De Facto IAS

Kerala Judiciary Prelims Solution 2023

(B) Kottayam, since the buyer resides

Kerala Prelims 2023 there.
(C) Bangalore, since the sale deed
PART-A
could be registered there only.
(D) none of the above.
1. A civil court shall have no jurisdiction over
suits if the amount or value of the subject Answer: (D) None of the above
matter of such suits exceeds its pecuniary Explanation: In this scenario, the
limits of ordinary jurisdiction Section .. of the appropriate jurisdiction for filing the suit
would typically be determined based on the
Code of Civil Procedure, 1908 says so.
provisions of the Code of Civil Procedure,
(A) 4 1908, particularly Sections 15 to 20, which
(B) 5 deal with the jurisdiction of courts in civil
(C) 6 cases.
(D) 21
Answer: (B) 5 4. "The principal sum adjudged would be the
Explanation: Section 5 of the Code of Civil sum actually loaned plus the amount of
Procedure, 1908 specifies the jurisdiction interest on periodical rests which according to
of civil courts and states that civil courts will the contract between the parties or the
not have jurisdiction over matters
established banking practice has stood
exclusively within the purview of special
tribunals or bodies. However, the pecuniary capitalised. Interest pendente lite and future
jurisdiction is typically determined by state interest (i.e., interest post decree not
laws and not by the CPC itself. exceeding 6 per cent per annum) shall be
awarded on such principal sum, i.e., the
2. The Supreme Court of India in Dhulabhai principal sum adjudged on the date of the
v. State of Madhya Pradesh [AIR 1969 SC suit." A Constitution Bench of the Supreme
78} laid down the principles governing - Court of India held so in
(A) res Judicata (A) Central Bank of India v. Ravindra
(B) territorial Jurisdiction of civil courts [(2002) 1 SCC 367 J
(C) suits relating to minors (B) Canara Bank v. G S. Jayarama
(D) exclusion of Jurisdiction of civil [(2022) 7 SCC 776]
courts (C) Dinesh Kumar Gupta v. General
Manager 1, State Bank of India
Answer: (D) Exclusion of Jurisdiction of [(2018) 15 SCC 57]
civil courts
(D) Bank of Baroda v. G. Palani
Explanation: In Dhulabhai v. State of
Madhya Pradesh, the Supreme Court laid [(2022) 5 SCC 612]
down the principles that govern the Answer: (A) Central Bank of India v.
exclusion of the jurisdiction of civil courts. Ravindra [(2002) 1 SCC 367]
Explanation: In this case, the Constitution
3. An agreement to sell an immovable Bench of the Supreme Court of India
provided the principle regarding the
property situated at Ernakulam was executed
calculation of interest in cases involving
at Bangalore. The buyer resides at Kottayam. loans and banking practices. The
The seller resides at Kozhikode. The judgement laid down the method for
agreement fell through. The seller wants to determining the principal sum adjudged, as
file a suit for compensation. Where can he well as the calculation of interest pendente
institute the suit and why? lite and future interest.
(A) Kozhikode, since the seller
resides there.

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 De Facto IAS
Kerala Judiciary Prelims Solution 2023

5. A decree holder seeks sale of a property

decree and not by separate suits.
belonging to the judgement debtor so as to
realise the amount due under that decree.
The property lies outside the Jurisdiction of 7. A suit dismissed for default was restored.
the court which passed the decree. The In the order allowing restoration, the plaintiff
judgement debtor raised an objection of lack was directed to pay the defendant costs of
of jurisdiction to the court which passed the Rs.20,000/-. Costs remained unpaid and
decree. Which among the following is hence the defendant filed an execution
correct? petition. It is
(A) The Court which passed the (A) not maintainable since it is not a
decree alone can order sale. decree
(B) Decree for realisation of money (B) maintainable in the light of the
cannot be transferred to another provisions of Section 36 of the Code
court. of Civil Procedure, 1908
(C) Court where the property is (C) maintainable if only the suit is
situated alone can order sale. dismissed after trial
(D) Order for transfer of decree has to (D) not maintainable since the remedy
be obtained from the District Court. is to file an application under Section
151 of the Code of Civil Procedure,
Answer: (C) Court where the property is 1908
situated alone can order sale.
Explanation: As per the provisions of Answer: (B) Maintainable in the light of the
CPC, the court which has jurisdiction over provisions of Section 36 of the Code of
the location of the property can order its Civil Procedure, 1908.
sale in the execution of a decree. Explanation: Section 36 of the CPC allows
for the execution of orders like payment of
costs as if they were decrees.
6. A decree passed by a Munsiff is modified
by the High Court in Second Appeal. When
the decree was put in execution, the 8. The court after trial found that the plaintiff
judgement debtor questioned its executability is entitled to the declaration of title as
by filing a petition under Section 47 of the claimed. But the court refused to grant a
Code of Civil Procedure, 1908. The decree decree. Which among the following would be
holder would contend that such a question the reason?
can be decided only by the High Court or In a (A) Sufficient court fees are not paid.
separate suit. Choose the correct statement. (B) Cause of action is not proved.
(A) Separate suits are the remedy. (C) Consequential relief is not
(B) The High Court alone can decide claimed.
the question. (D) Original title deed Is not produced.
(C) First appellate court has to decide Answer: (C) Consequential relief is not
the question. claimed.
(D) Court executing the decree has to Explanation: According to Section 34 of
decide the question. Specific Relief Act, 1963, the court can
deny a decree if a consequential relief,
Answer: (D) Court executing the decree which should necessarily have been
has to decide the question. sought, is not claimed.
Explanation: As per Section 47 of the
CPC, questions arising between parties in
execution proceedings should be 9. 'A' is a government servant. He has a
determined by the court executing the monthly salary of Rs.31,000/-. He is the

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 De Facto IAS
Kerala Judiciary Prelims Solution 2023

judgement debtor in a money suit. What (B) under Order II Rule 2 of the Code
portion of his salary is attachable in the of Civil Procedure, 1908
execution of the decree? (C) under Order IX Rule 9(1) of the
(A) Rs.9,000/- Code of Civil Procedure, 1908
(B) Rs.8,000/- (D) None of the above
(C) Rs.10,000/-
Answer: (B) Under Order II Rule 2 of the
(D) Rs.7,000/- Code of Civil Procedure, 1908
Answer: (A) Rs.9,000/- Explanation: Order II Rule 2 bars suits on
Explanation: As per the First Proviso to omitted claims if the plaintiff could have
Section 60(1) of the CPC, one-third of the claimed the relief in a previous suit and
salary is exempted from attachment, omitted it without the court's permission.
leaving two-thirds attachable.
12. What is meant by ‘registered address'
10. (1) In a suit filed under Section 92 of the used In the Code of Civil Procedure, 1908?
Code of Civil Procedure, 1908, leave of the (A) Address of a party given in the
court is a precondition for the institution. vakalath
(2) In a representative suit under Order I, (B) Address to be furnished when a
Rule 8 of the Code of Civil Procedure, 1908, cheque application Is submitted
leave of the court is not a precondition for (C) Address to be furnished when a
institution. summons is issued by registered post
(A) Statement 1 alone is correct. (D) Address of a party given in the
(B) Statement 2 alone is correct. pleadings
(C) Statements 1 and 2 are incorrect. Answer: (D) Address of a party given In
(D) Statements 1 and 2 are correct. the pleadings
Explanation: In the context of the CPC,
Answer: (A) Statement 1 alone is correct.
the 'registered address' refers to the
Explanation: Statement 1 is correct. In a
address provided by a party in their
suit filed under Section 92 of the Code of
pleadings.
Civil Procedure, 1908, leave of the court is
indeed a precondition for institution. This
section pertains to suits for public 13.Order VIII Rule 1 of the Code of Civil
charitable or religious purposes. Procedure, 1908 stipulates that the defendant
Statement 2 is incorrect. In a
shall, within thirty days from the date of
representative suit under Order I, Rule 8 of
the Code of Civil Procedure, 1908, leave of service of summons on him, present a written
the court is necessary statement of his defence. The time stipulated
in Order VIII Rule 1 is
(A) mandatory
11.The second suit was in respect of the
(B) mandatory In money suits alone
same cause of action as that on which the
(C) directory
previous suit was based; In respect of that
(D) directory in money suits alone
cause of action the plaintiff was entitled to
more than one relief; and having entitled to Answer: (C) Directory
more than one relief, the plaintiff, without Explanation: Although the provision under
obtaining leave from the Court, omitted to sue Order VIII Rule 1 prescribes a time frame,
the courts have interpreted it as directory,
for the relief for which the second suit had
given the principle of ensuring justice over
been filed. The above are to be proved by the procedural technicalities.
defendant In order to establish a bar………
(A) under Section 11 of the Code of
Civil Procedure, 1908

