ANIL KHANNA'S ACADEMY OF LAW

TEST 26

DATE: 18-06-2021 TIME: 90mins

Marking scheme

Multi correct: +4, -1

1 Which section provides for compensation for accusation without reasonable cause :-

Correct Options:

(B) Sec. 250.

Solution:

Sec. 250.

2 Which one of the following is the first step in trial of summons case by Magistrate :-

Correct Options:

(D) Substance of accusation to be stated.

Solution:

Substance of accusation to be stated.

3 Point out the incorrect response under the Cr.P.C. :-

Correct Options:

(B) Inquiry is conducted after framing of the charge.

Solution:

Inquiry is conducted after framing of the charge.

4 Which one of the following orders can be passed after the trial of a case is over? :-

Correct Options:

(D) Either an order of acquittal or conviction.

Solution:

Either an order of acquittal or conviction.

5 Under Sec. 256, in case of non-appearance or death of the complainant :-

Correct Options:

(C) Both (a) and (b).

Solution:

Both (a) and (b).

6 A complaint could be withdrawn under Sec. 257 :-

Correct Options:

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
Chandigarh Phone - 8556062195
(A) At any time before a final order is passed.

Solution:

At any time before a final order is passed.

7 Mark the incorrect statement :-

Correct Options:

(C)
Withdrawal of complaint results in acquittal of the accused, and a
fresh prosecution would be barred.

Solution:

Withdrawal of complaint results in acquittal of the accused, and a fresh prosecution would be barred.

8 In any summons case instituted otherwise than upon complaint, a first class Magistrate or any other Judicial Magistrate
may stop the proceedings at any stage without pronouncing the judgment with the previous sanction of the :-

Correct Options:

(A) Chief Judicial Magistrate.

Solution:

Chief Judicial Magistrate.

9 Power of court to convert Summons-cases into Warrant-cases is provided for by :-

Correct Options:

(B) Sec. 259.

Solution:

Sec. 259.

10 Procedure for summary trial is provided in which sections of the Cr.P.C.? :-

Correct Options:

(C) Section 260 to Section 265.

Solution:

Section 260 to Section 265.

11 The maximum term of imprisonment awardable in a summary trial is :-

Correct Options:

(A) Three months.

Solution:

Three months.

12 Mark the incorrect statement :-

Correct Options:

(B)
Where an accused is charged with two offences, one of which is
triable summarily and the other is not, the Magistrate can discard the
latter charge and try the accused summarily.

Solution:

Where an accused is charged with two offences, one of which is triable summarily and the other is not, the Magistrate can discard the latter
charge and try the accused summarily.

13 In summary trial :-

Correct Options:

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
Chandigarh Phone - 8556062195
(D) All of the above.

Solution:

All of the above.

14 In every criminal trial when the Magistrate finds the accused guilty, he shall pass the sentence after hearing the
accused :-

Correct Options:

(A) Wrong, it is not required in summons cases.

Solution:

Wrong, it is not required in summons cases.

15 Which Chapter of the Code deals with the securing of the attendance of persons confined/detained in prisons before the
criminal courts :-

Correct Options:

(C) Chapter XXII.

Solution:

Chapter XXII.

16 Which section makes it obligatory that evidence for the prosecution and defence should be taken in the accused's
presence :-

Correct Options:

(B) Sec. 273.

Solution:

Sec. 273.

17 The object of which section is to ensure that the evidence of the witnesses as recorded is accurate and to give the
witness concerned an opportunity to point out mistakes, if any :-

Correct Options:

(D) Sec. 278.

Solution:

Sec. 278.

18 The court can record demeanour of a witness under which section of Cr.P.C.? :-

Correct Options:

(A) Sec. 280.

Solution:

Sec. 280.

19 Mark the incorrect statement :-

Correct Options:

(D) None of the above.

Solution:

None of the above.

20 While issuing a commission, the court has to consider :-

Correct Options:

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
Chandigarh Phone - 8556062195
(C) Both (a) and (b).

Solution:

Both (a) and (b).

21 Under which section, reports made by certain Government scientific experts may be used as evidence in any inquiry or
trial :-

Correct Options:

(A) Sec. 293.

Solution:

Sec. 293.

22 Where any document is filed before any court by any party, the particulars of every such document shall be included in
a list in the prescribed form, and the other party shall be called upon to admit or deny the genuineness of such
document. It is laid down in :-

Correct Options:

(A) Sec. 294.

Solution:

Sec. 294.

23 In a criminal trial, evidence on affidavit can be given for allegation made in respect of a public servant or for any person
whose evidence is of formal character. Affidavits to be used before any court under the Code may be sworn or affirmed
before :-

Correct Options:

(D) All of the above.

