I85PREP
⌘ K
MP Civil Judge study materials
MP Civil Judge study resources

MP Civil Judge practice questions

One question at a time. Build your MP Civil Judge understanding.

First 50 of 200 questions. Each one lists the choices, the correct answer, and an explanation. The checker at the top of this page saves progress in this browser when it is available.

Continue in the practice tool above to load more questions, 50 at a time.

Question 1Civil Law

Under the Transfer of Property Act, 1882, which of the following is an essential ingredient of a valid gift of immovable property?

  1. Payment of consideration by the donee to the donor
  2. Delivery of possession of the property to the donee
  3. Acceptance of the gift by the donee during the donor's lifetime
  4. Registration of the gift deed where the property is immovable Correct answer.

Explanation

Section 123 of the Transfer of Property Act requires that a gift of immovable property be effected by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses. Mere delivery of possession or acceptance does not substitute for registration. Consideration is foreign to the concept of a gift, which must be made without consideration.

Question 2Civil Law

A minor enters into a contract for the purchase of a bicycle. Which statement correctly states the legal position under the Indian Contract Act, 1872?

  1. The contract is voidable at the option of the minor on attaining majority
  2. The contract is valid but enforceable only against the minor's guardian
  3. The contract is enforceable against the minor's estate to the extent of benefits received
  4. The contract is void ab initio as a minor lacks capacity to contract Correct answer.

Explanation

Section 11 of the Indian Contract Act provides that a person who has not attained the age of majority is not competent to contract. A contract with a minor is therefore void ab initio, not merely voidable. The doctrine of restitution may permit recovery of benefits in certain cases, but it does not make the agreement enforceable as a contract.

Question 3Civil Law

Under the Hindu Marriage Act, 1955, which of the following is a ground for a decree of nullity of marriage under Section 12?

  1. The parties have lived apart for one year before the petition
  2. The respondent has failed to consummate the marriage for one year
  3. The marriage was solemnised without the consent of the bride's parents
  4. The respondent was of unsound mind at the time of the marriage Correct answer.

Explanation

Section 12 of the Hindu Marriage Act permits annulment where the marriage is voidable, including cases where the respondent was of unsound mind or unfit for marriage and procreation at the time of marriage. Non-consummation, absence of parental consent, and mere separation are not grounds under this provision. These matters fall under different provisions or are irrelevant to nullity.

Question 4Civil Law

Which of the following is a distinguishing feature of a mortgage by conditional sale under Section 58(c) of the Transfer of Property Act?

  1. The mortgagee obtains possession immediately and retains it permanently
  2. The sale becomes absolute on default, subject to a condition of retransfer on repayment Correct answer.
  3. The mortgagor sells the property outright with no right of redemption
  4. The transaction is treated as a lease with an option to purchase

Explanation

In a mortgage by conditional sale, the mortgagor ostensibly sells the property on condition that the sale becomes absolute on default of payment, or that the buyer shall retransfer the property on repayment. The essential feature is the conditional nature of the sale coupled with a right of redemption. It is not an outright sale, a lease, or a permanent transfer of possession.

Question 5Civil Law

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

  1. Six years from the date of knowledge of dispossession
  2. Three years from the date of dispossession
  3. Twelve years from the date when the cause of action arises Correct answer.
  4. Thirty years from the date of the title deed

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. The period runs from the date when the cause of action arises. Shorter periods apply to different categories, such as suits for possession based on prior possession rather than title.

Question 6Civil Law

A person who is not a party to a contract seeks to enforce a benefit conferred by it on him. Under the Indian Contract Act, which principle generally applies?

  1. Any beneficiary named in a contract may sue directly as a matter of right
  2. A third-party beneficiary may sue only if the contract is registered
  3. Only a party to the contract may enforce it, subject to recognised exceptions Correct answer.
  4. The promisor may choose which beneficiary to pay at his discretion

Explanation

The general rule of privity of contract is that only parties to a contract can enforce it. Indian law recognises exceptions such as trust or charge created by the contract, family arrangements, and agency, but mere third-party benefit does not confer a right of action. Registration of the contract does not alter this position.

