ANIL KHANNA'S ACADEMY OF LAW

TEST 12

DATE: 11-03-2021 TIME: 90mins

Marking scheme

Multi correct: +4, -1

1 Which of the following presumptions are contained in the Indian Evidence Act? :-
(B)
(A) Presumption as to Gazettes in electronic form. Presumption as to Gazettes, newspapers, private acts of
Parliament.

(C)
Presumption as to documents produced as record of evidence. (D) All of the above.

2 Which of the following pairs are correctly matched? :-

(B)
(A) Section 81A - Presumption as to Gazettes in electronic forms Section 81 - Presumption as to Gazettes, newspapers, private acts
of Parliament

(C)
Section 84 - Presumption as to collections of laws and reports of (D) All of the above
decision

3 The court shall presume that every document purporting to be a power of attorney, and to have been executed before,
and authenticated by _____ was so executed and authenticated. :-

(A) Notary Public (B) Any Court, Judge or Magistrate

(C)
Indian Consul or Vice-Consul, or representative of the Central (D) All of the above
Government

4 Which of the the following pairs are correctly matched? :-

(A)
Section 85C - Presumption as to the Electronic Signature (B) Section 88 - Presumption as to telegraphic messages
Certificate

(C) Section 88A - Presumption as to electronic message (D) All of the above

5 In which of the following cases is the custody of documents proper? :-

(A) (B)
A has been possession of landed property for a long time. He A produces deeds relating to landed property of which he is the
produces from his custody deeds relating to the land showing his mortgagee. The mortgagor is in possession.
titles to it

(C)
A, a connection of B, produces deeds relating to land in B's (D) All of the above
possession, which him by B for safe custody

6 Presumptions under sections 79 to 90 are based on the maxim :-

(B)
(A) Omnia Praesumuntur rite esse acta Omnis innovation plus novitiate perturbat quam utilitate prodeat

(C) Omnia delicta in aperto leviora sunt (D) None of the above

7 If a contract is contained in several letters :-

(A) All letters in which it is contained must be proved (B) Any of the letters in which it is contained may be proved

(C) Most of the letters in which it is contained must be proved (D) None of the above

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
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8 A gives B a receipt of money paid by B. Oral evidence is offered of the payment. The evidence is :-
(A) Admissible (B) Not admissible

(C) Depends (D) None of the above

9 When the terms of any such contract, grant or other disposition of property, or any matter required by law to be
reduced top the form of a document have been proved according to section 91 of Indian Evidence Act, no evidence of
any oral agreement or statement shall be admitted, as between the parties to any such instrument or their
representatives-in-interest, for the purpose of _______ from, its terms. :-
(A) Contradicting (B) Varying

(C) Adding to, or subtracting (D) All of the above

10 Any fact may be proved which would invalidate any document, or which would entitle any person to any decree or order
relating thereto; such as :-
(B)
(A) Fraud, intimidation or illegality Want of due execution or want of capacity in any contracting
party

(C) Want or failure of consideration, or mistake in fact or law (D) All of the above

11 A policy of insurance is effected on goods 'in ships from Calcutta to London'. The goods are shipped in a particular ship
which is lost. The fact that the particular ship was orally excepted from the policy :-
(A) Can be proved (B) Cannot be proved

(C) Depends (D) None of the above

12 An estate called 'the Rampore Tea Estate' is sold by a deed which contains a map of the property sold. The fact that
land was not included in the map has always been regarded as part of the estate and was meant to pass by the deed :-
(A) Can be proved (B) Cannot be proved

(C) Depends (D) None of the above

13 When language used in document is, on its face, ambiguous or defective :-

(A) (B)
Evidence may not be given of facts which would show its meaning Evidence may be given of facts which would show its meaning or
or supply its defects supply its meaning or supply its defects

(C) Depends (D) None of the above

14 A agrees in writing, to sell a horse top B for 'Rs. 1,000 or Rs. 1,500'. :-

(A) (B)
Evidence may be given to show that it was not meant to apply to Evidence may not be given to show that it was not meant to apply
such facts to such facts

