Judicial Services Mock Test - Comprehensive Indian Law

A valid contract must have:
Offer and acceptance
Lawful consideration
Capacity of parties
Free consent
Lawful object 

Ownership is transferred to buyer in the sale whereas only possession is transferred in bailment.
Buyer has no obligation to return the goods in case of sale. In case of bailment, bailee is duty-bound to return the goods after the accomplishment of the purpose.

If a Demand Promissory Note is executed and a loan facility is covered by a time barred DP Note, it is legally safe to be allowed to continue under the Contract Act

A quasi contract is not an actual contract, but is a legal substitute formed to impose equity between two parties.

Abatement is an equal reduction of recovery of debts by all creditors when there are not enough funds or assets to pay the full amount and the removal of a problem which is against public or private policy or endangers others, including nuisances such as weeds that might catch fire on an otherwise empty lot.

The act of A and B, who are cadets, has completed the components of Section 378 under Indian Penal Code. As and when the cadets take out the aircraft without the consent of authorities and fly away to Pakistan, offence of theft has been committed.

Under Indian Penal Code, every person has a right of private defence in case of his body and property. 

Under Indian Penal Code, right of private defence is available to every person, irrespective of age and capacity as provided under Section 96.

Whosoever intending to insult the modesty of a woman exposes private parts of his body to her or exhibits obscene drawings or utters any word is said to commit an offence under Section 509 of Indian Penal Code, 1860.

Culpable means deserving blame.

Indian Penal Code defines sedition as an incitement of discontent or rebellion against a government or any action, especially in speech or writing, promoting such discontent or rebellion. 

An inquiry into the cause of an unexplained, sudden or violent death or as to whether or not a property constitutes treasure trove.

Guarantee relates to main condition to a contract. Breach of guarantee gives the buyer the right to reject goods, repudiate the contract and claim damages.

(1) Under Section 449 of the Code of Criminal Procedure, 1973, an order passed by a magistrate under Section 446 is appealable to the Session Judge.

Before being summoned, the accused has got a right to participate in the proceeding.

(4) To minimise the burden of the courts.

A person cannot authorise an agent to enter into an arbitration agreement.

(3) An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of an separate agreement.

(2) An arbitration agreement in which the government is a party must comply with Article 299 of the Constitution.

(4) Jurisdiction cannot be objected as a separate agreement can be made for arbitration. The whole arbitration proceedings were valid.

Statement under Section 161 of the CrPC is made during investigation and it can be used to contradict the statement in the court during a trial.

For summoning an accused under Section 319 of the CrPC, a statement on oath in a trial is relevant.

The purpose of Section 313 is to give an opportunity to an accused to explain the facts appearing against him in the evidence. He is not examined here as a witness. Hence, under Section 313(2), oath is not required before taking the statement of an accused.

Ordinarily, place of trial is where the offence has been committed.

As provided under Section 2(x), warrant case means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.

Inquiry is conducted by a Magistrate with a view to find out an apparent nature of something on intial adjudication.

Compounding of offence means not to prosecute a criminal offender in exchange of money or other consideration.
Hence, it an acquittal of accused.

Right, because all above said courts are criminal courts.

The application for monthly allowance for interim maintenance and expenses under Section 125 of the Criminal Procedure Code shall be disposed of within 60 days from the date of notice of application to party.

Summons are when a court order directs a person to appear at a specific time and place. It can be issued in criminal and civil cases. 

Cognizance means a judicial notice as taken by a court in dealing with a case. 

Nothing is provided under law to take cognizance of an offence punishable for a term of more than three years of imprisonment.

Extortion takes a middle place between theft and robbery as per Indian Penal Code. 

Under Section 294 of Indian Penal Code, whoever does any obscene act in any public place or sings, recites or utters any obscene song, ballad or words in or near any public place shall be punished with imprisonment for a term which may extend to three months or with fine or with both.
  

A's plan is mens rea, that means intention to do the act.
Execution of plan is an actus reus.

A child under seven years of age cannot be arrested as law presumes that he is totally incapax to have a guilty mind.

Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished under Section 304 A of the Indian Penal Code.

An appeal shall lie to the Supreme Court from any judgement of a High Court if the High Court has on appeal, reversed an order of acquittal of an accused person and sentenced him to death or certifies that the case is a fit one for appeal to the Supreme Court or has withdrawn for trial before itself any case from any subordinate court and has convicted the accused person and sentenced him to death.

