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Delhi Judicial Service (DJS) practice questions

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Question 1Civil Law

Under the Code of Civil Procedure, 1908, a suit for recovery of possession of immovable property situated in Delhi is ordinarily to be instituted in the court of the lowest grade competent to try it, but which court has territorial jurisdiction where the property is situated within the limits of the Delhi High Court's ordinary original civil jurisdiction?

  1. The court within whose local limits the property is situated, subject to pecuniary limits Correct answer.
  2. The District Court of the place where the defendant resides
  3. The Delhi High Court in all such suits irrespective of value
  4. The court where the cause of action wholly arose

Explanation

Section 16 CPC makes suits for recovery of possession of immovable property triable where the property is situated, and section 15 requires the lowest grade court competent to try the suit to hear it. Territorial venue therefore follows the situs of the property, with pecuniary jurisdiction fixed by the Delhi Courts' valuation rules.

Question 2Civil Law

A plaint is returned under Order VII Rule 10 CPC for presentation to the proper court. Which statement correctly describes the consequence for limitation?

  1. The time taken in the wrong court is excluded under section 14 of the Limitation Act Correct answer.
  2. The suit is treated as instituted afresh on the date of re-presentation
  3. The suit abates unless re-presented within thirty days
  4. The plaintiff must seek condonation of delay from the transferee court

Explanation

Section 14 of the Limitation Act, 1963 allows exclusion of time spent bona fide prosecuting a civil proceeding in a court which lacks jurisdiction. The date of the original institution is thus protected when the plaint is re-presented in the proper court.

Question 3Civil Law

Which of the following is a suit of a civil nature within the meaning of section 9 CPC?

  1. A suit to enforce a right of worship in a public temple
  2. A suit for damages for defamation Correct answer.
  3. A suit questioning the legality of a municipal tax assessment where the statute provides a complete appellate remedy
  4. A suit challenging the validity of a caste exclusion from a temple

Explanation

Section 9 CPC grants civil courts jurisdiction over all suits of a civil nature except those expressly or impliedly barred. A claim for damages for defamation is a classic civil right enforceable in a civil court.

Question 4Civil Law

In a suit before a Delhi civil court, the defendant fails to file a written statement within the time allowed. Under Order VIII Rule 1 CPC as amended, what is the correct position?

  1. The court may permit filing beyond the period on payment of costs, and the outer limit is 120 days Correct answer.
  2. The defendant loses the right of defence automatically
  3. The suit is decreed ex parte without any evidence
  4. The court must pronounce judgment against the defendant forthwith

Explanation

Order VIII Rule 1 CPC allows the defendant a period of thirty days, extendable up to ninety days from service of summons, and the proviso permits a further extension not exceeding 120 days in exceptional cases. Beyond that, the court may decline to take the written statement on record, but it does not automatically decree the suit.

Question 5Civil Law

Under Order IX Rule 13 CPC, an application to set aside an ex parte decree must be made within what period, and to which court?

  1. Within thirty days to the court that passed the decree Correct answer.
  2. Within thirty days to the High Court
  3. Within ninety days to the appellate court
  4. Within one year to the District Judge

Explanation

Article 123 of the Limitation Act prescribes thirty days from the date of the ex parte decree for an application under Order IX Rule 13. The application lies to the court which passed the decree.

Question 6Civil Law

A decree is passed by a Delhi civil judge and the defendant seeks review under section 114 CPC. Which ground is legally available?

  1. The judge's failure to appreciate evidence in the manner urged at the hearing
  2. The availability of a stronger argument that was not advanced earlier
  3. The judgment is erroneous on the merits as appreciated by the parties
  4. The discovery of new and important matter or evidence not within the applicant's knowledge Correct answer.

Explanation

Section 114 read with Order XLVII Rule 1 permits review on discovery of new and important matter or evidence which, after due diligence, was not within the applicant's knowledge, or on a mistake or error apparent on the face of the record. A mere disagreement with the appreciation of evidence is not a ground.

Question 7Civil Law

Which of the following is a decree within the meaning of section 2(2) CPC?

