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Odisha Judicial Service Examination (Prelims) - 2013

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Which Fundamental Right is available to all persons?

  1. Right to form union

  2. Protection of life and personal liberty

  3. Right to assemble peacefully

  4. Right to move freely throughout the territory of India


Correct Option: B
Explanation:

Under article 21 of the constitution, no person shall be deprived of his life or personal liberty except according to procedure established by law. So, this fundamnetal right is available to all persons.

Which of the following is a Directive Principle of State Policy?

  1. Right to education

  2. Right to die

  3. Right to move to Supreme Court

  4. To organise village panchayats


Correct Option: D
Explanation:

Article 40 of the Indian Constitution provides organisation of village panchayats under chapter IV of the directive principles of state policy.

Which of the following is not a Directive Principle of State Policy?

  1. Uniform civil code

  2. Organisation of village panchayats

  3. Right to education

  4. Free legal aid


Correct Option: C
Explanation:

Right to education is a fundamnetal right under article 21A of the Indian Constitution added by the 86th Constitutional (Amendment) Act 2002.

Which of the following is not a fundamental duty?

  1. To protect sovereignty

  2. To defend the country

  3. To respect National Anthem

  4. To promote Indian culture


Correct Option: D
Explanation:

Fundamental duties of Indian citizens are provided under article 51A of the Indian Constitution. To promote Indian culture is not a fundamnetal duty of Indian citizens under article 51A.

Which Fundamental Right is available to citizens only?

  1. Right to equality

  2. Protection against arrest and detention

  3. Freedom of speech and expression

  4. Protection of life and personal liberty


Correct Option: C
Explanation:

Article 19 clause (a) of the Indian Constitution states that all citizens shall have the right to freedom of speech and expression.

In which case was the doctrine of prospective overruling evolved by the Supreme Court?

  1. Shankari Prasad vs. Union of India

  2. I. C. Golak Nath vs. State of Punjab

  3. Sajjan Singh vs. State of Rajasthan

  4. Keshava Nand Rharti vs. State of Kerala


Correct Option: B
Explanation:

It was in the case of Golaknath v. State of Punjab that Chief Justice Subba Rao had first invoked the doctrine of prospective overruling. 

Set-off can be

  1. legal set-off

  2. equitable set-off

  3. Both (a) and (b)

  4. Either (a) or (b)


Correct Option: D
Explanation:

Set off may be legal set off or equitable set off.

Preliminary decree can be passed in a suit

  1. for partition

  2. of partnership

  3. for possession and mesne profit

  4. All of the above


Correct Option: D
Explanation:

Preliminary decree can be passed in a suit of partition, partnership, for possession and mesne profits.

Which of the following cases is related to constitutionality of ‘right to die’?

  1. Maneka Gandhi vs. Union of India

  2. Gian Kaur vs. State of Punjab

  3. A. K. Gopalan vs. Union of India

  4. Kharak Singh vs. State of U. R.


Correct Option: B
Explanation:

An issue of "Right to die" raised before the court in Gian Kaur v. State of Punjab. In this case, a five judge Constitutional Bench of the Supreme Court overruled P. Ratinam’s case and held that “Right to Life” under Article 21 of the Constitution does not include “Right to die”.

Under section 100 CPC, a second appeal lies to the

  1. Supreme Court

  2. High Court

  3. Tribunal

  4. Court of District Judge


Correct Option: B
Explanation:

Section 100 of the Code of Civil Procedure, 1908 provides for a second appeal to the High Court from an appellate decree.

Remedies available against an ex-parte decree include

  1. appeal

  2. review

  3. application for setting aside ex-parte decree

  4. application


Correct Option: C
Explanation:

Remedies available against an ex-parte decree include application for setting aside ex-parte decree.

Pecuniary jurisdiction of the court has been dealt with in

  1. Section 2 of CPC

  2. Section 6 of CPC

  3. Section 9 of CPC

  4. Section 15 of CPC


Correct Option: B
Explanation:

Pecuniary jurisdiction of the court has been dealt with in section 6 of code of civil procedure.

Nemo debet bis vexari pro una et eadem causa means

  1. it is in the interest of state that there should be an end to litigation

  2. a judicial decision must be accepted as correct

  3. no one shall be vexed twice for one and the same cause of action

  4. where there is a right, there is a remedy


Correct Option: C
Explanation:

Nemo debet bis vexari pro una et eadem causa means no one shall be vexed twice for one and the same cause of action.

In execution of decree for the maintenance, salary of a person can be attached to the extent of

  1. one fourth

  2. one third

  3. two third

  4. one half


Correct Option: C
Explanation:

In execution of a decree for maintenance, one third of the salary of a person is exempted from attachment.

Which article of the Indian Constitution is related to doctrine of self incrimination?

  1. Article 20(1)

  2. Article 22

  3. Article 20(3)

  4. Article 20(2)


Correct Option: C
Explanation:

Article 20(3) deals with the privilege against self-incrimination. Article. 20(3) embodies this privilege.