Nothing above is a valid defence to X.
Neither 1 nor 2 is correct

(3) “Nothing in Section 23 of the Indian Evidence Act, 1872 shall be taken to exempt any barrister, pleader, attorney or vakil from giving evidence of any matter of which he may be compelled to give evidence” is provided by the Indian Evidence Act, 1872 under Section 129 of the Evidence Act.

(2) In criminal proceedings, the fact that the person accused is of a good character is relevant.

(3) Doctrine of “Res Gestae” speaks of relevancy of facts forming part of some transaction.

(1) In criminal proceedings against any person, the husband or wife of such person shall be competent witness.

(1) Here, A, without making a complaint, said that she had been ravished. It may be relevant as a dying declaration under Section 32, clause (1) or as corroborative evidence under Section 157.

(4) As per preamble of the Indian Evidence Act, 1872, the purpose of this act is to consolidate, define and amend the law of evidence.

(1) Section 62 of Evidence Act makes it clear that where a document is executed in several parts, each part is a primary evidence of the document.

(2) The contents of documents may be proved either by primary or by secondary evidence.

(1) The fact of which the court will take judicial notice needs to be proved is provided under Section 56 of Indian Evidence Act, 1872.

This is a valid ground for releasing W from the liability of committing bigamious marriage. 

(3) A retracted confession is a statement made by an accused person before the trial begins by which he admits to have committed the offence, but which he repudiates at the trial.

(4) Opinion of an expert under Section 45 of the Indian Evidence Act, 1872 is corroborative as well as supportive in nature.

(1) There are five major exceptions to the best evidence rule, and they are found in Evidence Act, which specifically authorises “other evidence” to prove the contents of a document.

(1) In criminal proceedings, the fact that the accused person has a bad character is irrelevant unless evidence has been given that he has a good character, in which case it becomes relevant.

(1) In Vimal vs. State of Maharashtra, an accused was named in all dying declarations as per who poured kerosene on deceased and set him on fire. Dying declarations though more than one are not contradictory to and inconsistent with each other. It was held that evidence of witnesses corroborating dying declarations reliance can be placed on such dying declarations.

(2) Section 114 of the Indian Evidence Act says that the court may presume that an accomplice is unworthy of any credit unless corroborated in material particulars. It is a presumtion of law.

(3) Order 42 of the Civil Procedure Code, 1908 deals with the appeal from appellate decrees.

(1) The court in Shaik Fakruddin v. Shaik Mohammed Hasan observed that the court has the power to order a person to undergo medical test and such an order would not be in violation of the right of personal liberty under Article 21 of the constitution. However, the court should not exercise such a power only when it is expedient in the interest of justice and when the fact situation in a given case warrants such an exercise. The DNA test cannot rebut the conclusive presumption envisaged under Section 12 of the Evidence Act. The parties can avoid the rigor of such conclusive presumption only by proving non access, which is a negative proof.

(2) Order 19 of Civil Procedure Code, 1908 ie related to affidavit.

(1) Supreme Court held so in the case of Rang Bahadur Singh v. State of UP.

(1) Under the provisions of Order VII Rule 11 (a) of Code of Civil Procedure, a plaint shall be rejected where it doesn’t disclose a cause of action.

(3) Where a caveat has been lodged under sub-section (1) of Section 148A of Code of Civil Procedure, such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged.

(4) Attachment before judgement is provided under Order 38 Rules 5-13 of Code of Civil Procedure.

(3) Execution of decree for specific performance for restitution of conjugal rights or for an injunction is provided under Civil Procedure Code, 1908 under Order 21 Rule 32.

(4) Garnishee means a judgment debtor’s debtor. He is a person or institution that is indebted to another whose property has been subject to garnishment. He is a person who is liable to pay a debt to a judgment debtor or to deliver any movable property to him. Garnisher is a judgment-creditor (decree-holder) who initiates a garnishment action to reach the debtor’s property that is thought to be held or owned by a third party.

(2) Order VIII of Code of Civil Procedure is related to “set-off” and “counter-claims”.

(a) Legal Representative: Section 50
(b) Letter of Request: Section 77
(c) Notice: Section 80
(d) Res-Sub-Judice: Section 11

(4) A document by presentation of which the suit is instituted is called a plaint.

(2) A person in whose favour a decree has been passed or an order capable of execution has been made is called decree holder.

(3) A statement given by judge on the ground of decree or order is called judgement.

(2) Under the Civil Procedure Code, 1908, “Foreign Court” means a court situated outside India and not established or continued by the authority of the Central Government.