Question 7Civil Law

Under the Specific Relief Act, 1963, which of the following is true of a decree for specific performance of a contract?

  1. It may be granted even where the contract is void under the Contract Act
  2. It is a discretionary remedy granted where damages are an inadequate remedy Correct answer.
  3. It is available only in respect of movable property
  4. It is available as of right whenever a contract exists

Explanation

Section 10 of the Specific Relief Act provides that specific performance is granted at the discretion of the court, and the discretion is not arbitrary but guided by judicial principles. Relief is ordinarily given where monetary compensation would not adequately remedy the breach. A void contract cannot be specifically enforced, and the remedy is not confined to movable property.

Question 8Civil Law

Which of the following correctly describes the doctrine of part performance under Section 53A of the Transfer of Property Act?

  1. It confers title on the transferee in possession
  2. It validates an unregistered sale deed for all purposes
  3. It applies only where the transfer is by way of gift
  4. It bars the transferor from enforcing rights against a transferee in possession who has performed his part Correct answer.

Explanation

Section 53A operates as a shield and not a sword: where the transferee has taken possession and performed his part of an unregistered contract, the transferor is debarred from enforcing against him any right in respect of the property. It does not confer title, though it protects possession. It applies to contracts for transfer for consideration and not to gifts.

Question 9Civil Law

A contract is entered into by a person who, at the time of contracting, was unable to understand the terms due to intoxication. Which statement best reflects the position under the Indian Contract Act?

  1. The contract is enforceable only if the other party was also intoxicated
  2. The contract is voidable at the option of the intoxicated person
  3. The contract is valid because intoxication is self-induced
  4. The contract is void and cannot be ratified on regaining sanity Correct answer.

Explanation

Section 12 provides that a person of unsound mind is competent to contract only if capable of understanding the contract and forming a rational judgment as to its effect on his interests. A person who is intoxicated to the point of incapacity is treated on the same footing, and the agreement is void. Because it is void, it cannot be ratified upon regaining sanity.

Question 10Civil Law

A mortgagor transfers the mortgaged property to a third party without the mortgagee's consent. What is the effect under the Transfer of Property Act?

  1. The transfer is void and the third party acquires no interest
  2. The transfer is valid only if the mortgagee is given notice within one month
  3. The transfer is valid, but the transferee takes the property subject to the mortgage Correct answer.
  4. The transfer discharges the mortgage and extinguishes the debt

Explanation

Under Section 60A and related provisions, a mortgagor's right to redeem and the mortgagee's rights are not destroyed by an unauthorised transfer of the mortgaged property. The transfer is not void; the transferee takes the property subject to the mortgage, and the mortgagee's rights remain enforceable against the property. Notice does not validate the transfer, nor does it discharge the debt.

Question 11Civil Law

In a suit for partition of joint family property, a purchaser from one coparcener of an undivided interest seeks to be impleaded. Which statement is correct?

  1. He can be impleaded only with the consent of all coparceners
  2. He must first obtain a decree against his vendor before joining the suit
  3. He has no locus standi because the coparcener's interest is undivided
  4. He may be impleaded as a party as his vendor's interest is liable to be partitioned Correct answer.

Explanation

A purchaser of an undivided coparcener's interest acquires that interest and is entitled to be impleaded in a partition suit so that the share may be worked out. The undivided nature of the interest does not bar impleadment; the purchaser steps into the vendor's shoes for the limited purpose of partition. Consent of the other coparceners is not required.

Question 12Civil Law

A testator executes a will bequeathing property to his son, but later executes a second will dealing with the same property inconsistently. Which will prevails?

  1. The first will, because it is earlier in time
  2. Neither will operates, and intestate succession applies
  3. The second will, as it revokes the earlier inconsistent disposition Correct answer.
  4. Both wills operate together, each to the extent of the property mentioned

Explanation

Under Section 62 of the Indian Succession Act and the law of wills, a later will revokes an earlier one to the extent of inconsistency, and the last valid will prevails. Execution of a subsequent will is itself an act of revocation of the prior inconsistent disposition. Intestate succession does not apply where a valid will exists.