Which of the following is not a state under Article 12 of the Constitution?

  1. Berhampur University Student Union

  2. C. S. I. R.

  3. Municipal Corporation, Bhubaneshwar

  4. Union Public Service Commission


Correct Option: A
Explanation:

Under article 12 of the Indian Constitution, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India. Thus, Berhampur University Student Union is not a state as per the definition of article 12 of the Indian Constitution.

Which of the following doctrines is not related to Article 13 of the Constitution?

  1. Doctrine of eclipse

  2. Doctrine of colourable legislation

  3. Doctrine of waiver

  4. Doctrine of severability


Correct Option: B
Explanation:

Doctrine of colourable legislation is not related to article 13 of the Indian Constitution. The doctrine of colourability is the idea that when the legislature wants to do something that it cannot do within the constraints of the constitution, it colours the law with a substitute purpose which will still allow it to accomplish its original goal.

Section 304 of CrPC deals with

  1. protection to accused against double prosecution for the same offence

  2. withdrawl from prosecution

  3. legal aid to the accused at state's expense

  4. order to release on probation of good conduct


Correct Option: C
Explanation:

Section 304 of the code of criminal procedure states legal aid to accused at state's expense in certain cases. 

Which Section of the CrPC provides that a person once convicted or acquitted cannot be tried again for the same offence?

  1. Section 304

  2. Section 300

  3. Section 321

  4. Section 302


Correct Option: B
Explanation:

Section 300 of the code of criminal procedure states that a person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence. 

Under Section 39 of CrPC every person has to give information to Magistrate or Police Officer about the commission of an offence punishable under

  1. Sections 121 to 126 of IPC

  2. Sections 489A to 489E of IPC

  3. Sections 302 and 304 of IPC

  4. All of the above


Correct Option: D
Explanation:

Under section 39 of the code of criminal procedure, every person, aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Indian Penal Code, namely (i)   sections 121 to 126, both inclusive, and section 130 (ii)  sections 302, 303 and 304 (that is to say, offences affecting life); (iii) sections 489A to 489E, both inclusive (that is to say, offences relating to currency notes and bank notes) shall forthwith give information to the nearest Magistrate or police officer of such commission or intention.

Under Section 416 of CrPC, the High Court can postpone capital sentence on

  1. unsound person

  2. old person

  3. pregnant woman

  4. politician


Correct Option: C
Explanation:

Section 416 of the code of criminal procedure states that if a woman sentenced to death is found to be pregnant, the High Court shall commute the sentence to imprisonment for life. 

If an indigent person’s suit abates on the death of the plaintiff, under Order XXXlll Rule 11A of CPC, the fee payable on plaint shall be recoverable from

  1. the estate of deceased plaintiff

  2. the defendant

  3. the State Government

  4. Either (1) or (2) or (3)


Correct Option: A
Explanation:

As per Order XXXlll Rule 11A of CPC, where the suit abates by reason of the death of the plaintiff or of any person added as a co-plaintiff, the Court shall order that the amount of court-fees which would have been paid by the plaintiff if he had not been permitted to sue as an indigent person shall be recoverable by the State Government from the estate of the deceased plaintiff.

Under Section 366 of CrPC, the sentence of death is to be submitted by Court of Session for confirmation by

  1. High Court

  2. Governor

  3. Supreme Court

  4. President


Correct Option: A
Explanation:

Under section 366 of the code of criminal procedure, when the Court of Session passes a sentence of death, the proceedings shall be submitted to the High Court, and the sentence shall not be executed unless it is confirmed by the High Court. 

Who is/are given protection from arrest under Section 45 of CrPC?

  1. Members of Armed Forces

  2. Judicial Officers

  3. President of India

  4. Members of Parliament


Correct Option: A
Explanation:

Section 45 of the code of criminal procedure provides protection to the members of armed forces from arrest.

Section 115 of the Indian Evidence Act, 1872 deals with

  1. Doctrine of Estoppel

  2. Presumption as to the Commission of a Crime

  3. Presumption as to Dowry Death

  4. Presumption as to Abetment of Suicide by a Married Woman


Correct Option: A
Explanation:

Section 115 of the Indian Evidence Act, 1872 deals with Doctrine of Estoppel.

Under Section 354 of CrPC, the language and content of the judgment

  1. shall be written in the language of the Court

  2. shall contain the point or points for determination, the decision thereon and the reasons for the decision

  3. shall specify the offence of which and the Section of the IPC or other law under which the accused is convicted

  4. All of the above


Correct Option: D
Explanation:

Section 354 states that except as otherwise expressly provided by this code, every judgment referred to in section 353- (a) shall be written in the language of the Court; (b) shall contain the point or points for determination, the decision thereon and the reasons for the decision; (c) shall specify the offence (if any) of which, and the section of the Indian Penal Code or other law under which, the accused is convicted and the punishment to which he is sentenced; (d) if it be a judgment of acquittal, shall state the offence of which the accused is acquitted and direct that he be set at liberty. 

