0

Odisha Judicial Service (Preliminary) Exam (2011)

Description: Odisha Judicial Service (Preliminary) Exam (Year Not Mention)
Number of Questions: 100
Created by:
Tags: Odisha Judicial Service (Preliminary) Exam (Year Not Mention) Criminal Law Constitutional Law Civil Law Law of Evidence Code of Criminal Procedure Property Law Specific Relief and Limitation law Family Law Law of Contracts
Attempted 0/100 Correct 0 Score 0

Which section deals with dowry death?

  1. 304-A of IPC

  2. 498-A of IPC

  3. 489-A of lRC

  4. 304-B of lPC


Correct Option: D
Explanation:

Section 304B of the Indian Penal Code states that 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", and such husband or relative shall be deemed to have caused her death. 

One of the remedies for false imprisonment is

  1. habeas corpus

  2. mandamus

  3. certiorari

  4. prohibition


Correct Option: A
Explanation:

If a person is unlawfully confined, than he can be released from such confinement by the writ of habeas corpus.

Article 39A of the Constitution of India deals with

  1. Free Legal Aid

  2. Free and Compulsory Education

  3. Free Housing to the Poor

  4. Free Medical Aid to the Citizens


Correct Option: A
Explanation:

Article 39A of the Constitution of India deals with equal justice and free legal aid. 

'Every cftizen of India has a right to contest in elections unless disqualified' is

  1. an ordinary Civil Right

  2. an important Constitutional Right

  3. a Fundamental Right

  4. a Fundamental Duty


Correct Option: B
Explanation:

Right to contest elections has been held as constitutional right but subject to qualifications and disqualifications.

The members of the UPSC are appointed by

  1. Cabinet

  2. Chief Justice of India

  3. Prime Minister of India

  4. President of India


Correct Option: D
Explanation:

The Chairman and other members of the UPSC (Union Public Service Commission) are appointed by the President of India.

The oath is administered to the President of India by

  1. Speaker of the Lok Sabha

  2. Prime Minister of India

  3. Attorney General of India

  4. Chief Justice of India


Correct Option: D
Explanation:

The oath of the President is taken in the presence of the Chief Justice of India and in his/her absence by the most senior judge of the Supreme Court.

Grievous hurt means

  1. emasculation

  2. disfiguration

  3. any hurt which endangers life

  4. All of the above


Correct Option: D
Explanation:

Grievous hurt is defined under section 320 of Indian Penal Code, which includes emasculation, disfiguration and any hurt which endangers life.

The distinction between sections 299 and 300 of I. P. C. was made clear by

  1. Marshall, J. in R. V. Govinda

  2. Melvill, J. in Govinda V. R.

  3. Melvill, J. in R. V. Govinda

  4. Marshall, J. in Govinda V. R.


Correct Option: C
Explanation:

The distinction between sections 299 and 300 was made clear by Melvill, J. in R.V. Govinda.

Suspension of provisions of Article 19 during Emergency is dealt in

  1. Article 352

  2. Article 355

  3. Article 358

  4. Article 361


Correct Option: C
Explanation:

Suspension of provisions of Article 19 during Emergency is dealt in Article 358 of the Indian Constitution.

Whosoever by force compels or by any deceitful means induces any preson to go from any place performs

  1. abduction

  2. kidnapping

  3. slavery

  4. forced labour


Correct Option: A
Explanation:

Section 362 of the Indian Penal Code defines whosoever by force compels or by any deceitful means induces any person to go from any place is said to abduct that person. 

Under the Indian Penal Code, abetment is constituted by

  1. instigating a person to commit an offence

  2. engaging in a conspiracy to commit an offence

  3. intentionally aiding a person to commit an offence

  4. All of the above


Correct Option: D
Explanation:

Under section 107 of the Indian Penal Code, a person abets the doing of a thing, who First: Instigates any person to do that thing; or Second: Engages with one or more persons in any conspiracy for the doing of that thing if an act or illegal omission takes place in pursuance of that conspiracy and in order to the doing of that thing; or Third: Intentionally aids, by any act or illegal omission, the doing of that thing. 