Question 13Civil Law

Under Section 14 of the Hindu Succession Act, 1956, property acquired by a female Hindu is held by her as full owner. Which of the following is an exception to this rule?

  1. Property acquired by her own skill or exertion
  2. Property purchased with her own funds
  3. Property received as a gift under a instrument creating a restricted estate Correct answer.
  4. Property acquired by inheritance from her parents

Explanation

Section 14(2) provides that property acquired by a female Hindu by way of gift or other instrument, or by a decree or order of a civil court, where the instrument or decree creates only a restricted estate, is not affected by sub-section (1). Property acquired by inheritance, skill, or purchase is covered by the full ownership rule. The exception is thus confined to instruments creating a restricted estate.

Question 14Civil Law

A contract contains a clause providing that on breach the party shall pay a fixed sum of Rs. 5,00,000 regardless of actual loss. How is such a clause treated under the Indian Contract Act?

  1. It is treated as a penalty and the court awards reasonable compensation not exceeding the stipulated sum Correct answer.
  2. It is always enforceable in full as a liquidated damages clause
  3. It is enforceable only if the actual loss exceeds the stipulated sum
  4. It is void and no compensation can be awarded

Explanation

Section 74 provides that where a sum is named in the contract as payable on breach, the court may award reasonable compensation not exceeding the amount so named, whether or not actual loss is proved. Indian law does not rigidly distinguish liquidated damages from penalties in the same way as English law. The stipulated sum operates as a ceiling, not an automatic entitlement.

Question 15Civil Law

A person in possession of land for twelve years without title, openly and continuously, claims ownership. Which requirement is essential to establish adverse possession?

  1. Registration of the claim with the revenue authority
  2. Hostile possession with animus possidendi, open, continuous and peaceful Correct answer.
  3. Payment of land revenue during the period of possession
  4. A written acknowledgment of title by the true owner

Explanation

Adverse possession requires possession that is actual, open, continuous, exclusive, and hostile, with the animus to possess as owner, for the statutory period. Mere long possession without the requisite animus is insufficient. Payment of revenue or registration is not an essential ingredient, though it may be evidence of possession.

Question 16Civil Law

A agrees to sell a plot to B and later sells the same plot to C, who purchases without notice of the earlier agreement and takes a registered conveyance. What is B's remedy?

  1. B may enforce specific performance against C as C had constructive notice
  2. B may compel C to transfer the plot to him at the original price
  3. B loses all remedies because the later sale is registered
  4. B may sue A for damages for breach, as C is a bona fide purchaser for value without notice Correct answer.

Explanation

A subsequent bona fide purchaser for value without notice of the prior agreement takes the property free of the earlier equitable right, particularly where the later conveyance is registered. The prior agreement-holder's remedy lies against the defaulting vendor in damages. Specific performance against the later purchaser is not available where he had no notice.

Question 17Civil Law

Under the Indian Easements Act, 1882, which of the following is an easementary right?

  1. A right to use the land of another for a particular purpose, such as a right of way Correct answer.
  2. A right to occupy the land of another for a fixed term
  3. A right to prevent another from building on his own land
  4. A right to receive profits from the land of another

Explanation

Section 4 of the Indian Easements Act defines an easement as a right which the owner of a dominant heritage has over a servient heritage for the beneficial enjoyment of his own land. A right of way is a classic example. A right to profits is a profit a prendre, a lease creates an interest in land, and a right to restrain building is not an easementary right.

Question 18Civil Law

A promisor offers to perform a contract but the promisee refuses to accept performance. What is the legal consequence?

  1. The promisor must sue for specific performance before any discharge
  2. The promisor remains liable and must perform again on demand
  3. The promisor is discharged from liability as the promisee has refused performance Correct answer.
  4. The contract becomes void for frustration

Explanation

Section 38 of the Indian Contract Act provides that where a promisor makes an offer of performance and the offer is not accepted, the promisor is not responsible for non-performance and does not thereby lose his rights under the contract. A valid tender discharges the promisor. The contract is not frustrated, nor does the promisor need to sue before claiming discharge.

