Bihar Judicial Services (Prelims Paper - II) Mock - 4 - Judiciary Exams MCQ

As per Section 2(e) of the Arbitration and Conciliation Act, 1996, Court means 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.

Rajya Sabha is a permanent house and is not subject to dissolution. However, one-thrid members of Rajya Sabha retire after every two years.

As per Section 26 of Indian Contract Act, 1872, an agreement in restraint of marriage is void. It says that every agreement in restraint of the marriage of any person, other than a minor, is void.

False imprisonment occurs when a person is restricted in their personal movement within any area without justification or consent. Actual physical restraint is not necessary for false imprisonment to occur. A false imprisonment claim may be made based upon private acts or upon wrongful governmental detention.

Where there is a contract for the sale of unascertained or future goods by description and goods of that description and in a deliverable state are unconditionally appropriated to the contract, either by the seller with the assent of the buyer or by the buyer with the assent of the seller, the property in the goods thereupon passes to the buyer. Such assent may be express or implied and may be given either before or after the appropriation is made. Therefore, under Section 23 of the Sale of Goods Act, 1930, for passing of property in goods, the goods must be in deliverable state.

A cheque is a bill of exchange drawn upon a specified banker and payable on demand. There are two types of cheques, open cheques and crossed cheques. Open cheque is one which is payable in cash across the counter of a bank. A crossed cheque is one on which two parallel transverse lines with or without the words "& Co." are drawn. The payment of such a cheque can be obtained only through a banker. Thus, crossing is a direction to the drawee banker to pay the amount of money on a crossed cheque through a banker so that the party who obtains the payment of the cheque can be easily traced.

As per Companies Act 2013, u/s 161(2), the Board of Directors of a company may, if so authorised by its articles or by a resolution passed by the company in general meeting, appoint a person, not being a person holding any alternate directorship for any other director in the company, to act as an alternate director for a director during his absence for a period of not less than three months from India.

The most significant, fascinating but complex segment of administrative law is that pertaining to judicial control of administrative actions. The techniques commonly used for this purpose are writs, appeals, reference to the courts, injunctions, declarations, suits for damages for tortious actions of the administration and civil servants are issued by the Supreme Court and High Courts under the provisions of Articles 32 and 226, respectively. Under Article 227, the High Courts exercise the power of supervision over tribunals within their territorial jurisdiction, while Section 482 CrPC provides for inherent powers of the High Court.
Therefore, the correct answer would be Section 482 of Cr.P.C.

Sec. 14 deals with the rule against perpetuity. It says that no transfer of property can operate to create an interest which is to take effect after the life time of one or more persons living at the date of such transfer, and the minority of some person who shall be in existence at the expiration of that period, and to whom, if he attains full age, the interest created is to belong.
Following are the nine exceptions to the rule against perpetuity:
(1) vested interest is not affected by the rule because once the interest are vested it cannot be bad for remoteness.
(2) The rule is not applicable to land purchased or held by corporation.
(3) Gift to charities, the rule does not apply to transfer for the benefit of public for religious, pious, or charitable purposes.
(4) Properties settled upon individuals for memorable public service.
(5) The rule against perpetuity does not apply to Personal agreement. For example, agreements which do not create any interest in the property.
(6) This rule does not offend the covenants of redemption in the mortgage.
(7) The rule does not apply to contacts for Perpetual renewal of lease.
(8) The rule also does not apply where only charges is created which does not amount to a transfer of an interest.
(9) Contract of preemption also not affected by rule against perpetuity.

Section 22 of the Hindu Marriage Act provides that, every proceeding under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the Court.

An anticipatory breach occurs when a party demonstrates its intention to break a contract. However, vocal or written confirmation is not required, and failure to perform an obligation in a timely matter can result in a breach. By declaring an anticipatory breach, the counterparty may begin legal action immediately rather than waiting until a contract's terms are actually broken.
Anticipatory breach of contract is a declaration made by one of the contracting parties of his intention not to fulfill the contract and proclaim that he will no longer remain bound by it. Section 39 of Indian Contract Act, 1872 deals with the anticipatory breach.

The Preamble of the Indian Constitution has the word 'secular', and Articles 25 to 28 implies that the State will not discriminate, patronise or meddle in the profession of any religion. However, it shields individual religions or groups by adding religious rights as fundamental rights. Thus, Articles 25 to 28 guarantee the right of freedom of religion only to the citizens of India.

Section 6(4) of the Hindu Succession Act, 1956 states that after the commencement of the Hindu Succession (Amendment) Act, 2005, no court shall recognise any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, grandfather or great-grandfather solely on the ground of the pious obligation under the Hindu law, of such son, grandson or great-grandson to discharge any such debt. Provided that in the case of any debt contracted before the commencement of the Hindu Succession (Amendment) Act, 2005, nothing contained in this sub-section shall affect- (a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or (b) any alienation made in respect of or in satisfaction of, any such debt, and any such right or alienation shall be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the Hindu Succession (Amendment) Act, 2005 had not been enacted.

Section 138 of the NI Act, 1881, deals with the punishment for dishonour of cheque. It reads as:
Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because the amount of money standing to the credit of that account is insufficient to honour the cheque or it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with both.

In the famous case of "Civil Liberties Union vs. Executive Secretary" under administrative law, Supreme Court has defined the term "ex-offico" which means by virtue of office i.e., an authority derived from official character merely, not expressly conferred upon the individual character, but rather annexed to official position.

