Laws Forum – Mastering Law, Simplifying the Process

1. The provision under CPC that relates to suit by indigent persons—

Options:

(A) Order 32

(B) Order 34

(D) Order 33

Ans. – (D)

Explanation:

Order 33 deals with suits by indigent persons. The Code does not deal with the subject of legal aid, but provides for exemption from Court fees, in respect of persons who are indigent, called by the inappropriate name of ‘paupers’.

2. Section 5 of the Limitation Act, 1963 enables the court to condone delay in filing …….on sufficient satisfaction of sufficient cause

Options:

(A) appeal or application

(B) appeal, suit and application

(D) appeal, petition, suit and counter-petition

Ans. – (A)

Explanation:

Section 5 of the Limitation Act, 1963 allows courts to condone delay in filing appeals and applications if the applicant or appellant can show a sufficient cause for the delay. The provision is primarily intended for appeals and applications, and not suits.

3. Limitation period prescribed in filing a suit by a mortgagor to recover possession of immovable property mortgaged

Options:

(A) 20 years

(B) 12 years

(D) 30 years

Ans. – (B)

Explanation:

The limitation period for a mortgagor to recover possession of an immovable property mortgaged is 12 years. This period begins from the date when the money becomes due.

4. Which are the provisions under Indian Evidence Act, 1872 that deals with relevancy of opinion of experts?

Options:

(A) Sections 49 & 50

(B) Sections 23 & 24

(D) Sections 81 & 82

Ans. – (C)

Explanation:

The Indian Evidence Act, 1872 has several provisions that deal with the relevancy of expert opinions, including: Section 45 (allows the opinion of an expert to be considered as evidence), Section 46 (states that facts that support or contradict an expert’s opinion are relevant, even if they are not otherwise relevant), Section 47 (deals with the opinion of experts on handwriting), and Section 47A (deals with the opinion of experts on digital signatures).

5. Who decides as to which of the several modes he/she will execute the decree:

Options:

(A) Plaintiff

(B) Court

(D) Decree-holder

Ans. – (D)

Explanation:

It is for the decree-holder to decide in which of the several modes he will execute his decree. An application for execution of the decree can either be oral or written. The court may execute decree as per the mode of implementation prayed by the decree-holder or as the court deems fit.

6. Where a party to a suit requires information as to facts from the opposite party, he may administer to his adversary a series of questions. It is called as—

Options:

(A) Question Petition

(B) Question pamphlet

(D) Discovery

Ans. – (C)

Explanation:

Where information as to facts is required, the party is allowed to put a series of questions to his adversary. These questions are called interrogatories. The judge will go through the proposed questions and, if he considers them proper, will compel the other side to answer them on oath before trial.

7. …………..is a suit filed by or against one or more persons on behalf of themselves and others having the same interest in the suit.

Options:

(A) Joint suit

(B) Representative suit

(D) Collective suit

Ans. – (B)

Explanation:

A representative suit is a suit filed on behalf of multiple people who have the same interest or grievance. The purpose of a representative suit is to facilitate the resolution of questions that affect a large number of people without having to resort to the usual procedures.

8. A person appointed by the court to protect, preserve and manage the property during the pendency of the litigation:

Options:

(A) Amicus curiae

(B) Preserver

(D) Receiver

Ans. – (D)

Explanation:

A person appointed by the court to protect, preserve, and manage property during litigation is called a receiver. A receiver is a neutral fiduciary who acts on behalf of the court to ensure that the property is maintained and its value is preserved until the court reaches a final decision.

9. Obstructing Public Servant in discharge of his public functions is a

Options:

(A) non-bailable offence

(B) bailable offence

(D) none of the above

Ans. – (B)

Explanation:

According to the Indian Penal Code (IPC), section 186, obstructing a public servant in the discharge of their public functions is an offence that can be punished with: Up to three months in prison, Up to five hundred rupees in fine, or Both imprisonment and fine.

10. Compensation to victims of Crime under Criminal Law relates to

Options:

(A) Section 336

(B) Section 331

(D) Section 357-A

Ans. – (D)

Explanation:

Section 357-A of the CrPC establishes a scheme for providing compensation to victims of crime, their dependents, and those who have suffered loss or injury as a result of crime. The District Legal Service Authority (DLSA) determines the amount of compensation to award based on the victim’s loss, medical expenses, and other factors.

11. What persons may be charged jointly and tried together under section 223 of Cr.P.C.

Options:

(A) persons accused of the same offence committed in the course of the same transaction

(B) person accused of an offence and persons accused of abetment of or attempt to commit such offence

(D) all the above

Ans. – (D)

Explanation:

According to Section 223 of the Code of Criminal Procedure, 1973, the following people can be charged and tried together: People accused of the same crime committed during the same transaction, People accused of a crime and those accused of abetting or attempting to commit the crime, People accused of multiple offences of the same type committed jointly within a 12-month period, People accused of different crimes committed during the same transaction, and People accused of crimes like theft, extortion, cheating, or criminal misappropriation.

12. The principal regulator envisaged under the Trade Unions Act, 1926—

Options:

(A) Regulator of trade unions

(B) Inspector of trade unions

(D) Industrial relations committee

Ans. – (C)

Explanation:

The Trade Unions Act of 1926 in India provides for the appointment of a Registrar of Trade Unions for each State. The Registrar is responsible for exercising and discharging the powers and functions of the Registrar under the Act.

13. A teacher is not a workman falling under the category of Workman under Industrial Disputes Act, 1947. This was upheld in which case

Options:

(A) Miss A. Sundarambal v. Government of Goa, Daman and Diu

(B) Ahmedabad Pvt. Primary Teachers Association v. Administrative Officer

(D) Secretary, Madras Gymkhana Club Employees’ Union v. Management of the Gymkhana

Ans. – (C)

Explanation:

The case of University of Delhi v. Ram Nath (AIR 1963 (SC) 1873) upheld the idea that teachers are not considered workmen under the Industrial Disputes Act, 1947. The court ruled that teachers are not workmen because they don’t perform manual or technical work, which is a requirement to be considered a workman under the Act.