A witness who is unable to speak is called

  1. Dumb Witness

  2. Deaf Witness

  3. Unreliable Witness

  4. Hostile Witness


Correct Option: A
Explanation:

Section 119 of the Indian Evidence Act defined dumb witness. It states that a witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible.

According to Section 141 of the Indian Evidence Act, 1872, any question suggesting the answer which the person putting it wishes or expects to receive is called

  1. answerable question

  2. convenient question

  3. suggestive question

  4. leading question


Correct Option: D
Explanation:

Section 141 of the Indian Evidence act states that any question suggesting the answer which the person putting it wishes or expects to receive is called a leading question.

Under the provisions of the Indian Evidence Act, 1872, when an accused says that he did not make confession, it is called

  1. Extra - Judicial Confession

  2. Judicial Confession

  3. Retracted Confession

  4. Retracted Extra - Judicial Confession


Correct Option: C
Explanation:

Under the provisions of the Indian Evidence Act, 1872, when an accused says that he did not make confession, it is called retracted confession. 

Opinion of an expert under Section 45 of the Indian Evidence Act, 1872

  1. is sometimes a conclusive proof and sometimes an inconclusive proof

  2. is corroborative in nature

  3. is supportive in nature

  4. is corroborative as well as supportive in nature


Correct Option: D
Explanation:

Opinion of an expert under Section 45 of the Indian Evidence Act, 1872 is corroborative as well as supportive in nature. 

Section 8 of the Indian Evidence Act, 1872 deals with

  1. Conduct

  2. Motive

  3. Preparation

  4. All of the above


Correct Option: D
Explanation:

Section 8 of the Indian Evidence Act deals with motive, preparation and previous or subsequent conduct. 

Section 75 of the Indian Evidence Act, 1872 deals with

  1. Public Documents

  2. Certified Copies of Public Documents

  3. Proof of Other Official Documents

  4. Private Documents


Correct Option: D
Explanation:

Section 75 of the Indian Evidence Act, 1872 defines private documents as all documents other than public documents.

Section 47A of the Indian Evidence Act, 1872 deals with

  1. Relevance of Opinion Relating to Electronic Signatures

  2. Relevance of Opinion Relating to Existence of Right or Custom

  3. Relevance of Opinion Relating to Usages and Tenets

  4. Relevance of Opinion Relationship


Correct Option: A
Explanation:

Section 47A of the Evidence Act states opinion as to electronic signature when relevant. 

Section 125 of the Indian Evidence Act, 1872 deals with

  1. Information as to Commission of Offences

  2. Confidential Communications

  3. Official Communications

  4. Professional Communications


Correct Option: A
Explanation:

Section 125 states that no Magistrate or Police officer shall be compelled to say whence he got any information as to the commission of any offence and no revenue officer shall be compelled to say whence he got any information as to the commission of any offence against the public revenue. 

‘Qui facit per alium per se’ is the essence of which of the following principles of criminal liability?

  1. Joint criminal liability

  2. Vicarious liability

  3. Corporate criminal liability

  4. Strict liability


Correct Option: B
Explanation:

Qui facit per alium facit per se is a Latin legal term meaning, "He who acts through another does the act himself." This is a maxim often stated in discussing the liability of employer for the act of employee.

Section 377 of IPC provides for

  1. robbery

  2. public nuisance

  3. theft

  4. unnatural offences


Correct Option: D
Explanation:

Section 377 of Indian Penal Code is read as unnatural offences. It states whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished.

In which case did the Supreme Court of India strike down mandatory death penalty under Section 303 of IRC as unconstitutional?

  1. Machhi Singh vs. State of Punjab

  2. Bachan Singh vs. State of Punjab

  3. Santa Singh vs. State of Punjab

  4. Mithu vs. State of Punjab


Correct Option: D
Explanation:

In Mithu vs State of Punjab (1983), the Supreme Court ruled that the mandatory death penalty is unconstitutional. It struck down Section 303 in the IPC, which entailed a mandatory death sentence for a person who commits murder while serving a life term in another case. 

According to _________, “a crime is a violation of public rights and duties due to the whole community”.

  1. Sir William Blackstone

  2. Prof. Glanville Williams

  3. Sir Kenny

  4. Sir Russell


Correct Option: A
Explanation:

William Blackstone in his book, Commentaries on the Laws of England, has defined Crime as, “an act committed or omitted in violation of public law forbidding or commanding it.

The Court of Magistrate First Class may pass a sentence for maximum term of imprisonment awardable in a summary trial of

  1. 3 months

  2. 1 year

  3. 2 years

  4. 6 years


Correct Option: A
Explanation:

No sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction under summary trial.

Section 115 of CPC applies only when

  1. there is error of law

  2. there is error of fact

  3. there is jurisdictional error

  4. there is erroneous decision


Correct Option: C
Explanation:

The High Court may call for the record of any case which has been decided by any court subordinate to such High Court and in which no appeal lies thereto and if such subordinate court appears (a) to have exercised a jurisdiction not vested in it by law or (b) to have failed to exercise a jurisdiction so vested or (c) to have acted in the exercise of its jurisdiction illegally or with material irregularity

“They also serve who only stand and wait.” This observation formed part of the judgement of the Supreme Court in which of the following cases?

