Maharashtra Judicial Services Prelims Mock Test - 3 - Judiciary Exams MCQ

The Constitution Bench in Sodan Singh & Others v. New Delhi Municipal Committee & Others, held that the right to carry on trade or business mentioned in Article 19(1)(g) of the Constitution on street pavements, if properly regulated, could not be denied on the ground that the street pavements were meant exclusively for pedestrians and could not be put to any other use. Thus, right to trade on pavements is a fundamental right.
So, option 4 is correct.

The period of limitation for taking cognisance of offences is laid down in Section 468 of CrPC and it is as under:

1. Period of limitation is 6 months for offences punishable with fine only.
2. Period of limitation is 1 year for offences punishable with imprisonment for a term not exceeding 1 year.
3. Period of limitation is 3 years for offences punishable with imprisonment for a term exceeding 1 year but not exceeding 3 years.
4. There is no period of limitation for offences which are punishable with imprisonment exceeding 3 years or which are punishable with death penalty.

In a partnership, a partner may retire:
1. With the consent of all the partners,
2. In accordance with an express agreement by the partners, or
3. The partnership is at will, by giving notice in writing to all the other partners of his intention to retire

The first three options are covered by sub-sections (4), (5) and (6) of Section 100 CrPC. There is no provision requiring mandatory presence or signatures of an accused on the search list of a 'closed place' and also, it is not necessary that the accused be present while the search is being carried out.

Transfer by one co-owner is provided in Section 44 of Transfer of Property Act,1882. The section states: Where one of two or more co-owners of immoveable property legally competent in that behalf transfers his share of such property or any interest therein, the transferee acquires as to such share or interest, and so far as is necessary to give, effect to the transfer, the transferor's right to joint possession or other common or part enjoyment of the property, and to enforce a partition of the same, but subject to the conditions and liabilities affecting at the date of the transfer, the share or interest so transferred. Where the transferee of a share of a dwelling-house belonging to an undivided family is not a member of the family, nothing in this section shall be deemed to entitle him to joint possession or other common or part enjoyment of the house.

Section 27 of the Specific Relief Act deals with situations when rescission may be adjudged or refused. Section 27 states:
Any person interested in a contract may sue to have it rescinded, and such rescission may be adjudged by the court in any of the following cases, namely:—
(a) where the contract is voidable or terminable by the plaintiff;
(b) where the contract is unlawful for causes not apparent on its face and the defendant is more to blame than the plaintiff.

Section 92 of IPC Act done in good faith for benefit of a person without con­sent — Nothing is an offence by reason of any harm which it may cause to a person for whose benefit it is done in good faith, even without that person's consent, if the circumstances are such that it is impossible for that person to signify consent, or if that person is incapable of giving consent, and has no guardian or other person in lawful charge of him from whom it is possible to obtain consent in time for the thing to be done with benefit.
The question is based on illustration (b) of Section 92 of IPC.
Hence, A is guilty of no offence.

Order VII Rule 11 of CPC deals with rejection of plaint and it mandates the rejection of the whole plaint.
According to Order XI Rule 11, following are the provisions:
Rejection of plaint-
The plaint shall be rejected in the cases:
(a) where it does not disclose a cause of action;
(b) where the relief claimed is undervalued, and the plaintiff, on being required by the Court to correct the valuation within a time to be fixed by the Court, fails to do so;
(c) where the relief claimed is properly valued, but the plaint is returned upon paper insufficiently stamped, and the plaintiff, on being required by the Court to supply the requisite stamp-paper within a time to be fixed by the Court, fails to do so;
(d) where the suit appears from the statement in the plaint to be barred by any law.
Thus, the whole of the plaint is to be rejected.

Sec. 6(1) of the Limitation Act says, ''Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified therefore in the third column of the Schedule.''

