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TN Civil Judge Exam practice questions

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Question 1Civil Law

Under the Transfer of Property Act, 1882, which of the following transfers is expressly declared to be void?

  1. A transfer of immovable property made with the object of defeating the creditors of the transferor
  2. A sale of immovable property where possession is delivered before registration
  3. A transfer of a mere right to sue for compensation for a tort Correct answer.
  4. A gift of immovable property made by a registered instrument

Explanation

Section 6(a) of the Transfer of Property Act declares that a mere right to sue cannot be transferred, so an assignment of a bare right to litigate is void. The underlying policy is to prevent trafficking in litigation. Other transfers listed operate validly subject to their own conditions.

Question 2Civil Law

A person who finds goods belonging to another and takes them into his custody is said to be in the position of which kind of possessor under the law of contract?

  1. A bailee by operation of law Correct answer.
  2. A trespasser from the moment of finding
  3. A pledgee
  4. A gratuitous licensee

Explanation

Section 71 of the Indian Contract Act imposes on a finder of goods the responsibility of a bailee, requiring reasonable care and return to the true owner. The finder's position is that of a bailee by operation of law rather than a trespasser, licensee or pledgee.

Question 3Civil Law

Under the Hindu Marriage Act, 1955, which of the following is a ground available to either spouse for a decree of divorce, as distinct from a ground available only to the wife?

  1. That the husband has not paid maintenance ordered by a court
  2. That the husband has been guilty of rape after the solemnization of the marriage Correct answer.
  3. That the husband has another wife living at the time of the marriage
  4. That the wife was pregnant by some person other than the husband at the time of the marriage

Explanation

Section 13(2) provides special grounds available only to the wife, such as the husband's pre-marriage pregnancy of another wife or rape. Section 13(1) lists grounds available to either party, including the husband's guilt of rape after solemnization. Grounds like the husband having another wife or non-payment of maintenance are not the general either-party grounds in the same sense.

Question 4Civil Law

A contract is said to be induced by undue influence where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage. Which of the following relationships is expressly presumed to involve such a position under Section 16 of the Indian Contract Act?

  1. Creditor and debtor
  2. Doctor and patient Correct answer.
  3. Landlord and tenant
  4. Husband and wife

Explanation

Section 16(2) creates a presumption of domination of will where one party is in a fiduciary relation to the other, or where the contract is on unconscionable terms. Doctor and patient is a recognised fiduciary relationship. Landlord-tenant and creditor-debtor are commercial relationships without an automatic presumption, and the husband-wife relationship is not one of the enumerated fiduciary relationships for this purpose.

Question 5Civil Law

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

  1. Section 20
  2. Section 15
  3. Section 21
  4. Section 16 Correct answer.

Explanation

Section 16 of the CPC lays down that suits relating to immovable property, including recovery of possession, must be brought where the property is situate. Section 15 states the general rule of suing in the lowest court competent to try the suit, while Section 20 governs place of suit for other claims and Section 21 deals with objections to jurisdiction.

Question 6Civil Law

Under the Indian Evidence Act, 1872, the burden of proving the existence of circumstances bringing a case within an exception to a penal provision lies on which party?

  1. On the court, which must independently investigate the exception
  2. On the complainant, who must disprove the exception
  3. On the accused, though the prosecution must still prove the case beyond reasonable doubt Correct answer.
  4. On the prosecution, because the burden never shifts

Explanation

Section 105 of the Evidence Act places on the accused the burden of proving circumstances bringing the case within a general exception, while the prosecution retains the overall burden of proving guilt beyond reasonable doubt. This is a burden of persuasion resting on the accused on the balance of probabilities.

Question 7Civil Law

Under the Limitation Act, 1963, a suit for which no period of limitation is provided elsewhere in the schedule must be filed within what period from the date when the right to sue accrues?

  1. One year
  2. Two years
  3. Twelve years
  4. Three years Correct answer.

Explanation

Article 113 of the Schedule to the Limitation Act prescribes three years from the date when the right to sue accrues for suits for which no period is otherwise provided. This is the residuary article for civil suits.

Question 8Civil Law

Under the Specific Relief Act, 1963, specific performance of a contract may be enforced against which of the following?

