ANIL KHANNAS ACADEMY OF LAW

TEST 2 - CLONE Copy

DATE: 08-03-2021 TIME: 90mins

Marking scheme

Multi correct: +4, -1

1 The Specific Relief Act is an Act to :-

(A) (B)
define and amend the law relating to certain kinds of specific define and amend the law relating to all kinds of specific relief.
relief.

(C)
define and consolidate the law relating to certain kind of specific (D) none of the above.
relief.

2 Obligation under the Act includes :-

(A) legal duty. (B) moral duty.

(C) social and religious duty. (D) both (a) and (c).

3 Section 6 applies in case of dispossession by a person of :-

(A) movable property. (B) immovable property.

(C) intangible property of any kind. (D) both (a) and (c).

4 The term immovable property has been defined under :-

(A) Section 6 (Explanation 2) (B) Section 2(b)

(C) Section 6 (Explanation 1) (D) not been defined in Specific Relief Act.

5 According to Section 5, a person entitled to the possession of specific immovable property may recover it in the manner
provided in CPC. Here 'entitlement' connotes :-
(A) ownership title is must. (B) possessory title is enough.

(C) both ownership and possessory title must co-exist. (D) possessory title as a tenant is 'sine qua non'.

6 The following sections confer the right to the aggrieved party to file a general suit under CPC :-
(A) Sections 5 and 6 (B) Section 7 and 8

(C) Section 5 and 7 (D) Section 6 and 8

7 For a suit under section 7, it is obligatory to establish :-

(A) (B)
A special or temporary right to the present possession of movable A special and perpetual right to the present possession of the
property movable property

(C)
A special and temporary right to the possession of movable (D) Both (c) and (a)
property at any time but within 12 years of dispossession

8 The principle of 'in pari materia' is evident in SRA under section :-

(A) 2(b) (B) 2(c)

(C) 2(d) (D) 2(e)

ANIL KHANNAS ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State - Chandigarh
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9 For the purpose of section 2(a) obligation :-
(A) Includes every duty enforceable by law (B) Means every duty enforceable by law

(D)
(C) Includes every legal and moral duty Includes and conclusively determines legally enforceable duty

10 A suit for possession can be filed under section 5 within :-

(A) 3 Years (B) 10 Years

(C) 12 Years (D) 30 Years

11 The specific performance of the contract shall be enforced by the court subject to the provisions in :-

(A) Section 11, 14, 16 (B) Section 11, 15, 16

(C) Section 10, 11, 16 (D) Section 11, 15

12 The Specific Relief Act 1963 is the product of :-

(A) 9th Report of law commission (B) 10th Report of law commission

(C) 11th Report of law commission (D) 19th Report of law commission

13 Settlement does not include :-

(A) Will (B) Codicil

(C) Non-Testamentary document (D) Both (a) and (b)

14 The Specific Relief(amendment) Act 2018 received the assent of the President on :-

(A) 1st January 2018 (B) 1st February 2018

(C) 1st September 2018 (D) 1st August 2018

15 The present act of 1963 replaces the :-

(A) Specific Relief Act 1877 (B) Specific Relief Act 1880

(C) Specific Relief Act 1870 (D) Specific Relief Act 1871

16 Specific relief may be granted to :-

(A) For enforcing criminal law (B) For enforcing individual civil rights

(C)
For enforcing penal law which is ancillary to the grant of specific (D) Both (a) and (b)
relief for any other purpose

17 The remedy under section 5 and 6 are :-

(A) Mutually exclusive (B) Separate remedies

(C) Dependent on each other (D) Both (a) and (b)

18 The entitlement of property under section 7 or section 8 of the Specific Relief Act should be :-

(A) Past entitlement (B) Future entitlement

(D)
(C) Present entitlement Either (a) or (b) or (c) depending upon the facts and
circumstances of each case

19 Section 9 provides for :-

(A)
Cases in which specific performance of the contract is enforceable (B) Defence respecting suits for: relief based on contract

