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CG Civil Judge Exam practice questions

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Question 1Civil Law and Procedure

Under the Code of Civil Procedure, 1908, a suit for recovery of immovable property is ordinarily to be instituted in the court within whose jurisdiction the property is situate. Which provision embodies this rule?

  1. Section 16 Correct answer.
  2. Section 20
  3. Section 15
  4. Section 9

Explanation

Section 16 CPC lays down that suits for recovery of possession of immovable property, partition, foreclosure, sale or redemption of a mortgage of immovable property, and determination of any other right or interest in immovable property must be brought where the property is situate. Section 15 deals with pecuniary jurisdiction and Section 20 with the general place of suing.

Question 2Civil Law and Procedure

A plaint is returned under Order VII Rule 10 CPC for presentation to the proper court. What is the legal effect of such return on the suit?

  1. The suit abates unless the plaintiff files a fresh plaint within thirty days
  2. The suit is deemed dismissed and only an appeal lies against the order
  3. The suit retains its original institution date for all purposes including limitation
  4. The suit is treated as instituted afresh on the date of its presentation to the proper court Correct answer.

Explanation

A plaint returned under Order VII Rule 10 is not a nullity, but the suit is regarded as freshly instituted in the proper court on the date it is presented there. Section 14 of the Limitation Act may assist the plaintiff in excluding the time spent in the wrong court if the conditions of that section are satisfied.

Question 3Civil Law and Procedure

Which of the following is a settled consequence of the doctrine of res judicata under Section 11 CPC?

  1. Res judicata applies only where the former suit was decided on the merits after a full trial
  2. A finding on an issue that was not directly and substantially in issue does not operate as res judicata Correct answer.
  3. A matter directly and substantially in issue in a former suit between the same parties is barred even if the former court lacked jurisdiction over the subject matter
  4. The bar operates only against the plaintiff and not against the defendant

Explanation

Section 11 bars re-litigation only of matters that were directly and substantially in issue in the former suit and decided by a competent court. Incidental or collateral findings, which were not directly and substantially in issue, do not attract the bar.

Question 4Civil Law and Procedure

A defendant wishes to raise a claim for a set-off against the plaintiff's demand for money. Under Order VIII Rule 6 CPC, the set-off must be pleaded in the written statement. What is the effect of failing to plead it there?

  1. The defendant is generally precluded from raising it later, though the court may permit amendment Correct answer.
  2. The defendant may plead it only with the leave of the court after the first hearing
  3. The defendant may raise it at any stage before judgment
  4. The defendant forfeits the claim altogether and cannot sue separately

Explanation

Order VIII Rule 6 requires a set-off to be pleaded in the written statement, and Order VIII Rule 6A deals with a counterclaim. Failure to plead ordinarily precludes later raising it, but the court retains power to allow amendment, and the defendant's substantive right to sue separately remains.

Question 5Civil Law and Procedure

Under the Limitation Act, 1963, what is the limitation period for a suit for possession of immovable property based on title, where the plaintiff has been dispossessed?

  1. Thirty years from the date of the defendant's adverse possession
  2. Six years from the date the plaintiff first learnt of the dispossession
  3. Three years from the date of dispossession
  4. Twelve years from the date of dispossession Correct answer.

Explanation

Article 65 of the Limitation Act prescribes twelve years from the date the possession of the defendant becomes adverse to the plaintiff for a suit for possession of immovable property based on title. For suits by a person dispossessed, the period runs from the date of dispossession.

Question 6Civil Law and Procedure

A plaint is rejected under Order VII Rule 11 CPC for non-disclosure of a cause of action. What is the appropriate remedy available to the plaintiff?

  1. An appeal under Section 96 CPC against the order of rejection Correct answer.
  2. An application for restoration of the suit under Order IX
  3. A review application to the same court
  4. A revision under Section 115 CPC only, since no appeal lies

Explanation

An order rejecting a plaint under Order VII Rule 11 is a decree within the meaning of Section 2(2) CPC and is therefore appealable under Section 96. Restoration under Order IX concerns dismissal for default, not rejection of a plaint.

