DJS DT 01-03-2022

(c) When the chain is not complete, the falsity of the defence is no ground to
convict the accused

(d) Both a and c
3. In which recent judgment the Hon’ble Supreme Court delineated the tests to
applied in the case of recovery of an article from an accused person when he
stands accused of committing offences other than theft also:-
(a) Sonu @sunil vs State of Madhya Pradesh
(b) Abdul@ abu vs State of Bihar
(c) Manoj vs State of Madhya Pradesh
(d) Sukhdeep Singh vs State of Punjab
4. In order to invoke the provision of section 65 of the Indian Evidence Act,1872
(a) An application is required to be filed in terms of Section 65 of the Evidence
Act before the secondary evidence is led
(b) Permission of the Court has to be sought before the secondary evidence is
led
(c) There is no requirement that an application is required to be filed in terms
of Section 65 of the Evidence Act before the secondary evidence is led.
(d) Both a and b
5. Signed carbon copy prepared in the same process as the original document is:
(a) Primary Evidence
(b) Secondary Evidence
(c) Not an Evidence
(d) Primary evidence and admissible under section 62 of the Act.
6. When the execution of the gift deed was not specifically denied in the suit
filed:-
(a) It is necessary for the Donee to examine one of the attesting witnesses in
terms of Section 68 of the Indian Evidence Act, 1872
(b) It is not necessary for the Donee to examine one of the attesting witnesses
in terms of Section 68 of the Indian Evidence Act, 1872
(c) It is necessary for the Donee to prduce registered deed and to examine
one of the attesting witnesses in terms of Section 68 of the Indian
Evidence Act,
(d) It is necessary for the Donor to examine one of the attesting witnesses in
terms of Section 68 of the Indian Evidence Act, 1872
7. If A is accused of the murder of B by shooting. The liability of A to be punished
under Section 302 of the Indian Penal Code depends upon the proving of the
fact that:
(a) A caused the death of B by shooting at him with the intention of causing
death
(b) A shot at B with the knowledge that his act is so imminently dangerous that
it is in all probability likely to cause death
(c) A did not have any excuse to incur that risk
(d) All of the above.
8. Mark the incorrect statement with respect to the Indian Evidence Act,1872.
(a) In order to establish the fact in issue, the court has to gather information
regarding the other facts. The net effect of all the other facts is to prove or
disprove the facts in issue.
(b) There might be a multitude of facts which surround a given fact in issue
and every such fact shall be relevant.
(c) The proof as to the veracity of the relevant facts can be given either by
some oral evidence or some documentary evidence
(d) None of the above.
9. The statement, ‘What is relevant may be proved; but everything that is relevant
may not be admissible as evidence’ is:
(a) True
(b) False
(c) Partly true
(d) Partly true and partly false.
10. Mark the statement which in not correct as per the parameter of relevancy and
admissibility:
(a) Hearsay evidence, that is, the assertion regarding the existence of any fact
by any person who is not called as a witness, is generally excluded.
(b) Evidence regarding the opinion of others regarding the existence or non-
existence of a fact is generally excluded, though in some exceptional
cases, it may be admitted.
(c) The fact that any person’s character is such as to render certain conduct
imputed to him probable or improbable is relevant and admissible.
11. Provisions of the Evidence Act state that facts which are connected with the
facts in issue, and which make the existence or the non-existence of the facts
in issue probable or improbable, can be proved. Therefore, in a trial for
murder, which of the following fact is not relevant?
(a) the fact that the accused purchases some poison just before the murder,
when the death is suspected to have been caused by such poison.
(b) the fact that after the victim drank the contents of the glass, the accused
cleaned the glass with his handkerchief.
(c) the fact that the accused had opportunities to offer a drink to the victim just
before the victim died
(d) the fact that the accused said something indicating a general disposition to
commit crimes of that classes.
12. It is the general principle of Law of Evidence that ‘he who wants the court to
believe certain things must prove them’
(a) This principle is absolute and cannot be modified.
(b) This general principle is modified by law of Presumptions.
(c) This principle can be modified as per the discretion of the Courts only
(d) Both a and c
13. Who has given the definition that the word “evidence” to mean “all the legal
means exclusive of mere argument which tend to prove or disprove any fact
the truth of which is submitted to judicial investigation:-
(a) Stephen
(b) Bentham
(c) Taylor
(d) Macaulay
14. Which of the following is known as ‘documentary evidence’
(a) All statements which the Court permits or requires to be made before it by
witnesses, in relation to matters of fact under inquiry
(b) All documents excluding electronic records produced for the inspection of
the Court
(c) All documents including electronic records produced for the inspection of
the Court
(d) Both a and c
15. The statement that, “When a witness whom it is intended to corroborate gives
evidence of any relevant, he may be questioned as to any other circumstances
which he observed at or near to the time or place at which such relevant fact
occurred, if the Court is of opinion that such circumstances, if proved, would
corroborate testimony of the witness as to the relevant fact which he testifies”
is:-
(a) True
(b) False
(c) Partly true and partly false
(d) True with respect to English Law of Evidence But false with respect to
Indian Law of Evidence
16. Suppose A is charged with the murder of B by stabbing him. C, D, E, F, G & H
are witnesses called by the prosecution. C says he saw A stab B. D says he
heard B cry out that A was stabbing him. E says that he saw A running away
with a blood-stained knife & blood-stained clothes. F says that he saw A
washing his blood-stained clothes. G is a doctor who says that the knife found
in A’s possession might have caused the wounds found on B & H says that he
heard from C, that C saw A stabbing B. As per section 60 of the Evidence Act,
which of the following evidences/s is/are indirect:
(a) Evidence given by D ,E,F,G and H
(b) Evidence given by D and H
(c) Evidence given by D,H and G
(d) Evidence given by H
17. Which of the following statement is true with respect to the concept of res
gestae.
(a) The facts which, though not in issue, are so connected with a relevant fact
as to form part of the same transaction, are relevant, whether they
occurred at the same time and place or at different times and places
(b) The facts which, though not in issue, are so connected with any fact as to
form part of the same transaction, are relevant, whether they occurred at
the same time and place or at different times and places
(c) The facts which, though not in issue, are so connected with a fact in issue
as to form part of the same transaction, are relevant, whether they
occurred at the same time and place or at different times and places
(d) The facts which, though not in issue, are so connected with a fact in issue
as to form part of the same transaction, are relevant, when they occurred
at the same time and place only.
18. As per the provisions of Indian Evidence Act, 1872, The conduct of any party
of any agent to any party to any suit or proceeding, in reference to such suit or
proceeding or in reference to any fact in issue therein or relevant thereto, and
whether it was previous or subsequent thereto. Which of the following is true
with respect to the said provision:
(a) When the conduct of any person is relevant, any statement made to him
which affects his conduct is relevant
(b) When the conduct of any person is relevant, any statement made in his
presence and hearing which affects his conduct is relevant
(c) When the conduct of any person is relevant, any statement made to him or
in his presence and hearing which affects his conduct is irrelevant
(d) Both a and b
19. is that which moves a man to do particular act. In correct sense, it
is the emotion supposed to have led to the act. It is relevant but mere
existence of the same is by itself is not a incriminating circumstances.
(a) Intention
(b) Motive
(c) Knowledge
(d) Vengeance
20. Which of the following is not covered by Section 9 of the Act?
(a) Which establish the identity of anything or person where identity is relevant
(b) Which fix the time or place at which any fact in issue or relevant fact
happened
(c) Which shares the relations of parties by whom any such facts was
transacted
(d) all of the above.
21. One of the methods of establishing the identity of the accused is “test
identification parade”. The idea of the parade is to test the veracity of the
witness on the question of his capability to identify from among several
persons made to stand in a queue. The Test Identity Parade may be
conducted in order to identify:-
(a) an unknown person whom the witness had seen at the time of the
occurrence
(b) a known person whom the witness had also seen at the time of the
occurrence
(c) an unknown or known person whom the witness had seen at the time of
the occurrence
(d) an unknown person even if the witness had not seen the person at the
time of the occurrence
22. Which of the following statement is not true with respect to the relevancy of
fact under section 10 of the Indian Evidence Act, 1872:
(a) The operation of this section is strictly conditioned upon there being
reasonable ground to believe that two or more persons have conspired
together to commit an offence.
(b) The expression “in reference to their common intention” in this section is
very comprehensive with the result that anything said, done or written by a
conspirator, after the conspiracy was formed, will be evidence against the
other before he entered the field of conspiracy or after he left it.
(c) Anything said, done or written by a conspirator, after the conspiracy was
formed, can be used in favour of the other party or for the purpose of the
other party or for the purpose of showing that such a person was not a
party to the conspiracy
(d) it is not necessary that all should have joined in the scheme from the first;
those who came in at a later stage are equally guilty, provided the
agreement be proved.
23. Which of the following is false with respect to the admissibility of Plea of alibi:
(a) The Plea of Alibi postulates the physical impossibility of the presence of
the Accused of the Scene of the offence by reason of his presence at
another place.
(b) The plea of alibi can succeed only if it is shown that the Accused was so
far away at the relevant time that he could not be present at the place
where the crime was committed
(c) The failure of the accused to substantiate the plea of alibi is a
circumstance which should go against him. The Court may draw an
inference that he was present on the crime spot
(d) None of the above
24. Who has given the statement that, “A man can tell a lie but not circumstance.
Therefore, it is not a weak kind of evidence. It is more reliable than human
being since human being have mind to manipulate the truth but not
circumstance.”
(a) Pegdy
(b) Stephen
(c) Canny
(d) Bentham
25. Where the question is as to the existence of any right or custom, which of the
following fact is irrelevant.
(a) Any transaction by which the right or custom in question was created,
claimed, modified
(b) Any transaction which was inconsistent with its existence.
(c) Particular instance in which the right or custom was claimed, recognized or
exercised.
26. The question is, whether A owes B rupees 10,000. The facts that A asked C to
lend him money and that D said to C in A’s presence and hearing – “I advise
you not to trust A, for he owes B 10,000 rupees,” and that A went away without
making any answer, are:
(a) Relevant facts
(b) Not relevant
(c) Relevant but not admissible
(d) Irrelevant but admissible
27. In which of the following judgment the Hon’ble Supreme Court has held that,
‘We are conscious that an innocent child may not be bastardized as the
marriage between her mother and father was subsisting at the time of her
birth, but in view of the DNA test reports and what we have observed above,
we cannot forestall the consequence. It is denying the truth. "Truth must
triumph" is the hallmark of justice’
(a) Rohit shekhar vs. Narayan Dutt Tiwari
(b) Nandlal Wasudev Badwaik vs Lala Nandlal Badwaik
(c) Gautam Kundu vs State of West Bengal
(d) Dipanwita Roy vs Ronobroto roy
28. Which of the following provision is based upon the maxim Omnia
proesumuntur rite esse acta:-
(a) Section 11
(b) Section 16
(c) Section 17
(d) Section 25
29. Re-examination has been defined:
(a) Under Section 135
(b) Under Section 136
(c) Under Section 137
(d) Not defined under the 1872 Act and is evolved through the judgments of
the Apex Court
30. The presumption under Section 85C of the Act entails the provision of:
(a) May presume
(b) Shall presume
(c) Conclusive proof
31. A is employed to receive money from the debtors of B. It is A’s duty to make
entries in a book showing the amounts received by him. He makes an entry
showing that on a particular occasion he received less than he really did
receive. The question before the Court is, whether this false entry was
accidental or intentional:-
(a) The facts that other entries made by A in the same book are false, and that
the false entry is in each case in favour of A, are relevant
(b) The facts that other entries made by A in the same book are false, and that
the false entry is in each case in favour of A, are irrelevant
(c) The facts that other entries made by A in the same book are false, and that
the false entry is in each case in favour of A, are relevant but inadmissible.