  1. A person who has acquired the property with notice of the original contract Correct answer.
  2. A transferee for value who acquired the property without notice of the contract
  3. A person who acquired title before the contract was made
  4. A person who is a stranger to the contract and had no notice of it

Explanation

Section 19 of the Specific Relief Act makes specific performance enforceable against a subsequent transferee who takes the property with notice of the prior contract. A transferee for value without notice is protected, and a person who acquired title before the contract cannot be bound by it.

Question 9Civil 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 becomes a coparcener by birth in the same manner as a son. Which section introduced this change?

  1. Section 29A
  2. Section 14
  3. Section 8
  4. Section 6 Correct answer.

Explanation

Section 6 of the Hindu Succession Act, substituted by the 2005 amendment, confers on a daughter of a coparcener the status of a coparcener by birth, with rights and liabilities identical to those of a son. Section 8 deals with general rules of succession for males, Section 14 with property of a female Hindu, and Section 29A was an earlier State amendment later subsumed in the central provision.

Question 10Civil Law

A agrees to sell his house to B for a price to be fixed by C. Before C fixes the price, A refuses to sell. Which statement best describes the legal position under the Indian Contract Act?

  1. The agreement is valid and enforceable because price may be determined by a third party Correct answer.
  2. The agreement becomes voidable at B's option alone
  3. The agreement is void for uncertainty from the outset
  4. The agreement is void because the price was not fixed at the time of contract

Explanation

Section 10 read with the rules on certainty permits a contract of sale where the price is left to be determined by a third party. Such an agreement is valid, and if the third party fails or refuses to fix the price, the agreement becomes void under Section 9 of the Sale of Goods Act for sale of goods, and analogous principles apply to other contracts.

Question 11Civil Law

X mortgages his land to Y with possession, and the mortgage deed provides that Y shall retain possession until repayment and that the mortgagee shall appropriate the rents towards interest and principal. Which type of mortgage is this?

  1. English mortgage
  2. Simple mortgage
  3. Usufructuary mortgage Correct answer.
  4. Mortgage by conditional sale

Explanation

Section 58(d) of the Transfer of Property Act defines a usufructuary mortgage as one where the mortgagor delivers possession and authorises the mortgagee to retain possession and appropriate rents and profits towards interest and principal. The key feature is delivery of possession with appropriation of usufruct.

Question 12Civil Law

A minor enters into a contract for the purchase of a bicycle and pays the price. Later the minor seeks to recover the money, and the seller refuses. Which statement reflects the law as settled by the Privy Council and later Indian authority?

  1. The contract is void and the minor can recover the price as money had and received Correct answer.
  2. The contract is valid and the minor is bound by it
  3. The minor can recover the price only if the bicycle is returned in the same condition
  4. The contract is voidable and the minor must return the benefit before recovering the price

Explanation

An agreement with a minor is void ab initio under Mohori Bibee v. Dharmodas Ghose, and the minor can recover money paid under such a void agreement as money had and received, since no consideration valid in law passed. The equitable doctrine of restitution does not apply where the minor has not misrepresented his age and the contract is void.

Question 13Civil Law

In a suit for partition of joint family property, a preliminary decree is passed declaring the shares of the parties. Which statement about a preliminary decree in a partition suit is correct?

  1. It finally determines the rights of the parties and no final decree is necessary
  2. It operates as res judicata on all subsequent suits between the parties
  3. It declares the shares but the actual division is carried out by a final decree Correct answer.
  4. It is appealable only after the final decree is passed

Explanation

Order XX Rule 18 of the CPC provides that in a partition suit the court passes a preliminary decree declaring the shares of the parties, and a final decree follows after the actual division is effected, if necessary through a commissioner. The preliminary decree does not itself effect the partition.

Question 14Civil Law

Under the Indian Evidence Act, 1872, a confession made by an accused while in police custody is inadmissible unless made in the immediate presence of a Magistrate. Which section embodies this rule?

  1. Section 24
  2. Section 26 Correct answer.
  3. Section 27
  4. Section 25

Explanation

Section 26 provides that no confession made by any person whilst in the custody of a police officer shall be proved against him, unless it is made in the immediate presence of a Magistrate. Section 25 bars confessions to a police officer altogether, and Section 27 carves out the discovery exception.