Solution:

All of the above.

24 Where the accused has absconded and there is no immediate prospect of his arrest, the court may, in his absence,
record depositions of prosecution witnesses under :-

Correct Options:

(B) Sec. 299.

Solution:

Sec. 299.

25 Which section is based on the maxim nemo debet bis vexari pro eadem causa i.e. a man shall not be twice vexed for one
and the same cause :-

Correct Options:

(A) Sec. 300.

Solution:

Sec. 300.

26 Mark the incorrect statement :-

Correct Options:

(D) None of the above.

Solution:

None of the above.

27 Once an accused is discharged under Sec. 227 or 239 Cr.P.C. :-

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
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Correct Options:

(D)
He can be tried again for the same offence if sufficient evidence is
brought forward later.

Solution:

He can be tried again for the same offence if sufficient evidence is brought forward later.

28 A is tried for causing grievous hurt to B and convicted. B afterwards dies :-

Correct Options:

(A) A may be charged again for culpable homicide.

Solution:

A may be charged again for culpable homicide.

29 'A', 'B' and 'C' are charged for robbery and after trial convicted by 1st class Magistrate, thereafter whether for the same
fact they can be charged and tried for dacoity :-

Correct Options:

(A) Yes.

Solution:

Yes.

30 Mark the incorrect statement :-

Correct Options:

(D) None of the above.

Solution:

None of the above.

31 A pardon could not be given to :-

Correct Options:

(D) All of the above.

Solution:

All of the above.

32 Any person, who has accepted a tender of pardon made under Sec. 306 or Sec. 307, has, either by willfully concealing
anything essential or by giving false evidence, not complied with the condition on which the tender was made. Who will
certify this fact? :-

Correct Options:

(C) Public Prosecutor.

Solution:

Public Prosecutor.

33 Sec. 309 provides for :-

Correct Options:

(D) All of the above.

Solution:

All of the above.

34 Under Sec. 309(2), the Magistrate may remand the accused to custody for :-

Correct Options:

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
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(C) A period not exceeding 15 days at a time.

Solution:

A period not exceeding 15 days at a time.

35 In which of the following cases, the right to speedy trial has been recognized :-

Correct Options:

(A) Hussainara Khatoon v State of Bihar.

Solution:

Hussainara Khatoon v State of Bihar.

36 Mark the incorrect statement :-

Correct Options:

(D)
The power under Sec. 309 does not include a power to direct the
payment of costs by a party whose conduct has necessitated the
adjournment.

Solution:

The power under Sec. 309 does not include a power to direct the payment of costs by a party whose conduct has necessitated the
adjournment.

37 The court's power to have local inspection is permitted under :-

Correct Options:

(A) Sec. 310.

Solution:

Sec. 310.

38 Under Sec. 311, the court's power to summon any person, at any stage, as a witness or recall and re-examine any
person already examined is :-

Correct Options:

(C) Both (a) and (b).

Solution:

Both (a) and (b).

39 Mark the incorrect statement :-

Correct Options:

(A) Sec. 311 is limited only for the benefit of the accused.

Solution:

Sec. 311 is limited only for the benefit of the accused.

40 Which section empowers the court to examine the accused :-

Correct Options:

(B) Sec. 313.

Solution:

Sec. 313.

41 A compulsory sale (i.e. a court sale) does not become absolute until some time after the sale. A period of how many
days must elapse :-

Correct Options:

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
Chandigarh Phone - 8556062195
(C) 60 days.

Solution:

60 days.

42 Where a decree-holder/auction-purchaser of immovable property is resisted or obstructed by any person in obtaining

possession of such property, he may make an application to the court under :-

Correct Options:

(A) O. 21, R.97.

Solution:

0. 21, R.97.

43 Which section provides a speedy mode of execution of several money-decrees obtained against the same judgment-
debtor by rateably distributing the assets held by a court against the rival decree-holders without the necessity for
separate proceedings :-

Correct Options:

(C) Sec. 73.

Solution:

Sec. 73.

44 In Union of India v Somasundaram Mills (P) Ltd., it was held that under Sec. 73, the debts due to the State :-

Correct Options:

(A) Are entitled to priority over all other debts.

Solution:

Are entitled to priority over all other debts.

45 A obtains a decree against M for Rs. 10,000 and applies to the court for execution of his decree by attachment and sale
of M's property. M's property is attached. Later, B also obtains a decree against M in the same court for Rs. 5,000 and
applies for execution of decree by attachment of M's property. The property is thereafter sold by the court in execution
of A's decree for Rs. 7,500. :-

Correct Options:

(A) A will be paid Rs. 5,000 and B will be paid Rs. 2,500,

Solution:

A will be paid Rs. 5,000 and B will be paid Rs. 2,500,

46 Abatement of proceedings is provided for under :-

Correct Options:

(A) Order 22.

