100 questions · Correct answers · Bare act strategy · Step-by-step walkthroughs
Ensuring better access to ADR in cross-border commercial disputes is the EU Mediation Directive's primary objective — promoting cost-effective alternatives to litigation for international commercial conflicts.
Check the referenced provision in the relevant Act to verify the answer.
Article 300A requires deprivation of property only by authority of law. The Land Acquisition Act fulfills this — providing for acquisition, compensation assessment, and payment, covering the complete lawful property-taking process.
Minto-Morley Reforms (Indian Councils Act, 1909) introduced separate electorates for Muslims and expanded legislative councils. Lord Minto (Viceroy) and Lord Morley (Secretary of State) architected these reforms.
Vikramaditya v. Smt. Jamila Khatoon relates to a specific legal principle in family/civil law. The case name and its associated holding must be studied before the exam.
Consumer complaints alleging product defects are heard by the appropriate consumer forum based on the value of goods/services and the compensation claimed.
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The Hindu Succession (Amendment) Act, 2005 gave daughters equal coparcenary rights as sons in joint Hindu family property, effective from September 9, 2005. This was a landmark reform in gender equality in property rights.
A valid Muslim marriage requires: offer (ijab) and acceptance (qubul), two competent witnesses, dower (mahr), and both parties being competent. The specific condition NOT required is the answer.
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Under Indian Christian Marriage Act, marriage must be solemnized between 6 AM and 7 PM (unless special license). The minister or clergyman must be authorized, and two credible witnesses are required.
Section 125 CrPC provides maintenance to wife, children, and parents. It is secular — applies to all religions. The Magistrate can order monthly maintenance based on the respondent's income.
Under the Factories Act, 'manufacturing process' means any process for making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating any article or substance.
A Trade Mark must be distinctive and capable of distinguishing one trader's goods/services from another's. It can include words, logos, shapes, colors, sounds, and combinations thereof.
Section 66 of the IT Act deals with computer-related offences — dishonestly or fraudulently doing any act referred to in Section 43 (unauthorized access, data theft, virus introduction) is punishable with imprisonment up to 3 years and/or fine.
The concept of sustainable development balances economic growth with environmental protection, ensuring present needs are met without compromising future generations' ability to meet theirs.
Under the Administrative Tribunals Act, service disputes of government employees are adjudicated by the Central Administrative Tribunal (CAT) and State Administrative Tribunals, established under Article 323A.
Check the referenced provision in the relevant Act to verify the answer.
The Arbitration Act provides for appointment of arbitrators by parties' agreement, or failing that, by the court under Section 11. An odd number of arbitrators (usually 1 or 3) is preferred.
Section 14 of the Limitation Act saves the time spent bona fide prosecuting in a court without jurisdiction. If a suit is filed in the wrong court, the time spent there is excluded when re-filing in the correct court.
Order XXI CPC governs execution of decrees. The decree-holder can apply for execution by various methods: attachment and sale of property, arrest and detention, delivery of specific property, or appointment of a receiver.
Under CPC, an appeal lies from every decree unless specifically barred. The right of appeal must be exercised within the limitation period (usually 30-90 days depending on the type of appeal and court).
Check the referenced provision in the relevant Act to verify the answer.
Section 89 CPC empowers courts to refer parties to ADR — arbitration, conciliation, Lok Adalat, or mediation — when settlement elements appear acceptable. This promotes out-of-court dispute resolution.
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The right to life under Article 21 has been expansively interpreted to include: right to livelihood, right to shelter, right to health, right to clean environment, right to education, right to privacy, and right to die with dignity.
Under the Hindu Marriage Act, restitution of conjugal rights (S.9) allows a spouse to petition the court when the other has withdrawn from cohabitation without reasonable excuse. The court can decree that the respondent resume cohabitation.
Under Muslim law, a woman's right to divorce includes: Talaq-i-tafweez (delegated divorce), Khula (at wife's instance with consideration), Mubarat (mutual divorce), and judicial divorce under the Dissolution of Muslim Marriages Act, 1939.
Section 9 of CPC provides that courts shall try all suits of a civil nature unless barred. The presumption is in favor of jurisdiction — exclusion must be express or clearly implied.
The Industrial Disputes Act aims to prevent and settle industrial disputes through conciliation, arbitration, and adjudication. It protects workers from unfair dismissal and provides machinery for dispute resolution.
Under the Transfer of Property Act, transfer of immovable property requires: competent transferor, competent transferee, lawful consideration, lawful object, and compliance with transfer formalities (writing + registration for properties over Rs. 100).
The Indian Evidence Act classifies evidence into oral evidence (statements by witnesses in court) and documentary evidence (documents and electronic records produced for inspection). Both together constitute the evidentiary framework.