Question 7Civil Law and Procedure

Which of the following best describes the nature of an ex parte decree under the Code of Civil Procedure?

  1. A decree passed by a court on a reference from another court
  2. A decree passed in the absence of the defendant after valid service, which may be set aside under Order IX Rule 13 Correct answer.
  3. A decree passed without the defendant being served with summons and hence void
  4. A decree passed after the defendant admits the claim in the written statement

Explanation

An ex parte decree is one passed against a defendant who failed to appear despite proper service of summons. It is valid unless set aside, and the defendant may apply under Order IX Rule 13 to set it aside on showing sufficient cause and a defence on the merits.

Question 8Civil Law and Procedure

A party to a suit seeks to summon a witness who is a senior government officer. Under the Code of Civil Procedure, what is the court's power regarding the attendance of such a witness?

  1. The court has no power to summon a government servant as a witness
  2. The court may summon the officer, and the officer is bound to attend unless exempted by law Correct answer.
  3. The court must issue a commission in every case instead of summoning the officer
  4. The court may require the officer's attendance but must first obtain the sanction of the government

Explanation

Section 132 CPC provides that a person present in court may be required to give evidence, and Section 32 read with Order XVI empowers the court to summon witnesses. Government officers are not immune from attendance, though the court may consider issuing a commission where appropriate.

Question 9Civil Law and Procedure

In a suit for partition of joint family property, the court finds that some properties are not available for partition because they belong to a third party. What is the appropriate course?

  1. The court must dismiss the entire suit as the subject matter is not wholly partible
  2. The court must transfer the suit to the court where the third party resides
  3. The court must refer the entire dispute to arbitration
  4. The court may pass a preliminary decree declaring the shares of the parties and leave the disputed property to be determined later Correct answer.

Explanation

Order XX Rule 18 CPC empowers the court to pass a preliminary decree in a partition suit, declaring the shares of the parties. Where a property's title is disputed by a third party, the court may exclude it from the preliminary decree and leave the question to be decided in a separate proceeding.

Question 10Civil Law and Procedure

Under the Specific Relief Act, 1963, which of the following contracts cannot be specifically enforced?

  1. A contract to execute a formal lease deed already agreed upon
  2. A contract for personal services involving personal qualifications Correct answer.
  3. A contract to execute a mortgage in favour of the plaintiff
  4. A contract for the sale of a unique antique painting

Explanation

Section 14 of the Specific Relief Act, 1963 declares that contracts for personal service or depending on the personal qualifications of a party are not specifically enforceable. The remedy lies in damages, and courts will not compel personal service.

Question 11Civil Law and Procedure

A plaintiff seeks an injunction to restrain the defendant from building on land over which the plaintiff claims an easement of light. Which principle governs the grant of a permanent injunction under the Specific Relief Act, 1963?

  1. An injunction is granted as of right whenever the plaintiff proves any interference with the easement
  2. An injunction is granted where the plaintiff establishes a legal right and the defendant's act amounts to a material and substantial invasion of that right Correct answer.
  3. An injunction is granted only if the plaintiff proves actual financial loss
  4. An injunction is granted only after the plaintiff obtains a decree for possession

Explanation

Section 38 of the Specific Relief Act empowers the court to grant a permanent injunction to prevent the breach of an obligation existing in the plaintiff's favour. The plaintiff must establish a legal right and a material or substantial invasion, and the relief remains discretionary.

Question 12Civil Law and Procedure

Under the Transfer of Property Act, 1882, what is the effect of a transfer of property made with the intent to defeat or delay creditors of the transferor?

  1. The transfer is void ab initio and passes no title whatsoever
  2. The transfer is voidable at the option of any creditor so defeated or delayed Correct answer.
  3. The transfer is valid for a period of one year and then becomes void
  4. The transfer is valid and creditors have no remedy except to sue for damages

Explanation

Section 53 of the Transfer of Property Act makes a transfer of immovable property made with intent to defeat or delay creditors voidable at the option of any creditor so defeated or delayed. The transfer is not void ab initio and remains valid until avoided by a creditor.

