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Most Important Questions on

Constitution of India
Code of Civil Procedure,1908
Indian Contracts Act,1872
Specific relief Act,1963

Constitution of India

1. The golden triangle in Indian Constitution consists of:


(a) Articles 14, 15 and 16
(b) Articles 14, 19 and 21
(c) Articles 14, 21 and 32
(d) Articles 20, 21 and 32

2. In which of the following cases, the Supreme Court held that ‘strike by lawyers is illegal and unethical, and it
infringes Fundamental Rights of litigants for speedy trial?
(a) Dr. B.L. Wadhera v. NCT of Delhi
(b) Maneka Gandhi v. Union of India
(c) Lily Thomas v. Union of India
(d) Indra Sawhney v. Union of India

3. Consider the following statements: An accused person can be compelled to:


1. give his finger-prints
2. give evidence against himself
3. participate in the identification parade
Which of the above statements are correct?
(a) 1, 2 and 3
(b) 2 and 3
(c) 1 and 2
(d) 1 and 3

4. In which case did the Supreme Court observe that “Equality of opportunity admits discrimination with season and
prohibits discrimination without reason”?
(a) State of Kerala v. N.M. Thomas
(b) Air India v. Nargesh Mirza
(c) Ajay Hasia v. Khalid Mujib
(d) Anwar Ali Sarkar v. State of West Bengal

5. Which Article of the Constitution provides for reservation in promotion for Scheduled Castes and Scheduled Tribes .
(a) Article 15(4)
(b) Article 16(4)
(c) Article 16(4A)
(d) Article 16(4B)

6. In which one of the following cases has the Supreme Court upheld the constitutional validity of the Constitution
(93rd Amendment) Act introducing Article 15(5)?
(a) M. Nagaraj v. Union of India
(b) Ashok Kumar Thakur v. Union of India
(c) T.M.A. Pai Foundation v. State of Karnataka
(d) Indra Sawhney v. Union of India
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7. In which one of the following cases the new concept of doctrine of equality, i.e., ‘protection against arbitrariness’,
was propagated by Justice Bhagwati?
(a) Air India v. N. Mirza
(b) Pradeep Jain v. Union of India
(c) E.P. Royappa v. State of Tamil Nadu
(d) O.K. Bakshi v. Union of India

8. In which one of the following cases did the Supreme Court hold that an amendment of the Constitution under Article
368 was ‘Law’ within the meaning of Article 13?
(a) Golaknath v. State of Punjab
(b) Sajjan Singh v. State of Rajasthan
(c) Shankari Prasad Singh Deo v. Union of India.
(d) Keshavananda Bharati v. State of Kerala

9. A law, which abridges Fundamental Rights, is not a nullity but remains inoperative till the shadow of Fundamental
Rights falls over such rights. This is known as doctrine of
(a) Pleasure
(b) Pith and substance
(c) Eclipse
(d) Severability.

10. According to Article 13(3) of the Constitution of India, Law includes


(a) any ordinance, order, bye-law rule, regulation, notification, custom or usage having in the territory of India the
force of law
(b) any ordinance, order, bye-law, customs or usages
(c) any rules, regulations or notifications in India
(d) any law made by delegated authority in the country

11. The case of Unnikrishnan v. State of Andhra Pradesh deals with which of the following rights?
(a) Right to go abroad
(b) Right to Education
(c) Right to Privacy
(d) Right of an environment free from pollution

12. Right to life does not include Right to die was held in the case of:
(a) R. Rathinam v. Union of India
(b) State v. Sanjay Kumar Bhatia
(c) Chenna Jagdeshwar v. State of Andhra Pradesh
(d) Smt. Gian Kaur v. State of Punjab

13. “There is no reason to compel non-smokers to be helpless victims of air pollution’, was held in
(a) Murli S. Deora v. Union of India
(b) Samatha v. State of Andhra Pradesh
(c) M.C. Mehta v. Union of India
(d) None of the above.

14. The phrase ‘due process of law’ means:


(a) the judges in India cannot question the fairness or validity of a law, if it is within the limits of the Constitution
(b) judges in India can question the fairness or validity of an undue law if in their opinion it is unjust and in violation
of natural law
(c) judges in India can declare a law invalid simply because they don’t like it
(d) black letter law

15. In which of the following case compensation was first time awarded for violation of Fundamental Rights?
(a) Sunil Batra v. Delhi Administration
(b) Rudal Shah v. State of Bihar
(c) Dharam Singh v. State of Jammu & Kashmir
(d) None of the above

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16. Petitions to the Supreme Court under Article 32 are subject to the rule of Res judicata except
(a) Quo Warranto
(b) Habeas Corpus
(c) Certiorari
(d) Prohibition

17. Preamble was amended by which amendment?


(a) 42nd Amendment
(b) 44th Amendment
(c) 39th Amendment
(d) None of these

18. Preamble is part of Basic Structure in which case it was held?


(a) Keshavananda Bharti Case
(b) Golaknath Case
(c) Re Berubari Union
(d) None of these

19. Article 39A of the Constitution pertains to


(a) Equality before law
(b) Equality of opportunity in matters of public employment
(c) Equal justice and free legal aid
(d) Right of minorities to establish and administer educational institutions.

