94 questions · Correct answers · Bare act strategy · Step-by-step walkthroughs
Section 13(1A)(ii) HMA allows EITHER party to a marriage to seek divorce if conjugal rights haven't been restored for one year after a restitution decree. The key word is 'either party' — both the petitioner and respondent in the original restitution case can use this ground.
Section 15 of the Prohibition of Child Marriage Act, 2006 explicitly makes all offences under the Act cognizable AND non-bailable. This ensures police can arrest without warrant and bail is not a matter of right — reflecting the seriousness of child marriage offences.
Arbitration is classified as a quasi-judicial proceeding — it involves a private tribunal making binding decisions on disputes, applying principles of natural justice, but it is not a court proceeding. The arbitrator acts like a judge but is appointed by parties, not by the state.
Ad hoc arbitration is where parties manage everything themselves without any institutional administration — they set their own rules, choose the seat, language, scope, and procedure. Contrast with institutional arbitration (administered by bodies like ICC, LCIA, SIAC) which provides established rules and administrative support.
Pick up Code of Civil Procedure, 1908 and turn to Section 2(12)
1. Pick up CPC. 2. Go to Section 2 — Definitions. 3. Check each sub-clause number in options. 4. Section 2(12) → 'mesne profits' definition. ✓
Section 2(12) CPC defines 'mesne profits' as profits received by a person in wrongful possession of property from the rightful owner. It includes what the person actually received or could have received with ordinary diligence, minus necessary expenses for preservation.
The Supreme Court classified presumptions into three types: (1) May presume (discretionary/rebuttable), (2) Shall presume (mandatory/rebuttable), and (3) Conclusive presumption (irrebuttable/cannot be challenged). This classification comes from the Evidence Act framework under Sections 4, 79-90, 113-114.
Maneka Gandhi v. Union of India (1978) is the landmark case where the SC held that the right to life under Article 21 includes the right to live with dignity, and that the procedure depriving a person of life/liberty must be 'fair, just and reasonable' — not merely any procedure established by law.
The Advocates Act, 1961 came into force on 19th June 1961. It consolidated the law relating to legal practitioners, established Bar Councils at state and national levels, and created a unified framework for the legal profession across India, replacing multiple pre-existing enactments.
When a railway servant is killed in a bus accident during the course of employment (traveling for duty), compensation is payable. The question tests which law applies — the Employees Compensation Act (formerly Workmen's Compensation Act) or the Railway Claims Tribunal Act, depending on the accident circumstances.
'Casting Couch' describes demanding sexual favors in exchange for professional advancement — this constitutes sexual harassment. Under the POSH Act, 2013 and criminal law, such behavior is punishable. It's a clear example of quid pro quo sexual harassment in the workplace.
Pick up Motor Vehicles Act, 1988 and turn to Section 2(28)
1. Pick up MV Act, 1988. 2. Go to Section 2 — Definitions. 3. Find the definition of 'motor vehicle' — mechanically propelled, adapted for roads, excludes fixed rail vehicles.
Section 2(28) of the Motor Vehicles Act, 1988 defines 'motor vehicle' to include any mechanically propelled vehicle adapted for use upon roads, whether its power of propulsion is transmitted thereto from an external or internal source. It excludes vehicles running on fixed rails.
The National Consumer Disputes Redressal Commission under the Consumer Protection Act consists of a President (who is or has been a Supreme Court Judge) and not less than 4 members, one of whom shall be a woman. This composition ensures judicial expertise and gender representation.
Pick up Hindu Adoptions and Maintenance Act, 1956 and turn to Check options
1. Pick up HAMA 1956. 2. Check each section number in the options. 3. Find the one dealing with the specific adoption provision asked.
The Hindu Adoption and Maintenance Act, 1956 provisions on adoption require specific conditions — the section in question likely deals with who can take in adoption, valid adoption requirements, or the effects of adoption. Check each section number against the Act.
This question tests recall of the first PIL-related SC judgment on a specific legal principle. Key PIL landmarks: Hussainara Khatoon (speedy trial), S.P. Gupta (judges transfer/locus standi), Bandhua Mukti Morcha (bonded labour), M.C. Mehta (environment). The answer depends on the specific principle described.
The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal (1989) deals with international movement of hazardous waste. It aims to reduce hazardous waste generation, restrict transboundary movement, and ensure environmentally sound management.