  1. An order dismissing a suit for want of prosecution
  2. An order refusing to allow an amendment of pleadings
  3. An order rejecting a plaint under Order VII Rule 11 Correct answer.
  4. An order returning a plaint under Order VII Rule 10

Explanation

Section 2(2) CPC defines a decree as the formal expression of an adjudication which conclusively determines the rights of the parties. Rejection of a plaint is deemed a decree under Order VII Rule 11 read with section 2(2), while the other orders are appealable orders.

Question 8Civil Law

Under section 34 CPC, which rate of interest applies to the period between the date of the decree and the date of payment, where the decree is silent?

  1. The rate fixed by the Reserve Bank of India
  2. Eighteen per cent per annum
  3. Six per cent per annum Correct answer.
  4. Twelve per cent per annum

Explanation

Section 34(3) CPC provides that where the decree is silent, the court shall order interest at six per cent per annum from the date of the decree to the date of payment. The court retains discretion to award a higher rate in appropriate cases by express order.

Question 9Civil Law

A plaintiff seeks to amend the plaint after the trial has commenced to introduce a new relief on the same cause of action. Under Order VI Rule 17 CPC as amended in 2002, what is the governing principle?

  1. Amendment must be allowed as of right on payment of costs
  2. Amendment may be allowed if it does not cause injustice or change the nature of the suit, and the court may allow it after trial has begun if the party could not have raised the matter earlier Correct answer.
  3. Amendment is barred after the framing of issues
  4. No amendment is permissible after the trial has commenced in any circumstance

Explanation

The proviso to Order VI Rule 17 bars amendment after trial has commenced unless the court concludes that the party could not have raised the matter despite due diligence. Even then, the court exercises discretion to prevent injustice or a change in the nature of the suit.

Question 10Civil Law

Which provision of the CPC governs the power of the court to issue a commission for local investigation?

  1. Order XVI Rule 7
  2. Order XXXIX Rule 7
  3. Order XVIII Rule 4
  4. Order XXVI Rule 9 Correct answer.

Explanation

Order XXVI Rule 9 empowers the court to issue a commission for local investigation where it is necessary or expedient for elucidating any matter in dispute. The other orders deal with examination of witnesses, summons to witnesses, and interim injunctions respectively.

Question 11Civil Law

Under Order XXXVIII Rule 5 CPC, an order of attachment before judgment requires the defendant to furnish security. Which standard must the plaintiff satisfy?

  1. Payment of the entire decretal amount into court
  2. A mere allegation in the plaint that the defendant is a flight risk
  3. Final proof that the defendant is disposing of assets to defeat the decree
  4. The court's satisfaction, by affidavit or otherwise, that the defendant intends to obstruct or delay execution of any decree that may be passed Correct answer.

Explanation

Order XXXVIII Rule 5 requires the court's satisfaction, based on affidavit or other evidence, that the defendant intends to obstruct or delay the execution of a decree that may be passed. It is a protective remedy, and the court may direct the plaintiff to furnish security for the defendant's protection.

Question 12Civil Law

Which of the following is a condition precedent for the maintainability of a suit under section 80 CPC against the Government?

  1. A certificate from the Public Prosecutor
  2. Service of a notice in writing on the Government at least two months before institution, stating the cause of action and relief Correct answer.
  3. A pre-suit mediation report from the Delhi High Court Mediation and Conciliation Centre
  4. Filing an affidavit of urgency before the District Judge

Explanation

Section 80 CPC requires a written notice to be delivered to the Government or the public officer at least two months before the institution of the suit, stating the cause of action, the relief sought, and the particulars of the plaintiff. Compliance is a condition precedent unless waived by the Government.

Question 13Civil Law

An arbitration award is challenged under section 34 of the Arbitration and Conciliation Act, 1996. Within what period must the application be filed, and what is the scope of review?

  1. Within six months, with power to reappreciate evidence
  2. Within one year, including review on the merits
  3. Within three months of receipt of the award, extendable by thirty days, limited to grounds in section 34(2) and patent illegality on the face of the award Correct answer.
  4. Within ninety days of receipt, with no power of condonation

Explanation

Section 34(3) prescribes three months from receipt of the award, with a further thirty days available on sufficient cause but not thereafter. The court's power is limited to the grounds in section 34(2) and, for domestic awards, patent illegality appearing on the face of the award.

Question 14Civil Law

Which of the following disputes is arbitrable under the Arbitration and Conciliation Act, 1996?