Question 15Civil Law

A Hindu male dies intestate leaving his widow, two sons and a predeceased son's widow and son. Under the Hindu Succession Act, 1956, how is the property distributed among the heirs in Class I?

  1. The sons take the entire estate, excluding the widow and the predeceased son's branch
  2. The widow, each son and the predeceased son's widow and son take one share each Correct answer.
  3. The widow takes the entire estate to the exclusion of the sons
  4. The widow takes one-third and the sons take the remainder equally

Explanation

Under Section 8 read with the Schedule, the heirs in Class I succeed simultaneously, and each heir in the same entry takes an equal share. The widow, the two sons, and the predeceased son's widow and son are all Class I heirs, so each takes one share.

Question 16Civil Law

Under the Sale of Goods Act, 1930, where goods are sold by description and the buyer has examined the goods, which condition is implied regarding latent defects?

  1. There is an implied condition that the goods are merchantable in all respects
  2. There is an implied warranty that the seller has knowledge of all defects
  3. There is an implied condition that the goods are free from any latent defect
  4. There is no implied condition as regards defects which the examination ought to have revealed Correct answer.

Explanation

Section 16(2) of the Sale of Goods Act provides that where the buyer has examined the goods, there is no implied condition as regards defects which such examination ought to have revealed. The implied conditions of merchantability and fitness apply only where the buyer has not examined the goods or the defect is latent and not discoverable.

Question 17Civil Law

A plaintiff files a suit against a defendant who dies before the suit is instituted. Which statement about the maintainability of the suit is correct?

  1. The suit is maintainable against the legal representatives from the outset
  2. The suit abates and cannot be revived
  3. The suit is not maintainable as the defendant was dead at the time of institution Correct answer.
  4. The suit is maintainable if the plaintiff was unaware of the death

Explanation

A suit instituted against a person who is already dead is a nullity because the dead person cannot be a party. The proper course is to sue the legal representatives of the deceased. The plaintiff's ignorance of the death does not cure the defect.

Question 18Civil Law

Under the Specific Relief Act, 1963, a contract for the sale of immovable property may be specifically enforced, but the court has discretion. Which factor would most strongly weigh against granting specific performance?

  1. The property is unique and not readily available in the market
  2. The contract price was fair and the plaintiff was ready and willing to perform
  3. The contract was obtained by the plaintiff's undue influence over the defendant Correct answer.
  4. The defendant has admitted the contract in writing

Explanation

Section 20 of the Specific Relief Act makes specific performance discretionary, and the court will refuse relief where the contract was obtained by fraud, misrepresentation or undue influence. A contract tainted by undue influence is not one the court will specifically enforce. Readiness, uniqueness and written admission support rather than defeat the claim.

Question 19Civil Law

Under the Limitation Act, 1963, where a suit is filed against a minor, the period of limitation begins to run from which date?

  1. The date of institution of the suit
  2. The date of the cause of action, irrespective of minority
  3. The date on which the minor attains majority Correct answer.
  4. The date on which the minor's guardian is appointed

Explanation

Section 6 of the Limitation Act provides that where a person entitled to institute a suit is a minor at the time from which the period is to be reckoned, he may institute the suit within the same period after attaining majority. The running of limitation is thus postponed in favour of the minor.

Question 20Civil Law

A lease of immovable property for a term of two years is granted orally and the lessee is put in possession. Which statement about the validity of the lease is correct under the Transfer of Property Act?

  1. The lease is void because a lease for more than one year requires registration Correct answer.
  2. The lease is valid because delivery of possession is sufficient
  3. The lease is voidable at the lessor's option
  4. The lease is valid as a monthly tenancy terminable by notice

Explanation

Section 107 of the Transfer of Property Act requires a lease of immovable property for a term exceeding one year to be made by a registered instrument. An oral lease for two years is therefore void as a lease of that term, though it may create a tenancy from month to month or year to year by operation of law in some circumstances. The strict rule is that the lease as such fails for want of registration.

Question 21Civil Law

Under the Indian Contract Act, a proposal is revoked by the communication of notice of revocation by the proposer to the other party. When does the revocation take effect?

  1. When the notice reaches the offeree before the acceptance is complete against the proposer Correct answer.
  2. When the offeree actually reads the notice, whenever that occurs
  3. When the acceptor acknowledges receipt of the notice
  4. When the notice is posted by the proposer

Explanation

Section 5 of the Indian Contract Act provides that a proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards. Section 4 governs communication, so revocation takes effect when the notice reaches the offeree before acceptance is complete as against the proposer.

