Revised Key For Certain question in Mock Tests
Students raised doubts and pointed out mistakes in key w.r.t certain questions and they are hereby clarified. They are hereunder:
Mock Test-I
Q.36.What is not true?
(a) Witness may be cross-examined as to previous statement in writing
(b) Leading question may be asked in cross-examination
(c) Person called to produce document can be cross-examined
(d) Party calling the witness may cross-examine him with the permission of Court
Comment : The Correct answer is Option “C”. S.139 Evidence Act. It says Person called to produce document doesn’t become a witness. Hence, he can’t be be cross-examined and as such the statement mentioned in option c of Q.36 of Mock test-I wrong. Hence, the answer given by us as option B is wrong. we hereby correcting it. We regret. Thank you.
- A lease of immoveable property does not determine:-
(a) By efflux of the time limited thereby (b) on death of the lessor (c) By surrender
(d) Where such time is limited conditionally on the happening of some event by the happening of such time.
Comment: The appropriate option is b only but not a. It is evident from S.111 of Transfer of Property Act. We regret. 73.A, a tradesman leaves his goods at B’s house by mistake B uses the goods as his own. Then :-
(a) B need not pay to A, provided it is gratuitous act
(b) B is bound to pay A, provided it is non-gratuitous act
(c) A & B are right (d) None of the above
Comment: Let us read S.70 of Contract Act. It speaks as follows:
“Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such another person enjoys the benefit thereof, the letter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered”.
Thus central point to be determined to seek compensation is whether act is done gratuitously or not. If it is, he can seek compensation, otherwise not. In our question option (a) says B need not pay if it gratuitous and if it is not gratuitous B has to pay. This is option (b). Hence, both are right answers. The intention of A in preserving the goods is the central criteria. Intention is gathered from facts and circumstances and relationship of the parties.
93.Question which shall be determined by the court executing decree :-
(a) Decree obtained by fraud
(b) Whether any person is or is not the representative of a party
(c) Decree obtained by Collusion (d) None of these
Comment: The appropriate option is b only but not a. We regret.
Mock Test-II
Q.47. Leading question:-
(a) May be asked in examination in chief (b) May be asked in cross examination
(c) May be asked in re-examination (d) Cannot be asked in any circumstances
Comment: It’s a tricky question. The answer can be option’s A, B and C also. However, it must be noted that usually leading questions can be asked only in Cross examination. In Examination-in-chief or re-examination, they can be asked only under specified circumstances like: Duly proved facts, admitted facts, introductory facts. If in examination, this kind of question is asked mark that it is in cross-examination.
82.In case of a gift if the donee must accept the gift: –
(a) During the life time of the donor (b) He is competent to contract
(c) He must be have transferrable right over the property (d) All the above
Comment: The right answer is option (d) All must be fulfilled .. it is not Mere competence . Read S.122 provio of T.P.Act in conjunction with S.7 of the T.P.Act. The answer is not b, it is option d.
- 98.A gives a lakh of rupees to B, reserving to himself, with B’s assent the right to take back Rs. 10,000 at pleasure out of that amount This gift is :-
(a) Absolutely Valid (b) Absolutely Invalid (c) This cannot be said to a gift (d) Holds good as to Rs. 90,000 but it is void as to Rs. 10,000.
Comment: The right answer is Option (d) But not (c). Because, to the extent of Rs.10,000 only, it depends upon the will of the donor and as such to that extent only it becomes void. In this connection it must be informed that to the extent up to which it becomes depend upon the will of the donor only, gift becomes void but not entirely. Hence, gift to the extent of Rs.10000/- only void. The reaming portion is valid.
Section.126: The donor and donee may agree that on the happening of any specified event which does not depend on the will of the donor a gift shall be suspended or revoked; but a gift which the parties agree shall be revocable wholly or in part, at the mere will of the donor, is void wholly or in part, as the case may be.
Mock Test-III
- Under section 34, a declaration can be sought by a) a stranger who has no interest b) a person having a legal character or a right as to property which is denied c) a person whose legal character or right to property not denied (d) all the above. Comment: The appropriate option is b only but not a. We regret.
- Propositions are : I.A void marriage remains valid until a decree annulling it has been passed by a competent court. II. A void marriage is never a valid marriage and there is no necessity of any decree annulling it. III. A voidable marriage is regarded as a valid subsisting marriage until a decree annulling it has been passed by a competent court. In respect of the aforesaid proposition which is correct
(a) I and III are correct and II is incorrect (b) II & III are correct and I is incorrect, (c) I, II & III all are correct (d) I & III are incorrect but II is correct.
Comment: B is right answer. We verified.
- Husband convicted for offence S.……… IPC, entitled wife for divorce? a)S.302 b) 304 A c) 377 d) Any one of them Comment: It is not only S.376 IPC but also S.377IPC
- Amongst the one is eligible for succession? A) Murder b) Converter to another religion c) HIV Patient d) All Comment: This is the right answer.
- Among the following one is wrong? a) Agnates are person related through males b) Daughter is barred from claiming partition with brothers in respect of dwelling house c) Daughter is a coparcener d) None Comment: As per latest law even daughter can claim partition with brothers in respect of dwelling house. Refer S. 23 of HMA.
- Amongst the following one is right? a) Plea of limitation shall be specifically raised by the defendant b) Defendant can excuse the Plaintiff to continue the suit after limitation c) Court has to consider the plea limitation though it is not raised by defendant d) None Comment: The appropriate option is C only but not a. We regret.
- Amongst the following one is right? a) Upon expiry of time limitation, right extinguishes b) Upon expiry of limitation, claim bars c) There is no time limitation for execution of mandatory injunction d) None Comment: In fact, option B alone is right and the other two are wrong legal propositions.
- Amongst the following one is Wrong? a) If the last day happens to be a holiday suit can be filed on the next working day b) If the advocates abstain from attending work, suit can filed on next working day c) Disability doesn’t come in way once time limitation starts. d) None
- The following time period shall be excluded from counting a) Time taken for obtaining certified copies of award, Judgment, Decree b) Day of Judgment shall be excluded. c) Time taken for obtaining leave to sue as an indigent person d) All the above Comment: It is true not must be there before ‘Shall’ in the question
- Amongst the following one is wrong? a) Time taken for obtaining sanction from Government shall be excluded b) If a party is impleaded during the progress of suit limitation has to be reckoned from date on which he is impleaded or from any other date as the court orders. c) Suit for recovery of possession of immovable property is dealt under Art. 64& 65 d) None Comment: All are correct legal propositions. Thus, nothing is wrong and as such answer is d option.
98.Among the following one is wrong? a) If the special act provides time limitation, it prevails over Limitation Act. b) The time period in case of Suit for cancellation of document is counted from the date of knowledge c) Suit for setting aside sale of joint family property is Twelve Years. d) None Comment: All are correct legal propositions. Hence, option is d right.
PALSAR is very thankful to Mr. SHRAVAN KUMAR and Ma’m Jyothi for their pointed remarks so as to come up with right answers. Thank you so much.