14. A contract made by a trustee in excess of his powers or in breach of trust cannot be specifically enforced as per—

Options:

(A) Section 12, Specific Relief Act, 1963

(B) Section 11(2), Specific Relief Act, 1963

(D) Section 13, Specific Relief Act, 1963

Ans. – (B)

Explanation:

Section 11(2) of the Specific Relief Act, 1963 states that a contract made by a trustee in excess of their powers or in breach of trust cannot be specifically enforced.

15. Under section 41 of the Specific Relief Act, 1963, an injunction cannot be granted—

Options:

(A) to restrain in any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought

(B) to restrain any person from applying to any legislative body

(D) all of the above

Ans. – (D)

Explanation:

According to the Specific Relief Act of 1963, an injunction cannot be granted in the following circumstances: To prevent someone from starting or continuing a criminal proceeding, To stop a breach of contract that cannot be specifically enforced, To prevent a nuisance that is not clearly a nuisance, To stop a continuing breach that the plaintiff has allowed, and To stop someone from starting or continuing a proceeding in a court that is not subordinate to the court seeking the injunction.

16. 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. Which provision brings in such prohibition?

Options:

(A) Section 4, Specific Relief Act, 1963

(B) Section 5, Specific Relief Act, 1963

(D) Section 10, Specific Relief Act, 1963

Ans. – (A)

Explanation:

The Specific Relief Act of 1963, Section 4 prohibits the grant of specific relief for the purpose of enforcing penal law. This means that specific relief can only be granted for the purpose of enforcing individual civil rights. For example, an injunction cannot be granted to prevent someone from committing a theft or murder.

17. It was held by the Supreme Court of India that Preamble was not a part of the Constitution in the case of ……. and this has been overruled in the case of…….

Options:

(A) In re Berubari Union; Keshavananda Bharati v. State of Kerala

(B) A.K. Gopalan v. State of Madras; Maneka Gandhi v. Union of India

(D) I.C. Golaknath v. State of Punjab; Shankar Prasad v. Union of India

Ans. – (A)

Explanation:

The Supreme Court ruled in the Berubari case that the Preamble cannot ever be acknowledged as a source of significant authority since it is not a part of the Constitution.

18. Justice Ramanandan Committee relates to—

Options:

(A) Union-State relations

(B) Creamy layer

(D) Elections

Ans. – (B)

Explanation:

The Ram Nandan Committee was established by the Government in 1993 to identify the ‘creamy layer’ among the Other Backward Classes (OBCs). The committee’s recommendations were accepted by the Government, and the Department of Personnel and Training issued an order in 1993 to exclude certain people from OBC reservations.

19. Original Jurisdiction of the Supreme Court is dealt with under—

Options:

(A) Article 226

(B) Article 130

(D) Article 124

Ans. – (C)

Explanation:

The original jurisdiction of the Supreme Court of India is covered under Article 131 of the Constitution of India. This jurisdiction allows the Supreme Court to settle disputes between different units of the Indian Federation, including: Disputes between the Indian Government and one or more States, Disputes between the Indian Government and one or more States on one side, and one or more States on the other side, and Disputes between two or more States.

20. Laws declared by the Supreme Court shall be binding on all courts mentioned under.

Options:

(A) Article 142

(B) Article 143

(D) Article 141

Ans. – (D)

Explanation:

Article 141 of the Constitution of India states that laws declared by the Supreme Court are binding on all courts in India, including High Courts and lower courts. This is to ensure that laws are interpreted and applied consistently across the country.

21. According to the theory of ‘social utilitarianism’ as propounded by Ihering—

Options:

(A) greatest number of people should get greatest pleasure

(B) the essential body of legal rules is always based upon the social ‘facts’ of law

(D) law is a means to social ends

Ans. – (D)

Explanation:

According to Rudolph von Ihering’s theory of ‘social utilitarianism’, law is a means to achieve social ends, and the balance of competing interests in society is important.

22. ‘Equal pay for Equal work’ can be enforced through—

Options:

(A) Article 39

(B) Articles 14 and 16

(D) Article 309

Ans. – (B)

Explanation:

The concept and principles of ‘equal pay for equal work’ was held to be deducible from Articles 14 and 16 and 39(d) read in the light of the preamble of the Constitution. It was stated to be a constitutional goal though not expressly declared by the Constitution to be a fundamental right.

23. The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws-mentioned under:

Options:

(A) Article 352

(B) Article 256

(D) Article 301

Ans. – (B)

Explanation:

Article 256 of Indian Constitution: The executive power of every State shall be so exercised as to ensure compliance with the laws made by Parliament and any existing laws which apply in that State, and the executive power of the Union shall extend to the giving of such directions to a State as may appear to the Government of India to be necessary for that purpose.

24. “Mubara” at’ under Muslim law refers to

Options:

(A) Divorce at the instance of wife

(B) Cruelty

(D) Dissolution of marriage with mutual consent

Ans. – (D)

Explanation:

Mubarat is a type of divorce in Muslim law that occurs when both the husband and wife mutually agree to dissolve their marriage. It is also known as ‘khula’.

25. The discriminatory aspects of section 10 of Indian Divorce Act (now Divorce Act) was removed by substituting new section by the

Options:

(A) Indian Divorce (Amendment) Act of 2001

(B) Divorce (Amendment) Act of 2002

(D) Indian Divorce (Amendment) Act of 2012

Ans. – (A)

Explanation:

The discriminatory aspects of section 10 of the Indian Divorce Act, 1869 were removed by the Indian Divorce (Amendment) Act, 2001. The amendment came into effect on October 3, 2001. The Full Bench in the Youth Welfare Federation case ruled that section 10 was discriminatory and could not survive the test of equality between men and women as envisaged in the Constitution of India.

26. Amalgamation of Companies in National Interest is dealt with under—

Options:

(A) Section 388 of the Companies Act, 1956

(B) Section 378 of the Companies Act, 1956

(D) Section 390 of the Companies Act, 1956

Ans. – (C)

Explanation:

In India, the Companies Act of 1956, Section 396 deals with the amalgamation of companies in the national interest. This section gives the Central Government the power to order the amalgamation of two or more companies if it is in the public interest.

27. Under section 171 of the Companies Act, 1956, a general meeting of a company may be called by giving a notice in writing for not less than—

Options:

(A) 21 days

(B) 30 days

(D) 14 days

Ans. – (A)

Explanation:

Length of notice for calling meeting: A general meeting of a company may be called by giving not less than twenty-one days’ notice in writing.