Solution:

Order 22.

47 O. 22 is not applicable to:I. Suits.II. Appeals.III. Execution proceedings.IV. Writs.Codes:

Correct Options:

(B) III and IV.

Solution:

III and IV.

48 Mark the incorrect statement in relation to abatement :-

Correct Options:

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
Chandigarh Phone - 8556062195
(A)
Abatement implies a suspension or termination of proceedings in an
action for want of proper parties or owing to a defect in writ of service.

Solution:

Abatement implies a suspension or termination of proceedings in an action for want of proper parties or owing to a defect in writ of service.

49 Mark the incorrect statement :-

Correct Options:

(A)
Substitution of the legal representatives of a defendant, in case death,
is not permissible.

Solution:

Substitution of the legal representatives of a defendant, in case death, is not permissible.

50 Under which rule of Order 22, an assignee of an interest during the pendency of a suit can be brought on record :-

Correct Options:

(A) R.10.

Solution:

R.10.

51 Arrest and attachment before judgment could be made under which Order of the Code :-

Correct Options:

(D) Order 38.

Solution:

Order 38.

52 Who said that: Injunction is such a judicial proceeding by which a party to an action is required to do, or refrain from
doing, a particular thing? :-

Correct Options:

(A) Halsbury.

Solution:

Halsbury.

53 Injunction to restrain the defendant from committing a breach of contract or other injury of any kind is provided for
under :-

Correct Options:

(B) O. 39, R.2.

Solution:

O. 39, R.2.

54 Mark the incorrect statement :-

Correct Options:

(B) The power to grant temporary injunction is mandatory.

Solution:

The power to grant temporary injunction is mandatory.

55 In which of the following cases a temporary injunction cannot be granted? :-

Correct Options:

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
Chandigarh Phone - 8556062195
(A) Recovery of tax.

Solution:

Recovery of tax.

56 A relief of injunction may be refused on the ground of :-

Correct Options:

(D) All of the above.

Solution:

All of the above.

57 According to O. 39, R.2-A, which of the following is a consequence of the breach of injunction :-

Correct Options:

(D) All of the above.

Solution:

All of the above.

58 Interlocutory orders are passed under O. 39 :-

Correct Options:

(D) All of the above.

Solution:

All of the above.

59 Interlocutory orders :-

Correct Options:

(A) Relate to matters of procedure.

Solution:

Relate to matters of procedure.

60 Under which rule of Order 39, the court has the power to order interim sale of movable property :-

Correct Options:

(A) Rule 6.

Solution:

Rule 6.

61 The term landlord is defined under ______ of The Delhi Rent Control Act, 1958 :-

Correct Options:

(C) Section 2 (e)

Solution:

Section 2 (e)

62 The term ‘landlord’ includes :-

Correct Options:

(C) Both (a) and (b)

Solution:

Both (a) and (b)

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
Chandigarh Phone - 8556062195
63 The Delhi Rent Control Act, 1958 does not apply to :-

Correct Options:

(A) Any premises belonging to the government

Solution:

Any premises belonging to the government

64 Which section deals with revision of ‘standard rent’? :-

Correct Options:

(B) Section 6A

Solution:

Section 6A

65 Chapter III of the Delhi Rent Control Act, 1958 deals with :-

Correct Options:

(A) Control of eviction of tenants

Solution:

Control of eviction of tenants

66 The ground of non-occupation of tenanted premises is available in case premises is not occupied for a period of :-

Correct Options:

(A) Six months

Solution:

Six months

67 Which section provides for right to recover immediate possession of premises to member of armed forces :-

Correct Options:

(A) Section 14B

Solution:

Section 14B

68 Which chapter deals with provisions relating to Hotels and Lodging houses :-

Correct Options:

(D) Chapter V

Solution:

Chapter V

69 Which section provides for appointment of additional controllers :-

Correct Options:

(A) Section 35

Solution:

Section 35

70 An appeal lies against the order of eviction passed by the controller in case of tenancy created for fixed duration :-

Correct Options:

(B) The statement is false

Solution:

The statement is false

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
Chandigarh Phone - 8556062195
71 The provision for second appeal has been repealed with effect from :-

Correct Options:

(A) 1st December, 1988

Solution:

1st December, 1988

72 Which section provides protection from prosecution to controllers for acts done in good faith :-

Correct Options:

(D) Section 52

Solution:

Section 52

73 Which of the following statements is correct? :-

Correct Options:

(B)
An interim order may be passed by controller for restoration of
essential service without giving notice to the landlord

Solution:

An interim order may be passed by controller for restoration of essential service without giving notice to the landlord

74 Any agreement for the payment of charges in excess of fair rate fixed by controller in case of hotels or lodging house is
:-

Correct Options:

(C) Shall be void in respect of such excess only

Solution:

Shall be void in respect of such excess only

75 Chapter IIIA dealing with summary trial of certain applications has been inserted by :-

Correct Options:

(A) Amending Act of 1976

Solution:

Amending Act of 1976

76 The term ‘tenant’ includes :-

Correct Options:

(D) All of the above

Solution:

All of the above

77 The word ‘premises’ include :-

Correct Options:

(D) All of the above

Solution:

All of the above

78 If a person, who acquires, by succession the right to continue in possession after the termination of the tenancy, was
not financially dependent on the deceased person on the date of his death :-

Correct Options:

(A) Right terminates after one year or his death, whichever is earlier

Solution:

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
Chandigarh Phone - 8556062195
Right terminates after one year or his death, whichever is earlier

79 Which section deals with limitation of liability of middlemen :-

Correct Options:

(C) Section 11

Solution:

Section 11

80 A tenancy for limited time period may be created for a duration of :-

Correct Options:

(D) as may be agreed between the parties

Solution:

as may be agreed between the parties

81 Divorce by mutual consent in Muslim law is called: law is called :-

Correct Options:

(C) Khula or Mubarat

Solution:

Khula or Mubarat

82 Under Muslim Law, a married woman shall be entitled to obtain a decree for the dissolution of marriage on the ground
that 'where about of husband have not be known for a period of four years', as provided under the Dissolution of
Muslim Marriage Act, 1939 in :-

Correct Options:

(A) Section 2(i)

Solution:

Section 2(i)

83 The Muslim Women (Protection of Rights on Divorce) Act, 1986 deals with :-

Correct Options:

(A) Maintenance rights of divorced Muslim women

Solution:

Maintenance rights of divorced Muslim women

84 Children of a sister and a brother can validly marry under which of the following laws :-

Correct Options:

(C) Muslim Law

Solution:

Muslim Law

85 Muta marriage comes to an end by :-

Correct Options:

(B) Hiba-i-Muddat

Solution:

Hiba-i-Muddat

86 Impotency of a spouse is a ground for divorce under which of the following matrimonial legislations? :-

Correct Options:

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
Chandigarh Phone - 8556062195
(B) The Dissolution of Muslim Marriages Act, 1939

Solution:

The Dissolution of Muslim Marriages Act, 1939

87 'Tuhr' means :-

Correct Options:

(D) The period between two menstrual cycles

Solution:

The period between two menstrual cycles

88 A marriage with a woman before completion of her iddat is ______. :-

Correct Options:

(A) Irregular

Solution:

Irregular

89 Which one of the following grounds is not available to Hindu and Muslim wives (both) to claim divorce? :-

Correct Options:

(A) Husband renounced the world by entering any religious order

Solution:

Husband renounced the world by entering any religious order

90 When a Muslim wife can relinquish her 'Mehr'? :-

Correct Options:

(C) When she has attained the age of puberty.

Solution:

When she has attained the age of puberty.

91 Islamic law is called :-

Correct Options:

(B) Sharia

Solution:

Sharia

92 Who is a primary heir under Sunni Law? :-

Correct Options:

(D) None of them

Solution:

None of them

93 In whose custody, 'the Muslim illegitimate children will be kept?' :-

Correct Options:

(B) Mother

Solution:

Mother

94 Children of two sisters can validly marry under which of the following? :-

Correct Options:

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
Chandigarh Phone - 8556062195
(A) Muslim Law

Solution:

Muslim Law

95 A divorced Muslim woman in order to remarry her former husband has to observe the procedure of :-

Correct Options:

(B) Halala

Solution:

Halala

96 Deferred mahr is payable at the time of divorce or at the time of death of spouse. :-

Correct Options:

(A) This statement is true under Sunni law.

Solution:

This statement is true under Sunni law.

97 In Muslim Law gift in favour of an unborn person except under certain cases or conditions is :-

Correct Options:

(A) Void

Solution:

Void

98 A Muslim illegitimate child is kept in the custody of :-

Correct Options:

(A) Mother

Solution:

Mother

99 Which of the following is not a legal guardian of the property of Muslim minor :-

Correct Options:

(B) Brother

Solution:

Brother

100 The practice of instant Triple Talaq has been held to be unconstitutional, by :-

Correct Options:

(B) The majority of Three justices of Five

Solution:

The majority of Three justices of Five

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
Chandigarh Phone - 8556062195