(d) Both a and c
32. Which of the following stamen is not true with respect to the relevancy of
admission:
(a) An admission in so far as facts are concerned would bind the maker of the
admission but not in so far as it relates to a question of law
(b) An admission is the best evidence against the party making it and, though
not conclusive, shifts the onus to the maker on the principle that what a
party himself admits to be true may be reasonably presumed to be true so
that until the presumption is rebutted the fact admitted must be taken to be
true.
(c) Admission act as a waiver of proof – if party has admitted a fact, it
dispenses with the necessity of proving that fact against him
(d) Statements made either by the parties interested or by persons whom the
parties to the suit have derived their interest are admissions even if they
are made after parting away with the interest of the persons making the
statement.
33. A is accused of a crime committed by him at Calcutta. He produces a letter
written by himself and dated at Lahore on that day, and bearing the Lahore
post-mark of that day. The statement in the date of the letter is
(a) irrelevant
(b) inadmissible
(c) admissible,
(d) both a and b
34. Mark the incorrect statement:-
(a) Generally oral admissions as to the contents of a document are relevant
(b) The contents of a document which is capable of being produced must be
proved by the instrument itself and not by oral evidence.
(c) Oral admissions as to the content of the document are relevant in some
exceptional circumstances only.
(d) Both a and b
35. Which of the following statement is true in regard to the definition of ‘Hostile
Witness’:-
(a) Hostile witness is a witness who is gained over by opposite party
(b) Hostile witness is a witness who is not produced out of the fear that he
might disfavour the party who has to produce him
(c) Hostile witness is a witness who from the manner in which he gives the
evidence shows that he is not desirous of telling the truth to the Court
(d) All of the above
36. As per the provisions related to relevancy of person’s character, Which of the
following statement is incorrect :
(a) Character includes both reputation and disposition
(b) Reputation includes character
(c) A man with good reputation may be of a bad character
(d) Reputation resides in the mind of other whereas disposition resides in the
man itself
37. Which of the following statement is not true with respect to the relevancy of
dying declaration?
(a) A dying declaration Can form the sole basis of conviction without any
corroboration by independent witness
(b) Where dying declaration is suspicious it should not be acted upon without
corroborative evidence
(c) Merely because a dying declaration does not contain details as to the
occurrence, it is not to be rejected.
(d) A dying declaration which suffers from infirmity can form a sole basis of
conviction.
38. Mark the correct stamen:-
(a) Usage means habitual and it necessarily be a immemorial practice.
(b) Usage include what people are now or recently in habit of doing in a
particular place
(c) A business usage needs to be long establish and strictly uniform.
39. Mark the correct statement with respect to the law laid down under Section 25
of the Indian Evidence Act, 1872:
(a) The FIR written at the instance of a person who is accused of an offence is
admissible
(b) The FIR written at the instance of a person who is accused of an offence is
inadmissible
(c) The FIR written at the instance of a person who is accused of an offence is
inadmissible under Section 25 unless some recovery in pursuance to the
statement is made and only that part is admissible
(d) The FIR written at the instance of a person who is accused of an offence is
relevant and admissible under Section 25
40. Entries in books of account, including those maintained in an electronic form
regularly kept in the course of business
(a) are relevant, whenever they refer to a matter into which the Court has to
enquire
(b) are irrelevant, even if they refer to a matter into which the Court has to
enquire
(c) are relevant, whenever they refer to a matter into which the Court has to
enquire but Such statements are not alone sufficient evidence to charge
any person with liability
(d) are relevant and such statements are alone sufficient evidence to charge
any person with liability
41. Public documents can be proved by:
(a) Oral evidence
(b) Certifies copies
(c) Evidence of person who has written the said certified copy
42. Section 88-A provides for:
(a) Presumption as to sender of the message
(b) Presumption as to the electronic message forwarded corresponds to the
message as fed in the computer
(c) Presumption as to telegraphic message
43. To establish the charge of conspiracy for the purpose of relevancy of fact
under section 10 of the Act:
(a) There must be an agreement between the parties.
(b) There must be a proof of direct meeting or active combination
(c) All parties must be brought into each other’s presence.
44. As per section 11 of the Indian Evidence Act, Facts not otherwise relevant are
relevant:-
(a) If they are consistent with any fact in issue or relevant fact
(b) If they are inconsistent with any fact in issue only
(c) If they are consistent or inconsistent with any fact in issue or relevant fact
(d) If they are inconsistent with any fact in issue or relevant fact
45. Dying declaration is admissible in:
(a) Civil suits only
(b) Criminal proceedings only
(c) Both (a) and (b)
46. The period of thirty years under Section 90 is to be reckoned from:
(a) The date on which document is relied upon
(b) The date on which document is tendered in evidence when it genuineness
is in issue
(c) The date on which the said document is filed in the Court
(d) Any one of the above depending upon the circumstances of the case
47. A is sued by B for fraudulently representing to B that C was solvent, whereby
B, being induced to trust C, who was insolvent, suffered loss. The fact that, at
the time when A represented C to be solvent, C was supposed to be solvent
by his neighbours and by persons dealing with him is:
(a) Relevant
(b) Irrelevant
(c) Relevant as showing that A made the representation in good faith.
(d) Irrelevant under section 14 of the act.
48. Secondary evidence means:
(a) Certified copies
(b) Copies made from or compared with the original
(c) Oral accounts of the contents of a document given by some person who
has himself seen it.
49. Mark the correct statement with respect to Section 126 of the Act:
(a) Communication made in furtherance of illegal purpose are not protected
from disclosure
(b) The privilege is waived if the disclosure is made with the express consent
of the client
(c) If the lawyer finds, in the course of his employment that any fraud has
been committed since the employment began, he can disclose such
information
(d) All are correct
50. Where a witness comes under the purview of Section 119 of the Evidence Act,
the Court shall take the assistance of an interpreter or a special educator in
recording his statement. Such statement.
(a) May be video-graphed
(b) Shall be video-graphed
(c) Shall be video-graphed on the written request of the witness
(d) Shall be either video-graphed or audio-recorded as per the discretion of
the Court
51. Mark the correct statement with respect to the applicability of provisions under
Section 91:
(a) It applies to the terms of contract, grants and other dispositions of property
reduced to form of document
(b) Where there are more originals than one, all the originals must be proved
independently
(c) When a public officer is required by law to be appointed in writing then the
writing by which he is appointed must be proved
(d) All of the above are correct
52. When a party refuses to produce a document which he had notice to produce–
(a) He can afterwards use the document as evidence without the consent of
opposite party or order of Court
(b) He cannot afterwards use the document as evidence without the consent
of opposite party
(c) He cannot afterwards use the document as evidence without order of the
Court
(d) either (b) or (c)
53. The examination which can be conducted of witness as to character is dealt
under:
(a) Section 140 of the Indian Evidence Act, 1872
(b) Section 141 of the Indian Evidence Act, 1872
(c) Section 142 of the Indian Evidence Act, 1872
(d) Section 146 of the Indian Evidence Act, 1872
54. Which of the following is correct definition of ‘leading question’ as given in the
Indian Evidence Act?
(a) Any question suggesting the answer which the person putting it wishes to
receive is called lading question.
(b) Any question suggesting the answer which the person putting it expects to
receive is called lading question.
(c) Any question suggesting the answer which the person putting it wishes or
expects to receive is called lading question.
(d) Any question suggesting the answer is called leading question.
55. Which of the following is not true with respect to law regarding leading
questions?
(a) Leading question may be asked in cross examination
(b) Leading question may be asked in examination in chief, if not objected by
adverse party.
(c) Leading question may be asked in re-examination with the permission of
the Court.
56. Which of the following provision provides the law that No one shall be
compelled to disclose to the court any confidential communication which has
taken place between him and his legal professional advisor, unless he offers
himself as a witness, in which case he may be compelled to disclose any such
communication as may appear to the court necessary to be known in order to
explain any evidence which he may give, but no others.
57. There cannot be any estoppel:
(a) Against a statute
(b) On a point of law
(c) Against a rule of law
(d) All of the above are correct
58. Among the under-mentioned, who can be a competent witness?
(a) A police officer
(b) A rape victim
(c) A child
59. Who has the burden to proof estoppel?
(a) the person making the representation
(b) the person to whom the representation was made
(c) person claiming estoppel
(d) both b and c
60. Which of the following statement is true with respect to the law of estoppels?
(a) The doctrine of estoppels is not a rule of equity but a rule of evidence
formulated and applied in courts of law
(b) The doctrine of estoppels does not preclude a person from denying the
truth of some statement previously made by himself.
(c) Estoppels may gives rise to a cause of action
61. The maxim allegans contraria non est audiendus means :-
(a) A person alleging contradictory facts should be heard
(b) A person alleging contradictory facts should not be heard
(c) A person alleging contradictory facts should be punished
(d) A person alleging contradictory facts should not be punished
62. If the attesting witness cannot be found, or if the document is executed in the
United Kingdom, which of the following is required to be proved
(a) that the attestation of a witness is in his handwriting
(b) that the signature of the person executing the document is in the
handwriting of that person
(c) both ‘a’ and ‘b’
(d) either ‘a’ or ‘b’
63. If the attesting witness denies or does not recollect the execution of the
document, its execution :-
(a) Deemed to be disproved
(b) May be proved by other evidences
(c) Shall not be allowed to be proved
(d) Shall be proved by executant
64. Provision of Section 109 of the Indian Evidence Act, 1872 is applicable upon:-
(a) Landlords- tenants and principal- agents.
(b) Partners, Landlords- tenants and principal- agents.
(c) Landlords- tenants and partners.
(d) Partners and principal- agents.
65. Which of the following provision contains “Convenience Rule”:
66. Which of the following provision contains law regarding Opinion of expert:
(a) Section 42
(b) Section 43
(c) Section 44
(d) Section 45
67. Facts includes:
(i) Anything, state of thing, or relation of thing capable of being perceived by
senses.
(ii) Any mental condition of which any person is conscious
(iii) Physical and psychological facts
(iv) Positive and negative facts
Codes:
(a) i and ii
(b) i,ii and iii
(c) ii and iii
(d) i,ii,iii and iv
68. According to STEPHEN, the word ‘Evidence’ is used in which of the following
senses:-
(a) words uttered & things exhibited in Court
(b) facts proved by those words or things, which are regarded as ground word
of inference as to other facts not so proved
(c) relevancy of a particular fact to matter under inquiry.