  1. Nanda Rasool vs. State of Bihar

  2. Ramnath vs. State of Madhya Pradesh

  3. Ramashish Yadav vs. State of Bihar

  4. Pandurang vs. State of Hyderabad


Correct Option: C
Explanation:

“They also serve who only stand and wait.” This observation formed part of the judgement of the Supreme Court in the case of Ramashish Yadav vs. State of Bihar.

The two-judge bench of Supreme Court in which of the following cases held that long delay by the President of India or Govenror of State in disposing mercy petitions from the convicted person under Anti-Terrorism laws or similar status can’t be ground for communication of death penalty into life imprisonment?

  1. Shersingh vs. State of Punjab (1983)

  2. People Union for Democratic Rights vs. Union of India (2013)

  3. Trivenibin vs. State of Punjab (1989)

  4. Jagmohan Singh vs. State of Uttar Pradesh (1973)


Correct Option: C
Explanation:

The two-judge bench of Supreme Court in the case of "Trivenibin vs. State of Punjab (1989) held that long delay by the President of India or Govenror of State in disposing mercy petitions from the convicted person under Anti-Terrorism laws or similar status can’t be ground for communication of death penalty into life imprisonment.

Crimes which do not require intention, recklessness or even negligence as to one or more elements in the actus reus are known as

  1. vicarious liability

  2. strict liability

  3. act of God

  4. force majeure


Correct Option: B
Explanation:

In criminal law, strict liability is liability for which mens rea does not have to be proven in relation to one or more elements comprising the actus reus although intention, recklessness or knowledge may be required in relation to other elements of the offence.

The term ‘Admission’ is defined in the Indian Evidence Act, 1872 in

  1. Section 20

  2. Section 19

  3. Section 18

  4. Section 17


Correct Option: D
Explanation:

Admission under section 17 is defined as an admission in a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact and which is made by any of the persons and under the circumstances hereinafter mentioned.

Section 304B in Chapter XVI of IPC deals with

  1. Rape

  2. Cruelty

  3. Dowry death

  4. Insult to modesty of woman


Correct Option: C
Explanation:

Section 304B in Chapter XVI of IPC deals with dowry death. It states where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or har­assment by her husband or any relative of her husband for or in connection with any demand for dowry, such death shall be called “dowry death”.

According to the Supreme Court, if a particular offence carries mandatory sentence of imprisonment, a company

  1. cannot be prosecuted for such offence

  2. can be convicted, however can’t be imprisoned

  3. can be convicted and can be fined

  4. can be convicted and directors can be imprisoned


Correct Option: A
Explanation:

The company being a juristic person cannot be prosecuted for an offence for which custodial sentence is the mandatory punishment.

Subject of limitation is dealt within __________ of the Constitution.

  1. Entry 12, List Il

  2. Entry 12, List III

  3. Entry 13, List ll

  4. Entry 13, List Ill


Correct Option: D
Explanation:

Under List III Entry 13 of the Indian Constitution, Civil procedure, includes all matters included in the Code of Civil Procedure at the commencement of this Constitution, limitation and arbitration. 

The intention of Law of Limitation is

  1. not to give a right where there is none

  2. to interpose a bar after a certain period to a suit to enforce an existing right

  3. Both (1) and (2)

  4. None of the above


Correct Option: C
Explanation:

Limitation laws suggest that all disputes/claims/remedies should be kept alive only for a legislatively fixed period of time for otherwise disputes would be immortal when man is mortal.

Warrant case means a case

  1. in which a police officer cannot arrest without warrant

  2. in which the court in first instance, shall issue a warrant of arrest against the accused

  3. relating to an offence punishable with imprisonment for a term not exceeding 2 years

  4. relating to an offence punishable with death, imprisonment for life or for a term exceeding two years


Correct Option: D
Explanation:

As per Section 2 (x) of code of criminal procedure, "warrant-case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.

The Supreme Court of India in which of the following cases held that the general principle of criminal jurisdiction is that jurisdiction is determined by the locality of the offence irrespective of the nationality or any other similar attributes of the offender?

  1. State of Bombay vs. L. Apte

  2. State of Bombay vs. Kathikala Oghad

  3. State of Maharashtra vs. M. H. George

  4. Mubarak Ali vs. State of Bombay


Correct Option: D
Explanation:

The Supreme Court of India in the case of "Mubarak Ali vs. State of Bombay" held that the general principle of criminal jurisdiction is that jurisdiction is determined by the locality of the offence irrespective of the nationality or any other similar attributes of the offender.

For an account and a share of profits of a dissolved partnership, the period of limitation is __________ from the date of dissolution.

  1. 2 years

  2. 3 years

  3. 12 years

  4. 30 years


Correct Option: B
Explanation:

For an account and a share of profits of a dissolved partnership, the period of limitation is three years from the date of dissolution. It is given under article 5 of the Limitation Act.

