This action might not be possible to undo. Are you sure you want to continue?
Sarita Soren 1. Design of the National Flag was adopted by the constituent Assembly of India in(a) July, 1948 (b) July, 1950 (c) July, 1947 (d) Aug., 1947 2. Who among the following was the chairman of the Drafting Committee of the Indian constitution ? (a) Rajendra Prasad (b) Tej Bahadur Sapru (c) C. Rajgopalachari (d) B. R. Ambedkar 3. What is the special constitutional position of Jammu and Kashmir ? (a) Indian laws are not applicable (b) It has its own constitution (c) It is not one of the integral part of India (d) k is above Indian constitution 4. The Indian constitution closely follows the constitutional system of (a) USA (b) U. K. (c) Switzerland (d) Russia 5. In a parliamentry form of government, real powers of the state are vested in the(a) council of ministers (b) President (c) Government (d) Parliament 6. The Directive Principles of state policy included in the constitution of India have been inspired by constitution of(a) U. S. A. (b) Ireland (c) Canada (d) Australia 7. What is the minimum permissible age for employment In any factory or mine ?
(a) 12 years (b) 14 years (c) 16 years (d) 18 years 8. Total number of members in a legislative council should not exceed that of a Legislative Assembly by9. Who is a highest Law Officer of a state ? (a) Attorney General (b) Advocate General (c) Solicitor General (d) Secretary General 10. Which of the following is also called the "house of elders"? (a) Rajya Sabha (b) Lok Sabha (c) Gram Sabha (d) Vidhan Sabha 11.Members of the Union Public Service Commission function (a) 60 years (b) 58 years (c) 62 years (d) 65 years 12. The first no confidence motion moved in the Lok Sabha After independence was in the year(a) 1954 (b) 1960 (c) 1963 (d) 1975 13. The Legislative Council in a state can be created or disbanded by the(a)State Legislative alone (b) Parliament alone (c) Parliament on recommendation of the state legislative (d) President on recommendation of the Governor l4.The Union Territories get representation in(a) Lok Sabha (b) Rajya Sabha (c) Both houses of Parliament (d) None of these
1 5 In a case of a deadlock between the two Houses of the parliament, the joint sitting is presided over by the(a) President (b) Vice-President (c) Speaker of Lok Sabha (d) Member of the Lok Sabha specially selected for the purpose 16. Joint sitting of the two Houses of Parliament are held to(a) elect the President of India (b) elect the Vice-President (c) adopt a constitution amending Bill (d) consider and pass a bill on which two Houses disagree 17. A money bill passed by the Lok Sabha has to be passed by Rajya Sabha within(a) 14 days (b) 21 days (c) 1 month (d) 3 months 18.Parliament of India is composed of(a) Lok Sabha only (b) Rajya Sabha only (c) Lok Sabha and Rajya Sabha (d) Lok Sabha, Rajya Sabha and President 19. When can the speaker exercise his right to vote In the House ? (a) whenever he desires (b) whenever the House desires (c) only in the event of equality of votes (d) whenever his party desires 20. Who presided over the meetings of the Rajya Sabha ? (a) President (b) Vice-President (c) Prime Minister (d) Speaker 21.Parliament or a State Legislature can declare a seat vacant of a member absents himself without permission from the sessions for(a) 30 days (b) 60 days (c) 90 days (d) 120 days 22. Members of the Rajya Sabha are elected according to
Which of the following can be abolished but not dissolved ? (a) Rajya Sabha (b) Municipal Bodies (c) State Legislative Council (d) None of these 24. The President of India can be removed from his office by the(a) Prime Minister (b) Lok Sabha (c) Chief Justice of India (d) Parliament 28. Under whose advice the President of India declares emergencey under Article 352 ? (a) council of ministers (b) cabinet (c) Chief ministers of all states (d) Prime Minister 27.(a) cumulative vote system (b) single non-transferable vote system (c) single transferable vote system (d) none of these 23. Which of the following appointment is not made by the President of India ? (a) Speaker of Lok Sabha (b) Chief Justice of India (c) Chief of the Air Force (d) Chief of the Army 25. The charge of impeachment against the President of India for his removal can be preferred by(a) Rajya Sabha (b) Lok Sabha (c) Speaker of Lok Sabha and chairman of Rajya Sabha (d) Both Houses of Parliament 26.Which subject was transferred from state list to concurrent list by the 42 nd amendment of the constitution ? (a) Agriculture (b) Education (c) Irrigation (d) Local self government 29.Who has the constitutional authority to decide tax share of states ? (a) Finance Minister (b) Finance Commission- .