(4) In order to prevent the ends of justice from being defeated, a court may

(a) issue a warrant to arrest the defendant and bring him before the court to show cause why he should not give security for his appearance and if he fails to comply with any order for security, commit him to the civil prison;
(b) direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the court or order the attachment of any property;
(c) grant a temporary injunction and in case of disobedience, commit the person guilty thereof to the civil prison and order that his property be attached and sold.

(3) General rule is that a suit for the recovery of property may be instituted in the court where the subject matter of the dispute situates.

(4) “Guardian at litem” used under the Civil Procedure Code, 1908 means a person defending a suit on behalf of a minor.

(2) As per Section 2(12) of the CPC, “mesne profits” of property means those profits which the person in wrongful possession of such property actually received or might, with ordinary diligence, have received therefrom, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession.

In case of a Hindu minor unmarried girl, the natural guardian is the father and after him, the mother provided that the custody of a minor who has not completed the age of five years shall ordinarily be with mother.

Any marriage solemnised between two Hindus is void if at the date of such marriage, either party had a husband or wife living and the provisions of sections 494 and 495 of the Indian Penal Code shall apply accordingly.

Under shia law, he must be of sound mind and must have attained the age of puberty. It must be pronounced orally in the presence of two witnesses unless he is unable to speak. 

Section 8 of the Hindu Marriage Act, 1955 provides that where any direction for registration has been issued, any person contravening any rule made in this behalf shall be punishable with fine, which may extend to twenty-five rupees only. 

Section 25 of the Limitation Act provides provisions for acquisition of easement by prescription.

Section 22 refers to cases of continuing breach of contract.

Shias and Malikis do not recognise this form. Shia law does not recognise any form of irrevocable talaq. It is legally valid for Sunnis but not for Shias.
Talaq-ul-Biddat is recognised by Sunni muslims but considered sinful. It has been said that this type of Talaq is theologically improper. 

Section 10 of the Hindu Adoption and Maintenance Act, 1956 states persons who may be adopted.

In adoption, the following conditions must be complied with:

1. If the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son living at the time of adoption.
2. If the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter living at the time of adoption.
3. If the adoption is by a male and the person to be adopted is a female, the adoptive father must be at least twenty one years older than the person to be adopted.

Effect of acknowledgement — Section 18
Effect of fraud or mistake — Section 17
Exclusion of time in certain other cases — Section 15
Exclusion of time of proceeding in court without jurisdiction — Section 14
 

Expulsion of a partner is given under Section 33 of the Partnership Act, 1932.

Section 12 of the Limitation Act states provisions for exclusion of time in legal proceedings.
Section 13 of the Limitation Act deals with the provisions of exclusion of time in cases where leave to sue or appeal as a pauper is applied for.
Section 14 deals with exclusion of time of proceeding bonafide in court without jurisdiction.
Section 15 of the Limitation Act states provisions for exclusion of time in certain other cases.

Under section 56 of the Partnership Act, the State Government may, by notification in the Official Gazette, direct that the provisions of registration shall not apply to a state or to any part thereof specified in the notification.

Under Section 36 of the Partnership Act, an outgoing partner may carry on a business competing with that of the firm and he may advertise such business, but subject to contract to the company, he may not
a) use the firm name,
b) represent himself as carrying on the business of the firm, and
c) solicit the custom of persons who were dealing with the firms before he ceased to be a partner.
  

Section 50 of Partnership Act provides provisions for personal profits earned after dissolution.

It means that consideration which is enforced by law and also relevant for making a valid contract under Section 10 of the Contract Act, 1872.

Liability of estate of deceased partner — Section 35
Right of outgoing partner to carry on competing business — Section 36
Right of outgoing partner in certain cases to share subsequent profits — Section 37

Amritsar is the holiest city in Punjab and home to the Golden Temple (Harmandir Sahib), the most sacred gurdwara and spiritual center of Sikhism. It is a major pilgrimage destination for Sikhs worldwide. Jalandhar, Ludhiana, and Bathinda are important cities but not primarily known as holy places.

(2) Sale of Goods Act defines that price means the money consideration for the sale of goods.

(3) An executed contract is one where all parties have fully performed all of the terms, promises and obligations within the contract and an executory contract is the one where the terms, obligations and promises have not yet been performed. Contract of sale is an executory contract with regards to agreement to sell and executed contract with regards to contract of sale.

(1) Under the Sale of Goods Act, where there is a contract for the sale of goods by description, there is an implied condition that the goods shall correspond with the description.