Cyber crime is both civil and criminal in nature. Some cyber offences attract criminal penalties (hacking, identity theft under IT Act), while others give rise to civil liability (data breaches causing financial loss, defamation online). The IT Act 2000 provides for both criminal prosecution and civil remedies.
Section 2(5) CPC defines 'Foreign Court' as a court situate outside India and not established or continued by the authority of the Central Government. Indian courts in foreign territories (like consular courts) are NOT foreign courts under this definition.
Misuse of PIL includes filing petitions for personal gain, political vendetta, commercial rivalry, publicity seeking, or to settle personal scores under the guise of public interest. The SC has repeatedly warned against such abuse and imposed costs on frivolous PIL petitioners.
Procedural ultra-vires means an authority has the substantive power to act but has exercised it without following the prescribed procedure. The action may be within the authority's jurisdiction but is invalidated because mandatory procedural requirements were not complied with.
'Error of law apparent on the face of the record' is a ground for issuing a writ of certiorari. The High Court or Supreme Court can quash a decision if there is a manifest legal error visible from the record itself, without needing to examine external evidence.
Pick up Code of Civil Procedure, 1908 and turn to Various
1. Pick up CPC. 2. Check each provision-subject pair given in the options. 3. Verify against actual CPC text. 4. The mismatched pair = answer.
This tests identification of incorrect CPC matches between provisions and their subjects. CPC has many numbered provisions — the question requires checking each match against the actual Act to find the wrong pairing.
The limitation period for expeditious disposal of suits varies by type. The question tests the specific time limit under the Limitation Act, 1963 or CPC amendments regarding speedy trial mandates. Commercial courts have stricter timelines than regular civil courts.
Under Section 29 CrPC (now BNSS S.24), a Chief Judicial Magistrate may pass any sentence authorized by law except a sentence of death or imprisonment for life or imprisonment exceeding 7 years. This is lower than a Sessions Judge (any sentence) but higher than a First Class Magistrate (up to 3 years).
Pick up Indian Penal Code, 1860 and turn to Sections 212, 216
Look up the referenced provision in Indian Penal Code, 1860 to verify the correct answer.
Harbouring an offender who has escaped from custody or whose apprehension has been ordered is an offence under the IPC. The specific section depends on the type of offence — Sections 212, 216, 216A IPC deal with different aspects of harbouring offenders.
'Actus non facit reum nisi mens sit rea' means 'the act itself does not make a person guilty unless the mind is also guilty.' This is the foundational criminal law principle requiring both a guilty act (actus reus) and guilty mind (mens rea) for criminal liability.
Pick up Indian Contract Act, 1872 and turn to Section 73
1. Pick up Indian Contract Act. 2. Go to Section 73. 3. Read: compensation for breach = loss naturally arising + loss parties knew would result.
Section 73 of the Indian Contract Act deals with compensation for loss or damage caused by breach of contract. The aggrieved party can claim compensation for loss or damage naturally arising from the breach, or which the parties knew at the time of contract would likely result from the breach.
Section 5 of the Specific Relief Act read with CPC provides for recovery of specific immovable property. The plaintiff can sue for possession, and the court can order delivery of the property through its execution machinery under CPC.
Under the LARR Act 2013, the Commissioner for Rehabilitation and Resettlement is appointed by the appropriate Government (Central or State). This officer oversees the rehabilitation and resettlement process for persons displaced by land acquisition.
Pick up Code of Criminal Procedure, 1973 and turn to Section 109
1. Pick up CrPC. 2. Go to Section 109. 3. Check the bond period/amount prescribed.
Section 109 CrPC deals with security for good behaviour from suspected persons. The bond period for security under this section is limited to a specific duration. Check the section to verify the maximum period mentioned in the options.
Pick up Code of Criminal Procedure, 1973 and turn to Section 125 (pre/post 2001 amendment)
1. Pick up CrPC. 2. Go to Section 125. 3. Note: the Rs. 500 ceiling was removed by CrPC Amendment Act, 2001.
The old Rs. 500 monthly maintenance limit under S.125 CrPC was removed by the 2001 amendment, which gave Magistrates discretion to fix maintenance amounts based on the parties' income and circumstances. The ceiling removal modernized the provision.