Question 13Civil Law and Procedure

A person transfers property to another with a direction that the transferee shall hold it for the benefit of a third person. Which doctrine of the Transfer of Property Act, 1882 applies?

  1. Doctrine of part performance
  2. Doctrine of lis pendens
  3. Doctrine of transfer for benefit of unborn person under Section 13 Correct answer.
  4. Doctrine of feeding the estoppel

Explanation

Section 13 of the Transfer of Property Act permits a transfer of property for the benefit of an unborn person, provided the interest created is preceded by a life interest in favour of some person living at the date of transfer and the whole remaining interest is transferred to the unborn person. The provision ensures the property is held for the benefit of the unborn beneficiary.

Question 14Civil Law and Procedure

Under the Hindu Marriage Act, 1955, which of the following is a ground available to the wife alone for seeking divorce?

  1. Cruelty by the husband
  2. The husband having been guilty of rape after the marriage Correct answer.
  3. Adultery by the husband
  4. Desertion of the wife for two years

Explanation

Section 13(2) of the Hindu Marriage Act provides special grounds on which only the wife may seek divorce, including that the husband has been guilty of rape, sodomy or bestiality after the marriage. Adultery, cruelty and desertion are grounds available to either spouse under Section 13(1).

Question 15Civil Law and Procedure

A Hindu male dies intestate leaving behind his widow and two sons. How is his separate property distributed under the Hindu Succession Act, 1956?

  1. The widow takes one share equal to each son, so all three take equal shares Correct answer.
  2. The widow takes one-third and each son takes one-third
  3. The widow takes one-half and each son takes one-fourth
  4. The sons take the entire property to the exclusion of the widow

Explanation

Under Section 8 read with the Schedule of the Hindu Succession Act, 1956, the property devolves first on the heirs in Class I, which includes the widow and sons. Section 10 distributes the intestate's property equally among the heirs in the same class, so the widow and each son take one equal share.

Question 16Civil Law and Procedure

Under the Indian Succession Act, 1925, a will required to be attested must be proved. Which mode of proof is prescribed where the attesting witnesses are dead or cannot be found?

  1. Proof by the scribe of the will alone
  2. Proof of the handwriting of the testator and of at least one attesting witness Correct answer.
  3. Proof by the propounder's affidavit alone
  4. Proof by the certificate of the registering officer alone

Explanation

Section 69 of the Indian Evidence Act, 1872, applicable to wills, provides that where no attesting witness is available, the will may be proved by proving the handwriting of at least one attesting witness and the handwriting of the testator. Section 68 requires at least one attesting witness to be called where available.

Question 17Civil Law and Procedure

Under the Indian Contract Act, 1872, a contract made by a minor is void ab initio. What is the legal position regarding a suit for restoration of benefits received by a minor under such an agreement?

  1. No suit lies against the minor for restoration in any circumstance
  2. The minor is personally liable to compensate the other party in money
  3. A suit lies for restoration of the specific property or benefits traceable to the minor's estate Correct answer.
  4. The minor becomes liable on attaining majority automatically

Explanation

Following Mohori Bibee v Dharmodas Ghose, an agreement with a minor is void, so no contractual liability arises. However, equity permits restoration of specific property or benefits traceable to the minor's estate, though the minor is not personally liable to compensate in money.

Question 18Civil Law and Procedure

Under the Indian Contract Act, 1872, which of the following agreements is void for want of consideration?

  1. An agreement to compensate a person for a past voluntary act done for the promisor
  2. An agreement to pay a time-barred debt, made in writing and signed
  3. An agreement made out of natural love and affection between parties standing in near relation, in writing and registered
  4. An agreement by a stranger to a contract to enforce it against the promisor Correct answer.

Explanation

Under Section 2(d) and the privity rule, consideration must move from the promisee, and a stranger to the contract cannot enforce it. Sections 25(1) and 25(2) save agreements made out of natural love and affection and promises to compensate for past voluntary acts, and Section 25(3) saves written promises to pay time-barred debts.

Question 19Civil Law and Procedure

Under the Indian Easements Act, 1882, which of the following is an essential characteristic of an easement?