(C)
Evidence may or may not be given to show that it was not meant (D) None of the above
to apply to such facts

15 When the language used in a document is plain in itself, and when it applies accurately to existing facts :-

(A) (B)
Evidence may be given to show that it was not meant to apply to Evidence may not be given to show that it was not meant to apply
such facts to such facts

(C)
Evidence may or may not be given to show that it was not meant (D) None of the above
to apply to such facts

16 Who among the following may give evidence of facts tending to show a contemporaneous agreement varying the terms
of the document? :-
(B)
(A) Parties to a document, or their representatives-in-interest Persons who are not parties to a document, or their
representatives-in-interest

(C) Both (A) and (B) (D) None of the above

17 A desires a court to give judgement that B shall be punished for a crime which A says B has committed :-

(A) A must prove that B has committed the crime (B) B must prove that he has not committed the crime

(C) Both (A) and (B) (D) None of the above

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
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18 When a person is accused of any offence, the burden of proving the existence of circumstances bringing the case
within any of the General; Exceptions in the Indian Penal Code (45 of 1860) or within any special exception or proviso
contained in any other part of the same Code, or in any law defining the offence, is on the :-
(A) Prosecution (B) Accused

(C) Police (D) None of the above

19 A accused of murder, alleges that, by grave and sudden provocation, he was deprived of the power of self-control. The
burden of proof is on :-
(A) The prosecution (B) 'A'

(C) The Police (D) None of the above

20 Section 325 of the Indian Penal Code, 1860 (45 of 1860) provides that whoever, except in the case provided for by
Section 355, voluntarily causes grievous hurt, shall be subject to certain punishments. A is charged with voluntarily
causing grievous hurt under Section 325. The burden of proving the circumstances bringing the case under Section 355
lies on :-
(A) The prosecution (B) A

(C) The Court (D) None of the above

21 In which of the following cases, criminal misappropriation of property takes place :-

(A) (B)
P finds a rupee coin lying on the footpath, not knowing as to P finds a purse lying in the highway; picks it up and keeps it trying
whom it belongs, picks it up and keeps it in his pocket. to trace its owner even though he finds address in the pockets of
the purse.

(C)
P finds a promissory note belonging to Z bearing a blank (D) Both (b) and (c).
endorsement. He pledges it with a bank to secure a loan with
clear intention that he would return it to Z after one year.

22 'X' and 'Y' were about to travel from Jammu Tavi to Delhi by the same train. 'Y' had two tickets for Pathankot and 'X'
had a ticket for Delhi. 'X' voluntarily handed over his ticket to 'Y' in order to check that it was the right one. 'Y' under
the pretence of returning X's ticket submitted it by one of his own and kept X's ticket. What offence did 'Y' commit? :-

(A) Theft. (B) Extortion.

(C) Misappropriation. (D) Cheating.

23 Give correct response :-

(A) (B)
Whoever is entrusted with property, dishonestly misappropriates, Whoever is entrusted with dominion of property, dishonestly
is guilty of breach of trust. converts it as his property, is guilty of breach of trust.

(C)
Whoever is given in custody of some property, allows its use by a (D) All are correct.
third person, is guilty of breach of trust.

24 The offence of criminal breach of trust consists of any of the four positive acts :-

(B)
(A) misappropriation, conversion, user, or disposal of property. misappropriation, conversion, user, or entrustment of property.

(C) appropriation, conversion, user, or delivery of property. (D) none of the above.

25 Which one of the following is not an essential ingredient of criminal breach of trust :-
(A) Misappropriation. (B) Entrustment.

(C) Negligence. (D) Disposal of property.

26 'A', a revenue officer, is entrusted with public money and is directed by law to pay into treasure all the public money
which he holds. He instead of paying the same into the treasury dishonestly misappropriates the same by buying a sofa
set for his personal use. 'A' has committed the offence of :-

(A) criminal breach of trust. (B) dishonest misappropriation of property.