In India. Which of the following Articles deals with the Amendment to our constitution ? (a) 356 (b) 368 (c) 370 (d) 372 34. political parties are given recognization by(a) President (b) Law Commission (c) Speaker of Lok Sabha (d) Election Commission 35.(c) Planning Commission (d) Union Cabinet 30.The Election Commission does not conduct the elections to the(a) Lok Sabha (b) Rajya Sabha (c) Local bodies (d) President's elections 36. For the enforcement of Fundamental Rights.Who appoints the Chief Election Commissioner of India ? (a) President (b) Prime Minister (c) Parliament (d) Chief Justice of India 37.Which High Court has jurisdiction over the state Arunachal Pradesh ? (a) Guwahati (b) Mumbai (c) Kolkata (d) Chandigarh 32.Who among the following is authorised to declare elections of the Lok Sabha ? . the Supren1 Court may issue a/an(a) decree (b) ordinance (c) notification (d) writ 31. Which of the following writs may be issued to enforce a Fundamental Right ? (a) Habeas corpus (b) Mandamus (c)' Prohibition (d) Certiorari 33.
which of the following states was the Panchayati Raj first introduced ? Rajasthan (b) Gujarat (c) U.(a) President (b) Prime Minister (c) Union Cabinet (d) Election Commission 38.In 1992 in which amendment the historic Panchayati Raj bill was adopted by the Parliament ? (a) 70th (b) 72nd (c) 74th (d) 68th 42.Which is at the apex of the three-tier system of Panchi Raj ? (a) Gram Sabha (b) Gram Panchayat (c) Zila Parishad (d) Panchayat Samiti 44.Which of the following is not a source of revenue to the village panchayats ? (a)Property Tax (b) House Tax (c)Land Tax (d) Vehicle Tax 43. P.Whir.Which of the following is a source of income of the Gram Panchayats ? (a) Income Tax (b) Sales Tax (c) Professional Tax (d) Levy Duties 40. The Panchayati Raj system was adopted to(a) make people aware of politics (b) decentralise the power of democracy (c) educate the peasants (d) none of these 39. Special representation in Panchayati Raj Institutlo given to (a) Women (b) Co-operative societies (c) Bar' A/ard classes (d) All of these 45. (d) Bihar 41.i article of the constitution directs the government to organise Village Panchayats- .
(b)27.Territorial waters of India extends up to how many nautical miles ? (a) 8 (b) 12 (c) 16 (d) 22 1.(a) Art-32 (b) Art-40 (c) Art-48 (d) Art-51 46.(c) 49.(a)18.(d)35.(d)17.(a) 25.(c)50. Protection of the interests of the minorities is envisaged in which of the folic policies ? (a) 14 (b) 19 (c) 29 (d) 32 50.(b)42.(0 36. (a)9.(b)21. (b)5. (b)8.(b)29.(d) 31. (0 2.(a) 43.(c)16.(d) 19. (b)4.(b)30. Radhakrishnan (b) Dr.(a)47.The only President of India who was elected unoppoi is(a) S.(c)44.(d)28.(b)22.(d)12.(a)14.(c) 13.(b)39.Planning Commission is a(a) Statutory body (b) Executive body (c) Autonomous body (d) None of these 47.(c)24.(a)33.(a)32. (b)10.(a)11.(c)23.(b)34.(d)48.(a) 37.(b) .(a)38. (a)6.(d)40.(a)41.(d)26.(d)45.(c)15. (d)3. (b) 7.(c)20.(b)46.Which of the following is not an essential element state(a) Population (b) Territory (c) Sovereignty (d) Democracy 48. Zakir Hussain (c) Neelam Sanjeeva Reddy (d) Fakhruddin Ali Ahmad 49.
5. What is the name of suit brought by a person from whom two persons claim a debt adversely to one another and who claims no interest to that and ready to deliver it to rightful claimant? Interpleader suit 7.83] 6. Can alien enemies residing in India sue without permission? No.64] 2. A provision for referring matters to Adalath was inserted but came into force only with effect from 2002. Which Section deals with the power of Court to issue commissions? Section 75. Void [Sec. can sue with permission of Central Government[Sec. What number of days will a judgement debtor be imprisoned for obstructing the decree holder from taking possession of immovable property? 30 days [Section 74] 4. Section 73 3. Which one .Private alienation of property after attachment is _________.LEGAL/LAW QUIZ OBJECTIVE QUESTIONS:CIVIL PROCEDURE CODE 1. Rateable distribution of proceeds of sale in execution of a decree is provided under __________ .
Where a court is satisfied that a case pending before it involves a question as to the validity of any Act. Are ministers of states exempted from personal appearance in court? Yes. what can the Court do? Reference to High court. What is the maximum duration granted by the court in its discretion to a party on his application. it? 8. Can a person dispute the correctness of the preliminary decree in any appeal preferred against the final decree. Can the appellate court take additional evidence? Yes[107(1)(d)] 12. 14. to do a paricular . What is the pecuniary limit for Second Appeal as provided in Section 102 of CPC? Must be above TwentyFive Thousand rupees 11.is Section 89. if he has not appealed from that preliminary decree? No[Section 97] 9. 13. According to Section 100(1) what should be satisfied to prefer a Second Appeal? Substantial question of law 10.
