– Compiled by Abul Kalam Azad Sulthan (Spicy Law LLP), Advocate, Madurai Bench of High Court of Judicature at Madras.

76. Statement recorded during investigation U/s. 161 can be used in trial

a) For contradicting the witness

b) For corroborating the witness

c) Incorporating in the Charge Sheet

d) Discharging the accused

Answer: a

Explanation: Section 161 of Criminal Procedure Code reads as follows:

Examination of witnesses by police

  1. Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
  2. Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
  3. The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records.

Section 145 of the Indian Evidence Act reads as follows:

Section 145 in The Indian Evidence Act, 1872
145. Cross-examination as to previous statements in writing.—A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him. Cross-examination as to previous statements in writing.—A witness may be cross-examined as to previous statements made by him in writing or reduced into writing, and relevant to matters in question, without such writing being shown to him, or being proved; but, if it is intended to contradict him by the writing, his attention must, before the writing can be proved, be called to those parts of it which are to be used for the purpose of contradicting him.”

In the process of investigation, under Section 161 of Cr.P.C, any Police officer making an investigation is accredited and empowered to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to records statement of witnesses. These statements are predominantly called as section 161 Cr.P.C statements. This task is to gather evidence against accused. After filing charge sheet, these statements will also be perused by the Court to take cognizance of an offence. Such a statement can only be utilized for contradicting the witness in the manner provided by Section 145 of the Evidence Act.

Hence the correct answer is a. 

 

77. Power of taking cognizance of offence by a Magistrate of First class or second class is provided

a) Under Section 173 of Criminal Procedure Code

b) Under Section 190 of Criminal Procedure Code

c) Under Section 190 of Indian Penal Code

d) None of the above

Answer: b

Explanation: Section 190 in The Code Of Criminal Procedure, 1973 reads as follows:

Cognizance of offences by Magistrates. (1) Subject to the provisions of this Chapter, any Magistrate of the first class, and any Magistrate of the second class specially empowered in this behalf under sub- section (2), may take cognizance of any offence- (a) upon receiving a complaint of facts which constitute such offence; (b) upon a police report of such facts; (c) upon information received from any person other than a police officer, or upon his own knowledge, that such offence has been committed. (2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub- section (1) of such offences as are within his competence to inquire into or try.

Hence the correct answer is b.

 

78. Additions or alteration of charges is provided in Cr.PC

a) U/s. 214

b) U/s. 215

c) U/s. 216

d) U/s. 210

Answer: c

Explanation: Section 216 in The Code Of Criminal Procedure, 1973 reads as follows:

216. Court may alter charge.

(1) Any Court may alter or add to any charge at any time before judgment is pronounced.
(2) Every such alteration or addition shall be read and explained to the accused.
(3) If the alteration or addition to a charge is such that proceeding immediately with the trial is not likely, in the opinion of the Court, to prejudice the accused in his defence or the prosecutor in the conduct of the case, the Court may, in its discretion, after such alteration or addition has been made, proceed with the trial as if the altered or added charge had been the original charge.
(4) If the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.
(5) If the offence stated in the altered or added charge is one for the prosecution of which previous sanction is necessary, the case shall not be proceeded with until such sanction is obtained, unless sanction has been already obtained for a prosecution on the same facts as those on which the altered or added charge is founded.
Hence the correct answer is c.

 

 

79. Under the Hindu Adoptions and Maintenance Act, the person who is taken in adoption

a) Must be a Hindu only

b) A Hindu or Jew

c) May be Hindu or Christian

d) None of the above

Answer: a

Explanation: According to Section 10 of THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956,

10. Persons who may be adopted.—No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely:—

(i) he or she is a Hindu;
(ii) he or she has not already been adopted;
(iii) he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption;
(iv) he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.

 

Moreover in Kumar Sursen v. State of Bihar, AIR 2008 Pat 24 the Apex Court declared as follows: “Under section 6 the law does not recognise an adoption by a Hindu of any person other than a Hindu;”

Hence the correct answer is a.

 

80. Polygamy was permitted for Hindus before the year

a) 1956

b) 1954

c) 1955

d) 1978

Answer: c

Explanation: In 1955, the Hindu Marriage Act was drafted, which prohibited marriage of a Hindu whose spouse was still living. Thus polygamy became illegal in India since then.

