MCQ 19 September 2024

Daily MCQs for Judiciary Prelims Exams - (19 September 2024)



Question/ Answer
Question1:- Which of the following propositions for distinguishing between a lease and a licence was made by Justice J Subba Rao in Associated Hotels of India v. RN Kapoor?
  • a) To ascertain whether a document creates a lease or a licence, the form of the document must be preferred to its substance
  • b) The real test is the intention of the parties, whether they intended to create a lease or a licence
  • c) If the document creates an interest in the property, it is a licence; but, if it only permits another to make use of the property, of which legal possession continues with the owner, it is a lease
  • d) Both A and B
Answer is B is correct. The real test is the intention of the parties, whether they intended to create a lease or a licence. Therefore, option (b) is the correct answer.
Question2:- Which of the following sections of the provisions of the Transfer of Property Act, 1882 deal with relief against forfeiture for the non-payment of rent?
  • a) Section 114
  • b) Section 114A
  • c) Section 113
  • d) Section 113A
Answer is A is correct. Refer Section 114 of Transfer of Property Act, 1882. Therefore, option (a) is the correct answer.
Question 3:- Which of the following statements is true regarding definitions given under the Transfer of Property Act, 1882?
  • a) Term ‘instrument’ means testamentary and non- testamentary instrument
  • b) Term ‘actionable claims’ include debt secured by mortgage on the residential house
  • c) The term ‘attached to earth’ will not means trees and shrubs
  • d) The term ‘attested’ means attested by two or more witness
Answer is D is correct. Refer Section 3 of TPA, 1882. Therefore, option (d) is the correct answer.
Question4:- Husband of a female Hindu dying intestate as her heir finds his place in
  • a) Entry (D) of section 15(1) of Hindu Succession Act
  • b) Entry (C) of section 15(1) of Hindu Succession Act
  • c) Entry (B) of section 15(1) of Hindu Succession Act
  • d) Entry (A) of section 15(1) of Hindu Succession Act
Answer is D is correct. The husband of a female Hindu dying intestate finds his place in Entry (A) of Section 15(1) of the Hindu Succession Act. According to this section, the property of a female Hindu dying intestate shall devolve firstly upon the sons and daughters (including the children of any pre- deceased son or daughter) and the husband. Therefore, option (d) is the correct answer.
Question5:- A marriage solemnised between any two Hindus in violation of section 5(iii) of Hindu Marriage Act as to the requirement of age, shall be
  • a) Valid
  • b) Invalid
  • c) Voidable
  • d) Void
Answer is A is correct. It is valid but punishable. Refer Section 5(iii) and Section 18(a) of Hindu Marriage Act, 1955. Therefore, option (a) is the correct answer.
Question6:- Which of the following is true with respect to executing court’s power under Section 47?
  • a) An auction-purchase cannot apply or raise a question under Section 47
  • b) An executing court cannot go behind a decree and decide whether the decree is erroneous
  • c) A party to a suit cannot set up inherent lack of jurisdiction in the court which passed the decree
  • d) None of the above
Answer is B is correct. Refer Section 47 of Civil Procedure Code. Therefore, option (b) is the correct answer.
Question7:- Which of the following orders of Executing Court are not appealable as a decree:
  • a) Garnishee order
  • b) Order adjudicating a claim or objection under order XXI rule 58
  • c) Order deciding Application of a person dispossessed under rule 99
  • d) Order refusing to entertain objection under rule 58
Answer is D is correct. Refer Rule 58 of the Civil Procedure Code. Therefore, option (d) is the correct answer.

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