20. “Right to Work” in the Constitution can be traced in


(a) Fundamental Rights
(b) Directive Principles of State Policy
(c) Preamble of the Constitution
(d) None of the above

21. The Directive Principles of State Policy as embodied in Chapter IV of the Constitution were derived by us from-
(a) The Constitution of Ireland
(b) The Constitution of U.S.S.R.
(c) The Constitution of Switzerland
(d) The Gandhian Constitution for Free India

22. Fundamental duties have been added in the Constitution by 42nd Amendment Act, 1976 in accordance with the
recommendations of:
(a) Santhannam Committee
(b) Sarkaria Committee
(c) Swaran Singh Committee
(d) Indira Gandhi-Nehru Committee

23. When the President is to be impeached, the charge shall be preferred by;
(a) Either House of the Parliament
(b) The Upper House of the Parliament
(c) The Lower House of the Parliament
(d) Both the Houses of the Parliament simultaneously

24. In the Indian Constitution, the qualifications for the election of the President are mentioned in
(a) Article 55
(b) Article 56
(c) Articles 57
(d) Article 58

25. According to Article 71, Disputes arising in connection with the elections of a President or Vice-President are to be
enquired into and decided by
(a) The Supreme Court
(b) High Court
(c) Both by High Court and Supreme Court
(d) Tribunal established for that purpose
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26. According to Article 74(2) of the, Constitution, which of the following statements relating to the question whether
any, and if so what, advice was tendered by Ministers to the President would be correct?
(a) It shall not be inquired into in any court
(b) It can be inquired into the Supreme Court
(c) It can be inquired into in all the courts
(d) It cannot be inquired into in the High Courts

27. As per article 75(3) of the Constitution of India, the Council of Ministers shall be Collectively responsible to
(a) the House of the People
(b) the Council of States
(c) the President
(d) the Vice-President.

28. Under Indian Constitution, in performance of his duties. Attorney General for India, shall have right of audience
(a) Only Supreme Court
(b) Only in all the High Courts
(c) In all Courts of India
(d) Only in Supreme Court and Tribunals established by Central Government

29. Under Indian Constitution, in performance of his duties. Attorney General for India, shall have right of audience
(a) Only Supreme Court
(b) Only in all the High Courts
(c) In all Courts of India
(d) Only in Supreme Court and Tribunals established by Central Government

30. When the two Houses of Parliament differ regarding a Bill, then the deadlock is resolved by
(a) A joint sitting of two Houses
(b) The President of India
(c) The Prime Minister of India
(d) Special Committee

31. Who among the following presides over a joint session of Parliament?
(a) The President of India
(b) The Vice-President of India
(c) The Speaker of the House of the People
(d) The Chief Justice of India

32. "Creamy Layer” rules excluding the well placed members of a caste from reservation was first laid down in the case
of:
(a) Ashok Kumar Thakur v. State of Bihar
(b) Maneka Gandhi v. Union of India
(c) Indra Sawhney v. Union of India
(d) Minerva Mills v. Union of India

33. “Carry forward rule is ultra-vires” was held in


(a) Devadasan Vv. Union of India
(b) B. N. Tiwari V- Union of India
(c) Balaji v- State of Mysore
(d) State of Kerala v- N. M. Thomas

34. “Autre Fois Acquit” principle is related to:


(a) Retrospective - operators
(b) Double Jeopardy
(c) Ex-Post Facto Law
(d) Self - incrimination

35. In which of the following case the Supreme Court ruled that the word ‘life’ in Article 21 includes the 'right to livelihood’?
(a) Maneka Gandhi v. Union of India
(b) Chameli Singh v. State of U.P.
(c) Olga Tellis v. Bombay Municipal Corporation
(d) (a) and (b) both
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36. The remedy of “curative petition” was used By the Supreme Court in:
(a) M. Ismail v. Union of India
(b) Babu Singh v. Union of India
(c) Roopa Ashok Hurra v. Ashok Hurra
(d) Lily Thomas v. Union of India