  1. A dispute involving the enforcement of a statutory duty of a public body
  2. A dispute concerning the validity of a patent granted by the Controller of Patents
  3. A dispute relating to the partition of joint family property between two private parties Correct answer.
  4. A dispute on rights in rem affecting the public at large

Explanation

Arbitrability turns on whether the dispute is a right in personam that the parties may lawfully settle by agreement. A partition dispute between private parties over joint family property is arbitrable, whereas rights in rem and matters involving statutory duties of public bodies are not.

Question 15Civil Law

Under section 11 of the Arbitration and Conciliation Act, 1996, an application for appointment of an arbitrator is made to which authority in a domestic arbitration seated in Delhi?

  1. The Chief Justice of the Delhi High Court or a person or institution designated by him Correct answer.
  2. The District Judge of the place where the respondent resides
  3. The Supreme Court of India in all cases
  4. The Secretary of the Delhi International Arbitration Centre

Explanation

Section 11(6) as amended in 2015 provides that the application lies before the Supreme Court in international commercial arbitrations and before the High Court in other cases. In Delhi, the Chief Justice of the Delhi High Court or his designate exercises this function.

Question 16Civil Law

A party to a suit before a Delhi civil court seeks interim protection under section 9 of the Arbitration and Conciliation Act, 1996 after the award has been made but before execution. What is the correct position?

  1. Section 9 relief is not available after the award
  2. Section 9 relief is available only before the commencement of arbitration
  3. Section 9 relief is available before or during arbitral proceedings or at any time after the making of the award but before it is enforced under section 36 Correct answer.
  4. Section 9 relief is available only with the consent of the arbitrator

Explanation

Section 9(1) expressly permits a party to apply to a court for interim measures before or during arbitral proceedings or at any time after the making of the award but before it is enforced under section 36. The court applies the same principles as in civil suits for interim relief.

Question 17Civil Law

Under the Specific Relief Act, 1963, specific performance of a contract for sale of immovable property is now available as a general remedy. Which provision reflects this after the 2018 amendment?

  1. Section 14, which lists contracts that cannot be specifically enforced
  2. Section 10, which provides that specific performance is available in accordance with the chapter subject to sections 11 and 14 Correct answer.
  3. Section 16, which requires readiness and willingness
  4. Section 20, which confers judicial discretion in granting relief

Explanation

The 2018 amendment substituted section 10 to make specific performance a general right subject to sections 11 and 14, removing the earlier discretionary framing. Section 16 still requires proof of readiness and willingness, and section 14 continues to bar certain contracts.

Question 18Civil Law

A contract for sale of immovable property is executed by the seller, but the buyer is not ready and willing to perform. In a suit by the buyer for specific performance, what is the consequence?

  1. The suit succeeds because the seller's execution of the agreement is conclusive
  2. The suit succeeds on payment of damages only
  3. The suit must fail because section 16(c) of the Specific Relief Act requires continuous readiness and willingness Correct answer.
  4. The suit must be referred to arbitration

Explanation

Section 16(c) of the Specific Relief Act requires the plaintiff to plead and prove that he has performed or has always been ready and willing to perform the essential terms of the contract. Absence of continuous readiness and willingness is a fatal defect to a specific performance claim.

Question 19Civil Law

Which of the following contracts cannot be specifically enforced under section 14 of the Specific Relief Act, 1963?

  1. A contract for the sale of a rare manuscript
  2. A contract to lend money Correct answer.
  3. A contract for the sale of a unique painting
  4. A contract for the sale of immovable property

Explanation

Section 14(a) expressly provides that a contract for the lending or borrowing of money cannot be specifically enforced because it is determinable in nature and compensation is an adequate remedy. Sale of unique or rare articles may be specifically enforced where compensation is inadequate.

Question 20Civil Law

Under the Transfer of Property Act, 1882, when does a sale of immovable property of value of one hundred rupees and upwards become complete?

  1. On delivery of possession
  2. On payment of the full price
  3. On registration of the sale deed Correct answer.
  4. On execution of an agreement to sell

Explanation

Section 54 of the Transfer of Property Act provides that in the case of tangible immovable property of the value of one hundred rupees and upwards, sale is made only by a registered instrument. Title passes on registration, not on payment or possession.

