95 questions · Correct answers · Bare act strategy · Step-by-step walkthroughs
The doctrine of election (S.35 TPA) provides that a person who accepts a benefit under an instrument must also bear its burden. You cannot accept the advantage while rejecting the disadvantage — both come together.
Check the referenced provision in the relevant Act to verify the answer.
Frost v. Knight is a leading case on anticipatory breach of contract (S.34 Indian Contract Act). The defendant promised to marry the plaintiff after his father's death but repudiated before that event — the court allowed the action before the breach date arrived.
This tests knowledge of which legal concept is based on legislation vs judicial precedent. Some areas of law are purely statutory (codified) while others developed through case law (common law traditions).
Check the referenced provision in the relevant Act to verify the answer.
Sections 80-82 of the Transfer of Property Act deal with marshalling and contribution by co-mortgagors. These provisions protect the rights of subsequent mortgagees when the prior mortgagee has multiple securities.
Under the Transfer of Property Act, a transfer 'inter vivos' means a transfer between living persons. The Act governs how property is transferred during the lifetime of the transferor — not testamentary transfers (which are under the Succession Act).
This tests identification of the correct legal provision or principle. Each option represents a different legal concept — match the described situation to the correct section or rule.
Under Section 10 of the Specific Relief Act, specific performance can be enforced when there is no standard for ascertaining actual damage caused by non-performance, or when monetary compensation would not be adequate relief.
Section 14 of the Specific Relief Act (pre-2018 amendment) listed contracts that cannot be specifically performed — personal service contracts, contracts where performance involves continuous duties requiring court supervision, and determinable contracts.
The Sale of Goods Act, 1930 governs contracts for sale of goods. 'Goods' includes every kind of movable property other than actionable claims and money. Standing timber, growing crops, and things attached to land can be goods if agreed to be severed.
Under the Negotiable Instruments Act, a 'holder in due course' has the best title — they acquire the instrument before maturity, for consideration, and without notice of defect. They can enforce the instrument even if the transferor had defective title.
This question tests knowledge of a specific constitutional provision or amendment. The correct answer requires matching the described concept to the right Article or Amendment number.
Under the Constitution, the distribution of legislative power between Centre and States is through the Seventh Schedule — Union List (exclusively central), State List (exclusively state), and Concurrent List (both can legislate).
Article 21 guarantees right to life and personal liberty. The SC has expansively interpreted this to include: livelihood, shelter, health, education, privacy, dignity, speedy trial, legal aid, and clean environment.
The Preamble declares India's commitment to justice (social, economic, political), liberty (thought, expression, belief, faith, worship), equality (status, opportunity), and fraternity (dignity of individual, unity of nation).
Check the referenced provision in the relevant Act to verify the answer.
This question tests knowledge of environmental law provisions. Key environmental statutes include: Environment Protection Act 1986, Water Act 1974, Air Act 1981, Forest Conservation Act 1980, and Wildlife Protection Act 1972.
Under the IT Act, electronic records and digital signatures have legal validity equivalent to paper records and handwritten signatures. This forms the foundation of e-commerce and e-governance in India.
Under the Companies Act, the memorandum of association is the constitution of a company — it defines its relationship with the outside world, including name, registered office, objects, liability, and capital.
Under CPC, the concept of jurisdiction determines which court can hear a case. Territorial jurisdiction (where), pecuniary jurisdiction (how much), and subject-matter jurisdiction (what type) must all be satisfied.
When a person holds goods/property with no personal interest but two or more persons make rival claims, they can file an interpleader suit under Section 88 CPC. The railway company (as consignee) has only a lien — no ownership interest — making interpleader the appropriate remedy.
Under CPC, execution of decrees allows the successful party to enforce the court's order. Methods include: attachment and sale of property, arrest and detention, delivery of specific property, and appointment of receiver.
Check the referenced provision in the relevant Act to verify the answer.
Under CPC, Order XXXIX provides for temporary injunctions to preserve the status quo pending final adjudication. The three essential conditions are: prima facie case, balance of convenience, and irreparable injury.
Under CPC, appeals are the primary remedy against wrong decisions. First appeal lies from original decrees (S.96), second appeal to HC on substantial questions of law (S.100), and appeal from orders (S.104).
Under IPC, Section 300 defines murder — culpable homicide becomes murder when done with intention to cause death, intention to cause bodily injury known to be deadly, or when the act is so imminently dangerous that death is virtually certain.
Check the referenced provision in the relevant Act to verify the answer.
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 — apprehension of murder, grievous hurt, rape, kidnapping, acid attack, or dangerous wrongful confinement.