37. Part IV-A was added to the Constitution of India by the:


Twenty-fifth Amendment Act
Forty-second Amendment Act
Forty-fourth Amendment Act
Fifty-second Amendment Act

38. Which provision of the Constitution of India confers pardoning power on the ‘Governor of a State?
(a) Article 171
(b) Article 151
(c) Article 161
(d) Article 163

39. Under which of the following Articles the President of India has a right to suspend the implementation of fundamental
rights during proclamation of emergency?
(a) Article 359
(b) Article 360
(c) Article 354
(d) Article 353

40. A proclamation of emergency under Article 356 must be passed by both the Houses of Parliament within
(a) 3 months
(b) 1 month
(c) 2 months
(d) 6 months

41. In which year, financial emergency was proclaimed under Article 360 of the Constitution in India?
(a) Never
(b) 1962
(c) 1965
(d) 1975

42. In which of the following, ratification by half of State Legislatures is required: —


(a) Amendment of Part III of the Constitution
(b) Amendment of Articles 73 and 162 of the Constitution
(c) Amendment of Part IV of the Constitution
(d) Amendment of Article 146 of the | Constitution

43. Assertion (A): The President has a right to seek advisory opinion of the Supreme Court on any question of law of fact.
Reason (R): The Constitution makes it obligatory for the President to accept the advice rendered by the Supreme
Court.
(a) Both (A) and (R) are true and (R) is correct explanation of (A)
(b) Both (A) and (R) are true and (R) is not correct explanation of (A)
(c) (A) is true, but (R) is false.
(d) (A) is false, but (R) is true.

44. Which of the following Articles provides that law declared by the Supreme Court is binding on all courts?
(a) Article 131
(b) Article 141
(c) Article 151
(d) None of the above

45. Disputes among the States in India come to the Supreme Court under
(a) Appellate jurisdiction
(b) Advisory jurisdiction
(c) Original jurisdiction
(d) None of the above
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46. “What cannot be done directly cannot be done indirectly". This statement relates to the doctrine of :
(a) Anciliary power
(b) Pith and substance
(c) Colorable legislation
(d) Implied power

47. Attorney-General holds office during the Pleasure of :


(a) The President
(b) The P.M.
(c) The Chief Justice of Supreme Court
(d) The Law Minister

48. In which Article of the Constitution, the Eligibility for re-election of the President is given?
(a) Article-57
(b) Article-58
(c) Article-59
(d) Article-60

49. Which Article of the Constitution postulates separation of judiciary from the Executive:
(a) Article 39
(b) Article 43-A
(c) Article 48-A
(d) Article 50

50. Who said that “Preamble to the Constitution of India is its spirit and back”?
(a) Justice P. N. Bhagwati
(b) Justice R. C. Lahoti
(c) Justice J.S. Verma
(d) Justice Krishna lyer

Code of Civil Procedure


51. In which of the following cases the Supreme Court has upheld the constitutionality of the Code of Civil Procedure
(Amendment) Acts of 1999 and 2002?
(a) Salem Advocate Bar Association, Tamil Nadu v. Union of India
(b) Delhi High Court Bar Association v. Union of India
(c) Allahabad High Court Bar Association v. Union of India
(d) Punjab and Haryana High Court Bar Association v. Union of India

52. Which one of the following is not a decree under Civil Procedure Code, 1908?
(a) Rejection of a plaint for non-payment of court fee
(b) Any order of dismissal for default
(c) Both (a) and (b)
(d) None of the above

53. Which of the following sections of the Civil Procedure Code is related to pecuniary jurisdiction of Civil Court?
(a) Section 4
(b) Section 5
(c) Section 6
(d) None of these

54. Courts have jurisdiction to try all suits of a civil nature except suits, the cognizance of which is either expressly or
impliedly barred, by virtue of:
(a) Section 7 of the CPC
(b) Section 8 of the CPC
(c) Section 9 of the CPC
(d) Section 6 of the CPC

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55. The doctrine of res judicata as contained in Section 11 of the Code is based on the maxim
(a) Nemo debit lis vexari pro uno et eadem causa
(b) Interest republicae ut sit finis litum
(c) Both (a) and (b)
(d) Neither (a) nor (b)

56. Explanation VII to Section 11 in the Code of Civil Procedure, 1908 was inserted by:
(a) Code of Civil Procedure (Amendment) Act, 1976
(b) Code of Civil Procedure (Amendment) Act, 1999
(c) Code of Civil Procedure (Amendment) Act, 2002
(d) None of the above