Under Section 25 of the Limitation Act, 1963, the right to access and use of light or air, way, watercourse, use of water, or any other easement which has been peaceably enjoyed without interruption for _______ if the property belongs to government, shall be absolute and indefeasible.

  1. 20 years

  2. 30 years

  3. 12 years

  4. 3 years


Correct Option: B
Explanation:

Under Section 25 (3) of the Limitation Act, 1963, the right to access and use of light or air, way, watercourse, use of water, or any other easement which has been peaceably enjoyed without interruption for thirty years if the property belongs to government, shall be absolute and indefeasible.

The extension of a prescribed period in certain cases on sufficient cause of being shown for the delay under Section 5 of the Limitation Act is known as

  1. doctrine of extension

  2. doctrine of condonation

  3. doctrine of sufficient cause

  4. All of the above


Correct Option: D
Explanation:

Section 5 of the Indian Limitation Act, 1963 states "Extension of prescribed period in certain cases". It also states condonation of delay which is applicable in case of appeal.

Section 89 CPC provides for

  1. settlement of dispute by High Court only

  2. settlement of dispute by Supreme Court or High Court

  3. settlement of dispute through Village Panchayat

  4. settlement of dispute outside the Court


Correct Option: D
Explanation:

Section 89, C.P.C. embraces the provision for settlement of dispute outside the court.

______ under CrPC is for ‘Order for maintenance of wives, children and parents’.

  1. Section 135

  2. Section 125

  3. Section 145

  4. Section 124


Correct Option: B
Explanation:

Under section 125 of code of criminal procedure, the order for maintenance of wives, children and parents is to be made.

Under the Code of Civil Procedure, 1908, the period of limitation to file an appeal to a High Court from decree or order is _________ from the date of decree or order.

  1. 30 days

  2. 60 days

  3. 90 days

  4. 3 years


Correct Option: C
Explanation:

The Limitation Act, 1963, however provides the period of filing up appeals. It states that the appeals against a decree or order can be filed in a High Court within ninety days and in any other court in thirty days from the date of the decree or order appealed against.

The Limitation Act, 1963 came into force on

  1. 1st January, 1964

  2. 5th October, 1963

  3. 1st January, 1963

  4. 1st October, 1963


Correct Option: A
Explanation:

Limitation Act, 1963 was enacted on October 5, 1963 and came into force on January 1, 1964 for the purpose of consolidating and amending the legal principles relating to limitation of suits and other legal proceedings.

Choose the right answer.

(i) The Law of Limitation bars the remedy in a court of law only when period of limitation has expired. (ii) The Law of Limitation does not extinguish the right that it cannot be enforced by judicial process. (iii) If a claim is satisfied outside the court of law after the expiry of period of limitation, that is not illegal. (iv) If a claim is satisfied outside the court of law after the expiry of period of limitation, that is illegal.

  1. (i), (ii), (iii)

  2. (ii) and (iv)

  3. (ii), (iii), (iv)

  4. None of the above


Correct Option: A
Explanation:

If a claim is satisfied outside the court of law after the expiry of period of limitation, that is not illegal.

The specific performance of a contract shall be sought within __________ from the date fixed for the performance or if no such date is fixed, when the plaintiff has noticed that performance is refused.

  1. 1 year

  2. 3 years

  3. 12 years

  4. 20 years


Correct Option: B
Explanation:

Under article 54 of the Limitation Act, the specific performance of a contract shall be sought within three from the date fixed for the performance or if no such date is fixed, when the plaintiff has noticed that performance is refused. 

Continuous running of time refers to

  1. where once time has begun to run, no subsequent disability or inability to institute a suit or make application stops it

  2. where once time has begun to run, subsequent disability or inability to institute a suit or make application stops it

  3. where once time has begun to run, subsequent disability or inability to institute a suit or make application stops it, provided the court grants leave

  4. where once time has begun to run, subsequent disability or inability to institute a suit or make application stops it, provided there is bonafide cause in view of the court


Correct Option: A
Explanation:

Section 9 of the Limitation Act states that where once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it. 

‘A’ transferred a land to ‘B’ with a condition that if B sold it, he must sell it to ‘C’ and nobody else. The condition is

  1. void

  2. voidable

  3. legal

  4. voidable at the option of ‘C’


Correct Option: A
Explanation:

Where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation is void. 

‘Nemo dat quod non habet’ means

  1. one can transfer what he doesn’t possess

  2. possession is nine points in law

  3. transfer without consideration is invalid

  4. one cannot transfer what he doesn’t possess


Correct Option: D
Explanation:

Nemo dat quod non habet, literally meaning "no one gives what he doesn't have" is a legal rule, sometimes called the nemo dat rule.

A suit to obtain a decree that a mortgagor shall be absolutely debarred of his right to redeem the mortagaged property is called a suit for

  1. part performance

  2. election

  3. foreclosure

  4. estoppel


Correct Option: C
Explanation:

Under section 67 of the transfer of property act, it has been stated that a suit to obtain a decree that a mortgagor shall be absolutely debarred of his right to redeem the mortgaged property is called a suit for foreclosure. 

