sub-section (1A) requiring rape investigations to be completed within two months and adding the medical report requirement.

Correct answer: B

The maxim 'Nemo debet bis vexari pro eadem causa' (no one should be vexed twice for the same cause), embodying the bar against double jeopardy/autrefois acquit, is found in Section 300 CrPC.

Correct answer: A

Proviso to Section 374 CrPC (inserted by the Criminal Law (Amendment) Act, 2018) requires that an appeal against a sentence under Section 376, 376A-376E IPC be disposed of within six months from the date of filing.

Correct answer: C

Section 97 CrPC (search for persons wrongfully confined) resembles the writ of habeas corpus, as it empowers a Magistrate to order search and production of a person wrongfully confined.

Correct answer: C

Section 166-A CrPC empowers a criminal court to issue a 'letter of request' to a competent authority/court in a foreign country to conduct investigation/search outside India.

Correct answer: C

The principle 'bail is the rule, jail is the exception' was laid down by the Supreme Court in Moti Ram v. State of M.P. (1978).

Correct answer: B

Section 54 CrPC provides for examination of an arrested person by a medical officer (medical practitioner) at the request of the arrested person or on the direction of the court.

Correct answer: C

Section 164-A CrPC requires the victim of rape to be sent for medical examination by a registered medical practitioner within 24 hours from the time of receiving information of the offence.

Correct answer: A

In Kailash v. Nanhku (2005), the Supreme Court held that the time limit under Order VIII Rule 1 CPC for filing a written statement (within 90 days of service of summons) is directory, not mandatory, so a statement may be filed even after expiry of 90 days.

Correct answer: A

Order 5 Rule 9-A CPC permits the court to give summons (dasti) to the plaintiff for personal service on the defendant.

Correct answer: B

Dudh Nath Pandey v. State of U.P. (1981) relates to the plea of alibi, where the Supreme Court discussed the burden on the accused to establish an alibi.

Correct answer: A

The Constitution was finally signed by the members of the Constituent Assembly on 24 January 1950 (it was adopted on 26 November 1949 and came into force on 26 January 1950).

Correct answer: D

Article 393 gives the short title: 'This Constitution may be called the Constitution of India.'

Correct answer: A

Article 15(4) enables the State to make special provisions, including reservation of seats in educational institutions, for the advancement of SCs/STs and socially and educationally backward classes.

Correct answer: B

Justice Gajendragadkar in Sajjan Singh v. State of Rajasthan described Fundamental Rights as the 'very foundation and the corner-stone of the democratic way of life ushered in this country by the Constitution.'

Correct answer: A

Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), recognising the right to privacy as a fundamental right, was decided by a nine-judge Constitution Bench.

Correct answer: A

In the Aadhaar judgment, Justice K.S. Puttaswamy (Retd.) v. Union of India, the majority held that Aadhaar gives marginalised sections a unique identity and a life of dignity.

Correct answer: B

In National Legal Services Authority (NALSA) v. Union of India (2014), the Supreme Court observed that social morality also changes from age to age while recognising transgender rights.

Correct answer: D

Art 39A = Free Legal Aid (List-II item 4), Art 213 = Ordinance power of Governor (item 1), Art 44 = Uniform Civil Code (item 2), Art 50 = Separation of Judiciary from Executive (item 3), giving 4-1-2-3.

Correct answer: C

DPSP are relevant in judging reasonableness of restrictions under Art 19(2)-(6) (true), but DPSP have NOT been declared superior to Fundamental Rights (Art 37 makes them non-justiciable). Hence (A) true, (R) false.

Correct answer: C

Power to grant pardon = Art 72 (item 4), Executive power of Union = Art 53 (item 3), Power to appoint PM = Art 75 (item 2), Appointment of Attorney General = Art 76 (item 1), giving 4-3-2-1.

Correct answer: A

Chronological order of insertion: Free Legal Aid (Art 39A, 42nd Amdt 1976) → Certificate for appeal to SC (Art 134A, 44th Amdt 1978) → Nagar Palika (74th Amdt 1992) → RTE as FR (Art 21A, 86th Amdt 2002) = 4-2-3-1.