Under IPC, criminal conspiracy (S.120A-120B) is the agreement between two or more persons to do an illegal act. The mere agreement is the offence — no overt act is required for the offence to be complete.
Under IPC, offences against women include: cruelty by husband (S.498A), dowry death (S.304B), outraging modesty (S.354), sexual harassment (S.354A), voyeurism (S.354C), stalking (S.354D), and rape (S.375-376).
Under CrPC, the FIR (S.154) is the first step in criminal law machinery. It sets investigation in motion. The SHO must register it for cognizable offences — refusal is itself an offence.
Check the referenced provision in the relevant Act to verify the answer.
Under CrPC, bail provisions distinguish between bailable (bail as right, S.436) and non-bailable offences (bail at discretion, S.437). Anticipatory bail (S.438) is pre-arrest protection.
Check the referenced provision in the relevant Act to verify the answer.
Under CrPC, the Magistrate's power to take cognizance (S.190) is triggered by: complaint, police report (chargesheet), or own information/knowledge. This is the formal commencement of judicial proceedings.
Under Muslim personal law, 'nikah' (marriage) is a civil contract requiring: proposal (ijab), acceptance (qubul), two witnesses, and dower (mahr). Unlike Hindu marriage, it is not a sacrament but a contractual relationship.
Under Hindu Marriage Act, the essential 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.
Under Hindu law, coparcenary property is joint family property in which members have birthright. After the 2005 amendment, daughters are coparceners equal to sons with the same rights to demand partition.
Check the referenced provision in the relevant Act to verify the answer.
Under the Indian Evidence Act, confessions to police officers are inadmissible (S.25), confessions in police custody are inadmissible unless before a Magistrate (S.26), but information leading to discovery is admissible (S.27).
Under the Evidence Act, dying declarations (S.32(1)) are admissible as exceptions to hearsay. The declarant need not have been under expectation of death. The statement must relate to cause of death or circumstances leading to death.
Under the Evidence Act, 'burden of proof' lies on the party who would fail if no evidence were given (S.101). The onus shifts based on presumptions — whoever asserts must prove, subject to statutory presumptions.
Under the Evidence Act, privileged communications are protected from disclosure: attorney-client privilege (S.126), spousal communication during marriage (S.122), state secrets (S.123), and official communications (S.124).
Under the Advocates Act, professional misconduct by advocates is dealt with by the State Bar Council disciplinary committee (S.35). Punishments include: reprimand, suspension, or removal from the state roll.
Under the Advocates Act, advocates have duties to: the court (highest), clients, opposing counsel, and the profession. Court duty trumps all — an advocate cannot mislead the court even to benefit the client.
Under the Legal Services Authorities Act, 1987, free legal aid is available to women, children, SC/ST members, victims of trafficking, persons with disabilities, industrial workmen, persons in custody, and those below income threshold.
Under the Consumer Protection Act, a 'consumer' includes a buyer of goods or hirer of services for consideration. Persons buying for commercial resale are NOT consumers. Only end-users are protected.
Under tort law, 'vicarious liability' means liability of one person for the tort of another — typically employer for employee's torts committed during course of employment (respondeat superior principle).
Under the Factories Act, a 'factory' means premises with 10+ workers (with power) or 20+ workers (without power) engaged in manufacturing. The Act ensures health, safety, welfare, working hours, and leave provisions.
Under the Industrial Disputes Act, 'strike' (S.2(q)) is cessation of work by workers acting in combination. 'Lockout' (S.2(l)) is closing of workplace by employer. Both are regulated with notice requirements.
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 material online (S.67). Penalties vary by severity.
Under the Land Acquisition Act, the government can acquire private land for 'public purpose.' The LARR Act (2013) replaced the 1894 Act with better compensation (up to 4x market value in rural areas), rehabilitation, and consent requirements.
Under income tax law, 'previous year' is the financial year in which income is earned. 'Assessment year' is the following year in which that income is assessed and taxed. Income of PY 2023-24 is assessed in AY 2024-25.
Under the Companies Act, a company is a separate legal entity distinct from its members (Salomon v. Salomon). It can own property, sue and be sued, and has perpetual succession independent of its members.
Under the Constitution, PIL (Public Interest Litigation) relaxes traditional locus standi — any public-spirited person can approach the court for enforcement of rights of disadvantaged groups who cannot access justice themselves.
Under administrative law, the doctrine of natural justice requires: (1) nemo judex in causa sua (no bias) and (2) audi alteram partem (hear both sides). These apply to judicial, quasi-judicial, and administrative decisions.
