100 questions · Correct answers · Bare act strategy · Step-by-step walkthroughs
Section 107 of the Evidence Act deals with the presumption of continuance of life — if a person was alive within 30 years, the burden of proving death lies on the person who asserts it. This is a rebuttable presumption.
Direct evidence is testimony by a witness who personally perceived the fact in issue — they saw, heard, or experienced it directly. It is the strongest form of oral evidence, unlike circumstantial or hearsay evidence.
Section 89 CPC (inserted by 1999/2002 amendment) introduced provisions for settlement of disputes outside the court through ADR methods: arbitration, conciliation, Lok Adalat, and mediation.
Check the referenced provision in the relevant Act to verify the answer.
Sections 6-11 of the Hindu Adoptions and Maintenance Act prescribe conditions for valid adoption — who can adopt, who can give in adoption, who can be adopted, and what conditions must be satisfied.
The Directive Principles of State Policy are contained in Part IV (Articles 36-51) of the Constitution. They are non-justiciable guidelines to the state for governance and policy-making.
Check the referenced provision in the relevant Act to verify the answer.
This tests knowledge of a specific constitutional amendment or provision. Constitutional amendments are numbered sequentially and each addresses a specific reform — the amendment number must be matched to the described change.
Under Order VIII Rule 1 CPC, the written statement must be filed within 30 days from service of summons. The court may extend this to a maximum of 90 days for recorded reasons.
Section 10 CPC embodies the doctrine of res sub-judice — stay of a later suit when an earlier suit on the same matter between the same parties is pending in a competent court.
Under the Contract Act, agreements made without consideration are generally void (S.25), with exceptions: natural love and affection (written + registered), past voluntary service, and time-barred debt promises.
This question tests knowledge of a specific case law principle. Landmark cases and their holdings must be memorized as part of AIBE preparation since bare acts do not contain judicial interpretations.
Under Sections 96-106 IPC, the right of private defence allows a person to use reasonable force (including causing death in extreme cases) to defend person or property against imminent unlawful aggression.
Section 438 CrPC provides for anticipatory bail — a direction by the Sessions Court or High Court that if a person is arrested for a non-bailable offence, they shall be released on bail.
The Factories Act defines 'factory' as premises where manufacturing is carried on with 10+ workers (with power) or 20+ workers (without power). It ensures health, safety, and welfare of factory workers.
Check the referenced provision in the relevant Act to verify the answer.
Under the Companies Act, share capital can be altered by: increasing (ordinary resolution), consolidating/sub-dividing (ordinary resolution), converting to stock (ordinary resolution), or reducing (special resolution + court confirmation).
Check the referenced provision in the relevant Act to verify the answer.
Under the Land Acquisition Act, 'public purpose' includes: planned development, village/town sites, infrastructure, education/housing schemes, and any purpose beneficial to the general public.
Check the referenced provision in the relevant Act to verify the answer.
The Consumer Protection Act provides three-tier redressal: District Commission (up to Rs. 1 crore), State Commission (Rs. 1-10 crore), and National Commission (above Rs. 10 crore). Complaints must be filed within 2 years.
Under the IT Act, a 'digital signature' means authentication of an electronic record by a subscriber by means of an electronic method specified in the Second Schedule. It provides legal validity to electronic documents.
Under Muslim personal law, 'mahr' (dower) is a sum of money or property promised by the husband to the wife at marriage. It can be prompt (payable immediately) or deferred (payable on divorce or death).
Under the Income Tax Act, residential status (resident/non-resident/not ordinarily resident) determines tax liability. A resident is taxed on worldwide income; a non-resident only on Indian-source income.
Check the referenced provision in the relevant Act to verify the answer.
The Advocates Act governs the legal profession in India. It establishes Bar Councils, prescribes qualifications for enrollment, lays down professional standards, and provides disciplinary mechanisms.
Under the Transfer of Property Act, a 'mortgage' is the transfer of an interest in immovable property to secure a loan. Section 58 defines six types: simple, mortgage by conditional sale, usufructuary, English, equitable, and anomalous.
Check the referenced provision in the relevant Act to verify the answer.
The Indian Penal Code defines various offences against the state including waging war (S.121), sedition (S.124A), and promoting enmity between groups (S.153A). These carry severe punishments including death/life imprisonment.
Under the CrPC, different courts have different sentencing powers: Sessions Court (any sentence), CJM (up to 7 years), JMFC (up to 3 years), JMSC (up to 1 year). This hierarchy ensures proportionate justice.
Under the Evidence Act, relevancy and admissibility are distinct concepts. A fact may be relevant (connected to the issue) but inadmissible (excluded by law). Admissibility is the gateway for evidence to enter the trial.