Question 22Civil Law

Under the Hindu Marriage Act, 1955, a petition for restitution of conjugal rights can be maintained on which ground?

  1. That the respondent has committed adultery
  2. That the respondent has renounced the world
  3. That the respondent has been of unsound mind for two years
  4. That the respondent has withdrawn from the society of the petitioner without reasonable excuse Correct answer.

Explanation

Section 9 of the Hindu Marriage Act permits either spouse to petition for restitution of conjugal rights where the other has withdrawn from the society of the petitioner without reasonable excuse. Adultery, unsoundness of mind and renunciation are grounds for judicial separation or divorce, not for restitution.

Question 23Civil Law

In a suit for declaration and possession, the plaintiff relies on a registered sale deed. The defendant challenges the deed as a forgery. Which statement about the evidentiary value of a registered document is correct?

  1. Registration is notice to the world but does not by itself prove execution Correct answer.
  2. Registration shifts the burden of proof entirely to the defendant
  3. Registration conclusively proves the genuineness of the document
  4. A registered document is inadmissible without the attesting witnesses

Explanation

Registration under the Registration Act operates as constructive notice to subsequent purchasers, but it does not conclusively establish execution or genuineness. Execution must still be proved in accordance with the Evidence Act, though registration is a relevant piece of evidence supporting execution.

Question 24Civil Law

Under the Code of Civil Procedure, 1908, a court may order attachment before judgment under Order XXXVIII Rule 5. Which condition must be satisfied before such an order is made?

  1. The defendant has failed to appear in court
  2. The suit is one for a declaratory relief only
  3. The defendant, with intent to obstruct or delay execution, is about to dispose of the whole or part of his property Correct answer.
  4. The plaintiff has already obtained a decree in another suit

Explanation

Order XXXVIII Rule 5 permits attachment before judgment where the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him, is about to dispose of the whole or part of his property or remove it from the local limits of the court's jurisdiction. The court must be satisfied of this intention.

Question 25Civil Law

A person who is not a party to a contract but for whose benefit the contract was made seeks to enforce it. Under the Indian Contract Act, which statement reflects the position of such a beneficiary?

  1. A third-party beneficiary may sue directly on the contract in all cases
  2. The beneficiary may sue only if the contract is under seal
  3. The beneficiary cannot sue, but the promisee may enforce the contract for the beneficiary's benefit Correct answer.
  4. The beneficiary may sue only after obtaining the promisor's consent

Explanation

Indian law generally adheres to privity of contract, so a stranger to the contract cannot sue upon it. However, where a contract is made for the benefit of a third party, the promisee can enforce it, and the beneficiary may in certain recognised situations such as trusts or family arrangements obtain relief. The general rule remains that the beneficiary cannot sue directly.

Question 26Civil Law

Under the Indian Contract Act, 1872, an agreement made without consideration is enforceable in which of the following situations?

  1. Where the promisee is a stranger to the family of the promisor and gives no benefit
  2. Where it is made orally between merchants at a trade fair and later confirmed by conduct
  3. Where it is made in writing and registered, and is made out of natural love and affection between parties standing in a near relation to each other Correct answer.
  4. Where it is made under coercion and later ratified by the promisor

Explanation

Section 25 of the Indian Contract Act, 1872 lists the exceptions to the rule that an agreement without consideration is void. One exception covers a written and registered agreement made out of natural love and affection between parties standing in a near relation to each other. Another covers past voluntary services and a third covers a promise to pay a time-barred debt.

Question 27Civil Law

A contract is entered into by A with B on the express condition that B shall not enforce it for one year. Which statement correctly describes the enforceability of such a condition?

  1. The condition converts the contract into a wagering agreement
  2. The condition makes the entire contract void ab initio and no claim can ever arise
  3. The condition is void because it restricts B from enforcing his legal rights, though the rest of the contract may survive Correct answer.
  4. The condition is valid because parties are free to postpone enforcement of their own contractual rights

Explanation

Section 28 of the Indian Contract Act, 1872 voids any agreement which restricts a party absolutely from enforcing his rights under the contract or which extinguishes those rights on the expiry of a short period. A condition that postpones enforcement for a limited period is treated as an unreasonable restriction on legal rights. Where the offending clause is severable, the rest of the contract stands.