A summons shall be accompanied by copy of plaint. Yes 17. Is it mandatory for a court to issue summons if at the presentation of the plaint the defendant has appeared and admitted the plaint claim? No[Proviso to Order 5 Rule 1(1)] 19. 21. came into effect from 2002.[Order1 Rule 13] 18. 1999. Order 5 Rule 20. Is a written statement to be supported by affidavit? Yes[Order 6 Rule 15(4)] 22. What is the maximum number of days a person will get to amend his pleadings if no time is prescribed by the Court . What is the validity of the Caveat in number of days? 90 days[148A(5)] 16. When should an objection as to non-joinder be raised? Before settlement of issues. This rule was formulated in amendment in _____. Can a court in its own motion correct clerical mistakes in judgement. Provision for substituted service is incorporated under _________.thing if the time fixed for it has already expired? 30 days in total 15.[Order 5 Rule 2] 20.
[Order 6 Rule 18] order? 23. Rejected[Order 7 Rule 11(b)] 25. Which provision specifically enables the court to pronounce judgement in case the defandant fails to file written statement or subsequent pleadings? Order 8 Rule 10 27. What can the Court do when the suit is called on for hearing and the plaintiff fails to appear and the defendant . What can the court do when neither party appears when it is called for hearing? Suit may be Dismissed[Order 9 Rule 3] 28. Returning of plaint is provided under _________. What type of cause is to be shown in an application to set aside exparte order? Good Cause[Order 9 Rule 7] 29. the suit will be ________ . Can a document which is not produced with the plaint and which ought to be produced by the plaintiff be received in evidence on his behalf. Can be with the leave of the Court[Order 7 Rule 14(3)] 26. Where the relief claimed in the suit is undervalued and the plaintiff fails to correct the valuation even after time provided by the Court.in its 14 days. Order 7 Rule 10 24.
Power of court to recall and examine witness 34. attachment[Order 21 Rule 31] 36. detention. What all methods court can follow in an execution for specific movable property? Seizure.[Order 9 Rule 13] 31.only appears and admits the claim? Court can pass decree against defendant[Order 9 Rule 8] 30. What is the maximum time granted to Court by the code to draw up a decree after pronouncing judgement? 15 days[Order 20 Rule 6A] 35. Order 18 Rule 17 of the Code deals with _________ . Order 18 Rule 1 33. What type of cause is needed in an application to set aside an exparte decree? Sufficient cause. Provision to examine defendant and his witness even before the plaintiff under certain circumstances is mentioned in _________ . What remedy lies with the court in an execution of a decree for the payment of money where the judgement debtor is likely to leave the local limits of its jurisdiction . Can the fact that the pleader of a party is engaged in another court be put forward as a good ground for adjournment? No[Order 17 Proviso c] 32.
with an object to delay the execution? Issue warrant of arrest. A judgement debtor's debtor is called ________ . Can a claim with regard to attached property in execution be made after the property is sold? No.[See proviso to Order 21 Rule 37(1)] 37.[Proviso (a) to Order 21 Rule 58] 41. What are the general grounds specified in the Code for setting aside sale in execution? Material irregularity or fraud in publishing or conducting sale[Order 21 Rule 90] . How much amount of purchase money need a purchaser to deposit immediately after sale? 25 percent[Order 21 Rule 84] 42. Who has the power to fix scales for the subsitence allowance for the judgement debtors in civil prison? State Government[Section 57] Court thereupon fixes from the scale[Order 21 Rule 39(2)] 38. What can the court do in case the garnishee disputes liability? The court can try the issue as to determine liability[Order 21 Rule 46 C] 40. Garnishee[Order 21 Rule 46A] 39.
In which explanation of Section 11. Order 33 47. What will a person who institutes a suit for minor called? Next friend[Order 32 Rule 1] 46.43. The plaintiff may abandon the suit any time after its institution. What can the court do in case of a party's death not survived by any legal representative? The Court can appoint any authorised person to represent the estate. the principle of 'might and ought' embodied? Explanation IV 48. Suits by indigent persons are provided in _________ . Any person who intermeddles with the estate of the deceased person is called ________ .1909 49. What are mesne profits? . Legal representative[Section 2(11)] 50. When did the Code of Civil Procedure. Can a minor plaintiff abandon the suit? Can be with the leave of the Court[Proviso to Order 23 Rule 1] 45.[Order 22 Rule 4A] 44. 1908 come into force? January 1.
[Explanation to Section 10] 53.35A(2)] 56.17] 54. Which section empowers the Court to order any fact to be proved by affidavit? Section 30(c) 55. If the immovable property situates within the jurisdiction of different courts. satisfaction etc of the decree? Executing Court[Section 47] 57. What is the maximum amount of compensatory costs that can be awarded? 3000 rupees[S. in which court the suit may be instituted? In any court.Profits which the person in wrongful possession actually received[2(12)] 51.60(1)] .[sec. 52. Which court will determine questions relating to discharge. Do the pendency of a suit in foreign court preclude courts in India from trying a suit founded on same cause of action? No. Cannot[Proviso (n)sec. A right to future maintenance ________ be attached in execution. Section 6 of CPC deals Pecuniary jurisdiction of courts with _________.