WIPO stands for 'World Intellectual Property Organization' — a UN specialized agency based in Geneva that administers international IP treaties including the Paris Convention, Berne Convention, and PCT. It has 193 member states.
Health and Education Cess at 4% is applicable to the total income tax and surcharge payable. It replaced the earlier 3% cess (2% education + 1% higher education). The cess funds health and education initiatives and applies to all taxpayers regardless of income level.
Pick up Code of Civil Procedure, 1908 and turn to Section 10
1. Pick up CPC. 2. Go to Section 10 — Stay of suit. 3. Read: later suit stayed if earlier suit pending between same parties on same matter.
Section 10 CPC embodies the principle of 'stay of suit' — where a previously instituted suit is pending between the same parties on the same matter in a court competent to grant the relief, the later suit is stayed. This prevents parallel proceedings and conflicting decisions.
Pick up Code of Civil Procedure, 1908 and turn to Section 11, Explanation IV
1. Pick up CPC. 2. Go to Section 11 — Res Judicata. 3. Read Explanation IV: constructive res judicata — matters that could have been raised are deemed raised.
Constructive res judicata is contained in Explanation IV to Section 11 CPC. It provides that any matter which might and ought to have been raised as a ground of attack or defense in the former suit shall be deemed to have been directly in issue — even if not actually raised.
This question tests recall of a specific Delhi High Court pronouncement on constitutional matters. Key Delhi HC constitutional decisions include cases on Article 21 rights, reservation policies, and governance issues specific to Delhi's unique administrative structure.
Pick up Code of Civil Procedure, 1908 and turn to Section 89
1. Pick up CPC. 2. Go to Section 89 — Settlement of disputes outside the Court. 3. Verify: this is the ADR reference provision.
Section 89 CPC provides for reference to arbitration and other ADR mechanisms. When elements of a settlement appear acceptable, the court can refer parties to arbitration, conciliation, judicial settlement (Lok Adalat), or mediation. This is the bridge between litigation and ADR.
Subsequent conduct evidence refers to behavior of parties after a transaction that may be relevant to interpreting the transaction. Under the Evidence Act, this type of evidence falls under specific relevancy provisions — the question tests which category applies.
Freedom of residence under Article 19(1)(e) guarantees every citizen the right to reside and settle in any part of India. Reasonable restrictions can be imposed under Article 19(5) in the interests of the general public or for the protection of Scheduled Tribes.
Pick up Indian Evidence Act, 1872 and turn to Section 17
1. Pick up Evidence Act. 2. Go to Section 17 — 'Admission defined.' 3. Read the definition.
Section 17 of the Indian Evidence Act defines admissions. An admission is a statement, oral or documentary, which suggests any inference as to any fact in issue or relevant fact, made by any of the persons and under the circumstances specified in the Act.
This tests case law recall about a specific SC holding on legal principles. Identify the case from the options and match it to the described principle — whether it's about fundamental rights, procedural fairness, or statutory interpretation.
Under CPC, if a party who obtained leave to amend their pleading fails to amend within the time granted by the court, the order for leave is treated as having been vacated. The party loses the right to amend and must proceed with the original pleading.
Section 35 of the Advocates Act, 1961 deals with punishment of advocates for professional misconduct. The disciplinary committee of the State Bar Council can reprimand, suspend, or remove an advocate from the roll for proven misconduct.
Pick up Indian Penal Code, 1860 and turn to Section 304A
1. Pick up IPC. 2. Check each section in options. 3. Section 304A → 'Causing death by negligence.' ✓ This is the professional negligence section.
Professional negligence (medical negligence, legal malpractice etc.) is often invoked under Section 304A IPC, which deals with causing death by negligence. The section doesn't require criminal intent — rash or negligent conduct causing death suffices.
Perpetual injunction may be granted under Section 38 of the Specific Relief Act, 1963 when the defendant invades or threatens to invade the plaintiff's right to enjoyment of property, when the defendant has breached an obligation, or when the defendant threatens to act in breach of an obligation.
An advocate's paramount duty is to uphold the rule of law and ensure the administration of justice. This obligation supersedes the duty to the client — an advocate cannot assist in violating the law even at the client's instruction.