Question 21Civil Law

A mortgage is created by delivery of title deeds in respect of immovable property situated in Delhi. Which type of mortgage is this, and what is its essential requirement?

  1. Mortgage by deposit of title deeds, requiring delivery of documents with intent to create a security Correct answer.
  2. Anomalous mortgage, requiring no writing
  3. Mortgage by conditional sale, requiring a registered instrument
  4. Mortgage by simple mortgage, requiring registration

Explanation

Section 58(f) of the Transfer of Property Act describes a mortgage by deposit of title deeds, where the mortgagor delivers documents of title to the mortgagee with intent to create a security. It applies in specified towns, including Delhi, and requires no registered instrument.

Question 22Civil Law

Under section 53A of the Transfer of Property Act, the doctrine of part performance protects a transferee who has taken possession in part performance of a contract. Which condition is essential?

  1. The transferee must have paid the entire consideration and obtained registration
  2. The transferor must have executed a registered sale deed
  3. The transferee must have performed some act in furtherance of the contract and be willing to perform the remaining terms Correct answer.
  4. The transferee must have filed a suit for specific performance

Explanation

Section 53A protects a transferee who has taken possession or done some other act in part performance of a written and signed contract and is willing to perform the remaining terms. It operates as a defence to the transferor's claim for possession, not as a source of title.

Question 23Civil Law

Under the Hindu Succession Act, 1956, as amended in 2005, a daughter of a coparcener in a Hindu undivided family governed by Mitakshara law acquires which right?

  1. A right to a share in the coparcenary property by birth, with the same liabilities as a son Correct answer.
  2. A right to maintenance only
  3. A right to a share only on the father's death
  4. A right to a share only if the father dies intestate after 2005

Explanation

Section 6 of the Hindu Succession Act, as amended in 2005, confers on a daughter of a coparcener the status of a coparcener by birth, with rights and liabilities equal to those of a son. The Supreme Court in Vineeta Sharma clarified that the right applies to daughters alive on the date of the amendment irrespective of the father's date of death.

Question 24Civil Law

Under the Hindu Marriage Act, 1955, which of the following is a ground for divorce available to either party under section 13(1)?

  1. Non-consummation of marriage for six months
  2. Adultery, cruelty, and desertion for a continuous period of two years Correct answer.
  3. Mutual consent of the parties
  4. Irretrievable breakdown of marriage, simpliciter

Explanation

Section 13(1) lists fault grounds including adultery, cruelty, desertion for a continuous period of not less than two years, conversion, insanity, and venereal disease. Irretrievable breakdown is not a statutory ground, though courts have occasionally invoked Article 142.

Question 25Civil Law

Under the Limitation Act, 1963, a suit for possession of immovable property based on title is governed by which article, and what is the period?

  1. Article 64, twelve years from the date of dispossession
  2. Article 65, twelve years from the date the possession of the defendant becomes adverse Correct answer.
  3. Article 58, three years from the date of the cause of action
  4. Article 113, three years from the date of the cause of action

Explanation

Article 65 of the Limitation Act prescribes twelve years for a suit for possession of immovable property or any interest therein based on title, with time running from the date when the possession of the defendant becomes adverse to the plaintiff. Article 64 applies to suits based on previous possession, not title.

Question 26Civil Law

A suit is filed in a Delhi civil court for recovery of possession of immovable property. The defendant disputes the plaintiff's title and also claims to have acquired title by adverse possession. Which court has jurisdiction to try the suit?

  1. The court within whose jurisdiction the defendant resides
  2. The court within whose jurisdiction the property is situated Correct answer.
  3. The court within whose jurisdiction the plaintiff resides
  4. The court within whose jurisdiction the cause of action arose

Explanation

Section 16 of the Code of Civil Procedure, 1908, provides that suits for recovery of possession of immovable property must be instituted in the court within whose local limits the property is situated. This is a rule of territorial jurisdiction based on the location of the subject matter and is mandatory. The residence of the parties or the place where the cause of action arises does not override this specific provision.

Question 27Civil Law

A plaintiff files a suit against the Union of India through the Secretary, Ministry of Railways, without serving the statutory notice under section 80 CPC. The defendant raises an objection at the first hearing. What is the consequence?

