1.“Decree” means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit. Which of the following statements is untrue?
a. It may be either preliminary or final.
b. It includes the rejection of a plaint.
c.It includes the determination of any question within Section 144 CPC
d.It includes an order of dismissal of a suit for default
Ans. d
Sol.
- As per S.2(2) of CPC, for a decision of a court to be a decree, there must be an adjudication, i.e a judicial determination of the matter in dispute.
- If there is no judicial determination of any matter in dispute, it is not a decree.
- Thus, an order of dismissal of a suit for default cannot be termed as a decree as it does not judicially deal with the matter in dispute.
2.A report of a Police Officer after investigation shall be deemed to be a complaint,
a. if it discloses a cognizable offence
b.if it discloses a cognizable case
c.if it discloses a non-cognizable offence
d.none of the above.
Ans.c
Sol.
- As per Explanation of S.2(d) of CrPC/ S.2(1)(h) BNSS, though a police report does not constitute a complaint but a report by a Police Officer in a case which after investigation, discloses the commission of a non-cognizable offence, shall be deemed to be a complaint.
3.When a person who is legally entitled to a property is gaining it by unlawful means-
a.it is a wrongful gain
b.it is not a wrongful gain
c.it is a mischief
d.it is a theft
Ans.b
Sol.
- As per Section S.23 of IPC/ S.2(36) of Bharatiya Nyaya Sanhita, 2023, “”Wrongful gain” is gain by unlawful means of property to which the person gaining is not legally entitled.
- Therefore when a person legally entitled to a property is gaining it by unlawful means, it does not constitute a wrongful gain.
4.In the case of the birth of a person during the continuance of a valid marriage between his mother and any man
a.the court may presume its legitimacy
b.the court shall presume its legitimacy
c.shall be conclusive proof of its legitimacy
d.any one of the above
Ans.c
Sol.
- As per S.112 of Indian Evidence Act /S.116 of Bharatiya Sakshya Adhiniyam 2023, the fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.
5.In which case, the Supreme Court declared that the Preamble is a part of the constitution?
a.Golak Nath case
b.Berubarı case
c.Kesavananda Bharati case
d.all the above cases
Ans.c
Sol.
- In Keshavananda Bharati case , the Supreme Court held that Preamble is an integral and operative part of the constitution.
- In Berubare case, the Supreme Court held that Preamble is not a part of the Constitution.
- In Golak nath case, the Supreme Court ruled that Parliament could not curtail any of the Fundamental Rights in the Constitution.
