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January 2025 Legal Quiz Insights

The document is a quiz from January 2025 that covers various legal cases and constitutional provisions in India. It includes questions regarding significant court rulings on topics such as digital privacy, religious freedom, mental cruelty, and the right to be forgotten. Each question is followed by an explanation of the correct answer, highlighting the relevant legal principles and articles of the Constitution.
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0% found this document useful (0 votes)
16 views24 pages

January 2025 Legal Quiz Insights

The document is a quiz from January 2025 that covers various legal cases and constitutional provisions in India. It includes questions regarding significant court rulings on topics such as digital privacy, religious freedom, mental cruelty, and the right to be forgotten. Each question is followed by an explanation of the correct answer, highlighting the relevant legal principles and articles of the Constitution.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

January 2025

CA Quiz (JANUARY 2025) CONSOLIDATION drishtijudic ia ry. c om

1. In Sanket Bhadresh Modi v. Central Bureau of Ans. (d)


Investigation & Anr. (Delhi High Court), what Explanation:
constitutional protection was upheld regarding digital
devices? The Delhi High Court held that a father questioning
the paternity of children and making unsubstantiated
(a) Right to privacy under Article 21
allegations of extra-marital affairs against the wife
(b) Protection against self-incrimination under Article
constitutes mental cruelty. The court noted that such
20(3)
scandalous, unsubstantiated aspersions of
(c) Right to legal representation under Article 22
perfidiousness attributed to the spouse and children
(d) Freedom of expression under Article 19(1) amount to the worst form of insult and cruelty,
Ans. (b) sufficient to disentitle the person from seeking
Explanation: divorce.
The Delhi High Court held that under Article 20(3) of Hence, option (d) is the correct answer.
the Constitution, an accused cannot be coerced to 4. According to the Allahabad High Court's ruling in
reveal passwords or other details of digital devices Naziya Ansari & Anr. v. State of UP & Ors, which
during investigation, as it would violate the protection
fundamental right provides that no one can impose
against self-incrimination. The court emphasized that
restrictions on an adult's choice of marriage and
investigating agencies cannot expect an accused to
provide information that would be self-incriminatory. residence?
Hence, option (b) is the correct answer. (a) Article 19 of the Constitution of India
2. In Shriniwas Rav Nayak v. State of U.P. (Allahabad High (b) Article 21 of the Constitution of India
Court), what distinction did the court make regarding (c) Article 14 of the Constitution of India
religious freedom? (d) Article 25 of the Constitution of India
(a) Between private and public worship
Ans. (b)
(b) Between individual religious expression and
Explanation:
proselytization
(c) Between majority and minority religions In this case, the Allahabad High Court held that the
right of an adult to choose their marriage partner,
(d) Between traditional and modern religious
place of residence, and freedom of movement flows
practices
from Article 21 of the Constitution of India, 1950. The
Ans. (b) court emphasized that no one can impose restrictions
Explanation: on an adult from going anywhere, staying with a
The Allahabad High Court made a crucial distinction person of their choice, or solemnizing marriage
between individual freedom of religious expression according to their will, as these are fundamental
and the collective act of proselytization. While rights protected under Article 21 which guarantees
individuals have the right to freely choose and practice the right to life and personal liberty.
their religion under the Constitution, the court held
Hence. Option (b) is the correct answer.
that they cannot convert others to their faith.
Hence, option (b) is the correct answer. 5. In ABC v. State & Anr, the Delhi High Court held that
the 'right to be forgotten' is part of which fundamental
3. In SS v. SR Case (Delhi High Court), what was held to
constitute mental cruelty? right under the Constitution of India?
(a) Filing for divorce (a) Article 19 - Right to Freedom of Speech and
(b) Requesting financial support Expression
(c) Living separately (b) Article 20 - Protection against Double Jeopardy
(d) Questioning children's paternity and making (c) Article 21 - Right to Life and Personal Dignity
unsubstantiated allegations of extra-marital affairs (d) Article 14 - Right to Equality

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dri shti j ud i c i ar y.c o m CA Quiz (JANUARY 2025) CONSOLIDATION