(C) Saving clause (D) Definition clause

20 After the order decree passed in a suit instituted under section 6 :-

(A) Only appeal lies (B) Only review lies

(C) No appeal or review lies (D) Appeal and review lies in certain cases

ANIL KHANNAS ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State - Chandigarh
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21 Any transfers by operation of law except the ones under Section 57 and chapter IV of the Transfer of Property Act, 1882
are not deemed to be affected by the provisions of the Transfer of Property Act, is provided under

(A) Section 3 (B) Section 1

(C) Section 2 (D) None of the above

22 The term ‘Actionable Claim’ in the interpretation clause of the Transfer of Property Act, 1882 finds its direct relative
part in the Act under
(A) Section 130 (B) Section 136

(C) Section 106 (D) None of the above

23 What may be transferred under section 6 of the Transfer of Property Act, 1882 consists of clauses from

(A) (a) to (i) (B) (a) to (g)

(C) (a) to (h) (D) None of the above

24 Transfer of Property Act, 1882 was enacted to __________ certain part of the law relating to transfer of property :-

(A) Define and amend (B) Define and consolidate

(C) Substitute and define (D) Amend and substitute

25 Actionable claim is basically a claim to :-

(A) Secured debt (B) Interest

(C) Unsecured debt (D) Vested right

26 Registered means registered in :-

(A) Any part of the territories (B) Any part of the territories to which this Act extends

(C)
Any part of the territories to which this Act extends under the law (D) Any part of the territories except Jammu and Kashmir
for the time being in force regulating the registration of
documents

27 A person is said to have notice of a fact under Section 3 of the Transfer of Property Act, 1882 when that person :-
(A) Actually knows the fact (B) Bound to know the fact

(C) Presumed to have knowledge of that fact (D) All of the above

28 On a transfer of property, vested interest therein is created in favor of a person on the happening of an event which :-
(A) Must happen (B) May happen

(C) Shall happen (D) None of the above

29 Condition restraining alienation is valid in the case of a woman during her marriage who is :-

(A) Hindu (B) Muslim

(C) Buddhisht (D) Christian

30 To make a transfer of property valid a living person should convey property :-

(A) To himself (B) To himself and one or more other living persons

(C) To himself or to one or more other living persons (D) None of the above

31 Nothing in 2nd chapter of the Transfer of Property Act, 1882 shall be deemed to effect any rules of :-
(A) Hindu Law (B) Muhammadan Law

(C) Christian Law (D) Persian Law

32 The Transfer of Property Act, 1882 extends to whole of India except :-

(A) Jammu and Kashmir (B) North Eastern states

(C) Union Territories (D) None of the above

ANIL KHANNAS ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State - Chandigarh
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33 What cannot be transferred under section 6(d) of the Transfer of Property Act, 1882 is :-
(A) Arrears of Maintenance (B) Present Maintenance

(C) Accumulated Maintenance (D) Future maintenance

34 Right to sue can be transferred, it is for :-

(A) Definite sum (B) Breach of contract

(C) Tortuous liability (D) Mesne profit

35 A transfer of property may be made without writing in the case when :-

(A) The transfer is made for love and affection (B) The settlement deed is executed among family members

(C) Property is partitioned for separate enjoyment (D) A writing is not expressly required by law

36 Transfer of Property for the benefit of an unborn person can only be :-

(A) Limited (B) Life interest

(C) Conditional (D) Absolute

37 Perpetuity period means the maximum period during which the property may be rendered :-

(A) Alienable (B) Inalienable

(C) Reserved (D) Encumbered

38 Exemption to the direction for accumulation in the Transfer of Property Act, 1882 is in :-

(A) Section 17(2) (B) Section 18(3)

(C) Section 19(2) (D) Section 17(3)

39 Rules against direction for accumulation under section 17 specifically provides exception with regard to accumulation
for :-

(A) Maintenance of the property transferred (B) Construction of building for charitable purpose

(C) Promotion of religion (D) Public purpose

40 In a contingent interest the right is :-

(A) Present (B) Immediate

(C) Promised (D) Postponed

41 In which of the following Cases, the Supreme Court held that the evidence relating to electronic record, bring a special
provision, the general law on the secondary evidence under section 63 read with section 65 of the Evidence Act shall
yield to the same?

