99 questions · Correct answers · Bare act strategy · Step-by-step walkthroughs
Order XXXIII CPC deals with suits by indigent persons (pauper suits). An indigent person who cannot afford court fees can apply to sue without payment, subject to the court being satisfied about their financial inability.
Check the referenced provision in the relevant Act to verify the answer.
Section 5 of the Limitation Act allows condonation of delay only in filing appeals or applications — NOT suits. The applicant must show 'sufficient cause' for the delay. This is a crucial distinction frequently tested.
Limitation periods for filing suits vary by type of claim. The specific period depends on the nature of the suit as prescribed in the Schedule to the Limitation Act, 1963. Common periods: money recovery (3 years), immovable property (12 years).
Check the referenced provision in the relevant Act to verify the answer.
Under CPC, Order VII Rule 11 lists grounds for rejection of plaint: no cause of action, undervalued and not corrected, barred by limitation, not stamped properly, or filed in duplicate. Rejection is on face of plaint — no evidence needed.
Section 96 CPC provides for appeal from original decrees. A first appeal lies to the appellate court from every decree passed by a court exercising original jurisdiction, unless specifically barred by law.
Under the Specific Relief Act, specific performance (S.10) is an equitable remedy granted when monetary compensation is inadequate. The court exercises discretion — considering fairness of contract, hardship, and plaintiff's conduct.
Under the Indian Contract Act, acceptance must be communicated to be effective. Silence does not constitute acceptance. The acceptance must be absolute and unqualified — a conditional acceptance is a counter-offer.
Under the Sale of Goods Act, implied conditions protect buyers: seller's right to sell (S.14), correspondence with description (S.15), merchantable quality and fitness (S.16), and correspondence with sample (S.17).
Under the Transfer of Property Act, the doctrine of election (S.35) provides that a person who accepts a benefit under an instrument must also accept all its burdens. You cannot selectively accept advantages while rejecting obligations.
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Under the Negotiable Instruments Act, Section 138 makes dishonour of cheque for insufficient funds a criminal offence. Requirements: cheque for legally enforceable debt, dishonoured, demand notice issued, 15-day payment failure.
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Under the Constitution, fundamental rights (Part III, Articles 12-35) are enforceable against the state through writs under Articles 32 (SC) and 226 (HC). They protect individual liberty from state action.
Under Article 21, the right to life has been expansively interpreted to include: livelihood, shelter, health, education, privacy, dignity, speedy trial, legal aid, clean environment, and right to die with dignity.
Under Article 19(1), six freedoms are guaranteed to citizens: speech and expression, peaceful assembly, association/union, movement, residence, and profession/trade. Each has specific reasonable restriction grounds.
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Under the Constitution, directive principles (Part IV) guide state policy toward social and economic justice. Though non-justiciable, they are 'fundamental in the governance' and complement fundamental rights.
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Under the IPC, the distinction between murder (S.300) and culpable homicide not amounting to murder (S.299) depends on the degree of intention and probability of causing death. S.300 requires higher mens rea.
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Under IPC, the right of private defence (S.96-106) allows reasonable force to protect person or property. It extends to causing death in extreme situations listed in Sections 100 (body) and 103 (property).
Under IPC, criminal conspiracy (S.120A) is the mere agreement between two or more persons to do an illegal act or a legal act by illegal means. The agreement itself completes the offence — no overt act needed.
Under CrPC, the FIR (S.154) sets criminal law machinery in motion. The SHO must register it for cognizable offences. Delay in filing doesn't invalidate the FIR but must be satisfactorily explained.
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Under CrPC, bail provisions: bailable offences = bail as right (S.436), non-bailable = court's discretion (S.437), anticipatory bail = pre-arrest protection (S.438). The nature of the offence determines bail rights.
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Under CrPC, the Magistrate takes cognizance under S.190 upon: (a) complaint, (b) police report, or (c) own knowledge/information. Cognizance is the formal application of judicial mind to suspected offence.
Under the Evidence Act, confessions to police officers are barred (S.25), confessions in police custody are barred unless before a Magistrate (S.26), but information leading to discovery of facts is admissible (S.27).
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Under the Evidence Act, dying declarations (S.32(1)) are exceptions to hearsay. The statement must relate to cause of death or circumstances of the transaction resulting in death. No expectation of death is required.
Under the Evidence Act, burden of proof lies on the party who asserts (S.101). Presumptions can shift the burden. 'May presume' = discretionary; 'shall presume' = mandatory but rebuttable; 'conclusive' = irrebuttable.
Under the Hindu Marriage Act, conditions for valid marriage (S.5) include: no living spouse, mental fitness, minimum age (21/18), not within prohibited degrees, and not sapindas — unless custom permits.
