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Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Judiciary Exams MCQ


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30 Questions MCQ Test - Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law)

Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) for Judiciary Exams 2024 is part of Judiciary Exams preparation. The Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) questions and answers have been prepared according to the Judiciary Exams exam syllabus.The Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) MCQs are made for Judiciary Exams 2024 Exam. Find important definitions, questions, notes, meanings, examples, exercises, MCQs and online tests for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) below.
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Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 1
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Who made the observation that jurisprudence is lawyer's extraversion?

Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 1
Julius Stone stated that jurisprudence is a lawyer's extraversion. It is the lawyer's examination of the precepts, ideals and techniques of the law in the light derived from present knowledge in disciplines other than law.
John Austin had observed that the science of jurisprudence is concerned with positive law. It has nothing to do with the goodness or badness of law.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 2
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In which of the following cases it has been observed that Prime Minister and Chief Minister of the States are subject to the Doctrine of Constitutional Trust?

Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 2
In the case of Manoj Narula v. Union of India (2014), it has been observed that Prime Minister and Chief Minister of the States are subject to the Doctrine of Constitutional Trust.
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Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 3
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A witness in a criminal case was contradicted under Section 145 of Evidence Act with the statement of another witness made in the course of investigation. The procedure is

Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 3
Section 145 consists of two parts. According to the first part, a witness may be cross-examined as to previous statement made by him in writing or is reduced into writing without showing the writing to him or proving the same. Second part is intended to contradict him through cross-examination, where the previous statement is in writing. The object of the Section is either to test the memory of witness or to contradict him by previous statements in writing.
This Section applies to both civil and criminal cases. The Section has no application where the witness sought to be contradicted not by his own statement but by the statement of another witness. In the first part, there is only cross-examination. There is no rule of law that an earlier statement shall be treated as correct and the subsequent contrary statement shall be discarded.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 4
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A hurt which is not grievous under Section 320 of IPC is
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 4

Section 320 of IPC defines grievous hurt. It says that the following kinds of hurt only are desig­nated as grievous.
(First) - Emasculation.
(Secondly) - Permanent privation of the sight of either eye
(Thirdly) - Permanent privation of the hearing of either ear
(Fourthly) - Privation of any member or joint
(Fifthly) - Destruction or permanent impairing of the powers of any member or joint
(Sixthly) - Permanent disfiguration of the head or face
(Seventhly) - Fracture or dislocation of a bone or tooth
(Eighthly) - Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain or unable to follow his ordinary pursuits
Therefore, injury to head is not considered to be grievous hurt under Section 320 of IPC.

Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 5
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An executioner who executes the death penalty is protected from criminal liability under which Section of IPC?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 5
Section 78 of the Indian Penal Code deals with the act done pursuant to the judgment or order of Court. It says that nothing which is done in pursuance of, or which is warranted by the judgment or order of, a Court of Justice; if done whilst such judgment or order remains in force, is an offence, notwithstand­ing the Court may have had no jurisdiction to pass such judgment or order, provided the person doing the act in good faith be­lieves that the Court had such jurisdiction. Thus, under this Section, the executioner who executes the death penalty is protected from criminal liability.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 6
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Which of the following persons may not file an application for execution under Civil Procedure Code, 1908?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 6
An application for execution of a decree can be filed by the decree holder, legal representative if the decree holder is dead and by a person claiming under decree holder.
A judgement debtor cannot file an application for execution of a decree as he is having no interest in the decree to be executed. Thus, option 4 is the correct answer.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 7
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'Objections as to local or pecuniary jurisdiction shall be raised at the first opportunity'. This is the essence of ____ of CPC.
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 7

Section 21 of CPC deals with the objections to jurisdiction of court, and the local and pecuniary jurisdiction objections should be raised at the earliest possible opportunity. It says that:
(1) No objection as to the place of suing shall be allowed by any appellate or revisional court unless such objection was taken in the court of first instance at the earliest possible opportunity and in all cases where issues or settled at or before such settlement, and unless there has been a consequent failure of justice.
(2) No objection as to the competence of a court with reference to the pecuniary limits of its jurisdiction shall be allowed by any appellate or revisional court unless such objection was taken in the court of first instance at the earliest possible opportunity, and in all cases where issues are settled, at or before such settlement, and unless there has been a consequent failure of justice.
(3) No objection as to the competence of the executing court with reference to the local limits of its jurisdiction shall be allowed by any appellate or revisional court unless such objection was taken in the executing court at the earliest possible opportunity, and unless there has been a consequent failure of justice.
Therefore, the essence of Section 21 of CPC is to raise any objection with respect to pecuniary or local jurisdiction at the earliest possible opportunity.

Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 8
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A person accused of an offence before a Criminal Court can be called upon to give evidence on oath
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 8
Section 315(1)(a) of CrPC says that 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 he shall not be called as a witness except on his own request in writing.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 9
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Which of the following is not an essential element in the formation of a contract?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 9
Essentials of a valid contract under the provisions of Indian Contract Act are- offer, acceptance, intention to create legal relationship, lawful consideration and competent parties. Promise is not an essential element of a contract.
Thus, option 4 is the correct answer.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 10
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Section 74 of the Indian Contract Act, 1872 applies
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 10
Section 74 of the Indian Contract Act, 1872 applies, to cases where the aggrieved party is seeking to recover a fixed amount on breach of contract. Section 74 emphasises that in the case of breach of contract, the party complaining of the breach is entitled to receive reasonable compensation whether or not actual loss is proved to have been caused by such breach.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 11
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In 2019, who among the following approved the procurement of indigenous Software Defined Radio (SDR Tactical) and Next Generation Maritime Mobile Coastal Batteries (NGMMCB–Long Range) for Indian Navy?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 11
Defence Acquisition Council (DAC) approved the procurement of indigenous Software Defined Radio (SDR Tactical) and Next Generation Maritime Mobile Coastal Batteries (NGMMCB–Long Range) for Indian Navy. This was the first DAC meeting chaired by Defence Minister Rajnath Singh.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 12
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To which of the following do Sections 5 to 37 of the Transfer of Property Act, 1882 apply?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 12
Sections 5-37 come in chapter second of the Transfer of Property Act, 1882 under the heading 'Transfers of Property by Act of Parties'. The said provision deals with the transfer of both types of property, that is, movable and immovable.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 13
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Which of the alternatives makes the following statement true?
Admission of a party
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 13

Section 31 of the Indian Evidence Act states that admissions are not conclusive proof of the matters admitted, but they may operate as estoppels. An admission is not a consolidated proof, but it acts as an estoppel. Admissions are not conclusive and may be proved to be untrue or mistaken. Conclusive proof is defined in Section 4. When a fact is declared to be conclusive proof of another, a court cannot allow evidence to be given for the purpose of disproving the fact conclusively proved. Section 31 provides that an admission, unless it operates as an estoppel, is not conclusive. An admission, though not conclusive proof, raises a presumption that it is true until the contrary is shown.

Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 14
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The term 'good faith' is defined in the IPC under
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 14
Definition of 'good faith' under Section 52 of the Indian Penal Code reads: ''Nothing is said to be done or believed in 'good faith' which is done or believed without the due care and attention.''
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 15
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Under Section 198 of Cr.P.C., the court can take cognizance of any offence laid down under Sections 497 and 498 of the IPC on the complaint of
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 15
Sub-section 2 of the 198 reads: 'For the purposes of sub-section (1), no person other than the husband of the woman shall be deemed to be aggrieved by any offence punishable under Section 497 or section 498 of the said code: Provided that in the absence of the husband, some person who had care of the woman on his behalf at the time when such offence was committed may, with the leave of the court, make a complaint on his behalf. Therefore, under Section 198 of Cr.P.C., the court can take cognizance of any offence laid down under Sections 497 and 498 of the IPC on the complaint of the husband of the woman.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 16
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Under the Indian Penal Code, the offence of 'conspiracy' needs at least ____ persons.
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 16
As per the definition provided under Section 120A of the IPC, 1860, the offence of conspiracy requires al least two persons, since no one can conspire with oneself.
When two or more per​sons agree to do, or cause to be done, an illegal act, or an act which is not illegal by illegal means, such an agree​ment is designated a criminal conspiracy.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 17
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Under which section of the Indian Penal Code is the provision for the offence of abetment provided?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 17
Section 107 of the Indian Penal Code states that a person abets the doing of a thing, who—
(First)—Instigates any person to do that thing; or
(Secondly)—Engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or
(Thirdly)—Intentionally aids, by any act or illegal omission, the doing of that thing.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 18
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The concept of Judicial review was taken from
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 18
The Source of Judicial Review is the USA. Judicial review is defined as 'scrutiny of the decisions made by the legislature and executive, by the judiciary to check whether they are in consonance with constitutional values and ideals of equity, justice and good conscience. This prevents the decision making bodies to act against public welfare and restricts them from making laws for their own good.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 19
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Power of the Supreme Court to review its own judgements is provided under:
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 19
Article 137 of the Constitution empowers the Supreme Court to review its own judgements subject to the provisions of any law made by the Parliament or any rules made under Article 145 of the Constitution.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 20
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The doctrine of 'Lis pendens' is applicable:
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 20
The Doctrine of Lis Pendens provides that no fixed property can be transferred while an action relating to it is pending before a court of law. According to Section 52, in the Transfer of Property Act, during the pendency in any court having authority within the limits of India or established beyond such limits by the Central Government of any suit or proceedings which is not collusive and in which any right to immoveable property is directly and specifically in question, the property cannot be transferred or otherwise dealt with by any party to the suit or proceeding so as to affect the rights of any other party thereto under any decree or order which may be made therein, except under the authority of the court and on such terms as it may impose.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 21
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At what stage of a criminal case confession statement of a person under Section 164 of the Criminal Procedure Code could be recorded?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 21
Section 164 of the code of criminal procedure empowers a Magistrate to record confessions and statement. It provides that any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under Chapter 12 or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 22
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Which of the following Sections of the Criminal Procedure Code relates to release of offenders on probation of good conduct?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 22
Section 360 of Cr.P.C. is intended to be used to prevent young persons from being committed to jail, where they may associate with hardened criminals, who may lead them further along the path of crime, and to help even men of more mature years, who for the first time may have committed crimes. The Court may, instead of sentencing the accused at once to any punishment, direct that he shall be released on his entering into a bond, with or without sureties. Such a release is permissible only if the following conditions are satisfied:
*There is no previous conviction proved against the offender.
*When the person convicted is a woman of any age, or any male person under 21 years of age, and the offence of which he or she is convicted is not punishable with death or imprisonment for life.
*When the person convicted is not under 21 years of age, and the offence of which he is convicted is punishable with fine only or imprisonment for a term of seven years or less.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 23
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Which of the following is an offence under the Indian Penal Code but is neither against a human body nor property?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 23
Every citizen has been given freedom to speak and express their views under Article 19(1)(a) of the Indian Constitution. However, this freedom is not absolute and some reasonable restrictions have been imposed on freedom of speech and expression under Article 19(2). Sedition is when a person does an act by his words, signs or representation which is held to be contemptuous towards the Government of India, then such act is punishable under section 124-A of Indian Penal Code. Therefore, sedition is an offence against the State and not against a human body or a property.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 24
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A person is proving his defence under one of the following exceptions. State which of the following exceptions is correct?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 24
Where an accused person is called upon to prove that his case falls under an exception, law treats the onus as discharged, if the accused person succeeds in proving a preponderance of probability. As soon as the preponderance of probability is proved, the burden shifts to the prosecution which has still to discharge its original onus.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 25
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Under which Section of the Code of Criminal Procedure, 1973, may a District Magistrate or Sub-Divisional Magistrate prevent environmental pollution?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 25
Section 151 of the Code of Criminal Procedure states the provision of arrest to prevent the commission of cognizable offences.
Section 133 of the Code of Criminal Procedure states that a District Magistrate or Sub-Divisional Magistrate or any other Executive Magistrate specially empowered in this behalf by the State Government, may prevent environmental pollution.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 26
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The headquarters of the "World Intellectual Property Organisation" is located in:
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 26
"World Intellectual Property Organisation" (WIPO) is one of the 15 specialised agencies of the United Nations (UN).
WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organisations. It began operations on April 26, 1970, when the convention entered into force.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 27
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Doctrine of legitimate expectation and Wednesbury principles were read by Supreme Court into
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 27
The doctrine of 'Legitimate Expectations' is one among several tools incorporated by the Court to review administrative action. This doctrine pertains to the relationship between an individual and a public authority. According to this doctrine, the public authority can be made accountable in lieu of a 'legitimate expectation'. A person may have a reasonable or legitimate expectation of being treated in a certain way by the administrative authorities owing to some consistent practice in the past or an express promise made by the concerned authority. The doctrine's use has essentially been embedded into Article 14 of the Constitution and thus 'non-arbitrariness and unreasonableness' have been made the necessary qualifiers for assessing as to whether there was a denial of legitimate expectation or not. However when an administrative action is questioned as arbitrary the principle of secondary review based on Wednesbury principle applies.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 28
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In Carlill v. Catholic Smoke Ball Co. (1892) 2 QB 484, the court ruled
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 28
Under this case, a medical firm advertised that its new wonder drug, a smoke ball, would cure people's flu, and if it did not, buyers would receive £100. When sued, Carbolic argued the ad was not to be taken as a serious, legally binding offer. It was merely an invitation to treat, and a gimmick. But the court of appeal held that it would appear to a reasonable man that Carbolic had made a serious offer. People had given good consideration for it by going to the distinct inconvenience of using a faulty product. It was held that an offer need not be made to an ascertained person.
Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 29
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Legal termino 'Res nullius' is used for
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 29

Res nullius' literally means 'nobody's property, or a thing which has no owner'. If the owner of a property abandons his/her property, then that property is called res nullius. Such property is as much res nullius as a property that is ownerless. Res nullius is ownerless property and it can be owned by any person. The person who takes first possession of the res nullius is the owner of that property. Res nullius includes wild animals and abandoned property.

Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 30
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Which one of the following is not the essential element of a sale?
Detailed Solution for Uttar Pradesh Judicial Services Prelims Paper 2 Mock Test - 1 (Law) - Question 30

The essential elements of a sale are:
A. Seller and Buyer: There must be a transferor (seller) who transfers the property to the transferee (buyer).
B. Transfer of Ownership: There must be a transfer of ownership from the seller to the buyer. The transfer of possession alone does not amount to a sale.
C. Consideration: There must be a price paid or promised to be paid by the buyer to the seller for the transfer of ownership. Consideration is an essential element of a sale.
Therefore, option 2 (without consideration) is not an essential element of a sale.

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