69. Which of the following presumptions cannot be raised under sectionn114 of
the Indian Evidence Act, 1872?
(a) That a thing or state of things which has been shown to be in existence
within a period shorter than that within which such things or state or things
usually cease to exist, is still in existence
(b) That evidence which could be and is not produced would, if produced, be
favourable to the person who withholds it;
(c) That if a man refuses to answer a question which he is not compelled to
answer by law, the answer, if given, would be unfavourable to him
70. In which of the following judgment it was held by the Hon’ble Apex court that ‘
In a fact-circumstance where the requisite certificate has been applied for from
the person or the authority concerned, and the person or authority either
refuses to give such certificate, or does not reply to such demand, the party
asking for such certificate can apply to the Court for its production under the
provisions aforementioned of the Evidence Act, CPC or CrPC. Once such
application is made to the Court, and the Court then orders or directs that the
requisite certificate be produced by a person to whom it sends a summons to
produce such certificate, the party asking for the certificate has done all that he
can possibly do to obtain the requisite certificate.
(a) Arjun Panditrao vs. Kailash Kushanrao
(b) Anwar vs P.K Basheer
(c) Shafhi Mohammad vs Himachal Pradesh
71. Mark the correct statement:-
(a) Readiness and willingness of the plaintiff cannot be construed by the
actions of the defendant
(b) Readiness and willingness of the plaintiff can be construed by the actions
of the defendant
(c) It is necessary that plaintiff must show availability of exact liquid funds to
complete the sale transactions.
(d) Both a and c
72. Section 22 of the Specific Relief Act, 1963 provides power to grant relief for:-
(a) Possession and refund of earnest money
(b) Partition, possession and refund of earnest money
(c) Partition and possession
(d) Partition, possession, refund of earnest money and any other relief plaintiff
may be entitled for.
73. Which of the following provision provides the law that The dismissal of a suit
for specific performance of a contract or part thereof shall bar the plaintiff’s
right to sue for compensation for the breach of such contract or part, as the
case may be, but shall not bar his right to sue for any other relief to which he
may be entitled, by reasons of such breach:-
(a) Section 21 of the Specific relief Act
(b) Section 22 of the Specific relief Act
(c) Section 23 of the Specific relief Act
(d) Section 24 of the Specific relief Act
74. Which of the following statement is incorrect, in order to prove the readiness
and willingness to perform the essential terms of the contract?
(a) Self-serving averments in the affidavit of the plaintiff cannot be taken as
discharge of onus of proof of having financial capacity.
(b) Oral statement on important aspects of financial capacity cannot be
accepted by the Court as a proof of financial Capacity
(c) Self-serving averments in the affidavit of the plaintiff can be taken as
discharge of onus of proof of having financial capacity. However, Oral
statement on important aspects of financial capacity cannot be accepted
by the Court as a proof of financial Capacity.
75. A person entitled to the possession of specific immovable property may
recover it in any manner provided by the:
(a) Civil Procedure Code, 1908
(b) Indian Contract Act, 1872
(c) Specific Relief Act, 1963
(d) Both a and c
76. Against any order or decree passed in any suit instituted under Section 6 of
the Act, 1963 —
(a) Appeal may lie under order XLI if the Civil Procedure Code, 1908
(b) Review may be filed under Section 114 of Civil Procedure Code, 1908
(c) Revision may be filed under Section 114 of Civil Procedure Code, 1908
(d) Revision may be filed under Section 115 Civil Procedure Code, 1908
77. In a suit for Permanent Injunction to restrained other from disturbing
possession of property, it is required that
(a) Plaintiff must be in actual possession of property
(b) Plaintiff must be in physical possession of the property
(c) Plaintiff must be in possession of property either actual or constructive
(d) Both (a) & (b)
78. Mark the incorrect statement with respect to section 6 of the Specific Relief
Act, 1963:-
(a) A mere trespasser cannot claim protection under section 6 but a
trespasser in settled possession can claim the same
(b) A tenant at holding over entitled to the relief under section 6 of the Act
(c) A tenant either at sufferance who continues in possession after the expiry
of the tenancy entitled to the relief under section 6 of the Act
79. Which of the following is necessary for the plaintiff to prove in a suit for specific
performance of contract,?
(i) Whether there exists a valid and concluded contract
(ii) Whether he has been ready & willing to perform his part of the contract
(iii) Whether he is still ready & willing to perform his part of the contract
Choose the correct option
(a) (i) & (iii)
(b) (i) & (ii)
(c) (ii) & (iii)
(d) (i), (ii) & (iii)
80. A suit under section 7 of the Specific Relief Act, 1963 can be filed by a
person:-
(a) A special right to the present possession of movable property
(b) A temporary right to the present possession of movable property
(c) A special right or temporary to the present possession of movable property
(d) A special right or temporary to the present possession of immovable
property
81. In which of the following provisions/s the party to the Contract can accept the
performance of the contract from third party?
(a) Section 20 Specific Relief Act, 1963
(b) Section 20A Specific Relief Act, 1963 and section 43 of SRA
(c) Section 41 Contract Act, 1872 and section 20 of the SRA
(d) Section 43 Contract Act, 1872 and section 20 of SRA
82. In a suit for Specific Performance of Contract there are circumstances that the
contract has become incapable of specific performance, then :
(a) It preclude the Court from granting compensation under Section 21 of SRA
(b) It does not preclude the Court from granting compensation under Section
21 of SRA provided the plaintiff has claimed such compensation in his
plaint
(c) It preclude the Court from granting compensation under Section 20 of SRA
(d) Does not preclude the Court from granting compensation under Section 21
of SRA and the plaintiff need not to claim such compensation in his plaint
83. Mark the correct statement with respect to the suit for suit for specific
performance of contract
(a) The plaintiff can make an alternative prayer for rescission of contract
(b) The plaintiff can make an alternative prayer for cancellation of Contract
(c) Both (a) & (b)
(d) Plaintiff cannot make any alternative prayer in a suit for Specific
Performance of Contract
84. Under Section20 B of SRA the Special Courts may be designated by :
(a) State Government in consultation with the Chief Justice of the High Court
(b) State Government in consultation with the Senior Judge of the High Court
(c) Central Government in consultation with the Chief Justice of the High
Court
(d) Both (a) & (c)
85. Mark the incorrect statement:
(a) Specific performance can be enforced against any other person claiming
under the plaintiff by a title arising subsequently to the contract
(b) Specific performance cannot be enforced against a transferee for value
who has paid his money in good faith with notice of the original contract
(c) Specific performance can be enforced against any person claiming under
a title which, though, prior to the contract & known to the plaintiff might
have been displaced by the defendant.
(d) Specific performance can be enforced when a company has entered into a
contract & subsequently became amalgamated with another company
against the new company arises out of the amalgamation.
86. Where a contract is rescinded:-
i. The court shall direct the purchaser or lessee, if he has obtained the
possession of the property, to restore such possession to the vendor or
lessor.
i. The Court may direct payment to the vendor or lessor of all the rents and
profits which have accrued in respect of the property during the period of
possession and the refund of earnest money or deposit paid by the vendee
or lessee in connection with the contract.
Choose the correct from the following:
(a) i and ii both are true.
(b) i is true but ii is false.
(c) i is false but ii is true.
(d) i and ii both are false
87. In determining the amount of any compensation awarded under section 21, the
court shall be guided by the principles specified in:-
(a) Section 73 of the Indian Contract Act, 1872.
(b) Section 72 of the Indian Contract Act, 1872
(c) Section 21 of the Specific Relief Act, 1963
(d) Both a and c
88. Mark the correct statement :
(a) Performance of a Contract cannot be enforced in favour of a person who
fails to aver or prove his readiness and willingness to perform his part of
contract.
(b) In case the Court can infer that a party seeking relief has performed or has
been ready and willing to perform the essential terms of the Contract,
Court can still grant specific performance, even if the pleading do not
contains an averment to that effect
(c) It would not be suffice if the averment in substance only indicates a
willingness on the part of the plaintiff to perform its part of the contract
(d) Both (a) & (b)
89. Mark the correct statement
(a) While the Amendment Act,2018 intends to prevent contracting parties from
avoiding performance of their contracts, The Amendment act inserted new
provision that contract which are ‘determinable’ by their nature, cannot be
specifically enforced.
(b) Since the Amendment Act,2018 does not intends to prevent contracting
parties from avoiding performance of their contracts, The Amendment act
maintains its earlier position that contracts which are determinable by their
nature, cannot be specifically enforced.
(c) While the Amendment Act,2018 intends to prevent contracting parties from
avoiding performance of their contracts, The Amendment act maintains its
earlier position that contracts which are determinable by their nature
cannot be specifically enforced.
90. On which of the following grounds a contract cannot be specifically enforced?
(a) Contract where non-performance could be monetarily compensated.
(b) A situation where the terms of the contract or the relation between parties
at the time of making of the contract gives the contract breaker an unfair
advantage.
(c) A situation where the terms of the contract or the relation between parties
at the time of making of the contract subjects the aggrieved party to undue
hardship.
91. The provision of Chapter II of the Specific Relief Act, 1963 shall apply to
awards to which:-
(a) The Arbitration and Conciliation Act, 1996 applies
(b) The Arbitration and Conciliation Act, 1996 does not apply
(c) The Arbitration and Conciliation Act, 1996 applies or not
(d) The Arbitration and Conciliation Act, 1985 applies
92. The provision of Section 20 of the Specific Relief Act, 1963 is :-
(i) Without prejudice to generality of the provision contained in Indian
Contract Act, 1872
(ii) Without prejudice to generality of the provision contained in CPC
(ii) Subject to the agreement between the parties.
(iv) related to the substituted performance of contract
Codes:-
(a) (i), (iv)
(b) (ii), (iv)
(c) (ii),(iii), (iv)
(d) (i), (iii) (iv)
93. Which of the following provisions provides law regarding Rectification of
Instruments?
(a) Chapter IV and Section 26
(b) Chapter III and Section 26
(c) Chapter III and Section 25
(d) Chapter V and section 25
94. Which of the following statement is correct with respect to the provision of
Section 20C of the Specific Relief Act, 1963?
(a) Any suit filed under Specific Relief Act, 1963 relating to infrastructural
project shall be disposed of by the Court within 12 months from the date of
Service of summons.
(b) Any suit for specific Performance of Contract relating to infrastructural
project shall be disposed of by the Court within 12 months from the date of
Service of summons
(c) Any suit filed under the provision of SRA, shall be disposed of by the Court
within 12 months from the date of Service of summons
95. Section 27 of the Specific Relief Act, 1963 provides:-
(a) Where Rescission may be adjudged
(b) Where rescission may be refused
(c) Where rescission may be adjudged or refused
(d) Where rescission shall be adjudged or refused
96. Section 11 of the Specific Relief Act, 1963 provides the Cases in which
Specific performance of Contract, connected with trust enforceable.
Choose, which of the following is true of Section 11.
(a) Except as otherwise provided in Specific Relief Act, 1963 specific
performance of a contract may be enforced when the act agreed to be
done is in the performance of the trust.