Garnishee means

  1. Judgement Debtor

  2. Judgement Creditor

  3. Judgement Debtor’s Debtor

  4. Guarantor


Correct Option: C
Explanation:

Garnishee means a judgment debtor’s debtor. He is a person or institution that is indebted to another whose property has been subject to garnishment. 

Movable property not in possession of the judgement debtor

  1. cannot be attached

  2. can be attached by actual seizure

  3. can be attached by an order prohibiting the person in possession thereof from giving it to the judgement debtor

  4. can be left in the custody of respectable person as custodian


Correct Option: C
Explanation:

Movable property not in possession of the judgement debtor can be attached by an order prohibiting the person in possession thereof from giving it to the judgement debtor.

The special provisions to Finance Bills are provided under the Constitution of India in

  1. Article 114

  2. Article 115

  3. Article 116

  4. Article 117


Correct Option: D
Explanation:

The special provisions to Finance Bills are provided under the Constitution of India in Article 117.

Actus curiae neminem gravabit means

  1. the act of court shall harm no one

  2. grave acts cannot be pardoned

  3. remedy must cure the act

  4. all acts cannot be sued in a Court


Correct Option: A
Explanation:

Actus curiae neminem gravabit is a Latin maxim which means an act of the court shall prejudice no one.

Whoever obstructs any person, so as to prevent that person from proceeding in any direction in which that person has a right to proceed, performs

  1. wrongful confinement

  2. force

  3. wrongful restraint

  4. defamation


Correct Option: C
Explanation:

Section 339 of the Indian Penal Code defines whosoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed.

Precept means

  1. command

  2. order

  3. writ

  4. All of the above


Correct Option: D
Explanation:

Precept means to command, to order and to file a writ.

A judgement debtor

  1. cannot be arrested

  2. can be arrested

  3. can be arrested and detained if certain conditions are fulfilled

  4. can be arrested and detained if certain conditions are fulfilled only in Civil Prison


Correct Option: D
Explanation:

A judgment debtor may be arrested in execution of a decree at any hour and on any day and shall, as soon as practicable, be brought before the Court and his detention may be in the civil prison of the district in which the Court ordering the detention is situated.

Section 75 of the Indian Evidence Act, 1872 deals with

  1. Public Documents

  2. Private Documents

  3. Certified Copies of Public Documents

  4. Proof of Other Official Documents


Correct Option: B
Explanation:

Section 75 of the Indian Evidence Act, 1872 deals with private documents. 

Which of the following amendments accorded precedence to Directive Principles over Fundamental Rights?

  1. 44th Amendment

  2. 24th Amendment

  3. 39th Amendment

  4. 42nd Amendment


Correct Option: D
Explanation:

On 31 July 1980, in its judgement on Minerva Mills v. Union of India, the Supreme Court declared unconstitutional two provisions of the 42nd Amendment which prevent any constitutional amendment from being "called in question in any Court on any ground" and accord precedence to the Directive Principles of State Policy over the Fundamental Rights of individuals.

Suo Motu means

  1. in the matter

  2. suit filed

  3. of its own motion

  4. small matter


Correct Option: C
Explanation:

Suo motu means "on its own motion," and is a Latin legal term.

The solemn resolution in the Preamble of our Constitution is made in the name of

  1. Constituent Assembly of Free India

  2. Constitution of India

  3. Indian Independence Act

  4. People of India


Correct Option: D
Explanation:

 These are the opening words of the preamble of the Indian Constitution, “ WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens."

Section 23 of the Indian Evidence Act, 1872 deals with

  1. Relevance of Admissions in Civil Cases

  2. Relevance of Oral Admissions as to Contents of Documents

  3. Relevance of Oral Admissions as to Contents of Electronic Records

  4. None of the above


Correct Option: A
Explanation:

Section 23 of the Indian Evidence Act talks about admissions in civil cases, when relevant.

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

  1. Section 17

  2. Section 18

  3. Section 19

  4. Section 20


Correct Option: A
Explanation:

 The term admission is defined in the Indian Evidence Act, 1872 in section 17 as an admission is a statement 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.

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 a/an

  1. Answerable Question

  2. Convenient Question

  3. Suggestive Question

  4. Leading Question


Correct Option: D
Explanation:

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 a leading question.