Question 19Civil Law

In a suit for declaration of title and possession, the plaintiff relies on a registered sale deed. The defendant challenges the deed as a forgery. Who bears the burden of proof?

  1. The registering authority, because registration is a statutory act
  2. The court, which must independently verify the deed
  3. The defendant, because he alleges forgery
  4. The plaintiff, because he asserts the deed and must prove its genuineness Correct answer.

Explanation

Under Sections 101 to 103 of the Indian Evidence Act, the burden of proof lies on the person who asserts the existence of a fact. The plaintiff asserting title through a deed must prove its genuineness, though registration raises a presumption of execution that may shift the evidential burden. The defendant's allegation of forgery does not relieve the plaintiff of the initial burden.

Question 20Civil Law

Which of the following agreements is expressly declared void under the Indian Contract Act?

  1. An agreement in restraint of trade Correct answer.
  2. An agreement to pay a debt barred by limitation
  3. An agreement to marry after attaining majority
  4. An agreement to sell goods at a future date

Explanation

Section 27 of the Indian Contract Act declares an agreement in restraint of trade void, subject to the statutory exception permitting a seller of goodwill to restrain himself from carrying on a similar business within specified limits. Agreements for future sale, to pay a time-barred debt under Section 25(3), and agreements to marry are not void on that ground.

Question 21Civil Law

A Hindu male dies intestate leaving his widow, a son, a daughter, and his mother. How is his property distributed under the Hindu Succession Act, 1956?

  1. The son takes the entire property as the sole coparcener
  2. The widow takes the entire property to the exclusion of others
  3. All four heirs take equal shares as Class I heirs Correct answer.
  4. The mother is excluded because she is not a Class I heir

Explanation

Under Section 8 read with the Schedule of the Hindu Succession Act, the widow, son, daughter, and mother are all Class I heirs, and the property devolves on them in equal shares. The son does not take exclusively, and the mother is expressly a Class I heir. The widow does not take the entire estate where other Class I heirs exist.

Question 22Civil Law

A lease of immovable property for a term exceeding one year is made orally and the lessee takes possession. What is the nature of the tenancy under the Transfer of Property Act?

  1. A valid lease for the full term agreed
  2. A tenancy at will, terminable without notice
  3. A void transaction conferring no rights on the lessee
  4. A lease from month to month, terminable by notice Correct answer.

Explanation

Section 107 requires a lease of immovable property for a term exceeding one year to be made by a registered instrument. Where this is not done but the lessee is put in possession, Section 106 treats the lease as one from month to month, terminable by fifteen days' notice. It is not a valid lease for the full term, nor a tenancy at will, nor wholly void.

Question 23Civil Law

A mortgagee sells the mortgaged property without the intervention of the court, though the mortgage deed does not expressly confer a power of sale. What is the legal position?

  1. The sale is invalid, as a power of sale must be expressly conferred Correct answer.
  2. The sale is valid, as every mortgagee has an implied power of sale
  3. The sale is valid if the mortgagor consented after the sale
  4. The sale is valid but the mortgagee must account for the surplus only

Explanation

Section 69 of the Transfer of Property Act permits a mortgagee to sell without court intervention only where the mortgage deed expressly confers such a power and the statutory conditions are satisfied. There is no implied power of sale in Indian law. A sale without such an express power is invalid, and subsequent consent does not cure the defect.

Question 24Civil Law

A contract is induced by fraudulent misrepresentation, and the aggrieved party, on discovering the fraud, continues to enjoy benefits under the contract. What is the effect on his right to rescind?

  1. He loses the right to rescind by affirming the contract Correct answer.
  2. He retains the right to rescind at any time within three years
  3. He may both rescind and claim damages without returning benefits
  4. He may rescind only if he returns all benefits received

Explanation

Under Section 19 of the Indian Contract Act, a party induced by fraud may rescind or insist on performance, but he must do so within a reasonable time and before affirming the contract. Continuing to enjoy benefits after knowledge amounts to affirmation, which bars rescission. The right is thus lost by election.

Question 25Civil Law

A testator bequeaths property to 'A for life, and after his death to such of his children as shall attain the age of 18'. A dies leaving a child aged 15. What is the nature of the interest created?