(b) Except as otherwise provided in Specific Relief Act, 1963 specific
performance of a contract shall be enforced when the act agreed to be
done is in the performance of the trust.
(c) Notwithstanding anything in Specific Relief Act, 1963 specific performance
of a contract may be enforced when the act agreed to be done is in the
performance of the trust.
(d) Notwithstanding anything in Specific Relief Act, 1963 specific performance
of a contract shall be enforced when the act agreed to be done I in the
performance of the trust.
97. In which of the following cases the plaintiff would be entitled to rescind the
contract?
(a) If he proves that his contract falls under Section 19, 19A of the Indian
Contract Act
(b) If he proves that his contract falls under Section 39 and 55 of the Indian
Contract Act
(c) If he proves that his contract falls under Section 53 and 39 of the Indian
Contract Act
98. Where a party to a contract is unable to perform the whole of his part of it, &
the part which must be left unperformed either forms a considerable part of the
whole, though admitting of compensation in money; or does not admit of
compensation in money.
(a) He is not entitled to obtain a decree & the court may not direct the party in
default to perform specifically at the suit of other party.
(b) He is not entitled to obtain a decree but the court may direct the party, at
the suit of other party, to perform specifically whole of contract.
(c) He is not entitled to obtain a decree for specific performance, but the court
may, at the suit of other party, direct the party in default to perform
specifically so much of his part of the contract as he can perform.
(d) He is entitled to obtain a decree for specific performance, but the court
shall not, at the suit of other party, direct the party in default to perform.
Specifically so much of his part of the contract as he can perform.
99. Mark the incorrect statement with respect to section 14A of the Specific Relief
Act, 1963?
(a) Under Section 14A of the SRA, 1963, the court is entitled to engage
experts to assist on any particular issue in a suit therein by providing
evidence or for production of documents etc.
(b) Courts may direct parties to provide the expert with all information or
access to relevant documents, goods, property etc.
(c) The opinion or report given by the expert shall form the part of the court
record.
(d) The court or the parties to the suit shall have the right to examine the
expert personally in open court, if the matters referred to him or mentioned
in his opinion or report, or as his opinion or report, or as the manner in
which he has made the inspection.
100. Which of the following statement is not true?:-
(a) If the defendants are not sure who is the true owner, the question of their
being in hostile possession and the question of denying title of the true
owner does not arise.
(b) The plaintiff’s having established title to the suit property will be entitled to
a decree of possession unless their right to the suit property was
extinguished by reason of the defendant being in adverse possession for a
period of 12 years prior to the suit.
(c) Even if the plaintiff is found to be in the adverse possession, it cannot seek
a declaration to the effect that such adverse possession has matured into
ownership.
(d) Both b and c
101. Which of the following provisions provides ‘Effect of Declaration’?
(a) Section 34 of the Specific Relief Act, 1963
(b) Section 35 of the Specific Relief Act, 1963
(d) Section 37 of the Specific Relief Act, 1963
102. Which of the following is not the circumstance where the court may grant
perpetual injunction?
When the defendant invades plaintiff’s right to enjoyment of property and:
(a) Where the defendant is trustee of the property for the plaintiff.
(b) Where there exists no standard for ascertaining actual damages.
(c) Where invasion is such that money compensation is not adequate relief.
103. Where the contract is a settlement of marriage, or a compromise of doubtful
rights between members of the same family:-
(a) The specific performance of such contract may be obtained only by any
member of the family
(b) The specific performance of such contract may be obtained only by any
executors of the contract
(c) The specific performance of such contract may be obtained by any person
beneficially entitled thereunder.
(d) The specific performance of such contract may be obtained only by any
person.
104. Which of the following case law is/are related to Permanent Injunction?
(a) Jharkhand state housing board vs. Didar singh,SC,2018
(b) Bennett, coleman and company limited vs Rising India Entertainment
Production,DHC,2019
(c) Balkrishana Dattatraya Galande versus Balkrishna Rambharose Gupta
and another,2019,SC
105. For relief of declaration under Section 34 of the Specific Relief Act, 1963:-
(a) The plaintiff must have present interest or right
(b) The plaintiff may prove his right or interest in the past
(c) The plaintiff may claim relief on the basis of future right or interest.
106. Except to the extent set out in Specific Relief Act, 1963, any right to relief
which a person may have under a contract is saved by Section 3 of the Act.
This, Section 3 is the saving clause as to right under any Contract. Read the
following statements and mark the statement which is not true in terms of
Section 3.
(a) Where a party to a contract has a right to relief under his contract, other
than specific performance, e.g. recession, termination liquidated damages,
forfeiture, etc. Such Rights would not be affected by the provision of the
Specific Relief Act.
(b) The object of clause (b) is to prevent any relief being given in a case of
specific performance which will have the effect of nullifying the effect of
Section 17 and 49 of Registration Act, 1908.
(c) An unregistered sale deed cannot be admitted in evidence in a suit for
specific performance as evidence of Contract.
107. Which of the following statement is true:-
(i) Specific performance of a contract is the actual execution of the contract
according to its stipulation and terms and the Court direct the party in
default to do the very thing that he had contracted to do —
(ii) If the stipulation and terms are uncertain and the parties are not ad idem,
there can be no specific performance for there was no contract at all.
(iii) The remedy of specific performance is in contrast with the remedy by way
of damages for breach of contract which gives pecuniary compensation
for failure to carry out the terms of the contract.
(iv) Specific performance is equitable relief, given by the court to enforce
against defendant the duty of doing what he agreed by contract to do.
Codes:-
(a) (i) & (iv)
(b) (ii) and (iv)
(c) (i), (ii), (iii)
(d) (i), (ii), (iii) and (iv)
108. In which of the following judgments the Hon’ble Delhi High Court has recently
granted Anti Suit injunction to a party?
(a) Agnigundala venkata ranga rao v. Indukuru Ramachandra Reddy,
(b) HT Media Limited vs. Brainlink International, inc
(c) Behram tejani v. Azeem jagani
109. As per Section 2, of Specific Relief Act, 1963 the term ‘trust’ :-
(a) Has the same meaning as in Section 3 of the Indian Trust Act, 1882 and
includes an obligation in the nature of a trust within the meaning of chapter
IX of the Act.
(b) Has the same meaning as in Section 3 of the Indian Truest Act, 1882 and
X of the Act.
(c) Has the same meaning as in Section 3 of the Indian Truest Act, 1882 and
XI of the Act.
(d) Has the same meaning as in Section 3 of the Indian Truest Act, 1882 and
XII of the Act.
110. Which of the following sections provides law regarding Mandatory Injunction?
(a) Section 37 of the Specific Relief Act, 1963
(b) Section 38 of the Specific Relief Act, 1963
(d) Section 40 of the Specific Relief Act, 1963
111. A files a suit for possession of a vacant site based on title. The defence set up
is that the plaintiff has never been in possession of the said site within 12
years of the suit and as such the suit is barred by time. Is the plaintiff required
to prove that he was in possession within 12 years of the filing of the suit?
(a) Yes, in accordance with article 64 of the act as it is mandatory to show the
previous possession of the suit property
(b) No, in accordance with article 65 of the act, he is not required to prove that
he was in possession of the suit land and he is only required to prove his
proprietary title.
(c) A is required to prove both his possession and title to contest the suit
(d) none of the above.
112. Section 5 of the limitation act is:
(a) applicable to the proceedings under section 34, Arbitration and conciliation
act, 1996 and the time limit prescribed under section 34 can be extended
generally
(b) not applicable to the proceedings under section 34, Arbitration and
conciliation act, 1996 and the time limit prescribed under section 34 is
absolute and not extendable.
(c) applicable to the proceedings under section 34, Arbitration and conciliation
act, 1996 and time limit prescribed under section 34 can be extended only
in exceptional circumstances
(d) not applicable to the proceedings under section 34, Arbitration and
conciliation act, 1996 and the time limit prescribed under section 34 can be
extended under inherent powers of the court.
113. Where a plaintiff has been prosecuting with due diligence and in good faith,
another civil proceeding, relating to the same matter in issue, in a court which,
from defect of jurisdiction is unable to entertain it, the period so spent by the
plaintiff is liable to be excluded in computing the period of limitation for a suit,
under
(i) section 12 of the limitation act
(ii) section 13
(iii) section 14.
(iv) section 15
Mark the correct statement
(a) All the sections above provide for exclusion of time if party has been
litigating the matter in good faith
(b) i and ii provide for exclusion of time and it relates to litigation in good faith
(c) section 14 provides for exclusion of time in the above-mentioned case
(d) none of the above as time cannot be excluded in the above-mentioned
case.
114. A entered with B in a hire purchase agreement for sale of car on 17/06/2001.
The amount was to be paid by B in 20 monthly instalments. However, on
24/04/2002, B made default in payment of monthly instalments. Thereafter A
seized the appliance on 10/09/2002 and sold it on 14/01/2003 to recover the
amount due from instalments. However, a balance of ₹ 75,000/- remained after
adjustment of amount from sale of car. A then filed a suit for recovery of ₹
75,000/- along with interest from B on 30/05/2006. B pleaded dismissal of suit
as it was barred by limitation law. Will B succeed?
(a) No, the cause of action arose on the day when the car was sold, and A
could not recover the entire amount promised under the contract.
(b) Yes, because suit was filed after period of limitation ended on 10/09/2005.
(c) Yes, because suit was filed after period of limitation which ended on
24/04/2005.
115. Mark the correct statement:
(a) Any appeal or application for which the period of limitation is shorter than
the period of limitation prescribed by Indian Limitation Act, 1908 may be
preferred or made within a period of ninety days next after the
commencement of this Act or within the period prescribed for such appeal
or application by the Indian Limitation Act, 1908 whichever period expires
later.
(b) Any appeal or application for which the period of limitation is shorter than
preferred or made within a period of sixty days next after the
later.
(c) Any appeal or application for which the period of limitation is shorter than
preferred or made within a period of thirty days next after the
later.
(d) Any appeal or application for which the period of limitation is shorter than
preferred or made within a period of ninety days next after the
earlier.
116. A stayed at hotel of B for one week. He organised a party for his friends on
1.11.2014, the bill of which amounted to ₹ 40,000/-. He vacated his room on
5.11.2014 and settled all his bills except the bill of the party. B can sue A for
the payment of ₹ 40,000 within:
(a) 1 year from 1.11.2014
(b) 1 year from 5.11.2014
(c) 3 years from 1.11.2014
(d) 3 years from 5.11.2014
117. Where after institution of a suit a new plaintiff or defendant is substituted or
added and it has been pleaded that omission to include a new plaintiff or
defendant was due to a mistake made in good faith then:
(a) If the court is satisfied that such omission was due to a mistake made in
good faith, it may allow exclusion of period of Limitation
(b) If it has been proved that it was a mistake made in good faith then the
court is bound to allow exclusion of period of Limitation
(c) Court may suo moto consider as to whether such omission was due to
bonafide mistake of the party.
(d) If the court is satisfied that such omission was due to a mistake make in
good faith it may allow exclusion of period of Limitation & the party has to
specifically apply for such exclusion.
