MCQ 2 November Oct 2023

Daily Static MCQs for Judiciary Prelims Exams - (2 November 2023)



Question/ Answer
Question1:-In which of the following cases, the Supreme Court has held that illegitimate child, born out of live-in-relationship cannot claim inheritance in coparcenary property?
  • 1. Gayatri Bajaj vs. Jitin Bhalla, AIR 2013 SC 102
  • 2. Anil Kumar Jain vs. Maya Jain, AIR 2010 SC 229
  • 3.Bharata Matha vs. Vijay Ranganathan, AIR 2010 SC 2685
  • 4. none of the above
Answer is 3 is correct. Supreme Court in 2010 dealt with two issues, first that whether long cohabitation between the parties raises the legal presumption of lawful wedlock? and second, whether the child born out of live-in-relationship will be eligible to claim inheritance? To which the court in the case of Bharata Matha vs. Vijay Ranganathan observed that long cohabitation does not amount to legal wedlock as the condition mentioned under Section 5(1) of the Hindu Marriage Act (hereinafter called Act) were not fulfilled. Further held that child born out of void or voidable marriage as per Section 16 of the Act is legitimate but can claim inheritance only in self-acquired property. Therefore option (3) is the correct answer.
Question2:-In which of the following cases, the Supreme Court has held that No court except the Supreme Court is competent to pass a decree for mutual divorce, if one of the consenting parties withdraws his/her consent before the decree is passed?
  • 1. Ashok Hurra vs. Rupa Bipin Zaveri, AIR 1997 SC 1266
  • 2. Sureshta Devi vs. Om Prakash AIR 1992 SC 1904
  • 3. Veena vs. State Govt. of NCT Delhi AIR 2011 SC 3469
  • 4. Anil Kumar Jain vs. Maya Jain AIR 2010 SC 229.
Answer is 4 is correct. In Anil Kumar Jain vs Maya Jain the Supreme Court held that “No court except the Supreme Court is competent to pass a decree for mutual divorce, if one of the consenting parties withdraws his/her consent before the decree is passed” and further observed that cooling-off period cannot be waived off by the parties or by Civil or High Court as the same gives an opportunity to both to reconsider reconciliation. Therefore option (4) is the correct answer.
Question3:-In which of the following cases, the Supreme Court has held that it is open to the donor to transfer by gift, title and ownership in the property and the same time reserve life time possession and enjoyment to himself?
  • 1. Lal Chand vs. Distt. Judge, Agra (1999) 8 SCC 351
  • 2. Nandilal vs. Moti Lal (1977) 3 SCC 500
  • 3. K. Balakrishnan vs. K. Kamalam (2004) 1 SCC 581
  • 4. Mansoor Khan vs. Motiram H. Kharat (2002) SCC 462
Answer is 3 is correct. In K. Balakrishnan vs. K. Kamalam the Supreme Court observed and made this statement. This case is related to gift to a minor whereby donor executed a gift deed in favor of a minor and later cancelled it and executed a Will deed and died. The appellant filed the suit claiming title on the basis of gift deed and further claiming that Will is ineffective and void in law. Trial court and later High court upheld that the gift deed is void as there was no acceptance but the Supreme Court held that “knowledge of gift deed to both the parents as natural guardians and the done is sufficient to indicate acceptance of the gift by the minor.” Therefore option (3) is the correct answer.
Question4:-The decree of restitution of conjugal rights can be enforced under which provision of CPC",
  • 1. Order 21 Rule 32
  • 2. Order 21 Rule 35
  • 3. Order 21 Rule 31
  • 4. Both (a) and (b)
Answer is 1 is correct. Order 21 deals with execution of decree and Rule 32(1) provides for the execution of decree of restitution of conjugal rights by attachment of the property. Rule 32(3) states where the attachment remained in force for six months if the judgment-debtor has not obeyed the decree and the decree-holder has applied to have the attached property sold, such property may be sold. Therefore option (1) is the correct answer.
Question5:-A voluntary gift without consideration of property or the substance of thing by one person to another so as to constitute the done the proprietor of the subject matter of the gift is known as
  • 1. Hiba
  • 2. Aariat
  • 3. Sadaqa
  • 4. Hiba-ba-shartul-iwaz
Answer is 1 is correct. Under Muslim law gift is called Hiba. It is voluntary transfer from one person to another without consideration. There are three requirements for a valid hiba- declaration, acceptance and delivery. Therefore option (1) is the correct answer.
Question6:-Acknowledgement after the period of limitation:",
  • 1. is of no effect
  • 2. gives valid effect
  • 3. depends on the circumstances of the case
  • 4. none of the above
Answer is 1 is correct. Section 18 of the Limitation Act talks about Effect of acknowledgment in writing, “Where a suit or application is in respect of any property or right, an acknowledgment of liability in respect of such property or right, made in writing signed by the party against whom the property or right is now claimed (or by his predecessor-in- interest), gives a fresh period of limitation, to be computed from the time when the acknowledgment was so signed.” Hence an acknowledgment after the period of limitation is of no effect and a valid acknowledgment to be made before the expiry of limitation period. Therefore option (1) is the correct answer.
Question7:-39th Amendment was held unconstitutional in the case of
  • 1. Keshvanand Bharti case
  • 2. Indira Gandhi vs. Raj Narain
  • 3. Minerva Mills vs. UOI
  • 4. None of the above
Answer is 2 is correct. In the case of Indira Gandhi vs. Raj Narain the Supreme Court held Act “The 39th amendment is violative of the principle of separation of power as it intently transferred a purely judicial function into the hands of the legislature. Further, he was certain that the said amendment is also violative of Article 14 as it created inequality for certain members against others”. Therefore option (2) is the correct answer.