  1. The suit is void ab initio and cannot be cured
  2. The suit can proceed if the plaintiff satisfies the court that the notice was not served due to unavoidable reasons
  3. The suit is liable to be dismissed as not maintainable Correct answer.
  4. The court may allow the plaintiff to serve the notice and continue the suit from the stage of filing

Explanation

Section 80 CPC mandates that no suit shall be instituted against the Government or a public officer until two months after a written notice has been delivered. The requirement is a condition precedent to the institution of the suit, and non-compliance renders the suit not maintainable. The court cannot waive the notice except in cases of urgency where it may grant leave under sub-section (2) of section 80, which is not applicable here.

Question 28Civil Law

A defendant, after filing a written statement, fails to appear on a date fixed for hearing. The court proceeds ex parte. The defendant later applies under Order IX Rule 13 CPC to set aside the ex parte decree. Which condition must the defendant satisfy?

  1. That the plaintiff consented to the defendant's non-appearance
  2. That the defendant was prevented by sufficient cause from appearing when the suit was called for hearing Correct answer.
  3. That the defendant has a good defence on the merits
  4. That the defendant was not served with summons

Explanation

Order IX Rule 13 CPC allows the court to set aside an ex parte decree if the defendant satisfies it that he was prevented by any sufficient cause from appearing when the suit was called for hearing. The provision also requires the court to consider whether the defendant had notice of the date, but the primary test is sufficient cause for non-appearance. A good defence on merits is not a precondition under this rule.

Question 29Civil Law

A plaintiff seeks to sue as an indigent person under Order XXXIII CPC. The application is rejected by the trial court. What is the remedy available to the plaintiff?

  1. An appeal under section 96 CPC Correct answer.
  2. An appeal under clause 10 of the Letters Patent
  3. A revision under section 115 CPC
  4. A review under section 114 CPC

Explanation

Order XXXIII Rule 7 CPC provides that an order rejecting an application to sue as an indigent person is appealable as if it were a decree. Section 96 CPC provides for appeals from decrees, and the rejection of the application is treated as a decree for this purpose. Therefore, the remedy is an appeal under section 96.

Question 30Civil Law

A plaint is rejected under Order VII Rule 11 CPC for non-disclosure of a cause of action. The plaintiff subsequently files a fresh suit on the same cause of action. Which bar applies?

  1. The fresh suit is not barred; the plaintiff may file a fresh suit Correct answer.
  2. The fresh suit is barred by section 11 CPC
  3. The fresh suit is barred by Order II Rule 2 CPC
  4. The fresh suit is barred by section 10 CPC

Explanation

Rejection of a plaint under Order VII Rule 11 does not operate as a bar to a fresh suit on the same cause of action, because the rejection is on technical grounds and does not adjudicate the merits. Order II Rule 2 bars a subsequent suit where the plaintiff omits to sue for a part of the claim, which is not the case here. Section 11 bars a fresh suit only when the matter has been directly and substantially in issue in a former suit and finally decided.

Question 31Civil Law

In a suit for partition of Hindu undivided family property, the plaintiff seeks to implead a purchaser of a coparcener's undivided interest as a party. Which provision of the CPC governs impleadment of a necessary party?

  1. Order VI Rule 17 CPC
  2. Order I Rule 8 CPC
  3. Order XXII Rule 4 CPC
  4. Order I Rule 10 CPC Correct answer.

Explanation

Order I Rule 10 CPC empowers the court to add or strike out parties at any stage of the proceedings if they are necessary or proper parties. A purchaser of a coparcener's undivided interest is a necessary party in a partition suit because the decree would affect his rights. The other provisions deal with representative suits, substitution on death, and amendment of pleadings, respectively.

Question 32Civil Law

A court in Delhi passes a decree for payment of money. The judgment-debtor fails to pay. The decree-holder seeks attachment of the judgment-debtor's salary. Which portion of the salary is exempt from attachment under section 60 CPC?

  1. The salary to the extent of the first two thousand rupees and one-half of the remainder
  2. Only the first one thousand rupees of the salary
  3. The entire salary is exempt from attachment
  4. The salary to the extent of the first one thousand rupees and two-thirds of the remainder Correct answer.