Section 38 in the Specific Relief Act, 1963, deals with perpetual injunction when granted.
(1) Subject to the other provisions contained in or referred to by this Chapter, a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication.
(2) When any such obligation arises from contract, the court shall be guided by the rules and provisions contained in Chapter II.
(3) When the defendant invades or threatens to invade the plaintiff's right to, or enjoyment of, property, the court may grant a perpetual injunction in the following cases, namely:—
(a) where the defendant is trustee of the property for the plaintiff;
(b) where there exists no standard for ascertaining the actual damage caused, or likely to be caused, by the invasion;
(c) where the invasion is such that compensation in money would not afford adequate relief;
(d) where the injunction is necessary to prevent a multiplicity of judicial proceedings.

In Royal British Bank v. Turquand, 6 E & B 327, it was held that people transacting with companies are entitled to assume that internal company rules are complied with, even if they are not.
This is the famous case of company law and it enunciated the principle of indoor management.

When the buyer of goods becomes insolvent, the unpaid seller who has parted with the possession of the goods has the right of stopping them in transit, that is to say, he may resume possession of the goods as long as they are in the course of transit and may retain them until payment or tender of the price.

As per Section 4 of the Partnership Act, 'partnership' is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all.
Thus, it is evident that sharing of profits among partners is the deciding factor.

Chapter XVI deals with 'offences affecting the human body' from Section 299 to 377.

Article 236(b) of the Constitution of India defines the term "judicial service" as follows:
"The expression "judicial service" means a service consisting exclusively of persons intended to fill the post of district judge and other civil judicial posts inferior to the post of district judge."
Therefore, the judicial service includes all civil judicial posts, from the lowest (such as Munsif or Civil Judge (Junior Division)) to the highest (District Judge). The other options are incorrect.

Section 2 of the Limitation Act contains definitions of various terms used in the Act. Section 2(j) of the Act defines prescribed period as the period of limitation computed in accordance with the provisions of this Act.

The words 'except the State of Jammu and Kashmir' were omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). Therefore, the Limitation Act now extends to the whole of India.

When a plaintiff withdraws a suit with the liberty to institute a fresh suit, it means that the plaintiff is allowed to file a new lawsuit on the same matter at a later date. However, the plaintiff has to initiate the new lawsuit within the limitation period that is applicable to the specific case, starting from the date on which the court grants them the liberty to file the fresh suit.
For example, if the limitation period for the type of case is three years, and the plaintiff is granted the liberty to file a fresh suit on a certain date, they must start their new lawsuit within three years from that specific date. This is to ensure that the plaintiff does not unduly delay the legal process by withdrawing and re-initiating lawsuits while complying with the relevant statutory limitations.
This is in conformity with the provision contained in Order XXIII Rule 2 of the Code of Civil Procedure which states that in any fresh suit instituted on permission granted, the plaintiff shall be bound by the law of limitation in the same manner as if the first suit had not been instituted.
Therefore, option 2 is the answer.

Article 56 of the Constitution of India deals with the term of office of President. According to the Article,
(1) The President shall hold office for a term of five years from the date on which he enters upon his office:
Provided that—
(a) the President may, by writing under his hand addressed to the Vice-President, resign his office;
(b) the President may, for violation of the Constitution, be removed from office by impeachment in the manner provided in Article 61;
(c) the President shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
(2) Any resignation addressed to the Vice-President under clause (a) of the proviso to clause (1) shall forthwith be communicated by him to the Speaker of the House of the People.

Section 35 of the Specific Relief Act deals with the effect of declaration. It is expressly stated in the section that a declaration made under this Chapter is binding only on the parties to the suit, persons claiming through them respectively, and, where any of the parties are trustees, on the persons for whom, if in existence at the date of the declaration, such parties would be trustees.

Section 59 of the Sale of Goods Act provides the remedy for breach of warranty.
(1) Where there is a breach of warranty by file seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods; but he may—
(a) set up against the seller the breach of warranty in diminution or extinction of the price; or
(b) sue the seller for damages for breach of warranty.
(2) The fact that a buyer has set up a breach of warranty in diminution or extinction of the price does not prevent him from suing for the same breach of warranty if he has suffered further damage.

