Maharashtra Judicial Services Prelims Mock Test - 5 - Judiciary Exams MCQ

Section 113A in the Indian Evidence Act, 1872, deals with the presumption as to abetment of suicide by a married woman. It says that when the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the Court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband.

As per Art. 12, the State includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
A student union is not within the meaning of State under Art. 12 of the Constitution.

Sec. 326 CrPC deals with 'conviction or commitment on evidence partly recorded by one Magistrate and partly by another'. Clause (3) of this section says that 'nothing in this section applies to summary trials or to cases in which proceedings have been stayed under Section 322 or in which proceedings have been submitted to a superior Magistrate under Section 325'. The trial of offence of Section 138 NI Act is mandated summarily.
Hon'ble Apex Court in the case of Nitinbhai Saevatilal Shah & anr v. Manubhai Manjibhai Panchal & another, AIR 2011 SC 3076, did not find good in law where complaint for offence under Section 138 of the Act of 1881 was tried summarily, successor Magistrate appreciated the evidence recorded by his predecessor. The Apex Court held that even consent of the parties cannot give jurisdiction to the court to try case in ignorance of the provisions of law.
Therefore, after the transfer of Magistrate, trial of an offence under Section 138 of NI Act is to be conducted afresh by the new Magistrate.

The Law of Limitation only bars remedy, but does not extinguish the right. Law of limitation bars the remedy in a court of law only when the period of limitation has expired. But it does not extinguish the right. In other words, the right cannot be enforced by judicial process. If the claim is satisfied outside the court, it is not to be considered as illegal.

Section 8 of the Specific Relief Act of 1963 says that any person having the possession or control of a particular article of movable property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession. Hence, Section 8 cannot be invoked against the owner.

Governmental premises are excluded from application of this Act under Section 3.

The words 'permanent scar' used in the question are indicative of the fact that it is a permanent mark in the form of a scar on the face, which amounts to permanent disfiguration; therefore, it is a grievous hurt caused by a cutting object, i.e. a blade. In this regard, the Supreme Court in the case of Alister Anthony Pareira v. State of Maharashtra, AIR 2012 SC 3802, said that when a permanent scar is made on the face of the victim, it is not a simple injury but would be covered by the definition of grievous hurt, as defined under Section 320 IPC.
Therefore, it is clear that right answer would be 'grievous hurt by a sharp cutting object'.

Section 75 defines private document and Section 74 defines public document.
The following documents are public documents —
(1) Documents forming the acts, or records of the acts—
(i) of the sovereign authority,
(ii) of official bodies and tribunals, and
(iii) of public officers, legislative, judicial and executive, of any part of India or of the Commonwealth, or of a foreign country;
(2) Public records kept in any State of private documents.
Private documents are other than the public documents as mentioned under section 74 of the Act. Private document is created / prepared out of an agreement between the parties concerned and are kept in the custody of some private person.

Gift is defined in Section 122 of Transfer of Property Act,1882.
Gift is the transfer of certain existing movable or immovable property made voluntarily and without consideration by one person, called the donor, to another, called the donee, and accepted by or on behalf of the donee.

As per section 45 of the said act,
(1) The seller of goods is deemed to be an unpaid seller within the meaning of this Act:
(a) When the whole of the price has not been paid or tendered.
(b) When a bill of exchange or other negotiable instrument has been received as conditional payment, and the conditions on which it was received has not been fulfilled by reason of the dishonour of the instrument or otherwise.

Article 25 of the Constitution guarantees freedom of religion, but it is subject to public order, morality and health and to the other provisions of this part. All persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

Procedure in case of death of one of several defendants or of sole defendant' is provided under Order XXII Rule 4 of CPC.

The ratification comes into effect retrospectively. In other words, ratification has the effect of retrospectively granting the agent with authority to act on behalf of the principal. Prior to ratification, a contract is unenforceable against a third party.

The Sale of Goods Act, 1930, came into force on 1^st July, 1930.

Section 58(b) in the Transfer of Property Act, 1881 defines simple mortgage. Where, without delivering possession of the mortgaged property, the mortgagor binds himself personally to pay the mortgage-money, and agrees, expressly or impliedly, that, in the event of his failing to pay according to his contract, the mortgagee shall have a right to cause the mortgaged property to be sold and the proceeds of sale to be applied, so far as may be necessary, in payment of the mortgage-money, the transaction is called a simple mortgage and the mortgagee a simple mortgagee.

Section 178 of the Code of Criminal Procedure deals with the place of inquiry or trial.
According to the section:
(a) when it is uncertain in which of several local areas an offence was committed, or
(b) where an offence is committed partly in one local area and partly in another, or
(c) where an offence is a continuing one, and continues to be committed in more local areas than one, or
(d) where it consists of several acts done in different local areas,
it may be inquired into or tried by a Court having jurisdiction over any of such local areas.

Section 72 of the Transfer of Property Act deals with the rights of mortgagee in possession. According to the section, a mortgagee may spend such money as is necessary

• for the preservation of the mortgaged property from destruction, forfeiture or sale;
• for supporting the mortgagor's title to the property;
• for making his own title thereto good against the mortgagor; and
• when the mortgaged property is a renewable lease-hold, for the renewal of the lease;

and may, in the absence of a contract to the contrary, add such money to the principal money, at the rate of interest payable on the principal, and, where no such rate is fixed, at the rate of nine per cent per annum.