  1. An absolute gift to A's legal heirs
  2. A vested interest in the child, which becomes absolute on attaining 18
  3. A contingent interest in the child, dependent on attaining the specified age Correct answer.
  4. A void bequest, as the class is uncertain

Explanation

Under Sections 119 and 120 of the Indian Succession Act, where a bequest is made to a person on his attaining a particular age, the interest is contingent until the condition is fulfilled. The child's interest is contingent on attaining eighteen, not vested. The class is ascertainable, and the gift is not to A's legal heirs.

Question 26Civil Law

Under the Indian Contract Act, 1872, a proposal is communicated by letter and the acceptor posts his acceptance without knowing that the proposer had already revoked the proposal. What is the position?

  1. Neither the revocation nor the acceptance has any legal effect until both letters are received.
  2. The acceptance is complete only when the letter reaches the proposer, so the revocation prevails.
  3. The revocation is effective because it was posted before the acceptance was posted.
  4. The acceptance is complete against the proposer when the letter of acceptance is posted, provided the acceptor was ignorant of the revocation. Correct answer.

Explanation

Under Sections 4 and 5 of the Indian Contract Act, communication of acceptance is complete against the proposer as soon as the letter is posted, and a revocation of proposal is ineffective against an acceptor who posts acceptance without notice of it. Ignorance of the revocation at the time of posting protects the acceptor.

Question 27Civil Law

Which of the following persons is competent to contract under Section 11 of the Indian Contract Act, 1872?

  1. A minor who has been emancipated by his guardian.
  2. A person declared insolvent and disqualified from contracting by the applicable law.
  3. A person of unsound mind who contracts during a lucid interval without understanding the transaction.
  4. A person who has attained majority and is of sound mind and not disqualified by law. Correct answer.

Explanation

Section 11 requires that the contracting party be of the age of majority, of sound mind, and not disqualified from contracting by any law to which he is subject. All three conditions must be satisfied cumulatively.

Question 28Civil Law

A sells a horse to B by description, and the horse, though matching the description, is unfit for the purpose for which B bought it, a purpose A knew. Which implied condition under the Sale of Goods Act, 1930 is attracted?

  1. Condition as to fitness for a particular purpose under Section 16(1). Correct answer.
  2. Condition as to merchantable quality only.
  3. Condition as to title under Section 14.
  4. Condition implied by usage of trade.

Explanation

Section 16(1) implies a condition that goods are reasonably fit for a particular purpose where the buyer makes the purpose known to the seller and relies on the seller's skill or judgment. The seller's knowledge of the purpose is the key element.

Question 29Civil Law

Under the Transfer of Property Act, 1882, a gift of immovable property is made by a registered instrument but the donor does not deliver possession. What is the effect?

  1. The gift is valid, since transfer of possession is not a condition for a registered gift of immovable property. Correct answer.
  2. The gift is void because delivery of possession is mandatory for immovable property.
  3. The gift is revocable at the donor's will until possession is delivered.
  4. The gift operates only as a contract to gift and requires a separate suit for enforcement.

Explanation

Section 123 of the Transfer of Property Act requires a gift of immovable property to be effected by a registered instrument signed and attested; delivery of possession is required only for movable property. Once registered and accepted, the gift is complete.

Question 30Civil Law

A Hindu father governed by the Mitakshara school dies leaving self-acquired property and no will. Which of the following statements about succession to that property is correct?

  1. It devolves under the Hindu Succession Act, 1956, on the Class I heirs, in which the daughter is a Class I heir. Correct answer.
  2. It devolves by survivorship on the coparceners alone, excluding daughters.
  3. It devolves only on the eldest male coparcener as karta.
  4. It escheats to the State in the absence of a male heir.

Explanation

Self-acquired property of a Hindu male dying intestate devolves under Section 8 of the Hindu Succession Act, 1956, on the heirs in Class I of the Schedule, which includes the daughter. Survivorship applies to coparcenary interest, not to separate property.

Question 31Civil Law

A lessee holds over after the expiry of the lease and the lessor accepts rent from him. What is the nature of the tenancy thereby created under the Transfer of Property Act, 1882?