Under the Hindu Marriage Act, void marriages (S.11) have no legal effect from inception, while voidable marriages (S.12) are valid until annulled by court decree. The distinction affects property rights and legitimacy of children.
Under CPC, courts have inherent power (S.151) to make orders necessary for the ends of justice or to prevent abuse of process. This is a residual power used when no specific provision covers the situation.
The Indian Contract Act defines 'consideration' (S.2(d)) as something done or promised at the desire of the promisor. Consideration can be past, present, or future, and can move from the promisee or any other person.
Under the Arbitration Act, an arbitral award can be set aside under Section 34 on limited grounds: incapacity, invalid agreement, lack of notice, beyond scope, improper composition, non-arbitrable subject, or public policy violation.
Under the Constitution, fundamental duties (Article 51A, Part IVA) were added by the 42nd Amendment (1976). They include respecting the Constitution, national flag, defending India, promoting harmony, and protecting the environment.
Check the referenced provision in the relevant Act to verify the answer.
Under the Negotiable Instruments Act, the three types of negotiable instruments are: promissory notes (S.4), bills of exchange (S.5), and cheques (S.6). Each has specific formal requirements for validity.
Under CPC, a temporary injunction (Order XXXIX) can be granted at any stage to preserve the status quo. The three tests are: prima facie case, balance of convenience, and irreparable injury.
Under the Sale of Goods Act, implied conditions include: seller's right to sell (S.14), goods corresponding to description (S.15), merchantable quality and fitness (S.16), and correspondence with sample (S.17).
Under the Evidence Act, electronic records are admissible under Section 65B with a certificate. The Anvar P.V. case (2014) made the S.65B certificate mandatory for all electronic evidence.
Under the Hindu Succession Act, Class I heirs of a Hindu male include: son, daughter, widow, mother, son of predeceased son, daughter of predeceased son, etc. They take simultaneously, excluding all other heirs.
Under the CrPC, a First Information Report (FIR) under S.154 is the first step in criminal law machinery. It must be recorded for cognizable offences — the police cannot refuse to register it.
Under the Constitution, Article 21 guarantees right to life and personal liberty. It has been expansively interpreted to include: right to livelihood, shelter, health, education, privacy, dignity, and clean environment.
Under the Specific Relief Act, specific performance (S.10) is granted when monetary compensation is inadequate. The court considers: fairness of contract, hardship, plaintiff's conduct, and whether damages would suffice.
Under the Industrial Disputes Act, 'lockout' (S.2(l)) means closing a place of employment by the employer to compel workmen to accept their terms. It is the employer's counterpart to a strike by workers.
Under the Motor Vehicles Act, third-party insurance is mandatory. Section 140 establishes no-fault liability — compensation for death/permanent disability regardless of fault, limited to specified amounts.
Under the Indian Evidence Act, dying declarations (S.32(1)) are admissible as exceptions to the hearsay rule. The declarant need not have been under expectation of death — any statement about cause of death qualifies.
Check the referenced provision in the relevant Act to verify the answer.
Under the CPC, Order XXXIX deals with temporary injunctions and interlocutory orders. The court can grant injunction to restrain the defendant from committing acts that would injure the plaintiff's rights.
Under the Transfer of Property Act, 'transfer of property' (S.5) means an act by which a living person conveys property to another living person or to themselves. It includes sale, mortgage, lease, exchange, and gift.
Under the Constitution, the Seventh Schedule contains three lists: Union List (central subjects), State List (state subjects), and Concurrent List (shared subjects). The distribution of legislative power follows these lists.
Under the Companies Act, a 'prospectus' is an invitation to the public to subscribe to a company's shares/debentures. It must contain specified disclosures about the company's finances, directors, and business.
Under the Indian Contract Act, 'fraud' (S.17) includes: false suggestion of fact, active concealment, promise without intent to perform, any act to deceive, and any act declared fraudulent by law.
Under the CPC, 'mesne profits' (S.2(12)) are profits received by a person in wrongful possession from the rightful owner — what was actually received or could have been received with ordinary diligence.
Under the IT Act, cyber offences include: unauthorized access (S.43), hacking (S.66), identity theft (S.66C), cheating by personation (S.66D), and cyber terrorism (S.66F). Penalties vary by severity.
Check the referenced provision in the relevant Act to verify the answer.
Under the Evidence Act, 'admission' (S.17) is a statement suggesting an inference about a fact in issue, made by a party or their agent. Admissions are not conclusive but may operate as estoppel.
Under the Hindu Marriage Act, grounds for divorce (S.13) include: adultery, cruelty, desertion (2+ years), conversion, unsound mind, leprosy, venereal disease, renunciation, and not heard alive (7 years).
Check the referenced provision in the relevant Act to verify the answer.