The Parliamentary Commissioner Act 1967 is an Act of the Parliament of the United Kingdom. It established the office of the Parliamentary Commissioner for Administration (Parliamentary Ombudsman). The Ombudsman is responsible for investigating the administrative actions of central government departments and public authorities. The office is independent of the Government and the civil service.

Section 8 of the Hindu Adoption and Maintenance Act provides with the capacity of a Hindu female to adopt a child. It states that any Hindu female-
(a) who is of sound mind,
(b) who is not a minor, and
(c) who is not married, or if married, whose marriage has been dissolved or whose husband is dead or has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind, has the capacity to take a son or daughter in adoption.

Section 13 in the Hindu Marriage Act, 1955, provides that any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground mentioned under Section 13. Thus, only either party to the marriage can get the relief of nullity of the marriage in this mentioned case.

According to Section 11 of the Indian Evidence Act, facts not otherwise relevant are relevant:
(1) if they are inconsistent with any fact in issue or relevant fact;
(2) if by themselves or in connection with other facts they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.
In criminal proceedings, the plea of alibi is used as a form of defence by the accused against the commission of an alleged offence. When an accused makes this plea in a court, he or she attempts to prove that he or she was at some other place at the time the alleged offence was committed.

In the landmark case of Bhagwan Das v. Girdhari Lal and Co., the Supreme Court held that "in order to create a contract, acceptance of an offer and intimation of acceptance by some external manifestation which the law regards as sufficient is necessary".
The case was all about a dispute arisen as to whether the contract was formed at Khamgaon where acceptance was given by defendants or at Ahmedabad where acceptance was received by plaintiffs.

The concept of Corporate Social Responsibility (CSR) can be defined as a company's sense of responsibility towards the community and environment in which it operates. Companies can fulfil this responsibility through waste and pollution reduction processes, by contributing educational and social programs, by being environmentally friendly and by undertaking activities of similar nature. CSR is not charity or mere donation. Section 135 of the Companies Act provides for the CSR. Where the turnover of a company is INR 1000 crore or more, it is mandatory for the company to comply with the CSR.

Illegal partnership means that it is illegal by its constitution and objects; though it cannot sue, it can be sued so that the rights of a third person are not hampered or of those who entered into business with such partnership.

Section 19 of the Partnership Act provides all the 'implied authority' of partner as an agent of the firm which does not empower him to do certain things. Clause (d) of the said section does not include the withdrawal of a suit or proceeding by a partner filed on the firm's behalf as an implied authority of a partner in a firm.

Section 6 of the Hindu Minority and Guardianship Act defines who is a natural guardian of a minor.
The natural guardian of a Hindu minor, in respect of the minor's person, is-
● in the case of a boy or an unmarried girl - the father, and after him, the mother,
● in case of an illegitimate boy or an illegitimate unmarried girl - the mother, and after her, the father;
● in the case of a married girl - the husband.
Therefore, mother and father both are natural guardians depending on case to case.

71^st Law Commission Report talks about irretrievable breakdown of marriage as a ground for divorce.
The Law Commission of India in its 71^st report titled "The Hindu Marriage Act, 1955 - Irretrievable Breakdown of Marriage as a Ground for Divorce" recommended amendments in the Hindu Marriage Act to make irretrievable breakdown of marriage as a new ground for granting divorce among the Hindus after the Naveen Kohli v. Neelu Kohli case, in which the SC had also recommended such a ground to be added.

Section 25 in the Hindu Marriage Act, 1955, states that:
(1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent's own income and other property, if any, the income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.
(2) If the court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under Sub-Section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.
(3) If the court is satisfied that the party in whose favour an order has been made under this section has remarried or, if such party is the wife, that she has not remained chaste, or, if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in such manner as the court may deem just.

Section 34 of the Arbitration Act, 1996 states that the arbitral award awarded can be set aside upon an application to a court on proving certain facts.
The party making the application must furnish proof that:
(i) a party was under some incapacity, or
(ii) the arbitration agreement is not valid under the law to which the parties have subjected it, or
(iii) the party making the application was not given proper notice of the appointment of an arbitrator.
If the above points are proved, then the award can be set aside.

Necessity rule as to admissibility of evidence is provided in Section 32 of the Indian Evidence Act, 1872.
Presumption as to electronic agreements is contained in Section 85A of the Indian Evidence Act, 1872.
The doctrine of estoppel means restriction to make statement contrary to the earlier statement/admission.
Dying declaration under Section 32 is known as the rule of necessity.

Mortgage is a transaction where a mortgagor takes a loan from a mortgagee, against a security.
There are different types of mortgage, one being English Mortgage. In this type of mortgage, the mortgagor transfers the property absolutely to the mortgagee and with this, the mortgagor binds himself to repay the borrowed money before a certain date. Such transfer is subject to the condition that the mortgagee will retransfer the property on repayment before the agreed date.

All the partners of a partnership firm have the right to take part in the business conducted by the firm as a partnership business and their management powers are generally coextensive. The duties provided under Section 9 of the Act declare that partners are bound to carry on the business of the firm to the greatest common advantage, to be just and faithful to each other, and to render true accounts and full information of all things affecting the firm to any partner or his legal representative and Section 10 imposes a mandatory duty that every partner shall indemnify the firm for any loss caused to it by his fraud in the conduct of the business of the firm. Thus are the duties a partner can't evade from even by a contract.