(A) Vishwa Lochan Madan vs. Union of India (B) Mannan S.K. vs. State of West Bengal

(C) Anvar P.V. vs. P.K. Basheer (D) None of the above

42 Which of the following types of evidence means 'testimony' ? :-

(A) Direct evidence (B) Circumstantial evidence

(C) Both (a) and (b) (D) None of the above

43 Which one of the following is not included in the expression 'court' under the Indian Evidence Act? :-

(A) All judges (B) All persons legally authorized to take evidence

(C) All Magistrates (D) Arbitrator

44 The tribunals are bound to follow :-

(A) The Indian Evidence Act, 1872 (B) Rules of natural justice

(C) Both (a) and (b) (D) None of the above

45 The Indian Evidence Act does not mention :-

(A) Relevancy of evidence (B) Admissible evidence

(C) Weight of evidence (D) All of the above

ANIL KHANNAS ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State - Chandigarh
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46 An interface of fact or law drawn from other known or proved facts is called :-

(A) Circumstantial evidence (B) Presumption

(C) Fact in issue (D) All of the above

47 The definition of 'evidence' in section 3 of the Indian Evidence Act has been amended by :-

(A) The Criminal Law Amendment Act, 2006 (B) The Criminal Law Amendment Act, 2010

(D)
(C) The Information Technology Act, 2000 The Negotiable Instruments (Amendment and Miscellaneous
Provisions) Act, 2002

48 The function of a court of justice is :-

(A) To ascertain the existence or non-existence of certain facts (B) To apply the substantive law to ascertained facts

(C) To declare the rights and liabilities of parties (D) All of the above

49 In relation to the expressions defined in section 3 of the Indian Evidence Act, which of the following statements is not
correct? :-
(A)
Facts include not only physical facts but also psychological facts (B) Court includes arbitrators

(D)
(C) All inspiration on a stone is a document A fact is said to be not provided when it is neither proved nor
disproved

50 Which of the following are true and correct?

(A) (B)
The idea of best evidence is implicit in the Indian Evidence Act If it is a case of oral evidence, the Indian Evidence Act requires
that only that person who has actually perceived something by
that sense, by which it is capable of perception, should make the
statement about it and no one else

(C)
If it is documentary evidence, the Indian Evidence Act requires (D) All of the above
that ordinally, the original should be produced, because a copy
may contain omissions or mistakes of a deliberate or accidental
nature

51 'Evidence is the tool by which ............ is obtained' :-

(A) Truth (B) Proof

(C) Conviction (D) None of the above

52 Under section 3 of the Indian Evidence Act, fact in issue means :-

(A) (B)
Fact, existence or non-existence of which is not disputed by the Fact, existence or non-existence of which is disputed by the
parties parties

(C)
Fact, existence or non-existence of which is admitted by the (D) All of the above
parties

53 It is the cardinal principle of the criminal jurisprudence that, the more serious or heinous the offence :-

(A) The degree of proof required is less (B) The degree of proof required is more

(C) Degree of proof required is same in all cases (D) None of the above

54 The Indian Penal Code came into effect from :-

(A) 6 October, 1860 (B) 1 September, 1872

(C) 1 July, 1882 (D) None of the above

55 Mark the correct statement :-

(A) (B)
The Penal Code applies to every person in any part of India for The Code applies to any offence committed by any citizen of India
every act or omission contrary to the provisions of the Code without and beyond India

(C)
Every act committed outside India which, if committed in India (D) All of the above
would be punishable under the Code