[Section 29(2)] . Warrant case is a case relating to an offence punishable with death. imprisonment for life or imprisonment for a term exceeding two years. Answer: 2(x) 4.100 60. An appeal from a decree passed in appeal has been provided under_____. the suit will be_______. 5. Answer: Complaint. 'Guardian at litem' means person defending a suit on behalf of a _______.58. a report made by a police officer in a case which discloses. It is defined in ______ . Answer: Classes of Criminal Courts. The Court of Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding _______ years or of fine not exceeding _______ or of both. Answer: Investigation[Sectiom 2 (h)] 3. If the summons issued to defendant is returned unserved and the plaintiff fails to apply for fresh summons to the defendant within 7 days of the return.PC for the collection of evidence conducted by a police officer. the commission of a noncognizable offence shall be deemed to be a ________ . after investigation.PC. 10000 rupees. Minor Objective Questions:Criminal Procedure Code-1973 1. Section 6 of the CrPC defines ________ . Dismissed under Order 9. 2. sec. As per the Explanation to Section 2(d) of the Cr. __________ includes all the proceedings under the Cr. Rule 5 59. Answer: 3 .
[Sec 44(2)] 11. Answer: Section 39. Answer: S. Answer: can be.6. 47(3) 12. Answer: can be[Section 41(2)] 10. Ans: S. According to Sec. Power of Judicial Magistrate to issue search warrant to search persons wrongfully confined under circumstances that the confinement amounts to an offence is provided under __________ . Ans: 92(2) 16. 8.97.87] 15. 13. As per which provision a police officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place inorder to liberate himself or any other person who. Any magistrate may arrest any person ________________. Duty of public to give information about certain offences is provided under_________ . Answer: within his local jurisdiction. 82 14. A habitual thief as provided in Section. Answer: shall be. Power of Court to issue proclamation aginst person absconding is provided in _______ . Answer: one-fourth[Section 30(1)(b)] 7. Can a court issue warrant in lieu of summons? Answer: Yes. the imprisonment in default of payment of fine shall not exceed __________ of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of fine. . detained therein. 110 __________ arrested without warrant. Where imprisonment has been awarded as part of substantive sentence.[Section 41(1)(b)] 9. having lawfully entered for the purpose of making arrest. every warrant of arrest issued by a Court ________ in writing. Answer: S.70(1) of the Code. [Sec. Power of Court of Judicial Magistrate of first class to detain document within the custody of postal or telegraph authority is provided under ________ . Any person who has in his possession any implement of house-breaking without lawful excuse __________ arrested without warrant.
the magistrate can arrest that person if the offence is ________ . This is provided under ________ . Police officer's power to require attendance of persons acquainted with facts and circumstances of the case is mentioned in ___________ . Answer: Section 160(1) 27.[162(2)] . Plea Bargaining is contained in ___________.17. According to Sec. Power of conditional order for removing nuisance can be exercised by _________ . ______________ independent and respectable inhabitants of the locality in which the place to be searched is situated is necessary for a search with warrant.? Answer: One[Section 107(1)] 21.44-any offence] 26. Executive Magistrate may order a person likely to commit breach of peace to execute a bond for keeping the peace for a period upto ______ year/s.161 is to be signed. 20. 200[Section 136 of CrPC r/w Section 188 of IPC] 24. ___________ is an exception.133 may be penalised with simple imprisonment of _________ or fine of _______ rupees. Answer: 128 22. Answer: Section 27 of Indian Evidence Act. Enforcement of order of maintenance is provided under Section________ . A police officer's power to seize false weights and measures are provided in_______ . Answer: Section 153(2) 25. Answer: 1 months. Answer: Chapter XXI A 18. Answer: any police officer. Any person disobeying conditional order u/S. or with both. Answer: either cognizable/or non-cognisable[sec.[Sec. A police officer may reduce into writing the oral examination of persons acquainted with the case.102 __________ is empowered to seize property alleged or suspected to have been stolen. If an offence is committed by a person in the presence of a Magistrate. Answer: 2 or more[sec. Answer: Executive Magistrate. Ans: Section 161(3) 28. No statement under Sec.133] 23.100(4)] 19.
202(1)] 38. Answer: Need Not[Proviso to Section 200] 37. or is an idiot or a lunatic. A: 6 months. or is from sickness or infirmity unable to make a complaint. Any Magistrate __________ postpone issue of process against the accused on receipt of complaint.[174(1)] 33. Can a police officer on whom the powers of magistrate is conferred record confession under Section164? A: No[Proviso to Sec. 35.[Proviso (a) to Section 198] 36. 39. 30.29. A magistrate. Answer: Section 191.259 of the Code of Criminal Procedure has the power to convert a summons trial to a warrant trial relating to offence punishable for a term exceeding _________. A: Executive Magistrate. when the accused is residing at a place beyond the area in which he exercises jurisdiction.164(1)] 31. Dismissal of complaint is provided under Sec.178] 34. Further investigation in respect of an offence after report has been forwarded is provided under ______ .173(8) 32. he shall immediately give intimation to the nearest _________ . Section 164 of the Code of Criminal Procedure deals with ___________ . according to local customs and manners. Transfer of cases on application of accused is provided under _______ . Who can make a complaint when the victim is under age of 18 years. A: S. ought not to be compelled to appear in public? Answer: Any person on behalf with leave of court. Answer: shall[Sec.________. under S. . it may be inquired into and tried by a Court having jurisdiction over ________ local area. A: any of such [Sec. or is a woman who. Where it is uncertain in which of the several local areas an offence was committed. When an officer in charge of a police station receives information that a person has died under circumstances raising a reasonable suspicion that some other person has committed an offence. A: Recording of Confessions and statements by Magistrate. If a public servant acting in discharge of his official duties makes a complaint the Magistrate _________ examine on oath the complainant.