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Under Muslim personal law, mahr (dower) is the wife's right — a sum promised by husband at marriage. Prompt mahr is payable immediately; deferred mahr becomes due on divorce or husband's death.
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Under Hindu Succession Act, coparcenary property devolves by survivorship under Mitakshara law. After the 2005 amendment, daughters have equal coparcenary rights as sons — they can demand partition.
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Under the Advocates Act, professional misconduct is dealt with by State Bar Council disciplinary committees (S.35). Punishments: reprimand, suspension, or removal from state roll. Appeal lies to BCI (S.37) then SC (S.38).
Under the Consumer Protection Act, three-tier redressal: District Commission (up to Rs. 1 crore), State Commission (Rs. 1-10 crore), National Commission (above Rs. 10 crore). Complaints must be filed within 2 years.
Under the Motor Vehicles Act, third-party insurance is mandatory (S.146). No-fault liability (S.140) ensures basic compensation for death/permanent disability regardless of fault — protecting all accident victims.
Under tort law, vicarious liability means one person is liable for another's tort. The most common form: employer liable for employee's torts committed during course of employment (respondeat superior).
Under the Factories Act, health, safety, and welfare of factory workers are regulated. Working hours: max 48/week, 9/day. Overtime at double rates. Canteen required for 250+ workers, welfare officer for 500+.
Under the Industrial Disputes Act, 'industrial dispute' (S.2(k)) covers disputes between employers-workmen, workmen-workmen, or employers-employers connected with employment, non-employment, or conditions of labour.
Under the IT Act, cyber offences include hacking (S.66), identity theft (S.66C), cheating by personation (S.66D), cyber terrorism (S.66F), and publishing obscene content (S.67). Digital signatures have legal validity.
Under the Companies Act, a company is a separate legal entity (Salomon v. Salomon). It can own property, sue/be sued, and has perpetual succession. The corporate veil can be lifted in fraud/sham situations.
Under the Income Tax Act, 'previous year' is the year income is earned; 'assessment year' is the following year when it's taxed. Residential status (R/NR/RNOR) determines scope of taxable income.
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Under the Land Acquisition Act, the government can acquire private land for public purpose. The LARR Act 2013 requires fair compensation (up to 4x market value in rural areas), rehabilitation, and consent of affected families.
Under the Environmental Protection Act, 1986, the Central Government can take measures to protect the environment — setting standards, restricting industries, handling hazardous substances, and imposing penalties.
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Under the Arbitration Act, arbitral proceedings are flexible — the tribunal is not bound by CPC or Evidence Act (S.19). Awards must be in writing, reasoned, and can be challenged under S.34 on limited grounds.
Check the referenced provision in the relevant Act to verify the answer.
Under CPC, inherent power (S.151) allows courts to make orders necessary for ends of justice or to prevent abuse of process. This residual power fills gaps where no specific provision exists.
Under the Transfer of Property Act, 'sale' (S.54) is transfer of ownership for price. Registration is mandatory for immovable property worth Rs. 100+. Delivery of tangible movable property completes sale.
Check the referenced provision in the relevant Act to verify the answer.
Under the Indian Contract Act, 'consideration' (S.2(d)) must move at the desire of the promisor. It can be past, present, or future. Consideration can flow from the promisee or any other person — unique to Indian law.
Under CPC, temporary injunction (Order XXXIX) requires three conditions: prima facie case, balance of convenience favouring applicant, and irreparable injury if injunction not granted. All three must be satisfied.
Under IPC, Section 498A deals with cruelty by husband or his relatives against a married woman. It is cognizable, non-bailable, and non-compoundable. The SC in Arnesh Kumar directed guidelines against misuse.
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Under the Evidence Act, 'document' (S.3) includes any matter expressed on any substance by letters, figures, or marks — extremely broad, covering writing, photographs, maps, electronic records, and inscriptions.
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Under CrPC, Section 313 requires the court to examine the accused after prosecution evidence. The accused must explain incriminating circumstances. Failure to explain can be used as additional evidence against them.
Under the Constitution, Article 32 is a fundamental right itself — the right to approach the SC for enforcement of fundamental rights through writs. Ambedkar called it the 'heart and soul of the Constitution.'
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Under the Specific Relief Act, declaratory decree (S.34) declares legal status or right to property without granting consequential relief. The plaintiff must have a subsisting legal character or right.
Under the Hindu Marriage Act, judicial separation (S.10) allows separation without dissolving marriage. After one year of judicial separation, either party can seek divorce — this is a cooling-off period.