Pick up Companies Act, 2013 and turn to Section 8
1. Pick up Companies Act. 2. Go to Section 8 — Formation of companies with charitable objects. 3. Read the provision.
Section 8 of the Companies Act, 2013 deals with formation of companies with charitable objects (Section 8 companies). These are not-for-profit companies formed for promoting commerce, art, science, education, sports, social welfare, research, or other charitable purposes.
The verification of registered office address must be filed with the Registrar of Companies within 30 days of incorporation. This ensures that the company has a physical address where official communications can be sent and records can be maintained.
Cyber law encompasses legal issues related to the internet, digital communication, and information technology. It deals with cybercrimes, e-commerce, electronic governance, data protection, digital signatures, and online intellectual property disputes.
Compensation to railway employees by the railway administration is governed by the Employees Compensation Act, 1923 (formerly Workmen's Compensation Act). The Act provides for fixed statutory compensation for workplace injuries, disability, and death.
The minimum compensation payable under the Employees Compensation Act varies by type of injury. For death, it is 50% of monthly wages multiplied by the relevant factor. For permanent total disability, it is 60% of monthly wages multiplied by the relevant factor.
A company wanting to protect its logo exclusively should register it as a trademark under the Trade Marks Act, 1999. Trademark registration gives the owner exclusive right to use the mark and prevents others from using identical or deceptively similar marks.
Pick up Arbitration and Conciliation Act, 1996 and turn to Check options
1. Pick up ACA 1996. 2. Check each section number in options. 3. Match to the described provision.
The Arbitration and Conciliation Act has specific sections dealing with different aspects. The question asks which section covers a particular topic — check each option against the Act to find the correct provision.
Under CrPC, the officer in charge of a police station (Station House Officer/SHO) shall record the information relating to cognizable offences. Section 154 mandates that every information relating to a cognizable offence shall be reduced to writing by the SHO.
This tests a specific CrPC provision — likely about powers of different courts, bail provisions, or procedural requirements. Check the statement against the actual CrPC text to identify the correct or incorrect proposition.
Article 33 of the Constitution empowers Parliament to restrict or abrogate fundamental rights of armed forces members, paramilitary forces, intelligence agencies, and persons employed in maintaining public order. This ensures military discipline is not undermined by individual rights claims.
This question tests identification of false statements about a legal concept. Read each statement carefully and compare against the actual legal position to identify the incorrect one. The false statement will contain a subtle error in law.
Section 89 CPC provides for settlement of disputes outside the court through ADR mechanisms — arbitration, conciliation, judicial settlement (Lok Adalat), or mediation. The court can refer parties to any of these methods when settlement elements appear acceptable.
The Indian Evidence Act, 1872 came into force on 1st September 1872. It was enacted during British rule to consolidate the law of evidence, replacing diverse local practices with a uniform evidence framework applicable throughout British India.
Article 315 of the Constitution provides for the establishment of Public Service Commissions — the Union Public Service Commission (UPSC) at the central level and State Public Service Commissions at the state level. Joint PSCs for two or more states are also provided for.
Section 43 CrPC allows any private person to arrest someone who commits a non-bailable and cognizable offence in their presence, or any proclaimed offender. The arrested person must be handed over to police without unnecessary delay.
A warrant of arrest remains in force until it is cancelled by the court that issued it, or until it is executed. Unlike summons, warrants do not expire on a specific date — they remain valid indefinitely until recalled or served.
Pick up Income Tax Act, 1961 and turn to Section 32(1)(iia)
1. Pick up IT Act. 2. Go to Section 32(1)(iia). 3. Read: additional depreciation = 20% of actual cost of new machinery.
Additional depreciation under Section 32(1)(iia) of the Income Tax Act allows manufacturing companies to claim 20% additional depreciation on new plant and machinery (over and above normal depreciation). This incentivizes capital investment in manufacturing.
Pick up Income Tax Act, 1961 and turn to Section 24
1. Pick up IT Act. 2. Go to Section 24 — Deductions from income from house property. 3. Read: standard deduction of 30% of NAV + interest on borrowed capital.
Section 24 of the Income Tax Act allows deduction of 30% of net annual value as a standard deduction from income from house property, plus interest on borrowed capital (subject to limits). For self-occupied property, the interest deduction is capped at Rs. 2 lakh.