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 De Facto IAS
Kerala Judiciary Prelims Solution 2023

14.In a suit, the defendant filed a (B) Decree is one on merits and a
counterclaim. When the suit and counterclaim revision is the only option to challenge
are taken up for trial, the plaintiff failed to it.
appear in court. What does the court do? (C) Decree is an ex parte one, but no
(A) Dismiss the suit and proceed with application to set it aside will lie.
the counterclaim. (D) Decree is an ex parte one and an
(B) Dismiss the suit and the application under Order IX Rule 13 of
counterclaim. the Code of Civil Procedure, 1908 will
(C) Transpose the defendant as the lie.
plaintiff.
Answer: (D) Decree is an ex parte one
(D) Renumber the counter-claim as a and an application under Order IX Rule 13
new suit and proceed. of the Code of Civil Procedure, 1908 will
lie.
Answer: (A) Dismiss the suit and proceed
Explanation: If only the plaintiff appears
with the counterclaim.
and the defendant doesn't, the court can
Explanation: If the plaintiff doesn't appear,
pass an ex parte decree. Order IX Rule 13
the suit can be dismissed, but the
allows the defendant to apply for the
counterclaim can proceed as it is
setting aside of this decree.
independent of the plaintiff's claim.

17. A notice under Order XXI Rule 37 of the

15. Where issues both of law and of fact arise
Code of Civil Procedure, 1908 was served on
in the same suit and the court is of the
the judgement debtor. He failed to appear in
opinion that the case or any part thereof may
court. Hence the execution court recorded
be disposed of on an issue of _____ only, it
evidence of the decree holder. The court, on
may try that issue first if that issue relates to
convincing that the judgement debtor has
the jurisdiction of the court, or a bar to the
enough means to pay the decree debt,
suit created by any law for the time being in
issued a warrant for his arrest. He was
force.
arrested and produced. The court,
(A) law
(A) shall soon commit the judgement
(B) Fact
debtor to civil prison
(C) both law and fact
(B) shall ask the decree holder to
(D) Neither law nor fact
prove the means of the judgement
Answer: (A) Law debtor
Explanation: As per Order XIV Rule 2 of (C) shall release the Judgment debtor
the CPC, if the court believes a suit can be
since warrant was Issued without
disposed of on a point of law, it may try that
point first. considering his evidence
(D) shall not commit unless a new
warrant for arrest Is Issued after
16. On the day to which the hearing of a suit
recording a fresh finding about his
is adjourned, the plaintiff alone appeared.
means
The court, after recording his evidence,
proceeded to decree the suit by answering Answer: (D) Shall not commit unless a
the issues. new warrant for arrest is issued after
recording a fresh finding about his means.
(A) Decree is one on merits and the
Explanation: Before committing a
only way to challenge it is to file an judgement debtor to civil prison, the court
appeal. needs to ensure that the debtor indeed has
the means to pay but is willfully evading it.

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 De Facto IAS
Kerala Judiciary Prelims Solution 2023

18. The plaintiff in a suit wants to admit in

Explanation: All mentioned options are the
evidence a certified copy of a commission procedural requirements when granting an
report obtained in another suit between the ex parte interim injunction as per Order
same parties. The plaintiff would contend that XXXIX of the CPC.
a report of the commissioner shall be
evidence in the suit in the light of the 20. A caveat shall be valid for
provisions of Order XXVI Rule 10(2) of the (A) 90 days from the date on which it
Code of Civil Procedure, 1908, and hence the was lodged
report shall be received in evidence. Can the (B) 60 days from the date on which it
report be admitted into evidence? was lodged
(A) Report can be admitted in (C) 90 days from the date on which
evidence since it is a public notice is served on the opposite party
document. (D) 60 days from the date on which
(B) Report cannot be admitted In notice is served on the opposite party
evidence since It is submitted In
another suit. Answer: (A) 90 days from the date on
which it was lodged
(C) Report can be admitted in
Explanation: As per Section 148A of the
evidence only if it is proved by CPC, a caveat remains in force for 90 days
examining the commissioner. from the date it was lodged.
(D) Report cannot be admitted in
evidence since it can be admitted in
21. 'A' executed a promissory note on
evidence only in the case in which it
01.01.2018 undertaking to pay
was obtained.
Rs.20,00,000/- to 'B'. The debt remained
Answer: (B) Report cannot be admitted in unpaid. On 01.05.2022, 'A' executed another
evidence since it is submitted In another promissory note undertaking to pay the
suit. amount due under the promissory note dated
Explanation: Order XXVI Rule 10(2)
01.01.2018. 'B' filed suit based on the
states that the commissioner's report is
evidence in the suit in which it is produced. promissory note dated 01.05.2022. Is the suit
It doesn't apply to other suits. barred by the law of limitation?
(A) Yes. Since the debt due under the
first promissory note is already barred
19. If an order of temporary Injunction is
by the law of limitation.
granted without notice to the defendant, the
(B) Yes. A barred debt cannot be the
court shall ensure .
consideration for a written Instrument.
(A) recording of the reasons for Its
(C) No. A barred debt can be the
opinion that the object of granting the
consideration for a written instrument.
injunction would be defeated by delay
(D) No. Since the suit Is based on the
(B) that the application for injunction
original cause of action.
together with the documents specified
in this behalf are delivered on or sent Answer: (B) Yes. A barred debt cannot be
to the defendant by registered post the consideration for a written Instrument.
(C) that an affidavit stating that such Explanation: A fresh promissory note or
any written instrument cannot revive a debt
copies have been so delivered or sent
which is already barred by the law of
Is submitted by the defendant limitation, as it's not valid consideration.
(D) All the above
Answer: (D) All the above 22. Which one of the following is not a
novation of a contract?

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 De Facto IAS
Kerala Judiciary Prelims Solution 2023

(A) 'A' owes '01 Rs.10,000/-. A' enters into an compensation not exceeding the
agreement with ’B' and gives 'B' a mortgage amount of penalty stipulated in the
of 'A's estate for Rs.5,000/- In place of the contract
debt of Rs. 10,000/-
Answer: (D) Incorrect, since the liability of
(B) 'A' bld a tender for the construction of a the defendant is to pay reasonable
bridge and executed the contract. 'A' and the compensation not exceeding the amount of
employer later agree that once the bridge is penalty stipulated in the contract.
constructed, 'A' shall be allowed to operate Explanation: As per Section 74 of the
the bridge for twenty years. Indian Contract Act, 1872, the party who
(C) If 'A' and 'B' who are the parties to a suffered breach is entitled to receive
compensation not exceeding the penalty
contract agree not to perform the contract. stipulated in the contract.
(D) 'A' and '8' are parties to a contract. They
and 'C* agree that 'B' together with 'C' will
perform the contract. 24. A suit is instituted for a decree to declare
that a contract is invalid since it is tainted by
Answer: (C) If 'A' and 'B' who are the undue influence. No further relief is claimed.
parties to a contract agree not to perform If a decree of declaration is granted, which
the contract.
Explanation: Novation is a process by among the following is correct?
which old obligations of parties under a (A) Undue Influence vitiates the contract
contract are replaced by new ones. Option making it void and therefore the decree Is
C merely talks about an agreement not to incorrect.
perform the contract, which does not (B) Undue influence vitiates the contract
replace the old obligations or parties, and making it voidable and therefore the decree is
thus, it is not a novation.
incorrect.
(C) Undue Influence vitiates the contract
23. The suit is one for compensation for making It void and therefore the decree is
breach of contract. In the contract, a penalty correct.
of Rs. 10,00,000/- is stipulated in case the (D) Undue Influence vitiates the contract
contract is broken. The defendant admitted making it voidable and therefore the decree
non-performance but denied any loss to the Is correct.
plaintiff. The court decreed the suit for
Answer: (D) Undue Influence vitiates the
Rs.10,00,000/- holding that since the
contract making it voidable and therefore
defendant admitted non-performance, no the decree is correct.
further enquiry is permissible. The decree is, Explanation: As per Section 19A of the
(A) correct, since an enquiry Indian Contract Act, 1872, a contract
regarding actual damages is induced by undue influence is voidable at
impermissible In a case where the the option of the party whose consent was
penalty amount is quantified so obtained.
(B) correct, since the court is bound to
grant a decree for the amount of 25. In a suit for realisation of money, the
penalty fixed In the contract and an second defendant-surety contended that
enquiry In that respect is without his knowledge the first
Inconsequential defendant-principal debtor alienated the
(C) incorrect, since the parties have hypothecated property and hence he is not
no right to stipulate the penalty liable for the debt. The contention of the
amount in a contract second defendant is .
(D) Incorrect, since liability of the
defendant is to pay reasonable