118. The limitation period to substitute the legal representative of the deceased
defendant is:
(a) 90 days as provided under Article 120 of the Schedule of Limitation Act,
1963.
(b) 90 days as provided under Order XXII Rule 4 of the civil Procedure Code,
1908
(c) 60 days as provided under Article 121 of the schedule of Limitation Act,
1963
(d) 60 days as provided under order XXII rule 4 of the Civil Procedure Code,
1908
119. Which of the following is true with respect to the bar of Section 3 Limitation
Act, 1963 :
(a) Objection as to the bar of section 3, Limitation Act shall be made by the
opposite party at or before the settlement of issues.
(b) Objection as to bar of section 3, Limitation Act shall be made by the
opposite party at the earliest possible opportunity
(c) Court may suo moto consider as to whether the suit is barred by limitation
or not
(d) An objection as to bar of limitation can be made at any time after institution
of suit & before the pronouncement of Judgment but the Opposite party
has to specifically apply for the same
120. A owns the surface of the field. B owns the subsoil. On 1.1.1983 B digs coal
there without causing immediate apparent injury to the surface, but at last on
1.1.1984 the surface subsides. A files a suit against B:-
(a) there lies no suit because subsoil belonged to B
(b) suit lies and period of limitation for suit runs from 1.1.1983
(c) suit lies and period of limitation for suit runs from 1.1.1984
(d) none of the above
121. A gives a promissory note to son on 1.1.1963. A was out of India from
1.1.1984 to 1.1.1986. B sued A on 2.1.1986. This suit:-
(a) is within period of limitation
(b) will be barred by law
(c) suit shall be dismissed
(d) none of the above
122. ‘X’ was a minor when the cause of action (period of limitation for which is 3
years) arose in his favour. Two years after ‘X’ turned a major, ‘X’ died. Decide
the period of limitation that is available to the LR(s) of ‘X’.
(a) One year under section 6(3)
(b) One year under section 6(5)
(c) Three years under section 6(3)
(d) Three years under section 6(5)
123. While delivering a judgment, the Court directed the plaintiff to deposit the court
deficient court fees and it was stated that until the court fees is supplied by the
Plaintiff, there could be no decree in existence. Meanwhile, the defendant filed
an application to obtain the copy of the decree. For the purpose of computing
the period of limitation, which of the following would be considered as the date
of decree?
(a) When the judgment was delivered as it also contains the operative part of
the judgment.
(b) When the application to obtain a copy of the decree was made by the
defendant.
(c) When the defendant collected the copy of the decree.
(d) When the deficient court fees was filed.
124. Period of Limitation to repudiate a transfer made by guardian of a ward, when
a ward dies as a minor, is:
(a) 3 years from the date of transfer
(b) 3 years from the date of his death
(c) 12 years from the date of his death
(d) 12 years from the date of transfer
125. Read the statement given below and mark the correct option:
Statement – I: It is well settled that as a general rule, substantive statutes are
prospective while procedural laws are retrospective.
Statement – II: No person has a vested right in procedure.
(a) Both (I) and (II) are correct but (I) is not based upon principle given in (II).
(b) Both (I) and (II) are correct and (I) is based upon principle given in (II)
(c) Both (I) and (II) are incorrect
(d) is correct & (II) is incorrect
126. The period of limitation for filing leave to defend in a suit under Order XXXVII
of the Code of Civil Procedure is within :
(a) 7 days of receipt of summons for judgment
(b) 10 days of receipt of summons for judgment
(c) 14 days of receipt of summons for judgment
(d) 30 days of receipt of summons for judgment
127. What is the period of limitation for filing a suit by a Muslim wife for the arrears
of maintenance?
(a) Three years from the time when the right to sue accrues
(b) Three years from the time when the arrears are payable
(c) One year from the time when the right to sue accrues
(d) One year from the time when the arrears are payable
128. A suitor under section 3:
(a) May be relieved of the bar of limitation if it is established that the
application of it would result in causing injustice to the parties.
(b) May be relieved of the bar of limitation if a sufficient cause is shown owing
to any hardship, mistake or injustice.
(c) May be relieved of the bar of limitation on the ground of equity and natural
justice if the case so desires.
(d) Cannot be relieved of the bar of limitation
129. Which of the following Articles of the Schedule of the Limitation Act, 1963,
does not provide for the maximum period of limitation specified under the said
Schedule.
(a) Article 112
(b) Article 61(b)
(c) Article 61(a)
(d) Article 63(a)
130. Law of limitation:
(a) Bars the judicial remedy
(b) Bars the judicial remedy and extra judicial remedy but not the substantive
right
(c) Simply bars the judicial remedy, but it neither affects the extra judicial
remedies nor the substantive right itself.
(d) Both (a) and (b)
131. In a case the limitation period for the recovery of debt gets over, the debt will
become a time barred debt:
(a) Such time bared debt can constitute a valid consideration for a fresh
contract.
(b) Such time bared debt cannot constitute a valid consideration for a fresh
contract
(c) The debt remains merely a moral obligation or can be availed of to furnish
the consideration for a fresh enforceable obligation.
(d) Both (a) and (c)
132. The general rule is that “the limitation only bars the remedy but does not
extinguish the right itself”. The exception to this rule is contained in:
(a) section 31
(b) section 27
(c) section 26.
(d) section 25
133. What is the period of limitation provided for suits relating to tort under Part VII
of the Schedule?
(a) One year
(b) Two years
(c) Three years
134. For moving an application for cancellation of probate or letters of
administration, the period of limitation is provided under which of the following
Articles:
(a) Article 137; Period of limitation for three years
(b) Article 113: Period of limitation for three years
(c) Article 59: Period of limitation for three years
(d) Article 58: Period of limitation for three years
135. Under which Article a person who has perfected the title of an immovable
property on the basis of previous possession, can file a suit?
(a) Article 64
(b) Article 65
(c) Article 66
(d) Article 67
136. When an indigent person makes an application under Order XXXIII, Code of
Civil Procedure, 1908, to contest the suit as a pauper and the said application
is allowed. Under which provision will the time period be excluded for which
the person was prosecuting the application in good faith?
(a) Section 13
(b) Section 14(1)
(c) Section 14(2)
137. The period of limitation for filing a suit for possession of immovable property
when the plaintiff has become entitled to possession by reason of any
forfeiture or breach of condition is–
(a) 3 years from the date when the forfeiture is incurred or the condition is
breached
(b) 5 years from the date when the forfeiture is incurred or the condition is
breached
(c) 12 years from the date when the forfeiture is incurred or the condition is
breached
(d) 30 years from the date when the forfeiture is incurred or the condition is
breached
138. The period of limitation for filing a suit for compensation for defamation–
(a) Is three years from the date when the defamatory words are published or
spoken
(b) Is two years from the date when the defamatory words are published
(c) Is one year from the date when the defamatory words are published or
spoken
(d) Is one year from the date when the plaintiff learns of defamation
139. Which of the following is not an essential requirement under section 18,
Limitation Act, 1963?
(a) An admission of the acknowledgement.
(b) Such acknowledgement must be in respect of liability in respect of property
or right
(c) It must be made before the expiry of the period of limitation
(d) It should be in writing, dated and signed by the party against whom such
property or right is claimed.
140. Mark the incorrect statement.
(a) A title to easement is complete upon the effusion of the period of 20 years
under section 25.
(b) Where the property upon which the right of easement by prescription is
claimed belongs to the Government, the period provided for is thirty years.
(c) A user of “as of right” simply means a user in assertion of right.
(d) If the cessation of the user takes place due to an accident or a voluntary
act or omission of the claimant himself, then it does not amount to an
interruption.
141. In order to claim the benefit under section 14, which of the following elements
are required to be proved?
(a) Due diligence
(b) Good faith
(c) Either (a) or (b)
142. What the period of limitation for execution of an order of any civil court?
(a) Three years under Article 135
(b) Three years under Article 136
(c) Twelve years under Article 135
(d) Twelve years under Article 136
143. On which of the following dates was the Indian Limitation Act, 1963 passed?
(a) 05.10.1963.
(b) 06.10.1963.
(c) 01.10.1963
(d) 01.01.1963.
144. Which of the following is/are cogent grounds in support of the law of Limitation:
(a) Long dormant claims have more of cruelty than justice in them
(b) A defendant might have lost evidence to disprove state claim
(c) A person with good cause of action should pursue it with reasonable
diligence
145. The doctrine of relating back is not applicable for the purposes of Indian
Limitation Act, 1963, on which of the following:
(a) set-off
(b) counter claim
(c) When the application for leave to sue as a pauper is allowed
146. The limitation act does not apply to
(a) Industrial tribunals
(b) labour courts
(c) both a and b
(d) neither a nor b
147. For application of law of limitation :
(a) There must be a complete cause of action
(b) There may be a complete cause of action
(c) In exceptional cases, it may apply even without any cause of action
148. Which of the following is/are not suits with respect the Limitation Act, 1963
(a) An application for execution of a decree under order XXI of the Civil
Procedure Code.
(b) An application under orders IX and XIII of Civil Procedure Code.
(c) Proceeding under Section 9 of Civil Procedure Code.
149. Where in a case the Judge holds the Court on a gazetted holiday in order to
dispose of the pending cases. For the purpose of Section 4 of the Limitation
Act, 1963 :
(a) The Court is said to be open
(b) The Court is said to be closed
(c) Extension shall be granted
(d) Both (a) and (c)
150. Mark the incorrect statement :
(a) Section 6 of Limitation Act does not prevent running of limitation period but
only extends the period of limitation.
(b) Section 6, 7 and 8 of the Act are mutually exclusive
(c) Section 6, 7 and 8 of the Act are complementary
Direction: (Questions 151—156): Select the word or phrase which is most nearby
the same in meaning as the original word and mark the correct response as (a), (b),
(c), (d) as the case may be your answer.
151. DEIFY
(a) Face
(b) Worship
(c) Flatter
(d) Challenge
152. LETHAL
(a) Unlawful
(b) Deadly
(c) Sluggish
(d) Smooth
153. IMPETUOUS
(a) Violent
(b) Resourceful
(c) Pleasing
(d) Rash
154. PROLIFIC
(a) Plenty
(b) Competent
(c) Fertile
(d) Predominant
155. DILLIGENT
(a) Intelligent
(b) Energetic
(c) Modest
(d) Industrious
156. BELITTLE
(a) Diminish
(b) Mock
(c) Disparage
(d) Scoff
Direction: (Questions 157—162): Select the word which is nearly opposite to
the meaning of the original word and mark the correct response as (a), (b), (c),
(d) as the case may be your answer sheet.
