1.Suit against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity shall be instituted after the expiry of _______next after the notice in writing has been delivered to the persons mentioned in Section 80 CPC.
a.two months.
b.60 days.
c.three months.
d.90 days.
Ans.a
Sol.
- Generally when a suit is filed there is no need to give notice to the defendant before filing of the suit.
- Under Section 80(1) of CPC, notice is required to be given to Government or the public officer in respect of any act purported to have been done by such public officer in his official capacity at least two months before filing of the suit against them.
- However under S.80 (2) of C.P.C, in urgent cases suit may be filed even without giving notice under section 80, C.P.C. but with the leave of the Court.
2.Trial commences –
a.on the framing of charges.
b.on the filing of a complaint.
c.on the filing of the final report.
d.on examination of witnesses.
Ans.a
Sol.
Framing of charge is the first stage of a trial.
- In “Common Cause”, A Registered Society thr. Its Director v. Union of India & Ors., AIR 1997 SC 1539, the Hon’ble Apex Court while dealing with the issue held:
“(i) In case of trials before Sessions Court the trials shall be treated to have commenced when charges are framed under Section 228 of the Code of Criminal Procedure, 1973 in the concerned cases.
ii) In cases of trials of warrant cases by Magistrates if the cases are instituted upon police reports the trials shall be treated to have commenced when charges are framed under Section 240 of the Code of Criminal Procedure, 1973, while in trials of warrant cases by Magistrates when cases are instituted otherwise than on police report such trials shall be treated to have commenced when charges are framed against the concerned accused under Section 246 of the Code of Criminal Procedure, 1973.
iii) In cases of trials of summons cases by Magistrates the trials would be considered to have commenced when the accused who appear or are brought before the Magistrate are asked under Section 251 whether they plead guilty or have any defence to make.”
3.In order to attract Section 149 IPC, a member of the unlawful assembly has to commit an offence –
a.in furtherance of the common intention of all.
b.in prosecution of the common object of that assembly.
c.in co-operation with others.
d.none of the above.
Ans.b
Sol.
- To hold a member of an unlawful assembly liable under S.149 IPC/S.190 BNS the following two conditions must be fulfilled:-
(i).The offence must have been committed by one or the other member of the assembly in prosecution of the common object of the unlawful assembly; and
(ii) The offence must be such as the members of the unlawful assembly knew it to be likely to be committed in prosecution of the common object.
4.What are private documents?
a.all documents other than public documents.
b.documents prepared by private persons
c.documents prepared by document writers.
d.registered documents
Ans.a
Sol.
- According to Section 75 of the Evidence Act / S.74(2) of BSA “All other documents are Private”.
- It says that all other documents other than those mentioned in Section 74 IEA/ 74(1) BSA are Private documents.
- Thus any document not coming under any of the two clauses of Section 74 IEA is a Private Document.
5.In which case, the Supreme Court held that the basic structure of the Constitution of India cannot be amended by the Parliament?
a.Shankari Prasad v. Union of India.
b.Golak Nath v. State of Punjab.
c.Minerva Mills Ltd. v. Union of India.
d.Kesavananda Bharati v. State of Kerala
Ans.d
Sol.
- The basic structure doctrine with respect to the Constitution of India was propounded first by the Supreme Court in the judgment of Keshavananda Bharati v. State of Kerala.
- It was held that Objectives in the Preamble of the Constitution is its basic structure and it cannot be amended under its Article 368.