The term ‘Examination-in-Chief has been defined in the Indian Evidence Act, 1872 in

  1. Section 137

  2. Section 138

  3. Section 139

  4. Section 140


Correct Option: A
Explanation:

The term 'Examination-in-Chief' has been defined in the Indian Evidence Act, 1872 in section 137 as the examination of a witness by the party who calls him shall be called his examination-in-chief. 

A witness who is unable to speak is called

  1. Deaf Witness

  2. Dumb Witness

  3. Hostile Witness

  4. Unreliable Witness


Correct Option: B
Explanation:

Section 119 of the evidence act states that a witness who is unable to speak may give his evidence in any other manner in which he can make it intelligible as by writing or by signs but such writing must be written and the signs be made in open Court. 

Section 115 of the Indian Evidence Act, 1872 deals with

  1. Estoppel

  2. Estoppel of Tenant

  3. Estoppel of Acceptor of Bill of Exchange, Bailee or Licensee

  4. Evidence as to Affairs of State


Correct Option: A
Explanation:

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

‘Actus me invito factus non est mens actus’ means

  1. an act itself does not make a man guitty unless his intentions were so

  2. an act done by me against my will is not my act at all

  3. the intent and the act both must concur to constitute crime

  4. None of the above


Correct Option: B
Explanation:

‘Actus me invito factus non est mens actus’ means an act done by me against my will is not my act at all.

A person who may be said to be of unsound mind is

  1. an idiot

  2. a mad man

  3. one who is drunk

  4. All of the above


Correct Option: D
Explanation:

A person who may be said to be of unsound mind is an idiot or a mad man or one who is drunk.

Robbery is an aggravated form of

  1. theft

  2. extortion

  3. Both (1) and (2)

  4. All of the above


Correct Option: C
Explanation:

 Robbery is an aggravated form of theft and extortion is defined under section 390 of the Indian Penal Code.

The Code of Civil Procedure

  1. applies to whole of India

  2. applies to whole of India except Jammu and Kashmir

  3. applies to the whole of India except Jammu and Kashmir and Nagaland

  4. applies to whole of India except Jammu and Kashmir, Nagaland and Tribal Areas


Correct Option: D
Explanation:

The Code of Civil Procedure applies to whole of India except Jammu and Kashmir, Nagaland and Tribal Areas.

Decision on question of limitation

  1. operates as res juclicata

  2. does not operate as res judicata

  3. operates as res judicata, if not

  4. None of the above


Correct Option: A
Explanation:

Decision on the question of limitation, even if erroneous, operates as res judicata in subsequent proceedings.

Provisions as to the administration and control of Scheduled Areas and Scheduled Tribes are in

  1. Ninth Schedule

  2. Seventh Schedule

  3. Fifth Schedule

  4. Third Schedule


Correct Option: C
Explanation:

Provisions as to the administration and control of Scheduled Areas and Scheduled Tribes are in fifth schedule of the Indian Constitution.

Section 89 of the CPC was inserted in

  1. 1993

  2. 1998

  3. 1999

  4. 2009


Correct Option: C
Explanation:

Section 89 of the Code of Civil Procedure, 1908 was inserted by CPC (Amendment) Act, 1999.

When two or more persons by fighting in a public place disturb public peace, it is

  1. affray

  2. riot

  3. assault

  4. curfew


Correct Option: A
Explanation:

When two or more persons by fighting in a public place disturb public peace, they are said to commit affray.

For instituting a suit against the Government, notice should be given ______ before.

  1. 2 months

  2. 3 months

  3. 1 month

  4. 6 months


Correct Option: A
Explanation:

For instituting a suit against the Government, notice should be given two months before.

'Examination of a Witness by the Adverse Party' shall be called his

  1. Examination-in-Chief

  2. Cross-Examination

  3. Re-Examination

  4. Examination on Facts


Correct Option: B
Explanation:

The examination of a witness by the adverse party shall be called his cross-examination.

The Court of a Magistrate of first class may pass a sentence of imprisonment for a term not exceeding

  1. 3 years

  2. 5 years

  3. 7 years

  4. 4 years


Correct Option: A
Explanation:

The Court of a Magistrate of first class may pass a sentence of imprisonment for a term not exceeding three years.