57. Which one of the following cases is related to the principle of res judicata?
(a) Satyacharan v. Devrajan
(b) M.S. Cooperative Marketing Federation Ltd. v. Indian Bank Bombay
(c) P.C. Jairath v. Amrit Jairath
(d) All the above

58. Suit relating to immovable property can be filed under Section 16 of Civil Procedure Code in such a court within whose
local jurisdiction:
(a) the defendant resides
(b) the defendant carries on business
(c) the property is situated
(d) the plaintiff resides or carries on business

59. Mohan residing in Mumbai beats Sohan in Delhi. Sohan may sue Mohan:
(a) only in Mumbai
(b) only in Delhi
(c) either in Mumbai or in Delhi
(d) none of these

60. Objection as to place of suing shall be allowed in the court of first instance under which one of the following sections
of Civil Procedure Code?
(a) Section 21-A
(b) Section 22
(c) Section 21
(d) Section 20

61. The general power of transferring suits under Section 24 of CPC lies with;
(a) High Court and the District Court
(b) High Court and Supreme Court
(c) High Court
(d) District Court

62. Which one of the following sections of the CPC deals with institution of suits?
(a) Section 29
(b) Section 13
(c) Section 27
(d) Section 26

63. Rules relating to interpleaded suit have been provided in the CPC, under which of the following orders?
(a) Order 50
(b) Order 35
(c) Order 55
(d) Order 40

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64. Any amount which a Court will order to be paid as compensatory costs in respect of false or vexatious claims or
defenses, shall not exceed the amount of:
(a) Two thousand rupees or the amount within its pecuniary jurisdiction, whichever is less
(b) Three thousand rupees or the amount within its pecuniary jurisdiction, whichever is less
(c) Four thousand rupees or the amount within its pecuniary jurisdiction, whichever is less
(d) Five thousand rupees or the amount within its pecuniary jurisdiction, whichever is less

65. Provisions relating to precepts are contained in section


(a) 40
(b) 44A
(c) 45
(d) 46

66. Which provision of CPC deals with enforcement of a decree against legal representative?
(a) Section-50
(b) Section-51
(c) Section-55
(d) None of the above

67. Section 56 of Civil Procedure Code specifically prohibits the arrest or detention in civil prison, in execution of a decree,
of:
(a) a sick person
(b) a minor person
(c) a woman
(d) all of these

68. Under Section 75 of Civil Procedure Code, the court cannot issue commission:
(a) to examine any person
(b) to make a partition
(c) to conduct sale of property which is not in the custody of the court
(d) to hold a scientific, technical or expert investigation

69. To examine a witness who is not residing in any place in India, Section 77 of the Code of Civil Procedure lays down
that, in lieu of issuing a commission, the Court may issue
(a) Summons
(b) Warrant
(c) Letter of Request
(d) Order of Appearance

70. Under which section of CPC a notice is required to be given at least two months before filing a suit against a Central
or State Government?
(a) Section 50, CPC
(b) Section 51, CPC
(c) Section 80, CPC
(d) Section 81, CPC

71. Which one of the following sections has been newly added by Civil Procedure Code (Amendment) Act, 1999?
(a) Section-87
(b) Section-88
(c) Section-89
(d) Section-90

72. On which of the following grounds, the second appeal shall lie for hearing before the High Court?
(a) From an appellate decree passed ex-parte
(b) From substantial question of law and facts
(c) On the satisfaction of High Court
(d) From every appellate decree of District Judge

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73. “No appeal shall lie from a decree passed by the court with the consent of the parties.” It is provided in:
(a) Section 96 (1), CPC
(b) Section 96 (2), CPC
(c) Section 96 (3), CPC
(d) Section 96 (4), CPC

74. Which Section of the Civil Procedure Code grants exemption to Members of Legislatures from arrest and detention
under civil process?
(a) Section 80
(b) Section 134
(c) Section 135-A
(d) Section 132

75. Which one of the following sections of the Code of Civil Procedure, 1908 embraces the principle of restitution?
(a) Section 134
(b) Section 144
(c) Section 148-A
(d) Section 151

76. Which Section of the Code of Civil Procedure provides for Right to lodge a ‘Caveat’?
(a) Section 148
(b) Section 148-A
(c) Section 153-A
(d) Section 153-B

77. Under which Section of the Code of Civil Procedure "Inherent powers of the Court” has been provided?
(a) Section 151
(b) Section 141
(c) Section 152
(d) Section 153

78. The duration of existence of a Caveat filed under Code of Civil Procedure, 1908 is
(a) 60 days from the date on which it was filed
(b) 30 days from the date on which it was lodged
(c) 120 days from the date when it was lodged
(d) 90 days from the date, when it was lodged