28. A private limited company limits the number of members to

Options:

(A) 30

(B) 50

(D) 150

Ans. – (No answer)

Explanation:

The Act provides that a private limited company must have a minimum of two members, while the maximum members’ limit is 200.

29. Consumer Protection Act was brought into operation in the year

Options:

(A) 1987

(B) 1986

(D) 1984

Ans. – (B)

Explanation:

The Consumer Protection Act, 1986 was brought into operation in India after the President gave his assent on December 24, 1986. The Act was passed by both Houses of Parliament and came into the Statutes Book as Act 68 of 1986.

30. Under Consumer Protection Act, 1986 the jurisdiction of the District Forum should not exceed rupees

Options:

(A) Fifty Thousands

(B) One Lakh

(D) Twenty Lakhs

Ans. – (D)

Explanation:

The Consumer Protection Act of 1986 states that the District Forum’s jurisdiction is limited to complaints where the value of the goods or services and the compensation claimed does not exceed rupees twenty lakhs.

31. The Second principle of Rule of Law (of A.V. Dicey) relates to

Options:

(A) Equal protection of the laws

(B) Equality before law

(D) Administrative Courts

Ans. – (B)

Explanation:

The second principle of the rule of law, according to A.V. Dicey, is equality before the law. This principle states that all people, regardless of their status or rank, are subject to the same laws and the same courts. This means that no one is above the law, and that no one can be treated differently because of their wealth, position, or other factors.

32. A seven-member Bench of the Supreme Court unanimously struck down clause 2(d) of Article 323A and clause 3(d) of Article 323B of the Constitution relating to Tribunals which excluded the jurisdiction of High Court and Supreme Court. The court held that power of judicial review over legislative action is vested in the High Court under Article 226 and in the Supreme Court under Article 32. This is an integral part of the basic structure of the Constitution. Name the case—

Options:

(A) L Chandra Kumar v. Union of India

(B) Kihota Hollohon v. Zachilhu

(D) Rajendra Singh Rana v. Swami Prasad Maurya

Ans. – (A)

Explanation:

The 1997 case L. Chandra Kumar v. Union of India established the following principles: Tribunals are not substitutes for High Courts, Tribunals are additional institutions that assist High Courts in their responsibilities, High Courts oversee Tribunals, High Courts continue to oversee Tribunals, which are not separate from them, Tribunals can hear matters questioning statutory provisions, and Tribunals can test the validity of subordinate legislations and rules, but not the parent statute.

33. The contents of documents may be proved either by—

Options:

(A) Primary evidence or by secondary evidence

(B) Direct evidence or circumstantial evidence

(D) Primary evidence or direct evidence

Ans. – (A)

Explanation:

According to the Indian Evidence Act, 1872, the contents of documents can be proved by either primary or secondary evidence. Primary evidence: The document itself is produced for the court to inspect. Secondary evidence: Evidence can be given about the existence, condition, or contents of a document.

34. Oral accounts of the contents of a document given by some person who has himself, if seen, it is—

Options:

(A) Direct evidence

(B) Best evidence

(D) Secondary evidence

Ans. – (D)

Explanation:

Secondary evidence is a type of proof that can be used to establish the contents of a document when the original document is unavailable. Secondary evidence can include: Certified copies, Copies made by mechanical processes that ensure accuracy, Copies compared with the original, Counterparts of documents, and Oral accounts of the document’s contents given by someone who has seen it.

35. “The DNA test cannot rebut the conclusive presumption envisaged under section 12 of the Indian Evidence Act, 1872. The parties can avoid the rigor of such conclusive presumption only by proving non-access which is a negative proof.” It was so held in which case—

Options:

(A) Shaik Fakruddin v. Shaik Mohammed Hasan, AIR 2006 (AP) 48

(B) Siddaramesh v. State of Karnataka, (2010) 3 SCC 152

(D) Somvanti v. State of Punjab, AIR 1963 (SC) 151

Ans. – (A)

Explanation:

The Court has the power to order a person to undergo a medical test and such an order of the Court will not be in violation of the Right to Personal Liberty under Art. 21.

36. The statements of dead persons are relevant under which provision

Options:

(A) Section 48, Indian Evidence Act, 1872

(B) Section 49, Indian Evidence Act, 1872

(D) Section 13(a), Indian Evidence Act, 1872

Ans. – (C)

Explanation:

Section 32(4) covers statements made by dead people that are opinions as to public right or custom, or matters of general interest. The statement must have been made before the dispute arose.

37. “Witnesses are the eyes and ears of Justice”. Whose statement is this

Options:

(A) Lord Atkin

(B) Bentham

(D) Phipson

Ans. – (B)

Explanation:

Jeremy Bentham has said that ‘Witnesses are the eyes and ears of justice.’ In cases involving heinous crimes, witnesses turn hostile because of threat to life and property. Witnesses feel that there is no statutory legal-obligation on the part of the State to extend any protection to them.

38. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. and doing acts prejudicial to maintenance of harmony is an offence under which provision of Indian Penal Code, 1860

Options:

(A) Section 120A

(B) Section 120B

(D) Section 226

Ans. – (C)

Explanation:

Section 153A of the Indian Penal Code (IPC) deals with the promotion of enmity between different groups. It punishes acts that promote enmity, hatred, or ill-will between groups based on religion, race, language, place of birth, residence, or caste. These acts can be carried out through words, signs, visible representations, or other means.

39. The gist of this offence is meeting of minds

Options:

(A) Section 120A, IPC

(B) Section 133, IPC

(D) Section 340, IPC

Ans. – (A)

Explanation:

The gist of the offence of criminal conspiracy is the meeting of minds between two or more people to commit an illegal act or a legal act by illegal means. This is defined in Section 120A of the Indian Penal Code (IPC).

40. A places men with firearms at the outlets of a building and tells B that they will fire at B if B attempts to leave the building. What is the offence committed by A as against B

Options:

(A) Wrongful restraint

(B) Wrongful confinement

(D) None of the above

Ans. – (B)

Explanation:

Wrongful confinement. Whoever wrongfully restrains any person in such a manner as to prevent that person from proceedings beyond certain circumscribing limits, is said ‘wrongfully to confine’ that person.