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Kerala Judiciary Prelims Solution 2023

(A) valid, since he Is discharged (A) Shehammal v. Hasan Khanl

under Section 139 of the Contract Act, Rawther and others [(2011) 9 SCC
1872 2231
(B) Invalid, since liability of the surety (B) Hafeeza Bibi and others v. Shaikh
is coextensive to that of the principal Farid (Dead) by LRs. and others
debtor [(2011) S SCC 654]
(C) Invalid, since both defendants are (C) Mohammad Ahmad v. Atma Ram
disbarred from raising such contention Chouhan [(2011) 7 SCC 755]
under Section 139 of the Contract Act, (D) Safiya Bee v. Mohammed
1872 Vajahath Hussain alias Fasl ((2011) 2
(D)valid, since he is discharged under SCC 94]
Section 139 of the Transfer of
Answer: (C) Mohammad Ahmad v. Atma
Property Act, 1882 Ram Chouhan [(2011) 7 SCC 755]
Answer: (B) Invalid, since the liability of Explanation: In the case of Shehammal v.
the surety is coextensive to that of the Hasan Khanl Rawther and others [(2011) 9
principal debtor. SCC 223], the Supreme Court of India held
Explanation: As per Section 128 of the the mentioned stance about present and
Indian Contract Act, 1872, the liability of prevalent market rent. The court stated that
the surety is coextensive with that of the if the tenant pays the market rent as
principal debtor, unless it is otherwise assessed and fixed between the parties,
provided by the contract. then the landlord is not entitled to bring an
action for eviction against such a tenant for
a period of 5 years.
26. A person who came in possession of a
cheque for consideration is its
28. A landlord wants to reconstruct his shop
(A) holder
building, which is in occupation of a tenant,
(B) drawee
and after reconstruction, the landlord needs
(C) holder in due course
to occupy it for his residential purpose.
(D) Drawer
Choose the provision of the Kerala Buildings
Answer: (C) Holder in due course (Lease and Rent Control) Act, 1965 under
Explanation: A person who comes into which he has to apply for eviction?
possession of a negotiable instrument, (A) Section 11(2)
such as a cheque, for consideration, in
(B) Section 11(3)
good faith, before it is overdue, and without
any reason to believe that any defect exists (C) Section 11 (4)
in the title of the person who transferred it (D) Section 11(8)
to him, is termed as a "holder in due
Answer: (C) Section ll(4)
course" according to the Negotiable
Explanation: Under the Kerala Buildings
Instruments Act, 1881.
(Lease and Rent Control) Act, 1965,
Section 11(4)(iv) provides for eviction of a
27. The Supreme Court of India held as tenant if the landlord needs the building for
follows; "If present and prevalent market rent his own residential purposes and if the
building is to be reconstructed because it is
assessed and fixed between the parties is
not fit for human habitation. Thus, when a
paid by the tenant, then the landlord shall not landlord wants to reconstruct a shop
be entitled to bring any action for eviction building occupied by a tenant and needs it
against such a tenant at least for a period of for his own residential purpose after
5 years," Which is that decision? reconstruction, he must rely on this
provision.

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 De Facto IAS
Kerala Judiciary Prelims Solution 2023

29. A promissory note is lost from the

return of the cheque.
possession of the payee. He filed a suit Explanation: Under Section 138 of the
based on the lost promissory note. If there Negotiable Instruments Act, 1881, it
arises a dispute as to whether the lost mandates that a notice be given to the
promissory note is duly stamped, what shall drawer within 30 days of receiving
be the legal consequence? information from the bank about the
(A) No suit shall lie on a lost cheque's dishonour.
promissory note and hence the
defendant has no burden. 31. A co-mortgagor filed a suit for redemption
(B) A lost promissory note is and redeemed the entire property. Which of
presumed to be insufficiently stamped the following is the appropriate remedy
and therefore the plaintiff has to prove available to the other co-mortgagor?
that It was duly stamped. (A) File a suit for mandatory Injunction
(C) The plaintiff has to prove that the directing delivery of possession of his
lost promissory note was duly share.
stamped since he claims a decree. (B) File a suit for partition to get his
(D) The plaintiff has no initial burden share in the property on making
since it can be presumed that a lost payment of the proportionate
promissory note was duly stamped. redemption price.
(C) File a suit for recovery of
Answer: (B) A lost promissory note is
presumed to be insufficiently stamped and possession of his share.
therefore the plaintiff has to prove that it (D) File a suit for redemption in
was duly stamped. respect of his share on making
Explanation: In case of a dispute over a payment of the proportionate
lost promissory note's stamp duty, the redemption price.
burden of proof is on the plaintiff to
demonstrate it was duly stamped. Answer: (D) File a suit for redemption in
respect of his share on making payment of
the proportionate redemption price.
30. One of the conditions to constitute an
offence under Section 138 of the Negotiable Explanation: When one co-mortgagor
Instruments Act. 1881 is that the payee or the redeems the entire mortgaged property, the
holder in due course of the cheque makes a other co-mortgagor has the right to redeem
demand by giving a notice in writing for the his share of the property by paying the
proportionate share of the redemption
payment of the amount to the drawer of the amount. Therefore, the appropriate remedy
cheque, within ~ available to the other co-mortgagor is to file
(A) 60 days of the receipt of a suit for redemption in respect of his share
information from the Bank regarding upon making payment of the proportionate
the return of the cheque redemption price.
(B) 30 days of the receipt of
Information from the Bank regarding 32. The defendant purchased land and
the return of the cheque constructed a residential house. His vendor's
(C) 60 days of the date of dishonour title was defective and the claim of the
of the cheque plaintiff to set aside the title deed and
(D) 30 days of the date of dishonour recovery of possession was allowed. The
of the cheque claim of the defendant for compensation was
Answer: (B) 30 days of the receipt of defined by applying the rule in 'quicquid
information from the Bank regarding the plantatur solo, solo cedit'. That decision is,

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 De Facto IAS
Kerala Judiciary Prelims Solution 2023

(A) correct, since that rule is 34, An agreement to sell does not, by itself,
applicable in India create any interest in or charge on the
(B) incorrect, since that rule is immovable property. But the buyer is entitled
applicable in India to a charge on the property to the extent of
(C) correct, since that rule is not the seller's interest in the property unless the
applicable in India buyer has improperly declined to accept
(D) Incorrect, since that rule is not delivery of the property,
applicable in India (A) only if the agreement Is registered
(B) only if possession of the property
Answer: (C) Correct, since that rule is not
applicable in India Is delivered to the buyer
Explanation: The Latin maxim "quicquid (C) for the amount of any purchase
plantatur solo, solo cedit" means whatever money paid by the buyer
is attached to the ground becomes a part (D) for the balance sale consideration
of it. However, this principle is not applied
in India in the context described. Answer: (C) For the amount of any
purchase money paid by the buyer
Explanation: As per the Transfer of
33. Section 53 of the Transfer of Property Property Act, an agreement to sell doesn’t
Act, 1882 stipulates that a suit instituted by a by itself confer any interest in the property.
creditor to avoid a transfer on the ground that But, the buyer has a charge to the extent of
it has been made with intent to defeat or the purchase money paid.
delay the creditors of the transferor shall be
instituted on behalf of, or for the benefit of, all 35. 'A' is in occupation of a building as the
the creditors. If the transferee files a claim tenant. Landlord 'B' entered into an
petition when that property is attached before agreement to sell that building and apparent
judgement in that suit, land to A'. Later 'B‘ filed a petition for eviction
(A) the plaintiff's only remedy is to file under Section 11(3) of the Kerala Buildings
a separate suit on behalf of all the (Lease and Rent Control) Act, 1965. The
creditors in a representative capacity defence of 'A' is that he filed a suit for specific
(B) the plaintiff has to wait till the performance of the contract and he is not
passing of a decree in his suit and liable to be evicted.
then file a fresh suit (A) The contention is tenable since a
(C) the plaintiff can resist the claim court where the suit for specific
petition by raising contentions performance is pending alone can
available under Section 53 of the decide the question of eviction.
Transfer of Property Act, 1882 (B) The contention is tenable since 'B‘
(D) the plaintiff has no remedy since lost the title as landlord on his
the transfer was before the Institution entering into a contract for sale.
of the suit. (C) The contention is untenable since
the contract for sale was entered into
Answer: (C) The plaintiff can resist the
claim petition by raising contentions before the filing of the petition for
available under Section 53 of the Transfer eviction.
of Property Act, 1882 (D) The contention is untenable since
Explanation: Section 53 of the Transfer of the contract for sale does not divest
Property Act deals with fraudulent the title of 'B' as the landlord.
transfers. If a claim petition is filed by a
transferee, the original plaintiff can contest Answer: (D) The contention is untenable
based on the provisions of this section. since the contract for sale does not divest
the title of 'B' as the landlord.