Check the referenced provision in the relevant Act to verify the answer.
Under the Limitation Act, every suit must be filed within the prescribed period. Time runs from when the cause of action arises. Delay defeats equity — courts strictly enforce limitation unless condoned.
Under the Transfer of Property Act, a 'lease' (S.105) is transfer of the right to enjoy immovable property for a certain time in consideration of rent. The lessor retains ownership while the lessee gets possession.
Under the Indian Contract Act, 'consideration' (S.2(d)) is the price for a promise. It can flow from the promisee or any other person, can be past/present/future, and must be real though need not be adequate.
Under CPC, res judicata (S.11) bars relitigation of matters already decided. The five conditions are: same parties, same matter, same court jurisdiction, decided on merits, and final judgment.
Under CPC, a decree can be preliminary (determining rights but requiring further proceedings), final (completely disposing suit), or partly both. The classification affects appealability and execution rights.
Under IPC, Section 34 (common intention) and Section 149 (common object) impose constructive liability. S.34 needs prior concert and common intention; S.149 needs membership of unlawful assembly with common object.
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). This hierarchy ensures proper adjudication.
Under Muslim law, 'talaq' is the husband's right to dissolve marriage. Types include: talaq-e-ahsan (single pronouncement + iddat), talaq-e-hasan (three pronouncements in three months), and talaq-e-biddat (triple talaq — struck down in Shayara Bano, 2017).
Check the referenced provision in the relevant Act to verify the answer.
Under the Evidence Act, 'document' (S.3) includes any matter expressed or described on any substance by letters, figures, or marks. This extremely broad definition covers writing, photographs, maps, inscriptions, and electronic records.
Check the referenced provision in the relevant Act to verify the answer.
Under the Evidence Act, Section 65B provides for admissibility of electronic records through a certificate. After Anvar P.V. (2014), the S.65B certificate is mandatory — electronic evidence without it is inadmissible.
Under the Constitution, the separation of powers doctrine divides government into: legislature (makes law), executive (implements law), and judiciary (interprets law). Though not absolute in India, checks and balances exist.
Under the Constitution, Article 14 guarantees equality — both 'equality before law' (no special privilege for anyone) and 'equal protection of laws' (similar treatment for similarly situated persons).
Under CPC, territorial jurisdiction (S.16-20) determines WHICH court hears the case. S.16: immovable property suits where property situated. S.20: other suits where defendant resides or cause of action arose.
Check the referenced provision in the relevant Act to verify the answer.
Under IPC, defamation (S.499-500) can be civil (tort — damages) or criminal (prosecution — up to 2 years). The statement must lower the person in the estimation of others. Truth is a defence if in public interest.
Under the Sale of Goods Act, the concept of 'caveat emptor' (buyer beware) means the buyer must examine goods before purchase. Exceptions exist for: fitness of purpose, merchantable quality, sale by description, and sample.
Under the Indian Contract Act, 'undue influence' (S.16) exists when one party can dominate the other's will. The dominant party must prove the contract was not induced by undue influence — reverse burden of proof.
Under the Transfer of Property Act, an 'easement' is a right enjoyed by the owner of one land (dominant heritage) over another's land (servient heritage) — like right of way, light, water, or support.
Check the referenced provision in the relevant Act to verify the answer.
Under the Motor Vehicles Act, claims tribunals (MACT) are established to adjudicate motor accident compensation claims. The tribunal awards compensation considering: age, income, disability, and multiplier method.
Under the Specific Relief Act, injunctions can be: temporary (interlocutory, pending trial — Order XXXIX CPC), perpetual (permanent, by decree — S.37-42 SRA), or mandatory (compelling positive action).
Check the referenced provision in the relevant Act to verify the answer.
Under the Factories Act, working hours are regulated: maximum 48 hours/week, 9 hours/day, with weekly holiday. Overtime at double rates. Women restricted from night work (7 PM to 6 AM) subject to exemptions.
Under the Industrial Disputes Act, 'retrenchment' (S.2(oo)) means termination for any reason other than punishment. Conditions: one month's notice or pay, 15 days' wages per year of service as compensation, and last-come-first-go principle.
Check the referenced provision in the relevant Act to verify the answer.
Under the IT Act, electronic governance is promoted through: recognition of electronic records (S.4), digital signatures (S.5), electronic filing with government (S.6), and legal validity of electronic contracts (S.10A).
Under the Copyright Act, copyright protection lasts for the author's lifetime plus 60 years. For anonymous/pseudonymous works, government works, and posthumous works, different terms apply.