Under CPC, a decree can be preliminary (determining rights but needing further proceedings), final (completely disposing the suit), or partly preliminary and partly final. The classification affects appealability and execution.
Section 482 CrPC preserves the inherent powers of the High Court to prevent abuse of court process or to secure the ends of justice. This power is extraordinary and exercised sparingly.
Check the referenced provision in the relevant Act to verify the answer.
The Specific Relief Act provides for: specific performance of contracts, rectification of instruments, rescission of contracts, cancellation of instruments, declaratory decrees, and injunctions (temporary and perpetual).
Under the Companies Act, a company's memorandum of association defines its powers, objects, and relationship with the outside world. Alteration requires special resolution and compliance with specific procedures.
Section 300 IPC defines murder — culpable homicide becomes murder when the act is done with intention to cause death, or with intention to cause bodily injury known to be likely to cause death, or if the act is imminently dangerous.
The right of private defence under IPC extends to causing death in specific situations: reasonable apprehension of murder, grievous hurt, rape, kidnapping, acid attack, and wrongful confinement with apprehension of no recourse to authorities.
Under Section 34 IPC, when a criminal act is done by several persons in furtherance of common intention, each person is liable as if the act was done by them alone. Common intention must be proved — prior concert is not always necessary.
Professional ethics require advocates to: maintain court dignity, not mislead the court, keep client confidences, not accept conflicting briefs, charge reasonable fees, and uphold the rule of law above all other obligations.
The Consumer Protection Act provides a three-tier grievance redressal mechanism: District Commission, State Commission, and National Commission — based on the value of goods/services and compensation claimed.
Under the Indian Penal Code, theft (S.378) requires: dishonest intention, moving of movable property, taking out of possession of the lawful owner, and without consent. All elements must coexist.
Section 498A IPC deals with cruelty by husband or his relatives against a married woman. It is a cognizable, non-bailable, and non-compoundable offence punishable with imprisonment up to 3 years and fine.
Under Muslim personal law, inheritance rules are based on the Quran and differ from Hindu succession law. Fixed shares (specified heirs) are distributed first, followed by residuary heirs.
Check the referenced provision in the relevant Act to verify the answer.
The Right to Information Act, 2005 gives citizens the right to access government information. Every public authority must designate a Public Information Officer, and information must be provided within 30 days.
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Under the Motor Vehicles Act, third-party insurance is mandatory for all motor vehicles. The owner/driver is liable for compensation in case of accidents — no-fault liability applies under Section 140.
The Indian Partnership Act, 1932 defines partnership as the relation between persons who agree to share profits of a business carried on by all or any of them acting for all. Partnership is based on mutual agency.
Under the Limitation Act, every suit must be filed within the prescribed period. Time begins to run from the date the cause of action arises. Section 3 bars suits filed after the limitation period.
The doctrine of frustration (S.56 Indian Contract Act) renders a contract void when performance becomes impossible or unlawful after formation, due to events beyond the parties' control that fundamentally alter the nature of the obligation.
Section 138 of the Negotiable Instruments Act makes dishonour of cheque for insufficient funds a criminal offence punishable with imprisonment up to 2 years and/or fine up to twice the cheque amount.
Under Hindu law, adoption creates a complete severance from the birth family and full integration into the adoptive family. The adopted child becomes the legitimate child of the adoptive parents for all purposes.
The Protection of Women from Domestic Violence Act, 2005 provides civil remedies to women subjected to domestic violence — protection orders, residence orders, monetary relief, custody orders, and compensation orders.
Check the referenced provision in the relevant Act to verify the answer.
Under the Indian Evidence Act, a confession made to a police officer is inadmissible (S.25). A confession during police custody is inadmissible unless made in the immediate presence of a Magistrate (S.26). Only the portion leading to discovery is admissible (S.27).
Check the referenced provision in the relevant Act to verify the answer.
The Preamble declares India to be a Sovereign, Socialist, Secular, Democratic Republic. 'Socialist' and 'Secular' were added by the 42nd Amendment (1976). The Preamble is part of the Constitution (Kesavananda Bharati).
Check the referenced provision in the relevant Act to verify the answer.
Under Article 368, constitutional amendments require: introduction as a Bill in either House, passage by special majority (2/3 of members present and voting + majority of total membership) in both Houses, and Presidential assent.
Check the referenced provision in the relevant Act to verify the answer.
Section 27 of the Evidence Act creates an exception to the bar on confessions to police — if information received from an accused in police custody leads to discovery of a fact, that portion of the information is admissible.
The Environmental Protection Act, 1986 is an umbrella legislation empowering the Central Government to take all necessary measures to protect and improve the environment. It covers standards, prohibitions, and penalties.
