MCQ 7 November 2023

Daily Static MCQs for Judiciary Prelims Exams - (7 November 2023)



Question/ Answer
Question1:- A suit to redeem or recover possession of immovable property mortgaged can be brought by the mortgagor within a period of
  • 1. 30 years
  • 2. 12 years
  • 3. 6 years
  • 4. 3 years
Answer is 1 is correct. As per Section 58 of the Transfer of Property Act, Mortgage is the transfer of an interest in specific immoveable property for the purpose of securing the payment of money advanced to another person. A suit can be filed to redeem i.e. to get back or recover possession of such mortgaged property within 30 years according to Article 61 of the Limitation Act. Therefore option (1) is the correct answer.
Question2:- Which of the following postulates is/are sine qua non for basing a claim on section 53A of the Transfer of property Act, 1882?
  • 1. The contract should have been in writing signed by the transferor.
  • 2. The transferee should have taken possession of the immovable property covered by the contract.
  • 3. The transferee already in possession should have done some act in furtherance of the contract.
  • 4. The transferee already in possession may not have done some act in furtherance of the contract.
Answer is 1 is correct. Section 53A of the Transfer of property Act deals with part performance, where a person had paid a part of consideration and secured his possession in the property the other party is bound by such performance if the same is in writing and signed by the transferor and later he cannot deny the possession. Therefore option (1) is the correct answer.
Question3:- In which of the following cases it was held that the accused cannot use the diary? Neither the accused nor his counsel can requisition the case diary and they cannot claim to go through it?
  • 1. State of U.P. vs. Harish Chandra Singh
  • 2. Madhu Limaye vs. Union of India
  • 3. Mukund Lal vs. Union of India
  • 4. J.M. Desai vs. State of Bombay
Answer is 3 is correct. Supreme Court in Mukund Lal v. Union of India held that “Case Diary under Section 172 of CrPC contains not only the statements of witnesses recorded under Section 161 of CrPC, and the site plan or other documents prepared by the Investigating Officer.” Therefore option (3) is the correct answer.
Question4:- Which of the following term means “under consideration of a Court of Law”?
  • 1. Sine quo non
  • 2. Res judicata
  • 3. Double jeopardy
  • 4. Sub judice
Answer is 4 is correct. Section 10 of the Code of Civil Procedure talks about stay of suit which reads as follows “No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other Court in India…” the other name for this provision is sub-judice, which states that where any case is under consideration before the court, no new suit to be filed on the same matter before any court. Therefore option (4) is the correct answer.
Question5:- Order passed under Section 451 Cr.P.C is
  • 1. an interlocutory order
  • 2. a final order
  • 3. both (a) and (b)
  • 4. none of the above
Answer is 1 is correct. Section 451 of CrPC where during any inquiry or trial any property is produced before the criminal court which is subject to speedy and natural decay, it may make such an order which is fit for the proper custody of such property pending the conclusion of trial. This order is an interlocutory order in nature as it is made during the pendency of the suit and does not finally disposes of the suit. Therefore option (1) is the correct answer.
Question6:- Which of the following negotiable instruments requires acceptance by the drawee before payment can be demanded?",
  • 1. Promissory note
  • 2. Bill of exchange
  • 3. Cheque
  • 4. Both (b) (c)
Answer is 2 is correct. Bill of exchange is an unconditional written order made by the maker to the payee to pay a certain amount of money to a third party. It is the only negotiable instrument which requires acceptance by the drawee before the presentment for payment. Therefore option (2) is the correct answer.
Question7:- Costs imposed under Section 35B of CPC:
  • 1. shall be included in the costs awarded in the decree passed in the suit
  • 2. shall not be included in the costs awarded in the decree passed in the suit
  • 3. shall, if not paid, be executable against the person on whom the costs have been impose
  • 4. only (b) and (c)
Answer is 4 is correct. Costs for causing delay has been imposed under Section 35B which was inserted by Act 104 of 1976. This section was recommended by the Law Commission in its 54 th Report. This provision under Section 35B(2) clearly states that the cost imposed shall not be included in the costs awarded in the decree passed in the suit and shall, if not paid, be executable against the person on whom the costs have been imposed. Therefore option (4) is the correct answer.

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