  1. The right must be exercised over the servient heritage for the beneficial enjoyment of the dominant heritage Correct answer.
  2. The right must be capable of assignment independently of the dominant heritage
  3. The right must confer exclusive possession of the servient heritage on the dominant owner
  4. The right must be created only by a registered instrument

Explanation

Section 4 of the Indian Easements Act defines an easement as a right which the owner or occupier of certain land possesses, for the beneficial enjoyment of that land, to do or continue to do something in or upon other land not his own. The right is appurtenant to the dominant heritage and does not confer possession of the servient heritage.

Question 20Civil Law and Procedure

A defendant against whom a decree for a permanent injunction has been passed violates it during the pendency of an appeal. What is the court's power under Order XXXIX Rule 2A CPC?

  1. The court may only warn the defendant and cannot punish him during appeal
  2. The court may attach the property of the defendant and detain him in civil prison for disobedience Correct answer.
  3. The court must stay the decree automatically on filing of the appeal
  4. The court may impose a fine but cannot order detention

Explanation

Order XXXIX Rule 2A CPC empowers the court to enforce an order of injunction by attachment of the property of the disobedient party and, in appropriate cases, by detention in civil prison. Mere filing of an appeal does not operate as a stay unless the appellate court so orders.

Question 21Civil Law and Procedure

Under the Code of Civil Procedure, what is the consequence where a plaintiff fails to pay the court fee within the time granted by the court?

  1. The court must extend time indefinitely
  2. The plaint is returned to the plaintiff for presentation afresh
  3. The suit is automatically decreed in the plaintiff's favour
  4. The suit is liable to be dismissed for non-prosecution or for failure to comply with the court's order Correct answer.

Explanation

Failure to comply with an order requiring payment of court fee within the time fixed may lead to dismissal of the suit for non-prosecution or for non-compliance with the court's order under Order XVII or Section 148 CPC. The court may also extend time in appropriate cases, but dismissal is the ordinary consequence of persistent default.

Question 22Civil Law and Procedure

A suit is filed against a firm in its firm name. Under Order XXX CPC, what is the legal position regarding the partners?

  1. Any person served with summons as a partner may appear and defend, and the decree may be executed against partners who were served Correct answer.
  2. Only the partners who are actually served can be made liable in execution
  3. The suit is not maintainable unless all partners are impleaded by name
  4. The firm name cannot be used in the plaint at all

Explanation

Order XXX CPC allows a firm to sue and be sued in its firm name. Any person served as a partner may appear and defend, and a decree against the firm may be executed against the partners who were served, subject to the procedure in the Order.

Question 23Civil Law and Procedure

Under the Code of Civil Procedure, a court may issue a commission for the examination of a witness. Which of the following is a valid ground under Order XXVI?

  1. The witness is an expert whose opinion is sought
  2. The witness resides beyond the limits of the court's jurisdiction Correct answer.
  3. The witness has already been examined in chief
  4. The witness is a party to the suit

Explanation

Order XXVI Rule 4 CPC permits the court to issue a commission for the examination of a witness who resides beyond the limits of the court's jurisdiction or who is unable to attend the court for reasons such as sickness or infirmity. The procedure is meant to secure evidence that would otherwise be unavailable.

Question 24Civil Law and Procedure

A decree-holder seeks execution of a money decree against a judgment-debtor. Which of the following properties is exempt from attachment under Section 60 CPC?

  1. The judgment-debtor's salary to the extent exempted by the proviso Correct answer.
  2. A shop used for the judgment-debtor's business
  3. A promissory note held by the judgment-debtor
  4. A house occupied by the judgment-debtor

Explanation

Section 60 CPC lists properties liable to attachment and sale in execution, and its proviso exempts certain properties including a portion of the salary of the judgment-debtor. The exemption is limited and calculated according to the statutory formula.

Question 25Civil Law and Procedure

Under the Code of Civil Procedure, an application for execution of a decree must be made within the period prescribed by the Limitation Act. What is that period under Article 136 of the Limitation Act, 1963?