79. Which provision of the CPC provides that one person may sue or defend on behalf of all in same interest?
(a) Order I, Rule 1
(b) Order 2, Rule 2
(c) Order I, Rule 8
(d) Order I, Rule 9

80. Dasti summons for service on the defendant under Civil Procedure Code, can be given to the plaintiff under:
(a) Order V, Rule 9-A
(b) Order IV, Rule 7
(c) Order VI, Rule 6
(d) Order V, Rule 9

81. Under Civil Procedure Code, 1908 “every suit shall be instituted by presenting a plaint in duplicate to the court or such
officer as it appoints in this behalf.” This is provided under
(a) Section 26
(b) Section 20
(c) Order 3, Rule 11
(d) Order 4, Rule 1

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82. A defendant under Order V, Rule 1 (1) of the CPC 1908 is required to appear and answer the claim and to file the
written statement
(a) within 90 days from the date of service of summons
(b) within 60 days from the date of service of summons
(c) within 30 days from the date of service of summons
(d) within 15 days from the date of service of summons

83. Pleading under Civil Procedure Code means:


(a) Plaint only
(b) Written statement only
(c) Plaint and written statement both
(d) Plaint, written statement and replication

84. An application for amendment of pleadings is filed under:


(a) Order 6, Rule 17
(b) Order 6, Rule 5
(c) Order 38, Rule 5
(d) Order 21, Rule 1

85. A court-can return the plaint for presentation to the court in which the suit should have been instituted?
(a) At the time of institution of suit
(b) Before framing of issues
(c) Before the trial begins
(d) At any stage of the suit

86. Under Order 8, Rule 6 of Civil Procedure Code, set off may be permitted, if:
(a) the suit is for the recovery of money
(b) value of property recoverable is less than rupees two lacs
(c) defendant presents a written statement of accounts at any stage of hearing of the suit
(d) set-off claimed by the defendant, is ascertained sum of money

87. Dismissal of the suit under Rule 3 of Order 9 of the Code of Civil Procedure:
(a) bar a fresh suit in respect of the same cause of action
(b) does not bar a fresh suit in respect of the same cause of action
(c) may bring a fresh suit with the leave of the High Court
(d) may bring a fresh suit with the leave of District Judge.

88. A suit dismissed under Order IX, Rule 8 of CPC for non-appearance of the plaintiff can be restored under:
(a) Order IX, Rule 9
(b) Order IX, Rule 10
(c) Order IX, Rule 11
(d) None of the above

89. Date appointed by any Court for presenting list of witnesses by the parties to obtain summons to them for their
attendance in Court, shall not be later than:
(a) Ten days
(b) Fifteen days
(c) Eighteen days
(d) Thirty days

90. Which one of the following provision of Civil Procedure Code, 1908 is related to affidavit?
(a) Order 17
(b) Order 19
(c) Order 26
(d) Order 39

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91. Execution of decree for specific performance for restitution of conjugal rights or for an injunction is provided under
Civil Procedure Code, 1908, under:
(a) Order 21 Rule 30
(b) Order 21 Rule 31
(c) Order 21 Rule 32
(d) Order 21 Rule 34

92. Which of the following provisions of CPC provides for adjudication of claims and objections to attachment of property?
(a) Order 21, Rule 59
(b) Order 21, Rule 58
(c) Order 21, Rule 57
(d) None of the above

93. A “Garneeshe order” under Civil Procedure Code, 1908 is issued to:
(a) Judgment debtor
(b) Judgment debtor’s creditor
(c) Decree holder
(d) Judgment debtor's debtor

94. A person instituting a suit in “form of a pauper” is known as:


(a) Intelligent person
(b) Juristic person
(c) First person
(d) Indigent person

95. Order XXIII of the Civil Procedure Code prescribes which one of the following?
(a) Appeals
(b) Execution proceedings
(c) Withdrawal of suits
(d) All of these

96. Under Order 32, Rule 10 of the Code of Civil Procedure on the death of ‘next friend’, the suit shall be:
(a) dismissed
(b) stayed
(c) rejected
(d) dismissed or rejected
97. Under which Section/Order of the Civil Procedure Code a Provision is made to provide “free legal services to indigent
persons"?
(a) Section 151
(b) Section 115
(c) Order XXXII, Rule 18
(d) Order XXXIX, Rule 2