157. VALUABLE
(a) Inferior
(b) Invaluable
(c) Lowly
(d) Worthless
158. SCEPTICAL
(a) Inquisitive
(b) Hopeful
(c) Indictive
(d) Intuitive
159. REQUISITE
(a) Dispensable
(b) Random
(c) Inappropriate
(d) Chaotic
160. JUBILANT
(a) Scared
(b) Disturbed
(c) Gloomy
(d) Quiet
161. CARNAL
(a) Sensuous
(b) Spiritual
(c) Visionary
(d) Imaginary
162. VIRULENT
(a) Harmless
(b) Malignant
(c) Hostile
(d) Vicious
Direction: (Questions 163—168): In this section, you are required to spot
errors in sentences. Each sentence is divided into three parts. Read each
sentence to find out whether there is an error in any of the parts. No sentence
has more than one error. Some of the sentences do not have any error. When
you find an error in a sentence, the letter indicated under that part of the
sentence is the answer and therefore the same may be marked on the
separate Answer Sheet. If there is no error in any part, then (d) which stands
for "No error" is the answer for the item.
163. The widely publicised manifesto /of the new party/ is not much different than
(a) (b) (c)
ours./ No error
(d)
164. It is the duty of every right thinking citizen/ to try to make the whole world/
(a) (b)
a happier place to live / No error.
(c) (d)
165. To gain reputation among your clients, / you ought to finish/ every assignment
(a) (b) (c)
you undertake/ within the stipulated deadline./ No Error.
(d)
166. To teacher taught/ to the students/ like his own children. / No error.
(a) (b) (c) (d)
167. Mr Smith was accused for murder/ but the court found him not guilty/ and
(a) (b)
acquitted him. / No Error.
(c) (d)
168. No sooner did I open the door/ when the rain, heavy and stormy, rushed in/
(a) (b)
making us shiver from head to foot. / No Error
(c) (d)
Direction: (Questions 169—174): in each of the items. There is a sentence of
which some parts have been jumbled up. You are required to rearrange these
parts which are labelled P, Q, R and S to produce the correct sentence.
Choose the correct sequence and mark in your answer sheet accordingly.
169. Jawaharlal Nehru

under the Cabinet Mission Scheme /was the first to articulate
P Q
/long before such an assembly was set up /the idea of a constituent Assembly.
R S
(a) PQRS
(b) QSRP
(c) RPQS
(d) SRPQ
170. At the end of the assignment,/ the field worker /submitted his paper /for the
work
P Q
done by him /and also bills/ to the offence superintendent.
R S
(a) PQSR
(b) QPRS
(c) QSRP
(d) RSQP
171. Western civilisation is /in its character that /national culture by affecting / It is
P Q
bound to influence every /so powerful and so uniform /its external way of life.
R S
(a) PRSQ
(b) QSRP
(c) RQSP
(d) SPRQ
172. The invasion of India/ is more interesting than any other episode of early
P
Indian history/ to most European readers /by Alexander the Great of
Q R
Macedonia /which occurred during the rule of the Nandas
S
(a) PQRS
(b) QPRS
(c) RSPQ
(d) SRPQ
173. The greatest tragedy of Bhopal /we in India/ is that ever after /the
P
Bhopal disaster/ have not realised/ the necessity /of town planning
Q R S
(a) PRQS
(b) PRSQ
(c) QPRS
(d) RSQP
174. The district collector/ the next of kin /would be provided to /announced that the
P Q
financial assistance/ of the deceased /from the chief Minister’s Relief fund
R S
(a) PSRQ
(b) QSPR
(c) RQPS
(d) SQRP
Direction :(Questions 175—180): Look at the underlined part of each
sentence. Below each sentence are given three possible substitution for the
underlined part. If one of them is better than the underlined part, mark
accordingly on the answer sheet. If none of the substitution improve the
sentence, mark (d) on the Answer sheet.
175. All the allegations levelled against him were found to be baseless
(a) Levelled for
(b) Level with
(c) Level against
(d) No correction required
176. Columbus invented America.
(a) Searched
(b) Traced
(c) Discovered
(d) No improvement
177. Seeing the injustice done to them by the Britishers, the sepoy broke into open
revolt.
(a) Broke to
(b) Broke upon
(c) Resorted to
(d) No improvement
178. The cloud of misfortune appears to have blown out.
(a) Away
(b) Over
(c) Up
(d) No improvement
179. Let he and I do the work today itself.
(a) He with I
(b) He and me
(c) Him and me
(d) No correction required
180. When he heard the rhetorical speech of the leader, he was carried along by
his enthusiasm.
(a) Was carried away
(b) Was carried down
(c) Was carried aloft
(d) No improvement
181. In February-2022, the Central government has extended the term of the
Jammu and Kashmir Delimitation Commission, which is headed by :
(a) Justice J L Kapur
(b) Justice Ranjana Prakash Desai
44
(c) Justice Kuldip Singh
(d) Justice N Chandrasekhara Aiyar
182. Consider the following statements with the reference to the Delimitation
Commission :
(1) The orders issued by the Delimitation Commission have the force of law
and cannot be challenged in any Court of Law.
(2) When the orders of the Delimitation Commission are laid before the Lok
Sabha or State Legislative Assembly, no modifications can be done in the
orders.
(3) Delimitation commission is neither a constitutional body nor a statutory
body.
Which of the statement(s) given above is/are correct?
(a) Only (1)
(b) Only (2) & (3)
(c) Only (1) and (2)
183. When the Supreme Court issues a writ to statutory authority or to an institution
to perform its duty, it is called :
(a) Certiorari
(b) Quo-Warranto
(c) Habeas Corpus
(d) Mandamus
184. The currently serving Chief Justice of India, N. V. Ramana is :
(a) 49th Chief Justice of India
(b) 48th Chief Justice of India
(c) 47th Chief Justice of India
(d) 46th Chief Justice of India
185. Who among the following women Judges has not taken the oath as Supreme
Court judges on 31st August, 2021?
(a) Justice B V Nagarathna
(b) Justice Ruma Pal
(c) Justice Hima Kohli
(d) Justice Bela M Trivedi
186. Who is the Chairman of 21st Law Commission :
(a) Justice D. K. Jain
(b) Justice M. Jagannadha Rao
(c) Justice B. S. Chauhan
(d) Justice B. P. Jeevan Reddy
187. Who among the following is current Chairman of National Human Rights
Commission ?
(a) Shri Justice Pinaki Chandra Ghose
(b) Shri Justice Arun Kumar Mishra
(c) Shri Justice H. L. Dattu
(d) Shri Justice Prafulla Chandra Pant
188. Who is the Chairman of NITI Aayog :
(a) PM Narendra Modi
(b) Dr. Rajiv Kumar
(c) Amitabh Kant Das
(d) Suresh Chandra Sharma
189. Amid the restricted judicial functioning owing to Covid-19 outbreak, which
State’s High Court and its Legal Services Authority organized the country’s first
ever E-Lok Adalat on 11th July, 2020?
(a) Uttar Pradesh
(b) Chhattisgarh
(c) Jharkhand
(d) Madhya Pradesh
190. In which of the following judgements the Supreme Court held that Right to
Free and Fair Elections is a basic feature of the constitution :
(a) Shamsher Singh vs. State of Punjab, 1974
(b) Bachan Singh vs. State of Punjab, 1982
(c) Smt. Indira Nehru vs. Raj Narain, 1975
(d) Maneka Gandhi vs. Union of India, 1978
191. Under which of the following the Constitutional Amendments the reserved
seats for the Anglo-Indian community in Lok Sabha and State Assemblies has
been removed?
(a) 103rd Constitutional Amendment
(b) 104th Constitutional Amendment
(c) 99th Constitutional Amendment
(d) 105th Constitutional Amendment
192. Which Amendment of the Constitution nullified the Supreme Court’s ruling
given in the Indra Sawhney v. Union of India 1992 case with regard to
reservation in promotions?
(a) Seventy Third Amendment Act, 1992
(b) Seventy Fourth Amendment Act, 1992
(c) Eightieth Amendment Act, 2000
(d) Seventy Seventh Amendment Act, 1995
193. In which of the following Judgement Supreme Court held that Welfare of the
child must get precedence over the parents’ rights in a custody battle in
January, 2022?
(a) Vasudha Sethi v. Kiran V. Bhaskar
(b) Lahari Sakhamuri v. Sobhan Kodali
(c) Vivek Singh v. Romani Singh
194. Recently, A Division Bench of the Gujarat High Court has asked Vishal Vyas,
a journalist facing contempt of court proceedings to speak only in English as
that was the language in the higher judiciary. With reference to this statement,
which one of the following Articles of the Indian Constitution says about
Language to be used in the Supreme Court and in the High Courts?
(a) Article- 339
(b) Article-340
(c) Article-347
(d) Article-348
195. Recently, the Public Accounts Committee (PAC) has completed 100 years.
With reference to this Committee, consider the following statements :
(1) It is the oldest Parliamentary Committee and was first constituted in 1921
under the provisions of the Government of India Act of 1919 (in the wake of
the Montague-Chelmsford Reforms).
(2) The Chairman of the Committee is appointed by the Speaker of Lok Sabha
from amongst the members of ruling party
(3) Presently the Committee consists of 22 Members (15 Members are elected
from Lok Sabha and 7 Members from the Rajya Sabha)
(4) It is an executive body and hence, decisions are binding on the ministries.
Which of the statement(s) given above is/are correct?
(a) Only (1)
(b) Only (2) & (3)
(c) Only (1) and (3)
196. Recently, Constituent Assembly has completed its 75 years of the first meeting
on 9th December, 2021, which was under :
(a) Government of India Act, 1935
(b) Cripps Mission, 1942
(c) Cabinet Mission Plan, 1946
(d) Indian Independence Act, 1947
197. Which of the following the Union Ministry under the Government of India has
been created in July, 2021?
(a) Ministry of Corporate Affairs
(b) Ministry of Cooperation
(c) Ministry of Skill Development and Entrepreneurship
(d) Ministry of AYUSH
198. The Union Ministry of Cooperation is a ministry under the Government of India
which has been formed in July 2021 with which of the following vision
statement?
(a) Sahkar se Vriddhi
(b) Sahkar se Sahyog
(c) Sahkar se Satat Vikas
(d) Sahkar se Samriddhi
199. “The Universal Declaration of Human Rights (UDHR)” is a milestone document
in the history of human rights which was proclaimed and adopted by the
United Nations General Assembly on :
(a) 10th December, 1945
(b) 10th December, 1948
(c) 24th October, 1945
(d) 26th June, 1946
200. The First Federal Court of India was established in which of the following year?
(a) 1935
(b) 1937
(c) 1946
(d) 1947
DELHI JUDICIAL SERVICES (PRELIMINARY) MOCK EXAMINATION - 2022
EVIDENCE, SRA, LIMITATION, ENGLISH & GK

TEST- I
Total Questions: 200
Maximum Marks: 200
Duration: 2:00 Hours
Date: 01/03/2022
Sr. No. Ans. Explanations
1. C Refer Section 113B of the Indian Evidence Act. the expression "soon before
her death" used in Section 304-IPC and Section 113-B of the Evidence Act
is present with the idea of proximity test. However, the said expression
would normally imply that the interval should not be much between the
cruelty or harassment concerned and the death in question. In other words,
there must be existence of a proximate and live link between the effect of
cruelty based on dowry demand and the death concerned. If the alleged
incident of cruelty is remote in time and has become stale enough not to
disturb the mental equilibrium of the women concerned, it would be of no
consequence.