  1. Six years from the date of the decree
  2. Three years from the date of the decree
  3. Twelve years from the date of the decree or from the date of the last order Correct answer.
  4. One year from the date of the decree

Explanation

Article 136 of the Limitation Act, 1963 prescribes twelve years from the date of the decree or from the date of the last order for the execution of a decree or order of any civil court. The period runs from the date of the decree or the last order, whichever is later.

Question 26Civil Law and Procedure

Under the Code of Civil Procedure, 1908, a plaint is liable to be rejected under Order VII Rule 11 where the relief claimed is undervalued and the plaintiff fails to correct the valuation within the time fixed by the court. Which power does the court exercise in such a case?

  1. It may reject the plaint Correct answer.
  2. It may allow the plaintiff to pay the deficit court fee with penalty
  3. It may return the plaint for presentation to the proper court
  4. It may transfer the suit to another court

Explanation

Order VII Rule 11(c) CPC mandates rejection of the plaint where the relief is undervalued and the plaintiff fails to correct the valuation within the time fixed. Rejection under this rule is a decree against the plaintiff, appealable under Section 96. Returning the plaint under Order VII Rule 10 applies where the court lacks jurisdiction, not where valuation is defective.

Question 27Civil Law and Procedure

A plaintiff files a suit for declaration and injunction before the court of the Civil Judge (Junior Division). The defendant raises an objection that the suit is barred by limitation. Under the Code of Civil Procedure, 1908, how should the court deal with this objection?

  1. It must defer the objection until final arguments
  2. It must refer the objection to the appellate court
  3. It may try the objection as a preliminary issue if it relates to a pure question of law Correct answer.
  4. It must try the objection as a preliminary issue before framing other issues

Explanation

Order XIV Rule 2 CPC empowers the court to try as a preliminary issue any issue relating to jurisdiction or to a bar created by any law, provided it can be decided on the basis of the pleadings and documents alone. Limitation is a mixed question of fact and law and is ordinarily decided along with other issues unless it can be disposed of as a pure question of law.

Question 28Civil Law and Procedure

In a suit for recovery of money, the defendant sets up a counterclaim exceeding the pecuniary jurisdiction of the court. Under the Code of Civil Procedure, 1908, what is the correct course?

  1. The court must return the counterclaim for presentation before the proper court Correct answer.
  2. The court may treat the counterclaim as a plaint and proceed if it has jurisdiction over the original suit
  3. The counterclaim automatically transfers the suit to the court of higher jurisdiction
  4. The counterclaim must be excluded and the defendant relegated to a separate suit

Explanation

Order VIII Rule 6A CPC treats a counterclaim as a plaint, and the court must apply the same rules of jurisdiction. If the counterclaim exceeds the pecuniary limits of the court, it cannot be entertained and must be returned for presentation to the court having jurisdiction, while the original suit may continue.

Question 29Civil Law and Procedure

A defendant fails to file a written statement within the time allowed by the court. Under the Code of Civil Procedure, 1908, what is the consequence?

  1. The court must pronounce judgment against the defendant forthwith
  2. The suit is dismissed for default
  3. The defendant forfeits the right to cross-examine the plaintiff's witnesses
  4. The court may permit the defendant to file the written statement on payment of costs Correct answer.

Explanation

Order VIII Rule 1 CPC requires the written statement within thirty days, extendable up to ninety days. If the defendant fails, the court has discretion under Order VIII Rule 10 to pronounce judgment or to permit filing on terms, including costs. Pronouncement of judgment is not mandatory in every case.

Question 30Civil Law and Procedure

A suit is instituted against a minor defendant. Under the Code of Civil Procedure, 1908, which of the following is the correct requirement regarding the appointment of a guardian ad litem?

  1. The plaintiff may nominate any person as guardian ad litem without the court's approval
  2. The court must appoint a guardian ad litem after issuing notice to the proposed guardian and satisfying itself of his fitness Correct answer.
  3. The court must appoint the nearest adult relative as guardian ad litem without notice
  4. The minor must be represented by the next friend of the plaintiff

Explanation

Order XXXII Rule 3 CPC requires the court, where the defendant is a minor, to appoint a guardian ad litem after notice to the proposed guardian and after satisfying itself that the person is a fit person. The appointment is subject to the court's discretion and the guardian must not have an adverse interest.