Under the Income Tax Act, agricultural income is exempt from central income tax under Section 10(1). However, for computing tax on non-agricultural income, agricultural income is aggregated (for rate purposes only).
The Arbitration and Conciliation Act, 1996 aims to minimize court intervention in arbitral proceedings. Section 5 explicitly provides that no judicial authority shall intervene except where so provided by the Act.
Under Section 11 CPC, res judicata bars relitigation of matters directly and substantially in issue in a former suit between the same parties. The previous decision must have been by a competent court and must be final.
Article 14 guarantees equality before law and equal protection of laws. 'Equality before law' is a negative concept (absence of privileges); 'equal protection' is a positive concept (equal treatment in equal circumstances).
The right against exploitation (Articles 23-24) prohibits forced labour, human trafficking, and employment of children below 14 in hazardous occupations. Article 23 applies against both state and private persons.
Under the Sale of Goods Act, 'goods' means every kind of movable property other than actionable claims and money. It includes stock, shares, growing crops, grass, and things attached to or forming part of land when agreed to be severed.
Section 300A (right to property as constitutional right) can be enforced through Article 226 (HC writ) or by filing a civil suit. It cannot be enforced through Article 32 (SC) since it is not a fundamental right.
Under Section 167 CrPC, if the chargesheet is not filed within the prescribed period (60/90 days), the accused is entitled to default bail. This is a right, not discretion — the Magistrate must grant it if applied for.
The Factories Act defines 'factory' as any premises with 10+ workers (with power) or 20+ workers (without power) where manufacturing is carried on. The Act ensures health, safety, and welfare of factory workers.
Section 45 of the Evidence Act makes expert opinion relevant on matters of foreign law, science, art, handwriting, or finger impressions. Experts assist the court but their opinion is not binding — the court can disregard it.
Under Order XXXIX CPC, temporary injunction requires: prima facie case in applicant's favour, balance of convenience favouring the applicant, and irreparable injury if injunction is not granted.
Under the Hindu Marriage Act, judicial separation (S.10) is a relief short of divorce — the parties remain married but are not obligated to cohabit. After one year of judicial separation, either party can seek divorce.
The National Green Tribunal, established under the NGT Act 2010, has jurisdiction over environmental disputes involving substantial questions relating to environment. It has original and appellate jurisdiction.
Section 24 of the Evidence Act excludes confessions caused by inducement, threat, or promise from a person in authority. The confession must be voluntary — any element of coercion vitiates it completely.
Check the referenced provision in the relevant Act to verify the answer.
The doctrine of lifting the corporate veil allows courts to look behind the company's separate legal personality in cases of fraud, tax evasion, enemy character, or when the company is used as a sham to defeat public policy.
Check the referenced provision in the relevant Act to verify the answer.
Under the Criminal Procedure Code, every offence is either cognizable (police can arrest without warrant) or non-cognizable (need warrant). The First Schedule classifies each IPC offence as either type.
Article 21A (inserted by 86th Amendment, 2002) makes education a fundamental right for children aged 6-14. The Right to Education Act, 2009 gives effect to this constitutional mandate.
Under the Specific Relief Act, specific performance is granted when monetary compensation is inadequate remedy. It is discretionary — the court considers whether damages would be sufficient, whether the contract is fair, and whether performance is possible.
Check the referenced provision in the relevant Act to verify the answer.
Section 113B of the Evidence Act creates a presumption of dowry death when a woman dies within 7 years of marriage under unnatural circumstances and was subjected to cruelty/harassment for dowry.
Under Hindu law, a joint Hindu family consists of persons lineally descended from a common ancestor and includes their wives and unmarried daughters. Coparcenary is a narrower concept — only those who can claim partition by birth.
Section 498A IPC (cruelty by husband/relatives) is a cognizable and non-bailable offence. Filing of false cases under S.498A has been a concern — the SC in Arnesh Kumar directed guidelines to prevent misuse.
Under the Indian Contract Act, a minor's agreement is void ab initio (Mohori Bibee v. Dharmodas Ghose). A minor cannot ratify the agreement on attaining majority, and the other party cannot claim restitution.
The Arbitration Act mandates that arbitral awards be in writing and signed by members of the tribunal. The award must state reasons (unless parties agree otherwise) and be dated and signed at the place of arbitration.
Under Section 20 CPC, a suit can be filed where the defendant resides or carries on business, or where the cause of action wholly or partly arises. This determines territorial jurisdiction for personal suits.
Check the referenced provision in the relevant Act to verify the answer.
The Indian Penal Code applies to: all persons within India, Indian citizens abroad (S.4), persons on Indian ships/aircraft, and persons targeting Indian computer resources. Extra-territorial jurisdiction is limited but exists.