Explanation

Section 60(1) CPC, in the proviso, exempts from attachment the salary of the judgment-debtor to the extent of the first one thousand rupees and two-thirds of the remainder, or two thousand five hundred rupees, whichever is less. This protection ensures that the judgment-debtor retains a minimum amount for subsistence. The other options do not reflect the statutory formula.

Question 33Civil Law

A decree-holder applies for execution of a decree more than two years after the date of the decree. The judgment-debtor objects that the application is barred by limitation. Which article of the Limitation Act, 1963, applies to execution applications?

  1. Article 137
  2. Article 182
  3. Article 136 Correct answer.
  4. Article 113

Explanation

Article 136 of the Limitation Act, 1963, provides a limitation period of twelve years for the execution of a decree or order of any civil court. The period runs from the date of the decree or order or where the decree is amended, from the date of the amendment. Article 137 applies to applications not otherwise provided for, and Article 113 is the residuary article for suits.

Question 34Civil Law

A plaintiff files a suit for specific performance of a contract for sale of immovable property. The defendant contends that the contract is unenforceable because it lacks mutuality. Which statement correctly reflects the law under the Specific Relief Act, 1963?

  1. The court may enforce the contract even if one party is a minor
  2. The absence of mutuality is not a bar to specific performance if the plaintiff has performed his part Correct answer.
  3. Specific performance can be enforced only if the contract is mutual and enforceable by both parties
  4. Mutuality is required at the time of the contract but not at the time of the decree

Explanation

Under the Specific Relief Act, 1963, the requirement of mutuality has been relaxed, and the absence of mutuality is not a bar to specific performance if the plaintiff has performed or is willing to perform his part of the contract. The Act focuses on the readiness and willingness of the plaintiff rather than on the enforceability of the contract by both parties. A contract with a minor is void and cannot be specifically enforced.

Question 35Civil Law

A lessee sub-lets the leased property without the consent of the lessor. The lease deed prohibits sub-letting. What is the consequence under the Transfer of Property Act, 1882?

  1. The lessor can enhance the rent
  2. The lessor can terminate the lease Correct answer.
  3. The sub-lease is valid but the lessee is liable to pay damages
  4. The sub-lease is void

Explanation

Section 111(g) of the Transfer of Property Act, 1882, provides that a lease of immovable property determines where the lessee breaks an express condition which provides that on breach thereof the lessor may re-enter. A prohibition on sub-letting without consent is such a condition, and the lessor may terminate the lease. The sub-lease itself is not void; it is valid as between the lessee and the sub-lessee.

Question 36Civil Law

A Hindu male dies intestate leaving behind his widow, two sons, and a pre-deceased son's widow. How is the property distributed under the Hindu Succession Act, 1956?

  1. The widow takes a life interest, and the sons take the remainder
  2. The widow, sons, and pre-deceased son's widow take equal shares
  3. The widow takes one share, each son takes one share, and the pre-deceased son's widow takes the share her husband would have taken Correct answer.
  4. The sons take equal shares, and the widow and pre-deceased son's widow take no share

Explanation

Under section 8 of the Hindu Succession Act, 1956, the property of a male Hindu dying intestate devolves firstly upon the heirs specified in Class I of the Schedule. The widow and sons are Class I heirs, and the pre-deceased son's widow is also a Class I heir under the amended Schedule. Section 10 provides that the widow takes one share, each son takes one share, and the heirs of a pre-deceased son together take the share he would have taken.

Question 37Civil Law

A Muslim woman married under Muslim law seeks dissolution of marriage on the ground that her husband has treated her with cruelty. Which form of divorce is available to her?

  1. Mubaraat
  2. Faskh Correct answer.
  3. Talaq-e-tafweez
  4. Khula

Explanation

Under Muslim law, a wife may seek judicial dissolution of marriage on grounds such as cruelty, and this is known as faskh. The Dissolution of Muslim Marriages Act, 1939, codifies the grounds on which a Muslim woman can obtain a decree for dissolution of marriage. Khula and mubaraat are forms of divorce by agreement, and talaq-e-tafweez is a delegated divorce.

Question 38Civil Law

A testator executes a will bequeathing his entire property to his son, excluding his daughter. The will is attested by two witnesses, but one witness is a beneficiary under the will. What is the effect on the validity of the will?