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Kerala Buildings (Lease and Rent

Explanation: Entering into an agreement
to sell doesn't immediately transfer title. Control) Act, 1965
The landlord retains the title until the sale is Answer: (A) To sue under Section 6 of the
completed. Specific Relief Act, 1963
Explanation: Section 6 of the Specific
36. Attestation of a gift deed is in question. It Relief Act provides for a suit by a person
dispossessed of immovable property
is invalid, .
without his consent if the dispossession is
(A) if the witnesses have not seen the not in due course of law.
executant executing the Instrument.
(B) if attested by three witnesses.
38. Blu-ray is an industrial concern. Govind Is
(C) if the witnesses did not attest the
an artist working in Blu-ray. His services were
execution of the Instrument at the
terminated before the expiry of the period of
same time.
the contract. He filed a suit for a mandatory
(D) If the attesting witnesses do not
injunction to continue his services. The suit
personally know the executant.
is,
Answer: (A) If the witnesses have not (A) maintainable, since mandatory
seen the executant executing the Injunction claimed Is to prevent a
Instrument.
breach of an obligation
Explanation: Under the Transfer of
Property Act, 1882, a gift of immovable (Bj maintainable, since the bar under
property must be effected by a registered Section 41 of the Specific Relief Act,
instrument (deed) signed by the donor, 1963 is not applicable
attested by at least two witnesses, and (C) not maintainable, since a
registered. One of the essential mandatory injunction cannot be
requirements of valid attestation is that the granted to enforce a contract, which is
attesting witnesses must have seen the
executant executing the instrument or must so dependent on personal
have received a personal acknowledgment qualifications
from the executant regarding the (D) not maintainable, since no
execution. If the witnesses have not seen declaration Is asked for
the executant executing the instrument, the
attestation and thus, the gift deed, would Answer: (C) Not maintainable, since a
be invalid. mandatory injunction cannot be granted to
enforce a contract, which is so dependent
on personal qualifications
37. landlord forcibly dispossessed the tenant. Explanation: The Specific Relief Act does
His immediate remedy to get back not generally permit mandatory injunctions
possession is .... for contracts requiring personal skills or
(A) to sue under Section 6 of the qualifications.
Specific Relief Act, 1963
(B) to approach the Accommodation 39. The contract is to sell A share in an
Controller under Section 13 of the Immovable property. Appropriate relief to be
Kerala Buildings (Lease and Rent claimed in a suit for getting title and
Control) Act, 1965 possession of the property is,
(C) to apply for restitution under (A) specific performance
Section 144 of the Code of Civil (B) partition
Procedure. 1908 (C) specific performance and
(D) to apply for restoration of (D) specific performance and recovery
possession under Section 33 of the of possession partition

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(C) Magistrate formed an opinion that

Answer: (D) Specific performance and
recovery of possession prima facie there is no material to
Explanation: If the contract is to sell a proceed with.
share in immovable property, specific (D) Magistrate decided to hold a trial.
performance can be claimed along with
recovery of possession. Answer: (A) Magistrate took cognizance of
the offence.
Explanation: When a Magistrate takes
40. The relief claimed in the suit is a direction such steps after examining a complaint, it
to the defendant to execute a proper indicates that he has taken cognizance of
conveyance deed in terms of the decree of the offence.
specific performance. The suit Is .........
(A) maintainable being the remedy 42. Ordinary mode of serving summons
claimed is appropriate issued from a court of Judicial Magistrate of
(B) not maintainable, since it is barred the First Class in the State of Kerala is
under the provisions of Section 28 of (A) by registered post
the Specific Relief Act, 1963 (B) through an officer of the court
(C) maintainable, since Section 28 of (C) through a police
the Specific Relief Act, 1963 (D) by ordinary post officer
contemplates such a suit
Answer: (B) Through an officer of the
(D) not maintainable, since it Is barred court
under the provisions of Section 41 of Explanation: As per the Code of Criminal
the Specific Relief Act, 1963 Procedure, the common method of serving
summons is through an officer of the court.

Answer: (A) Maintainable being the

remedy claimed is appropriate 43. A person is arrested by a customs officer
Explanation: After decreeing specific in the exercise of powers under Section 104
performance, if the defendant does not of the Customs Act, 1962. When he was
execute the necessary deed, the plaintiff produced before a Magistrate, he contended
can seek a direction for its execution.
that there was no provision in the Customs
Act empowering the Magistrate to send him
PART - B to judicial custody. Magistrate accepted that
contention but ordered to send him to judicial
41. A complaint alleging an offence custody. The action of the Magistrate is
punishable under Section 324 of the Indian (A) correct, in view of the provisions
Penal Code, 1860 is filed before a under Section 41(2) of the Code of
Magistrate. After perusing the complaint, the Criminal Procedure, 1973
Magistrate required the complainant to be (B) correct, in view of the provisions
present along with his witnesses for giving under Section 4(2) of the Code of
their statements on oath, and posted the Criminal Procedure, 1973
complaint on the next day. What judicial (C) incorrect, In view of the provisions
process had thereby taken place? under Section 167 of the Code of
(A) Magistrate took cognizance of the Criminal Procedure, 1973
offence. (D) incorrect, in view of the provisions
(B) Magistrate postponed the decision under Section 57 of the Code of
on the question as to whether Criminal Procedure, 1973
cognizance has to be taken.
Answer: (B) Correct, In view of the

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 De Facto IAS
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(B) cannot release him on bail until it

provisions under Section 4(2) of the Code
of Criminal Procedure, 1973 is established whose property was
Explanation: Section 4(2) of the CrPC with him
states that offences under other laws will (C) shall release him on bail, since
be investigated, tried, etc., according to the there Is no allegation of commission
CrPC. of any offence
(D) shall release him on ball since he
44. In view of the provisions under Section has committed only a bailable offence
85(3) of the Code of Criminal Procedure, Answer: (D) Shall release him on bail
1973, if a person whose property has been since he has committed only a bailable
attached and placed at the disposal of the offence
State Government appears voluntarily or Explanation: The decision to grant bail is
arrested and he proves to the satisfaction of contingent upon the nature of the offence
the court that he did not abscond or conceal for which the person is charged. In this
scenario, the emphasis is on the
himself for the purpose of avoiding the
possession of potentially stolen property
execution of warrant, such property be without direct evidence of involvement in a
delivered to him after satisfying all costs non-bailable offence.
incurred in consequence of the attachment.
(A) within a period of 6
46. 'X' reached a police station and gave to
(B) at any time
the officer in charge of that police station a
(C) within 1 year
statement that 'Z' slapped him causing
(D) within 2 years
excruciating pain. What shall the officer do?
Answer: (D) within 2 years (A) Register a crime immediately and
Explanation: According to Section 85(3) of start Investigation.
the Code of Criminal Procedure, 1973, if a (B) Ask 'X' to approach the
person, whose property was attached and
Magistrate.
placed under the disposal of the State
Government, appears voluntarily or is (C) Conduct a preliminary enquiry and
arrested and proves to the court's then register a crime.
satisfaction that he did not abscond or (D) Send 'X' immediately to a hospital
conceal himself to avoid execution of a for treatment and then register a
warrant, his property shall be returned to crime.
him.
Answer: (A) Register a crime Immediately
and start Investigation.
45. Section 41(l)(d) of the Code of Criminal Explanation: On receiving information
Procedure, 1973 empowers a police officer to about the commission of a cognizable
arrest without an order from a Magistrate and offence, the police must register an FIR
without a warrant, a person in whose and start an investigation.
possession anything is found, which may
reasonably be suspected to be stolen 47. Section 162 of the Code of Criminal
property. A person is arrested under section Procedure, 1973 says that no statement
41(l)(d) of the Code and produced before a made by any person to a police officer in the
Magistrate. The Magistrate remanded him to course of an investigation shall be used for
judicial custody. If an application for releasing any purpose, save as provided in that
him on bail is filed, the Magistrate Section. Which among the following is the
(A) cannot release him on bail without correct statement, in the context of Section
hearing the prosecution, since he has 145 of the Evidence Act, 1872?
committed a non-bailable offence