Order for disposal of property at conclusion of trial is provided under_______ and disposal of property pending trial in certain cases is provided under_______. 46.300(3)] 44. A: 317 41. 40. The Court _______ summon and examine or recall and re-examine any person if his evidence appears to it to be essential to the just decision of the case. 451 48.[Sec. The person injured afterwards dies. High Court's power of revision is provided under Section_______. Can A may be tried againg for culpable homicide? Ans: Yes. If same case upon complaint and police report against same accused. A: will not  49.PC. the period of limitation is ______. Ans: shall [Sec. A: shall[second head of Sec. A is tried for causing grievous hurt and convicted. the Magistrate __________ try together the complaint case and the case arised out of the police report as if both the cases were instituted on a police report.311] 45. Section 240 of the Code of Criminal Procedure deals with ____________ by magistrate in warrant cases. 50. A: 3 years.Ans: 203. 43.468 of Cr. ________. A search warrant issue by magistrate not empowered by law under Sec. A: Framing of charge. for an offence punishable with imprisonment for a term exceeding one year but not exceeding three years. Ans: without[Section 433] 47.94 ______vitiate proceedings. As per Sec. Generally absent applications are filed in the court as per Sec. Answer: 452. Answer: 401.[2007(1)KLT 226 Madras] . Government can commute sentence __________ the consent of the person sentenced. Can two or more persons be the complainant in one case? A: No.210(2)] 42.
Punishments. In every case in which sentence of death shall have been passed. Chapter IV . imprisonment for life shall be reckoned as equivalent to imprisonment for ______ years. partly by illegally omitting to give food to him. As per the provisions of IPC what is the maximum limit of imprisonment for non-payment of fine limited to the maximum of 100 rupees. the appropriate Government may. Twenty [Section 57] 5. A intentionally causes B's death. Section 53 of the IPC deals with ____________ . Murder [Section 36] 2. 3. _________the consent of the offender. where fine is the only punishment? 4 months  7. As per the provision of IPC while calculating fractions of terms of punishment. commute the punishment for any other punishment provided by IPC.OBJECTIVE QUESTIONS: Indian Penal Code-1860 1. General Explanations are provided in ________ of IPC. and partly by beating him. What is the limit of fine in case no sum is expressed to which it may extend in the IPC? Unlimited [Section 63] 6. A has committed _________ . Without [Section 54] 4.
Six. ____________ is an offence where a person by words or signs or otherwise brings into hatred or excites disaffection towards any Government established by law in India.8. and having the same intention as A. with a guilty intention. Sedition[124A] 12. or with fine. When two or more persons agree to do an act which is not illegal by illegal means.[120B(2)] 11. The offence of aiding a state prisoner or prisoner of war to escape is triable by __________. where no specific punishment is provided. if committed by a person capable by law of committing an offence.Whether A commits abetting? Yes[ Explanation 3 to Section 108] 9. such agreement is called ________ . Whoever is a party to criminal conspiracy other than a criminal conspiracy to commit an offence punishable with death. Sessions Court  . Criminal Conspiracy[120 A] 10. or both. abets a child or a lunatic to commit an act which would be an offence. A. life imprisonment for life. or rigorous imprisonment for a term of two years or upwards shall be punished with imprisonment for a term not exceeding ____________ months.
fires a pistol at Z. What is the maximum period of imprisonment for bribery? One year[171E] 15. What is the maximum amount of fine prescribed for offence of rashly driving on a public way? 1000 rupees  18. What is the offence commited by persons of unlawful assembly when force is used in prosecution of its common object? Rioting 14. A. on grave and sudden provocation. How many exceptions are provided under Section 300 IPC? Five 19. What offence A has committed? Attempt to commit culpable homicide . under such circumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder.13. What is the maximum period of imprisonment in case of intentional disobedience of summons from a Court of Justice? Six months  16. What is the maximum period of imprisonment for the offence of harbouring an accused charged with a capital offence? Seven years 17.