Section 41 of the Specific Relief Act states that an injunction cannot be granted—
(a) to restrain any person from prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought, unless such restraint is necessary to prevent a multiplicity of proceedings;
(b) to restrain any person from instituting or prosecuting any proceeding in a court not subordinate to that from which the injunction is sought;
(c) to restrain any person from applying to any legislative body;
(d) to restrain any person from instituting or prosecuting any proceeding in a criminal matter;
(e) to prevent the breach of a contract the performance of which would not be specifically enforced;
(f) to prevent, on the ground of nuisance, an act of which it is not reasonably clear that it will be a nuisance;
(g) to prevent a continuing breach in which the plaintiff has acquiesced;
(h) when equally efficacious relief can certainly be obtained by any other usual mode of proceeding except in case of breach of trust;
(ha) if it would impede or delay the progress or completion of any infrastructure project or interfere with the continued provision of relevant facility related thereto or services being the subject matter of such project.
(i) when the conduct of the plaintiff or his agents has been such as to disentitle him to be the assistance of the court;
(j) when the plaintiff has no personal interest in the matter.

Section 21 of the Limitation Act states the effect of substituting or adding new plaintiff or defendant. According to the section, where after the institution of a suit, a new plaintiff or defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party:
Provided that where the court is satisfied that the omission to include a new plaintiff or defendant was due to a mistake made in good faith it may direct that the suit as regards such plaintiff or defendant shall be deemed to have been instituted on any earlier date.
Nothing in sub-section (1) shall apply to a case where a party is added or substituted owing to assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff.

Section 165 of the Indian Evidence Act provides for Judge's power to put questions or order production. According to the section, 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.

The proposal or offer is the starting point. An offer is a proposal by one party to another to enter into a legally binding agreement with him. The person making the offer who makes the proposal is generally called the 'offeror', proposer, or promisor and the person to whom it is made is called the offeree or proposee.

Section 499 of the IPC defines defamation. According to this section, any person who makes or publishes any false imputation or allegation relating to any person, by words either spoken or written or by signs or visible representations, is said to defame that person. However, it must be done to harm the reputation of such a person against whom the imputation has been made. Along with the definition of defamation, section 499 also contains some circumstances under which the false statement made against another person do not amount to defamation. The following circumstances are exceptions to defamation:
1. Imputation of truth which public good requires to be made or published
2. Public conduct of a public servant
3. Conduct of any person approaching any public question
4. Publication of reports of proceedings of courts
5. Merits of a case decided in court or conduct of witnesses and other related to the case
6. Merits of public performance
7. Censure passed in good faith by a person having lawful authority over another
8. Accusation desired in good faith to authorised person
9. Imputation made in good faith by a person for the protection of his or others interests
10. Caution intended for the good of a person to whom conveyed or the public good

Where in a suit by the plaintiff for recovery of money, the defendant finds that he also has a claim of some amount against the plaintiff, he can claim a set-off in respect of the said amount. This right of the defendant to claim set-off has been recognised under Order VIII Rule 6 of CPC. When a defendant claims set-off, he is put in the position of the plaintiff as regards the amount claimed by him. Where the plaintiff doesn't appear and his suit is dismissed or he withdraws, it does not affect the claim for a set-off by the defendant and a decree may be passed in his favour if he is able to prove his claim.

According to section 2(d) in the Code of Criminal Procedure, "complaint" means any allegation made orally or in writing to a magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report.
Explanation to this clause further states that a report made by a police officer in a case which discloses, after investigation, the commission of a non- cognizable offence shall be deemed to be a complaint, and the police officer by whom such report is made shall be deemed to be the complainant.

According to Section 315(1) of the CrPC, any person accused of an offence before a Criminal Court shall be a competent witness for the defence and may give evidence on oath in disproof of the charges made against him or any person charged together with him at the same trial:
Provided that—
(a) he shall not be called as a witness except on his own request in writing;
(b) his failure to give evidence shall not be made the subject of any comment by any of the parties or the Court or give rise to any presumption against himself or any person charged together with him at the same trial.

Order XII Rule 6 of the CPC provides for judgement on admissions. Rule 6 reads as:
(1) Where admissions of fact have been made either in the pleading or otherwise, whether orally or in writing, the Court may at any stage of the suit, either on the application of any party or of its own motion and without waiting for the determination of any other question between the parties, make such order or give such judgement as it may think fit, having regard to such admissions.
(2) Whenever a judgement is pronounced under sub-rule (1), a decree shall be drawn up in accordance with the judgement and the decree shall bear the date on which the judgement was pronounced.

As per Section 29(2) of the Cr.P.C., the court of a magistrate of the first class may pass a sentence of imprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees, or of both.

The provision for condonation of delay is given in Section 5 of the Limitation Act, 1963. This provision allows the court to admit an appeal or an application even if it is filed after the prescribed period of limitation has expired, provided the appellant or applicant satisfies the court that he had sufficient cause for not filing the appeal or application within the prescribed period.

Section 75 of the Code of Civil Procedure, 1908 provides that a court may issue a commission:

• to examine any person;
• to make a local investigation;
• to examine or adjust accounts;
• to make a partition;
• to hold a scientific, technical, or expert investigation;
• to conduct sale of property which is subject to speedy and natural decay and which is in the custody of the court pending the determination of the suit;
• to perform any ministerial act.

Thus, option 4 is the correct answer.

According to Section 2(a) of the Indian Contract Act, when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal.
In contract law, a proposal is also known as an offer. It is a communication by one party, known as the offeror, to another party, known as the offeree, indicating the offeror's willingness to enter into a contract on certain terms. The offer must be clear, definite, and communicated to the offeree.