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(A) To contradict him by asking (A) All persons accused of the same
whether he was questioned by police. offence committed in the course of the
(B) To corroborate by Inviting his same transaction can be tried
attention to the statement made to together,
police intended to be corroborated. (B) All persons accused of similar
(C) To contradict him by inviting his offences committed by them within
attention to the statement made to the period of twelve months can be
police intended to be contradicted. tried together.
(D) To corroborate him by asking (C) All persons accused of three
whether he has given such a offences of the same kind, committed
statement before police. by them Jointly within the period of
twelve months can be tried together,
Answer: (C) To contradict him by inviting
his attention to the statement made to (D) All persons accused of different
police intended to be contradicted. offences committed in the course of
Explanation: As per Section 162 CrPC the same transaction can be tried
and in the context of Section 145 of the together.
Evidence Act, the previous statement can
be used to contradict the witness. Answer: (B) All persons accused of similar
offences committed by them within the
period of twelve months can be tried
48. While a Munsiff was holding a sitting, together.
Mr.'X' Intentionally caused interruption to the Explanation: This is not a general
proceedings in the court and thereby principle of joint trials under the CrPC.
committed an offence punishable under
Section 228 of the Indian Penal Code, I860. 50. Mr.'A' is accused of an offence
The Munsiff can - punishable under Section 420 of the Indian
1. take cognizance of the offence and, after Penal Code, 1860. He filed a petition claiming
giving the offender a reasonable opportunity discharge under Section 239 of the Code of
of showing cause, sentence Mr.'X' to pay a Criminal Procedure, 1973. He produced three
fine not exceeding two hundred rupees; documents which clearly exculpate him of the
2. make a complaint in writing against Mr.'X' offence. The Magistrate in the light of those
and send it to a Magistrate having documents discharged Mr.'A'. The order
jurisdiction; (A) is correct
3 cause to arrest Mr.'X’ and forward him to (B) can be correct or wrong
police with a direction to register a case, depending upon the facts of the case
investigate and file a final report. (C) being a discretionary one, It has to
(A) Options 1 and 2 are correct be treated as correct
(B) Option 1 is correct (D) Is wrong
(C) Option 2 Is correct
Answer: (A) Is correct
(D) Options 1 to 3 are correct
Explanation: Under Section 239 of the
Answer: (A) Options 1 and 2 are correct CrPC, a Magistrate can discharge an
Explanation: Section 228 IPC allows the accused if, after considering the
judge to either take action directly or make documents referred to in Section 207, and
a complaint in writing to a Magistrate. hearing the prosecution and the accused,
he finds no ground to proceed against the
accused.
49. Find out the odd one from statements (A)
to (D).

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 De Facto IAS
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51. The offence alleged against the accused offence, whereas pardon can be tendered by
is under Section 138 of the Negotiable a Judicial Magistrate of the First Class at any
Instruments Act,1881. When the matter was stage of the
taken up for recording the plea of the (A) Inquiry into, or the
accused, the Magistrate was convinced that (B) inquiry into the offence trial of the
the materials were insufficient to constitute offence
the offence. The Magistrate, therefore, (C) trial of the offence
stopped the proceedings under Section 258 (D) investigation of the offence
of the Code of Criminal Procedure, 1973 and
Answer: (B) Inquiry Into the offence trial of
discharged the accused. The order is the offence
(A) correct since it Is a summons case Explanation: As per Section 306 of the
(B) incorrect since it is a warrant case CrPC, 1973, the Chief Judicial Magistrate
(C) Incorrect since it is a complaint can tender pardon at any stage of the
case investigation, inquiry, or trial, whereas the
(D) incorrect since the accused was Judicial Magistrate of the First Class can
do so only during the inquiry into or trial of
discharged instead he being acquitted the offence.
Answer: (C) Incorrect since it is a
complaint case 54. A Magistrate recorded part of the
Explanation: Section 258 CrPC applies to
summons cases instituted otherwise than evidence during the trial of a case. The
upon a complaint. An offence under successor Magistrate may act on the
Section 138 of the Negotiable Instruments evidence so recorded by his predecessor if
Act is initiated on a complaint, so Section (i) It is a summary trial
258 is not applicable. (ii) it is a case transferred for want of
competency to the predecessor Magistrate
52, The Magistrate shall, as the examination (A) (i) is correct
of each witness proceeds, make a (B) (ii) Is correct
memorandum of the substance of the (C) (i) and (ii) are correct
evidence in the language of the Court. This (D) (i) and (ii) are incorrect
procedure applies to Answer: (A) (i) is correct
(A) warrant cases Explanation: If a Magistrate recorded part
(B) summons cases of the evidence during a summary trial, the
(C) summary trials successor Magistrate can act on the
(D) all the above evidence so recorded by his predecessor.
However, this is not applicable in cases
Answer: (D) All the above transferred due to lack of competency.
Explanation: According to the Code of
Criminal Procedure, 1973, the Magistrate is
required to make a memorandum of the 55. Section 354(4) of the Code of Criminal
substance of the evidence as the Procedure, 1973 says that when the
examination of each witness proceeds. conviction is for an offence punishable with
This procedure is applicable to warrant imprisonment for a term of one year or more,
cases, summons cases, and summary but the court imposes a sentence of
trials.
imprisonment for a term of less than (1) , it
shall record Its reasons for awarding such
53. Pardon under Section 306 of the Code of sentence, unless the sentence is one of (2) or
Criminal Procedure, 1973 can be tendered by unless the case was tried summarily under
a Chief Judicial Magistrate at any stage of the the provisions of the Code.
investigation or inquiry into, or the trial of the

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 De Facto IAS
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(A) 6 months..(I)..; imprisonment till notice to the sureties calling upon them to
the rising of the Court ..(2).. pay the penalty or to show
(B) 6 months ..(I)..- fine only ..(2).. cause why the penalty should not be paid.
(C) 3 months ..(1)..: fine only ..(2).. The sureties appeared and contended that
(D) 3 months.41)..; imprisonment till the action taken against them is Illegal since
the rising of the Court ..(2).. no notice asking them to produce the
accused was given. Decide.
Answer: (B) 6 months ..(I)..- fine only
..(2).. (A) Action is Illegal, since such a
Explanation: As per Section 354(4) of notice is mandatory under Section
CrPC, when the conviction is for an offence 446 of the Code of Criminal
punishable with imprisonment for a term of Procedure, 1973, but was not given.
one year or more, but the court imposes a (B) Action is legal if the case is a
sentence of imprisonment for less than 6 summons case.
months, reasons must be recorded, unless
the sentence is one of fine only. (C) Action is legal, since Section 446
of the Code of Criminal Procedure,
1973 does not contemplate such a
56. 90 days is the period provided for notice.
completing the investigation, failing which the (D) Action is Illegal if the case
accused is entitled to get default ball under Involves a Sessions offence.
the proviso to Section 167(2) of the Code of
Criminal Procedure, 1973, if the offence is Answer: (C) Action is legal, since Section
punishable with imprisonment for a term not 446 of the Code of Criminal Procedure,
1973 does not contemplate such a notice.
less than 10 years. In which case, the Explanation: Under Section 446 of the
Supreme Court of India Interpreted that the Code of Criminal Procedure, 1973, the
period of imprisonment for the above purpose court has the authority to issue a notice to
shall be a minimum of 10 years? the sureties to pay the penalty amount if
(A) Bhupinder Singh v. Jarnail Singh [ the accused fails to appear before the
(2006) 6 SCC 277] magistrate on the dates specified. This
provision is put in place to ensure the
(B) Rakesh Kumar Paul v. State of
appearance of the accused in court,
Assam [(2017) 15 SCC 67] leveraging the surety bond that was
(C) Prakash Singh v. Union of India executed to secure bail.
[(2006) 8 SCC 1) The correct answer is (C) Action is legal,
(D) Sanjay Dutt v. State [(1994) 5 since Section 446 of the Code of Criminal
SCC 410] Procedure, 1973 does not contemplate
such a notice. The law does not mandate a
Answer: (A) Bhupinder Singh v. Jarnail prior notice to the sureties asking them to
Singh [ (2006) 6 SCC 277] produce the accused before taking action
Explanation: In the case of Bhupinder against them for the penalty.
Singh v. Jarnail Singh, the Supreme Court
interpreted that the period of imprisonment
for the purpose of default bail under
Section 167(2) of the CrPC should be a 58. In an offence, an accused can be
minimum of 10 years. arrested by a police officer without a warrant.
(A) cognizable
57. An accused who was released on bail (B) non-bailable
failed to appear before the Magistrate on (C) warrant case
successive dates of posting. The Magistrate (D) sessions case
invoking the provisions of Section 446 of the Answer: (A) Cognizable
Code of Criminal Procedure, 1973 issued