Under the Constitution, emergency provisions include: national emergency (Art.352), state emergency/President's rule (Art.356), and financial emergency (Art.360). Each has different triggers and consequences.
Under the Hindu Succession Act, a Hindu female's property devolves under special rules (S.15-16). Property inherited from parents goes back to the source family; property inherited from husband goes to husband's heirs.
Under CrPC, investigation includes: proceeding to the spot, ascertaining facts, discovering the offender, collecting evidence, forming opinion on whether to forward case to Magistrate. It is primarily a police function.
Check the referenced provision in the relevant Act to verify the answer.
Under the Evidence Act, leading questions (S.141-143) suggest their own answer. They are prohibited in examination-in-chief (S.142) but permitted in cross-examination (S.143). Court can allow them for introductory matters.
Under the Indian Contract Act, 'mistake' vitiates consent differently: bilateral mistake of essential fact makes agreement void (S.20); unilateral mistake is generally not ground for avoidance (S.22); mistake of law gives no relief (S.21).
Check the referenced provision in the relevant Act to verify the answer.
Under the Evidence Act, 'judicial notice' (S.56-57) means the court can recognize certain facts without formal proof — like laws, geographical facts, public officials, and similar matters of common knowledge.
Check the referenced provision in the relevant Act to verify the answer.
Under the Companies Act, directors are the company's agents and trustees. They owe fiduciary duties: act in good faith, avoid conflicts of interest, not make secret profits, and exercise due care and diligence.
Under the Constitution, fundamental duties (Art.51A) include: respecting Constitution/flag/anthem, defending India, promoting harmony, protecting environment, developing scientific temper, safeguarding public property, and striving for excellence.
'Ex dolo malo non oritur actio' means no action arises from fraud or an immoral/illegal act. A person cannot found a legal claim on their own wrongdoing. If the cause of action itself is based on an illegal or immoral act, the court will not entertain it.
Under CPC, Order XX deals with judgment and decree. The court must pronounce judgment in open court within 30 days of completing arguments. The decree follows from the judgment and must be drawn up separately.
Under the Negotiable Instruments Act, 'endorsement' (S.15) is signing on the instrument to transfer it. Endorsement can be: in blank (just signature), in full (with endorsee's name), restrictive, conditional, or partial.
Under the Indian Partnership Act, partnership property includes: property originally brought in, property acquired with firm money, and goodwill of the business. Partners are co-owners of partnership property.
Under the Environmental Protection Act, the polluter pays principle requires the polluting entity to bear the cost of preventing and remediating pollution. The SC applied this in Vellore Citizens' Welfare Forum (1996).
Under the Consumer Protection Act, a complaint can be filed for: defective goods, deficient services, unfair trade practices, restrictive trade practices, and goods/services hazardous to life. Limitation: 2 years.
Check the referenced provision in the relevant Act to verify the answer.
Under the Transfer of Property Act, 'vested interest' (S.19) creates an immediate right to present or future enjoyment. It transfers on the death of the transferee to their heirs — unlike contingent interest which depends on an uncertain event.
Under the Hindu Marriage Act, divorce by mutual consent (S.13B) requires: living separately for 1+ years, inability to live together, and mutual agreement to dissolve. There is a 6-month cooling period after first motion.
Under CrPC, Section 125 provides secular maintenance for wife, children, and parents unable to maintain themselves. It applies regardless of religion — all communities can seek maintenance under this criminal remedy.
Under administrative law, delegated legislation (rules, regulations, bye-laws made by executive under authority of legislature) must not exceed the scope of the parent Act and must comply with procedural requirements.
Check the referenced provision in the relevant Act to verify the answer.
Article 39(d) of the Constitution directs the state to ensure equal pay for equal work for both men and women. This DPSP has been made enforceable through judicial decisions — the SC in Randhir Singh (1982) treated it as an Article 14 right.
Under the Industrial Disputes Act, when a workman is suspended pending investigation, the employer must pay subsistence allowance. The amount and conditions are prescribed under applicable standing orders or settlement terms.
This tests recall of a landmark case on a specific legal point. Identify the case from the options and match it to the legal principle described in the question.
Under the Industrial Disputes Act, if an employer dismisses or discharges a workman, the dispute between the individual workman and employer is deemed an 'industrial dispute' even if no union or other workmen are parties. This was a significant expansion of the definition.
Gloucester Grammar School Case (1441) is the classic illustration of 'Damnum Sine Injuria' — damage without legal injury. A rival school caused financial loss but no legal right was violated, so no action lay. Legitimate competition doesn't create liability.