Ans. (c) 8. Who among the following Supreme Court judges


Explanation: served as the First Chief Standing Counsel of
Uttarakhand?
According to the judgment by Justice Amit Mahajan
(a) Justice CT Ravikumar
of the Delhi High Court, the "right to be forgotten" is
recognized as a part of the right to live with dignity, (b) Justice Hrishikesh Roy
which is guaranteed under Article 21 of the (c) Justice Sudhanshu Dhulia
Constitution of India, 1950. This indicates that the (d) Justice BR Gavai
right to have personal information removed from Ans. (c)
public domains is considered an integral part of an Explanation:
individual's right to life and personal dignity.
Justice Sudhanshu Dhulia served as the First Chief
Hence, option (c) is the correct option. Standing Counsel of the newly created state of
6. In Mahendra Prasad v. Smt. Bindu Devi (2024), what Uttarakhand. This was a notable position in his career
was NOT considered as mental cruelty by the before he became a judge of the Uttarakhand High
Allahabad High Court? Court in 2008.
(a) Long-term separation of 23 years Hence, option (c) is the correct answer.
(b) Being "free-willed" and not observing 'Parda' 9. Which Supreme Court judge has made history as the
(c) Wife's sustained refusal to cohabit first from the Scheduled Caste community since
Justice K.G. Balakrishnan?
(d) Wife's admission of inability to live together while
(a) Justice Sanjiv Khanna
refusing divorce
(b) Justice BR Gavai
Ans. (b)
(c) Justice Bela Trivedi
Explanation:
(d) Justice Abhay Sreeniwas Oka
The Allahabad High Court specifically rejected the
Ans. (b)
claim that being "free-willed" and not observing
'Parda' constituted cruelty, noting that both parties Explanation:
were well-educated. The court observed that Justice BR Gavai is notably the first judge from the
differences in perception and behavior cannot Scheduled Caste community to be appointed to the
automatically be labeled as cruelty. Supreme Court since Justice K.G. Balakrishnan. He is
set to become the 52nd Chief Justice of India.
Hence, option (b) is the correct answer.
Hence, option (b) is the correct answer.
7. Under which section did the appellant file the appeal
10. Which of the following landmark judgments was
against the Trial Court's order in the Mahendra Prasad
delivered by Justice Sanjiv Khanna in 2024?
case?
(a) Ruling on unstamped arbitration agreements
(a) Section 13 of Hindu Marriage Act, 1955
(b) Striking down electoral bonds scheme
(b) Section 498A of Indian Penal Code, 1860
(c) Establishing "irretrievable breakdown" as ground
(c) Section 19 of Family Courts Act, 1984 for divorce
(d) Section 10 of Hindu Marriage Act, 1955 (d) Ruling on RTI application to CJI office
Ans. (c) Ans. (b)
Explanation: Explanation:
The appellant filed the First Appeal under Section 19 Justice Sanjiv Khanna was part of the landmark
of the Family Courts Act against the dismissal of his 5-judge bench judgment in 2024 that unanimously
divorce petition by the First Additional District Judge, struck down the anonymous electoral bonds scheme
Ghazipur. as violating Article 19(1)((a) of the Constitution.
Hence, option (c) is the correct answer. Hence, option (b) is the correct answer.

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CA Quiz (JANUARY 2025) CONSOLIDATION drishtijudic ia ry. c om

11. Under Section 63 of the Electricity Act, 2003, the Ans. (b)
Appropriate Commission shall adopt tariff if Explanation:
determined through:
z Section 86(1) of the Electricity Act, 2003 lists
(a) Any bidding process functions of State Commission
(b) Competitive process ‹ It can issue licenses for intra-state operations
(c) Transparent process as per Central Government only
guidelines ‹ Interstate matters fall under Central
(d) State Government guidelines Commission's jurisdiction
Ans. (c) ‹ Other options are explicitly mentioned in

Explanation: Section 86(1)


z Section 63 of the Electricity Act, 2003 explicitly Hence, option (b) is the correct answer.
states that tariff must be determined through 14. Under Which Section of BNSS states the provisions
"transparent process of bidding" for Prosecution for contempt of lawful authority of
z The bidding must be "in accordance with public servants, for offences against public justice
guidelines issued by Central Government" and for offences relating to documents given in
z The provision uses the word "shall" making it evidence?
mandatory (a) Section 215
z The section overrides Section 62 through the (b) Section 480
"notwithstanding" clause (c) Section 473
Hence, option (c) is the correct answer. (d) None of the above
12. What is the time limit for filing an appeal to the
Supreme Court against APTEL's order under Section Ans. (a)
125? Explanation:
(a) 30 days with 30 days extension Section 215 of BNSS states the provisions for
(b) 60 days with 30 days extension Prosecution for contempt of lawful authority of public
servants, for offences against public justice and for
(c) 90 days with no extension
offences relating to documents given in evidence.
(d) 60 days with 60 days extension
Hence, option (a) is the correct answer.
Ans. (d)
15. As per Section 215 of Bharatiya Nagarik Suraksha
Explanation: Sanhita, 2023 Who all can take the cognizance?
z Section 125 of the Electricity Act, 2003 provides (a) Concerned public servant
initial period of 60 days from communication of
(b) Administratively subordinate public servant
APTEL's order
(c) Public servant authorized by the concerned public
z Supreme Court can grant additional period "not
servant
exceeding 60 days"
z Extension requires "sufficient cause" for delay
(d) All of the above
z Total maximum period possible is 120 days Ans. (d)
(60+60) Explanation:
Hence, option (d) is the correct answer. As per Section 215 of BNSS following persons can take
13. Under Section 86, which of the following is NOT a the cognizance
function of State Commission? z Concerned public servant.
(a) Determining tariffs within state z Administratively subordinate public servant.
(b) Issuing interstate transmission licenses z Public servant authorized by the concerned public
(c) Promoting renewable energy servant.
(d) Fixing trading margin for intra-state trade Hence, option (d) is the correct answer.