ANIL KHANNAS ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State - Chandigarh
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56 If a person who is a citizen of India commits any offence out of India, he :-

(A) (B)
cannot be prosecuted in India, as the act was not committed in can be prosecuted only in the country where the offence was
India committed

(C) (D)
can be prosecuted in India in any place in which he may be found cannot be prosecuted neither in India, nor in the country, where
the crime was committed

57 Under which of the following situations would Indian Courts have jurisdiction? :-
i. Crime committed by an Indian in a foreign country.ii. Crime committed by a foreigner in India.
iii. Crime committed by a person on an Indian ship.Codes:

(A) i and ii (B) i and iii

(C) ii alone (D) i, ii and iii

58 The term 'injury' means :-

(A) any harm illegally caused to a person in body and mind (B) any harm illegally caused to a person in body and property

(C)
any harm illegally caused to a person in body, mind, reputation or (D) none of the above
property

59 The term 'offence' means :-

(B)
(A) a thing made punishable by the Penal Code a thing made punishable by the Penal Code or any special or local
law, in certain case

(C) both (a) and (b) (D) none of the above

60 The essential ingredients of a crime are :-

(A) Motive, mens rea and actus reus (B) Motive, intention and knowledge

(C) Mens rea and actus reus (D) Knowledge, intention and action

61 The maxim 'Actus non facit reum, nisi men sit rea' means :-
(A) guilty mind gives birth to crime (B) there can be no crime without a guilty mind

(C) crime is a child of guilty mind (D) criminal mind leads to crime

62 In which of the following, mens rea is not essential :-

(A) Strict or absolute liability (B) Public nuisance

(C) 'Ignorance of law is no excuse'-maxim (D) All are correct

63 Four accused with common intention to kill, shot one B in the bona fide belief that B was A :-
(A) None of them is liable for the offence of murder (B) All accused are guilty of causing death

(D)
(C) Sec. 34 does not apply in this case All accused are guilty of causing death without invoking Sec. 34

64 Five persons went to the house of Z armed with clubs to beat Z. Among these, one A was carrying a pistol concealing it
underneath his clothes. During beating, A fired a shot resulting Z's death :-
(A) Only A will be liable for causing death (B) All of them will be liable of beating Z

(C)
All of them being the members of the unlawful assembly will be (D) None of the these
liable for causing death

65 The onus of proving exception lies son the :-

(A) prosecution (B) accused

(C) prosecution in certain cases and accused in other cases (D) none of the above

66 A person abets some crime by aiding :-

(A) either prior to or at the time of commission of an act (B) at the time of commission of an act

(D)
(C) prior to the act is done either prior to or posterior or at the time of commission of an act

ANIL KHANNAS ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State - Chandigarh
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67 Abetment by aid requires :-
(A) active aiding (B) passive aiding

(C) intentional aiding (D) none of these

68 A investigates B to murder C. B stabbed C but recovers from the wound :-

(A) A is not guilty of instigation as desired result not obtained (B) A is guilty of abetting B to commit murder

(C) A is guilty of abetting B to commit grievous hurt (D) None of these

69 A, with the intention of murdering Z, instigates B (a lunatic) to give poison to Z. B, however, takes poison himself :-
(A) A is guilty of abetment (B) A is guilty of causing death of lunatic (B)

(C)
A is not guilty as B, a lunatic, cannot be an offender in the eyes of (D) None of these
law

70 A instigates B to cause grievous hurt to Z. B does so, but Z died. :-

(A) A is not liable for punishment for murder. (B) A is liable for punishment for murder.

(C) A is not liable for any punishment. (D) None of these.

71 A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z and C commits that offence in
consequences of B's instigation. A is :-

(A) not guilty of any offence. (B) not guilty of abetting murder.

(C) guilty of abetment by conspiracy. (D) guilty of abetting murder.