Hence the correct answer is c.

 

81. Mohan gets married to his sister’s daughter Kriti

a) The marriage is valid if the custom allows it

b) The marriage is void

c) The marriage is valid only if the Court approves it

d) The marriage is valid only the Panchayat permits

Answer: a

Explanation: According to Section 5 (v) of the Hindu Marriage Act,

(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;
Hence if the custom allows it, the marriage is valid, and the correct answer is a. 

 

 

82. Within the purview of Water Act, the meaning of Stream is defined as

a) Includes a river but not a water course

b) Includes a water course but not a river

c) Includes river and water course, but not subterranean waters

d) Includes a river, a water course and subterranean river

Answer: d

Explanation: Section 2 (j) of The Water (Prevention and Control of Pollution) Act, 1974 reads as follows:

(j) “stream” includes—

(i) river;
(ii) water course (whether flowing or for the time being dry);
(iii) inland water (whether natural or artificial);
(iv) sub-terranean waters;
(v) sea or tidal waters to such extent or, as the case may be, to such point as the State Government may, by notification in the Official Gazette, specify in this behalf;
Hence the correct answer is d.

 

 

83. The word ‘Ombudsman’ is derived from

a) French administration

b) British addministration

c) Swedish administration

d) German administration

Answer: c

Explanation: Ombudsman literally means “a government official (as in Sweden) appointed to receive and investigate complaints made by individuals against abuses or capricious acts of public officials. The word Ombudsman is of Swedish origin and the Ombudsman institution was in fact first established in Sweden in 1809. The term “Ombudsman” is an English translation of the Swedish word umbuds man from the Old Norse umboosmaor, meaning representative.

Hence the correct answer is c.

 

84. Under Section 3 of the Commission of Inquiry Act 1952, an inquiry commission is appointed by

a) Central government or State government

b) Union Public Service Commission

c) State Public Commission

d) Supreme Court of India

Answer: a

Explanation: Section 3 (1) of the Commission of Inquiry Act 1952 reads as follows:

(1) The appropriate Government may, if it is of opinion that it is necessary so to do, and shall, if a resolution in this behalf is passed by [each House of Parliament or, as the case may be, the Legislature of the State], by notification in the Official Gazette, appoint a Commission of Inquiry for the purpose of making an inquiry into any definite matter of public importance and performing such functions and within such time as may be specified in the notification, and the Commssion so appointed shall make the inquiry and perform the functions accordingly: Provided that where any such Commission has been appointed to inquire into any matter—

(a) by the Central Government, no State Government shall, except with the approval of the Central Government, appoint another Commission to inquire into the same matter for so long as the Commission appointed by the Central Government is functioning;
(b) by a State Government, the Central Government shall not appoint another Commission to inquire into the same matter for so long as the Commission appointed by the State Government is functioning, unless the Central Government is of opinion that the scope of the inquiry should be extended to two or more States.

Hence the correct answer is a.

 

85. Information Technology Act was enacted in

a) 1988

b) 1996

c) 2000

d) 2004

Answer: c

Explanation: The Information Technology Act, 2000 (also known as ITA-2000, or the IT Act) is an Act of the Indian Parliament (No 21 of 2000) notified on 17 October 2000. It is the primary law in India dealing with cyber crime and electronic commerce.

Hence the correct answer is c. 

 

86. Government of India passed Information Technology Act in 2000 with objective

a) To provide legal sanction to all transactions for e-commerce

b) To facilitate electronic filing of all documents to the government

c) To amend Indian Penal Code, Indian Evidence Act, to punish the cyber crimes

d) All of the above

Answer: d

Explanation: The Preamble of the Information Technology Act, 2000 reads as follows:

An Act to provide legal recognition for transactions carried out by means of electronic date interchange and other means of electronic communication, commonly referred to as “electronic commerce”, which involve the use of alternative to paper-based methods of communication and storage of information to facilitate electronic filing of documents with the Government agencies and further to amend the Indian Penal Code, the India Evidence Act, 1872, the Banker’s Books Evidence Act, 1891 and the Reserve Bank of India Act, 1934 and for matters connected therewith or incidental thereto;

Hence the correct answer is d. 