Section 52 of the Transfer of Property Act contains the doctrine of

  1. lis pendens

  2. part performance

  3. feeding the grant by estoppel

  4. notice


Correct Option: A
Explanation:

Section 52 of the Transfer of Property Act speaks about the doctrine of lis pendens.

Which of the following statements is not correct in the context of transfer of property?

  1. It means an act by which a living person conveys property.

  2. He conveys property in present or in future.

  3. He conveys to one or more other living persons.

  4. He cannot transfer property to himself and one or more other living persons.


Correct Option: D
Explanation:

Under section 5 of the transfer of property act, "transfer of property" means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself and one or more other living persons. 

A mortgage by deposit of title deed is called

  1. anomalous mortgage

  2. English mortgage

  3. equitable mortgage

  4. usufructuary mortgage


Correct Option: C
Explanation:

A mortgage by deposit of title deed is called equitable mortagage. An equitable mortgage is that in which the lender is secured by taking possession of all the original title documents of the property that serve as security for the mortgage. 

For the purpose of making a gift of immovable property, the transfer must be effected by

  1. delivery of possession

  2. registered instrument signed by or on the behalf of the donor and duly attested

  3. simple instrument

  4. simple instrument accompanied by delivery of possession


Correct Option: B
Explanation:

According to Section 123 of transfer of property act, (i)  for the purpose of making a gift of movable property, the transfer may be effected either by a registered instrument signed and attested by at least two witnesses or by delivery and (ii) for the purpose of making a gift of immovable property, the transfer must be effected by a registered instrument signed by or on behalf of the donor, and attested by at least two witnesses.

Which of the following is not an essential requirement for a gift made by a Mohammedan?

  1. Declaration of the gift by the donor

  2. Acceptance of the gift by the donee

  3. Delivery of possession to the donee

  4. The gift must be effected through a registered instrument


Correct Option: D
Explanation:

In the Mohammedan law, a gift of property requires three essentials: (1) Declaration of the gift by the donor (2) Acceptance of the gift by the donee (3) Delivery of possession to the donee

A lease of immovable property from year to year can be made by

  1. oral agreement

  2. oral agreement accompanied by delivery of possession

  3. simple instrument

  4. only a registered instrument


Correct Option: D
Explanation:

A lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent can be made only by a registered instrument.

M. C. Chako vs. State Bank of Travancore, AIR 1970 SC 504 case is related to

  1. Breach of Contract

  2. Privity of Contract in India

  3. Restitution

  4. None of the above


Correct Option: B
Explanation:

M. C. Chako vs. State Bank of Travancore, AIR 1970 SC 504 case is related to privity of contract in India.

Hadley V. Baxendale is related to

  1. Quasi Contract

  2. Contingent Contract

  3. Damages for Breach of Contract

  4. None of the above


Correct Option: C
Explanation:

Hadley v Baxendale (1854) is a leading English contract law case. It sets the basic rule to determine consequential damages from a breach of contract.

“Past consideration is no consideration.” This statement is

  1. correct under Indian Law of Contract

  2. correct under English Law of Contract

  3. correct both under Indian and English Laws of Contract

  4. Not correct under both Indian and English Laws of Contract


Correct Option: A
Explanation:

Under English Law, past consideration is no consideration and under Indian Law, past consideration is good consideration.

An offer made to the public at large is called

  1. valid offer

  2. specific offer

  3. general offer

  4. None of the above


Correct Option: C
Explanation:

An offer made to the public at large is called general offer.

The Commissioner of Wealth Tax, Mysore vs. Vijayaba Dowger Maharani Saheb, Bhavnagar and Others, AIR 1970 SC case is related to

  1. general damages

  2. special damages

  3. wagering agreement

  4. contingent contract


Correct Option: D
Explanation:

The Commissioner of Wealth Tax, Mysore vs. Vijayaba Dowger Maharani Saheb, Bhavnagar and Others, AIR 1970 SC case is related to contingent contract.

A continuing guarantee may be revoked

  1. by notice to the creditor

  2. by surity’s death

  3. by both (1) and (2)

  4. None of the above


Correct Option: C
Explanation:

At any time, a continuing guarantee about future transactions can be revoked by the surety by notice to the creditor and continuing guarantee can be revoked by death of surety.

On which date did the Hindu Succession Act, 1956 come into force?

  1. 17th May

  2. 17th June

  3. 17th July

  4. 17th April


Correct Option: B
Explanation:

Tthe Hindu Succession Act, 1956 came into force on 17th June, 1956.

The Hindu Succession Act does not have territorial jurisdiction over

  1. Hindus of Jammu and Kashmir

  2. Hindus of Goa, Daman and Diu

  3. Hindus of Renocants of Pondicherry

  4. Hindus of all the above areas


Correct Option: A
Explanation:

Hindu Succession ACt, 1956 extends to the whole of India except the state of Jammu and Kashmir. 

