Maharashtra Judicial Services Prelims Mock Test - 6 - Judiciary Exams MCQ

Bombay High Court in Hargovind Gangabisan Bajaj v. State of Maharashtra, 1985 (2) BomCR 759, held that there is no bar of limitation for taking cognisance under Section 409 (Criminal breach of trust by public servant, or by banker, merchant or agent) of the Indian Penal Code.

Legal Provisions of Section 113 of Code of Civil Procedure, 1908, India, deals with the reference to High Court. It says that: Subject to such conditions and limitations as may be prescribed, any court may state a case and refer the same for the opinion of the High Court and the High Court may make such order thereon as it thinks fit. The object of S. 113 is to enable the subordinate court to obtain, in non-appealable cases, the opinion of the High Court in advance on a question of law and thereby avoiding the commission of an error which could not be remedied later on.

Article 124 of the Indian Limitation Act states that for a review of judgment by a court other than the Supreme Court, from the date of decree or order, the limitation period is thirty days.

Section 47A of Indian Evidence Act, 1872 states that when the Court has to form an opinion as to the electronic signature of any person, the opinion of certifying authority, which has issued the electronic signature certificate, is a relevant fact.

Saving Clause 29 (3) of Indian Limitation Act, 1963 says that as otherwise provided in any law for the time being in force with respect to marriage and divorce, nothing in this Act shall apply to any suit or other proceeding under any such law. This implies that it does not apply to Indian Divorce Act.

As per section 49 of the Sale of Goods Act,
The unpaid seller of goods losses his lien thereon -
(a) when he delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer without reserving the right of disposal of the goods.
(b) when the buyer or his agent lawfully obtains possession of the goods,
(c) by waiver thereof.

Audi alteram partem (or audiatur et altera pars) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". It is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to respond to the evidence against them.

The complaint, in the light of Section 2 (d), is given to the Magistrate. It says that "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.

As per Order IX Rule 4 of CPC, where a suit is dismissed under Rule 2 or Rule 3, the plaintiff may (subject to the law of limitation) bring a fresh suit, or he may apply for an order to set the dismissal aside, and if he satisfies the Court that there was sufficient cause for such failure as is referred to in Rule 2, or for his non- appearance, as the case may be, the Court shall make an order setting aside the dismissal and shall appoint a day for proceeding with the suit

As per section 80 (a) CPC, notice in the case of a suit against the Central Government, except where it relates to a railway, has to be given to the Secretary of the Government.

Section 27 of Limitation Act, 1963 deals with extinguishment of right to property. It says, "At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished.''

Section 220 of the Indian Contract Act deals with agents not entitled to remuneration for business misconduct. It states that an agent who is guilty of misconduct in the business of the agency, is not entitled to any remuneration in respect of that part of the business which he has misconducted.

Actionable claim is defined under section 3 of the Transfer of Property Act 1882. According to section 3 of the transfer of property Act, actionable claim means, a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of movable property, or to any beneficial interest in movable property not in the possession, either actual or constructive, of the claimant, which the civil courts recognise as affording grounds for relief, whether such debt or beneficial interest be existent, accruing confidential or contingent.
Actionable claims are recognised by the court of law in order to provide with relief in reference to unsecured debt or beneficial interest in movable property.

Section 73A of the Indian Evidence Act deals with proof as to verification of digital signature. According to the section, in order to ascertain whether a digital signature is that of the person by whom it purports to have been affixed, the Court may direct––
(a) that person or the Controller or the Certifying Authority to produce the Digital Signature Certificate;
(b) any other person to apply the public key listed in the Digital Signature Certificate and verify the digital signature purported to have been affixed by that person.

Section 86 of the Indian Penal Code states that in cases where an act done is not an offence unless done with a particular knowledge or intent, a person who does the act in a state of intoxication shall be liable to be dealt with as if he had the same knowledge as he would have had if he had not been intoxicated, unless the thing which intoxicated him was administered to him without his knowledge or against his will. Thus, in the given case, A's intoxication is not a defence, and he will be held accountable as if he was not intoxicated.

Section 436-A of the Code of Criminal Procedure states the maximum period for which an under trial prisoner can be detained. According to the section, where a person has, during the period of investigation, inquiry or trial under this Code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the punishments under that law) undergone detention for a period extending up to one-half of the maximum period of imprisonment specified for that offence under that law, he shall be released by the Court on his personal bond with or without sureties;
Provided that the Court may, after hearing the Public Prosecutor and for reasons to be recorded by it in writing, order the continued detention of such person for a period longer than one-half of the said period or release him on bail instead of the personal bond with or without sureties;
Provided further that no such person shall in any case be detained during the period of investigation inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law.

Article 22 of the Constitution of India provides for protection against arrest and detention in certain cases. Article 22(2) specifically states that every person who is arrested and detained in custody shall be produced before the nearest Magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the Magistrate and no such person shall be detained in custody beyond the said period without the authority of a Magistrate.