 

87. The Minimum number of persons required to incorporate a Public Company

a) 5

b) 10

c) 7

d) 2

Answer: c

Explanation: Chapter II, Section 3 of the Companies Act, 2013 reads as follows:

Formation of company.

  1. A company may be formed for any lawful purpose by—  a. seven or more persons, where the company to be formed is to be a public company; b. two or more persons, where the company to be formed is to be a private company; or c. one person, where the company to be formed is to be One Person Company that is to say, a private company, by subscribing their names or his name to a memorandum and complying with the requirements of this Act in respect of registration:

Hence the correct answer is c.

 

88. A Private Company can commence business as soon as it receives

a) Certificate of Incorporation

b) Letter of intent

c) Occupation Certificate

d) None of the above

Answer: a

Explanation: Under the erstwhile Companies Act, 1956, a private company could start its business immediately upon receiving certificate of incorporation. Private companies were not required to obtain a certificate of commencement of business from concerned Registrar of Companies under section 149 of Companies Act, 1956. 

But under Companies Act, 2013, A Public and Private Limited company having share capital cannot commence business until it has obtained the certificate to commence business (COB) from the concerned Registrar of Companies. Normally a new company will comply with the required formalities and obtain the commencement of business certificate (COB) from the Registrar as soon as possible after formation because it cannot commence any business activities or exercise its borrowing powers without it.

Hence the correct answer is a.

 

89. Which of the following is not an essential of a Contract of Guarantee

a) Concurrence of three parties

b) Surety’s distinct promise to be answerable

c) Liabilities to be legally enforceable

d) Existence of only one contract

Answer: d

Explanation: Sec. 126 of the Indian Contract Act 1872, which deals with the contract of guarantee, has defined it as “A contract to perform the promise, or discharge the liability of a third person in case of his defaults”.

Moreover it is a Tripartite Agreement, that means a contract of guarantee entails three parties, principal creditor, creditor and surety. In a successful contract of guarantee, there must be three separate contracts between the three parties and each and every contract must be consenting.

Hence the correct answer is d.

 

90. The term ‘Agent’ is defined in Indian Contract Act under Section

a) 180 of the act

b) 181 of the act

c) 182 of the act

d) 183 of the act

Answer: c

Explanation: Section 182 of the Indian Contract Act reads as follows:

182. “Agent” and “principal” defined or to represent another

An “agent” is a person employed to do any act for another, who is so in dealings with third persons. The person for whom such act is done, or represented, is called the “principal”.

Hence the correct answer is c. 

 

91. What is the maximum number of partners in Banking business

a) Eight

b) Ten

c) Twelve

d) Sixteen

Answer: b

Explanation: Section 11(1) of the Companies Act, 1956 reads as follows:

11. Prohibition of associations and partnerships exceeding certain number.

(1) No company, association or partnership consisting of more than ten persons shall be formed for the purpose of carrying on the business of banking, unless it is registered as a company under this Act, or is formed in pursuance of some other Indian law.
Hence the correct answer is b. 

 

92. A person who gives the guarantee is called

a) Bailee

b) Creditor

c) Debtor

d) Surety

Answer: d

Explanation: Under Section 126 of the Indian Contract Act, 1872, “the person who gives the guarantee is called the ‘surety’”.

Hence the correct answer is d. 

 

93. Which is not a right of an unpaid seller against the goods

a) Lien

b) Stoppage in transit

c) Right of resale

d) To ascertain price

Answer: d

Explanation: Section 46 of the Sale of Goods Act, 1930 reads as follows:

46. Unpaid seller’s rights.—

(1) Subject to the provisions of this Act and of any law for the time being in force, notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of goods, as such, has by implication of law—

(a) a lien on the goods for the price while he is in possession of them;
(b) in case of the insolvency of the buyer a right of stopping the goods in transit after he has parted with the possession of them;
(c) a right of re-sale as limited by this Act.
(2) Where the property in goods has not passed to the buyer, the unpaid seller has, in addition to his other remedies, a right of withholding delivery similar to and co-extensive with his rights of lien and stoppage in transit where the property has passed to the buyer.
Hence the correct answer is d. 