Question 28Civil Law

Under the Indian Contract Act, 1872, which of the following is a consequence of a contract becoming void under Section 56 on the ground of supervening impossibility?

  1. The promisor is liable only if the impossibility arose from his own negligence
  2. The contract becomes void and the parties are discharged from further performance, with the promisor bound to restore any benefit received Correct answer.
  3. The contract remains valid but the promisor may claim an extension of time
  4. The promisor must compensate the promisee for any loss caused by non-performance

Explanation

Section 56 declares that an agreement to do an act which becomes impossible or unlawful after the contract is made becomes void when the act becomes impossible or unlawful. Section 65 then obliges a person who has received any advantage under such a void agreement to restore it or compensate the person from whom it was received. The doctrine excuses performance but does not permit unjust enrichment.

Question 29Civil Law

Under the Indian Contract Act, 1872, a contract of insurance is a species of which category of contract, because the insurer's obligation depends on an uncertain event?

  1. Quasi-contract
  2. Wagering agreement
  3. Contract of guarantee
  4. Contingent contract Correct answer.

Explanation

Section 31 defines a contingent contract as one to do or not to do something if some event, collateral to the contract, does or does not happen. Insurance is the classic illustration, since the insurer's liability arises only on the uncertain event insured against. The insured has an insurable interest, which distinguishes insurance from a wager.

Question 30Civil Law

A, the owner of a horse, offers by letter to sell it to B. B posts an acceptance. Before the letter of acceptance reaches A, A posts a telegram revoking the offer, which reaches B after B's acceptance letter. Which statement is correct under the Indian Contract Act, 1872?

  1. The revocation is ineffective because acceptance was complete against A when B posted the letter Correct answer.
  2. The revocation is effective because B had not yet received the telegram before posting acceptance
  3. The revocation is effective only if A also informs B orally
  4. The revocation is effective because it was posted before acceptance was received by A

Explanation

Under Section 4, communication of an acceptance is complete as against the proposer when the letter of acceptance is posted, whereas it is complete against the acceptor when it reaches the proposer. A revocation of offer is effective against the acceptor only when it comes to his knowledge, and it must reach him before he posts his acceptance. Since A's telegram arrived after B posted acceptance, the contract was already concluded.

Question 31Civil Law

Under the Transfer of Property Act, 1882, a gift of immovable property is valid only when it is effected in which manner?

  1. By a registered instrument, and where the property is tangible, by delivery of possession as well Correct answer.
  2. By a written instrument signed by the donee only
  3. By delivery of possession alone, where the donee is a relative
  4. By an oral declaration before two witnesses followed by mutation of revenue records

Explanation

Section 123 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. For tangible immovable property of small value, delivery of possession may substitute for registration under the proviso. Registration is therefore central to a valid gift of immovable property.

Question 32Civil Law

A mortgagor transfers his mortgaged property to a third party with a direction that the transferee shall pay off the mortgage debt. The mortgagee sues the transferee directly. Which statement is correct under the Transfer of Property Act, 1882?

  1. The mortgagee may enforce the charge against the transferee to the extent of the value of the property transferred Correct answer.
  2. The transferee becomes personally liable for the entire debt irrespective of the property's value
  3. The transfer is void because the mortgagor's equity of redemption is extinguished
  4. The mortgagee has no remedy against the transferee and must sue only the original mortgagor

Explanation

Section 91 of the Transfer of Property Act, 1882 allows a person who has acquired an interest in property subject to a mortgage to redeem it. Section 95 and the principle of subrogation, read with the charge created by the direction to pay off the debt, permit the mortgagee to proceed against the property in the hands of the transferee. The remedy is limited to the value of the property transferred, since the transferee's liability is a charge on that property rather than a personal covenant.

Question 33Civil Law

Under the Transfer of Property Act, 1882, where a lease of immovable property is determined by efflux of time, what is the position of the lessee who continues in possession and the lessor who accepts rent?

  1. The lease becomes a tenancy at will terminable without notice
  2. The lease is renewed for a further term equal to the original term
  3. The lessee becomes a trespasser and the rent is recoverable as damages
  4. The lease is deemed to be renewed from year to year or month to month, as the case may be, on the same terms Correct answer.