41. Adulteration of food or drink intended for sale is punishable under

Options:

(A) Section 227, IPC

(B) Section 272, IPC

(D) Section 273, IPC

Ans. – (B)

Explanation:

Adulteration of food or drink intended for sale is punishable under Section 272 of the Indian Penal Code (IPC). This section states that anyone who adulterates food or drink, with the intent to sell it or knowing it will likely be sold, can be punished with: Up to six months in prison, A fine of up to one thousand rupees, or Both imprisonment and a fine.

42. Voluntarily causing grievous hurt to deter public servant from his duty is

Options:

(A) Cognizable & non-bailable offence

(B) Non-cognizable & bailable offence

(D) None of the above

Ans. – (A)

Explanation:

According to Section 333 of the Indian Penal Code (IPC), voluntarily causing grievous hurt to deter a public servant from their duty is punishable with imprisonment for up to ten years and a fine. This offence is cognizable and non-bailable.

43. A obtains property from Z by saying – “Your child is in the hands of my gang and will be put to death unless you send us Rs. 10,000”. This offence is

Options:

(A) Robbery

(B) Extortion

(D) None of the above

Ans. – (B)

Explanation:

Extortion can involve movable or immovable property, while theft can only involve movable property. In extortion, the property is obtained by putting someone in fear of injury to themselves or someone else. In theft, there is no element of force.

44. Which provision under Criminal Procedure Code, 1973 deals with the procedure to be adopted by the Magistrate, to record confessions and statements?

Options:

(A) Section 164

(B) Section 162

(D) Section 164A

Ans. – (A)

Explanation:

Section 164 of the Code of Criminal Procedure, 1973 deals with the procedure for recording confessions and statements by a Magistrate. This section applies to any Metropolitan Magistrate or Judicial Magistrate, regardless of whether they have jurisdiction in the case.

45. Any police officer may without an order from a Magistrate and without a warrant, arrest any person who obstructs a police officer while in the execution of his duty or who has escaped, or attempts to escape, from lawful custody, under which section—

Options:

(A) Section 41(1)(a)

(B) Section 41(1)(c)

(D) Section 41(1)(d)

Ans. – (C)

Explanation:

Section 41(1)(e) of the Code of Criminal Procedure (CrPC) of India allows the police to arrest a person who obstructs a police officer while the officer is on duty or who has escaped or attempted to escape from custody.

46. The Plea Bargaining is applicable only in respect of those offences for which punishment of imprisonment is upto a period of

Options:

(A) 7 years

(B) 2 years

(D) 5 years

Ans. – (A)

Explanation:

Plea bargaining is applicable for offences where the maximum sentence of imprisonment is less than seven years. It is not applicable for offences that are punishable with death or life imprisonment.

47. Which provision under the Code of Criminal Procedure provides the indication as to the rule against double jeopardy?

Options:

(A) Section 300

(B) Section 305

(D) Section 311

Ans. – (A)

Explanation:

Section 300 of the Code of Criminal Procedure (CrPC) of 1973 protects individuals from being tried for the same offence more than once. This section applies to both those who have been acquitted and those who have been convicted of an offence.

48. “If an accused is charged of a major offence but is not found guilty thereunder, he can be convicted of minor offence, if the facts established indicate that such minor offence has been committed.” It was so upheld in which case:

Options:

(A) Sangarabonia Sreenu v. State of Andhra Pradesh

(B) State of Himachal Pradesh v. Tara Dutta

(D) Nalini v. State of Tamil Nadu

Ans. – (B)

Explanation:

If an accused is charged of a major offence but is not found guilty thereunder, he can be convicted of a minor offence if the facts established indicate that such minor offence has been committed.

49. The essence of a contract of agency is the agent’s—

Options:

(A) Representative capacity coupled with a power to affect the legal relations of the principal with third persons

(B) Power and title to the property that is being dealt with

(D) None of the above

Ans. – (A)

Explanation:

The essence of a contract of agency is the agent’s ability to represent the principal and create business relations between the principal and third parties. The agent’s role is to perform juridical acts that create, modify, or extinguish relations between the principal and third parties.

50. “A Contract is an agreement between two or more persons which is intended to be enforceable at law and is contracted by the acceptance by one party of an offer made to him by the other party to do or abstain from doing some act”. – Whose statement is this?

Options:

(A) Halsbury

(B) Salmond

(D) Pollock

Ans. – (A)

Explanation:

The statement ‘A Contract is an agreement between two or more persons which is intended to be enforceable at law and is contracted by the acceptance by one party of an offer made to him by the other party to do or abstain from doing some act’ is attributed to Halsbury.

51. Delivery of goods by one person to another for some purpose upon a contract that they shall, when the purpose is accomplished, be returned or disposed of according to the directions of the person delivering them. What is the type of contract called as—

Options:

(A) Indemnity

(B) Guarantee

(D) Pledge

Ans. – (C)

Explanation:

Bailment is a legal relationship that occurs when one person, the bailor, gives another person, the bailee, possession of their goods for a specific purpose. The bailee is responsible for taking care of the goods and returning them to the bailor or disposing of them as instructed.

52. A’s nephew has absconded from his home. He sent his servant to trace his missing nephew. When the servant had left, A then announced that anybody who discovers the missing boy would be rewarded. When the servant came to know about the reward, he brought an action against A to recover the same. But his action failed. It was held that the servant was not entitled to the reward because he did not know about the offer when he discovered the missing boy. Name the case on reading the facts.

Options:

(A) Lalman Shukla v. Gauri Dutt

(B) Donogue v. Stevenson b

(D) Dutton v. Poole

Ans. – (A)

Explanation:

The significance of Lalman Shukla vs Gauri Dutt lies in the explanation of the principle that an offer has to be communicated to the offeree and the same has to be accepted for the formation of a valid contract. This landmark judgement has laid down a strong foundation for decision making in cases revolving around the questions of offer and acceptance in contract law.

53. A debtor owes several distinct debts to the same creditor and he makes a payment which is insufficient to satisfy all the debts. In such a case, a question arises as to which particular debt the payment is to be appropriated. Which sections of the Contract Act, 1872 provide an answer to this question?