  1. The will is invalid to the extent of the bequest to the witness-beneficiary
  2. The will is valid, and the witness-beneficiary can retain his legacy Correct answer.
  3. The will is valid, but the witness-beneficiary forfeits his legacy
  4. The will is invalid because a beneficiary cannot be a witness

Explanation

Under section 68 of the Indian Succession Act, 1925, a will must be attested by two or more witnesses. There is no prohibition on a beneficiary acting as a witness, and the witness-beneficiary does not forfeit his legacy merely by attesting the will. The will remains valid, and the bequest to the witness-beneficiary is effective.

Question 39Civil Law

A plaintiff obtains an ex parte ad interim injunction under Order XXXIX Rules 1 and 2 CPC. The defendant applies for vacating the injunction. The court finds that the plaintiff suppressed material facts. What is the appropriate course?

  1. The court may vacate the injunction on the ground of suppression of material facts Correct answer.
  2. The court must confirm the injunction if the plaintiff shows a prima facie case
  3. The court can only impose costs on the plaintiff
  4. The court must refer the matter to the High Court

Explanation

A party seeking an equitable remedy such as an injunction must come with clean hands and disclose all material facts. Suppression of material facts is a ground for vacating an ad interim injunction, as the plaintiff has abused the process of the court. The court has discretion to vacate the injunction and may also impose costs, but vacating is the primary remedy.

Question 40Civil Law

A suit is filed against a partnership firm without impleading all partners. The firm denies liability on the ground that the suit is not maintainable. Which provision of the CPC governs the institution of suits by or against firms?

  1. Order XXX Rule 8 CPC
  2. Order XXX Rule 10 CPC
  3. Order XXX Rule 1 CPC Correct answer.
  4. Order XXX Rule 4 CPC

Explanation

Order XXX Rule 1 CPC provides that any two or more persons claiming or being liable as partners and carrying on business in India may sue or be sued in the name of the firm. This rule allows a suit by or against a firm in its firm name, without impleading all partners individually. The other rules deal with disclosure of partners, service, and suits between partners.

Question 41Criminal Law

Under the Bharatiya Nyaya Sanhita, 2023, the general exception of mistake of fact applies when the mistaken belief relates to which kind of fact?

  1. A point of law on which the accused was misadvised by counsel
  2. A fact that the accused merely hoped to be true
  3. A fact essential to the act done, honestly believed in good faith Correct answer.
  4. A fact the accused could have verified but chose not to

Explanation

Section 17 of the BNS protects an act done under an honest and reasonable belief in a state of facts which, if true, would make the act lawful. The belief must be held in good faith and must relate to a fact essential to the act, not to ignorance of law. Negligent or wishful thinking does not attract the exception.

Question 42Criminal Law

A police officer arrests a person without warrant and keeps him in custody for eight days without producing him before a Magistrate. Which offence is most directly attracted?

  1. Abetment of false imprisonment by a public servant
  2. Criminal intimidation by a public servant
  3. Illegal arrest with knowledge that the detention is unlawful Correct answer.
  4. Wrongful confinement under the general confinement provisions

Explanation

Section 126 of the BNS punishes an officer who illegally arrests or detains a person knowing that the detention is unlawful, or who keeps a person in confinement beyond the lawful period without producing him before a Magistrate. The provision specifically targets public servants who exceed their legal authority. General confinement provisions do not capture the aggravated public-servant character of the act.

Question 43Criminal Law

In a trial for murder, the prosecution relies on a dying declaration recorded by a Magistrate. Which statement best reflects its evidentiary position?

  1. It is substantive evidence and needs no corroboration if found truthful Correct answer.
  2. It is inadmissible unless attested by two witnesses
  3. It is admissible only if the maker survives to testify
  4. It is a weak piece of evidence requiring corroboration in every case

Explanation

A dying declaration under Section 32 of the Bharatiya Sakshya Adhiniyam is substantive evidence, not merely a statement for corroboration. Once the court is satisfied that it is voluntary, coherent and truthful, it can be the sole basis of conviction. Corroboration is a rule of prudence, not a rule of law.

Question 44Criminal Law

The offence of criminal conspiracy under the BNS requires, as its core mental element, which of the following?

  1. A unilateral intention to commit an offence communicated to another
  2. A meeting of minds to commit a tortious act alone
  3. An agreement to commit an offence plus an overt act by any conspirator
  4. An agreement between two or more persons to do or cause to be done an illegal act Correct answer.