According to section 121 of the Indian Evidence Act, no Judge or Magistrate shall, except upon the special order of some court to which he is subordinate, be compelled to answer any questions as to his own conduct in court as such Judge or Magistrate, or as to anything which came to his knowledge in court as such Judge or Magistrate; but he may be examined as to other matters which occurred in his presence whilst he was so acting.

Article 24 of the constitution of India deals with the prohibition of employment of children in factories etc. According to the Article, children below the age of fourteen years should not be employed to work in any factory or mine or engaged in any other hazardous occupation. This Article is for the welfare of the children and ensures a safe and healthy life for the children. It ensures to protect children from child labour and safeguards children's rights.

Section 11 of the Sale of Goods Act deals with stipulations as to time. According to the provision, unless a different intention appears from the terms of the contract, stipulations as to time of payment arc not deemed to be of the essence of a contract of sale. Whether any other stipulation as to time is of the essence of the contract or not depends on the terms of the contract.

Section 105 of the Transfer of Property Act defines lease. A lease of immovable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms.

Section 99 of the Indian Evidence Act expressly states that persons who are not parties to a document, or their representatives in interest, may give evidence of any facts tending to show a contemporaneous agreement varying the terms of the document.

Under Section 161 of the Code of Criminal Procedure, the Investigating Officer is empowered to examine orally any person (including a suspect) who is supposed to be acquainted with the facts and circumstances of the case, and he may reduce into writing the statement of each such person and when he does so, he shall make a separate record of the statement of each such person whose statement he records. The person so questioned shall be bound to answer all questions relating to such a case put to him, other than questions, the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

In Indian law, a person is presumed to be dead if he or she is not heard of for a continuous period of seven years, according to Section 108 of the Indian Evidence Act, 1872. This provision outlines the circumstances under which a person can be presumed dead for legal purposes. If a person is not seen or heard of for seven years by those who would naturally have heard of him if he were alive, he or she may be legally presumed to be dead.

Unlawful assembly has been defined under section 141 of IPC.
According to the section, an assembly of five or more persons is designated an "unlawful assembly", if the common object of the persons composing that assembly is—

• To overawe by criminal force, or show of criminal force, the Central or any State Government or Parliament or the Legislature of any State, or any public servant in the exercise of the lawful power of such public servant; or
• To resist the execution of any law, or of any legal process; or
• To commit any mischief or criminal trespass, or other offence; or
• By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or
• By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.

Explanation—An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.

Place of suing in CPC refers to where a lawsuit or legal action should be initiated or filed. It specifies the jurisdiction and venue where the case should be brought before a court. It is addressed in sections 15-21 of the Code of Civil Procedure. Section 15 of the Code states that every lawsuit should be initiated in the court of the lowest grade with the competence to handle it. This requirement aims to prevent overburdening of higher courts. While a judgment passed by a higher-grade court remains valid, a decree passed by an incompetent court would be considered void.

Order V Rule 9A of the CPC deals with the provision relating to summons given to the plaintiff for service. The rule reads as follows:
(1) The Court may, in addition to the service of summons under rule 9, on the application of the plaintiff for the issue of a summons for the appearance of the defendant, permit such plaintiff to effect service of such summons on such defendant and shall, in such a case, deliver the summons to such plaintiff for service.
(2) The service of such summons shall be effected by or on behalf of such plaintiff by delivering or tendering to the defendant personally a copy thereof signed by the Judge or such officer of the Court as he may appoint in this behalf and sealed with the seal of the Court or by such mode of service as is referred to in sub-rule (3) of rule 9.
(3) The provisions of rules 16 and 18 shall apply to a summons personally served under this rule as if the person effecting service were a serving officer.
(4) If such summons, when tendered, is refused or if the person served refuses to sign an acknowledgment of service or for any reason such summons cannot be served personally, the Court shall, on the application of the party, re-issue such summons to be served by the Court in the same manner as a summons to a defendant.

Fundamental Duties are given in Article 51A of the Constitution of India.
Article 51A was added to the Constitution by the 42^nd Amendment Act of 1976. It specifies the fundamental duties of citizens of India, which includes 11 duties that are aimed at promoting patriotism, upholding the unity and integrity of the nation, respecting its heritage, and contributing to its development.
Therefore, the correct option is 2.

Under Section 83(1) of Cr.P.C., the court issuing a proclamation under section 82 may, for reasons to be recorded in writing, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable, or both, belonging to the proclaimed person:
Provided that where at the time of the issue of the proclamation the court is satisfied, by affidavit or otherwise, that the person in relation to whom the proclamation is to be issued,—
(a) is about to dispose of the whole or any part of his property, or
(b) is about to remove the whole or any part of his property from the local jurisdiction of the court,
it may order the attachment simultaneously with the issue of the proclamation.

A court of record is a court whose acts and proceedings are enrolled for perennial memory and testimony. These records are used with a high authority and their truth cannot be contested. Article 129 of the Indian Constitution empowers the Supreme Court to be a court of record.