MCQ 3 November 2023

Daily Static MCQs for Judiciary Prelims Exams - (3 November 2023)



Question/ Answer
Question1:-The Supreme Court in I. R. Coelho vs. State of Tamil Nadu (2007) pronounced that any law that abridges or abrogates any of the Fundamental Rights, even placed in the Ninth Schedule
  • 1. can be tested on the basis of basic structure only if it has been placed in the Ninth Schedule on or after 24 July, 1973
  • 2. cannot be tested unless it amends any provision constituting the golden triangle
  • 3.can still be tested on the basis of basic structure of the Constitution
  • 4. can be tested on the basis of basic structure only if it has been placed in the Ninth Schedule on or after 24 April, 1973
Answer is 4 is correct. Nine Judge’s bench decided this case of I.R. Coelho vs. State of Tamil Nadu, wherein the issue was whether 9 th Schedule is immune to judicial review of the Supreme Court? To which the court held that “any law that is violative of any rights in Part III is subsequently incorporated in the ninth schedule after 24 th April 1973, such a violation shall be open to challenge on the ground that it destroys the basic structure as indicated in Article 21, 14, 19 and the principles underlying thereunder.” Therefore option (4) is the correct answer.
Question2:-Henry VIII Clause relates to the power of
  • 1. inclusion
  • 2. supplying of details
  • 3. removing difficulties
  • 4. exemptions
Answer is 1 is correct. It is a power related to inclusion, wherein it empowers the Executive to make secondary legislations which are inconsistent or can amend, repeal with the primary legislations. Therefore option (1) is the correct answer.
Question3:-A gift by hiba-bil-iwaz
  • 1. can be revoked by the donor even after the delivery of hiba and after the delivery of iwaz
  • 2. cannot be revoked at all under any circumstances
  • 3. can be revoked by the donor before the delivery of possession of hiba
  • 4. can be revoked by the donor even after the delivery of or even after possession of hiba but before the delivery of iwaz
Answer is 4 is correct. Hiba-bil-iwaz is a type of gift where the donor gets something in return of another I.e. consideration. It becomes irrevocable once the iwaz is delivered to the donor. Therefore option (4) is the correct answer.
Question4:-Who was the Judge in famous case of Hadley vs Baxendale?
  • 1. Peters Anderson
  • 2. Tom Denning
  • 3. Edward Alderson
  • 4. Haldane
Answer is 3 is correct. Hadley vs Baxendale case deals with breach of contract. J. Edward Alderson held that when two parties enter into a contract and one of them breaks the contract the loss that the other party incurred should arise in the usual course of things. Where a special damage is incurred, a special loss is required to be shown by the other party. Therefore option (3) is the correct answer.
Question5:- What kinds of wrongs are not tort?
  • 1. Moral
  • 2. Religious
  • 3. Social
  • 4. All of the above
Answer is 4 is correct. All the above are not tort as the tort is defined as a civil wrong which arises out of breach of duty imposed by law and not otherwise. Therefore option (4) is the correct answer.
Question6:-In which of the following cases, the rule against perpetuity is not applicable under the Transfer of Property Act, 1882?",
  • 1. If the property is transferred for the purpose of a winery
  • 2. If the property is transferred for building a hospital for poor
  • 3. If the property is transferred for the benefit of lineal benefit decedents
  • 4. If the property is transferred for the purpose of creating a temple promoting Sati
Answer is 2 is correct. Rule of perpetuity is enshrined under Section 14 of the Transfer of Property Act, this rule is a legal principle that limits the transfer of property by way of a contingent or future interest and limits the transfer to life of the person plus 21 years. It is based upon a common law principal that no property to be tied up in perpetuity. Exceptions to this rule are transfer for the benefit of unborn child, advancement of religion, charitable trusts, leases, etc. Transfer for building the hospital for poor is a charitable trusts hence it is an exception to this rule. Though any transfer for advancement of religion is also included as an exception to this rule but under option (d) temple is promoting sati pratha which is not followed anymore in India therefore that is not an exception. Therefore option (2) is the correct answer.
Question7:-Which one of the following statements can be deemed to be promissory note?
  • 1. I promise to pay A, a sum of Rs. 70,000 on 1st September, 2023.
  • 2. I promise to pay a sum of Rs. 70,000 fifteen days after the marriage of my son.
  • 3. I promise to pay A, a sum of Rs. 70,000 after deducting the amount which he owes to me.
  • 4. I promise to pay A, a sum of Rs. 70,000 on B marriage provided I inherit the A property
Answer is 1 is correct. Promissory note as per Section 4 of Negotiable Instrument Act is defined as an instrument in writing (not being a bank-note or a currency-note) containing an unconditional undertaking, signed by the maker, to pay on demand or at a fixed or determinable future time a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument." Hence promise should be unconditional in nature, apart from option (a) where only a simple promise to return the amount is stated in all the other options there is some or the other condition which makes it as an invalid promissory note. Therefore option (1) is the correct answer.

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