Options:

(A) Sections 59 to 61

(B) Sections 22 to 31

(D) Sections 55 to 60

Ans. – (A)

Explanation:

The essential features of Section 60 are: Debtor owes several distinct debts to one person. Debtor has omitted to intimate and there are no circumstances indicating to which debt the payment is to be applied.

54. What property cannot be transferred under section 6 of Transfer of Property Act, 1882

Options:

(A) An easement apart from the dominant heritage

(B) An interest in property restricted in its enjoyment to the owner personally

(D) All of the above

Ans. – (D)

Explanation:

Section 6 of the Transfer of Property Act, 1882 lists several types of property that cannot be transferred, including: Future maintenance (any right to future maintenance cannot be transferred), Suing rights (the mere right to sue cannot be transferred), Public offices (a public office and its salary cannot be transferred), Pensions (stipends for military, naval, air force, and civil pensioners of the government, as well as political pensions, cannot be transferred), Spes successionis (the chance of an heir apparent succeeding to an estate cannot be transferred), and Personal rights.

55. A transfers property, of which he is the owner, to B in trust for A and his intended wife successively for their lives, and, after the death of the survivor, for the eldest son of the intended marriage for life, and after his death for A’s second son. Can the interest so created for the benefit of the eldest son take effect?

Options:

(A) Yes

(B) No

(D) None of the above

Ans. – (B)

Explanation:

Section 13 of the Transfer of Property Act, 1882 (TPA) deals with the transfer of property to a person who is not yet in existence at the time of the transfer. The section states that the interest created for the benefit of the unborn person will not take effect unless it extends to the entire remaining interest of the transferor in the property.

56. The commencement of arbitral proceedings is not dependent on interim relief being allowed or denied under section 9 of the Arbitration and Conciliation Act, 1996. Supreme Court in which case held so

Options:

(A) Firm Ashok Traders v. Gurumukh Das Saluja

(B) M.M.T.C. Ltd. v. Sterile Industries (India) Ltd.

(D) Magma Leasing Ltd. v. NEPC Micon Ltd.

Ans. – (A)

Explanation:

The Court emphasized that Section 9 provides for interim measures of protection before, during, or after arbitral proceedings. The Court acknowledged the need for appointment of receivers but modified the High Court’s order.

57. Which provision of Hindu Marriage Act, 1955 deals with conciliation

Options:

(A) Section 23

(B) Section 23(2)

(D) Section 22

Ans. – (B)

Explanation:

Section 23(2) of the Hindu Marriage Act, 1955 requires courts to try to reconcile parties before granting relief under the Act. The Court must make this effort in every case where it is possible, and consistent with the circumstances of the case.

58. Which section under the Civil Procedure Code, 1908 deals with the settlement of disputes outside the court?

Options:

(A) Section 98

(B) Section 99

(D) Section 88

Ans. – (C)

Explanation:

Section 89 of the Code of Civil Procedure, 1908 (CPC) deals with the settlement of disputes outside of court. It provides for the following modes of dispute settlement: Arbitration or conciliation, Lok Adalat, and Judicial settlement.

59. Accepting any other satisfaction than the performance originally agreed is known as

Options:

(A) reciprocal agreement

(B) reciprocal acceptance

(D) accord and satisfaction

Ans. – (D)

Explanation:

Accepting any other satisfaction than the performance originally agreed is known as remission. Remission is a unilateral act where the promisee accepts a lesser amount or degree of performance than what was originally contracted for.

60. “Where two parties have made a contract which one of them has broken the damage which the other party ought to receive in respect of such breach of contract should be either such as may fairly and reasonably be considered arising naturally, i.e., according to the usual course of things from such breach of contract itself or such as may reasonably be supposed to have been in the contemplation of the parties at the time they made the contract as the probable result of breach of it”. In which case the principle was laid down so:

Options:

(A) Clegg v. Hands

(B) Frost v. Knight

(D) Hadley v. Baxendale

Ans. – (D)

Explanation:

It sets the leading rule to determine consequential damages from a breach of contract: a breaching party is liable for all losses that the contracting parties should have foreseen.

61. When a misrepresentation has been made, what are the alternative courses open to an aggrieved

Options:

(A) He can avoid or rescind the contract

(B) He can affirm the contract and insist on the misrepresentation being made

(D) All of the above

Ans. – (D)

Explanation:

The remedies for misrepresentation are rescission and/or damages. For fraudulent and negligent misrepresentation, the claimant may claim rescission and damages.

62. A solicitor sold certain property to one of his clients. The client subsequently alleged that the property was considerably overvalued and his consent was caused by…. Court considered the relationship between the parties to reach the decision.

Options:

(A) Coercion

(B) Misrepresentation

(D) Estoppel

Ans. – (C)

Explanation:

The Indian Contract Act of 1872 defines ‘undue influence’ as when one party in a contract has the ability to dominate the other party and uses that power to gain an unfair advantage. This can happen when one party has a real or apparent authority over the other, when one party is in a fiduciary relationship with the other, or when one party enters into a contract with another whose mental capacity is affected by age, illness, or distress.

63. “The law of contract is intended to ensure that what a man has been led to expect shall come to pass, that what has been promised shall be performed”. Whose statement is this?

Options:

(A) Lord Black

(B) Henderson

(D) Salmond

Ans. – (C)

Explanation:

The law of contract is intended to ensure that promises made by parties to a contract are legally binding and are performed. The law of contract is a branch of law that determines the circumstances under which a promise is binding and the remedies available if a party fails to perform their promise.

64. Intention not to create a legal obligation was clear from the conduct of parties which among the popular cases deals on topic.

Options:

(A) Balfour v Balfour

(B) Donogue v. Stevenson

(D) Birch v. Birch

Ans. – (A)

Explanation:

Balfour v Balfour [1919] 2 KB 571 is a leading English contract law case. It held that there is a rebuttable presumption against an intention to create a legally enforceable agreement when the agreement is domestic in nature.

65. According to the Indian Law in a lawful contract, consideration

Options:

(A) Must move from promisee only

(B) May move from promisee or any other person

(D) None of the above

Ans. – (B)

Explanation:

According to the Indian Contract Act, 1872, lawful consideration is a consideration that is enforceable in a court of law. For a contract to be valid, both the consideration and the object of the contract must be lawful.