72 A, a public officer is authorized by a Court of Justice to apprehend Z. B, knowing that fact and also that C is not Z
wilfully represents to A that C is Z, and thereby intentionally causes A to apprehend C. B commits the offence of :-

(A) attempt. (B) abetment.

(C) perjury. (D) none of the above.

73 'B' hires a hammer and a chisel from 'A', and with these instruments he commits a theft in C's house. 'A' is charged with
the offence of abetment. In this case :-
(B)
(A) 'A' supplied the instruments and hence is liable. 'A' did not know that the instruments were being hired to commit
a crime and hence is not liable.

(C) 'A' has joint liability. (D) None of these.

74 A instigates his six year old daughter B to take away from C, a purse containing Rs. 1500. In this case which one of the
following statements is correct? :-

(A) B commits theft and A abets theft. (B) A commits no offence but B commits theft.

(D)
(C) Both A and B commit no offence. B does not commit any offence but A commits abetment of theft.

75 X and Y agree to commit theft in Z's house, but no theft is actually committed. They are guilty of :-

(A) no offence. (B) criminal conspiracy.

(C) abetment by conspiracy. (D) abetment by instigation.

76 A gives is house to a police officer, who was investigating an offence. A has knowledge that the house will be used to
torture a thief B. B has been tortured also. :-
(A) A is guilty of no offence. (B) A is guilty of abetment.

(C) A is guilty of causing hurt. (D) A is guilty of attempt.

77 Which of the following statements is correct? :-

(A)
In conspiracy, there is no distinction between principle and (B) In conspiracy, principal and accessory are distinct.
accessory.

(C)
There has to be a distinction between principle and accessory in (D) None of the above is correct.
all offences.

ANIL KHANNAS ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State - Chandigarh
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78 'X' and 'Y' agreed to commit murder of 'Z' by poisoning and 'Y' was to procure poison, but he did not procure it. 'X' and
'y' are guilty of :-
(A) abetment of murder by conspiracy. (B) attempt to murder with aid of Sec, 34, IPC.

(C) no offence. (D) criminal conspiracy to murder 'Z'.

79 A, B and C conspired to commit an offence. Later, A and B abandon the plan. But C commits the same offence for which
the three have conspired. When C was arrested, he also named A and B. In their defence, A and B said that they have
abandoned the ides to commit the offence and they also did not take part in it. :-
(A) Only C could be punished. (B) No one could be punished for criminal conspiracy.

(C) A, B and C could be punished for criminal conspiracy. (D) None of the above.

80 For abetment by conspiracy :-

(A) (B)
a mere agreement between two or more persons to an unlawful some act or illegal omission must take place in pursuance of an
act is enough. engagement between two or more persons to do an unlawful act.

(C) (D)
there must be an intentional aid by one person to another for the one person must instigate the other for the commission of an
doing of an offence. offence.

81 Mark the correct statement :-

(A)
The Civil Code of India does not exempt foreigners from its (B) The Civil Code provides for punishments and penalties.
operation.

(C)
The Code is not exhaustive on the matters specifically dealt with (D) All are correct.
by it.

82 Which of the following is not an essential element of a decree :-

(A) Conclusive determination of the rights of the parties. (B) A formal expression of adjudication.

(C)
An adjudication from which an appeal lies as an appeal from an (D) The adjudication must have been given in a suit.
order.

83 Which of the following can be termed as a decree:i. A decision on a matter of administrative manner.
ii. An order dismissing a suit for default of appearance of parties.iii. Dismissal of an appeal for want of prosecution.
iv. A decision on an application by a person to be added as a party to the suit.
v. An order given by the High Court under Act, 226 of the Constitution.
vi. A decision to dismiss a suit wanting in evidence and proof.vii. Rejection of a plaint.Codes :-

(A) i, ii and v (B) vi and vii

(C) iv and vi (D) v and vii

84 A decree is said to be nullity :-

(A) If it is passed by a Court having no inherent jurisdiction. (B) When a court erroneously passes a decree.

(C) When it is voidable decree. (D) When there is an error while passing the decree.