 

94. Sections 36 to 42 of Specific Relief Act provides

a) Injunctions

b) Court’s discretion on specific performance

c) Cancellation of instruments

d) None of the above

Answer: a

Explanation: Chapters VII and VIII of the Specific Relief Act containing Sections 36 to 42 deals with Injunctions Generally, Temporary Injunctions and Perpetual Injunctions.

Hence the correct answer is a. 

 

95. Section 154 under IT Act is

a) For filing return of income

b) For filing return with late fee

c) Rectification of mistakes

d) Appeal against the order passed by the ITO

Answer: c

Explanation: Section 154 of Income Tax Act reads as follows:

154. Rectification of mistake.- (1) With a view to rectifying any mistake apparent from the record an income-tax authority referred to in section 116 may,—

(a) amend any order passed by it under the provisions of this Act ;

(b) amend any intimation or deemed intimation under sub-section (1) of section 143.

(1A) Where any matter has been considered and decided in any proceeding by way of appeal or revision relating to an order referred to in sub-section (1), the authority passing such order may, notwithstanding anything contained in any law for the time being in force, amend the order under that sub-section in relation to any matter other than the matter which has been so considered and decided.

(2) Subject to the other provisions of this section, the authority concerned—

(a) may make an amendment under sub-section (1) of its own motion, and

(b) shall make such amendment for rectifying any such mistake which has been brought to its notice by the assessee, and where the authority concerned is the Commissioner (Appeals), by the Assessing Officer also.

(3) An amendment, which has the effect of enhancing an assessment or reducing a refund or otherwise increasing the liability of the assessee, shall not be made under this section unless the authority concerned has given notice to the assessee of its intention so to do and has allowed the assessee a reasonable opportunity of being heard.

(4) Where an amendment is made under this section, an order shall be passed in writing by the income-tax authority concerned.

(5) Subject to the provisions of section 241, where any such amendment has the effect of reducing the assessment, the Assessing Officer shall make any refund which may be due to such assessee.

(6) Where any such amendment has the effect of enhancing the assessment or reducing a refund already made, the Assessing Officer shall serve on the assessee a notice of demand in the prescribed form specifying the sum payable, and such notice of demand shall be deemed to be issued under section 156 and the provisions of this Act shall apply accordingly.

(7) Save as otherwise provided in section 155 or sub-section (4) of section 186 no amendment under this section shall be made after the expiry of four years [from the end of the financial year in which the order sought to be amended was passed.

(8) Without prejudice to the provisions of sub-section (7), where an application for amendment under this section is made by the assessee on or after the 1st day of June, 2001 to an income-tax authority referred to in sub-section (1), the authority shall pass an order, within a period of six months from the end of the month in which the application is received by it,—

(a) making the amendment; or

(b) refusing to allow the claim.

Hence the correct answer is c.

 

96. Which of the following is not included in the Capital Asset under Section 2(14) of Income Tax Act,

a) Any Stock in Trade

b) Special Bearer Bonds 1991 issued by Central Government

c) (a) and (b)

d) None of the above

Answer: c

Explanation: Section 2(14) of the Income Tax Act reads as follows:

(14)  “capital asset” means—

(a)  property of any kind held by an assessee, whether or not connected with his business or profession;

(b)  any securities held by a Foreign Institutional Investor which has invested in such securities in accordance with the regulations made under the Securities and Exchange Board of India Act, 1992 (15 of 1992),

but does not include—

 (i)  any stock-in-trade other than the securities referred to in sub-clause (b), consumable stores or raw materials held for the purposes of his business or profession ;

(ii)  personal effects, that is to say, movable property (including wearing apparel and furniture) held for personal use by the assessee or any member of his family dependent on him, but excludes—

(a)  jewellery;

(b)  archaeological collections;

(c)  drawings;

(d)  paintings;

(e)  sculptures; or

(f)  any work of art.

Explanation 1.—For the purposes of this sub-clause, “jewellery” includes—

(a)  ornaments made of gold, silver, platinum or any other precious metal or any alloy containing one or more of such precious metals, whether or not containing any precious or semi-precious stone, and whether or not worked or sewn into any wearing apparel;

(b)  precious or semi-precious stones, whether or not set in any furniture, utensil or other article or worked or sewn into any wearing apparel.