66. Raghav owes Murli Rs. 10,000. This debt is time-barred by the Limitation Act. Even then Murli, promises in writing to pay Raghav Rs. 4,500 on account of debt and signs the document. This contract is

Options:

(A) Enforceable

(B) Unenforceable

(D) None of the above

Ans. – (A)

Explanation:

A contract is legally enforceable when it contains all the following elements: Offer and acceptance, Consideration, Capacity, Legality, Certainty of terms, and Intention to create legal relations.

67. An agency can be terminated by

Options:

(A) Agreement between parties

(B) By renunciation by the agent

(D) All the above

Ans. – (D)

Explanation:

An agency can be terminated by a number of events, including: Mutual agreement, Completion of the agency’s purpose, Death or incapacity, Insolvency, Agent’s renunciation, and Illegal purpose.

68. Which types of losses are not covered by a contract of indemnity

Options:

(A) Loss arising from accidents like fire or perils of the sea

(B) Loss caused by the promisor himself or by a third person

(D) None of the above

Ans. – (A)

Explanation:

A contract of indemnity does not cover the following types of losses: Life insurance, Indirect or consequential damages, and Losses caused by events that cannot be controlled or foreseen.

69. ………. is the process whereby interested parties resolve disputes, agree upon courses of action, bargain for individual or collective advantage, and/or attempt to craft outcomes which serve their mutual interests.

Options:

(A) Expert determination

(B) Arbitration

(D) Negotiation

Ans. – (D)

Explanation:

Negotiation is a strategic discussion intended to resolve an issue that both parties find acceptable. Negotiations involve give and take, where one or both parties will usually need to make some concessions.

70. “The fundamental aim of Legal Ethics is to maintain the honour and dignity of the Legal Profession, to secure a spirit of friendly co-operation between the Bench and the Bar in the promotion of highest standards of justice, to establish honourable and fair dealings of the counsel with his client, opponent and witnesses; to establish a spirit of brotherhood in the Bar itself; and to secure that lawyers discharge their responsibilities to the community generally”. Whose statement is this?

Options:

(A) Chief Justice Marshall

(B) Chief Justice Coke

(D) Chief Justice Bacon

Ans. – (A)

Explanation:

John Marshall (1755-1835) was the fourth Chief Justice of the United States and served for 34 years, making him the longest-serving Chief Justice in the court’s history. Marshall is considered one of the most influential Chief Justices in the court’s history.

71. The Supreme Court has held that an advocate cannot claim a lien over a litigation file entrusted to him for his fee…….. no professional can be given the right to withhold the returnable records relating to the work done by him with his clients matter on the strength of any claim for unpaid remuneration. The alternative is the professional concerned can resort to other legal remedies for such unpaid remuneration. Refer to the specific case.

Options:

(A) R.D. Saxena v. Balram Prasad Sharma

(B) V.C. Rangadurai v. D. Gopalan

(D) G. Naranswamy v. Challapalli

Ans. – (A)

Explanation:

The Supreme Court stated that files and records held by an advocate do not qualify as ‘goods’ that can be withheld for unpaid fees. The term ‘goods’ is defined in the Sale of Goods Act, 1930 and do not include legal records.

72. Duty of an advocate towards his client is detailed out in which Rules of Bar Council of India

Options:

(A) 33 to 38

(B) 11 to 33

(D) 33 to 36

Ans. – (B)

Explanation:

The Bar Council of India (BCI) has rules that outline the duties of an advocate towards their client, including: Full disclosure, Uphold client interests, Avoid conflicts of interest, Avoid charging based on success, Avoid lending money to clients, and Avoid suppressing evidence.

73. Which Section under the Advocates Act, 1961 deals with disqualification for enrolment?

Options:

(A) Section 25A

(B) Section 26A

(D) Section 24A

Ans. – (D)

Explanation:

Section 24A of the Advocates Act, 1961 deals with disqualification for enrollment as an advocate. This section includes the following disqualifications: Individuals convicted of moral turpitude offenses, Individuals convicted under the Untouchability (Offences) Act of 1955, and Individuals dismissed from government employment due to allegations of moral turpitude.

74. Existence of two suits, by parties litigating which is pending at present and the other filed later, wherein a matter in issue in the subsequently filed suit is directly and substantially in issue in the other and the relief claimed in the subsequent suit can effectively, be passed by the court of previous instance. Which section of CPC decides the fate of the subsequently filed suit and its proceeding?

Options:

(A) Section 11

(B) Section 9

(D) Section 12

Ans. – (C)

Explanation:

Section 10 of the Code of Civil Procedure (CPC) prevents courts from trying two suits simultaneously if the same issue is in dispute in both suits. The suits must be between the same parties, the matter in issue in both suits must be the same or substantially the same, the suits must be pending in the same or different courts that have jurisdiction to grant the relief claimed, and the purpose of Section 10 is to prevent contradictory verdicts and protect defendants from multiple proceedings.

75. Where there are mutual debts between the plaintiff and the defendant, one debt may be settled against another. This can be a statutory defence to a plaintiff’s action and it is called as

Options:

(A) Cross-claim

(B) Set-off

(D) Cross-decrees

Ans. – (B)

Explanation:

Set-off is a legal defense in the Civil Procedure Code (CPC) that allows a defendant to counter a plaintiff’s claim by asserting a claim of their own. It is a way for the defendant to recover a sum of money that the plaintiff owes them.

76. An attachment before judgment order takes away.

Options:

(A) Right to ownership

(B) Right to file suit

(D) Capacity of execution of a decree

Ans. – (C)

Explanation:

An attachment before judgment order can be removed in the following situations: Security is provided (when the defendant provides the required security, the court will order the attachment to be revoked), Suit is dismissed (when the suit is dismissed, the attachment order expires, even if no formal order is passed), and False statements (a single judge can dismiss an application for attachment if it contains false statements).

77. The three pillars on which foundation of every order of injunction rests

Options:

(A) Prima facie case, injury with damage and balance of inconvenience

(B) Prima facie case, reparable injury and balance of convenience

(D) Prima facie case, damage without injury and balance of convenience

Ans. – (C)

Explanation:

Prima Facie case, balance of convenience and the irreparable injury are the three pillars on which rests the foundation of any order of injunction.