85 In which of the following cases, a preliminary decree can be given :-

(A) Pre-emption suits. (B) Suits for dissolution of partnership.

(C) Administration suits. (D) All of the above.

86 Mark the incorrect statement :-

(B)
(A) A preliminary decree is not dependent on the final decree. A final decree is dependent on and subordinate to preliminary
decree,

(C)
A preliminary decree is extinguished by the passing of the final (D) All of the above.
decree.

87 Which of the following is not a decree? :-

(A) (B)
An order returning the plaint to be presented to the proper court. An order rejecting an application for an order to set aside ex parte
decree.

(C) Rejection of a plaint. (D) Both (a) and (b).

ANIL KHANNAS ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State - Chandigarh
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88 Judgement under Sec. 2 (9) means :-
(A) A decree formally expressed. (B) A decree informally expressed.

(C) Statements of grounds of an order or decree. (D) The relief granted.

89 Legal representative under Sec. 2 (11) means a person :-

(A) Who in law represents the estate of a deceased person. (B) Who is a close relative of the deceased.

(C)
Who is a co-sharer of the benefits assuming to the parties to the (D) Who represents a party in the suit.
suit.

90 Which of the following is not a legal representative? :-

(A) Executors and administrators. (B) Hindu coparceners and married daughter.

(C) Creditors. (D) Intermeddler.

91 'Mense profits' of property includes :-

(A) (B)
Those profits by which the person in wrongful possession of such The profits due to improvements made by person in wrongful
property actually received or might have received therefrom, possession.
together with interest on such profits.

(C) Both (a) and (b). (D) Only (b)

92 Mark the incorrect statement :-

(A)
An order finally determines the rights of the parties with regard to (B) An order cannot be a preliminary one.
the matters in controversy.

(D)
(C) No second appeal lies in case of appealable orders. In case of suit or proceeding, a number of orders may be passed.

93 Which of the following is a public officer within the meaning of Sec. 2 (17) :-
(A) A Judge. (B) Sarpanch of a Gram Panchayat.

(C) A municipal councilor. (D) An officer of a corporation.

94 'Jurisdiction' of a court may be defined to be :-

(A) (B)
The power or authority of a court to hear and determine a cause. To adjudicate and exercise any judicial power in relation to a
cause.

(C)
To take cognizance of matters presented in a formal way for its (D) All of the above.
decision.

95 In which of the following cases, the plaint will be ordered to be returned for presentation to the proper court :-
(A) (B)
The plaintiff frames his suit in a manner not warranted by the The plaintiff chooses a wrong court in respect of territorial limits.
facts and goes for his relief to a court which cannot grant him.

(C)
The plaintiff chooses a wrong court in respect of (D) Both (b) and (c).
pecuniary limits.

96 Which of the following courts cannot entertain and decide an appeal :-

(A) Courts of Civil Judge. (B) District Court.

(C) High Court. (D) Both (a) and (b).

97 The expression "suits of a civil nature" covers :-

(A) Private rights and obligations of a citizen. (B) Political, social and religious questions.

(C) A suit in which principal question relates to caste or religion. (D) All of the above.

ANIL KHANNAS ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State - Chandigarh
Phone - 8556062195
98 Which of the following suits is not of a civil nature :-

(A)
A suit to declare the election of a candidate as contrary to law. (B) A suit for right to bury a corpse.

(C)
A suit for right to services which are honorary and gratuitous. (D) All of the above.

99 A suit is said to be "expressly barred" :-

(B)
(A) When it is barred by the provisions of the Civil Code. When it is barred by an enactment for the time being in force.

(C) Both (a) and (b). (D) Only (a).

100 A suit is said to be "impliedly barred" :-

(A) When it is barred by general principles of law. (B) When it is barred on the ground of public policy.

(C) Both (a) and (b). (D) Only (a).

ANIL KHANNAS ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State - Chandigarh
Phone - 8556062195