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

27 Which one of the following is an essential element of criminal breach of trust? :-

(A) Contractual relationship. (B) Transfer of possession.

(C) Taking possession of the property by fraudulent means. (D) Property must be movable.

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
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28 A servant collected money from the debtor of his master as authorized by him. The servant retained the money in his
hands because it was due to him as wages. He commits :-

(A) criminal breach of trust. (B) theft.

(C) no offence. (D) criminal misappropriation.

29 'X', a Hindu, turned his wife out of the marital home and refused to return her ornaments, money and clothes despite
her repeated demands. What offence, if any, has 'X' committed? :-

(A) Cajolery. (B) Cheating.

(C) Criminal intimidation. (D) Criminal breach of trust.

30 A and B, who are cadets in the Indian Air Force, take out from the Jodhpur aerodrome an aircraft, without the authority
of the Commandment and fly it away to Pakistan. What offence has been committed by them? :-
(A) Theft. (B) Criminal breach of trust.

(C) Criminal misappropriation. (D) Sedition.

31 'Stolen property' is :-

(A)
property the possession whereof has been transferred by theft, (B) property criminally misappropriated.
extortion, or robbery.

(C)
property in respect of which criminal breach of trust has been (D) all of the above.
committed.

32 X, a child of 9 years of age, stole a necklace worth Rs. 3 and immediately afterwards sold it for five annas to Y, who
purchased it knowing it to have been stolen by the child. :-
(A) Y has committed an offence under Section 411. (B) Y has not committed an offence under Section 411.

(C) Y has committed an offence under Section 410. (D) Y has not committed any offence.

33 A, B, C, D and E started for committing dacoity in the house of M. E being quite drunk could not proceed and fell down
under a tree. A, B, C and D went into the house of M and after firing into the air took away cash and ornaments.
Thereafter they returned to the place where E was lying and gave him a part of the booty. :-

(A) (B)
E is liable for receiving stolen property and also preparation to E is not liable for receiving stolen property but for preparation to
commit dacoity under Section 399. commit dacoity under Section 399.

(C) E is not liable for any offence. (D) None of the above.

34 A, a taxi driver, was carrying several persons in the taxi. At a place where the taxi stopped for some reason not known,
two of the passengers alighted the taxi and with 3 or 4 yards away from it they suddenly attacked and robbed a man of
his purse. The robbers then again boarded the taxi and the driver in spite if the cries of the victim drove the taxi as fast
as he could. :-

(B)
(A) A is not guilty of any offence. A assisted the robbers in making away with the money so robbed
and, thus, guilty under Section 414.

(D)
(C) A is guilty of robbery. A is guilty of robbery and assisting the robbers in making away
with money so robbed and, thus, guilty under Section 414.

35 Under the offence of cheating :-

(A) (B)
the person divided must have been fraudulently or dishonestly by reason of the intentional inducement, damage or harm in body
induced to deliver property. and mind, reputation or property was caused to the person
deceived.

(C) both (a) and (b) are correct. (D) both (a) and (b) are incorrect.

36 A projected himself as a Scheduled Caste candidate and drew out some additional advantages from U.P.S.C. and Govt.
of India to which he wasn't legally entitled as a general candidate. By taking advantage of his being a SC candidate he
appeared at the IAS exam and also got appointed in that cadre on the aforesaid false representation and drew out his
salaries from Govt. of India year to year. :-
(A) A is guilty of cheating. (B) A is guilty of cheating and forgery.

(C) A is guilty of forgery. (D) None of the above.

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
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37 In a self-administered box in a public place, any person could get a cigarette by dropping a Re. 1 coin in the box. 'A'
places a false coin (of the same size and appearance of Re. 1 coin) and obtains a cigarette. 'A' commits the offence of :-
(A) extortion. (B) forgery.

(C) cheating. (D) no offence.

38 X, applied for the post of Lecturer in Delhi University and submitted his application along with degree of Ph.D.
Interview call was issued to X. But on 10th Jan, 1992 the University came to know that the copy of degree attached with
the application was bogus and canceled the interview. :-

(A) X is guilty of cheating. (B) X is guilty of attempt to cheat.