Under which section of CrPC can a person who is avoiding execution of a warrant be proclaimed absconder?

  1. Section 81

  2. Section 83

  3. Section 82

  4. Section 84


Correct Option: C
Explanation:

Under section 82 of code of criminal procedure, a person who is avoiding execution of a warrant may be proclaimed absconder.

Under which section of CrPC can a police officer arrest a person without an order from a Magistrate and without warrant?

  1. Section 42

  2. Section 40

  3. Section 51

  4. Section 41


Correct Option: D
Explanation:

Under Section 41 of code of criminal procedure, a police officer can arrest a person without an order from a Magistrate and without warrant.

Power to search a place is provided under

  1. Section 45

  2. Section 46

  3. Section 47

  4. Section 48


Correct Option: C
Explanation:

Section 47 of the code of criminal procedure states that search of place entered by a person sought to be arrested. 

Which of the following processes compel the appearance of a person before the Criminal Court?

  1. Summons

  2. Warrants

  3. Attachment and sale of property

  4. All of the above


Correct Option: D
Explanation:

Summons, warrants and attachment and sale of property are the three processes to compel the appearance of persons before Criminal Court.

The recording of the statements by a police officer during investigation is provided by

  1. Section 161(1)

  2. Section 161(2)

  3. Section 161(3)

  4. Section 162(1)


Correct Option: C
Explanation:

Under section 161(3) of the code of criminal procedure, the police officer may reduce into writing any statement made to him in the course of an examination under this section and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records. 

Under Section 167, the Magistrate can order detention in

  1. police custody

  2. judicial custody

  3. jail

  4. any custody he thinks fit


Correct Option: D
Explanation:

 Under section 161(3) of the code of criminal procedure, the Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody (police or judicial) as such Magistrate thinks fit.

Which of the following sections does not provide for joinder of charges?

  1. Section 219

  2. Section 221

  3. Section 222

  4. Section 225


Correct Option: D
Explanation:

Section 225 of the code of criminal procedure states that In every trial before a Court of Session, the prosecution shall be conducted by a Public Prosecutor. 

Any dispute relating to possession of immovable property is decided by

  1. Judicial Magistrate

  2. Executive Magistrate

  3. Executive or Judicial Magistrate

  4. None of these


Correct Option: B
Explanation:

Any dispute relating to possession of immovable property is decided by an executive magistrate only.

Which section is based on the maxim “Nemo debet bis vexari pro eadem causa”, i.e. a man shall not be twice vexed for one and the same cause?

  1. Section 300

  2. Section 301

  3. Section 302

  4. Section 303


Correct Option: A
Explanation:

Section 300 of the code of criminal procedure is based on the maxim “Nemo debet bis vexari pro eadem causa”, i.e. a man shall not be twice vexed for one and the same cause.

Chapter V of the Indian Evidence Act, 1872 deals with

  1. Oral Evidence

  2. Documentary Evidence

  3. Burden of Proof

  4. Witnesses


Correct Option: B
Explanation:

Chapter V of the Indian Evidence Act, 1872 deals with documentary evidence.

Which of the following is transferable property?

  1. Actionable claim

  2. Pension

  3. Right of way

  4. Chance of legacy


Correct Option: A
Explanation:

Actionable claim can be transferred. The transfer of an actionable claim whether with or without consideration shall be effected only by the execution of an instrument in writing signed by the transferor or his duly authorised agent.

Where mortgagee is entitled to enjoy the benefits of the mortgaged property in lieu of interest on debt, the mortgage is called

  1. Simple Mortgage

  2. Equitable Mortgage

  3. Usufructuary Mortgage

  4. English Mortgage


Correct Option: C
Explanation:

Where mortgagee is entitled to enjoy the benefits of the mortgaged property in lieu of interest on debt, the mortgage is called usufructuary mortgage.

Consideration for lease is

  1. license

  2. price

  3. debt

  4. premium


Correct Option: B
Explanation:

A lease of immovable property is a transfer of a right to enjoy such property made for a certain time, express or implied or in perpetuity, in consideration of a price paid or promised or of money, a share of crops, service or any other thing of value.