A Hindu female W dies and is survived be by her husband H, one son S, two revoked: unmarried daughters Dl and D2. How will the property of W be divided?

  1. Into four equal parts

  2. 1/2 to husband and remaining 1/2 to son and daughters

  3. 1/2 to son and remaining 1/2 to husband and daughters

  4. 1/3 to husband,1 1/3 to son and remaining 1/3 to daughters


Correct Option: A
Explanation:

A Hindu female W dies and is survived be by her husband H, one son S, two revoked: unmarried daughters Dl and D2. The property of W will be divided into four equal parts.

A dies intestate and is survived by a son of predeceased half-blood brother S and a daughter of a full-blood predeceased sister D. How will S and D succeed the property?

  1. D will get entire property.

  2. S will get entire property.

  3. D and S both will get equal property.

  4. D will get 3/4th share and S will get 1/4th share.


Correct Option: A
Explanation:

The act lays down some general rules of succession inter alia to the effect that heirs related to a male or female intestate by full blood are to be preferred to those related by half blood if the nature of relationship is the same in every other respect under section 18.

The term ‘Codicil’ under Indian Succession Act relates to instruments made in relation to

  1. intestate

  2. probate

  3. will

  4. gift


Correct Option: C
Explanation:

Section 14 (2) of the Hindu Succession Act states that nothing contained in sub-section (1) shall apply to any property acquired by way of gift or under a will or any other instrument or under a decree or order of a civil court or under an award where the terms of the gift, will or other instrument or the decree, order or award prescribe a restricted estate in such property. 

Which of the following cannot be a ground for disqualification under Hindu Succession Act, 1956?

  1. Mental infirmity

  2. Physical defects

  3. Conversion to other religion

  4. Diseases


Correct Option: A
Explanation:

Mental Infirmity is not be a ground for disqualification under Hindu Succession Act, 1956.

A legacy is bequeathed to A on condition that he shall marry with the consent of B, C and D. A marries with F without consent but obtains consent afterwards. The legacy is

  1. valid as A has fulfilled the condition of vesting legacy

  2. not valid as A has not fulfilled the condition of vesting legacy

  3. Both (1) and (2)

  4. The condition is void ab-initio, hence no question of challenging legacy.


Correct Option: B
Explanation:

A legacy is bequeathed to A on condition that he shall marry with the consent of B, C, and D. A marries without the consent of B, C and D. A has not fulfilled the condition.

The degree of kindred are computed under Indian Succession Act in the manner set forth in the table of kindred set out in

  1. Schedule 2

  2. Schedule 1

  3. Schedule 3

  4. Schedule 4


Correct Option: B
Explanation:

Under section 18 of the Indian Succession Act, 1925, degrees of kindred are computed in the manner set forth in the table of kindred set out in Schedule I. 

A person taking no benefit directly under a will but deriving a benefit under it indirectly is not put to his election, has been provided under which section of Indian Succession Act?

  1. Section 185

  2. Section 186

  3. Section 187

  4. Section 184


Correct Option: D
Explanation:

Under section 184 of Indian Succession Act, a person taking no benefit directly under a will but deriving a benefit under it indirectly is not put to his election, has been provided.

A relief against parties and persons claiming under them by subsequent title for specific performance of a contract may be enforced under

  1. Section 12

  2. Section 19

  3. Section 18

  4. Section 8


Correct Option: B
Explanation:

A specific performance of a contract may be enforced under section 19 of the Specific Relief act, when a relief against parties and persons claiming under them by subsequent title. 

A deceased has made a specific bequest of part of his property. The executor not having assented to the bequest sells the subject of it. The sale is

  1. valid

  2. void

  3. voidable

  4. voidable at the discretion of executor only


Correct Option: C
Explanation:

Section 310 of the Indian Succession Act, 1925 states that if any executor or administrator purchases, either directly or indirectly, any part of the property of the deceased, the sale is voidable at the instance of any other person interested in the property sold. 

Where a person is in settled possession of property, even on the assumption that he had no right to remain on the property, he cannot be dispossessed by the owner. This relief is available in the Specific Relief Act under

  1. Section 6

  2. Section 11

  3. Section 9

  4. Section 8


Correct Option: A
Explanation:

The relief is available under section 6 of the specific relief act. It has been stated under section 6 that if any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may by suit recover possession thereof, notwithstanding any other title that may be set up in such suit. 

Under Section 31 of the Specific Relief Act, the essential conditions under which cancellation of an instrument may be ordered are

  1. that the written instrument is void or voidable against the plaintiff

  2. that the plaintiff has reasonable apprehension of serious injury from the instrument is left outstanding

  3. that in view of the circumstances, the court considers it as reasonable and necessary to cancel the document

  4. All of the above


Correct Option: D
Explanation:

The wording of section 31 of the specific relief act states that any person against whom a written instrument is void or voidable and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable and the court may in its discretion so adjudge it and order it to be delivered up and cancelled. 