  1. A tenancy at will terminable at any time without notice.
  2. A tenancy from year to year terminable by six months' notice. Correct answer.
  3. A tenancy for the original term renewed automatically.
  4. A monthly tenancy terminable by fifteen days' notice.

Explanation

Section 116 provides that if a lessee remains in possession after determination of the lease and the lessor accepts rent, the lease is renewed on the same terms, creating a tenancy from year to year terminable by six months' notice.

Question 32Civil Law

Under the Limitation Act, 1963, a suit for possession of immovable property based on title (not on prior possession) is governed by which Article?

  1. Article 65, with a period of twelve years from the date the plaintiff's right to sue accrues. Correct answer.
  2. Article 113, with a period of three years from the date the right to sue accrues.
  3. Article 64, with a period of twelve years from the date the possession becomes adverse.
  4. Article 58, with a period of three years from the date the right to sue first accrues.

Explanation

Article 65 of the Limitation Act, 1963 prescribes twelve years for a suit for possession of immovable property or any interest therein based on title, time running from when the plaintiff's right to sue accrues. Article 64 applies to suits based on previous possession, not title.

Question 33Civil Law

A plaintiff sues for compensation for a tort committed against him and the defendant pleads that the plaintiff had consented to the act. Which defence is the defendant invoking?

  1. Volenti non fit injuria. Correct answer.
  2. Inevitable accident.
  3. Statutory authority.
  4. Act of God.

Explanation

Volenti non fit injuria is the defence that the plaintiff voluntarily consented to the risk of the harm complained of, which negates liability in tort. The other defences do not depend on the plaintiff's consent.

Question 34Civil Law

Under the Indian Evidence Act, 1872, an admission made by a party in a pleading in an earlier suit is relevant in a later suit between the same parties. Which provision governs this?

  1. Section 31, which deals with admissions not conclusive.
  2. Section 17, which defines admission.
  3. Section 32, which deals with statements of persons who cannot be called as witnesses.
  4. Section 21, which makes admissions relevant. Correct answer.

Explanation

Section 21 of the Indian Evidence Act makes admissions relevant and provides that admissions may be proved against the person who makes them. A pleading in an earlier suit, being a statement by a party, is an admission relevant under that section.

Question 35Civil Law

A court is asked to presume the genuineness of a document purporting to be a certified copy of a registered sale deed. Which section of the Indian Evidence Act, 1872 permits this presumption?

  1. Section 90.
  2. Section 77.
  3. Section 74.
  4. Section 79. Correct answer.

Explanation

Section 79 of the Indian Evidence Act provides that the court shall presume the genuineness of every document purporting to be a certified copy of a public document. A registered sale deed is a public document under Section 74.

Question 36Civil Law

A decree is passed against a defendant who was not served with summons and did not appear. Which remedy is available to him under the Code of Civil Procedure, 1908?

  1. An application under Section 96 by way of appeal.
  2. An application under Section 151 for inherent powers.
  3. A review petition under Section 114.
  4. An application under Order IX Rule 13 to set aside the ex parte decree. Correct answer.

Explanation

Order IX Rule 13 of the Code of Civil Procedure permits a defendant against whom an ex parte decree has been passed to apply to set it aside on showing that summons was not duly served or that he was prevented by sufficient cause from appearing.

Question 37Civil Law

Under the Code of Civil Procedure, 1908, a plaint is rejected under Order VII Rule 11 where the suit appears from the statement in the plaint to be barred by any law. Which of the following is the correct consequence of rejection?

  1. The plaintiff may present a fresh suit on the same cause of action, subject to the law of limitation. Correct answer.
  2. The rejection operates as res judicata against the plaintiff.
  3. The plaint can be amended as of right to cure the defect after rejection.
  4. The suit is dismissed on merits and a fresh suit is barred.

Explanation

Rejection of a plaint under Order VII Rule 11 is not a decree on merits and does not bar a fresh suit on the same cause of action, though the new suit is subject to limitation. Rejection differs from dismissal of the suit.