Section 62 of the Indian Evidence Act, 1872 deals with

  1. Primary Evidence

  2. Secondary Evidence

  3. Proof of Documents by Primary Evidence

  4. Cases in which Secondary Evidence relating to Documents may be given


Correct Option: A
Explanation:

Section 62 of the Indian Evidence act defines primary evidence as the document itself produced for the inspection of the Court. 

Which of the following duties is/are of the seller?

  1. To produce title deeds

  2. To disclose patent defects

  3. To execute conveyance

  4. All of the above


Correct Option: D
Explanation:

Under section 55 of the transfer of property act, duties of seller and buyer have been provided.The duty of seller includes to produce title deeds, to disclose patent defects and to execute conveyance.

Section 14 of the TP Act deals with

  1. Conditional Transfer

  2. Vested Interest

  3. Rule Against Perpetuity

  4. Restricted Covenant


Correct Option: C
Explanation:

Section 14 of the Transfer of property Act deals with rule against perpetuity.

A person who projects himself to be the owner when he is not is called

  1. ostensible owner

  2. co-owner

  3. equitable owner

  4. None of the above


Correct Option: A
Explanation:

Ostensible owner is not the real owner, but the real owner of the property permits him to hold himself out as a real owner. 

The period of limitation for filing of a suit on the basis of a promissory note from the date of its execution is

  1. 1 year

  2. 2 years

  3. 3 years

  4. 6 years


Correct Option: C
Explanation:

The period of limitation for filing of a suit on the basis of a promissory note from the date of its execution is three years.

What is the limitation period in a suit by a landlord to recover possession from a tenant after the date when the tenancy is determined?

  1. One year

  2. Three years

  3. Six years

  4. Twelve years


Correct Option: D
Explanation:

The limitation period is twelve years in a suit by a landlord to recover possession from a tenant after the date when the tenancy is determined.

Section 17 of the Limitation Act takes within its ambit

  1. concealments

  2. frauds

  3. mistakes

  4. All of the above


Correct Option: D
Explanation:

Section 17 of the Limitation Act takes within its ambit concealments, frauds and mistakes.

For a review of judgement by a Court other than the Supreme Court, from the date of the decree or order, the limitation is

  1. 1 year

  2. 3 years

  3. 30 days

  4. 12 years


Correct Option: C
Explanation:

For a review of judgement by a Court other than the Supreme Court, from the date of the decree or order, the limitation is thirty days. It is provided under article 124 of the Limitation Act.

‘Time requisite’ under Section 12(2) of the Limitation Act means

  1. absolutely necessary time

  2. actual time taken

  3. maximum time

  4. minimum time


Correct Option: B
Explanation:

‘Time requisite’ under Section 12(2) of the Limitation Act means actual time taken.

Which of the following amount(s) to presenting civil proceedings with ‘due diligence and in good faith’ within the meaning of Section 14 of the Limitation Act?

  1. Failure to pay the requisite court fee found deficient

  2. Error of judgement in valuing a suit

  3. Both (1) and (2)

  4. Neither (1) nor (2)


Correct Option: C
Explanation:

Article 14 (1) of the Limitation Act states that in computing the period of limitation for any suit, the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of the appeal or revision, against the defendant shall be excluded, where the proceeding relates to the same matter in issue and is prosecuted in good faith in a court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it. 

The period of limitation for setting aside a sale on execution of a decree is

  1. 30 days

  2. 60 days

  3. 90 days

  4. 180 days


Correct Option: A
Explanation:

The period of limitation for setting aside a sale on execution of a decree is thirty days. It is provided under article 127 of the Limitation Act.

Section 17 of the Limitation Act does not take within its ambit

  1. an appeal

  2. an execution application

  3. a suit

  4. All of the above


Correct Option: A
Explanation:

Section 17 of the Limitation Act only talks about suit and application. An application may be for execution of decree. It does not talk about an appeal.

The limitation period in a suit by a surety against a co-surety when the surety pays anything in excess of his own share is

  1. 1 year

  2. 3 years

  3. 6 years

  4. 12 years


Correct Option: B
Explanation:

The limitation period in a suit by a surety against a co-surety when the surety pays anything in excess of his own share is three years.