(C)
X is not guilty of cheating because the University has not been (D) None of the above.
cheated.

39 X persuades A to falsely personate Y and execute a document of sale in X's favour of a plot of land belonging to Y. A,
personating Y before the Sub-Registrar, admits execution of the sale deed. The Sub-Registrar believing A to be Y and
relying on his statement about the execution of sale-deed, registers the same showing X as the purchaser of the land
from Y. :-

(A) A is guilty of cheating. (B) A is not guilty of cheating.

(C) A is guilty of attempt to cheat. (D) None of the above.

40 Savitry pledged her 15 carat gold chain with Amal as security for a loan to be repaid within two months. Before expiry
of the said two months period, Amal induced Beena to purchase that gold chain by misrepresenting to her that it was
22 carat gold. What offence/s is/are committed by Amal? :-

(A) Criminal breach of trust and cheating. (B) Criminal misappropriation and cheating.

(C) Cheating. (D) Criminal breach of trust and misappropriation.

41 In a written statement, the defendant can claim :-

(A) Set-off only. (B) Counter-claim only.

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

42 A set-off (O. 8, R. 6) is a :-

(A) Major part of a plaint or a written statement. (B) A compromise between the plaintiff and the defendant.

(C)
Reciprocal acquittal of debts between the plaintiff and the (D) All of the above.
defendant.

43 Which of the following is not a necessary condition for a defendant to claim a set-off :-

(A) The suit must be for the recovery of money. (B) The amount claimed must be an ascertained sum of money.

(C)
The amount claimed must not exceed the pecuniary jurisdiction of (D) The amount claimed may or may not be legally recoverable.
the court in which the suit is brought.

44 In which of the following cases, can C set-off the claim? :-

(A) (B)
A sues C on a Bill of Exchange. C alleges that A has wrongfully A sues C on a Bill of Exchange for Rs. 500. C holds a judgement
neglected to insure C's goods and is liable to pay compensation. against A for recovery of debt of Rs. 1,000.

(C) (D)
A sues B and C for Rs. 1,000. The debt is due to C alone by A. A and B sues C for Rs. 1,000. The debt is due to C by A alone.

45 Mark the incorrect statement :-

(B)
(A) In set-off, court-fee is payable by the defendant. A defendant cannot claim a set-off if the plaintiff's suit is
dismissed.

(D)
(C) O. , R. 6 deals with legal set-off. Legal set-off can be claimed as of right, the equitable set-off is
dependent on the court's discretion.

46 The counter-claim is to be treated as :-

(A) Separate suit. (B) A plaint.

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

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
Chandigarh Phone - 8556062195
47 In any case in which the defendant sets up counter-claim, the suit of the plaintiff is stayed, discontinued or dismissed,
the counter-claim :-
(A) Shall be stayed. (B) Nevertheless be proceeded with.

(C) May be continued with the leave of the court. (D) No specific provision.

48 Mark the incorrect statement :-

(A) (B)
In a counter-claim set up by defendant, the plaintiff cannot file a A counter-claim can be set up only in respect of claim for which
written statement. the defendant can file a separate suit.

(C)
If the plaintiff commits a default in putting in his reply to the (D) None of the above.
defendant's counter-claim, the court may pronounce a judgement
against him of pass any other order.

49 The main aim of interrogatories is :-

(A)
To obtain information as to all material facts or documents (B) To maintain one's own case.
relevant to the issue.

(C) To rebuilt the case of the adversary. (D) All of the above.

50 Mark the incorrect statement :-

(A) (B)
In any suit the plaintiff or the defendant may deliver The leave of the court is not necessary for the delivery of
interrogatories in writing for the examination of the opposite interrogatories.
parties.

(C)
The interrogatories are to be answered by an Affidavit to be filed (D) None of the above.
within 10 days or such other time as allowed by the court.

51 The court while deciding the application made for leave to deliver interrogatories should consider :-

(A)
The interrogatories are necessary for the fair disposal of the suit. (B) The interrogatories are necessary for saving costs.