or unable to follow his ordinary pursuits is called _________ . Causes/attempts to cause-death/hurt/wrongful restraint or fear of these.20. in a competent court to try such subsequent suit or the suit or the suit in which such issue has been subsequently raised. Sixteen  22. Grievous Hurt  21. litigating under the same title. and has been heard and finally . or between the parties under whom they or any of them claim. 24. 23. Theft is robbery when the accused for the end of committing theft voluntarily _________. Section 415 25. How many persons are needed to call robberry a Dacoity? Five or more. Cheating is defined under _______ . for the purpose of inducing B to desist from prosecuting a civil suit. threatens to burn B's house. Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain. A. What offence A has committed? Criminal intimidation DISTINGUISH BETWEEN RES JUDICATA & ESTOPPEL • Res Judicata says that no court shall try any suit or issue in which the matter directly and substantially in issue has been directly and subsantially in issue in a former suit between the same parties. Sexual intercourse of a woman with her consent is considered rape if she is under the age of ________ years.
Conditional transfer is provided under ________of the Act.19] 8. A claim to any debt other than a debt secured by mortgage of property. A: 52 11. ResJudicata denies jurisdiction of the Courts to try the matter again. in any suit or proceeding between himself and such person or his representative. Sec______contains doctrine of Lis Pendens. A vested interest is_________ by the death of the transferree before he obtains possession. Condition restraining alienation is void. by his declaration.53A of the Act deals with __________. Transfer of property to idol is_________under TP Act.Which decision held that registration of an instrument operates as constructive notice to subsequent transferrors about its contents? A: Thilakdharilal v. Estoppel denies the party any right to make modified representation.___________is an exception. Res Judicata is based on the principle that there must be an end to a litigation. 1882 1.Estoppel seeks to prevent multiplicity of representation. A: Not defeated [Sec. 'Nemo dat quod non habet' means: A: one cannot transfer what he doesn't possess. act or omission intentionally caused or permitted another to believe a thing to be true and act upon such belief. to deny the truth of that thing. A: 2 or more witness 4.25 9. • Res Judicata is defined in Section 11 of the Code of Civil Procedure. Condition in a deed which restrains the alienation of property is _______. A: Sec. Thus it prevents multiplicity of suits. A: Not a transfer 3.________is required for Attestation under the Act. Res Judicata is a procedural rule to be followed mandatorily. A: Lease 7. Sec. neither he nor his representative shall be allowed. 10. A: Part Performance .decided by such court. hypothecation or pledge is called__________. • • • OBJECTIVE QUESTIONS: Transfer of Property Act. Khedanlal 2. Estoppel says that when one person has. It is a rule of evidence. Estoppel prevents multiplicity of representation. A: Void 6. A: Actionable Claim 5. Estoppel is defined in Section 115 of the Indian Evidence Act.
________is an instrument in writing containing an unconditional undertaking signed by the maker to pay a certain sum of money only to. A: Bill of Exchange[Sec. Payee[Sec. A lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent________registered. A: Promissory Note[Sec.8] 5.35 deals with __________ . Second mortgage by the mortgagor is called________. Objective Questions: Negotiable Instruments Act. This doctrine is called_______. A: Doctrine of Feeding the Grant by Estoppel. 20. or to the bearer. or to the order of a certain person. are the parties in a bill of exchange? A: Drawer. A: Sec. A: Sec.107] 13. ________is an instrument in writing containing an unconditional order. A: Holder in due course[Sec.82.7] 2.4] 3. directing a certain person to pay a certain sum of money only to. 14. 19: Where property subject to a mortgage belongs to two or more persons having separate rights.122] 15. A: 55 18. Who . signed by the maker.12. Sec.________is a person entitled in his own name to the possession of a promissory note. A suit to obtain a decree that a mortgagor shall be absolutely debarred of his right to redeem the mortgaged property is called a suit for__________.5] 4. bill of exchange or cheque. A: Gift[Sec.126 16. A: foreclosure[Sec. A: must be[Sec. Drawee. A seller is estopped from denying the fact that he was not the owner at the time of transfer. This is known as the Doctrine of Contribution. or to the order of a certain person or to the bearer. Rights and liabilities of buyer and seller is provided under Sec_____. A: Doctrine of Election. A: Holder[Sec.67] 17. Revocation of gift is provided under __________.1881 1. bill of exchange or cheque and to receive or recover the amount due thereon from the parties. It is provided under________. the different shares in such property is liable to be contributed rateably to the debt secured by the mortgage. _______is generally a person who for consideration became possessor of a promissory note. A: Puisne Mortgage.9] 6. _______ is the transfer of existing movable or immovable property made voluntarily and without consideration. Negotiable Instrument is defined in _________.