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dri shti j ud i c i ar y.c o m CA Quiz (JANUARY 2025) CONSOLIDATION

16. When did the Insolvency and Bankruptcy Code, 2016 (c) Recognition of existing inherent powers of High
receive presidential assent? Courts
(a) 11th May 2016 (d) Transfer of powers from lower courts to High
(b) 28th May 2016 Courts
(c) 28th April 2016 Ans. (c)
(d) None of the above Explanation:
Ans. (b) Section 528 of BNSS specifically recognizes and
Explanation: preserves the inherent powers that High Courts
already possess. It does not create or confer new
The Insolvency and Bankruptcy Code, 2016, received
powers, but rather acknowledges the existing inherent
the Presidential assent on 28th May 2016.
powers of High Courts to make necessary orders for
Hence, option (b) is the correct answer. justice. The section explicitly states that nothing in
17. Which Section of Hindu Adoption & Maintenance Act, the Code shall limit or affect these inherent powers.
1956 denies the theory of relation back which was Hence, option (c) is the correct answer.
applied and used in the case of vesting and divesting
20. Which of the following is NOT one of the three
of property?
enumerated purposes for exercising inherent powers
(a) Section 4
under Section 528 of BNSS?
(b) Section 12
(a) To make orders necessary to give effect to any
(c) Section 13 order under the Code
(d) None of the above (b) To prevent abuse of the process of any court
Ans. (b) (c) To expedite pending cases in lower courts
Explanation: (d) To secure the ends of justice
Section 12 of the Hindu Adoption & Maintenance Act, Ans. (c)
1956 denies the theory of relation back which was
Explanation:
applied and used in the case of vesting and divesting
of property. Section 528 of BNSS specifically lists three purposes
for which inherent powers may be exercised: (1)
Hence, option (b) is the correct answer.
making orders necessary to give effect to any order
18. Which school of the Hindu law allows that the under the Code, (2) preventing abuse of the process
ancestral property can also be passed to female of any court, and (3) securing the ends of justice.
members of the family Expediting pending cases in lower courts is not
(a) Dayabhaga School mentioned as one of these three enumerated
(b) Mitakshara School purposes.
(c) Both (a) and (b) Hence, option (c) is the correct answer.
(d) None of the above 21. Which Section of Indian Succession Act states the
Ans. (a) provisions for Execution of Underprivileged Wills?
Explanation: (a) Section 4
Dayabhaga school of Law recognizes that the (b) Section 63
ancestral property can also be passed to female (c) Section 13
members of the family (d) None of the above
Hence, option (a) is the correct answer. Ans. (b)
19. Section 528 of BNSS primarily deals with which of the Explanation: Section 63 of the Indian Succession Act
following aspects? states the provisions for Execution of Underprivileged
(a) Creation of new inherent powers for High Courts Wills.
(b) Limiting the revision powers of High Courts Hence, option (b) is the correct answer.

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CA Quiz (JANUARY 2025) CONSOLIDATION drishtijudic ia ry. c om

22. Part IV of the Indian Succession Act, 1925 states the z Credit cards with limit above ₹5 lakh have
provisions based on: maximum liability of ₹25,000 Since the question
(a) Will mentions a credit card with ₹6 lakh limit (above
₹5 lakh) and reporting within 4-7 working days,
(b) Testamentary Succession
the maximum liability would be ₹25,000.
(c) Special Rules for Parsi Intestates Hence, option (c) is the correct answer.
(d) None of the above 25. Which provision of the Constitution of India provides
Ans. (b) for appointment of judges of High Court?
Explanation: Part IV of the Indian Succession Act, (a) Article 124
1925 states the provisions based on Testamentary (b) Article 217
Succession. (c) Article 219
Hence, option (b) is the correct answer. (d) None of the above
23. As per RBI recent notification in which scenarios Ans. (b)
would a customer NOT be entitled to zero liability? Explanation:
(a) Bank's negligence led to unauthorized transaction Article 217 of the COI provides for the appointment
(b) Third party breach reported within 3 working days and conditions of the office of the High Court.
(c) System deficiency reported after 5 working days Hence, option (b) is the correct answer.
(d) Contributory fraud by the bank 26. Which provision of the Central Civil Services (Pension)
Rules, 2021 provide for family pension?
Ans. (c)
(a) Rule 34
Explanation:
(b) Rule 50
As per RBI recent notification zero liability is granted
(c) Rule 45
only in two scenarios:
(d) None of the above
z When there is contributory fraud/negligence by
the bank Ans. (b)
z When there's a third party breach reported within Explanation:
3 working days Reporting a system deficiency Rule 50 of the Central Civil Services (Pension) Rules,
after 5 working days falls under limited liability. 2021 provide for what would constitute family
pension
Hence, option (c) is the correct answer.
Hence, option (b) is the correct answer.
24. What is the maximum liability limit for unauthorized
27. Which of the following provisions is related to
transactions in a credit card account with ₹6 lakh limit
Place of Suing as per the Code of Civil Procedure,
when reported within 4-7 working days?
1908?
(a) ₹5,000
(a) Section 21
(b) ₹10,000
(b) Section 31
(c) ₹25,000 (c) Section 9
(d) As per bank's Board approved policy (d) None of the above
Ans. (c) Ans. (a)
Explanation: Explanation:
As per RBI recent notification Section 21 of the Code of Civil Procedure, 1908 is
z Credit cards with limit up to ₹5 lakh have related to the Place of Suing.
maximum liability of ₹10,000 Hence, option (a) is the correct answer.