Correct answer: C

In BALCO Employees Union v. Union of India (AIR 2002 SC 350) the Supreme Court observed that it is the guardian of the rule of law and cannot abdicate that role.

Correct answer: A

Chronological order: A.K. Gopalan v. State of Madras (1950, iii) → ADM Jabalpur v. Shivakant Shukla (1976, ii) → Maneka Gandhi v. Union of India (1978, i), i.e. iii, ii, i.

Correct answer: A

The principle of collective responsibility of the Council of Ministers to the Lok Sabha is incorporated in Article 75(3) of the Constitution.

Correct answer: D

Right to education is a fundamental right (Art 21A) is true. The Reason is false: the Constitution always contained provisions on education (Art 41 and 45 in DPSP) before Art 21A. Hence (A) true, (R) false.

Correct answer: A

Right to die is NOT a part of the right to life under Art 21 (Gian Kaur v. State of Punjab held the right to life does not include the right to die). The others (life, livelihood, dignity) are included.

Correct answer: A

The principle that a finder/possessor has a title good against all but the true owner was laid down in Armory v. Delamirie (the chimney-sweep's boy case).

Correct answer: A

John Austin, the positivist, rejected custom as law per se, treating it as 'positive morality' until enforced by the sovereign; thus he rejected customary law as law.

Correct answer: B

'Taking Rights Seriously' (1977) was written by Ronald Dworkin.

Correct answer: B

H.L.A. Hart ('Hart', printed as 'Han') asserted in 'The Concept of Law' / Law, Liberty and Morality that some shared morality is essential for the existence of any society.

Correct answer: A

Savigny propounded that animus domini (intention to hold as owner) is an essential element of possession, alongside corpus possessionis.

Correct answer: D

OCR-garbled: List-II has five items and the embedded key '3 2 1 4' (Aquinas=Dictates of reasoning, Austin=Command Theory, Kelsen=Normative order/System of Rules, Rawls=Theory of Justice) does not cleanly match any printed lettered option; (d) 3-1-4-2 is the closest best guess.

Correct answer: A

Maine's stages of legal development: (i) Law made by ruler under divine inspiration (Themistes) → (ii) Customary law → (iii) Knowledge of law in hands of priests → (iv) Codification, i.e. order 4-2-1-3 of the listed items (divine-rule, custom, priests, codification).

Correct answer: C

'Justice is the first virtue of social institutions' is the opening line of John Rawls's 'A Theory of Justice'.

Correct answer: C

The statement that the search for natural law will continue as long as there is perceived injustice in the world is made by Lord Lloyd of Hampstead in his 'Introduction to Jurisprudence'.

Correct answer: B

Leon Duguit built his theory on division of labour and social interdependence; his doctrine is known as 'Social Solidarity'.

Correct answer: A

The doctrine of precedent (stare decisis) means a previous decided case may be taken as a rule/authority for deciding subsequent similar cases.

Correct answer: D

The definition 'Jurisprudence is the scientific synthesis of the essential principles of law' is given by C.K. Allen, not Salmond (who defined it as the science of the first principles of civil law).

Correct answer: D

'Law is reason free from passion' is attributed to Aristotle (Politics).

Correct answer: B

In Indian Young Lawyers Assn (Sabarimala) v. State of Kerala, the Supreme Court gave preference to constitutional morality over social/popular morality.

Correct answer: C

Pakala Narayana Swami v. Emperor (AIR 1939 PC 47) is a leading case on the dying declaration / statement as to cause of death under Section 32(1) of the Evidence Act.

Correct answer: B

Section 134 of the Indian Evidence Act provides that no particular number of witnesses shall in any case be required for the proof of any fact.

Correct answer: D

Section 133 of the Indian Evidence Act, 1872 declares an accomplice a competent witness against an accused person, and a conviction is not illegal merely because it rests upon uncorroborated accomplice testimony.

Correct answer: B

Sections 65-A and 65-B (special provisions for proof of electronic records) were inserted in the Indian Evidence Act, 1872 by the Information Technology Act, 2000.

Correct answer: B

Both are true: the proviso to Section 132 protects a compelled witness from incrimination on the basis of his answers (a facet of the rule against self-incrimination), but the underlying policy of Section 132 is to compel evidence so that justice is done; the policy is not itself the explanation of the protective proviso, so (R) is not the correct explanation of (A).