In a simple suit for specific performance of contract for sale, a person who is not a party to the Agreement for Sale is neither a necessary nor proper party. The exemptions available under Specific Relief Act are

  1. cases of novatio

  2. interest arising out of prior contracts

  3. where it is necessary to join parties for avoiding multiplicity of proceedings

  4. All of the above


Correct Option: D
Explanation:

In a simple suit for specific performance of contract for sale, a person who is not a party to the Agreement for Sale is neither a necessary nor proper party. The exemptions available under Specific Relief Act are in all above cases mentioned.

The display of articles in a showroom indicating their prices amounts to

  1. offer

  2. counter offer

  3. invitation to an offer

  4. mere advertisement


Correct Option: C
Explanation:

An Invitation to offer is an act prior to an offer in which one person induces another person to make an offer to him.

Injunction can be granted under Specific Relief Act for

  1. protection of intellectual properties

  2. a wife can restrain her husband from contracting a second marriage

  3. passing-off and like action

  4. All of the above


Correct Option: D
Explanation:

All above injunctions can be granted by the court. Injunction is categorised in two forms, i.e. Permanent Injunction and Temporary Injunction 

A person who is entitled to possession of specific immovable property may recover it by suit filed under the provisions of the Civil Procedure Code. This relief is provided in Specific Relief Act under

  1. Section 11

  2. Section 4

  3. Section 5

  4. Section 9


Correct Option: C
Explanation:

Under section 5 of the specific relief act, a person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908. 

Any person having the possession or control over an article of movable property, of which he is not the owner, may be compelled to deliver it to the person entitled to the immediate possession

  1. when the possession of the thing claimed has been wrongfully transferred from the plaintiff

  2. when the thing claimed is held by the defendant as the agent or trustee of the plaintiff

  3. Both (1) and (2)

  4. None of the above


Correct Option: C
Explanation:

Any person having the possession or control of a particular article of movable property, of which he is not the owner may be compelled specifically to deliver it to the person entitled to its immediate possession in any of the following cases: (a) when the thing claimed is held by the defendant as the agent or trustee of the plaintiff; (b) when compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed; (c) when it would be extremely difficult to ascertain the actual damage caused by its loss; (d) when the possession of the thing claimed has been wrongfully transferred from the plaintiff.

Which of the following sections under Specific Relief Act deals with Specific Performance with variation?

  1. Section 18

  2. Section 19

  3. Section 20

  4. Section 21


Correct Option: A
Explanation:

Where a plaintiff seeks specific performance of a contract in writing to which the defendant sets up a variation, the plaintiff cannot obtain the performance sought except with the variation so set up in the section 18 of the Specific Relief act.

To obtain a mandatory injunction under Section 39 of the Specific Relief Act, the plaintiff must show that there has been a breach of obligation in the nature of

  1. legal obligation

  2. where it is necessary to maintain status quo

  3. None of the above

  4. Both (1) and (2)


Correct Option: D
Explanation:

When to prevent the breach of an obligation, it is necessary to compel the performance of certain acts which the court is capable of enforcing, the court may in its discretion grant an injunction to prevent the breach complained of and also to compel performance of the requisite acts under section 39 of the specific relief act.

Where an instrument is evidence of different rights or different obligations, the Court may, in a proper case, cancel it in part and allow it to stand for the residue. This provision is provided in the Specific Relief Act under

  1. Section 21

  2. Section 32

  3. Section 42

  4. Section 40


Correct Option: B
Explanation:

Where an instrument is evidence of different rights or different obligations, the Court may, in a proper case, cancel it in part and allow it to stand for the residue. This provision is provided in the Specific Relief Act under section 32.

‘A’ saves ‘B’ from drowning in a river. ‘B’ promises to pay ‘A’ Rs. 10,000 for this kind act. The contract is

  1. void for want of consideration

  2. voidable

  3. unenforceable because it is immoral

  4. enforceable as it covered by execptions to consideration


Correct Option: D
Explanation:

If a promise is made to compensate, wholly or in part, a person who has voluntarily done something for the promisor, is enforceable even though without consideration. In other words, a promises to pay for a past voluntarily service is binding. This is an exception to the principle that past consideration is no consideration. ‘A’ saves ‘B’ from drowning in a river. ‘B’ promises to pay ‘A’ Rs. 10,000 for this kind act. The contract is valid.

Under the Indian Contract Act, 1872, a contract of ‘Indemnity’ is defined in Section

  1. 126

  2. 127

  3. 128

  4. 124


Correct Option: D
Explanation:

A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called a “contract of indemnity.” defined under section 124 of the Indian Contract Act.

Which of the following does not render a contract void after it has been made?

  1. Commercial impossibility

  2. Physical impossibility

  3. Legal impossibility

  4. Practical impossibility


Correct Option: A
Explanation:

Commercial impossibility does not render a contract void after it has been made.

Which of the following is not an actionable claim?

  1. A claim to mesne profits

  2. A claim for arrears of rent

  3. A claim for return of earnest money

  4. A claim to money under insurance policy


Correct Option: A
Explanation:

Actionable claim is a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of movable property. 

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