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dri shti j ud i c i ar y.c o m CA Quiz (JANUARY 2025) CONSOLIDATION

28. Which of the following are the conditions under z Any person convicted in a trial by any other court
which objections based on the place of suing shall be where a sentence of imprisonment for more than
entertained by the Court under Section 21 of the 7 years has been passed against them or against
Code of Civil Procedure? any other person convicted at the same trial
(a) The objection was taken in the court of first Hence, option (d) is the correct answer.
instance. 30. Under Section 415(3) of the Bharatiya Nyaya Suraksha
(b) It was taken at the earliest possible opportunity Sanhita 2023, which of the following cases can be
and in cases where issues are settled, at or before appealed to the Court of Session?
settlement of issues. (a) Only convictions by first class Magistrates
(c) There has been a consequent failure of justice. (b) Only sentences under section 364
(d) All of the above (c) Only orders under section 401
Ans. (d) (d) All of the above
Explanation: Ans. (d)
As per Section 21 of the Code of Civil Procedure, 1908 Explanation:
objections based on the place of suing shall be Section 415(3) of Bharatiya Nyaya Suraksha Sanhita
entertained by the Court if these three conditions are 2023 specifically allows appeals to the Court of
satisfied: Session in three cases:
z The objection was taken in the court of first z Convictions by Magistrates of first class or
instance. second class.
z It was taken at the earliest possible opportunity z Sentences passed under section 364.
and in cases where issues are settled, at or before z Orders or sentences passed under section 401 by
settlement of issues. any Magistrate.
z There has been a consequent failure of justice. Additionally, the section includes a special provision
Hence, option (d) is the correct answer. in 415(4) requiring disposal of appeals within 6
29. According to Section 415(2) of the Bharatiya Nyaya months when filed against sentences under sections
64, 65, 66, 67, 68, 70, or 71 of the Bharatiya Nyaya
Suraksha Sanhita 2023, who can appeal to the High
Sanhita, 2023.
Court?
Hence, option (d) is the correct answer.
(a) Only those convicted by a Sessions Judge
31. Under Section 326 IPC, which of the following is NOT
(b) Only those sentenced to more than 7 years
mentioned as a means of causing grievous hurt?
imprisonment
(a) Explosive substance
(c) Only those convicted by an Additional Sessions
Judge (b) Electric shock
(d) Both those convicted by Sessions/Additional (c) Corrosive substance
Sessions Judge AND those sentenced to more (d) Heated substance
than 7 years imprisonment in any other court Ans. (b)
Ans. (d) Explanation:
Explanation: Section 326 IPC specifically enumerates the following
Section 415(2) of the Bharatiya Nyaya Suraksha means of causing grievous hurt:
Sanhita 2023 provides two categories of persons who z Instruments for shooting, stabbing or cutting
can appeal to High Court: z Fire or heated substances
z Any person convicted in a trial by a Sessions Judge z Poison or corrosive substances
or Additional Sessions Judge z Explosive substances

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CA Quiz (JANUARY 2025) CONSOLIDATION drishtijudic ia ry. c om

z Substances deleterious to human body (inhale/ (c) Section 25


swallow/blood) (d) None of the above
z Animals Electric shock is not explicitly mentioned
Ans. (a)
in the section, though it may be covered under
other sections of IPC. All other options are directly Explanation: Section 18 of the DV Act states the
mentioned in Section 326. provision specifically for Protection Orders.
Hence, option (b) is the correct answer. Hence, option (a) is the correct answer.
32. What is the maximum punishment that can be 35. Which provisions provide that Sale of an immovable
awarded under Section 326 IPC? property of value greater than 100 should only be by
(a) Death penalty way of a registered sale deed?
(b) Life imprisonment and fine (a) Section 54 of Transfer of Property Act, 1882
(c) 10 years imprisonment only (b) Section 17 of Registration Act, 1908
(d) 14 years imprisonment and fine (c) Both (a) and (b)
Ans. (b) (d) None of the above
Explanation: Ans. (c)
Section 326 IPC explicitly provides for two types of Explanation:
punishment:
Section 54 of Transfer of Property Act, 1882 and
z Primary punishment: Either life imprisonment OR
Section 17 of Registration Act, 1908 both provide
imprisonment up to 10 years
that Sale of an immovable property of value greater
z Additional punishment: Liable to fine the section
than 100 should only be by way of a registered sale
does not mention death penalty or 14 years
deed.
imprisonment.
Hence, option (c) is the correct answer.
The punishment is intended to be severe due to the
grievous nature of the hurt caused using dangerous 36. Which provision provides that Limitation Act, 1963
weapons or means. The court has the discretion to shall not apply in those cases where there is any
award either life imprisonment or imprisonment up special or local law specifies a different period of
to 10 years, along with a fine, depending on the limitation?
circumstances of each case. (a) Section 29 (2)
Hence, option (b) is the correct answer. (b) Section 30
33. Under which Section of the Protection of Women & (c) Section 26
Domestic Violence Act, 2005 states the provisions for
(d) None of the above
Breach of a Protection Order?
(a) Section 31 Ans. (a)
(b) Section 48 Explanation:
(c) Section 18 Section 29 (2) provides that Limitation Act, 1963
(d) None of the above shall not apply in those cases where there is any
special or local law specifies a different period of
Ans. (a)
limitation
Explanation: Section 31 of the DV Act states the
Hence, option (a) is the correct answer.
provision regarding Breach of a Protection Order
Hence, option (a) is the correct answer. 37. Which provision of Limitation Act, 1963 provides that
the delay in filing appeal can be condoned?
34. As per which section of the Protection of Women &
Domestic Violence Act, 2005 states the provisions (a) Section 9
specifically for Protection Orders? (b) Section 5
(a) Section 18 (c) Section 7
(b) Section 14 (d) None of the Above