The test of reasonableness is not wholly subjective — it has objective elements too. Courts assess restrictions on fundamental rights using both subjective purpose (legislative intent) and objective application (proportionality, necessity). The contours are determined by judicial interpretation on a case-by-case basis.
Under the Constitution, the power to enact citizenship laws resides with Parliament under Article 11 read with Entry 17 of List I (Union List). Parliament enacted the Citizenship Act, 1955 under this power. States have no power over citizenship legislation.
Promissory estoppel against government agencies was decided in Union of India v. Anglo Afghan Agencies (or Motilal Padampat v. State of UP, depending on options). The SC held that the government cannot resile from a promise if a party has acted on it to their detriment.
Pick up Indian Contract Act, 1872 and turn to Section 56
1. Pick up Indian Contract Act. 2. Section 56 → 'Agreement to do impossible act' / Frustration of contract.
Section 56 of the Indian Contract Act deals with frustration of contract — an agreement to do an impossible act is void, and a contract becomes void when performance becomes impossible or unlawful after formation due to an event the promisor couldn't prevent.
Admissions under the Evidence Act can be broadly categorized into: (1) Judicial admissions (formal admissions made in pleadings or in court), and (2) Extra-judicial admissions (informal admissions made outside court proceedings). Some also add a third category: admissions by conduct.
Pick up Indian Evidence Act, 1872 and turn to Section 66
Look up the referenced provision in Indian Evidence Act, 1872 to verify the correct answer.
This question was withdrawn by BCI. Section 66 of the Evidence Act provides rules about giving notice before producing secondary evidence under Section 65(a). Notice must be given to the party holding the original document before secondary evidence can be admitted.
'Res Ipsa Loquitur' means 'the thing speaks for itself.' In tort law, it creates a presumption of negligence when: (1) the accident wouldn't normally occur without negligence, (2) the instrumentality was under defendant's control, and (3) plaintiff didn't contribute to the injury.
The Justice Verma Committee (2013) was constituted after the Nirbhaya gang-rape case and led to the Criminal Law (Amendment) Act, 2013. The committee recommended broader definition of sexual offences, harsher punishments, and new offences like stalking, voyeurism, and acid attacks.
Under CrPC, non-cognizable offences are those where police cannot arrest without a warrant or investigate without Magistrate's permission. The scheme requires the complainant to approach the Magistrate who then directs investigation — this protects against police overreach in minor matters.
The 'Objective Resolution' was moved by Jawaharlal Nehru in the Constituent Assembly on 13th December 1946. It laid down the ideals and objectives of the Constitution — sovereignty of the people, justice, equality, and freedom — and later became the foundation for the Preamble.
The right to property was removed from the list of Fundamental Rights by the 44th Constitutional Amendment Act, 1978. It was moved to Article 300A as a constitutional right (not fundamental right). The Morarji Desai government passed this amendment.
Pick up Indian Evidence Act, 1872 and turn to Section 17-21
Look up the referenced provision in Indian Evidence Act, 1872 to verify the correct answer.
When the accused makes a statement like 'I will produce the share which I gave,' this constitutes an admission by the accused. Under the Evidence Act, admissions by parties are relevant and admissible, though they are not conclusive proof.
The rule of strict liability was established in Rylands v. Fletcher (1868). The principle: a person who brings and keeps a dangerous thing on their land is liable for all damage if it escapes, regardless of fault or negligence. No intent or carelessness needs to be proved.
The 'Rule of Last Opportunity' (also called 'last clear chance doctrine') was laid down in Davies v. Mann (1842). It provides that despite the plaintiff's contributory negligence, the defendant is liable if they had the last clear opportunity to avoid the accident and failed to do so.
Pick up Constitution of India and turn to Case Law
Look up the referenced provision in Constitutional Law to verify the correct answer.
This tests recall of the specific case where the SC held that constitutional rights conferred on citizens cannot be taken away. Key cases: Golak Nath (FRs can't be amended), Kesavananda (basic structure can't be altered), Minerva Mills (judicial review is basic structure).
Under Order IV Rule 1 CPC, a plaint must be presented in court along with the prescribed court fee. The suit is deemed instituted on the date the plaint is presented to the proper officer. Proper presentation with correct fee is essential for the suit to be validly instituted.