Order XXXVII of Code of Civil Procedure deals with summary procedure. Rule 3 of this order deals with the procedure for the appearance of defendant. According to sub-rule 5, the defendant may, at any time within ten days from the service of such summons for judgement, by affidavit or otherwise disclosing such facts as may be deemed sufficient to entitle him to defend, apply on such summons for leave to defend such suit, and leave to defend may be granted to him unconditionally or upon such terms as may appear to the court or judge to be just.

Section 111 of the Transfer of Property Act provides for determination of lease. A lease of immovable property determines—
(a) by efflux of the time limited thereby;
(b) where such time is limited conditionally on the happening of some event—by the happening of such event;
(c) where the interest of the lessor in the property terminates on, or his power to dispose of the same extends only to, the happening of any event—by the happening of such event;
(d) in case the interests of the lessee and the lessor in the whole of the property become vested at the same time in one person in the same right;
(e) by express surrender; that is to say, in case the lessee yields up his interest under the lease to the lessor, by mutual agreement between them;
(f) by implied surrender;
(g) by forfeiture; that is to say, (1) in case the lessee breaks an express condition which provides that, on breach thereof, the lessor may re-enter; or (2) in case the lessee renounces his character as such by setting up a title in a third person or by claiming title in himself; or (3) the lessee is adjudicated an insolvent and the lease provides that the lessor may re-enter on the happening of such event; and in any of these cases the lessor or his transferee gives notice in writing to the lessee of his intention to determine the lease;
(h) on the expiration of a notice to determine the lease, or to quit, or of intention to quit, the property leased, duly given by one party to the other.

A case diary is a record of daily investigation into a case. Under the provision of Section 172 of the Criminal Procedure Code (CrPC), a police officer conducting the investigation is required to maintain a record of investigation done on each day in a particular case. A case diary is important to record the investigation carried out by an investigating officer. A court can ask for the case diary as part of the trial. However, the case diary may not as such be used as evidence during the trial as it is used to aid the trial. The case diary contains details noted by the investigation officer and records the time at which the information reached the investigating officer, time when the investigation began and was closed, the place or places visited by the officer and a statement of the facts and circumstances ascertained by the officer.

Section 133 of the Indian Evidence Act expressly states that an accomplice shall be a competent witness as against the accused person and a conviction of the accused based on the testimony of an accomplice is valid even though it is not corroborated in material particulars.

Order XXI Rule 72 expressly states that no holder of a decree in execution of which property is sold shall, without the express permission of the Court, bid for or purchase the property.

According to Section 44(1) of the Cr.P.C., when any offence is committed in the presence of a magistrate, whether executive or judicial, within his local jurisdiction, he may himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein contained as to bail, commit the offender to custody.

Section 20 of the Specific Relief Act empowers the court to direct the party in breach of a contract to perform the contract specifically, or to direct that the contract be performed by a third party or through an agency appointed by the court, at the cost of the defaulting party. This is referred to as substituted performance of the contract, and it is a discretionary power of the court that is exercised in appropriate cases where specific performance is not possible or where it would not be just and equitable to grant specific performance. Therefore, the correct answer is option 3.

According to Section 11 of the Indian Contract Act, 1872, every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind and is not disqualified from contracting by any law to which he is subject. Thus, a person who is a minor, of unsound mind, or disqualified by any law from contracting cannot enter into a contract.

Section 6 of the Transfer of Property Act states what may be transferred. According to the section:
(a) The chance of an heir-apparent succeeding to an estate, the chance of a relation obtaining a legacy on the death of a kinsman, or any other mere possibility of a like nature, cannot be transferred.
(b) A mere right of re-entry for breach of a condition subsequent cannot be transferred to any one except the owner of the property affected thereby.
(c) An easement cannot be transferred apart from the dominant heritage.
(d) An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him.
(dd) A right to future maintenance, in whatsoever manner arising, secured or determined, cannot be transferred.
(e) A mere right to sue cannot be transferred.
(f) A public office cannot be transferred, nor can the salary of a public officer, whether before or after it has become payable.
(g) Stipends allowed to military, naval, air-force and civil pensioners of the Government and political pensions cannot be transferred.
Thus, option 3 is the answer.