Under the Indian Partnership Act, partnership is based on mutual agency — each partner is an agent of the firm and can bind all partners by acts done in ordinary course of business.
Under the Negotiable Instruments Act, the three negotiable instruments are: promissory note (S.4), bill of exchange (S.5), and cheque (S.6). Each has specific formal requirements for validity.
Under the Constitution, the Preamble secures justice (social, economic, political), liberty (thought, expression, belief, faith, worship), equality (status, opportunity), and fraternity (dignity, unity).
Under CPC, res judicata (S.11) bars relitigation of decided matters between same parties. Five conditions: same parties, same matter, competent court, decided on merits, final decision.
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Under the Evidence Act, electronic records are admissible under S.65B with a mandatory certificate. The Anvar P.V. case (2014) settled that the S.65B certificate is an indispensable condition.
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Under the Transfer of Property Act, 'mortgage' (S.58) is transfer of interest in immovable property to secure a loan. Six types: simple, by conditional sale, usufructuary, English, equitable (deposit of title deeds), and anomalous.
Under CrPC, different courts have different sentencing powers. Sessions Court = any sentence including death. CJM = up to 7 years. JMFC = up to 3 years. JMSC = up to 1 year.
Under the Constitution, Article 14 guarantees equality before law (no special privilege) and equal protection of laws (similar treatment for similar persons). Reasonable classification is permitted.
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Under the Sale of Goods Act, 'caveat emptor' (buyer beware) is the general rule. Exceptions: fitness for purpose, merchantable quality, sale by description, sale by sample, and usage of trade.
Check the referenced provision in the relevant Act to verify the answer.
Under the Indian Contract Act, 'fraud' (S.17) vitiates consent. It includes: false representation of fact, active concealment, promise without intent to perform, any deceptive act, and acts declared fraudulent by law.
Under IPC, 'theft' (S.378) requires dishonest intention, movable property, moving out of possession without consent. 'Robbery' adds use of force or fear. 'Dacoity' is robbery by 5+ persons.
Under the Companies Act, directors owe fiduciary duties: act in good faith, avoid conflicts of interest, not make secret profits, exercise care and diligence. They are agents and trustees of the company.
Under CPC, Order XXI governs execution of decrees. Methods: attachment and sale of property, arrest and detention of judgment-debtor, delivery of specific property, appointment of receiver.
Under the Hindu Adoption and Maintenance Act, only Hindus can adopt Hindus. Conditions: child must be Hindu, unmarried, under 15, and not already adopted. Male adopting female must be 21+ years older.
Under CrPC, Section 125 provides secular maintenance for wife, children, and parents unable to maintain themselves. It applies regardless of religion — all communities can claim under this criminal remedy.
Under the Evidence Act, 'admission' (S.17) is a statement suggesting an inference about a fact in issue. Admissions are not conclusive (S.31) but may operate as estoppel. They are substantive evidence.
Under the Constitution, separation of powers divides government into legislature (makes law), executive (implements), and judiciary (interprets). Though not absolute in India, checks and balances operate.
Under the Limitation Act, every suit/appeal must be filed within the prescribed period. Time runs from when cause of action arises. Section 5 allows condonation of delay in appeals/applications (not suits).
Under the Environmental Protection Act, the precautionary principle requires preventive measures when scientific uncertainty exists about environmental harm. The burden shifts to the developer to prove safety.
Under administrative law, natural justice requires: nemo judex in causa sua (no bias) and audi alteram partem (hear both sides). These apply to all judicial, quasi-judicial, and administrative decisions.
Negotiation is the most informal ADR method where parties themselves communicate directly to resolve disputes, bargain for advantage, and craft mutually beneficial outcomes — without any third-party intervention.
Under the Transfer of Property Act, 'vested interest' (S.19) creates an immediate right to present or future enjoyment. It transfers to heirs on death. 'Contingent interest' (S.21) depends on an uncertain event.
Under the Motor Vehicles Act, claims tribunals (MACT) adjudicate motor accident compensation. The multiplier method considers: annual income, age, dependency, and future prospects for calculating compensation.
Under CPC, Section 100 allows second appeal to the High Court only on 'substantial questions of law.' No second appeal on pure questions of fact. The HC must frame the substantial question before hearing.
Check the referenced provision in the relevant Act to verify the answer.
Under the Copyright Act, protection lasts for author's lifetime plus 60 years. For photographs, films, and sound recordings, the term is 60 years from publication. Registration is not mandatory but advisable.
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Under the Indian Contract Act, 'coercion' (S.15) means committing or threatening to commit acts forbidden by IPC, or unlawful detention of property. A contract induced by coercion is voidable.