Explanation

Section 61 of the BNS defines criminal conspiracy as an agreement between two or more persons to do, or cause to be done, an illegal act or an act which is not illegal by illegal means. The agreement itself is the essence; an overt act is not a universal requirement. A purely unilateral intention cannot constitute conspiracy.

Question 45Criminal Law

An accused, while being lawfully arrested, snatches the pistol of the constable and fires at him, causing grievous hurt. Which offence best fits the conduct?

  1. Voluntarily causing grievous hurt to deter a public servant from his duty Correct answer.
  2. Rioting with a deadly weapon
  3. Attempt to murder with the offence of obstructing a public servant merged
  4. Voluntarily causing hurt to deter a public servant from duty

Explanation

Section 132 of the BNS punishes voluntary causing of grievous hurt to deter a public servant from discharging his duty. The facts show grievous hurt, a public servant on duty, and the intention to deter him from the arrest. The aggravated hurt provision, not simple hurt, is therefore attracted.

Question 46Criminal Law

Which of the following is the correct standard for the defence of unsoundness of mind under the BNS?

  1. The accused did not know the nature of the act or that it was wrong or contrary to law Correct answer.
  2. The accused was in a state of intoxication at the time of the act
  3. The accused had a diagnosed psychiatric illness of any degree
  4. The accused acted under an irresistible impulse

Explanation

Section 22 of the BNS codifies the McNaughten rule: the accused must, at the time of the act, be incapable of knowing the nature of the act or that it was wrong or contrary to law. Mere diagnosis of mental illness or an irresistible impulse is not enough. Intoxication is governed by a separate provision.

Question 47Criminal Law

A person who receives stolen property knowing it to be stolen is liable under the BNS only if the property was obtained by which means?

  1. Theft, or a offence involving dishonesty causing wrongful loss Correct answer.
  2. Any dishonest taking, including a civil breach of trust
  3. A lawful transaction later disputed by the owner
  4. A mere civil wrong without criminal dishonesty

Explanation

Section 317 of the BNS penalises receiving or retaining stolen property, defined as property obtained by theft or by an offence involving dishonesty causing wrongful loss. The receiver must know or have reason to believe the property is stolen. Civil wrongs and lawful transactions fall outside the provision.

Question 48Criminal Law

When a person commits an offence in a place where he is not physically present, by means of an innocent agent, how is his liability analysed?

  1. He is not liable because he was absent from the scene
  2. He is liable as the principal through the innocent agent Correct answer.
  3. He is liable only for abetment by conspiracy
  4. He is liable only if the agent is also prosecuted

Explanation

Under Sections 45 and 49 of the BNS, a person who causes an act to be done through an innocent agent is treated as having done the act himself. Physical absence from the scene is irrelevant when the accused sets the causal chain in motion. The innocent agent is merely an instrument.

Question 49Criminal Law

A dying declaration recorded in the form of questions and answers, in the language of the deceased and without a certificate of fitness, is challenged. How should the court approach it?

  1. Admit it only as corroboration of other evidence
  2. Reject it outright for want of a medical certificate
  3. Treat it as inadmissible because it is not in narrative form
  4. Scrutinise it for voluntariness, coherence and consistency, and accept it if satisfied Correct answer.

Explanation

No prescribed form or medical certification is mandatory for a dying declaration. The court examines whether the statement was voluntary, whether the deceased was mentally fit, and whether it is coherent and consistent. If satisfied, it can be acted upon as substantive evidence.

Question 50Criminal Law

A husband and wife, along with the husband's brother, subject a woman to cruelty for dowry. The woman dies of burns within seven years of marriage, and the evidence shows she was subjected to cruelty soon before death. Which provision is most directly attracted?

  1. Murder under the BNS
  2. Causing death by negligence under the BNS
  3. Abetment of suicide under the BNS
  4. Dowry death under the BNS Correct answer.

Explanation

Section 80 of the BNS punishes dowry death where a woman dies of burns or bodily injury, or otherwise than under normal circumstances, within seven years of marriage and there was cruelty or harassment for dowry soon before death. The presumption of dowry death then operates against the husband or relative. Murder requires proof of the specific mens rea of that offence.