MCQ 25 November 2023

Daily Static MCQs for Judiciary Prelims Exams - (25 November 2023)



Question/ Answer
Question1:- Proceedings under Order 7 Rule 10 under Code of Civil Proceedings to commence
  • 1. de novo
  • 2. from the stage where it was left or stopped
  • 3. it is the discretion of the court
  • 4. as the party wishes it to commence
Answer is 1 is correct. In EXL Careers vs. Frankfinn Aviation Services (2020) SC stated that the language of Rule 10 is different from Section 24(2) and 25(3) of CPC. Where case is to transfer from a court having jurisdiction to another court then discretion of the court can be made but otherwise the proceedings to commence de novo. Therefore option (1) is the correct answer
Question2:- A buys goods from B, knowing that he is an agent for their sale, but not knowing who is the principal. B’s principal is the person entitled to claim from
  • 1. B the price of the goods, and can in a suit by the principal, set-off against that claim a debt due to himself from A
  • 2. A the price of the goods, and can in a suit by the principal, set-off against that claim a debt due to himself from B
  • 3. A and B the price of the goods, and can in a suit by the principal, set-off against that claim
  • 4. A the price of the goods, and A cannot, in a suit by the principal, set-off against that claim a debt due to himself from B
Answer is 4 is correct. As per Section 226 of Indian Contract Act which deals with Enforcement and consequences of agent’s contracts, Contracts entered into through an agent, and obligations arising from acts done by an agent, may be enforced in the same manner, and will have the same legal consequences, as if the contracts had been entered into and the acts done by the principal in person. Therefore option (4) is the correct answer.
Question3:- Mark the correct statement
  • 1. The employer of an principal is bound to indemnify him against the consequences of all lawful acts done by such principal in exercise of the authority conferred upon him.
  • 2. The employer of an agent is bound to indemnify him against the consequences of all lawful acts done by such agent in exercise of the authority conferred upon him.
  • 3. The employer of an agent is bound to indemnify him against the consequences of all lawful as well as unlawful acts done by such agent in exercise of the authority conferred upon him.
  • 4. The employer of an agent is bound to indemnify him against the consequences of all lawful acts done by such principal in exercise of the authority conferred upon him.
Answer is 2 is correct. As per Section 222 Agent to be indemnified The employer of an agent is bound to indemnify him against the consequences of all lawful acts done by such agent in exercise of the authority conferred upon him. Therefore option (2) is the correct answer.
Question4:- A directs B to sell A’s estate B, on looking over the estate before selling it, finds a mine on the estate which is unknown to A. B informs A that he wishes to buy the estate for himself, but conceals the discovery of the mine. A allows B to buy, in ignorance of the existence of the mine
  • 1. A, on discovering that B knew of the mine at the time he bought the estate, may either repudiate and adopt the sale at his option
  • 2. A, on discovering that B knew of the mine at the time he bought the estate, may repudiate only
  • 3. A, on discovering that B knew of the mine at the time he bought the estate, may neither repudiate or adopt the sale at his option
  • 4. A, on discovering that B knew of the mine at the time he bought the estate only adopt the sale at his option
Answer is 1 is correct. As per Section 215 of the Indian Contract Act Right of principal when agent deals on his own account, in business of agency without principal’s consent then principal may repudiate the transaction or sell it. Therefore option (1) is the correct answer.
Question5:-When a thing which is commonly the subject of sale is lost, if the owner cannot with reasonable diligence be found, or if he refuses upon demand, to pay the lawful charges of the finder, the finder may sell it
  • 1. when the thing is in danger of perishing or of losing the greater part of its value,
  • 2. when the lawful charges of the finder, in respect of the thing found, amount to two-thirds of its value
  • 3. Both (a) or (b)
  • 4. Both (a) and (b)
Answer is 3 is correct. As per Section 169 of the Indian Contract Act finder may sell the lost item if the thing is danger of perishing or when lawful charges of finding increase 2/3 rd of its value. Therefore option (3) is the correct answer.
Question6:- A lends a horse to B for his own riding only. B allows C, a member of his family, to ride the horse. C rides with care, but the horse accidentally falls and is injured
  • 1. B is not liable to make compensation to A for the injury done to the horse as C took reasonable care while riding as per Section 153 of Indian Contract Act
  • 2. B is liable to make compensation to A for the injury done to the horse as per Section 154 of Indian Contract Act
  • 3. B is not liable to make compensation to A for the injury done to the horse as per Section 156 of Indian Contract Act
  • 4. B is liable to make compensation to A for the injury done to the horse as per Section 153 of Indian Contract Act
Answer is 2 is correct. B is liable to make compensation to A for the injury done to the horse as per Section 154, which states liability of the bailee making unauthorised use of goods bailed. Therefore option (2) is the correct answer.
Question7:- The State Government, may after consultation with the concerned High Court, by notification, constitute such number of Commercial Courts at State level, as it may deem necessary for the purpose of exercising the jurisdiction and powers conferred on those Courts under this Act, this statement is?
  • 1. False as per Section 3 of the Act
  • 2. False as per Section 4 of the Act
  • 3. True as per Section 3 of the Act
  • 4. True as per Section 4 of the Act
Answer is 1 is correct. Constitution of commercial court is provided under Section 3 of the Commercial Courts Act clause (1) states The State Government, may after consultation with the concerned High Court, by notification, constitute such number of Commercial Courts at District level, as it may deem necessary for the purpose of exercising the jurisdiction and powers conferred on those Courts under this Act. Therefore option (1) is the correct answer.

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