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

52 An application to set aside an interrogatory must be made within how many days of the service of interrogatories? :-
(A) 8 days. (B) 9 days.

(C) 15 days. (D) 7 days.

53 At the trial of suit, any party may use in evidence :-

(A) Any one of answers in reply to the interrogatories. (B) A part of the answer in reply to the interrogatories.

(C)
Both (a) and (b), but the court can look at the whole of the (D) All of the wrong answers only.
answer.

54 Mark the correct statement :-

(A) (B)
The questions which are put to test the credibility of a person will Interrogatories can be administered only to a party to a suit and
not be allowed as interrogatories, although they may be asked in not to a witness, whereas cross-examination can be of any
cross-examination. person, parties and witness alike.

(C)
A party filing affidavit in reply to interrogatories can neither cross- (D) All of the above.
examine not adduce evidence to contradict, as it is a conclusive
proof.

55 The discovery of documents is to be made by :-

(A) An Affidavit of Documents. (B) A Particular of Documents.

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

56 When does the documents are to be produced for inspection? :-

(A) At any time at or before the settlement of issues. (B) At any time.

(C) At the time of evidence. (D) All of the above.

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
Chandigarh Phone - 8556062195
57 A party may object to produce a document on which of the following grounds :-
(A) Document relates to his own title. (B) Sufficient cause or excuse.

(C) Privileged document. (D) All of the above.

58 The 'premature discovery' under Rule 20 of the Order 11 implies :-

(A)
The court may order the discovery of documents, despite the (B) The court may order the discovery of documents.
objection of a party and before applying its mind as to objection,
to determine any issue or question in dispute.

(C) (D)
A party produces a document for the inspection of the other party A party produces a document for the inspection of the other party
before the settlement of the issues. despite not being given a notice to produce it.

59 Under O. 13, the parties are required to produce all the documentary evidence in original :-

(A) On or before the settlement of issues. (B) At any time.

(C) At the stage of evidence. (D) None of the above.

60 Mark the incorrect statement :-

(A)
The court may at any stage of the suit, reject any document (B) Every document admitted in evidence is to be endorsed.
which considers irrelevant or inadmissible.

(C)
When a document is an entry in letter-book/shop-book/any other (D) A rejected document need not be endorsed at all.
account, the court may require a copy of that entry and return the
original.

61 A tenant can save himself from eviction after he defaults in making payment of rent within time prescribed under the
Haryana Urban (Control of Rent & Eviction) Act, 1973, by paying arrears of rent within ________of the first hearing of the
application for ejectment after due service. :-

(A) 15 days. (B) 20 days.

(C) 30 days. (D) 45 days.

62 Choose the incorrect statement :-

(A)
A landlord can seek possession of let out residential building on
ground that he requires for his own occupation and is not in
occupying another residential building in the urban area
concerned.
(B)
A landlord can seek possession of let out residential building on
the ground that tenant has already in his own possession a
residential building or the tenant has subsequently acquired the
possession of a residential building which is reasonably sufficient
for his requirement in the urban area concerned.

(C) (D)
A landlord can seek possession of rented land on the ground that A landlord can seek possession of rented land on the ground that
he requires it for agricultural purposes and is not occupying he requires it for his own business purpose and is not occupying
another land in the same urban area another land in the same urban area.

63 Every order under the provisions of Haryana Urban (Control of Rent & Eviction) Act, 1973, shall be executed by :-
(A)
The controller who has the jurisdiction over the area and who has (B) The Haryana urban development authority
passed the first order

(C) The civil court having jurisdiction in the area (D) None of the above

64 In fixing the fir rent under the provisions of section 4 of Haryana Urban (Control of Rent & Eviction) Act, 1973, the
controller may allow an increase or decrease on the basic rent determined under sub-section (2) of section 4, not
exceeding :-
(A) 25% (B) 35%

(C) 20% (D) 15%

65 Choose the incorrect statement :-

(A) (B)
Fair rent can also be fixed on the basis of the compromise arrived Once the fair rent is fixed under the East Punjab Urban Rent
at between the parties to the proceedings Restriction Act, 1949, parties cannot get it fixed under Haryana
Urban (Control of Rent & Eviction) Act, 1973

(C)
Controller shall fix the fair rent for a building or rented land on an (D) None of the above
application moved by the tenant or the landlord.