Question 31Civil Law and Procedure

A decree-holder applies for execution of a money decree. The judgment-debtor objects that the execution application is barred by limitation. Under the Limitation Act, 1963 read with the Code of Civil Procedure, 1908, what is the period of limitation for execution of a money decree?

  1. Six years from the date of the decree
  2. Twelve years from the date of the decree or from the date of the last order on the execution application Correct answer.
  3. Three years from the date of the decree
  4. One year from the date of the decree

Explanation

Article 136 of the Limitation Act, 1963 prescribes twelve years for the execution of any decree or order of a civil court, computed from the date of the decree or order or from the date of the last order made on an application for execution. This period is longer than the three-year period for a suit for money.

Question 32Civil Law and Procedure

A court passes an order under Section 151 CPC restoring a suit dismissed for default. Which of the following best describes the nature of this power?

  1. It is a power of review under Section 114 CPC
  2. It is a power of revision under Section 115 CPC
  3. It is an appellate power under Section 96 CPC
  4. It is an inherent power exercisable to meet the ends of justice Correct answer.

Explanation

Section 151 CPC preserves the inherent power of the court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court. Restoration of a suit dismissed for default is a classic exercise of this inherent power where no other remedy is provided.

Question 33Civil Law and Procedure

A plaint is returned under Order VII Rule 10 CPC for presentation to the proper court. The plaintiff re-files the suit in the proper court after the expiry of the limitation period. Under Section 14 of the Limitation Act, 1963, how is the period spent in the first court treated?

  1. The period is excluded only if the first court had jurisdiction
  2. The entire period is excluded if the plaintiff prosecuted the first suit with due diligence and in good faith Correct answer.
  3. The period is never excluded because the plaint was returned
  4. The period is excluded only to the extent of sixty days

Explanation

Section 14 of the Limitation Act, 1963 allows exclusion of time spent in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain the suit. The plaintiff must have prosecuted the earlier proceeding with due diligence and in good faith. Return of the plaint under Order VII Rule 10 is a typical situation for applying this provision.

Question 34Civil Law and Procedure

Under the Code of Civil Procedure, 1908, which of the following is a condition precedent for the court to refer a dispute to arbitration under Section 89 CPC?

  1. The suit must be pending before a High Court
  2. The parties must have entered into a written arbitration agreement before the institution of the suit
  3. The dispute must be commercial in nature
  4. The court must be satisfied that there exist elements of a settlement which may be acceptable to the parties Correct answer.

Explanation

Section 89 CPC, as amended, requires the court to formulate the terms of settlement and to be satisfied that there exist elements of a settlement which may be acceptable to the parties before referring the dispute to arbitration or other alternative dispute resolution methods. A prior arbitration agreement is not a precondition for a Section 89 reference.

Question 35Civil Law and Procedure

A plaintiff obtains an ex parte decree. The defendant applies under Order IX Rule 13 CPC to set aside the decree. Which of the following is a ground on which the court may set aside the ex parte decree?

  1. The defendant was served with summons but chose not to appear
  2. The defendant was dissatisfied with the decree
  3. The defendant was not duly served with summons Correct answer.
  4. The plaintiff did not press for costs

Explanation

Order IX Rule 13 CPC permits the court to set aside an ex parte decree where it is satisfied that the summons was not duly served or that the defendant was prevented by sufficient cause from appearing when the suit was called for hearing. Service of summons is a fundamental requirement for a valid decree.

Question 36Civil Law and Procedure

Under the Code of Civil Procedure, 1908, a court may issue a commission for the examination of a witness. Which of the following is a valid ground for issuing such a commission?

  1. The witness is a woman
  2. The witness is a senior government officer whose presence cannot be procured without undue delay Correct answer.
  3. The witness is a party to the suit
  4. The witness resides beyond the local limits of the court's jurisdiction

Explanation

Order XXVI Rule 4 CPC permits the court to issue a commission for the examination of a witness who is exempted from attending court under the Code or who, by reason of his rank or position, cannot be required to attend without undue delay. Senior government officers are a typical example.