Under the Constitution, Article 32 provides the right to move the Supreme Court for enforcement of fundamental rights through writs. Dr. Ambedkar called it the 'heart and soul' of the Constitution.
Under the Indian Partnership Act, every partner is an agent of the firm (mutual agency). Each partner can bind the firm by acts done in the ordinary course of business — this is implied authority.
Under the CrPC, bail provisions differ for bailable offences (bail as right, S.436) and non-bailable offences (bail at court's discretion, S.437). Anticipatory bail is under S.438.
Under the Limitation Act, limitation periods vary: recovery of money (3 years), immovable property suits (12 years), mortgage suits (30 years). The cause of action determines when limitation begins.
Under the Environmental Protection Act, the Central Government has power to take all measures necessary to protect the environment. This includes setting standards, restricting industries, and imposing penalties.
Under the Hindu Adoption and Maintenance Act, only Hindus can adopt Hindus. Section 11 prescribes conditions: child must be Hindu, unmarried, under 15 (unless custom permits), and not already adopted.
Under the Constitution, Article 19(1) guarantees six freedoms to citizens: speech, assembly, association, movement, residence, and profession. Each has reasonable restriction grounds in Articles 19(2)-(6).
Under the CPC, Section 100 provides for second appeal to the High Court — but ONLY on substantial questions of law. No second appeal lies on questions of fact or mixed questions of fact and law.
Under the Indian Contract Act, a 'bailment' (S.148) is delivery of goods for a purpose with return when purpose is accomplished. The bailor delivers, the bailee receives. Ownership doesn't transfer.
Under the CrPC, Section 313 requires the court to examine the accused after prosecution evidence is complete. The accused must be given opportunity to explain incriminating circumstances — this is mandatory.
Under the Constitution, directive principles (Part IV) guide state policy but are not enforceable by courts. They complement fundamental rights and aim at establishing a welfare state.
Under the Negotiable Instruments Act, a 'holder in due course' (S.9) is a person who acquires the instrument for consideration, before maturity, without notice of defect in title. They get better title than the transferor.
Under the Transfer of Property Act, 'sale' (S.54) is transfer of ownership in exchange for price. For immovable property worth Rs. 100+, it must be by registered instrument.
Under the IPC, 'culpable homicide' (S.299) becomes 'murder' (S.300) based on degree of intention and probability of death. The distinction is critical — murder carries death/life imprisonment, while culpable homicide carries up to 10 years.
Under the Evidence Act, 'burden of proof' (S.101) lies on the party who would fail if no evidence were given. The general rule: who asserts must prove. Specific presumptions can shift the burden.
Check the referenced provision in the relevant Act to verify the answer.
Under the Companies Act, a company's 'memorandum of association' defines its relationship with the outside world — name, registered office, objects, liability, and capital clauses.
Check the referenced provision in the relevant Act to verify the answer.
Under the Consumer Protection Act, 'unfair trade practice' includes: false representation about goods/services, misleading advertisements, offering gifts/prizes with no intention to provide, and hoarding/destroying goods.
Under CPC, a 'decree' (S.2(2)) is the formal expression of adjudication that conclusively determines the rights of parties. It must be in a suit — orders in miscellaneous proceedings are not decrees.
Under the Land Acquisition Act, the Collector plays a central role — issuing notices, conducting hearings, making awards, and disbursing compensation. The Collector's award can be challenged in court.
Under the Indian Contract Act, 'coercion' (S.15) means committing or threatening to commit an act forbidden by IPC, or unlawfully detaining/threatening to detain any property, to cause the other party to enter into an agreement.
Under the CrPC, Section 482 preserves the inherent power of the High Court to make orders necessary for ends of justice or to prevent abuse of court process. This power is extraordinary and used sparingly.
Under the Constitution, fundamental rights (Part III, Articles 12-35) are enforceable against the state. They protect individual liberty and can be enforced through writ jurisdiction under Articles 32 and 226.
Under the Hindu Marriage Act, 'cruelty' (S.13(1)(ia)) includes both physical and mental cruelty. The SC has held that conduct must be of such nature that the petitioner cannot reasonably be expected to live with the respondent.
Check the referenced provision in the relevant Act to verify the answer.
Under the Evidence Act, Section 45 makes expert opinions relevant on matters of foreign law, science, art, handwriting, and finger impressions. The expert must have special skill or training in the relevant field.
Under the Arbitration Act, Section 11 provides for appointment of arbitrators. If parties fail to agree, the court (SC for international, HC for domestic) can appoint. The tribunal should preferably have odd number of arbitrators.
Under the IPC, 'theft' (S.378) requires: dishonest intention, movable property, moving the property out of possession, without consent of the possessor. Taking with honest belief of right is not theft.