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
Chandigarh Phone - 8556062195
66 In increasing or decreasing the fair rent fixed under section 4, the controller has to consider the rise or fall in the
general level of prices since the date of agreed rent or the date of application, as the case may be, in accordance with,
____________ as determined by the Government of India, for the calendar year immediately preceding the date of
application :-

(A) The All-India Wholesale Price Index (B) The average of All-India Wholesale Price Index Numbers

(C) The average of All-India Consumer Price Index Numbers (D) The All-India Consumer Price Index Numbers.

67 The tenant can recover the sum paid to the landlord, which should not have been paid, by :-
(A) Filing a recovery or summary suit in a civil court (B) Moving the controller for recovering the said amount

(C) Deducting from the rent payable by him to the landlord (D) Any of the above

68 Amount spent by the landlord on the amenities provided to the tenant under the provisions of the Haryana Urban
(Control of Rent & Eviction) Act, 1973, shall be recovered by the landlord by enhancing the rent of the building to the
extent of :-
(A) 8% per annum of the amount spent for amenities (B) 10% per annum of the amount spent for amenities

(C) 6% per annum of the amount spent for amenities (D) 12% per annum of the amount spent for amenities

69 One of the objectives of the Haryana Urban (Control of Rent & Eviction) Act, 1973 is to entitle the tenant for the
amenities of electricity, sewerage or tap water supply and tenant may request the landlord to provide for such
amenities; and on that request the landlord have to provide for such amenities within :-
(A) 100 days of such request (B) 80 days of such request

(C) 90 days of such request (D) 50 days of such request

70 Residential building is defined under :-

(A) 2(c) (B) 2(g)

(C) 2(h) (D) 2(i)

71 Choose the correct statement :-

(A) (B)
The controller has the authority only to increase the fair rent fixed The landlord cannot enhance the rent of the building or rented
land after spending on amenities provided to the tenant

(C)
A tenant may request the controller to carry out repairs, structural (D) None of the above
changes etc., if required.

72 What is the jurisdictional value for the purposes of determining the forum of appeal? :-
(A) (B)
Two years rent of the building or rented land, preceding the date One year’s rent of the building or rented land, preceding the date
of order, which is sought to be executed of order, which is sought to be executed

(C) (D)
Three year’s rent of the building or rented land, preceding the Six months rent of the building or rented land, preceding the date
date of order, which is sought to be executed of order, which is sought to be executed

73 Power to transfer an appeal, under Haryana Urban (Control of Rent & Eviction) Act, 1973, rest, with :-

(A) The High Court (B) The Appellate authority

(C) Controller (D) State Government

74 A court can only take cognizance of an offence, committed by contravening provisions of section 10 of Haryana Urban
(Control of Rent & Eviction) Act, 1973 on :-

(A) A complaint in writing filed with sanction of high court (B) A complaint in writing filed with the sanction of controller or,

(C) A report in writing of such facts made by the controller (D) Both (b) and (c)

75 Choose the correct statement :-

(A)
No appeal or second appeal shall lie against an order for the
recovery of possession of any building made by controller under
section 13-A of Haryana Urban (Control of Rent & Eviction) Act,
1973
(B)
No appeal or second appeal shall lie against an order for the
recovery of possession of any residential building made by
controller under section 13-A of Haryana Urban (Control of Rent &
Eviction) Act, 1973

(C)
High court may call for the records of the case under section 13-A (D) Both (b) and (c)
of Haryana Urban (Control of Rent & Eviction) Act, 1973

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
Chandigarh Phone - 8556062195
76 Filing of appeals and revisions against order of the subordinate and district judges is dealt under :-
(A) Section 20 (B) Section 20-A as inserted by Haryana Act no 4 of 1974