2. D Refer Nagendra Shah vs State of Bihar, 2021. When a case is resting on
circumstantial evidence, if the accused fails to offer a reasonable explanation
in discharge of burden placed on him by virtue of Section 106 of the
Evidence Act, such a failure may provide an additional link to the chain of
circumstances. In a case governed by circumstantial evidence, if the chain of
circumstances which is required to be established by the prosecution is not
established, the failure of the accused to discharge the burden under Section
106 of the Evidence Act is not relevant at all. When the chain is not
complete, the falsity of the defence is no ground to convict the accused,"
3. A Refer Sonu@Sunil vs State of Madhya Pradesh,2020.SC
4. C Refer Dhanpat vs Sheo Ram, 2020, SC
5. D Refer Mohinder Singh vs Jaswant Kaur, 2020 SC
6. B Refer Govindbhai Chhotubhai Patel vs Patel Ramanbhai Mathurbhai,2019
7. D Whenever a particular matter comes before the court, the liability of a party
to the case depends upon the existence or non-existence of certain facts
e.g. A is accused of the murder of B by shooting. In the given situation, the
liability of A to be punished under Section 302 of the Indian Penal Code
depends upon the proving of the fact that ‘A caused the death of B by
shooting at him with the intention of causing death’ or that ‘A shot at B with
the knowledge that his act is so imminently dangerous that it is in all
probability likely to cause death and that A did not have any excuse to incur
that risk’ etc.
8. B In order to establish the fact in issue , the court has to gather information
regarding the other facts. The net effect of all the other facts (called relevant
facts) is to prove or disprove the facts in issue. There might be a multitude of
facts which surround a given fact in issue. But every fact will not be relevant.
So, the court first has to examine as to what facts will be relevant and then
the court has to be satisfied as to the truthfulness of the relevant facts. The
proof as to the veracity of the relevant facts has to be given. This proof can
be given either by some oral evidence or some documentary evidence. In
certain situations, the court may itself presume or take judicial notice of
certain facts.
9. A There are two fundamental principles of the law of evidence. What is
relevant may be proved; but everything that is relevant may not be
admissible as evidence. This admissibility of evidence is tested on the basis
of the ‘truth value’ of the relevant facts. Thus there are certain facts though
relevant, are excluded under Evidence Act.
10. C The fact that any person’s character is such as to render certain conduct
imputed to him probable or improbable is also excluded.
11. D statements given in option a, b and c are relevant under section 7 and 8. For
statement ‘d’ Refer Section 14 of the Evidence Act. A fact relevant as
showing the existence of a relevant state of mind must show that the state of
mind exists, not generally, but in Reference to the particular matter in
question.
12. B The law of evidence generally lays down that he who wants the court to
believe certain things must prove them. But this general rule is modified by
the law of presumptions. In certain cases, the law says that the court may
believe in the truth of a thing, unless it is disproved. In such cases, the Court
may presume the existence of a particular state of affairs. In some other
cases, the law prescribes that the court must believe in the existence of
certain things, unless they are disproved. There are cases where the
Evidence Act lays down that a court shall presume a particular thing.
13. C Taylor uses the word “evidence” to mean “all the legal means exclusive of
mere argument which tend to prove or disprove any fact the truth of which is
submitted to judicial investigation.
14. C Refer Section 3 of the Indian Evidence Act, 1872
15. A Refer Section 156 of the Indian Evidence Act, 1872
16. D Refer Section 60 of the Evidence Act, as per Section 60, the evidence of C
to G is direct evidence & that of H is indirect evidence. Because each of
them, C to G, is giving evidence about a fact which was perceived by him by
the particular sense by which it was capable of being perceived;whereas, H
alone is talking about A stabbing B – a fact capable of being seen, but
without seeing it. He has heard about it. The evidence sought to be given by
H is also called hearsay evidence & in general, is not admissible in a court of
law.
18. D Refer Section 6 of the Indian Evidence Act, 1872. When the conduct of any
person is relevant, any statement made to him or in his presence and
hearing which affects his conduct is relevant
19. B Refer Tara Devi vs State of UP, SC. Motive is that which moves a man to do
a particular act. Motive in the correct nse is the emotion supposed to have
led to the act. It is often proved by the conduct of the accused. Previous
threats, previous altercations, or previous litigations between parties are
admitted to show motive. The merely existence of motive is by itself not a
incriminating circumstances
20. D Refer Section 9 of the Indian Evidence Act, 1872.
21. A -One of the methods of establishing the identity of the accused is “test
identification parade”. Its evidence is received under this section. The idea of
the parade is to test the veracity of the witness on the question of his
capability to identify from among several persons made to stand in a queue,
an unknown person whom the witness had seen at the time of the
occurrence.
22. C Refer Section 10 of the Indian Evidence Act, 1872. Refer Bhagwan Swarup
vs. State of Maharastra, SC. The expression “in Reference to their common
intention” in this section is very comprehensive with the result that anything
said, done or written by a coconspirator, after the conspiracy was formed,
will be evidence against the other before he entered the field of conspiracy
or after he left it. It cannot be used in favour of the other party or for the
purpose of the other party or for the purpose of showing that such a person
was not a party to the conspiracy.
23. C Refer Section 11 of the Indian Evidence Act, 1872. Refer Dudh Nath Pandey
vs State of Up , Gauri Shankar Sharma vs. UP, SC the failure of the accused
to establish his presence elsewhere should not be taken to mean inevitably
his presence at the spot of the crime or that he was the man behind the
murder. The Supreme Court reiterated again that the failure of the accused
to substantiate the plea of alibi is not a circumstance which should go
against him.
24. C according to Canny – A man can tell a lie but not circumstance. Therefore, it
is not a weak kind of evidence. It is more reliable than human being since
human being have mind to manipulate the truth but not circumstance.
25. D Refer Section 11 of the Indian Evidence Act, 1872
27. B Refer Nandlal Wasudev Badwaik vs Lala Nandlal Badwaik.
28. B It means all acts are presumed to be rightly done. Section 16 of the
Evidence Act is based upon the above mentioned maxim. This maxim is
based on the fact that the conduct of men in official and commercial matters
is, to a great extent, uniform. In such cases, there is a strong presumption
that the general regularity will not, in any particular instance, be departed
from. This is a rebuttable presumption.
30. B Refer Section 85C of the Indian Evidence Act, 1872
33. C Refer Section 21 of the Indian Evidence Act, 1872. The stament is
admissible because, if A were dead, it would be admissible under Section
32, clause (2).
35. C Section 115 of Indian Evidence Act, 1872. A hostile witness is one who from
the manner in which he give the evidence shows that he is not desirous of
telling the truth to the court.
36. B Reputation does not include character as a man with good reputation maybe
bad character and vice-versa.
37. D Refer Section 32 of the Indian Evidence Act, 1872. A dying declaration witch
suffers from infirmity cannot form a sole basis of conviction
38. B Usage means habitual but not necessary immemorial practice. The word
‘usage' is would include what two people are now or instantly. Inhabit of
doing in a particular place. It may be that this particular habit is only of a very
recent origin or it may be one which has existed for a very long time. if it is
only which is regularly and ordinary practiced there is a usage. So a
business uses of distinguished from a common law custom need not be long
established or strictly uniform
41. B Refer Section 77 of the Indian Evidence Act, 1872
42. B Refer Section 88A of the Indian Evidence Act, 1872
43. A Refer Section 10 of the Indian Evidence Act, 1872. Refer Barinder Kumar
Ghose vs Emperor. Though to establish the charge of conspiracy there must
be agreement, there need not be proof of direct meeting or combination, nor
need the parties be brought into each other’s presence; the agreement may
be inferred from circumstances raising a presumption of a common
concerted plan to carry out the unlawful design. So again it is not necessary
that all should have joined in the scheme from the first; those who came in at
a later stage are equally guilty, provided the agreement be proved.
52. D Refer Section 164 of the Indian Evidence Act, 1872. When a party refuses to
produce a document which he had notice to produce, He cannot afterwards
use the document as evidence without the consent of opposite part or the
order of the court
55. D Refer Section 142 and 143 of the Indian Evidence Act, 1872
59. D The burden of proving the ingredients of estoppels lies on the party claiming
estoppels i.e. the one to whom the representation was made.
60. A Banwari Lal vs. Sukhdarshan, AIR 1973 SC
It was held by the Supreme Court that:
(a) The doctrine embodied in the Section is not a rule of equity but a rule of
evidence formulated and applied in courts of law.
(b) It precludes a person from denying the truth of some statement
previously made by himself.
(c) No cause of action arises upon estoppel itself
61. B The maxim allegans contraria non est audiendus means A person alleging
contradictory facts should not be heard.
68. D According to Stephen, the word “evidence” is used in three senses:
(i) words uttered & things exhibited in Court,
(ii) facts proved by those words or things, which are regarded as ground
word of inference as to other facts not so proved, and
(iii) relevancy of a particular fact to matter under inquiry.
69. B Refer Section 114 of the Indian Evidence Act, 1872. That evidence which
could be and is not produced would, if produced, be unfavourable to the
person who withholds it
70. A Refer Arjun PAnditrao vs Kailash Kushanrao .
71. A MOHINDER KAUR VS. SANT PAUL SING,2019,SC-. Readiness and
willingness of the plaintiff cannot be construed by the actions of the
defendant. Merely because the intimation sent by one of the party was
notconsidered proper to the satisfaction of another party, it cannot be
construed as readiness and willingness on the part of the unsatisfied party
and his capacity to perform his obligation under the agreement.
72. D Refer Section 22 of the Specific Relief Act, 1963
73. D Refer Section 24 of the Specific relief Act
74. C :-Refer- Ritu Saxena vs J.S Grover & Anr,2019 SC
Self-serving averments without any proof of financial resources cannot be
relied upon to return a finding that the plaintiff was ready and willing to
perform her part of the contract. What is evidence and what is the weight
attached to the evidence are two separate aspects and the oral statement on
important aspect of financial capacity cannot be accepted by the Court as
proof of financial capacity.
75. A Refer Section 5 of the Specific Relief Act, 1963 A person entitled to the
possession of specific immovable property may recover it in the manner
provided by the Code of Civil Producer, 1908
76. D Refer Section 6 read with Section 115 of the Civil Procedure Code,1908
77. D BALKRISHANA DATTATRAYA GALANDE VERSUS BALKRISHNA
RAMBHAROSE GUPTA AND ANOTHER,2019,SC
A person claiming permanent injunction has to prove his actual and physical
possession of the property on the date of suit. Section 38 of Specific Relief
Act (SRA) provides that permanent injunction can only be granted to a
person who is in the actual possession of the property. Under Section 38 of
the Specific Relief Act, an injunction restraining the defendant from
disturbing possession may not be granted in favour of the plaintiff unless he
proves that he was in actual possession of the suit property on the date of
filing of the suit.
79. D Refer KUMAR VS PREMLATA JOSHI AND ORS,2019,SC
80. C Refer Section 7 of the Specific Relief Act, 1963
81. C Refer Section 20 of Specific Relief Act,1963 which provides for Substituted
Performance and Section 41 of the Indian Contract Act.