A: Sec 30 9.321-2 Questions Question No. read and understood is called________.Release and Payment are other modes[Sec. A: Proviso to Sec.A: Sec.118 of the Act deals with_______. A: Specially[Sec. A: Common intention[Sec. A: No obligation[Sec. A: words[Sec. Unless contrary is proved. A negotiable instrument made. A cheque is crossed_________when it bears across its face an addition of the name of a banker. Signing a document written. creates _________ of payment between the parties to the transaction. Criminal Procedure Code-S. or for a consideration which fails. A: Sec.138 for discharge of any debt or liability. either with or without the words "not negotiable". 82] 11. Liability of drawer to compensate the holder in case of dishonour is primarily provided under_______. accepted. A: Shall be[Sec. Compounding of offences is provided under________.18] 19. drawn. Sec. Jurisdiction etc are discussed in __________ of the Act. When the amount is stated differently in words and figures. Issuance of notice by the holder in case of dishonour is primarily provided in _________. Material alteration on a negotiable instrument renders it void.142 17. Condonation of delay in making complaint is provided under________.139] 20. What is the process by which a negotiable instrument is transferred to any person so as to constitute such person the holder called? A: Negotiation[Sec. A: Presumptions 15.43] 10. Cognizance.93 14.14] 8. A: Cancellation. __________is one mode by which the maker of a negotiable instrument discharges himself from liability.124] 16.13 7..1 Explain the discretionary power of Court under Section 321 of the CrPC which deals with withdrawal from prosecution? .87] 12. A: Sec. holder of negotiable instrument _________presumed to have received the cheque referred under Sec.___________is an exception. Penalties.147 18. the amount stated in _________is to be taken. A: Chapter 17 13. A: execution. endorsed or transferred without consideration.
State of Karnataka Present:Hon'ble Mr. upon such withdrawal.Balakrishnan & Hon'ble Mr.Justice B.. But the Court mentioned that the discretion has to be carefully exercised. Rakesh Jain Present: Hon'ble Mr. Justice D. Hon'ble Mr. The main points in the following cases will be of great help: Parties: Abdul Karim v. the accused shall be discharged in respect of such offence or offences.N. Although this case repeated what stated in the above case.. The prosecutor may be required to file an affidavit also and place it before the Court in sealed envelope. But this can be done with the consent of the Court. So the courts have a major role of exercising discretion while permitting to withdraw from prosecution.55)SC In the above case it was reiterated that withdrawal from prosecution can be only allowed in the interests of justice and only in cases which is likely to end in an acquittal. Another case on the point: Parties: Rahul Agarwal v.. Then the Court may consider the averments to its true satisfaction and if.. It was clarified that even if the government has ordered the prosecutor to withdraw from prosecution he must satisfy the Court that he has applied his mind in good faith to all the relevant materials of the case and public interest will be advanced by such withdrawal.Answer: Section 321 of the code deals with withdrawal from prosecution.No... it must make such order on the application as will indicate to a higher court that it has done all that the law requires it to do before granting consent. The relevant portion of the section is shown under: S. The public prosecutor or assistant public prosecutor may with the consent of the Court withdraw from the prosecution of a case. Bharucha. The application must aver these things and it must not cause injustice. upon such consideration..No.Srikrishna Citation: 2005(2) KLT SN 44(C. it also laid that if the conducting of the case will cause severe harassment of the accused and the withdrawal will bury the dispute and bring harmony to the parties it can be allowed. and.P.Justice K.P. (b) if it is made after a charge has been framed.-(a) if it is made before a charge has been framed. at any time before the judgment is pronounced. 8) SC In the above case the prerequisites or matters to be considered by the Court while granting permission to withdraw from prosecution was dealt with. ..K.. Sabharwal Citation:2001 (1) KLT SN 7 (C. he shall be aquitted in respect of such offence or offences. withdraw from the prosecution of any person either generally or in respect of any one or more of the offences for which he is tried.G.. As crime is an offence against the society withdrawal shall be permitted only when valid reasons are made out for the same.321-The public prosecutor or assistant public prosecutor in charge of a case may. Justice Y. or when under this code no charge is required. the court accords consent. with the consent of the Court. Thus it is clear that a prosecutor can withdraw from a case before and after framing of charge. Justice S. Mohapatra & Hon'ble Mr.
51) The above case reiterated the true meaning of advancement of public interest as a condition while permitting to withdraw from prosecution. where the investigation . When permission is granted to withdraw from only one case they will be getting an unfair advantage over the other party.No.V.No. Parties:Hamzakutty v. And if he is prepared to but in the interim the charge sheet is filed the right to statutory bail extinguishes. as the case may be the accused gets the statutory right to be released on bail. Such a practice will in no manner advance public interest.State of Kerala Present: Hon'ble Mr. otherwise than in the custody of the police.Question No. Criminal Procedure Code-Section 167(2)-1 Question The Question When will the right of the accused to seek statutory/compulsory bail extinguish? The Answer(Detailed) The accused when brought before the magistrate can move for bail. Ramadas Present: Hon'ble Mr. This is not what the precedents state by upholding the public interest.2 What is the proper procedure to be adopted when the prosecution case and counter case are pending while exercising power under S. But the right will extinguish if in the meantime or after the completion the police files charge sheet.Sankaranarayanan Citation: 1999(2)KLT SN 63(C.321? Answer: The above question has been discussed by two Kerala High court judgements. The proper procedure is to withdraw both cases. but no magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding-(i)ninety days. If it is a nonbailable offence the discretion of the magistrate to authorise to detain the accused varies from 60 to 90 days depending upon the gravity of the offence. They are as follows: Parties: Prathap Kumar v.68) In this case it was observed that when counter case is also pending and the withdrawal was on the ground of political clash only it should have done in both cases.Justice K. Mostly in political cases both rival groups may file case against other group.Ramkumar Citation: 2009(4)KLT SN 57(C. Even after the prescribed days he will not be released if he is not prepared to. A short glimpse into the provision will be helpful: S. if he is satisfied that adequate grounds exist for doing so. It is not the law that the accused gets released soon after the completion of days prescribed. But after the completion of 60 or 90 days. beyond the period of fifteen days.167(2) Proviso (a)-the magistrate may authorise the detention of the accused person.Justice V.