Explanation

Section 116 of the Transfer of Property Act, 1882 provides that if a lessee remains in possession after determination of the lease and the lessor accepts rent, the lease is deemed to be renewed on the same terms. The renewal is from year to year or month to month according to the purpose for which the property was leased and the period of the original lease. This is the doctrine of holding over.

Question 34Civil Law

Under the Transfer of Property Act, 1882, which of the following transfers of immovable property is not hit by the rule against perpetuity?

  1. A transfer to a class of persons to be ascertained on the death of the last survivor of a named family
  2. A transfer to a charitable trust where the property is to vest on the completion of a temple's construction within the lifetime of the settlor Correct answer.
  3. A transfer to an unborn person for life, with remainder to his eldest son on birth
  4. A gift to an unborn person with a direction that the property vest in him on attaining majority

Explanation

Section 14 of the Transfer of Property Act, 1882 forbids transfers that postpone vesting beyond the life of the last preceding owner and the minority of the next person. Where vesting is tied to an event certain to occur within the lifetime of the settlor, the rule is not violated. A charitable disposition vesting within the settlor's lifetime therefore escapes the rule.

Question 35Civil Law

Under the Transfer of Property Act, 1882, when a seller of immovable property fails to disclose a material defect in the property which he knew and the buyer could not discover with ordinary care, the contract is:

  1. Voidable at the option of the buyer, who may rescind or claim compensation Correct answer.
  2. Void ab initio and the seller must refund the price in every case
  3. Valid, because the doctrine of caveat emptor applies absolutely
  4. Valid, but the buyer may only claim damages for fraud after proving intent to deceive

Explanation

Section 55 of the Transfer of Property Act, 1882 imposes on the seller a duty to disclose to the buyer any material defect in the property or in his title of which he is aware and which the buyer could not discover with ordinary care. Breach of this duty renders the contract voidable at the buyer's option. The buyer may rescind or seek compensation rather than being confined to a fraud action.

Question 36Civil Law

Under the Easements Act, 1882, an easementary right acquired by prescription over a government land is:

  1. Valid only if recorded in the revenue records during the period of enjoyment
  2. Valid if enjoyed as of right and without interruption for twenty years
  3. Valid if enjoyed openly for twenty years
  4. Not acquireable, because prescription does not run against the government Correct answer.

Explanation

Section 15 of the Indian Easements Act, 1882 allows acquisition by prescription only where the easement is enjoyed peaceably, openly, as of right and without interruption for twenty years. Section 16 expressly excludes acquisition of easements by prescription against the government. Hence no prescriptive easement can be acquired over government land.

Question 37Civil Law

Under the Indian Easements Act, 1882, where an easement is enjoyed by a dominant owner over a servient heritage and the servient owner substantially alters the heritage so as to obstruct the easement, what is the dominant owner's remedy?

  1. He may institute a suit for removal of the obstruction and for damages, and may also seek an injunction Correct answer.
  2. He may only claim compensation and cannot seek restoration
  3. He loses the easement because the servient owner's act extinguishes it
  4. He may abate the obstruction himself without notice in every case

Explanation

Section 33 of the Indian Easements Act, 1882 provides that the owner of the dominant heritage may sue for removal of an obstruction to an easement and for damages. Section 35 allows an injunction to restrain disturbance. Self-help abatement is not a general licence; the statutory remedy is through the court.

Question 38Civil Law

Under the Indian Succession Act, 1925, a will made by a Hindu is revoked by which of the following?

  1. The alienation of the property bequeathed by the testator during his lifetime
  2. The birth of a son to the testator after the will
  3. The subsequent marriage of the testator, in every case
  4. The execution of a later will or codicil, or destruction of the will with intent to revoke Correct answer.

Explanation

Section 62 of the Indian Succession Act, 1925 makes a will revocable at any time by the testator. Revocation may occur by a subsequent will or codicil, by a writing declaring an intention to revoke, or by burning, tearing or otherwise destroying the will with the intention of revoking it. Marriage does not automatically revoke a Hindu's will, unlike the position under the English Wills Act.