Pick up Code of Civil Procedure, 1908 and turn to Section 82
1. Pick up CPC. 2. Go to Section 82 — Execution of decree against government.
When a decree is passed against the Union of India or a State Government for payment of money, execution follows special rules. The government typically gets time to arrange payment through budgetary allocation, and property of the sovereign cannot be attached.
The Hindu Marriage Act, 1955 came into force on 18th May 1955. It reformed Hindu marriage law, introducing provisions for monogamy, grounds for divorce, judicial separation, and registration of marriages, replacing diverse customary practices.
Pick up Hindu Succession Act, 1956 and turn to Section 30
1. Pick up Hindu Succession Act. 2. Go to Section 30 — Testamentary succession. 3. Check which properties can be disposed of by will.
Section 30 of the Hindu Succession Act, 1956 allows a Hindu to dispose of their property by will or other testamentary disposition. This section applies to both self-acquired and undivided coparcenary interest. The question tests which properties fall under this provision.
The State Bar Council membership is limited to a maximum number prescribed by the Advocates Act. This ensures that the council remains manageable while representing the state's advocates adequately through elected and nominated members.
The Specific Relief Act, 1963 contains provisions for specific performance of contracts, rectification/rescission/cancellation of instruments, declaratory decrees, and injunctions (both temporary and perpetual). The question tests the total number of sections or chapters.
The SC has criticized PILs filed 'ostensibly in public interest but in fact to serve personal or political agendas.' Such misuse undermines the PIL mechanism designed to protect disadvantaged groups. The court has imposed exemplary costs on frivolous PIL petitioners.
Filing frivolous PILs results in: dismissal with costs, imposition of exemplary/punitive costs, potential contempt proceedings, and waste of judicial time. The SC in Dattaraj Nathuji Thaware and other cases imposed heavy costs to deter PIL abuse.
Pick up Indian Penal Code, 1860 and turn to Section 84
1. Pick up IPC. 2. Go to Section 84 — Act of a person of unsound mind. 3. Read: person of unsound mind incapable of knowing nature/wrongfulness = not an offence.
Under Section 84 IPC, nothing is an offence done by a person of unsound mind who, at the time of the act, is incapable of knowing the nature of the act or that it is wrong or contrary to law. Z acting under madness may not be guilty if the conditions of Section 84 are met.
Protection against arrest and detention in certain cases is provided under Article 22 of the Constitution. It guarantees: right to be informed of grounds of arrest, right to consult a lawyer, right to be produced before a Magistrate within 24 hours, and protection against preventive detention beyond specified periods.
Article 300A was introduced by the 44th Amendment Act, 1978 as a constitutional right (replacing the former fundamental right to property). It states: 'No person shall be deprived of his property save by authority of law.' It is now a legal right, not a fundamental right.
Pick up Muslim Personal Law (Shariat) Application Act, 1937 and turn to Check options
1. Pick up Shariat Act, 1937. 2. Check each section in options to find the one matching the described provision.
The Muslim Personal Law (Shariat) Application Act, 1937 applies Islamic personal law to Muslims in matters of marriage, succession, inheritance, and other personal matters. The specific section tested in the question deals with the scope of application of Shariat law.
Pick up Code of Criminal Procedure, 1973 and turn to Section 465
1. Pick up CrPC. 2. Go to Section 465. 3. Read: irregularities curable unless failure of justice resulted.
Section 465 CrPC deals with curing irregularities in proceedings. It provides that proceedings cannot be set aside merely because of an error, omission, or irregularity, unless a failure of justice has actually occurred. This saves proceedings from technical objections.
Pick up Procedural Law and turn to General Concept
Look up the referenced provision in Procedural Law to verify the correct answer.
A de novo trial means a completely fresh trial — the case is heard again from the beginning as if no previous trial had occurred. All evidence must be re-recorded, arguments re-heard, and a new judgment delivered. This differs from remand, where only specific issues are retried.
Under the LARR Act 2013, when the Central Government acquires land for public purposes, specific procedures must be followed including Social Impact Assessment, prior consent of affected families (for private companies — 80%, for PPP projects — 70%), and fair compensation at market value or higher.
A company that is not a domestic company (i.e., a foreign company) pays income tax at the rate of 40% on its income in India, plus applicable surcharge and cess. Domestic companies pay lower rates (25% or 30% depending on turnover). This rate differential reflects the policy of encouraging domestic incorporation.