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dri shti j ud i c i ar y.c o m CA Quiz (JANUARY 2025) CONSOLIDATION

Ans. (b) Ans. (c)


Explanation: Explanation:
Section 5 of Limitation Act provides for condonation Section 4(1) of the Probation of Offenders Act, 1958
of delay if sufficient cause is shown. specifically states that when releasing an offender on
Hence, option (b) is the correct answer. probation, the court can direct them to appear and
receive sentence "during such period, not exceeding
38. Mutual Divorce is given under which Section of Hindu
three years." This is a statutory limitation that cannot
Marriage Act, 1955?
be exceeded.
(a) Section 7
Hence, option (c) is the correct answer.
(b) Section 12
41. Which of the following Section of the Limitation Act,
(c) Section 13 1963 states about Condonation of Delay?
(d) None of the above (a) Section 5
Ans. (c) (b) Section 8
Explanation: As per Section 13 of the HMA, 1955 (c) Section 10
Mutual Divorce can be filed. (d) None of the above
Hence, option (c) is the correct answer. Ans. (a)
39. Which Section of Hindu Marriage Act 1955 expressly Explanation: Section 5 of the Limitation Act, 1963
talks about Saptapati as a ceremony of a Hindu states about Condonation of Delay.
marriage? Hence, option (a) is the correct answer.
(a) Section 7 42. According to the case law New India Insurance Co.
(b) Section 9 Ltd. v. Smt. Shanti Misra (1976) regarding condonation
(c) Both (a) and (b) of delay, which among the following statements is
(d) None of the above INCORRECT?
(a) 'Sufficient cause' must show lack of control over
Ans. (a)
circumstances, but negligence or inaction won't
Explanation: under Section 7 of the HMA, it is given disqualify from seeking condonation
as:
(b) Courts must adopt a rigid rule-based approach
z Clause (2) states that where such rites and rather than exercising discretionary powers while
ceremonies include the Saptapadi (that is, the considering delay
taking of seven steps by the bridegroom and the
(c) The term 'sufficient cause' should be interpreted
bride jointly before the sacred fire), the marriage
liberally to advance substantial justice
becomes complete and binding when the seventh
(d) Delay must be explained from the time limitation
step is taken.
period expired until filing of appeal/application
Hence, option (a) is the correct answer.
Ans. (b)
40. Under Section 4 of the Probation of Offenders Act,
1958, when a court directs release of an offender on Explanation: According to New India Insurance Co.
probation of good conduct, it CANNOT: Ltd. v. Smt. Shanti Misra (1976), the discretion given
under Section 5 of Limitation Act cannot be converted
(a) Impose conditions for residence and abstention
into rigid rules. The Supreme Court specifically held
from intoxicants
that 'sufficient cause' cannot be defined by hard and
(b) Release the offender without any sureties fast rules. This contradicts option (b) which incorrectly
(c) Extend the probation period beyond three years suggests a rigid rule-based approach.
(d) Require supervision by a probation officer Hence, option (b) is the correct option.

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CA Quiz (JANUARY 2025) CONSOLIDATION drishtijudic ia ry. c om