78. …………is to enable subordinate courts to obtain in non-appealable cases the opinion of the High Court in the absence of a question of law and thereby avoid the commission of an error which could not be remedied later on.

Options:

(A) Review

(B) Reference

(D) Revision

Ans. – (B)

Explanation:

A reference under the Code of Civil Procedure (CPC) is when a subordinate court asks the High Court for its opinion on a legal matter that’s part of a pending suit, appeal, or execution. The process is governed by Order 46 of the CPC.

79. Contributory negligence means

Options:

(A) The failure by a person to use reasonable care for the safety of either of himself or his property

(B) Volunteer to pay for the negligence of others

(D) Inciting others to commit civil wrong

Ans. – (A)

Explanation:

Contributory negligence, in law, behaviour that contributes to one’s own injury or loss and fails to meet the standard of prudence that one should observe for one’s own good. Contributory negligence of the plaintiff is frequently pleaded in defense to a charge of negligence.

80. Where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, for example, in escape of toxic gas the enterprise is strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any of the exceptions which operate vis-a-vis the tortuous principle of strict liability- Held in the case of

Options:

(A) Francis Caroli v. State

(B) Shriram Food and Fertilizers case

(D) State of Punjab v. Mahinder Singh Chawla

Ans. – (B)

Explanation:

The Shriram Food and Fertilizers case, also known as the Oleum Gas Leak Case or M.C. Mehta v. Union of India, was a landmark environmental law case in India. The case was triggered by an oleum gas leak from a Shriram Foods and Fertilizers plant in Delhi in December 1985. The case established the principle of ‘absolute liability’ and had a lasting impact on corporate accountability and environmental protection in India.

81. “A tort is a civil wrong for which the remedy is an action for unliquidated damages and which is not exclusively the breach of a contract, or the breach of a trust, or the breach of other merely equitable obligation”- Whose Statement is this

Options:

(A) Winfield

(B) Salmond

(D) Griffith

Ans. – (B)

Explanation:

A tort refers to a civil wrong, whereas a crime refers to a criminal offence. Tort cases typically involve private disputes between individuals, while crimes involve violations of public law. In tort cases, the victim seeks compensation for damages suffered, whereas crimes involve punishment imposed by the State.

82. Under section 20 of the Motor Vehicles Act, 1988 if a person is convicted of an offence punishable under section 189 of the Motor Vehicles Act, the court shall ordinarily order for

Options:

(A) Imposing penalty only

(B) Punishment only

(D) Disqualification under the Act

Ans. – (D)

Explanation:

Under Section 20 of the Motor Vehicles Act, 1988, if a person is convicted of an offence punishable under Section 189 of the Motor Vehicles Act, the court will ordinarily order the person to be disqualified from holding a driving license. The court can also impose other punishments as authorized by law.

83. “Contravention of Contract Labour (Prohibition and Regulation) Act, 1970 would not create employment relationship between contract labour and principal establishment”. It was so held in which case

Options:

(A) SAIL v. National Union Water Front Workers

(B) Air India Statutory Corporations v. United Labour Union

(D) State of Uttar Pradesh v. Jai Bir Singh

Ans. – (A)

Explanation:

The case SAIL v. National Union Water Front Workers held that contravention of the Contract Labour (Prohibition and Regulation) Act, 1970 would not create employment relationship between contract labour and principal establishment.

84. Trading activities of a company were stopped temporarily in view of the trade depression with an intention to continue the same when the conditions improve. A petition was preferred into the Tribunal for winding-up of the company. The petition

Options:

(A) is liable to be dismissed

(B) will succeed

(D) will not be admitted

Ans. – (A)

Explanation:

Winding up is the legal process of ending a company’s existence, and it is also known as liquidation. It involves the following steps: Business ceases, Assets are handed over, Debts are paid, Surplus is distributed, and Company is dissolved.

85. If a Quasi-judicial authority violates the principles of natural justice, the appropriate writ would be

Options:

(A) Mandamus

(B) Habeas Corpus

(D) Certiorari

Ans. – (D)

Explanation:

A writ of certiorari is a legal process that allows a higher court to review a lower court’s decision.

86. An accomplice is unworthy of credit unless he is corroborated in material particulars is a

Options:

(A) presumption of fact

(B) presumption of law

(D) none of the above

Ans. – (B)

Explanation:

An accomplice is unworthy of credit unless he is corroborated in material particulars’ is a statement from Section 114 of the Indian Evidence Act, 1872. However, Section 133 of the Act states that a conviction based on the testimony of an accomplice is valid even if it is not corroborated in material particulars.

87. Patent ambiguity in interpreting documents renders it

Options:

(A) Curable

(B) Incurable

(D) None of the above

Ans. – (B)

Explanation:

Patent ambiguity in a document makes it unclear or difficult to interpret because the language is ambiguous or has more than one meaning. This type of ambiguity is different from latent ambiguity, which is when the document is clear but the application of the document causes ambiguity.

88. “Provisions of section 195 of the Code of Criminal Procedure, 1973 are mandatory and non-compliance of it would initiate the prosecution and all other consequential orders”. In which case the court upheld so

Options:

(A) C. Muniappan v. State of Tamil Nadu

(B) Kishun Singh v. State of Bihar

(D) None of the above

Ans. – (A)

Explanation:

Section 195 of CrPC: Prosecution for contempt of lawful authority of public servants, for offences against public justice and for offences relating to documents given in evidence.

89. Order granting anticipatory bail becomes operative

Options:

(A) on arrest

(B) prior to arrest

(D) none of the above

Ans. – (A)

Explanation:

An order granting anticipatory bail becomes operative only when the accused is arrested. Anticipatory bail is granted in anticipation of arrest, and the order ensures that the accused is released on bail if arrested.

90. By the Constitution (97th Amendment) Act, 2011, the following words have been inserted under Article 19(1)(c)

Options:

(A) Democratic Societies

(B) Registered Societies

(D) Co-operative Management

Ans. – (C)

Explanation:

The words ‘or cooperative societies’ were inserted under Article 19(1)(c) of the Constitution of India by the Constitution (97th Amendment) Act, 2011. This amendment made the right to form cooperative societies a fundamental right.

