DJS OBJECTIONS 2023

SET - B

S.no. Question no. Option(s) ID Remarks Character limit (1000)

claimed

1 11 (1) Section 11 of THE SPECIFIC RELIEF ACT, 1963- Cases in which

specific performance of contracts connected with trusts
enforceable.—(1) Except as otherwise provided in this Act, specific
performance of a 1[contract shall], be enforced when the act agreed to
be done is in the performance wholly or partly of a trust.
(2) A contract made by a trustee in excess of his powers or in breach
of trust cannot be specifically enforced.

2 16 none of the None of the above is the correct option. As the general rule states that
above there is no right to appeal under summary suit under order 37.

3 50 (2) Kindly refer to Section 3. of THE LIMITATION ACT, 1963 - Bar of

limitation.—
(2) For the purposes of this Act,—
(b) any claim by way of a set off or a counter claim, shall be treated as
a separate suit and shall be deemed to have been instituted—
(i) in the case of a set off, on the same date as the suit in which the
set off is pleaded;
(ii) in the case of a counter claim, on the date on which the counter
claim is made in court;

4 51 (2) Kindly refer to Section 4. of THE LIMITATION ACT, 1963 - Expiry of

prescribed period when court is closed.—Where the prescribed period
for any suit, appeal or application expires on a day when the court is
closed, the suit, appeal or application may be instituted, preferred or
made on the day when the court re-opens.
Explanation.—A court shall be deemed to be closed on any day within
the meaning of this section if during any part of its normal working
hours it remains closed on that day.

5 61 Both option
(1) and (4) The application is liable to be disallowed
are correct

6 63 Both option Kindly refer ORDER V, Rule 1 of THE CODE OF CIVIL PROCEDURE,
(2) and (4) 1908
are correct When a suit has been duly instituted,summons may be issued to the
defendant to appear and answer the claim and to file the written
statement of his defence within thirty days from the date of service of
summons on that defendant.
Provided further that where the defendant fails to file the written
statement within the said period of thirty days, he shall be allowed to
file the same on such other day as may be specified by the Court, for
 reasons to be recorded in writing, but which shall not be later than
ninety days from the date of service of summons.
Thus, the defendant may file within 30 days but on his failure he may
file same not beyond 90 days from date of institution of suit .
Both option 2 and 4 are correct.

7 67 (1)
Kindly refer Prem Lata Nahata v chandi Prasad Sikaria (2007) 2 SCC
551 2 judge bench
Where the Supreme Court held that in absence of notice under
Section 80, plaint should be rejected .
The language of this section is imperative and absolutely debars a
court from entertaining a suit instituted without compliance with its
provisions. If the provisions of the section are not complied with, the
plaint must be rejected under O. 7, iR. 11(d) of CPC. So the notice
under Section 80(1) of CPC, 1908 is the first step in the ligation
against government or public officer.Kindly refer
.https://ujala.uk.gov.in/files/Notice_under_section_80_CPC_By_Chairb
_Batra_1.pdf

8 86 (2) Kindly refer 165 The Indian Evidence Act, 1872

Judge’s power to put questions or order production.—The Judge
may, in order to discover or to obtain proper proof of relevant facts,
ask any question he pleases, in any form, at any time, of any
witness, or of the parties, about any fact relevant or irrelevant; and
may order the production of any document or thing; and neither the
parties nor their agents shall be entitled to make any objection to any
such question or order, nor, without the leave of the Court, to
cross-examine any witness upon any answer given in reply to any
such question.
Thus, parties have no absolute right to objection however they have
the right to cross examine the witnesses upon the answer given on
such questions with the leave of the court.
8 111 Both option Both option 1 and 4 are correct as the magistrate can direct local
(1) and (4) police to register FIR
are correct

9 139 (1) Article 20(3) Protects Accused Against Compulsory Testimonial And
Therefore S. 91 CrPC Isn't Applicable To Accused: Chhattisgarh HC
https://www.livelaw.in/news-updates/chhattisgarh-high-court-article-20
3-constitution-of-india-protects-accused-compulsory-testimonial-sectio
n-91-crpc-221031#:~:text=Article%2020(3)%20Protects%20Accused,A
pplicable%20To%20Accused%3A%20Chhattisgarh%20HC

10 140 (4) Section 2(e) of THE ARBITRATION AND CONCILIATION ACT, 1996
defines “Court” means—
(i) in the case of an arbitration other than international commercial
arbitration, the principal Civil Court of original jurisdiction in a district,
and includes the High Court in exercise of its ordinary original civil
jurisdiction, having jurisdiction to decide the questions forming the
subject-matter of the arbitration if the same had been the
 subject-matter of a suit, but does not include any Civil Court of a grade
inferior to such principal Civil Court, or any Court of Small Causes;
Thus, option 3 is correct in case of international commercial arbitration
.In the present case in question it is wrong. Further the question
nowhere mentions that it is a commercial dispute. Option 4 is the best
possible option.

11 146 None of the No option seems to be exact answer the question should be deleted
above

12 161 None of the No option seems to be exact answer the question should be deleted
above

13 167 (4) For bringing a charge under section 406 the facts must establish that
there was entrustment and dishonest misappropriation of the thing
whether movable or immovable property. In the given question, option
1 and option 3 are incorrect as the offence does not constitute
cheating under section 420. However with respect to option 2 and
option 4, the best option available is option 4 that is none of the above.
It is because to make an offence completely fall under section 406
following essential condition must be fulfil that is
1) entrusted
2) dishonest misappropriation
3) dominion
Therefore though entrusted but dishonest intention is missing.

14 186 None of the Ventriloquist is the ability to speak without moving your lips so that
Above your voice seems to be coming from someone or something else,
usually as a way of entertaining people. The question is ambiguous as
it does not contain keywords like dummy, puppet, without moving lips.