82. B Refer Section 21 of the Specific Relief Act,1963. If, in any suit for specific
performance, the court decides that specific performance ought not to be
granted, but that there is a contract between the parties which has been
broken by the defendant, and that the plaintiff is entitled to compensation for
that breach, it shall award him such compensation accordingly.
83. A Refer Section 29 of the Specific Releif Act,1963. A plaintiff instituting a suit
for the specific performance of a contract in writing may pray in the
alternative that, if the contract cannot be specifically enforced, it may be
rescinded and delivered up to be cancelled; and the court, if it refuses to
enforce the contract specifically, may direct it to be rescinded and delivered
up accordingly.
84. A Refer Section 20 B of the Specific Relief Act,1963. The State Government, in
consultation with the Chief Justice of the High Court, shall designate, by
notification published in the Official Gazette, one or more Civil Courts as
Special Courts, within the local limits of the area to exercise jurisdiction and
to try a suit under this Act in respect of contracts relating to infrastructure
projects.
85. B Specific performance cannot be enforced against a transferee for value who
has paid his money in good faith without notice of the original contract.
86. A Refer section 28 of the Specific Relief Act, 1963
87. A Refer Section 21 of the Specific Relief Act, 1963
88. B Refer Section 16 of the Specific Relief Act,1963. Specific performance of
contract cannot be enforced in favour of a person- who fails to prove that he
has performed or has always been ready and willing to perform the essential
terms of the contract which are to be performed by him, other than terms the
performance of which has been prevented or waived by the defendant.
89. C Refer section 14 of the specific relief Act, 1963 .
While the Amendment Act intends to prevent contracting parties from
avoiding performance of their contracts, The Amendment act maintains its
earlier position that contracts which are determinable by their nature cannot
be specifically enforced.
90. D Refer section 10 and 14 of the specific relief Act, 1963. Specific performance
is a general rule now. Statements A,B and C were the grounds for refusing
specific performance prior to the 2018 amendment Act. These grounds are
removed by amendment Act 2018.
91. B Refer section 25 of the specific relief Act, 1963.
92. D Refer section 20 of the specific relief Act, 1963 .
93. B Refer Chapter III and Section 26 of the Specific Relief Act, 1963
94. C Refer Section 20 C of the Specific Relief Act,1963. Any suit filed under the
provisions of Specific Relief Act shall be disposed of by the court within a
period of twelve months from the date of service of summons to the
defendant:
95. C Refer Section 27 of the Specific Relief Act, 1963.
96. b Refer Section 11 of the Specific Relief Act, 1963
97. D A contract is declared voidable under various provisions of the Indian
Contract Act 1872. Thus, if the plaintiff proves that his contract falls under
the provision of sections 19,19A,39,53 and 55 of Indian Contract Act,1872 ,
he would be entitle to rescind the contract under section 27 of Specific Relief
Act,1963
98. C Refer Section 12 of the Specific Relief Act,1963
99. D Refer Section 14 A of the Specific Relief Act,1963. The Court or with the
permission of the Court the Parties may examine the expert personally in
open court, if the matters Referred to him or mentioned in his opinion or
report, or as his opinion or report, or as the manner in which he has made
the inspection.
100. C Refer Ravinder Kaur Grewal vs Manjit Kaur on 7 August, 2019No table of
figures entries found.
Adverse possession is no more remain a plea of defence only. It can now be
used as a shield as well as a sword. If the plaintiff has perfected his title by
an adverse possession he can file suit on the basis of the same.
101. B Refer Section 35 of the Specific Relief Act, 1963
103. C Refer section 15 of Specific Relief Act, 1963.Where the contract is a
settlement of marriage, or a compromise of doubtful rights between
members of the same familyThe specific performance of such contract may
be obtained by any person beneficially entitled thereunder.
104. D All the cases are related to Permanent injunction
105. A For relief of declaration under Section 34 of the Specific Relief Act, 1963 the
plaintiff must have present interest or right
106. C Refer Section 3 of Specific Relief Act, 1963. Proviso to Section 49 of the
Registration Act, 1908. An unregistered sale deed can be admitted in
evidence in a suit of specific performance as evidence of contract.
107. D all statements are correct in respect to the law of specific performance of
contract.
108. B Refer HT MEDIA LIMITED Vs. BRAINLINK INTERNATIONAL, INC., DHC,
2020
109. A Refer Section 2(c) of Specific Relief Act, 1963
110. C Refer Section 39 of the Specific Relief Act, 1963
111. B Article 65 of the act provides for suits based on proprietary title and Article
64 provide for suits based on the right of previous possession and not on
proprietary title
112. B Section 5 of The limitation act is not applicable to section 34(3) of Arbitration
and conciliation act, 1996.
113. C Section 14 of the act
114. C The cause of action in case of breach of hire purchase agreement arises
whenever the default in payment of instalment is committed and not from the
sale or seizure of the property. Such contracts are in the nature of loan
transaction and they come to an end upon its breach that is default in
payment of instalment. Read Sundaram Finance Ltd v. Noorjahan Beevi &
Anr (2016 SC).
115. D read section 30(b) of the act.
116. C The cause of action of not paying for the party arose on 1.11.2014. A had
settled all the other amount.
117. D read Section 21
118. A article 120 provides for the said period
119. C Court has the power to consider it suo moto.
120. C section 23 of the act provides that suits for compensation for act which does
not give rise to cause of action unless specific injury results, then the period
of limitation shall be computed from the time when the injury results. Due to
the digging of coal by B, the surface owned by A subsided causing an injury
to A.
121. A section 15(5) provides that in computing the period of limitation for any suit,
the time during which the defendant has been absent from India shall be
excluded. The words “absent from India” does not mean that defendant was
present in India at the time the cause of action accrued. It will apply equally
to cases where the defendant was absent altogether from India at the time of
accrual of cause of action as to cases where he leaves India after the
limitation period has begun to run.
122. B Once the period begins to run, no subsequent inability or disability stops it.
Since the time started to run after the minority ceased, the LRs will be given
only that much time as X would have had if he had not died. Refer to section
6(5).
123. D When a judgment is delivered in the presence of the parties clearly
announcing certain steps to be taken by the plaintiff before the decree can
be prepared, the matter stands on an entirely different footing. In the present
case, without deposit of the deficient court fees by the plaintiff, the decree
could not be instantly prepared under the law. Time was given to the plaintiff
for that purpose and there could be no decree in existence in law until the
plaintiff supplied the court fees. Without the existence of the decree any
application for a copy of the decree would be futile. Therefore, the date of
the decree was when the plaintiff furnished the court fees as ordered.
[Udayan Chinubhai v. R. C. Bali (1977) 4 SCC 309].
124. B Read article 60 of the act.
125. B It is well-settled that as a general rule, substantive statutes are prospective
while procedural laws are retrospective. This is based on the principle that
no one has a vested right in procedure.
126. B Article 118
127. A article 113.
128. D Section 3 is a mandatory provision and it uses the word “shall”.
129. B The maximum period of limitation under the Schedule to The Limitation Act,
1963 is 30 years. The minimum period of limitation is 10 days. The period of
limitation provided under Article 61(b) is 12 years.
130. C The Indian Limitation Act deals with the Law of Prescription as well as the
Law of Limitation. A law of Prescription prescribes the period at the expiry of
which not only the judicial remedy is barred but a substantive right is
acquired or extinguished. A law of Limitation limits the time after which a suit
or other proceeding cannot be maintained in a court of Justice. It simply bars
the judicial remedy, but it neither affects the extra-judicial remedies nor the
substantive right itself.
131. D A time barred debt can constitute a valid consideration for a fresh contract.
Thus, under Section 25(3) of the Indian Contract Act, 1872, an agreement in
writing undertaken to pay time barred debt is valid and binding.
132. B Section 27
133. D read part VII of the schedule.
134. A Applications contemplated under Article 137 are not limited to the application
filed under the Code of Civil Procedure, 1908. Also, Refer to the case of
Navesh Nivrutti Bhagwat v. Dr. Surendra Manohar Parakhe, Civil Appeal Np.
1399 of 2010; 3 Judges Bench; Delivered by Hon’ble Mr. Justice Ravindra
Bhat; decided on: 04.20.2019.
135. A it is based on previous possession
136. D application is allowed, doctrine of relating back shall apply.
137. C Article 66
138. C Article 75
139. D Acknowledgement may not be dated as it is not an essential requirement
under section 18(1) and in case of undated acknowledgement, oral evidence
may be given of the time when it was signed. [Section 18(2)].
140. A However long the period of actual enjoyment may be, no absolute or
indefeasible right can be acquired until the right is brought in question in
some suit, and until it is so brought in question the right is inchoate only.
Pages 220 and 221, J. D. Jain, “Indian Limitation Act”.
141. D The principle of Section 14 is the protection against the bar of limitation of a
person honestly doing his best to get his case tried on the merits, but failing
through the Court being unable to give him such trial.
142. D Article 136 provides for the period of limitation for the execution of an order
of any civil Court.
143. A Passed on 5.10.1963 and effective from 1.1.1964.
144. D All are cogent grounds.
145. B Section 3. The doctrine of relating back applied in the case of set off and not
in the case of counter claim. Also, when the application for leave to sue as a
pauper is allowed, the doctrine of relating back is applied. If however, the
application is not allowed, section 13 applies.
146. C
147. A For application of law of limitation, there must be a completed cause of
action. In other words, there must be a person who can sue, a person who
can be sued, and a cause of action on which a suit, appeal or application
can be filed. Moreover, such person should be in a position to institute such
proceeding without any hindrance, obstruction or impediment.
148. D “Suit” does not include an appeal or an application. Section 2(l).
149. B Whether the Court is closed on an authorised holiday or on a working day is
immaterial. It is sufficient that the Court is, in fact, closed. A Court is said to
be closed even on that day if the Judge holds Court on a gazetted holiday.
[Boyamma v. Balajee, 20 Mad 469].
150. B Section 6, 7, and 8 of the Limitation Act are not mutually exclusive; rather
they are complementary, the latter section supplementing the former.
Section 6, 7, and 8 have to be read together. Section 6 is controlled by
section 8 which serves as an exception to sections 6 & 7. The idea
underlying sections 6, 7, and 8 is to protect the person under disability and
not to place him under a disadvantage.
151. B
152. B
153. D
154. C
155. D
156. C
157. D
158. B
159. A
160. C
161. B
162. A
163. C
164. C
165. D
166. B
167. A
168. B
169. B
170. A
171. D
172. C
173. C
174. C
175. D
176. C
177. D
178. B
179. C
180. A
181. B
182. C
183. D
184. B
185. B
186. C
187. B
188. A
189. B
190. C
191. B
192. D
193. A
194. D
195. C
196. C
197. B
198. D
199. B
200. B

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(c) When the chain is not complete, the falsity of the defence is no ground to

convict the accused

169. Jawaharlal Nehru

EVIDENCE, SRA, LIMITATION, ENGLISH & GK

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