91. Doctrine of Legitimate Expectation was discussed in the following case

Options:

(A) Ramkrishna Dalmia v. Justice Tendolkar

(B) M.C. Mehta v. Union of India

(D) Food Corporation of India v. M/s. Kamdhenu Cattle Feed Industries

Ans. – (D)

Explanation:

The doctrine of legitimate expectation was first discussed in India in the case of State of Kerala v. K.G. Madhavan Pillai (1988) 4 SCC 6690. In this case, the Supreme Court held that the respondents had a legitimate expectation of protection under a sanction order, and that a subsequent order that put a hold on the sanction violated natural justice.

92. The Supreme Court in Selvi v. State of Karnataka held that compulsory brain-mapping and polygraph tests and NARCO analysis were in violation of the following articles of the Constitution:

Options:

(A) Articles 23 and 24

(B) Articles 15 and 16

(D) Articles 20 and 21

Ans. – (D)

Explanation:

In the 2010 case Selvi v. State of Karnataka, the Supreme Court of India ruled that compulsory brain mapping, polygraph, and narcoanalysis tests violated Articles 20(3) and 21 of the Constitution of India.

93. “Passive Euthanasia is permitted in certain cases” is held in

Options:

(A) Aruna Ramachandra Shanbaug v. Union of India

(B) Gian Kaur v. State of Punjab

(D) State of Maharasthra v. Chandrabe

Ans. – (A)

Explanation:

The statement ‘Passive euthanasia is permitted in certain cases’ is held in the Aruna Ramachandra Shanbaug Vs. Union of India case. Passive euthanasia is the intentional act of allowing a patient to die by withholding artificial life support, such as a ventilator or feeding tube.

94. The type of disablement envisaged under the Employees’ Compensation Act, 1923 that reduces the capacity to work in any employment similar to that the worker was performing at the time of the accident is referred to a—

Options:

(A) Permanent partial disablement

(B) Permanent total disablement

(D) Temporary total disablement

Ans. – (A)

Explanation:

The type of disablement under the Employees’ Compensation Act, 1923 that reduces a worker’s capacity to work in any employment similar to their pre-accident role is called total disablement. Total disablement can be temporary or permanent.

95. The contribution payable under the ESI Act in respect of an employee shall comprise of—

Options:

(A) contribution payable by the employer only

(B) contribution payable by the employee only

(D) contribution payable by the and employee

Ans. – (D)

Explanation:

The contribution payable under the Employees’ State Insurance (ESI) Act in respect of an employee is the sum of the employee’s contribution and the employer’s contribution. The rates for these contributions are revised from time to time. As of July 2019, the rates are: Employee’s contribution: 0.75% of the employee’s wages, Employer’s contribution: 3.25% of the wages paid or payable for the employee.

96. Which provision under the Industrial Disputes Act, 1947 guarantees the right of workmen laid off to claim for compensation

Options:

(A) Section 25-O

(B) Section 26

(D) Section 25-M

Ans. – (C)

Explanation:

Section 25C of the Industrial Disputes Act, 1947 guarantees that laid-off workmen can claim compensation. The compensation is 50% of the employee’s basic earnings and dearness allowance for the duration of the layoff. However, there are some conditions that must be met for a workman to be eligible for compensation.

97. Natural law is the idea that

Options:

(A) there are rational objective limits to the power of legislative rulers

(B) there are no limits to the power of legislative rulers

(D) Law is the command of the sovereign

Ans. – (A)

Explanation:

Natural law is the philosophical theory that humans are born with a moral compass that guides their behaviour, and that these moral rules are inherent in human nature. Natural law is based on the idea that: Humans have a purpose (Humans are guided by their nature to live good, happy lives, and actions that prevent others from doing so are immoral), and Laws exist in nature (Laws are determined by nature, and are universal, regardless of whether people recognize them).

98. H.L.A. Hart’s name is associated with the book

Options:

(A) Province and Function of Law

(B) The Concept of Law

(D) Theories of Social Change

Ans. – (B)

Explanation:

H.L.A. Hart is associated with the book The Concept of Law, which was first published in 1961. Hart was a British legal philosopher and Oxford University Jurisprudence Professor who was influenced by the linguistic philosophy of Oxford.

99. Section 9 of the Hindu Marriage Act, 1955 deals with

Options:

(A) Restitution of Conjugal Rights

(B) Void Marriages

(D) Grounds of Divorce

Ans. – (A)

Explanation:

Section 9 of the Hindu Marriage Act of 1955 allows either the husband or wife to file for restitution of conjugal rights if the other spouse has withdrawn from their society without a reasonable excuse. The aggrieved party can file a petition with the district court, and the court can order the other spouse to return to the matrimonial home and live with them.

100. Daughter is equated with the son with references to joint family property under

Options:

(A) Hindu Succession (Amendment) Act, 2002

(B) Hindu Succession (Amendment) Act, 1976

(D) Hindu Succession (Amendment) Act, 2005

Ans. – (D)

Explanation:

The Hindu Succession (Amendment) Act, 2005 was enacted to remove gender-discriminatory provisions from the Hindu Succession Act, 1956. The amendment came into effect on September 9, 2005, after receiving the assent of the President of India on September 5, 2005.

ALL INDIA BAR EXAMINATION – 2013

HOHFELD Theory OF RIGHTS AND DUTIES ANALYSIS

Freeman and Lockyer v. Buckhurst Park Properties (Mangal),...

Top 10 IMPORTANT QUESTIONS FOR DU LLB Semester...

Spes Successionis section 6(a) and 43 Transfer of...

TOP 10 IMPORTANT QUESTIONS FOR DULLB SEMESTER 3...

Recent Posts

DULLB 6TH SEM: LB-6033: ELECTION LAW NOTES

ONLINE DISPUTE RESOLUTION

AIBE Practice Questions

Editor's Picks

DULLB 6TH SEM: LB-6033: ELECTION LAW NOTES

ONLINE DISPUTE RESOLUTION

AIBE Practice Questions

Lifestyle

DULLB 6TH SEM: LB-6033: ELECTION LAW NOTES

ONLINE DISPUTE RESOLUTION

AIBE Practice Questions

Categories

Login

Create Free Account