Check the referenced provision in the relevant Act to verify the answer.
Under the Consumer Protection Act, a consumer can file a complaint about defective goods, deficient services, unfair trade practices, or restrictive trade practices. The limitation period is 2 years.
Under the CPC, Order XXI governs execution of decrees — attachment, sale, arrest, delivery of possession, appointment of receiver. The decree-holder must apply for execution within the limitation period.
Under the Indian Contract Act, 'undue influence' (S.16) exists when one party is in a position to dominate the other's will and uses that position to obtain an unfair advantage. The burden of proof is on the dominant party.
Under the Constitution, the Governor has the power to grant pardons under Article 161 for offences against state laws. This is analogous to the President's pardoning power under Article 72 for central offences.
Under the Transfer of Property Act, 'gift' (S.122) is transfer of movable/immovable property voluntarily without consideration. For immovable property, it must be by registered instrument; for movable, by delivery.
Check the referenced provision in the relevant Act to verify the answer.
Under the Evidence Act, 'estoppel' (S.115) prevents a person from denying the truth of anything they have previously represented as true, if another person has acted on that representation to their detriment.
Check the referenced provision in the relevant Act to verify the answer.
Under the IPC, Section 34 deals with common intention — when a criminal act is done by several persons in furtherance of common intention, each is liable as if they alone did the act.
Under the CrPC, the Magistrate has power to order investigation under S.156(3) — this is an important remedy when the police refuse to register an FIR or fail to investigate properly.
Under the Hindu Succession Act, 'coparcenary' property is joint family property in which coparceners (father and sons/daughters after 2005) have birthright. It devolves by survivorship, not succession.
Under the Specific Relief Act, 'declaratory decree' (S.34) declares the legal status of a person or their right to property. The plaintiff must have a subsisting legal character or right to property.
Under the Constitution, Article 14 guarantees 'equality before law' (negative concept — no special privilege) and 'equal protection of laws' (positive concept — equal treatment in equal circumstances).
Under the CPC, 'res judicata' (S.11) bars re-litigation of issues already decided between the same parties. The doctrine promotes finality, prevents contradictory judgments, and saves judicial resources.
Under the Indian Contract Act, 'mistake' can be: mutual mistake of essential fact (agreement void, S.20), unilateral mistake (generally not void, S.22), or mistake of law (no relief, S.21).
Under the CrPC, the Magistrate must record reasons for granting or refusing bail. For non-bailable offences, the court considers: nature of accusation, severity of punishment, evidence strength, and flight risk.
Under the Income Tax Act, 'assessment year' is the 12-month period starting April 1 in which income of the previous year is assessed and taxed. Income earned in 2023-24 is assessed in AY 2024-25.
Under the Constitution, the Preamble declares India as sovereign, socialist, secular, democratic republic. It secures justice (social, economic, political), liberty, equality, and fraternity.
Check the referenced provision in the relevant Act to verify the answer.
Under the CPC, attachment before judgment (Order XXXVIII) can be ordered when the defendant is about to dispose of property to obstruct or delay execution. It is a preventive measure to secure the decree.
Under the IT Act, 'intermediary' (S.2(w)) includes ISPs, search engines, social media platforms, and cyber cafes. Section 79 provides safe harbour — intermediaries not liable for third-party content if they follow due diligence.
Under the Industrial Disputes Act, 'retrenchment' (S.2(oo)) means termination of service for any reason other than punishment. Conditions apply: notice, compensation (15 days' wages per year of service), and last-come-first-go.
Check the referenced provision in the relevant Act to verify the answer.
Under the Environmental Protection Act, the polluter pays principle requires the polluting industry to bear the cost of pollution prevention and remediation. This was applied by the SC in Vellore Citizens' case (1996).
The Durham doctrine (or Durham rule) is a criminal insanity test from Durham v. United States (1954). It provides that an accused is not criminally responsible if their unlawful act was the product of mental disease or defect. Broader than McNaughten rules.
'De minimis non curat lex' means 'the law does not concern itself with trifles.' Courts will not entertain claims for trivial or insignificant matters. This maxim prevents waste of judicial time on petty disputes.
When P and Q agree to commit theft in R's house, the agreement itself constitutes criminal conspiracy under Section 120A IPC. Both are liable even if the theft is never actually committed — the agreement alone is the offence.
When Ramu, suffering from a disease, causes death while performing a dangerous act, he may be liable for culpable homicide not amounting to murder (S.299/304 IPC) if he knew the act was likely to cause death but lacked the specific intention required for murder under S.300.
The doctrine of civil conspiracy was enunciated by the House of Lords in Quinn v. Leathem (1901). It held that a combination of two or more persons to willfully damage another without lawful justification is an actionable tort.