43. According to Section 35 of Code of Civil Procedure, Ans. (b)


1908, which statement is correct regarding court's
Explanation:
power to award costs?
As per Section 80 of CPC the notice of not less than
(a) The court can only award costs if it has jurisdiction
to try the suit 2 months should be served before filing a suit agaisnt
the Government
(b) The court must follow strict guidelines when
awarding costs Hence, option (b) is the correct answer.
(c) The court has discretionary power to determine 46. What are the conditions for invoking Section 12 (3)
costs even if it lacks jurisdiction of Specific Relief Act, 1963 (SRA)?
(d) The court cannot award costs against property (a) The unperformed part forms significant portion
Ans. (c) if it can be compensated in money
Explanation: (b) The unperformed part cannot be compensated
Section 35(1) of Code of Civil Procedure, 1908 in money
explicitly states that "The fact that the Court has no (c) The parties relinquish all claims to right to
jurisdiction to try the suit shall be no bar to the compensation
exercise of such powers." This means the court retains
(d) All of the above
its discretionary power to award costs even when it
lacks jurisdiction to try the main suit. Ans. (d)
Hence, option (c) is the correct answer. Explanation:
44. When the Court decides that costs shall not follow Section 12 (3) of SRA comes into picture if the
the event, what is required under Section 35(2) of following conditions are fulfilled:
Code of Civil Procedure, 1908?
z Part Performance of the contract can be allowed
(a) The court must obtain permission from higher
if the following requirements are fulfilled:
court
‹ If one party cannot fully perform their
(b) The court must state its reasons in writing
obligations under a contract, specific
(c) The court must hear both parties again
performance may not be granted if:
(d) The court must transfer the case
™ The unperformed part is a significant
Ans. (b) portion, even if it can be compensated
Explanation: with money.
Section 35(2) of of Code of Civil Procedure, 1908 ™ The unperformed part cannot be
specifically mandates that "Where the Court directs compensated with money.
that any costs shall not follow the event, the Court
z In such cases, the court can order the defaulting
shall state its reasons in writing." This ensures
party to complete the part of the contract they
transparency and accountability in cases where the
court deviates from the general principle of costs can perform, if the other party agrees.
following the event (where the losing party typically z The other party must:
pays the costs). ‹ For clause (a): Pay the agreed amount minus
Hence, option (b) is the correct answer. the value of the unperformed part.
45. As per Section 80 of Civil Procedure Code, 1908 (CP(c) ‹ For clause (b): Pay the full agreed amount
notice of how much time should be served? without any deduction.
(a) 3 months z The other party must also give up any claims for
(b) 2 months performance of the remaining part of the contract
(c) 1 month and any compensation for the default.
(d) None of the above Hence, option (d) is the correct answer.

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dri shti j ud i c i ar y.c o m CA Quiz (JANUARY 2025) CONSOLIDATION

47. The ‘inability to perform’ as under Section 12 (3)of Ans. (b)


Specific Relief Act, 1963 (SR(a)can arise when which Explanation:
of the following is there? Under Section 9 of Hindu Marriage Act, 1955, the
(a) Deficiency in quantity burden of proof specifically lies with the spouse who
(b) Variance in quality has withdrawn from the marriage. They must prove
they had reasonable excuse for withdrawing from
(c) Defect in title
cohabitation. This is a key aspect of the provision that
(d) All of the above places the onus on the withdrawing party to justify
Ans. (d) their actions, rather than requiring the aggrieved
Explanation: party to prove the withdrawal was unreasonable. The
rationale behind this is that since the withdrawing
The Supreme Court has in the case Vijay Prabhu v. ST spouse has taken the action of leaving the matrimonial
Lajapathie & Ors (2024) held that ‘inability to home, they should be able to justify their decision
perform’ would include the following instances: with valid reasons.
z deficiency in quantity of the subject-matter, or Hence, option (b) is the correct answer.
z variance in quality, or 50. Which of the following statements best describes the
z defect in title; or court's role in granting a decree for restitution of
z some legal prohibition; or conjugal rights under Section 9 of Hindu Marriage
Act, 1955?
z Other causes
(a) The court must only verify if the petitioner is
Hence, option (d) is the correct answer.
legally married
48. What is the landmark judgment which delineates the
(b) The court must only check if the withdrawal has
principles on circumstantial evidences? occurred
(a) Sharad Birdichand Sharda v. State of Maharashtra (c) The court must be satisfied that both the petition
(1984) statements are true and there are no legal
(b) Pakala Narayana Swami v. The King Emperor grounds for rejection
(1939) (d) The court can grant the decree based solely on
(c) Onkar v. State of Madhya Pradesh (1974) the petitioner's statements
(d) All of the above Ans. (c)

Ans. (a) Explanation:


Section 9 of Hindu Marriage Act, 1955 mandates that
Explanation:
the court must fulfill a dual verification process before
In the case of Sharad Birdichand Sharda v. State of granting a decree for restitution of conjugal rights.
Maharashtra (1984) the Court delineated the z First, it must be satisfied that the statements
principles on circumstantial evidences. made in the petition are true.
Hence, option (a) is the correct answer. z Second, it must ensure there are no legal grounds
49. In a petition for restitution of conjugal rights under for rejecting the application.
Section 9 of Hindu Marriage Act, 1955, which party This two-fold requirement acts as a safeguard to
bears the burden of proof? prevent misuse of the provision and ensures that the
court makes a balanced decision after considering
(a) The petitioner (aggrieved spouse)
both the veracity of the claims and any potential legal
(b) The respondent (withdrawing spouse) impediments. The court cannot proceed with granting
(c) Both parties equally the decree if either of these conditions is not met.
(d) The court Hence, option (c) is the correct answer.