Question 39Civil Law

A Hindu widow dies intestate leaving her deceased husband's property. Under the Hindu Succession Act, 1956, the property devolves in which order?

  1. Upon the State by escheat, since she has no independent heirs
  2. Upon the heirs of her husband, in the order specified for a male intestate Correct answer.
  3. Upon her own heirs, in the order specified for a female intestate
  4. Upon her husband's coparceners, since the property was joint family property

Explanation

Section 15(1) of the Hindu Succession Act, 1956 lays down a special order of succession for a female Hindu. Property inherited by a widow from her husband or father-in-law, in the absence of a son or daughter or their issue, devolves upon the heirs of the husband. Section 15(2) reinforces this rule for property inherited from the husband.

Question 40Civil Law

Under the Hindu Succession Act, 1956, a Hindu converts to Islam and thereafter dies intestate. Which law governs the succession to his property?

  1. The Indian Succession Act, 1925, as a residuary statute
  2. The Hindu Succession Act, because the property was ancestral
  3. The Muslim personal law, because he died a Muslim Correct answer.
  4. The law of the place where the property is situated

Explanation

Under the Hindu Succession Act, 1956, the Act applies to a person who is a Hindu by religion in any of its forms, including a convert to Hinduism. A Hindu who converts to another faith ceases to be a Hindu for the purposes of the Act, and succession to his estate is governed by the personal law of the faith he adopted. The property's ancestral character does not keep the Act alive.

Question 41Civil Law

Under the Hindu Adoption and Maintenance Act, 1956, a valid adoption of a child of the opposite sex by a male adopter requires which condition?

  1. That the adopter is at least twenty-one years older than the child and has the capacity to adopt Correct answer.
  2. That the adopter has no son or daughter living at the time of adoption
  3. That the adoption is registered in the office of the Registrar of Adoptions
  4. That the child is below fifteen years of age and unmarried

Explanation

Section 11 of the Hindu Adoption and Maintenance Act, 1956 requires that the person adopting have the capacity and right to adopt, and that the person giving in adoption be competent. Among the conditions, the adopter must be at least twenty-one years older than the child. Where a male adopts a female child or a female adopts a male child, the age gap requirement is expressly prescribed.

Question 42Civil Law

Under the Hindu Marriage Act, 1955, a marriage may be solemnised between two Hindus if the bridegroom has completed which minimum age?

  1. Eighteen years
  2. Twenty years
  3. Twenty-one years Correct answer.
  4. Sixteen years

Explanation

Section 5(iii) of the Hindu Marriage Act, 1955 prescribes that the bridegroom must have completed twenty-one years and the bride eighteen years at the time of marriage. This condition is one of the essential conditions for a valid Hindu marriage. A marriage in breach of the age condition is not void but is voidable only in the limited cases the Act specifies.

Question 43Civil Law

Under the Hindu Minority and Guardianship Act, 1956, who is the natural guardian of a Hindu minor's person and property in the case of an illegitimate boy?

  1. The mother only, and the father can never be a guardian
  2. The mother, and after her, the father Correct answer.
  3. The paternal grandfather, in preference to both parents
  4. The father, and after him, the mother

Explanation

Section 6 of the Hindu Minority and Guardianship Act, 1956 provides that for an illegitimate boy or unmarried illegitimate girl, the mother is the natural guardian, and after her, the father. This reverses the ordinary order applicable to legitimate children, where the father is the natural guardian first. The welfare of the minor remains the paramount consideration.

Question 44Civil Law

Under the Code of Civil Procedure, 1908, a plaint may be rejected under Order VII Rule 11 at which stage?

  1. Only after the framing of issues
  2. Only at the stage of final arguments
  3. Only before the defendant files a written statement
  4. At any stage of the suit before the passing of the decree, on the court's satisfaction Correct answer.

Explanation

Order VII Rule 11 of the Code of Civil Procedure, 1908 permits the court to reject a plaint at any stage of the suit if the grounds specified are made out, such as absence of a cause of action or a barred suit. The power is not confined to the initial stage. Rejection does not operate as res judicata and a fresh suit may be brought on the same cause of action.

Question 45Civil Law

Under the Code of Civil Procedure, 1908, an ex parte decree passed against a defendant may be set aside on which ground under Order IX Rule 13?