Question 37Civil Law and Procedure

A suit is filed against a partnership firm in its firm name. Under Order XXX CPC, what is the legal position regarding the partners?

  1. The partners are automatically liable and may be proceeded against without being named Correct answer.
  2. Only the firm is liable and the partners cannot be sued
  3. The partners are not necessary parties but may be added with leave of the court
  4. The suit is not maintainable against a firm in its firm name

Explanation

Order XXX Rule 1 CPC permits a suit against a firm in its firm name, and Rule 2 provides that the partners are liable and may be proceeded against. The plaintiff may sue the firm in its name and the partners are not required to be named individually, though the plaint must disclose the names of the partners.

Question 38Civil Law and Procedure

A court passes a decree for permanent injunction. The defendant violates the injunction during the pendency of an appeal. Under Order XXXIX Rule 2A CPC, what is the correct remedy?

  1. The plaintiff must wait for the appeal to be decided
  2. The plaintiff must file a separate suit for damages
  3. The plaintiff may apply for a review of the decree
  4. The plaintiff may apply for attachment of the defendant's property or for civil imprisonment Correct answer.

Explanation

Order XXXIX Rule 2A CPC provides for enforcement of an injunction by attachment of the property of the disobedient party or by civil imprisonment. The violation of an injunction, even during the pendency of an appeal, is punishable under this rule.

Question 39Civil Law and Procedure

Under Section 34 of the Code of Civil Procedure, 1908, a court may award interest on the principal sum adjudged. Which of the following is the correct statement regarding the rate of interest?

  1. The court has no power to award interest on the principal sum
  2. The court may award interest only from the date of the decree
  3. The court may award interest at a rate not exceeding the current rate of interest from the date of the suit to the date of the decree Correct answer.
  4. The court must award interest at the contractual rate in all cases

Explanation

Section 34 CPC empowers the court to award interest at such rate as it deems fit, not exceeding the current rate of interest, from the date of the suit to the date of the decree, and thereafter until payment. The court has discretion and is not bound by the contractual rate.

Question 40Civil Law and Procedure

A plaintiff files a suit for partition of joint family property. The court finds that one of the properties is not available for partition because it is owned by a third party. What is the proper course under the Code of Civil Procedure, 1908?

  1. The court must refer the dispute to arbitration
  2. The court may pass a preliminary decree for partition of the available properties and leave the disputed property to be determined in a separate suit Correct answer.
  3. The court must dismiss the entire suit
  4. The court must add the third party as a defendant and proceed

Explanation

In a partition suit, the court may pass a preliminary decree declaring the shares of the parties and directing partition of the properties available for partition. Property belonging to a third party cannot be partitioned in the suit, and the plaintiff may be left to establish his title in a separate suit.

Question 41Criminal Law and Procedure

Under the Bharatiya Nyaya Sanhita, 2023, which provision defines 'act' to include a series of acts as well as a single act, and 'omission' to include a series of omissions as well as a single omission?

  1. Section 44
  2. Section 356
  3. Section 2(1)
  4. Section 3(4) Correct answer.

Explanation

Section 3(4) of the Bharatiya Nyaya Sanhita, 2023 carries the definition clause stating that 'act' denotes as well a series of acts as a single act, and 'omission' denotes as well a series of omissions as a single omission. This definition is essential for construing continuing acts and continuing offences.

Question 42Criminal Law and Procedure

A person is prosecuted for an offence punishable with imprisonment up to seven years. Which court may try the offence under the Bharatiya Nagarik Suraksha Sanhita, 2023, in the ordinary course?

  1. Chief Judicial Magistrate
  2. Judicial Magistrate of the first class Correct answer.
  3. Court of Session
  4. Executive Magistrate

Explanation

Under the BNSS, 2023, offences punishable with imprisonment for a term exceeding three years but not exceeding seven years are triable by a Judicial Magistrate of the first class. The Court of Session tries more serious offences. Executive Magistrates do not try offences under the criminal procedure code.