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 De Facto IAS
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age from the purview of offences applies to

Explanation: A police officer can arrest
without a warrant in cognizable offences as murder and other offences under the Penal
per Section 2(c) the CrPC. Code?
(A) By the application of Section 5 of
the Indian Penal Code, I860,
59. Criminal misappropriation of property is
(B) By the application of Section 6 of
an offence. The Magistrate convicted and
the Indian Penal Code, I860.
sentenced the accused to the maximum
(C) By the application of Section 76 of
prescribed sentence of two years
the Indian Penal Code, I860.
Imprisonment. The accused was not heard
(D) By the application of Section 9 of
on the question of sentence. Did the
the Indian Penal Code, I860
Magistrate go wrong?
(A) Yes, since it is a warrant case, Answer: (B) By the application of Section
(B) Yes, since it is a summons case. 6 of the Indian Penal Code, I860.
(C) No, since it is a warrant case. Explanation: Section 6 of the Indian Penal
Code states that all definitions and
(D) No, since it is a summons case
provisions contained in the IPC shall apply
Answer: (A) Yes, since it is a warrant unless there is a distinct provision made or
case. unless a different intention appears. This
Explanation: In warrant cases, the inclusive principle means that the general
accused must be heard on the question of exceptions provided in the IPC, such as
sentence before a decision is made. The Section 82, which declares that nothing is
Magistrate failed to do this. an offence done by a child under seven
years of age, apply universally to all
sections unless explicitly stated otherwise.
60. Punishment prescribed for an offence
under a special statute is Imprisonment for a
period of 7 years. There is no provision in the 62. Section 84 of the Indian Penal Code, I860
statute stating which court has to try that says that nothing is an offence which is done
offence, if so, that offence is triable by which by a person who, at the time of doing it, by
court? reason of unsoundness of mind,
(A) Judicial Magistrate of the Second (A) is capable of knowing the nature
Class of the act
(B) Judicial Magistrate of the First (B) is Incapable of knowing that he is
Class a person of unsound mind.
(C) Sessions Court (C) is capable of knowing that the act
(D) Special Court he is doing is either wrong or contrary
to law
Answer: (C) Sessions Court (D) Is incapable of knowing the nature
Explanation: When the punishment of the act, or that he is doing what is
prescribed is imprisonment for a period of 7
years or more and the special statute does either wrong or contrary to law
not specify a court, the offence is triable by Answer: (D) Is incapable of knowing the
the Sessions Court. nature of the act, or that he is doing what is
either wrong or contrary to law
61. Section 300 of the Indian Penal Code, Explanation: Section 84 of the IPC
provides an exception for acts done by a
1860 defines murder. It does not express that person of unsound mind. The person must
a child under seven years of age cannot be incapable of understanding the nature
commit murder, if so, why do we say that of the act or its wrongfulness.
Section 82 of the Penal Code which accepts
acts done by a child under seven years of

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 De Facto IAS
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63. Five persons stood trial on a charge (C) Voluntarily causing hurt on sudden
under Sections 143, 147, 148 and 326 read provocation
with 149 of the Indian Penal Code, 1860. The (D) Voluntarily causing grievous hurt
Magistrate acquitted all the accused, holding on sudden provocation
that the prosecution failed to prove the
Answer: (B) Voluntarily causing grievous
involvement of five persons but proved the hurt
involvement of only two Explanation: According to the seventh
among them and they together did the crime. clause of Section 320, "fracture or
Choose the correct remark from the following. dislocation of a bone or tooth" is expressly
(A) Magistrate should have altered the classified as grievous hurt. In the scenario
charge and retry those two accused described, the accused caused the injured
to lose a tooth as a result of the fist blow to
(B) Magistrate had no other option the face. This specific injury aligns with the
(C) Magistrate could have convicted definition of grievous hurt under the
those two accused seventh clause of Section 320 of the IPC.
(D) Magistrate should have ordered
reinvestigation
66. The accused forcibly grabbed the arm of
Answer: (C) Magistrate could have the victim, aged 25 years, dragged him into
convicted those two accused his car, took him to the house of the accused
Explanation: The evidence was there for 5 kms. away and, after 3 hours, let him off.
the involvement of two persons. The What offences had the accused committed?
Magistrate could have convicted them
based on the evidence at hand. (A) Kidnapping and wrongful restraint
(B) Abduction, assault and wrongful
confinement
64. 'A' made a false entry in an account book (C) Kidnapping and wrongful
for the purpose of using it as evidence to confinement
support his claim in a suit and produced it in (D) Abduction, assault and wrongful
a court. What offence would thereby be restraint
constituted?
(A) Fabrication of false Answer: (B) Abduction, assault and
(B) Giving of false evidence evidence wrongful confinement
Explanation: The actions of the accused
(C) Fraud amount to abduction (forcibly moving
(D) Cheating someone from one place to another),
Answer: (A) Fabrication of false evidence assault, and wrongful confinement
Explanation: 'A' created a false document (keeping someone against their will).
with the intention to use it as evidence.
This constitutes the offence of fabrication 67. A theft becomes robbery if, in order to the
of false evidence under IPC. committing of the theft, or in committing the
theft, or in carrying away or attempting to
65. A taxi driver picked up a quarrel with the carry away property obtained by the theft, the
accused on the taxi fare. The injured offender, for that end,
intervened and tried to stop the quarrel. The (A) voluntarily causes or attempts to
accused fisted the injured on his face. He cause to any person death or hurt
received a bleeding injury and lost a tooth. (B) voluntarily causes or attempts to
What is the offence committed by the cause to any person wrongful restraint
accused? (C) voluntarily causes or attempts to
(A) Voluntarilycausing hurt cause to any person fear of instant
(B) Voluntarily causing grievous hurt

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 De Facto IAS
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death or of instant hurt, or of instant