  1. That the plaintiff's evidence was insufficient to sustain the decree
  2. That the defendant has since discovered a better defence
  3. That the defendant was not served with summons or was prevented by sufficient cause from appearing Correct answer.
  4. That the decree is contrary to the weight of the evidence

Explanation

Order IX Rule 13 of the Code of Civil Procedure, 1908 allows the court to set aside an ex parte decree where the defendant satisfies it that the summons was not duly served or that he was prevented by sufficient cause from appearing when the suit was called on for hearing. The application must be made within thirty days of the decree. The merits of the plaintiff's case are not re-examined at this stage.

Question 46Civil Law

Under the Code of Civil Procedure, 1908, a plaint is returned under Order VII Rule 10 when the court finds that it has no jurisdiction. What is the effect of such return?

  1. The suit stands dismissed and cannot be refiled
  2. The plaint is presented afresh in the proper court and the suit continues from that stage Correct answer.
  3. The plaint is rejected as barred by limitation
  4. The suit is transferred to the proper court by the returning court itself

Explanation

Order VII Rule 10 of the Code of Civil Procedure, 1908 requires the plaint to be returned to the plaintiff for presentation to the proper court when the court lacks jurisdiction. The suit is not dismissed; the plaintiff may present the plaint in the competent court. Under Section 14 of the Limitation Act, 1963, the time spent in the wrong court may be excluded in appropriate cases.

Question 47Civil Law

Under the Code of Civil Procedure, 1908, a court may issue a commission for the examination of a witness in which of the following circumstances?

  1. Only where the witness resides outside the territorial jurisdiction of the court
  2. Whenever a party desires to avoid the expense of producing the witness in court, without more
  3. Only where both parties consent to the commission
  4. Where the witness is exempted from attending court or is unable to attend owing to sickness or infirmity Correct answer.

Explanation

Order XXVI Rule 4 of the Code of Civil Procedure, 1908 empowers the court to issue a commission for the examination of a witness who is exempted from attending court or who, by reason of sickness or infirmity, is unable to attend. The power is discretionary and is exercised in the interests of justice. Residence outside jurisdiction and consent of parties are not the only grounds.

Question 48Civil Law

Under the Code of Civil Procedure, 1908, a suit is barred by the doctrine of res judicata where which conditions are satisfied?

  1. The former suit was of a similar nature, irrespective of the parties involved
  2. The former suit was between the same parties, on the same subject matter, and the matter was heard and finally decided by a competent court Correct answer.
  3. The former suit was withdrawn by the plaintiff before evidence was recorded
  4. The former suit was decided by an inferior court and is under appeal

Explanation

Section 11 of the Code of Civil Procedure, 1908 bars a subsequent suit where the matter in issue was directly and substantially in issue in a former suit between the same parties or their representatives, litigated under the same title, and finally decided by a competent court. The decision must have been on the merits. Withdrawal without adjudication does not attract the bar.

Question 49Civil Law

Under the Specific Relief Act, 1963, a plaintiff seeks a permanent injunction to restrain the defendant from interfering with a right of way. Which condition must the plaintiff establish?

  1. That the plaintiff has a legal right and its infringement is threatened by the defendant Correct answer.
  2. That the plaintiff has already obtained a declaration of title in a separate suit
  3. That the defendant's conduct is merely anticipated and not yet threatened
  4. That the plaintiff will suffer irreparable loss regardless of any legal right

Explanation

Section 38 of the Specific Relief Act, 1963 permits a permanent injunction to prevent the breach of an obligation existing in favour of the plaintiff. The plaintiff must show a legal right and a threatened or actual infringement of it. The court exercises a discretion guided by justice and the absence of an adequate remedy at law.

Question 50Civil Law

Under the Specific Relief Act, 1963, rescission of a contract may be granted on which ground?

  1. That the contract has been partly performed by the defendant
  2. That the plaintiff has received a benefit under the contract and wishes to retain it
  3. That the contract is perfectly valid and the plaintiff merely regrets it
  4. That the contract is voidable or terminable by the plaintiff Correct answer.

Explanation

Section 27 of the Specific Relief Act, 1963 allows rescission where the contract is voidable or terminable by the plaintiff, or where it is unlawful for the defendant to perform it. Rescission restores the parties to their pre-contract position as far as possible. The court may also require the party rescinding to restore benefits received.