In computing the period of limitation for an appeal, a review or revision, the time requisite for obtaining a copy of the decree or the order appealed against shall be excluded under

  1. Section 11(1)

  2. Section 12(2)

  3. Section 13(3)

  4. Section 14(4)


Correct Option: B
Explanation:

In computing the period of limitation for an appeal, a review or revision, the time requisite for obtaining a copy of the decree or the order appealed against shall be excluded under section 12 (2) of the limitation act.

‘A’, who is governed by Indian Succession Act, executes an instrument purporting to his will, but he does not understand the nature of the instrument, nor the effect of its provision. This instrument is

  1. valid

  2. invalid

  3. voidable

  4. None of the above


Correct Option: B
Explanation:

Under section 59 of the Indian Succession Act, 1925, A executes an instrument purporting to be his will but he does not understand the nature of the instrument nor the effect of its provisions. This instrument is not a valid. It is an invalid will.

Presumption that the younger survived the elder under Section 21 of the Hindu Succession Act, 1956 is a

  1. presumption of fact

  2. presumption of fact and law

  3. rebuttable presumption of law

  4. irrebuttable presumption of law


Correct Option: C
Explanation:

Where two persons have died in circumstances rendering it uncertain whether either of them, and if so which, survived the other, then for all purposes affecting succession to property, it shall be presumed, until the contrary is proved, that the younger survived the elder. It is a rebuttable presumption of law because the words are used "shall presume". 

In which of the following cases did the Court, by going negatively with women’s right to property, disqualify the daughter-in-law's right to father-in-law's property on the ground that the son had murdered his own father?

  1. Vallikannu Vs R. Sengaperumal, A. I. R. 2005

  2. Narashimha Murthy Vs Sushilabai, A. I. R. 1996

  3. Gurupad Vs Heerabai,A. I. R. 1978

  4. Shyama Devi Vs Manju Shukia (1 994) 6 S.C. C.


Correct Option: A
Explanation:

In the case of Vallikannu Vs R. Sengaperumal, A. I. R. 2005, the Court by going negatively with women’s right to property, disqualified the daughter-in-law's right to father-in-law's property on the ground that the son had murdered his own father.

Which section of the Indian Succession Act, 1925 treats agnates arid cognates and male and female heirs equally?

  1. Section 27(a)

  2. Section 27(b)

  3. Section 33-A

  4. Section 26


Correct Option: A
Explanation:

For the purpose of succession, there is no distinction between those who are related to a person deceased through his father and those who are related to him through his mother.

In which section of the Indian Succession Act, 1925 is it provided that where a bequest is made to a person by a particular description, and there is no person in existence at the testator’s death who answers the description, the bequest is void?

  1. Section 111

  2. Section 112

  3. Section 114

  4. Section 116


Correct Option: B
Explanation:

Under Section 112 of the Indian Succession Act, 1925, it is provided that where a bequest is made to a person by a particular description, and there is no person in existence at the testator’s death who answers the description, the bequest is void.

Schedule V of the Indian Succession Act, 1925 deals with

  1. Form of Certificate

  2. Form of Caveat

  3. Form of Probate

  4. Form of Letters of Administration


Correct Option: B
Explanation:

Schedule V of the Indian Succession Act, 1925 deals with form of caveat.

Section 14 of the Hindu Succession Act, 1956 applies to

  1. movable property

  2. immovable property

  3. movable and immovable property

  4. None of the above


Correct Option: C
Explanation:

Section 14 of the Hindu succession act provides for property of a female Hindu to be her absolute property. Property here means any property whether movable or immovable. 

A suit for possession under Section 5 of the Specific Relief Act can be filed within

  1. 3 years

  2. 6 years

  3. 9 years

  4. 12 years


Correct Option: D
Explanation:

 A suit for possession under Section 5 of the Specific Relief Act can be filed within 12 years. It is provided under article 65 of the Limitation Act.

‘A’, by his will, bequeaths to ‘B’ the sum of Rs. 5,000 and afterwards in the same will repeats the bequest in the same words. ‘B’ is entitled to

  1. one legacy of Rs. 5,000

  2. both legacies of Rs. 5,000

  3. Legacy becomes invalid

  4. None of the above


Correct Option: A
Explanation:

If the same specific thing is bequeathed twice to the same legatee in the same will or in the will and again in the codicil, he is entitled to receive that specific thing only. B is entitled to one legacy of 5,000 rupees only.