spending the money, despite knowing the
wrongful restraint rightful owner, clearly falls under the
(D) All the above definition of criminal misappropriation, as
he has acted dishonestly with the intention
Answer: (D) All the above
of causing wrongful gain to himself and
Explanation: Robbery, as defined under
wrongful loss to the owner.
the IPC, involves theft with the added
elements of causing death, hurt, wrongful
restraint, or fear of these to any person. 70. Which among the following combinations
constitutes an offence of cheating?
68. A gang of seven persons committed (A) Deception and delivery of property
dacoity and murder. They shall be (B) Deception and fraudulent or
(A) sentenced for murder alone dishonest Inducement
(B) sentenced separately for murder (C) Deception, fraudulent or dishonest
and dacoity inducement and delivery of property
(C) sentenced separately for murder (D) Fraudulent or dishonest
and dacoity with murder Inducement and delivery of property
(D) sentenced for dacoity with murder Answer: (C) Deception, fraudulent or
alone dishonest inducement and delivery of
property
Answer: (D) Sentenced for dacoity with
Explanation: The combination that
murder alone
constitutes an offence of cheating, as
Explanation: When dacoity is
defined under Section 415 of the Indian
accompanied by murder, the accused can
Penal Code (IPC), is (C) Deception,
be sentenced for dacoity with murder under
fraudulent or dishonest inducement, and
the IPC.
delivery of property. Cheating involves
deceiving someone in such a manner that
69. A' finds a purse containing Rs.10,000/- the person is led to deliver any property to
lying on the public road. A took it. Afterwards, any person or to consent that any person
he knew that it belonged to another. shall retain any property, or intentionally
induces the person so deceived to do or
However, he spent the money. Has he
omit to do anything which he would not do
committed any offence? or omit if he were not so deceived, and
(A) Yes, criminal misappropriation of which act or omission causes or is likely to
property cause damage or harm to that person in
(B) No offence body, mind, reputation, or property.
(C) Yes, theft
(D) Yes, Criminal breach of trust 71. Choose the provision in the Indian
Answer: (A) Yes, criminal misappropriation Evidence Act, 1872 which makes the report
of property of a test Identification parade relevant.
Explanation: According to Section 403 of (A) Section 6
the IPC, criminal misappropriation of (B) Section 8
property occurs when a person dishonestly (C) Section 9
misappropriates or converts to his own use
(D) Section 46
any movable property, knowing that it does
not belong to him. Initially finding the purse Answer: (C) Section 9
on the public road does not constitute an Explanation: Under the Indian Evidence
offence. However, the moment 'A' decides Act, 1872, Section 9 makes the report of a
to use the money after realising it belongs test identification parade relevant as it
to someone else, it becomes an act of relates to facts necessary to explain or
dishonest misappropriation. 'A's action of introduce a relevant fact.

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character is irrelevant unless

72. The inscription on a plaque placed on a evidence has been given that he has
bridge at the time of its inauguration is a good character, In which case it
(A) opinion evidence becomes relevant.
(B) documentary evidence (C) A previous conviction of the
(C) oral evidence accused is relevant as evidence of
(D) not evidence bad character.
(D) In criminal proceedings, the fact
Answer: (B) Documentary evidence
Explanation: The inscription on a plaque that the accused person is of good
is a form of documentary evidence as it character is irrelevant.
provides a record of an event or fact.
Answer: (D) In criminal proceedings, the
fact that the accused person Is of good
73. 'A' filed a suit against 'B' to restrain him character is irrelevant.
from trespassing on the land of 'A'. 'B' alleged Explanation: The Indian Evidence Act,
1872, under Section 53, provides that in
the existence of a pathway along that land
criminal proceedings, the fact that the
and he succeeded. Subsequently, 'A' filed a accused person is of good character is
suit relating to the same land against C. What relevant.
is the use of the judgement In the suit
between 'A' and 'B' in the suit between 'A'
75. An attested document, which is not
and 'C' insofar as the existence of the
required by law to be attested, may be
pathway Is concerned?
(A) proved by calling at least one of
(A) The judgement is relevant
the attesting witnesses
(B) The judgement Is irrelevant
(B) proved as if it was unattested
(C) The judgement Is conclusive proof
(C) cannot be proved even if an
(D) The judgement bars the trial of the
attesting witness Is examined
suit between 'A' and 'C‘
(D) received in evidence without
Answer: (A) The judgement Is relevant formally proving It
Explanation: In light of Section 42 of The
Indian Evidence Act, 1872, the judgement Answer: (B) Proved as if it was unattested
from the suit between 'A' and 'B', regarding Explanation: If a document is attested but
the existence of a pathway on 'A's land, is the law does not require it to be so, it can
indeed relevant in a subsequent suit be proved as if it was unattested.
between 'A' and 'C' concerning the same Attestation is not a requirement for such
land and issue. This section makes it clear documents, and their proof is not
that judgments, orders, or decrees on contingent upon calling attesting witnesses.
matters of a public nature that are relevant
to the inquiry at hand are considered 76. Parol evidence rule bars extrinsic
relevant evidence in legal proceedings.
evidence, Including prior or
However, it is important to note that while
these are relevant, they do not serve as contemporaneous oral agreements, that
conclusive proof of the matters they state. contradict or create a variation of a term In
the written agreement. This rule is embedded
In Section of the Indian Evidence Act, 1872.
74. Choose the incorrect statement.
(A) 60
(A) In criminal proceedings, the fact
(B) 63
that the accused person is of good
(C) 92
character is relevant.
(D) 104
(B) In criminal proceedings, the fact
that the accused person has a bad Answer: (C) 92

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 De Facto IAS
Kerala Judiciary Prelims Solution 2023

such witness relating to the same fact, if such

Explanation: Section 92 of the Indian
Evidence Act, 1872 embodies the Parol a former statement was made,
Evidence Rule. It provides that when the (i) at or about the time when the fact took
terms of a contract or agreement are place.
reduced to writing, no evidence of any oral (il) before any authority legally competent to
agreement or statement can be admitted Investigate the fact.
as between the parties to vary the terms of (A) Statement (i) is correct
the written agreement.
(B) Statement (ii) is correct
(C) Statements (i) and (ii) are correct
77. A child of age is incompetent to be a (D) Statements (i) and (ii) are
witness in a court of law. incorrect
(A) 7
(B) 12 Answer: (C) Statements (i) and (ii) are
correct
(C) 10 Explanation: Both statements are
(D) None of the above consistent with Section 157 of the Indian
Answer: (D) None of the above Evidence Act, which provides for the
Explanation: The Indian Evidence Act, corroboration of a witness's testimony by a
1872 does not prescribe any specific age prior consistent statement.
below which a child is considered
incompetent to be a witness. The 80. As per Section 68 of the Indian Evidence
competency is determined based on the Act, 1872 if a document Is required by law to
child's ability to understand questions and
provide rational answers. be attested, it shall not be used as evidence
until one attesting witness at least has been
called for the purpose of proving its
78. 'X' stated during the police Investigation execution. This rule is subject to the proviso
that he saw 'A' robbing the house. In court, 'X' that such proof is needed in the case of a
deposed that he saw both 'A' and 'B' robbing duly registered document if its execution by
the house. What is the exact legal the person by whom it purports to have been
terminology, If the defence uses that executed is specifically denied. Which
evidence as provided in Section 155(3) of the document is excluded from the said proviso?
Indian Evidence Act,1872? (A) Mortgage
(A) An omission amounting to a (B) Will
contradiction (C) Gift
(B) Corroboration by contradiction (D) Sale
(C) Contradiction of character
(D) Explanation of lacuna in evidence Answer: (B) Will
Explanation: Section 68 of the Indian
Answer: (A) An omission amounting to a Evidence Act, 1872 exempts wills from the
contradiction proviso requiring the examination of an
Explanation: Section 155(3) of the Indian attesting witness in cases where the
Evidence Act,1872, allows the credibility of execution of a document is specifically
a witness to be impeached by the adverse denied.
party or, with the consent of the court, by
the party who calls him, through evidence
of any former contradictory statement
made by such witness. PART-C

81. Which judgment pronounced by the

79. The testimony of a witness can be
Supreme Court of India laid down guidelines
corroborated by a former statement made by

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 De Facto IAS
Kerala Judiciary Prelims Solution 2023

