1.A plaint was rejected under Order 7 Rule 11 CPC finding that it did not disclose a cause of action. What is the remedy available to the aggrieved plaintiff?
a.File a revision
b.File an appeal
c.File a restoration petition
d.Anyone of the above
Ans.b
Sol.
- Under Order 7 Rule 11(a), if the plaint presented by the plaintiff does not disclose cause of action, the plaint has to be rejected by the court.
- Order 7, Rule 11 has to be read with Section 2(2). Whereas Section 2(2) defines “decree” as inclusive of an order rejecting a plaint, Rule 11 of Order 7 contemplates circumstances under which a plaint can be rejected by the court.
- Thus, rejection of plaint under Order 7, Rule 11 amounts to a decree and is appealable. A second appeal also lies.
2.When one among the accused in a case, who is not represented by a pleader, persistently disturbs the proceedings in court, the Magistrate can –
a.dispense with his attendance and proceed with the trial in his absence.
b.order that the case of that accused be tried separately.
c.pronounce judgment based on the available evidence.
d.cancel his bail and remand him to custody.
Ans.b
Sol.
- S.317(2) of CrPC/ S.355(2) BNSS provides for the case of an accused who is not represented by a pleader (advocate) but whose continued personal presence or attendance may be necessary.
- In such a case the Court may either adjourn the trial of all the accused or order the particular absenting accused to be tried separately.
3.Which of the following amendments was the most comprehensive amendment of the Constitution?
a.52nd amendment.
b.44th amendment.
c.68th amendment.
d.42nd amendment.
Ans.d
Sol.
- The 42nd Amendment Act (1976) is known as ‘Mini-Constitution’ due to the important and large number of changes made by it in various parts of the Constitution. Some of it are:
- Amendment in Preamble by addition of three words- ”Socialist”, ”Secular” and ”Integrity”.
- Addition of new Part IVA (Article 51 A) for fundamental duties. Insertion of new Article 31 D for saving laws in respect of anti-national activities, taking precedence over fundamental rights.
- Insertion of new Article 32 A for Constitutional Validity of State laws not to be considered in proceedings under Article 32. Also added Article 226 A for Constitutional Validity of Central laws not to be considered in proceedings under Article 226.
- Insertion of three new Articles regarding DPSP.
(i) Article 39 A: Free legal aid and Equal justice
(ii) Article 43 A: Participation of workers in the management of industries and
(iii) Article 48 A: Protection and improvement of environment and safeguarding of forests and wildlife. and many more.
4.In a dispute between A and B regarding the validity of a deed, A asserts that it is genuine. B asserts that it is forged. Is evidence regarding a previous statement of B that the document is genuine relevant?
a.No, under section 23 of the Evidence Act.
b.Yes, under section 21 of Evidence Act.
c.No, under section 24 of the Evidence Act.
d.Yes, under section 18 of the Evidence Act
Ans.b
Sol.
- Section 21 of IEA/19 of BSA lays down the general rule that an admission may be used against a person who makes them or his representatives in interest, but, admissions cannot be proved by or on behalf of the person making it. Further Section 21 gives three exceptions to the general rule that admission cannot be proved by a person who makes it. Besides the three cases mentioned in the section an admission cannot be used by a person who makes them.
- The meaning of Section 21 is very plainly illustrated by the illustration (a) of the Section 21. Under the illustration (a) the question between ”A” and ”B” is, whether a certain deed is or is not forged. ”A” affirms that it is genuine, ”B” that it is forged. ”A” may prove a statement by “B’ that the deed is genuine, and ”B” may prove a statement by ”A” that the deed is forged; but ”A” cannot prove a statement by himself that the deed is genuine, nor can ”B” prove a statement by himself that the deed is forged.
5.A person, who induces by deceitful means, a woman of twenty years to go from her place to another place, commits –
a.abduction.
b.kidnapping.
c.enticing.
d.procuration.
Ans.a
Sol.
As per S.362 IPC/ S.138 BNS, whoever by force compels, or by deceitful means induces, any person to go from any place, is said to abduct that person.