(1) Caveat emptor defines a maxim “qui ignorare non debuit quod jus alienum emit” which means let the purchaser beware; who ought not to be ignorant that he is purchasing the rights of another. Upon a sale of goods, the general rule with regard to their nature or quality is caveat emptor.

(4) An injunction under Section 39 of the Specific Relief Act may be granted to prevent the breach of legal obligation where it is necessary to maintain status quo.

(3) Any person having the possession or control of a particular article of movable property of which he is not the owner may be compelled specifically to deliver it to the person entitled to its immediate possession in any of the following cases:
(a) when the thing claimed is held by the defendant as the agent or trustee of the plaintiff
(b) when compensation in money would not afford the plaintiff adequate relief for the loss of the thing claimed
(c) when it would be extremely difficult to ascertain the actual damage caused by its loss
(d) when the possession of the thing claimed has been wrongfully transferred from the plaintiff

(1) Section 18 under the Specific Relief Act deals with specific performance with variation.

(1) All the provisions of the Specific Relief Act based on the descretion of the court. Even all the conditions for a declaratory decree are fulfilled even then the court can decline for the relief.

(2) It came into force on the first day of July, 1882.

(2) Section 32 of the Specific Relief Act states that where an instrument is evidence of different rights or different obligations, the court may, in a proper case, cancel it in part and allow it to stand for the residue.

(4) Section 122 defines that "Gift" is the transfer of certain existing movable or immovable property made voluntarily and without consideration by one person called the donor to another called the donor and accepted by or on behalf of the donee. Acceptance to the gift must be made during the lifetime of the donor and while he is still capable of giving. If the donee dies before acceptance, the gift is void.

(1) Section 132 of the Transfer of Property Act states that the transferee of an actionable claim shall take it subject to all the liabilities and equities and to which the transferor was subject in respect thereof at the date of the transfer.

(4) Section 12 clearly states that nothing in this section applies to a condition in a lease for the benefit of the lessor or those claiming under him.

(2) Section 17 of the Transfer of Property Act, 1882 deals with the “direction for accumulation”.

The Ryder Cup is a prestigious biennial golf competition between teams from the United States and Europe. It is one of the most famous events in professional golf, not football, badminton, or cricket.

Indian Penal Code u/s 375 defines rape as when a person commits sexual intercourse with a woman against her will or without her consent and consent is immaterial if she is under sixteen years of age.
Indian Penal Code u/s 375 defines rape as when a person commits sexual intercourse with a woman against her will or without her consent and consent is immaterial if she is under sixteen years of age.

Causing wrongful gain to one person or wrongful loss to another person is said to be done dishonestly.

For the commutation of death sentence, consent of the offender is not required under Indian Penal Code

As provided in the definition section under the Limitation Act, defendant includes any person from or through whom a defendant derives his liability to be sued and any person whose estate is represented by the defendant as executor, administrator or other representative. 

The Supreme Court is regarded as the guardian of the fundamental rights of the people. It is the supreme or final interpreter of the constitution. The interpretation of the constitution given by the Supreme Court is to be respected.

Consolidated fund of India and States is mentioned in Article 266 of the constitution.

The word 'socialist' was added in the preamble by the 42^nd Constitutional Amendment, 1976.

'My Country My Life' is the autobiography of L. K. Advani, a prominent Indian politician and senior leader of the Bharatiya Janata Party (BJP). The book covers his life, political career, and experiences in Indian politics.

The National Old Age Pension Scheme in India provides pension to Below Poverty Line (BPL) senior citizens aged 65 years and above. This is a key social welfare program under the National Social Assistance Programme (NSAP).

The Supreme Court shall be a court of record means all statements of the Supreme Court are binding law and shall have all the powers of such a court including the power to punish for contempt of itself.

Minimum number of judges which can give an advisory opinion to the President is half of the total strength of the Supreme Court.

The ratio of width to length of the National Flag is 2:3.

Article 124(4) of the constitution states provision for the impeachment of the judges of the Supreme Court.

If the Supreme Court is asked by the President to give advice on a question of law under Article 143, then the Supreme Court may refuse to give advice.

Civil law refers to a law dealing with the rights and duties of individuals towards each other.
Criminal law is a part of public law as the society or the people are directly involved.

The President is the head of the union executive. Such power has been given to him by the Constitution of India.

Mandamus is a judicial remedy in the form of an order from a superior court, to any government subordinate court, corporation or public authority to do or forbear from doing some specific act, which that body is obliged under law to do.

Provisions relating to amendment of the constitution are contained in Article 368.