98. Under which of the following provision of the Civil Procedure Code, 1908 attachment before judgment is provided?
(a) Order 38 Rule 5-13
(b) Order 39 Rule 1 and 2
(c) Order 40 Rule 1
(d) Section 96
99. Under which provision of CPC the Collector may be appointed as a Receiver?
(a) Order 40, Rule 1
(b) Order 40, Rule 2
(c) Order 40, Rule 3
(d) Order 40, Rule 5
100. Under which provisions of Civil Procedure Code temporary injunctions are granted?
(a) Under Section 116
(b) Under Section 152
(c) Under Order 39, Rule 1
(d) Under Order 29, Rule 1
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Indian Contracts Act
101. Past consideration means
(a) Money received in the past without making even a proposal
(b) The price which is more than the promisor’s past expectations
(c) The price paid or service rendered at the desire of the promisor followed by a subsequent promise
(d) Consideration that was valuable in the past but has ceased to be of any value at the time of performance of
contract

102. The display of articles in a showroom with prices amounts to


(a) Offer to sell articles at prices mentioned
(b) Counter offer
(c) Invitation to offer
(d) Mere advertisement

103. In which case it was held that a contract through telephone is concluded at the place where acceptance is heard?
(a) Lalman shukla v. Gauri dutt, (1913) xl aljr 489 (all).
(b) Carlill v. Carbolic smoke ball co. (1981-4) all er rep 127.
(c) Bhagwandas goverdhandas kedia v. M/s girdhari lal parshottamdas & co. Air 1966 sc 543.
(d) Satyabrata ghose v. Mugneeram bangur & co., air 1954 sc 44.

104. Communication of acceptance is complete as against the proposer


(a) When it comes to the knowledge of the proposer
(b) When it is put in course of transmission to him so as to be out of power of the acceptor
(c) When the acceptance is communicated to the proposer
(d) All of the above

105. The term “consensus ad idem” means-


(a) No agreement can have more than one meaning
(b) To agree the same way
(c) To agree on the same thing with same sense
(d) To agree for different objects in the same sense

106. What is committing or threatening to commit any act forbidden by the IPC, or the unlawful detaining or threatening to
detain any property to the prejudice of any person with the intention of causing any person to enter into an agreement
called?
(a) Undue influence
(b) Fraud
(c) Coercion
(d) Intimidation

107. Which one of the following relation does not come within the undue influence relationship?
(a) Doctor and Patient
(b) Customer and Shopkeeper
(c) Lawyer and Client
(d) Master and Servant

108. A promise to pay a debt barred by the law of limitation, has been made enforceable under which section of the Indian
Contract Act?
(a) Section 32
(b) Section 47
(c) Section 25
(d) Section 8

109. ‘A’ applies to a banker for a loan at a time when there is stringency in the money market. The banker declines to make
the loan except at an unusually high rate of interest. ‘A’ accepts the loan on these terms. In this case the contract is
(a) Vitiated by undue influence.
(b) Valid because this is a transaction in the ordinary cause of business.
(c) Void because the banker took unfair advantage of stringency in the money market.
(d) Voidable at the option of ‘A’ who was deceived by the banker.
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110. A, who deals only in coconut oil, enters into an agreement with B to sell 50 tons of oil. The agreement is
(a) Enforceable by law
(b) Void due to uncertainty
(c) Voidable due to uncertainty
(d) None of the above

111. ‘A’ makes a contract with ‘B’ to buy his house for Rs. 50,000 if he is able to secure a bank loan for that amount contract
is:
(a) Void for vagueness
(b) Wagering contract
(c) Contingent contract
(d) Voidable contract

112. A promise to paint a picture for B by a certain day at a certain price. A dies before the day.
(a) The agreement does not lapse and can be confirmed by or against the legal representatives of A.
(b) The agreement becomes voidable at the option of A’s legal representatives.
(c) The agreement lapses for both the parties.
(d) The agreement becomes unlawful.

113. Restoration of benefits received under a void contract is possible under Indian Contract Act in:-
(a) Section 62
(b) Section 63
(c) Section 64
(d) Section 65

114. Under Indian Contract Act, 1872, destruction of subject matter of contract leads to:
(a) Performance of contract
(b) Discharge by impossibility
(c) Breach of Contract
(d) Renovation of Contract

115. Reciprocal promises provide for doing certain things which are legal and certain others which are illegal, under Section
57:
(a) the first set is valid but the second set is void
(b) the first set is voidable but the second set is void
(c) the entire set of promises is void
(d) the entire set of promises is valid

116. Under Indian Contract Act, 1872, A promises B to drop a prosecution which he has instituted against B for robbery,
and B promises to restore the value of the things taken. The agreement is
(a) valid
(b) invalid
(c) void
(d) voidable

117. The intimation under Section 59 of the Indian Contract Act, 1872
(a) must be implied
(b) must be expressed
(c) may be either expressed or implied
(d) none of the above