Question 38Civil Law

A person claims a right of way over his neighbour's land by twenty years of peaceable and open use. Under the Indian Easements Act, 1882, which of the following is essential for acquiring the easement by prescription?

  1. The use must be under a written grant from the servient owner.
  2. The use must be as of right and without interruption for twenty years. Correct answer.
  3. The use must be with the servient owner's permission.
  4. The use must be for twenty years and must be secret.

Explanation

Section 15 of the Indian Easements Act requires that the easement be peaceably and openly enjoyed by a person claiming title as an easement, without interruption, for twenty years, and the enjoyment must be as of right.

Question 39Civil Law

A contract for the sale of goods contains a clause that the buyer shall pay a sum of Rs. 50,000 as 'agreed damages' on delay, irrespective of actual loss. Under the Indian Contract Act, 1872, how is the clause treated?

  1. It converts the contract into a wagering agreement.
  2. It is enforceable in full as a liquidated demand.
  3. It is a penalty and the court awards only reasonable compensation not exceeding the stipulated sum. Correct answer.
  4. It is void and the buyer can recover nothing.

Explanation

Section 74 of the Indian Contract Act provides that where a sum is named in the contract as payable on breach, the court may award reasonable compensation not exceeding that sum, whether or not actual loss is proved. Such a sum is treated as a penalty rather than a liquidated demand.

Question 40Civil Law

A promissory note is executed by a debtor in favour of a creditor, but the consideration recited is not actually paid. What is the position under the Negotiable Instruments Act, 1881?

  1. The note is enforceable only after registration.
  2. The note is void because consideration fails.
  3. The note is voidable only at the option of the maker.
  4. The note is valid, and the absence of consideration is a matter of defence between the immediate parties. Correct answer.

Explanation

Section 43 of the Negotiable Instruments Act provides that a negotiable instrument made without consideration may be enforced as between the parties, but the absence of consideration is a matter of defence available against the immediate parties. The instrument is not void.

Question 41Civil Law

A testator bequeaths a house to his widow absolutely, and by the same will directs that she shall not alienate it. What is the effect of the restraint on alienation under the Indian Succession Act, 1925?

  1. The restraint is valid because it is imposed by the testator in a will.
  2. The bequest fails entirely because of the invalid condition.
  3. The widow takes only a life interest because of the restraint.
  4. The restraint is void, and the widow takes an absolute interest with full power of alienation. Correct answer.

Explanation

Section 138 of the Indian Succession Act provides that where a bequest is made to a person absolutely and a direction is added that he shall not alienate the property, the direction is void and the legatee takes an absolute interest.

Question 42Civil Law

Under the Hindu Marriage Act, 1955, a decree of nullity of a voidable marriage is sought on the ground that the respondent was impotent at the time of marriage. Which of the following is correct?

  1. The ground is available only after five years of marriage.
  2. The ground is available to either party to the marriage. Correct answer.
  3. The ground is available only if the marriage has not been consummated.
  4. The ground is available only to the husband.

Explanation

Section 12(1)(a) of the Hindu Marriage Act makes impotence a ground for annulment of a voidable marriage at the instance of either party, since the condition is that the marriage has not been consummated owing to the impotence of the respondent.

Question 43Civil Law

A Muslim male dies leaving his widow, one son and one daughter. How is his estate distributed under the Sunni law of inheritance?

  1. The widow takes one-eighth, and the residue is divided equally between the son and daughter.
  2. The widow takes one-third, and the remainder goes to the son only.
  3. The widow takes one-eighth, and the residue is divided between the son and daughter in the ratio of two shares to the son and one to the daughter. Correct answer.
  4. The widow takes one-fourth, and the residue is divided equally between the son and daughter.

Explanation

Under Sunni law the widow takes one-eighth where there is a child, and the residuary heirs take the balance, with the son receiving double the share of the daughter. The daughter is a sharer who becomes residuary with the son.

Question 44Civil Law

Under the Specific Relief Act, 1963, a contract for the sale of immovable property is sought to be specifically enforced. Which of the following is a bar under Section 14?

