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Bare Act Test - 1

Description: Bare Act
Number of Questions: 15
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Tags: Bare Act Bare Acts
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Which one of the following is not a condition precedent to the release of an offender of probation under Section 4, Probation of Offenders Act, 1958?

  1. Circumstances of the case

  2. Nature of the offender

  3. Character of the offender

  4. Amount of damage caused by the offender


Correct Option: B
Explanation:

The nature of offence may matter, but not the nature of offender. The amount of damage, character of offender and circumstances of case are the basics for release order.

Any person aggrieved by the order made by the competent authority under the juvenile justice (Care and protection of Children) Act, 2000 can appeal to

  1. The Sessions Court

  2. The High Court

  3. Home Ministers

  4. Chief Judicial Magistrates


Correct Option: A
Explanation:

The appeal can be made to Session court. Thus option (1) is correct. The appeal can’t be made directly to High or Supreme court. The Home minister is not authorised to entertain the appeal directly.

The establishment of a Sessions Court as a special court to try offences under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act 1989 requires concurrence of

  1. State government

  2. Chief Justice of the concerned High Court

  3. District Judge of the concerned area

  4. Advocate General of the State


Correct Option: B
Explanation:

For the purpose of providing for speedy trial, the State Government shall, with the concurrence of the Chief Justice of the High Court, by notification in the Official Gazette, specify for each district a Court of Session to be a Special Court to try the offences under this Act. 

Provisions of Section 3 of the Limitation Act, 1963 are

  1. mandatory

  2. directory

  3. discretionary

  4. optional


Correct Option: A
Explanation:

These are mandatory provisions under Section 3. 

Who has the power to make rules to regulate the transit of all timber and other forest produce under the Indian Forest Act?

  1. Central Government

  2. Collector

  3. State Government

  4. Forest Settlement Officer


Correct Option: C
Explanation:

According to Section 41 of the Act, the State Government has the power to make rule to regulate such traffic. The Centre Government has the powers to make rules across the custom frontiers. The forest settlement officer has to implement and administrate such rules. The collector is responsible for collection of revenue.

Offence under Chapter IV of the Narcotic Drugs and Psychotropic Substances Act. 1985 are cognisable

  1. but bailable

  2. and compoundable

  3. and non-bailable

  4. none of these


Correct Option: C
Explanation:

Generally these offences are cognisable as well as non-bailable. The bail can be granted only if the public prosecutor has been given the opportunity to oppose such bail and the court is satisfied that the person is not likely to commit any offence while on bail. The offences are non-compoundable and bailable otherwise.

The Limitation Act brought into force in

  1. 1964

  2. 1963

  3. 1965

  4. 1967


Correct Option: B
Explanation:

The Limitation Act was passed in 1963. Thus (B) is the correct option. The Food Corporation Act was passed in 1964. The Payment of Bonus Act was passed in 1965. The Passport Act was passed in 1967.

Any person contravening any rule under the Indian Forest Act, 1927 for the contravention of which, no special penalty is provided shall be punishable with

  1. imprisonment for a term which may extend up to six months or with fine which may extend up to five hundred rupees or both

  2. imprisonment for a term which may extend up to one month or fine which may extend up to five hundred rupees or both

  3. imprisonment for a term which may extend up to three months or a fine which may extend up to five hundred rupees or both

  4. imprisonment for a term which may extend up to two years or a fine which may extend up to five hundred rupees or both


Correct Option: B
Explanation:

The person may be sentenced imprisonment, which may extend to one month of a fine of Rs. 500 or both. The imprisonment can’t be extended to three months, six months or two years. Thus other options are incorrect.

Bar of Limitation Act applies to

  1. appeal

  2. suit

  3. application

  4. all of the above


Correct Option: D
Explanation:

Option (4) is correct as Bar of Limitations Act applies to appeal, suit and applications.

In computing, the period of limitation for an appeal is

  1. the day on which judgement pronounced shall be included

  2. the day on which judgement pronounced shall be excluded

  3. the day on which judgement pronounced and the time requisite for obtaining copy of the decree shall be excluded

  4. the time taken for preparing the decree be included


Correct Option: C
Explanation:

Option (3) is correct as the computation is made from the day on which judgment was pronounced and the time requisite for obtaining copy of the decree shall be excluded. The day of judgment will not be included.

Delay in filing the suit

  1. cannot be condoned

  2. can be condoned under Section 3 of the Limitation Act, 1963

  3. can be condoned under Order VII, Rule 6 of the Code of Civil Procedure, 1908

  4. can be condoned under Section 5 of the Limitation Act, 1963


Correct Option: C
Explanation:

As per Section 5, the delay can be condoned if there is sufficient reason such as illness, hospitalisation, etc. for delay in appeal. However, this section is applicable for appeals only. Thus (4) is incorrect. It is also incorrect under Section 3. Only (3) is the correct answer.

Under Section 25 of the Limitation Act, 1963 the easement rights over the property belonging to the court are acquired by continuous and uninterrupted user for

  1. 12 years

  2. 20 years

  3. 30 years

  4. 60 years


Correct Option: C
Explanation:

The period applicable for the government is 30 years. Thus (3) is the correct option. This period is 20 years if such property does not belong to government.

The Fraud contemplated by Section 17 of the Limitation Act, 1963 is that of

  1. the plaintiff

  2. the defendant

  3. a third person

  4. both (1) and (3)


Correct Option: B
Explanation:

Option (2) is correct as Section 17 is concerned with fraud of the defendant. It is not concerned with plaintiff or third party. It can’t be applicable to both plaintiff and defendant.

Period during which proceedings stand stayed by an injunction or order is excluded

  1. under Section 14 of the Limitation Act, 1963

  2. under Section 15 of the Limitation Act, 1963

  3. under Section 16 of the Limitation Act, 1963

  4. under Section 13 of the Limitation Act, 1963


Correct Option: B
Explanation:

Section 15(1) states that in computing the period of limitation, the time of continuance of the injunction or order, the day on which the injunction was issued and the day on which it was withdrawn, shall be excluded.

Under Section 19 of the Limitation Act, 1963, the part payment extends the period of limitation

  1. from the date of expiry of initial period of limitation

  2. from the date of the waiting evidencing payment

  3. from the date of extended period of limitation

  4. from the date of payment


Correct Option: D
Explanation:

A fresh period of limitation shall be computed from the time when payment was made.

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