118. Change of the nature of the obligation in a contract is known as:


(a) Rescission
(b) Novation
(c) Renovation
(d) Alteration

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119. The case of Frost v. Knight, (1872) LR7 E 111, related to:
(a) anticipatory breach of contract
(b) frustration of contract
(c) remission of performance of contract
(d) discharge of contract by agreement

120. Which of the following cases is related to the ‘doctrine of frustration’?


(a) Hadley v. Baxendale
(b) Carlill v. Carbolic Smoke Ball Co.
(c) Satyabrata Ghosh v. Mugneeram
(d) Madras Railway Co. V. Govind Rao

121. When a minor is supplied with necessaries of life, the supplier:


(a) Cannot recover the price
(b) Can recover the price
(c) Can recover the price from the property of minor
(d) Can file a criminal case

122. In Indian Contract Act, certain relations resembling with contracts are provided under
(a) Chapter IV
(b) Chapter V
(c) Chapter VI
(d) Chapter VII.

123. In Indian Contract Act, the responsibility of finder of goods is provided under
(a) Section 68
(b) Section 69
(c) Section 70
(d) Section 71

124. Section 73 of the Indian Contract Act incorporates rules from which of the following cases?
(a) East Ham B.C. v. Bernard Sunley & Sons Ltd.
(b) Shearson Lehman Button Inc v. Maclaine Watson & Co. Ltd.
(c) Hadley v. Baxendale
(d) Fish v. Kempton

125. The loss or damage arising from a breach of contract has to be ascertained
(a) At the date of the breach of contract
(b) At the time of making of contract
(c) At the discretion of Court
(d) None of the above

126. Section 124 of Indian Contract Act, includes under Contract of Indemnity the
(a) Losses caused by human conduct
(b) Losses caused by accident
(c) Losses caused by natural calamity
(d) None of the above

127. A, B and C as sureties for D, enter into three several bonds, each in a different penalty, namely, A is the penalty of
Rs. 10,000, B is that of Rs. 20,000 and C in that of Rs. 40,000 conditioned for D’s duly accounting to E. D makes
default to the extent of Rs. 30,000. The liabilities of A, B and C are
(a) Only A is liable to pay
(b) Only B is liable to pay
(c) Only C is liable to pay
(d) A, B and C are each liable to pay

128. Section 170 of Indian Contract Act deals with:


(a) General lien
(b) Particular lien
(c) Wharfing lien
(d) Broker’s lien
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129. On which of the following grounds a party to a contract cannot be discharged from performing it?
(a) Destruction of the subject matter
(b) Change of circumstances
(c) Commercial hardship
(d) Non-occurrence of a contemplated event

130. Plaintiff telegraphed defendant "Will you sell your house, telegraph the lowest cash price.” The defendant also replied
by telegram "Lowest price for the house is Rs. 50,000/-". This is a:
(a) Complete agreement
(b) Complete contract
(c) No contract
(d) Voidable contract

Specific Relief Act


131. Which section of the specific relief act, 1963, provides that the ‘specific relief to be granted only for enforcing civil
rights and not for enforcing penal laws:
(a) Section 2
(b) Section 3
(c) Section 4
(d) Section 5

132. Mere possession of title is


(a) Enough to maintain an action under section 5 of the specific relief act, 1963
(b) Not enough to maintain an action under section 5 of the specific relief act, 1963
(c) Only (b) is correct
(d) None of the above

133. An order or decree passed in a suit presented under section 6 of the specific relief act is
(a) Appealable
(b) Reviewable
(c) Neither appealable nor re-viewable
(d) Appealable & reviewable both

134. Limitation to file suit for recovery of specific immovable property under section 6 of specific relief act is
(a) Three years
(b) Six months
(c) Twelve years
(d) One year

135. Saroja was granted government land. She was dispossessed without her consent. She instituted suit against the
government under section 6 of specific relief act, 1963, for recovering possession of the property. The court rejected
the plaint under order vii rule 11(d) of CPC. Whether rejection is proper?
(a) Yes, because suit under section 6 against the government would not lie
(b) Rejection of plaint is improper
(c) Plaintiff must be given opportunity to rectify the mistakes
(d) None of the above

136. Suit under section 8 of the specific relief act, 1963, is not competent:
(a) Against a person who is the owner of the article claimed
(b) Against a person who has the possession or control over the article
(c) In respect of an article for which compensation in money is not an adequate relief
(d) In case where ascertainment of damages in extremely difficult

137. Suit under section 8 of the specific relief act, 1963, is not competent:
(a) Against a person who is the owner of the article claimed
(b) Against a person who has the possession or control over the article
(c) In respect of an article for which compensation in money is not an adequate relief
(d) In case where ascertainment of damages in extremely difficult