(C) Section 20-A as inserted by Haryana Act no 4 of 1978 (D) Section 19

77 Which of the following is not the specified category of landlord under the provisions of section 13-A of Haryana Urban
(Control of Rent & Eviction) Act, 1973 :-
(A)
Retired army personnel or after his death his widow, and in case (B) Retired or serving Central Government employee
of death of such widow, his child, grandchild or widowed
daughter-in-law who was dependent upon him at the time of his
death

(D)
(C) Retired or serving Haryana state’s employee Retired or serving school teacher of private school aided by
government of Haryana

78 The tenant shall be liable to be evicted from the building or the rented land, when he fails to pay the rent within :-
(A) (B)
20 days after the expiry of the time fixed in the agreement of 30 days after the expiry of the time fixed in the agreement of
tenancy and when there is no agreement than by the last day of tenancy and when there is no agreement than by the last day of
the second month following that for which rent is payable the first month following that for which rent is payable

(C) (D)
15 days after the expiry of the time fixed in the agreement of 45 days after the expiry of the time fixed in the agreement of
tenancy and when there is no agreement than by the last day of tenancy and when there is no agreement than by the last day of
the month next following that for which rent is payable the third month following that for which rent is payable

79 Special procedure provided for in section 13-A of Haryana Urban (Control of Rent & Eviction) Act, 1973 is pertaining to
the specified landlord’s :-
(A) (B)
Need for the residential building, for his own residence or his Need for the residential building for his son’s office or consulting
family members as specified in section 13-A room who intends to start practice as a lawyer, qualified architect
or chartered accountant or as a medical practitioner

(C) Need for the residential building for starting a new business (D) Any of the above

80 Contravention of provisions of section 11, shall be punishable with :-

(B)
(A) Fine of one thousand rupees Imprisonment for a term which may extend to two years, or with
fine, or with both

(D)
(C) Fine of five hundred rupees Imprisonment for a term which may extend to one year, or with
fine, or with both

81 The original documents which have been admitted in evidence :-

(B)
(A) Cannot be returned to a party. Can be returned after a suit is over or appeal, if allowed, has been
disposed of.

(C)
Can be returned during the pendency of the suit, if the certified (D) Both (b) and (c).
copies thereof have been produced.

82 Which documents form party of the record of the suit :-

(A)
Documents filed by the party along with the plaint or written (B) Documents which have been admitted in evidence.
statement.

(C)
Documents which have been admitted or rejected in evidence. (D) All kinds of documents.

83 What kinds of admission are provided under the C.P.C.? :-

(A) Admissions in pleadings. (B) Admission by agreement of parties.

(C) Admission on notice. (D) All of the above.

84 The time to be given to a party to admit any document, when called upon by the other party is :-
(A) 7 days from the date of service of the notice. (B) 8 days from the date of service of the notice.

(C) 9 days from the date of service of the notice. (D) 14 days from the date of service of the notice.

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
Chandigarh Phone - 8556062195
85 The time to be given to a party to admit any fact, when called upon by the other party is :-

(A) 6 days from the date of service of the notice. (B) 8 days from the date of service of the notice.

(C) 9 days from the date of service of the notice. (D) 10 days from the date of service of the notice.

86 The court can pronounce a judgement or order upon the admission made by parties under O. 12, R. 6 :-
(A) At any stage of the suit. (B) On the application of any party.

(C) On its own motion. (D) All are correct.

87 Mark the incorrect statement :-

(A) (B)
The object of obtaining admissions is to do away with the The person unreasonably neglecting or refusing to admit a
necessity of proving facts that are admitted. document may be ordered to pay penal costs (compensation) to
the other side.

(C)
If a document is admitted only for dispensing with formal proof of (D) None of the above.
it, it cannot be said that the party thereby accepts the facts in
document.

88 An admission, after the 1999 Amendment :-

(A) Can be withdrawn. (B) Can be amended.

(C) Can neither be withdrawn or amended. (D) None of the above.