  1. The contract is for the sale of a house worth Rs. 10,00,000.
  2. The contract involves performance of a continuous duty which the court cannot supervise. Correct answer.
  3. The contract is for the sale of a plot of land measuring 500 square yards.
  4. The contract is in writing and signed by both parties.

Explanation

Section 14 of the Specific Relief Act, 1963 declares certain contracts non-enforceable specifically, including a contract the performance of which involves the performance of a continuous duty which the court cannot supervise. Sale of a house or land is generally specifically enforceable.

Question 45Civil Law

A wife files a suit for maintenance against her husband under the Hindu Adoptions and Maintenance Act, 1956. Which of the following is a relevant consideration for determining the amount?

  1. The number of years the wife has lived in the matrimonial home only.
  2. The husband's income and the wife's own means, together with the standard of living of the family. Correct answer.
  3. The value of the wife's jewellery alone.
  4. The caste of the parties alone.

Explanation

Section 23 of the Hindu Adoptions and Maintenance Act requires the court to consider factors including the position and status of the parties, the reasonable wants of the claimant, the income and other property of the husband and the wife, and the standard of living of the family.

Question 46Civil Law

Under the Indian Trusts Act, 1882, a person who acquires property with notice that the transfer to him is in breach of trust holds the property for the benefit of the beneficiary. Which doctrine does this illustrate?

  1. Doctrine of relation back.
  2. Doctrine of constructive trust. Correct answer.
  3. Doctrine of frustration.
  4. Doctrine of part performance.

Explanation

Section 91 of the Indian Trusts Act makes a person who acquires trust property with notice of the breach of trust a constructive trustee for the beneficiary. The doctrine of constructive trust prevents unjust enrichment from a knowing breach.

Question 47Civil Law

A plaintiff sues for damages for breach of contract, and the defendant pleads that the plaintiff failed to mitigate his loss. Under the Indian Contract Act, 1872, which section deals with the duty to mitigate?

  1. Section 75.
  2. Section 73. Correct answer.
  3. Section 56.
  4. Section 74.

Explanation

Section 73 of the Indian Contract Act deals with compensation for loss or damage caused by breach and incorporates the rule that the plaintiff must take reasonable steps to mitigate the loss. Compensation is limited to losses naturally arising or contemplated by the parties.

Question 48Civil Law

A Hindu widow remarries after the death of her husband. What is the effect of the remarriage on her right to maintenance from her deceased husband's estate under the Hindu Adoptions and Maintenance Act, 1956?

  1. Her right to maintenance ceases on remarriage. Correct answer.
  2. Her right continues only until she has a child from the second marriage.
  3. Her right continues unchanged for life.
  4. Her right is reduced to half.

Explanation

Section 22 of the Hindu Adoptions and Maintenance Act provides that the right of a dependent to maintenance ceases on remarriage in the case of a widow. The obligation of the heirs to maintain her comes to an end on remarriage.

Question 49Civil Law

Under the Indian Contract Act, 1872, which of the following agreements is void because it is opposed to public policy?

  1. An agreement by a debtor to pay a higher rate of interest if he defaults.
  2. An agreement to stifle the prosecution of a person for a non-compoundable offence. Correct answer.
  3. An agreement to sell goods at a price to be fixed by a named valuer.
  4. An agreement to refer present or future disputes to arbitration.

Explanation

An agreement to stifle prosecution of a non-compoundable offence is opposed to public policy and void under Section 23 of the Indian Contract Act. Agreements to refer disputes to arbitration and to pay enhanced interest on default are valid.

Question 50Civil Law

A decree-holder attaches immovable property and the judgment-debtor transfers it after attachment. Under the Transfer of Property Act, 1882, what is the effect of the transfer?

  1. The transfer is void absolutely and cannot be enforced by anyone.
  2. The transfer is valid and defeats the attachment.
  3. The transfer is voidable at the option of the decree-holder.
  4. The transfer is void against all persons except the decree-holder, and the attachment does not affect the rights of third persons. Correct answer.

Explanation

Section 64 of the Transfer of Property Act provides that a transfer of immovable property after attachment is void against all persons except the decree-holder, and the attachment does not affect the rights of persons who are not parties to the suit.