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CA Quiz (JANUARY 2025) CONSOLIDATION drishtijudic ia ry. c om

51. Which of the following would NOT qualify as a 53. According to Section 3(4) of the MTP Act, whose
"domestic relationship" under Section 2(f) of the consent is mandatory for termination of pregnancy
Protection of Women from Domestic Violence Act? in case of a woman who is mentally ill?
(a) A woman living with her adoptive parents in their (a) Only the woman's consent
home (b) Only the guardian's written consent
(b) A couple in a live-in relationship sharing an (c) Both the woman's and guardian's consent
apartment
(d) Either the woman's or guardian's consent
(c) Two friends sharing a rented apartment for
financial convenience Ans. (b)
(d) A daughter-in-law living with her in-laws in a joint Explanation:
family setup Section 3(4)(a) of MTP Act,1971 specifically states
Ans. (c) that for a woman who is a mentally ill person, the
pregnancy shall not be terminated except with the
Explanation:
consent in writing of her guardian. This is a protective
Under Section 2(f), a domestic relationship requires provision ensuring that vulnerable individuals have
both: proper representation in such important medical
z Living together in a shared household, and decisions. The same requirement applies to women
z The relationship must fall into one of these under 18 years of age.
categories: Hence, option (b) is the correct answer.
‹ Consanguinity (blood relation)
54. What is the landmark judgment which lays down
‹ Marriage
guidelines with respect to transgender persons?
‹ Relationship in nature of marriage
(a) Suresh Kumar Kaushal v. Union of India (2013)
‹ Adoption
(b) National Legal Services Authority v. Union of India
‹ Family members in joint family
(2014)
While friends sharing an apartment satisfy the first
(c) Navtej Singh Johar v. Union of India (2018)
requirement of living together, their relationship
doesn't fall into any of the specified categories. (d) All of the above
Hence, option (c) is the correct answer. Ans. (b)
52. Under Section 3 of the MTP Act, for termination of Explanation:
pregnancy between 20-24 weeks, which of the In the case of National Legal Services Authority v.
following conditions must be met? Union of India (2014) the Court laid down guidelines
(a) Opinion of one registered medical practitioner for transgender persons.
(b) Opinion of two registered medical practitioners Hence, option (b) is the correct answer.
formed in good faith 55. Which provision of The Transgender Persons
(c) Only the consent of the woman is required (Protection of Rights) Act, 2019 defines transgender?
(d) Only the opinion of a Medical Board is required (a) Section 2 (b)
Ans. (b) (b) Section 3
Explanation: (c) Section 2 (k)
As per Section 3(2)(b) of the MTP Act, when the length (d) None of the above
of pregnancy exceeds 20 weeks but does not exceed
Ans. (c)
24 weeks, the opinion of not less than two registered
medical practitioners formed in good faith is required Explanation:
for termination. This is a stricter requirement The term ‘transgender’ is defined in Section 2 (k) of
compared to pregnancies under 20 weeks which The Transgender Persons (Protection of Rights) Act,
require only one medical practitioner's opinion. 2019.
Hence, option (b) is the correct answer. Hence, option (c) is the correct answer.

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dri shti j ud i c i ar y.c o m CA Quiz (JANUARY 2025) CONSOLIDATION

56. Under Section 64 of the Indian Patents Act, 1970 (a) Section 17
which of the following is NOT a valid ground for patent (b) Section 36
revocation? (c) Section 37
(a) The invention lacks novelty (d) None of the above
(b) The patent was obtained through false
Ans. (a)
representation
Explanation:
(c) The patent holder failed to pay maintenance fees
As per Section 17 of the Guardianship & Wards Act,
(d) The invention is obvious and lacks inventive step
1890 provides matters to be considered while
Ans. (c) appointing a guardian.
Explanation: Hence, option (a) is the correct answer.
Section 64 of the Patent Act,1970 lists specific 59. Which provision provides for temporary injunction?
grounds for patent revocation, including lack of (a) Section 38 of Specific Relief Act, 1963
novelty (clause e), false representation (clause j), and
(b) Order XXXIX of Civil Procedure Code, 1908
obviousness/lack of inventive step (clause f).
However, failure to pay maintenance fees is not (c) Both (a) and (b)
mentioned as grounds for revocation under Section (d) None of the above
64. The grounds mainly focus on substantive issues Ans. (b)
like validity, entitlement, and proper disclosure rather Explanation:
than administrative matters like fee payment.
Order XXXIX of Civil Procedure Code, 1908 provides
Hence, option (c) is the correct answer. for temporary injunction.
57. When filing a revocation petition under Section 64 Hence, option (b) is the correct answer.
Indian Patents Act, 1970, notice must be served to
60. When can a suit for injunction simpliciter be filed?
(a) Only the patent holder
(a) When plaintiff is not in possession of the property
(b) All registered patent proprietors and those with
(b) When the defendant disputes the title to the
registered interests
property
(c) Any person using the patented invention
(c) Where the defendant is a trespasser and does
(d) The general public through newspaper not dispute the title of the plaintiff
advertisement
(d) None of the above
Ans. (b)
Ans. (c)
Explanation:
Explanation:
As per Section 64(5) of the Patent Act,1970, notice
In the case of Anathula Sudhakar v. P. Buchi Reddy
of any petition for revocation must be served on "all
(dead) (2008), the Court held that the suit for
persons appearing from the register to be proprietors
injunction simpliciter can be filed when the defendant
of that patent or to have shares or interests therein." is a trespasser and does not dispute the title of the
The section explicitly states it's not necessary to serve plaintiff
notice on any other person. This ensures that all
Hence, option (c) is the correct answer.
parties with a registered legal interest in the patent
are aware of the revocation proceedings, while not 61. What is the effective rate of customs duty (including
burdening the petitioner with serving notice to other education cess) for articles beyond free allowances
parties. as per the Baggage Rules 2016?
Hence, option (b) is the correct answer. (a) 35%
58. Which Section of the Guardianship & Wards Act, 1890 (b) 36.05%
provides matters to be considered while appointing (c) 38%
a guardian? (d) 33%