regarding holding of trial of child sex abuse

structure.
and rape?
(A) Bachan Singh v. State of Punjab
[(1980) 2 SCC 684] 84. As per Article 234 of the Constitution of
(B) Mohinder Singh v. State of Punjab India, appointments of persons other than
[(2013) 3 SCC 294] district judges to the judicial service of a State
(C) Sakshi v. Union of India [(2004) 5 shall be made in accordance with rules made
SCC 518] by him on that behalf after consultation with
(D) Vishaka v. State of Rajasthan the State Public Service Commission and
[(1997) 6 SCC 241] with the High Court exercising jurisdiction in
relation to such State.
Answer: (C) Sakshi v. Union of India (A) Governor of the
[(2004) 5 SCC 518]
(B) Chief Minister of the State State
Explanation: The Sakshi vs Union of India
case laid down guidelines regarding the (C) Chief Secretary of
trial of child sex abuse and rape to ensure (D) Home Secretary of the State the
the victim's protection. State
Answer: (A) Governor of the State
82. The first Attorney General of India was Explanation: Article 234 of the
(A) C.K. Daphtary Constitution vests the power of
(B) M.C. Setalvad appointment of persons, other than district
judges to the judicial service, in the
(C) Nani A. Palkhiwala
Governor of the state after consultation
(D) Soli Sorabji with the State Public Service Commission
Answer: (B) M.C. Setalvad and the respective High Court.
Explanation: M.C. Setalvad was the first
Attorney General of India. 85. The Supreme Court of India comprises
the Chief Justice and other Judges.
83. In which case, the Supreme Court of (A) 31
India held that the power of the Parliament to (B) 32
amend the Constitution under Article 368 also (C) 33
includes the power to amend Fundamental (D) 34
Rights.
Answer: (D) 34
(A) Kesavananda Bharati v. State of Explanation: Supreme Court of India is
Kerala [(1973) 4 SCC 225] composed of the Chief Justice and 33
(B) Shankari Prasad Singh v. Union of other Judges, making a total of 34 judges.
India [AIR 1951 SC 458] Therefore, the correct answer is (D) 34.
(C) Minerva Mills v. Union of India This structure allows the Supreme Court to
[(1980) 3 SCC 625] handle a wide array of cases, ranging from
appeals to matters of constitutional and
(D) Sajjan Singh v. State of Rajasthan national importance, ensuring that justice is
[AIR 1965 SC 845] served efficiently and effectively across the
Answer: (A) Kesavananda Bharati v. State country.
of Kerala [(1973) 4 SCC 225]
Explanation: The landmark Kesavananda 86. Whose autobiography is 'Roses in
Bharati case established the doctrine of the December'?
Basic Structure, holding that Parliament's
power to amend the Constitution, including (A) LeilaSeth
Fundamental Rights, is subject to its (B) M.C. Chagla
consistency with the Constitution's basic (C) Fall S.Nariman

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 De Facto IAS
Kerala Judiciary Prelims Solution 2023

(D) H.R. Khanna (D) none of the above

Answer: (B) M.C. Chagla Answer: (D) None of the above
Explanation: 'Roses in December' is an Explanation: There is no fixed number of
autobiography of M.C. Chagla, a renowned witnesses required to prove an offence,
Indian jurist. including dacoity. The conviction can be
based on the evidence of a single witness
if the testimony is found to be credible,
87. Which Schedule was added to the reliable, and corroborated by other
Constitution by the Constitution (First evidence. The principle is that the quality of
Amendment) Act, 1951? the evidence is more important than the
(A) 8th Schedule quantity.
(B) 9th Schedule
(C) 12th Schedule 90. What is the period of limitation for taking
(D) 14th Schedule cognizance of an offence punishable with
Answer: (A) 9th Schedule imprisonment for a term of two years and a
Explanation: The 9th Schedule was added fine of Rs. 1,00,000/-?
to the Constitution by the Constitution (First (A) one year
Amendment) Act, 1951. (B) two years
(C) three years
88. Autrefois acquit" is a term embedded In (D) no period of limitation
........ Answer: (C) Three years
(A) Article 20 of the Constitution of Explanation: As per CrPC, the period of
India and Section 300 of the Code of limitation for taking cognizance of an
Criminal Procedure, 1973 offence punishable with imprisonment for a
(B) Article 21 of the Constitution of term of two years is three years.
India and Section 300 of the Code of
Criminal Procedure, 1973 91. Melt: Liquid; Freeze:
(C) Article 21 of the Constitution of (A) Ice
India and Section 301 of the Code of (B) solid
Criminal Procedure, 1973 (C) condense
(D) Article 20 of the Constitution of (D) shrink
India and Section 301 of the Code of
Answer: (B) Solid
Criminal Procedure, 1973 Explanation: Just as melting changes a
Answer: (A) Article 20 of the Constitution substance from solid to liquid, freezing
of India and Section 300 of the Code of changes a substance from liquid to solid.
Criminal Procedure, 1973
Explanation: "Autrefois acquit" refers to 92. A fruit seller had some mangoes. He sells
the principle that no person can be tried
twice for the same offence. This principle is 35% mangoes and still has 455 mangoes.
embedded in Article 20(2) of the Originally, he had:
Constitution of India and Section 300 of the (A) 648 mangoes
CrPC, 1973. (B) 600 mangoes
(C) 672 mangoes
89. Evidence of how many witnesses is (D) 700 mangoes
required to prove an offence of dacoity? Answer: (D) 700 mangoes
(A) 2 Explanation: Let the original number of
(B) 5 mangoes be x. After selling 35% of them,
(C) 7 he is left with 65% of x. Therefore, 0.65x =

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 De Facto IAS
Kerala Judiciary Prelims Solution 2023

455. Solving for x gives x = 700. found to be 3.5 years.

93. Today is Sunday. After 98 days, it will be: 96. A first Information statement recorded
(A) Monday under Section 154 of the Code of Criminal
(B) Wednesday Procedure, 1973 ordinarily is
(C) Saturday (A) Substantive evidence
(D) Tuesday (B) Opinion evidence
(C) Expert evidence
Answer: (A) Monday
Explanation: After every 7 days, the day (D) Corroborative evidence
will be the same. After 98 days, or 14 Answer: (D) Corroborative evidence
weeks (which is a multiple of 7), the day Explanation: A First Information Report
will be Sunday again. So, one day after (FIR) recorded under Section 154 CrPC is
that will be Monday. not substantive evidence. It is used as
corroborative evidence in the context of the
94. A boat can move from point A to point B testimonies of the witnesses during the
trial.
upstream in 40 minutes. The same boat can
travel from point B to point C, which is the
exact middle point between A and B, in 12 97. Look at this series: 2, 5 , 10,17, 26, What
minutes. The speed of the river is 1 Kilometre number should come next?
per hour. What is the speed of the boat in still (A) 37
water? (B) 39
(A) 2 Kilometre per hour (C) 42
(B) 3 Kilometre per hour (D) 49
(C) 4 Kilometre per hour Answer: (B) 39
(D) S Kilometre per hour Explanation: The series increases by
successive additions of 3, 5, 7, 9, etc.
Answer: (B) 3 Kilometre per hour
Hence, the next number will be 26 + 13 =
Explanation: The relative speed upstream
39.
from A to B for 1/2 the distance (from B to
C) is covered in 1/3 of the time, hence the
boat's speed is 3 times the difference in the 98. Which legal maxim means 'an unclear
two relative speeds. Given the river's word or phrase should be determined by the
speed, the boat's speed in still water can
words immediately surrounding it'?
be calculated as 3 km/h.
(A) Ejusdem generis
(B) Jus cogens
95. The rate of simple Interest is 7% per (C) Noscitur a sociis
annum. How much time will it take for an (D) Ne bis in idem
amount of R$.45,000 to yield Rs.11025 as
Interest? Answer: (C) Noscitur a sociis
Explanation: The legal maxim "Noscitur a
(A) 4.5 years
sociis" means that the meaning of unclear
(B) 3.5 years words or phrases can be determined by the
(C) 4 years words immediately surrounding it.
(D) 5 years
Answer: (B) 3.5 years 99. A High Court shall have the power to
Explanation: Simple interest is given by issue writs in the nature of habeas corpus,
SI=P×R×T/100. Given SI = 11025, P = mandamus, prohibition, quo warranto and
45000, and R = 7%, the time T can be
certiorari, for the enforcement of

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 De Facto IAS
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(A) any legal right

(B) any human right
(C) a right conferred by
(D) any right conferred by Part III of
the Constitution of India and any
Statute
Answer: (D) Any right conferred by Part III
of the Constitution of India any Statute of
the Constitution of India

Explanation: This option reflects the High

Courts' jurisdiction to issue writs for the
enforcement of rights guaranteed by Part
III of the Constitution, which encompasses
the Fundamental Rights, as well as rights
established under various statutes. High
Courts in India have wide-ranging powers
under Article 226 of the Constitution to
issue writs not only for the enforcement of
Fundamental Rights but also for any other
purpose, thereby covering a broad
spectrum of legal rights.

100. The Chief Justice of India shall be the of

the National Legal Services Authority
constituted under Section 3 of the Legal
Services Authorities Act, 1987.
(A) Chairperson
(B) Patron-In-Chief
(C) President
(D) Co-chairperson
Answer: (B) Patron-In-Chief
Explanation: The Chief Justice of India
serves as the Patron-in-Chief of the
National Legal Services Authority (NALSA)
as per Section 3 of the Legal Services
Authorities Act, 1987. The function of
NALSA is to provide free legal services to
eligible candidates and to organise Lok
Adalats for amicable settlement of
disputes.

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