Section 26 of the Specific Relief Act fixes the time limit for discovery of mistake or fraud to be

  1. 6 months

  2. 3 months

  3. 1 year

  4. None of the above


Correct Option: D
Explanation:

No such time limit has been fixed.

Under the Specific Relief Act, a suit for recovery of possession can be filed

  1. only in respect to movable property

  2. only in respect to immovable property

  3. Both (1) and (2)

  4. None of the above


Correct Option: C
Explanation:

Under the Specific Relief Act, a suit for recovery of possession can be filed in respect of both movable and immovable property.

A claim for damages in suit for injunction can be laid down

  1. under Section 38 of the Specific Relief Act

  2. under Section 39 of the Specific Relief Act

  3. under Section 40 of the Specific Relief Act

  4. under Section 37 of the Specific Relief Act


Correct Option: C
Explanation:

A claim for damages in suit for injunction can be laid down under Section 40 of the Specific Relief Act.

Obligation under Specific Relief Act

  1. is a right in rem

  2. is a right in personam

  3. Both (1) and (2)

  4. None of the above


Correct Option: B
Explanation:

Specific relief can be granted only for the purpose of enforcing individual civil rights and not for the mere purpose of enforcing a penal law. So, obligation under specific relief act is right in personam.

Section 11 of the Specific Relief Act, 1930 provides for

  1. specific performance of a part of the contract

  2. defence respecting suits for relief based on contract

  3. specific performance of contracts connected with trusts

  4. circumstances in which specific performance of a contract is enforceable


Correct Option: C
Explanation:

Section 11 of the Specific Relief Act, 1930 provides for cases in which specific performance of contracts connected with trusts is enforceable.

Under the Specific Relief Act, the declaratory decree can

  1. be declined

  2. not be declined

  3. be commuted

  4. be withheld


Correct Option: A
Explanation:

Section 34 of specific relief act states discretion of court as to declaration of status or right. So, declaration always lies in the discretion of the court. Thats why it can be declined.

Section 8 of the Specific Relief Act can be invoked

  1. against a person who has possession or control over the property

  2. against the person who is the owner of the article claimed

  3. by the person not entitled to the possession of the article

  4. in respect of the ordinary article


Correct Option: A
Explanation:

Section 8 of the specific relief act states that 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 a suit under Section 6 of the Specific Relief Act, the Court can

  1. adjudicate on the title

  2. direct the defendant(s) to remove the structure

  3. permit the plaintiff to pull down the structure

  4. None of the above


Correct Option: D
Explanation:

 In a suit under section 6 of the Specific Relief Act, the Court canot adjudicate on title. It adjudicates on the possession. The court does not direct defendant to remove the structure or to plaintiff to pull down the structure.

Under Section 12(2) of the Specific Relief Act, 1963, part performance of a contract can be enforced by

  1. promisor

  2. promisee

  3. Both (1) and (2)

  4. None of the above


Correct Option: C
Explanation:

Under section 12(2) of the specific relief act where a party to a contract is unable to perform the whole of his part of it but the part which must be left unperformed by only a small proportion to the whole in value and admits of compensation in money, the court may at the suit of either party, direct the specific performance of so much of the contract as can be performed and award compensation in money for the deficiency.

The term ‘donatio mortis causa’ refers to

  1. deathbed gift

  2. actionable claims

  3. universal donee

  4. None of the above


Correct Option: A
Explanation:

The term ‘donatio mortis causa’ refers to a death-bed gift made by a dying person or othwerwise in contemplation of death and conditional thereon with the intent that the person receiving the gift shall have the thing if death ensues.

Right of redemption arises in the case of

  1. gifts

  2. mortgage

  3. lease

  4. exchange


Correct Option: B
Explanation:

Right of redemption is the right which every mortgagor possesses, which is created by virtue of the mortgage deed.

Which of the following is a doctrine of equity?

  1. Doctrine of redemption

  2. Doctrine of consolidation

  3. Doctrine of lis pendens

  4. Doctrine of marshalling


Correct Option: A
Explanation:

Doctrine of redemption is based on a rule of justice, equity and good conscience.