Under the Consumer Protection Act, a 'consumer' includes both a buyer of goods and a hirer of services. A person who buys goods for commercial resale is NOT a consumer — only end-users are protected.
The principle of natural justice requires: nemo judex in causa sua (no one should judge their own case) and audi alteram partem (hear the other side). Both must be followed in judicial, quasi-judicial, and administrative decisions.
Under the Transfer of Property Act, an 'actionable claim' means a debt or beneficial interest in movable property not in the possession of the claimant. Assignment of actionable claims must follow Section 130 TPA.
The Hindu Adoption and Maintenance Act prescribes that only a Hindu can adopt a Hindu. The adoptive parent must have capacity (S.7-8), the child must be capable of being adopted (S.10), and conditions of S.11 must be met.
Check the referenced provision in the relevant Act to verify the answer.
Under CrPC, the Magistrate must explain the charge to the accused in a language they understand. The accused must be given opportunity to plead — guilty plea must be recorded in the accused's own words.
The Workmen's Compensation Act (now Employees Compensation Act) provides for fixed statutory compensation to employees for workplace injuries, disabilities, and death — regardless of employer's negligence.
Check the referenced provision in the relevant Act to verify the answer.
Under the Sale of Goods Act, implied conditions include: right to sell (S.14), description (S.15), quality and fitness (S.16), and sample (S.17). Breach of condition gives the buyer the right to reject goods.
Article 32 is a fundamental right itself — Dr. Ambedkar called it the 'heart and soul of the Constitution.' It guarantees the right to move the Supreme Court for enforcement of fundamental rights.
Under the Indian Registration Act, compulsory registration is required for: instruments transferring immovable property worth over Rs. 100, non-testamentary instruments creating interest in immovable property, and leases exceeding one year.
The doctrine of severability means if a law is partly constitutional and partly unconstitutional, the unconstitutional part can be struck down while the valid part survives — provided the two parts are separable.
Under Section 125 CrPC, a wife, minor children, and parents unable to maintain themselves can claim maintenance from a person with sufficient means. The provision is religion-neutral and protective in nature.
The Environmental Impact Assessment (EIA) process requires evaluation of potential environmental consequences before approving development projects. It includes screening, scoping, public hearing, and appraisal stages.
Check the referenced provision in the relevant Act to verify the answer.
Under the Companies Act, every company must have a registered office from the day of commencement of business. All communications and notices must be sent to this address, and it determines the company's domicile.
Section 65B of the Indian Evidence Act provides for admissibility of electronic records. A certificate under S.65B is mandatory for producing electronic evidence — this was settled in Anvar P.V. v. P.K. Basheer (2014).
Under the Arbitration Act, the arbitral tribunal's jurisdiction can be challenged under Section 16 (kompetenz-kompetenz principle) — the tribunal can rule on its own jurisdiction, including objections about the arbitration agreement's existence or validity.
The right to constitutional remedy (Article 32/226) includes five types of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. Each serves a different purpose in protecting citizen rights.
Check the referenced provision in the relevant Act to verify the answer.
Under the Indian Partnership Act, every partner has the authority to bind the firm by acts done in the ordinary course of the firm's business. This is called 'implied authority' — it arises from the partnership relationship itself.
The Contempt of Courts Act, 1971 defines two types: civil contempt (disobedience of court orders) and criminal contempt (acts scandalizing the court, prejudicing proceedings, or interfering with administration of justice).
Under Section 47 CPC, all questions arising between parties to a suit relating to execution, discharge, or satisfaction of a decree shall be determined by the court executing the decree. This is the executing court's inherent power.
Check the referenced provision in the relevant Act to verify the answer.
The Patents (Amendment) Act, 2005 made India's patent law TRIPS-compliant by introducing product patents for all fields of technology including pharmaceuticals and food. Previously, only process patents were granted for these.
Under CPC, a 'next friend' acts on behalf of a minor plaintiff (suing for the minor), while a 'guardian ad litem' represents a minor defendant. Neither can compromise the suit without court permission.
Pakala Narayan Swami v. Emperor is a leading case on confessions. The Privy Council defined confession as a statement that either admits guilt in terms or admits substantially all the facts which constitute the offence charged. A mixed statement partly inculpatory and partly exculpatory is NOT a confession.
Check the referenced provision in the relevant Act to verify the answer.
Under Section 38 of the Advocates Act, any person aggrieved by an order of the BCI disciplinary committee may appeal to the Supreme Court within 60 days. The SC can vary the punishment — even making it more severe after hearing the advocate.
Section 320 CrPC deals with compounding of offences. Certain offences can be compounded (settled between parties) — some with court permission, others without. Compounding ends prosecution and bars further proceedings on the same facts.