Question 43Criminal Law and Procedure

Which of the following best describes the requirement of 'mens rea' in criminal liability?

  1. The harm caused to the victim
  2. The guilty mind or mental element accompanying the prohibited act Correct answer.
  3. The punishment prescribed for the offence
  4. The physical act constituting the offence

Explanation

Mens rea refers to the mental element, such as intention, knowledge, or rashness, that accompanies the prohibited act (actus reus). Both elements are generally required for criminal liability unless the statute excludes mens rea.

Question 44Criminal Law and Procedure

A person who aids another in the commission of an offence by supplying the weapon, knowing that it will be used to commit murder, is liable as:

  1. An abettor under Section 45 of the BNS Correct answer.
  2. An accessory after the fact
  3. A person guilty of criminal conspiracy only
  4. A principal offender only

Explanation

Section 45 of the BNS defines abetment, which includes intentionally aiding the doing of a thing. Supplying a weapon with knowledge of its intended use amounts to abetment by aiding. The abettor is liable for the offence abetted.

Question 45Criminal Law and Procedure

Under the Bharatiya Nyaya Sanhita, 2023, the offence of criminal conspiracy is defined in which section?

  1. Section 62
  2. Section 64
  3. Section 61 Correct answer.
  4. Section 63

Explanation

Section 61 of the BNS, 2023 defines criminal conspiracy. It covers an agreement between two or more persons to do an illegal act or to do a lawful act by illegal means.

Question 46Criminal Law and Procedure

Which of the following is a general exception to criminal liability under the Bharatiya Nyaya Sanhita, 2023?

  1. Poverty of the accused
  2. Voluntary intoxication
  3. Act done by a child below seven years of age Correct answer.
  4. Mistake of law

Explanation

Section 20 of the BNS, 2023 provides that nothing done by a child under seven years of age is an offence. This is a general exception based on doli incapax. The other options do not constitute general exceptions.

Question 47Criminal Law and Procedure

A police officer arrests a person without a warrant. Under the BNSS, 2023, which of the following is a mandatory requirement for such arrest?

  1. The officer must obtain prior approval of the Magistrate
  2. The officer must record the reasons in writing and inform the arrested person of the grounds of arrest Correct answer.
  3. The officer must release the person on bail immediately
  4. The officer must produce the person before the Sessions Court within 48 hours

Explanation

The BNSS, 2023 requires that the arresting officer record the reasons in writing and communicate the grounds of arrest to the arrested person. This safeguards the right against arbitrary arrest. Production is normally before a Magistrate within twenty-four hours.

Question 48Criminal Law and Procedure

In which of the following situations is the right of private defence of body available?

  1. When the harm is threatened after a long interval
  2. When the accused is the aggressor
  3. When the accused seeks revenge
  4. When there is reasonable apprehension of imminent harm to the accused Correct answer.

Explanation

The right of private defence of body arises when there is a reasonable apprehension of imminent danger to oneself or another. It cannot be availed by an aggressor or for revenge. The right must be exercised in proportion to the threat.

Question 49Criminal Law and Procedure

A commits theft of a mobile phone from B's pocket. Under the Bharatiya Nyaya Sanhita, 2023, which section defines theft?

  1. Section 303 Correct answer.
  2. Section 306
  3. Section 304
  4. Section 305

Explanation

Section 303 of the BNS, 2023 defines theft as the dishonest taking of movable property out of the possession of any person without that person's consent. The definition retains the essential elements of the former offence.

Question 50Criminal Law and Procedure

Which of the following is an essential ingredient of the offence of cheating under the Bharatiya Nyaya Sanhita, 2023?

  1. Dishonest inducement resulting in delivery of property Correct answer.
  2. Use of force
  3. Trespass on property
  4. Breach of contract without more

Explanation

Cheating under Section 318 of the BNS, 2023 requires a dishonest or fraudulent inducement causing the deceived person to deliver property or consent to retention of property. A mere breach of contract is not cheating unless fraudulent intention existed at the inception.