Under the IPC, Section 34 (common intention) creates constructive liability — each person acting in furtherance of common intention is liable as if they alone did the act. Prior concert must exist.
Under the Constitution, emergency provisions: national emergency (Art.352) suspends Art.19 rights; President's rule (Art.356) suspends state government; financial emergency (Art.360) allows salary reduction.
Check the referenced provision in the relevant Act to verify the answer.
Under the Hindu Succession Act, a Hindu female's property devolves per S.15-16. Property from parents goes back to parent's heirs; property from husband goes to husband's heirs — the 'source' determines succession.
A reference under Section 113 CPC allows subordinate courts to seek the High Court's opinion on questions of law in non-appealable cases. Since no appeal lies, a reference is the only way to get judicial guidance and avoid irreversible legal errors.
Under the Evidence Act, leading questions (S.141) suggest their own answer. Prohibited in examination-in-chief (S.142) but freely allowed in cross-examination (S.143). Court may permit in chief for introductory matters.
Under the Indian Contract Act, 'undue influence' (S.16) exists when one party dominates the other's will. Fiduciary relationships (doctor-patient, parent-child, guru-disciple) create presumption of undue influence.
Under the Constitution, PIL relaxes locus standi — any public-spirited citizen can approach the court for enforcement of rights of disadvantaged persons. PIL can be filed under Art.32 (SC) or Art.226 (HC).
Check the referenced provision in the relevant Act to verify the answer.
Under the Transfer of Property Act, 'gift' (S.122) is voluntary transfer without consideration. Immovable: registered instrument required. Movable: delivery sufficient. Donee's acceptance is essential.
Under the Factories Act, 'factory' means premises with 10+ workers (with power) or 20+ workers (without power) in manufacturing. The Act regulates working conditions, hours, safety, and welfare.
Under the Industrial Disputes Act, 'retrenchment' (S.2(oo)) is termination for any reason except punishment. Requires: 1 month's notice, 15 days' wages per year of service, and last-come-first-go.
Under the IT Act, electronic records have legal validity (S.4), digital signatures are recognized (S.5), and electronic governance is promoted (S.6). The Act provides the legal framework for digital India.
Under CPC, a decree (S.2(2)) is the formal expression of adjudication conclusively determining rights. It must be in a suit. Preliminary, final, or partly both. Must be drawn up separately from judgment.
Under the Evidence Act, Section 45 makes expert opinions relevant on: foreign law, science, art, handwriting, and finger impressions. Experts assist the court but their opinion is advisory, not binding.
Under the Constitution, Article 368 provides the amendment procedure. Special majority (2/3 of members present and voting + majority of total membership) is required. Some provisions need state ratification too.
Check the referenced provision in the relevant Act to verify the answer.
Under the Indian Contract Act, 'mistake' of fact: bilateral mistake makes agreement void (S.20); unilateral mistake doesn't affect validity (S.22). Mistake of law is no defence (S.21).
Under the Negotiable Instruments Act, 'endorsement' (S.15) transfers the instrument. Types: blank (just signature), full (with endorsee name), restrictive (limits further negotiation), conditional, and partial.
Under CPC, territorial jurisdiction (S.16-20): immovable property suits where property is situated (S.16); other suits where defendant resides or cause of action arose (S.20).
Under the Consumer Protection Act, 'consumer' includes buyers of goods and hirers of services for consideration. Excludes: persons buying for commercial resale. Only end-users are protected.
Under the Constitution, fundamental duties (Art.51A) include: respecting Constitution/flag/anthem, defending India, promoting harmony, protecting environment, developing scientific temper, and striving for excellence.
Under the Land Acquisition Act, the Collector issues notice, conducts hearing, makes award, and disburses compensation. The landowner can challenge inadequacy of compensation under S.18 by reference to court.
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Under the Industrial Disputes Act, specific provisions govern strikes, lockouts, layoffs, retrenchment, and closure. These require notice periods and compliance with statutory procedures to be legally valid.
Natural law theory holds that law is derived from universal moral principles inherent in human nature — not just from legislation or social conventions. It posits a higher law that human-made law must conform to.
H.L.A. Hart is associated with legal positivism, particularly his concept of law as a system of primary rules (conduct rules) and secondary rules (rules about rules — recognition, change, adjudication).
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Section 9 of the Hindu Marriage Act provides for restitution of conjugal rights. When one spouse withdraws from the other's society without reasonable excuse, the aggrieved spouse can petition the court for a decree of restitution.
The Hindu Succession (Amendment) Act, 2005 made daughters coparceners by birth with equal rights as sons in joint Hindu family property. This landmark amendment eliminated gender discrimination in Hindu succession law.