Explanation 2.—For the purposes of this clause—

(a)  the expression “Foreign Institutional Investor” shall have the meaning assigned to it in clause (a) of the Explanation to Section 115AD;

(b)  the expression “securities” shall have the meaning assigned to it in clause (h) of section 2 of the Securities Contracts (Regulation) Act, 1956 (42 of 1956);

(iii)  agricultural land in India, not being land situate—

(a)  in any area which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation, notified area committee, town area committee, town committee, or by any other name) or a cantonment board and which has a population of not less than ten thousand; or

(b)  in any area within the distance, measured aerially,—

 (I)  not being more than two kilometres, from the local limits of any municipality or cantonment board referred to in item (a) and which has a population of more than ten thousand but not exceeding one lakh; or

(II)  not being more than six kilometres, from the local limits of any municipality or cantonment board referred to in item (a) and which has a population of more than one lakh but not exceeding ten lakh; or

(III)  not being more than eight kilometres, from the local limits of any municipality or cantonment board referred to in item (a) and which has a population of more than ten lakh.

Explanation.—For the purposes of this sub-clause, “population” means the population according to the last preceding census of which the relevant figures have been published before the first day of the previous year;

(iv)  6 per cent Gold Bonds, 1977, or 7 per cent Gold Bonds, 1980, or National Defence Gold Bonds, 1980, issued by the Central Government;

(v)  Special Bearer Bonds, 1991, issued by the Central Government ;

(vi) Gold Deposit Bonds issued under the Gold Deposit Scheme, 1999 3[or deposit certificates issued under the Gold Monetisation Scheme, 2015] notified by the Central Government.

Explanation.—For the removal of doubts, it is hereby clarified that “property” includes and shall be deemed to have always included any rights in or in relation to an Indian company, including rights of management or control or any other rights whatsoever;

Hence the correct answer is c.

 

97. The language which is to be used in the arbitral proceedings is decided by

a) The Tribunal

b) Parties to decide by mutual understanding

c) The petitioner

d) The defendant

Answer: b

Explanation: Section 22(1) of the Arbitration and Conciliation Act, 1996 reads as follows:

  1. Language1. The parties are free to agree upon the language or languages to be used in the arbitral proceedings.

Hence the correct answer is b.

 

98. The Arbitral proceedings shall stand terminated

a) On making of the final award

b) By an order of the arbitral tribunal

c) When the parties to the dispute agrees to terminate proceedings

d) All of the above

Answer: d

Explanation: Section 32 of the Arbitration and Conciliation Act, 1996 reads as follows:

32. Termination of proceedings. 1. The arbitral proceedings shall be terminated by the final arbitral award or by an order of the arbitral tribunal under sub-section (2). 2. The arbitral tribunal shall issue an order for the termination of the arbitral proceedings where- a. the claimant withdraws his claim, unless the respondent objects to the order and the arbitral tribunal recognises a legitimate interest on his part in, obtaining a final settlement of the dispute, b. the parties agree on the termination of the proceedings, or c. the arbitral tribunal finds that the continuation of the proceedings has for any other mason become unnecessary or impossible. 3. Subject to section 33 and sub-section (4) of section 34, the mandate of the arbitral tribunal shall terminate with the termination of the arbitral proceedings.

Hence the correct answer is d.

 

99. Every award of a Lok Adalat is deemed to be a

a) Order of district collector

b) Order of Income Tax Commissioner

c) Decree of a Civil Court

d) (a) and (b)

Answer: c

Explanation: Section 36 of the Arbitration and Conciliation Act, 1996, reads as follows:

Enforcement

Where the tune for making an application to set aside the, arbitral award under award shall be endorsed under the Code of Civil Procedure, 1908 (5 of 1908). in the same manner as if it were a decree of the Court.

Hence the Correct Answer is c. 

 

100. The Arbitration and Conciliation Act 1996, Section 18-27 states

a) The Conducting of Arbitral Proceedings

b) Receipt and Written Communications

c) Extent of judicial intervention

d) Awarding final decision

Answer: a

Explanation: The Chapter V with the heading “Conduct of arbitral proceedings” of the Arbitration and Conciliation Act, 1996, consisting of Sections 18 to 27 deals with the procedures for conducting of the arbitral proceedings.

Hence the correct answer is a. 

 

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