relates to an offence punishable with death. . If in the meantime the chargesheet is filed the right to bail remains. Any law which is in violation with the Part III is void. on the expiry of the said period of ninety days. where the investigation relates to any other offence. and. All enactments having statutory effect made by the authority of the State must cope up with the provisions of the Constitution.85)Bombay It was held that the right of filing for statutory bail is extinguished if the accused failed to exercise it and the prosecution has filed charge sheet.154/S.Oka Citation: 2006(1)KLT S 62(C.190(1)(a)-1 Question The Question How many persons can be complainants in one complaint? The Answer(Detailed) By virtue of Section 190(1) (a). and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter. The power of Constitution is so great. Criminal Procedure Code-S. The words 'if he is prepared to and does furnish bail' used in the section makes it clearer that it is the accused who has to diligently exercise the right. as the case may be. But even if the magistrate fails to inform the applicant the right extinguishes on filing of the charge sheet. The following decision will be helpful: Parties: Sajid Bashir Shaikh v.Basha Citation: 2007(1)KLT 226 Madras.Justice A. the accused person shall be released on bail if he is prepared to and does furnish bail.Justice K. the law of the land. imprisonment for life or imprisonment for a term of not less than ten years. So there is nothing in the code which provides for 2 or more complainants in the same complaint.e.N. or sixty days.Article 226-1 Question The Question Can a writ petition be maintained under Article 226 of the Constitution of India when there is availability of alternative remedy? The Answer (detailed) Constitution is the lex loci i. The fundamental rights are guaranteed under Part III of the Constitution of India. In para 5 it was made clear that a complaint made by two or more persons in respect of one and the same occurrence or transaction is not valid Constitution of India. He can on any day after that file the bail application. Parties: Thethavusamy v. Thus it can be clearly seen that right of accused arises as soon as the period prescribed is completed. The magistrate has an obligation to inform him of his right. Radhakrishnan Present: Hon'ble Mr.No.(ii) sixty days. State of Maharashtra Present: Hon'ble Mr. the magistrate can take cognizance of an offence upon receiving complaint from any person. Various courts have already given this dictum.S. But the right to statutory bail extinguishes.
Union Bank of India Present:Hon'ble Mr. an order of termination of passed without any show cause notice and without initiating any disciplinary proceedings and without an opportunity of hearing the party. but a selfimposed restriction. they are something extraordinary. The nutshell is stated below: Parties: Satwati Deswal v. Thus we can see that the availability of alternative remedy is not a bar. Various High Courts and Supreme Court at many times clarified this point in single bench and full bench decisions.75)SC In this case.State of Haryana Present: Hon'ble Mr. So an interesting question is whether a writ petition is maintainable when an alternative remedy is available. So normally the stand of the Courts is that its extraordinary jurisdiction under Art. There was a tendency to approach the High Court in all matters due to its extraordinary jurisdiction.Article 226 of the Constitution grants special extraordinary and discretionary powers to the High Courts to exercise jurisdiction. Thus unnecessary burden upon High Courts is limited.226 can be invoked. Whatever be the hue and cry about the burdening of upper Courts. It was held that writ petition is maintainable in spite of the alternative remedy of appeal. It was held that the right under Article 226 can be exercised even if there is alternative remedy as in this case the natural justice was violated and there is a violation of fundamental rights. In a case decided by the Kerala High Court in a Securitisation matter the power under Article 226 was discussed. .No. When there is patent illegality or the court of tribunal lacks jurisdiction or it acted without jurisdiction arbitrarily violating the fundamental rights and natural justice the power under Art. The nutshell is as follows: Parties: Betty v.Lodha Citation:2009(4) KLT SN 80(C. 58) In this case the Bank arbitrarily classified accounts as Non Performing Assets in violation of guidelines issued by Reserve Bank.Justice Antony Dominic Citation: 2007 (4) KLT SN 53 (C.226 will not lie when there is alternative remedy.No.Justice Tarun Chatterjee & Hon'ble Mr. The matters which would have ended in lower courts are burdening the High Courts.M. It is considered to be very vast. The latest in this point is reported in KLT journal.Justice R.
This action might not be possible to undo. Are you sure you want to continue?
We've moved you to where you read on your other device.
Get the full title to continue reading from where you left off, or restart the preview.