Which of the following deals with the doctrine of election?

  1. Section 45

  2. Section 15

  3. Section 53-A

  4. Section 35


Correct Option: D
Explanation:

Section 35 of the transfer of property act deals with doctrine of election.

To convert a proposal into a promise, the acceptance must be

  1. absolute and qualified

  2. absolute and unqualified

  3. unusual and reasonable

  4. usual and qualified


Correct Option: B
Explanation:

In order to convert a proposal into a promise, the acceptance must be absolute and unqualified.

Contracts of adhesion are

  1. unfair contracts

  2. unlawful contracts

  3. contracts of adults

  4. standard form contracts


Correct Option: D
Explanation:

Contract of adhesion is a standard form contract drafted by one party and signed by the weaker party who must adhere to the contract and therefore, does not have the power to negotiate or modify the terms of the contract.

A agrees with B to discover treasure by magic. The agreement is

  1. void

  2. voidable

  3. illegal

  4. unnatural


Correct Option: A
Explanation:

 An agreement to do an act impossible in itself is void. A agrees with B to discover treasure by magic. The agreement is void.

A contract of guarantee may be

  1. oral

  2. written

  3. oral or written

  4. None of the above


Correct Option: C
Explanation:

A contract of guarantee may be oral or written. It may even be inferred from the course of conduct of the parties concerned.

If goods are bailed for hire, the bailor is responsible for damages for the faults in the bailed goods, which

  1. he is aware of

  2. he is not aware of

  3. he is aware and unaware of

  4. he is reasonably aware of


Correct Option: C
Explanation:

Under section 150 of the contract act, if such goods are bailed for hire, the bailor is responsible for such damage whether he was or was not aware of the existence of such faults in the goods bailed. 

If the promisor absolutely repudiates the contract prior to the promised date of performance, it is

  1. frustration

  2. impossibility of performance

  3. final breach

  4. anticipatory breach


Correct Option: D
Explanation:

If the promisor prior to the due date of performance absolutely refuses or disables himself from the performance of obligations, it is anticipatory breach of contract.

If a person is employed by and acting under the control of the original agent in the business of agency, he is known as

  1. sub-agent

  2. substituted agent

  3. del-credere agent

  4. merchantile agent


Correct Option: A
Explanation:

If a person is employed by and acting under the control of the original agent in the business of agency, he is known as sub-agent.

A contracts to pay B Rs. 20,000 if B’s house is burnt. It is a

  1. wagering contract

  2. quasi contract

  3. contingent contract

  4. illegal contract


Correct Option: C
Explanation:

A "contingent contract" is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen. A contracts to pay B Rs.10,000 if B's house is burnt. This is a contingent contract.

To create an agency,

  1. consideration is necessary

  2. consideration is not necessary

  3. some consideration is necessary

  4. adequate consideration is necessary


Correct Option: B
Explanation:

The general rule of law is "no consideration, no contract", i.e. in the absence of consideration, there will be no contract. However, the law recognises the following exceptions to the rule of consideration. Under Section 185 of the contract act, no consideration is necessary to create an agency.

Every agreement, of which the object or consideration is unlawful, is

  1. void

  2. voidable

  3. illegal

  4. unfair


Correct Option: A
Explanation:

Every agreement of which the object or consideration is unlawful is void.

Heir’ has been defined under

  1. Section 3(d) of the Hindu Succession Act

  2. Section 3(e) of the Hindu Succession Act

  3. Section 3(f) of the Hindu Succession Act

  4. Section 3(g) of the Hindu Succession Act


Correct Option: C
Explanation:

'Heir' has been defined under section 3(f) of the Hindu Succession Act, 1956, as any person, male or female, who is entitled to succeed to the property of an intestate under this act.

Hindu Succession Amendment Act 2005 came into effect on

  1. 9th June, 2005

  2. 9th August, 2005

  3. 9th July, 2005

  4. 9th September, 2005


Correct Option: D
Explanation:

On 9 September 2005, the Hindu Succession (Amendment Act), 2005 (Amendment Act) came into effect and daughters in a joint Hindu family, governed by Mitakshara law, were granted statutory right in the coparcenary property of their fathers.

- Hide questions