Indian Law and Jurisprudence

(2) In Surendara Kumar Verma v/s Central Govt. Indl. Tribunal, Supreme Court held that when retrenchment of a workmen is invalid, reinstatement can be ordered.

Under Section 114 of Evidence Act, the court may presume the existence of any fact which it thinks likely to have happened.

Opinion of experts is relevant under Section 45 of Evidence Act.

Section 1 of Indian Evidence Act expressly provides that the act is not applicable to affidavits presented to any court or proceedings before an arbitrator.

Test Identification Parade can be taken by any person whom the court authorises by police officer not below the rank of sub-inspector and by the court itself.

Option (1) is incorrect: No such provision under the Code of Criminal Procedure. Option (2) is incorrect: No such provision under the Code of Criminal Procedure. Option (3) is correct: Section 29 of the Code of Criminal Procedure says that the court of a Chief Judicial Magistrate may pass any sentence authorised by law, except a sentence of death or of imprisonment for life or of imprisonment for a term exceeding seven years. Option (4) is incorrect: No such provision under the Code of Criminal Procedure.

Option (1) is correct: Under Section 21 of the Indian Contract Act, 1872, a contract is not voidable because it was caused by a mistake as to any law in force in India, but a mistake as to a law not in force in India has the same effect as a mistake of fact.

Option (1) is correct: In case of a suit against the Central Government where it relates to a railway, no suit shall be instituted under Section 80 of the Code of Civil Procedure until the expiration of two months next after the notice in writing has been delivered to or left at the office of the General Manager of that railway. Option (2) is incorrect: In case of a suit against the Central Government, except where it relates to a railway, no suit shall be instituted under Section 80 of the Code of Civil Procedure until the expiration of two months next after the notice in writing has been delivered to or left at the office of a Secretary to that Government. Option (3) is incorrect: In case of a suit against a State Government, no suit shall be instituted under Section 80 of the Code of Civil Procedure until the expiration of two months next after the notice in writing has been delivered to or left at the office of a Secretary to that Government or the Collector of the district. Option (4) is incorrect: No such provision

Option (1) is incorrect: Provisions of Section 5 (Extension of prescribed period) are applicable to appeals. Option (2) is correct: Starting words of Section 5 states that provisions of this section are applicable only to appeal or any application other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908. Option (3) is incorrect: Provisions of Section 5 (Extension of prescribed period) are applicable to applications. Option (4) is incorrect: Option (2) is correct.

(1) Section 147 of the Negotiable Instruments Act, 1881 deals with offences to be compoundable.

Option (1) is incorrect: Section 11 of Specific Relief Act deals with cases in which specific performance of contracts is connected with trust enforceable. Option (2) is correct: Section 12 of Specific Relief Act deals with specific performance of part of contract. Option (3) is incorrect: Section 13 of Specific Relief Act deals with rights of purchaser or lessee against person with no title or imperfect title. Option (4) is incorrect: Section 14 of Specific Relief Act deals with contracts not specifically enforceable.

(1) The Motor Vehicles Act, 1939 was enacted to deal specifically with accidents arising out of the use of motor vehicles.

Option (4) is correct: Whoever drives any vehicle or rides on any public way in a manner so rash or negligent as to endanger human life or to be likely to cause hurt or injury to any other person, shall be liable to be punished.

Option (1) is incorrect: Chapter VI of the Specific Relief Act deals with declaratory decrees. Option (2) is incorrect: Provisions for mandatory injunctions are provided u/s 39. Option (3) is correct: Section 26 of Specific Relief Act provides when instruments may be rectified. Option (4) is incorrect: Provisions for rescission of contracts are provided u/s 27.

(4) Section 66F of the IT Act deals with cyberterrorism.