Correct answer: B

Under the Explanation to Section 119 of the Indian Evidence Act, evidence given in writing by a witness unable to speak, in open court, is deemed to be oral evidence.

Correct answer: B

Refreshing memory - S.159; Dying declaration - S.32(1); Leading question - S.141; Hostile witness (cross-examination of own witness) - S.154. Mapping A-B-C-D = 1-3-4-2, i.e. option (b).

Correct answer: D

Presumption as to dowry death is under Section 113-B, not 113-A (which deals with abetment of suicide by a married woman); hence this pairing is incorrectly matched.

Correct answer: A

In State of U.P. v. Deoman Upadhyaya (AIR 1960 SC 1125), the constitutional validity of Section 27 of the Evidence Act was challenged as violative of Articles 14 and 20(3); the Supreme Court upheld it.

Correct answer: B

Palvinder Kaur v. State of Punjab (AIR 1952 SC 354) is a leading authority on confessions, holding that an exculpatory statement is not a confession and a confession must be taken as a whole.

Correct answer: A

Conclusive proof arises in Section 41 (judgments in rem), Section 112 (legitimacy of child born during marriage) and Section 113 (cession of territory); hence 41, 112 and 113.

Correct answer: C

In Sahoo v. State of U.P. (AIR 1966 SC 40), the Supreme Court held that a confessional soliloquy (muttering to oneself) is a valid confession; communication to another person is not a necessary ingredient.

Correct answer: A

Under Section 14 of the Evidence Act (illustration o), evidence that the accused was in the habit of shooting at people with intent to murder is relevant to show intention; the habit is a fact in issue's accompaniment and is relevant.

Correct answer: B

In Kanpur University v. Samir Gupta (AIR 1983 SC 1230), the Supreme Court held that even a student may be treated as an expert under Section 45 of the Evidence Act for the purpose of demonstrating the correct answer key.

Correct answer: C

Res gestae (Section 6, facts forming part of the same transaction) operates as an exception to the rule excluding hearsay evidence.

Correct answer: A

The first session of the UN General Assembly opened on 10 January 1946 at Central Hall, Westminster, London, with 51 member states.

Correct answer: C

Among UN organs, the General Assembly is the deliberative body that performs quasi-legislative functions (adopting resolutions, recommendations and budget); it is the closest to a legislative organ.

Correct answer: C

Article 92 of the UN Charter provides that the ICJ functions in accordance with its Statute, which is based upon the Statute of the Permanent Court of International Justice.

Correct answer: B

Article 25 of the UN Charter provides that members of the United Nations agree to accept and carry out the decisions of the Security Council.

Correct answer: A

Under Article 33 of the ICJ Statute, the expenses of the Court are borne by the United Nations, and the budget is approved by the General Assembly.

Correct answer: C

ECOSOC members serve three-year terms; one-third of the members are elected each year for staggered terms.

Correct answer: D

Article 15 of the Universal Declaration of Human Rights, 1948 provides that everyone has the right to a nationality.

Correct answer: A

Article 38 of the Statute of the International Court of Justice enumerates the sources of international law (treaties, custom, general principles, and judicial decisions/teachings as subsidiary means).

Correct answer: D

Article 23(3) of the UN Charter provides that each member of the Security Council shall have one representative.

Correct answer: C

UN Secretary-General Antonio Guterres made the remark 'We are a world in pieces, we need to be a world at peace' in his address to the General Assembly (2017).

Correct answer: C

The Sustainable Development Goals (2030 Agenda), adopted in September 2015, officially came into effect / went live on 1 January 2016.

Correct answer: D

The IPCC was established in 1988 by the United Nations Environment Programme (UNEP) and the World Meteorological Organization (WMO). The option labels are garbled (option (a)/(b) split 'United Nations Environmental Programme'; option (d) wrongly says 'Maritime' for 'Meteorological'), but (d) is the only choice combining both founding bodies; best answer (d).

Correct answer: D

Under Article 94(2) of the UN Charter, if a party fails to comply with an ICJ judgment, the other party may have recourse to the Security Council, which may decide upon measures to give effect to the judgment.