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138. Specific performance of a part of the contract, has been dealt with under:
(a) Section 9 of the specific relief act, 1963
(b) Section 10 of the specific relief act, 1963
(c) Section 11 of the specific relief act, 1963
(d) Section 12 of the specific relief act, 1963

139. Which section of the specific relief act, 1963 provides about specific performance of a contract which cannot be
specifically enforced?
(a) Under section 14
(b) Under section 15
(c) Under section 16
(d) Under section 41

140. Within the meaning of section 15 of the specific relief act, the assignee falls
(a) Within the meaning of representative in interest or principal
(b) Representative of interest only
(c) Representative of principal only
(d) None of the above

141. Which section of the specific relief act, 1963 deals with the bar of the suit for compensation for breach after dismissal
of suit for specific performance?
(a) Section 12
(b) Section 24
(c) Section 15
(d) Section 30

142. A court may deny specific performance of an agreement to sell an immovable property if
(a) It is of the option that the consideration is inadequate.
(b) The court feels that the contract is onerous to the defendant.
(c) The performance of the contract would involve hardship on the defendant which he did not foresee and non-
performance would involve no such hardship on the plaintiff.
(d) All of these

143. Under section 26 of the specific relief act, 1963 for rectification of instruments on the ground of fraud or mutual
mistake, the time limit for discovery of fraud or mutual mistake is:
(a) Three months
(b) Six months
(c) One year
(d) No time limit is fixed

144. A declaration made under the specific relief act is binding on


(a) The parties to the suit
(b) Persons claiming through (a)
(c) Both (a) and (b)
(d) None of these

145. Section 31 of specific relief act in its application is:


(a) Based on protective or preventive justice
(b) Restricted to contracts only
(c) Restricted to the parties to the contract
(d) Mandatory in nature

146. As per section 34 of the specific relief act, 1963 no court shall make any such declaration in a case where
(a) Plaintiff is entitled to any legal character
(b) Plaintiff is entitled to any right as to any property
(c) Plaintiff being able to seek further relief than a mere declaration of title, omits to do so
(d) None above

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147. A declaratory decree under the specific relief act can:
(a) Be commuted
(b) Be withheld
(c) Be declined
(d) Cannot be declined

148. Under section 36 of the specific relief act, 1963, the preventive relief is granted by
(a) Declaration
(b) Specific performance
(c) Injunction
(d) None of the above

149. A perpetual injunction means:


(a) A judicial process
(b) Thing prevented is a wrongful act
(c) Preventive in nature
(d) All of the above

150. Specific performance of contract to build or repair can be ordered


(a) Where the plaintiff has a substantial interest in the performance of the contract and he cannot be compensated
adequately in damages
(b) Where the plaintiff has a substantial interest in the performance of a contract but he can be compensated in
damages
(c) Where the plaintiff has no substantial interest in the performance of the contract and can be compensated in
damages
(d) All the above.

Answer Key COI

1. b 2. c 3. d 4. a 5. c 6. b 7. c 8. a 9. c 10. a
11. b 12. d 13. a 14. b 15. b 16. b 17. a 18. a 19. c 20. b
21. a 22. c 23. a 24. d 25. a 26. a 27. a 28. c 29. c 30. a
31. c 32. c 33. a 34. b 35. c 36. c 37. b 38. c 39. a 40. c
41. a 42. b 43. c 44. b 45. c 46. c 47. a 48. a 49. d 50. d

Answer Key CPC

51. a 52. b 53. c 54. c 55. c 56. a 57. a 58. c 59. c 60. c
61. a 62. d 63. b 64. b 65. d 66. a 67. c 68. c 69. c 70. c
71. c 72. a 73. c 74. c 75. b 76. b 77. a 78. d 79. c 80. a
81. d 82. c 83. c 84. a 85. d 86. a 87. b 88. a 89. b 90. b
91. c 92. b 93. d 94. d 95. c 96. b 97. c 98. a 99. d 100. c

Answer Key ACT

101. c 102. c 103. c 104. b 105. c 106. c 107. b 108. c 109. b 110. a
111. c 112. c 113. d 114. b 115. a 116. c 117. c 118. b 119. a 120. c
121. c 122. b 123. d 124. c 125. a 126. a 127. d 128. b 129. c 130. c

Answer Key COI

131. c 132. a 133. c 134. b 135. a 136. a 137. a 138. d 139. a 140. a
141. b 142. c 143. d 144. c 145. a 146. c 147. c 148. c 149. d 150. a

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