89 A written statement in the name of deponent, by whom it is voluntarily signed and sworn or affirmed before an
authorized officer/ magistrate is called :-
(A) Oath. (B) Affidavit.

(C) Verification. (D) None of the above.

90 If a party desires to controvert the averments contained in the affidavit of the opposite party :-
(A) He must file an affidavit-in-reply. (B) He must cross-examine the deponent.

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

91 Which of the following persons may administer the oath to the deponent :-

(A) Any Court or Magistrate. (B) Any Notary.

(C)
Any officer/other person appointed by High Court in this behalf. (D) All of the above.

92 Mark the incorrect statement :-

(A) Verification is not necessary in an affidavit. (B) An evidence can be given on affidavit.

(C) (D)
Affidavits are to be confined to such facts as the deponent is able A court may give an opportunity to the party to file proper
on his own knowledge, to prove. affidavit.

93 Where the suit is dismissed under Rr.2 or 3 of O. 9, the plaintiff :-

(A) May bring a fresh suit subject to Law of Limitation. (B) Cannot bring a fresh suit.

(C) May bring a fresh suit with the leave of the High Court. (D) May bring a fresh suit with the leave of the District judge.

94 A suit may be dismissed where, after a summons has been issued to the defendant and returned unserved, plaintiff
fails to apply for fresh summons for the period of how many days form the date of such return :-

(A) Thirty days. (B) Sixty days.

(C) Seven days. (D) Fourteen days.

95 Under O. 9, R. 6, where the plaintiff appears and the defendant does not appear :-
(A) (B)
The plaintiff has to prove service of summons on the defendant. The plaintiff is not required to prove service of summons on the
defendant.

(C) The court cannot proceed ex parte against the defendant. (D) Both (b) and (c).

ANIL KHANNA'S ACADEMY OF LAW - 406A, Purv Marg, Industrial Area Phase 2, Chandigarh, 160002 Pin Code-160002 State -
Chandigarh Phone - 8556062195
96 An ex parte proceeding against a defendant implies :-
(A) (B)
The court may proceed with the case in the absence of the The court may proceed with the case in the absence of the
defendant. defendant on the particular day of hearing on which defendant
remains absent.

(C) (D)
The court may proceed with the case in the absence of the The defendant cannot be allowed to appear at all the subsequent
plaintiff. proceedings of the suit.

97 In a suit for recovery instituted by A against B, despite the summons of suit having been duly served upon B, he did not
appear on the date fixed in summons on 01/03/1993. The court consequently on 01/03/1993 passed an ex parte order
against B and listed the case for 03/04/1993 for ex parte evidence of A. :-
(B)
(A) B can participate in further proceedings of the case. B can seek setting aside of the ex parte order if he is able to show
good cause for his non-appearance.

(C) Both (a) and (b) are correct. (D) Both (a) and (b) are incorrect.

98 In which of the following cases, the Supreme Court observed : "Our procedures are grounded on a principle of natural
justice which requires that men should not be condemned unheard; that decisions should not be reached behind their
backs, that the proceedings that affect their lives and properly should not continue in their absence and that they
should not be precluded from participating in them." :-
(A) Sangram Singh v Election Tribunal, Kotah. (B) Arjun Singh v Mohindra.

(C) Rupchand v Raghuvanshi (P) Ltd. (D) M/s. Mechalec Engineers v M/s. Basic Equipments Corpn.

99 Mark the incorrect statement in relation to O. 9. R. 8 :-

(A)
For non-appearance of the plaintiff, a suit can be dismissed if the (B) A suit dismissed under R. 8 can be restored under R. 9.
defendant admits the plaintiff's claim, wholly or partly.

(C)
The court has no power to dismiss the suit where the plaintiff (D) None of the above.
does not appear owing to death.

100 Which of the following statements is correct :-

(B)
(A) An order under O. 9, R. 6 can be set side under R. 7. An application for restoration of the suit under O. 9, R. 4 or R. 9
must be made within 30 days of dismissal.

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

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