Name- Rakesh yadav , Roll no. 103180554, Application no.

- 775288 ,
Question booklet series - D
Question no. 53- 'B' has been robbed and murdered. Soon after, the stolen-goods are found with
'A'. In these circumstances, what may/may not be presumed?
(1) The court may presume that 'A' committed the robbery of ‘B', but not his murder.
(2) (2). The court may presume that 'A' committed murder of ‘B', but not robbery.
(3) (3) The court may presume that 'A' committed both robbery and murder of ‘B’
(4) (4) Mere recovery of the stolen articles from 'A' would 'not justify the court in presuming
that 'A' committed either the robbery or the murder of 'B'.

Answer key- 1
Correct answer- 3
Reason- As per section 114(a) if a man is in possession of stolen goods soon after theft then
court may presume that he is a thief ( here robbery only can be presumed and not murder)
Case law – Sanwat khan v/s state of Rajasthan AIR 1456SC 54
Honourable Supreme Court held that only presumption of robbery can raised and not
murder.
Question no. 87 - Mr. Kapoor was astonished and incensed at not receiving a direct answer; and
Seema suspected herself to be the first creature who had even dared to trifle with so much
dignified impertinence . The above sentence conveys ·that:
(1) Mr. Kapoor is pleasant and dignified and Seema is rude.
(2) Mrs. Kapoor is arrogant and Seema is an equal match for him.
(3) Mrs. Kapoor is astonished and Seema is dignified.
(4) Mr. Kapoor is dignified and Seema is daring. Commented [dp1]:

Answer key- 2
Correct answer- none of the given options can be the correct answer for the above question.
In answer no. 2 ( which is provided as correct answer in the answer key)
mentions Mrs. Kapoor as arrogant but in question Mrs. Kapoor is nowhere mentioned, it talks
about Mr. Kapoor and one seema( these are the only two characters in the question and there is
not even the slightest reference about Mrs.Kapoor).
Hence, this question should be cancelled.
Question no. 130 - Whether a suit dismissed in default can be restored without notice to the
defendant or his counsel, if the defendant and his counsel was not present on the date of
dismissal of the suit in default?
(1) No, as suit once dismissed cannot be restored.
(2) Yes
(3) Principles of natural justice require tha the defendant or his counsel must be heard.
(4) Only if the suit was pending in the High Court and not if the suit ,was pending before the
district courts.
Answer key – 2
Correct answer- answer should have been option (3) because when a suit is dismissed a
vested right in the favour of other party is created and before the suit is restored, the
principles of natural justice require that the other party should be heard.
Order - 9, rule – 9 , Code of civil procedure code,1908

Question number 136, 140,141,142 were out of syllabus as they

were from transfer of property act, which was not in the syllabus as
notified.
Hence, they ought to be stand cancelled.