Correct answer: A

Article 2(1) of the UN Charter states the Organisation is based on the principle of sovereign equality of all its Members; this is the fundamental basis of the UN.

Correct answer: B

The Purposes of the UN are laid down in Article 1 and the Principles in Article 2 of the UN Charter (Chapter I).

Correct answer: A

South Korean First Lady Kim Jung-Sook was the chief guest at the 2018 Deepotsava in Ayodhya (6 November 2018), the first lady to be so honoured.

Correct answer: B

Subrogation = s.92 (1), rule against perpetuity = s.14 (2), feeding the grant by estoppel = s.43 (3), accumulation = s.17 (4) of the Transfer of Property Act; A-B-C-D = 1 2 3 4.

Correct answer: C

Section 3 TPA (Explanation to 'a person is said to have notice') recognises actual (express), constructive, and imputed notice. 'Notice in transaction' is not a category contemplated by the Act.

Correct answer: A

Under Section 20 of the Transfer of Property Act, an unborn person for whose benefit an interest is created acquires a vested interest upon his birth, even though not entitled to enjoyment immediately.

Correct answer: A

A right to catch fish, right to worship and easement are benefits arising out of land and hence immovable property; a right to collect/pluck tendu leaves (a standing crop/profit) is treated as movable property (right to growing produce).

Correct answer: B

In V.N. Sarin v. Ajit Kumar Poplai, AIR 1966 SC 432, the Supreme Court held that partition merely effects severance of joint status and is not a transfer of property; only option (b) names this case.

Correct answer: B

Section 61 of the Transfer of Property Act embodies the right against consolidation of mortgages (doctrine of consolidation), entitling a mortgagor to redeem one mortgage separately.

Correct answer: B

Premium relates to Lease (3), Universal donee to Gift (2), Redemption to Mortgage (1), Purchaser to Sale (4); A-B-C-D = 3 2 1 4.

Correct answer: D

A lease under Section 105 TPA is only a transfer of a right to enjoy property (partial transfer) for a term; complete/absolute transfer is not an essential element of a lease.

Correct answer: A

Tenancy at sufferance arises where a tenant holds over after expiry of his term without consent; it is the smallest/lowest interest a person may have in immovable property and does not arise from agreement nor is it transferable.

Correct answer: B

Under Section 3 TPA, an actionable claim is a claim to an unsecured debt or to beneficial interest in movable property not in possession. A Muslim woman's unpaid dower (an unsecured debt) is an actionable claim; copyright, tort damages and mesne profits are not.

Correct answer: C

Under Section 106 TPA, in the absence of a written contract or local usage, a lease of immovable property for agricultural or manufacturing purposes is deemed to be a lease from year to year.

Correct answer: B

Section 73 of the Transfer of Property Act provides the mortgagee's right to proceed against the surplus/compensation money (doctrine of substituted security) when the mortgaged property is acquired or sold.

Correct answer: D

Section 6 TPA bars transfer of a public office (cl. f), a mere chance of an heir to succeed/spes successionis (cl. a), and a mere right of re-entry (cl. b); all of the above cannot be transferred.

Correct answer: A

The doctrine of election is dealt with in Section 35 of the Transfer of Property Act, which falls in Chapter VII ('Of Transfers of Immovable Property by Act of Parties').

Correct answer: B

The Criminal Law (Amendment) Ordinance/Act regime took effect on 21 April 2018, when the President promulgated the Ordinance later replaced by the Act; the amendment is deemed to have come into force on that date.

Correct answer: B

Under Section 403 IPC, criminal misappropriation requires a subsequent dishonest intention to misappropriate property which came innocently into the accused's possession; the intent must be 'dishonest'.

Correct answer: A

The doctrine of joint/constructive liability under Section 34 IPC is based on Barendra Kumar Ghosh v. Emperor (1925), where the Privy Council held 'they also serve who only stand and wait'.

Correct answer: C

Harbour is wrongly matched (s.51 IPC is 'Oath'; harbouring is defined in s.52A), so item 1 is incorrect. Wrongful loss = s.23, gang rape of woman under 12 = s.376DB, gang rape = s.376D are correctly matched; hence 2, 3 and 4.