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CA Quiz (JANUARY 2025) CONSOLIDATION drishtijudic ia ry. c om

Ans. (b) (c) The accused has the right to refuse if the diary
Explanation: contains their personal knowledge and could be
self-incriminatory
As per the Baggage Rules 2016, articles beyond free
(d) The accused must produce the diary but cannot
allowances are subject to basic customs duty of 35%
be asked to explain its contents
plus an education cess of 3%, making the effective
rate 36.05%. Ans. (c)
Hence, option (b) is the correct answer. Explanation:
Article 20(3) of the Constitution of India protects
62. Under the Baggage Rules 2016 for gold, what is the
against self-incrimination where the evidence
maximum quantity of gold (including ornaments)
involves personal knowledge or testimony of the
allowed per passenger? accused. A personal diary containing daily activities
(a) Two kilograms written by the accused qualifies as testimonial
(b) Half kilogram evidence since it contains their personal knowledge
(c) One kilogram and statements. If such content could be self-
incriminatory, the accused has the constitutional right
(d) Five kilograms to refuse its production under Article 20(3).
Ans. (c) Hence, option (c) is the correct answer.
Explanation: 65. When does the protection under Article 20(3) of the
According to the Baggage Rules 2016 for gold and Constitution of India, 1850 become available to a person?
silver as baggage, the total quantity of gold (including (a) Only after formal arrest
ornaments) that can be imported must not exceed (b) Only during trial
one kilogram per passenger, subject to specified (c) As soon as they are accused of an offense
conditions and duty payment. (d) Only after conviction
Hence, option (c) is the correct answer.
Ans. (c)
63. When did the Income Tax Act, 1961 come into force? Explanation:
(a) 17th January 1961 The protection under Article 20(3) becomes available
(b) 1st April 1962 as soon as a person is accused of an offense. The
(c) 18th April 1962 Supreme Court has clarified that this protection is not
limited to persons who are formally arrested or facing
(d) None of the above
trial - it extends to any person against whom an
Ans. (b) accusation of offense is made that could potentially
Explanation: result in prosecution. The key requirement is that
there must be a formal accusation of an offense where
The Income Tax Act, 1961 came into force on 1st April
the person stands in the character of an accused.
1962.
Hence, option (c) is the correct answer.
Hence, option (b) is the correct answer.
66. Under Section 13 of the Commercial Courts Act,2015
64. In a criminal case, the prosecution demands that the which of the following statements best describes the
accused produce their personal diary containing appellate structure for Commercial Courts?
details of their daily activities. The accused refuses, (a) All appeals go directly to the Supreme Court
citing Article 20(3) of the Constitution of India, 1950.
(b) Appeals from all levels go to the High Court
Which statement best describes the constitutional
(c) A two-tier structure where appeals from courts
position?
below District Judge go to Commercial Appellate
(a) The accused must produce the diary as it is a Court, and appeals from District Judge/Commercial
physical document Division go to Commercial Appellate Division
(b) The accused can refuse only if the diary contains (d) Appeals lie only to the Commercial Appellate
confessions Division in all cases

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dri shti j ud i c i ar y.c o m CA Quiz (JANUARY 2025) CONSOLIDATION

Ans. (c) (a) Section 64


Explanation: (b) Section 74
The Act establishes a distinct two-tier appellate (c) Section 67
structure where: (d) Section 69
z Appeals from Commercial Courts below District Ans. (b)
Judge level go to the Commercial Appellate Court
Explanation:
z Appeals from Commercial Courts at District Judge
Section 74 of BNS provides for the offence of assault
level or Commercial Division of High Court go to
or criminal force against woman.
the Commercial Appellate Division of that High
Court. This ensures a hierarchical and organized Hence, option (b) is the correct answer.
appellate mechanism based on the level of the 69. Under which Section of Bharatiya Nagarik Suraksha
original court. Sanhita, 2023 (BNSS) is the principle of Double
Hence, option (c) is the correct answer. Jeopardy incorporated?
67. Which of the following is NOT correct regarding (a) Section 300
appeals under Section 13 of the Commercial Courts (b) Section 337
Act, 2015? (c) Section 340
(a) Appeals must be filed within 60 days from the (d) Section 266
date of judgment
Ans. (b)
(b) Appeals are allowed from all orders of Commercial
Explanation:
Courts regardless of their nature
Section 337 of BNSS incorporates the principle of
(c) Appeals are specifically allowed from orders
Double Jeopardy, which states that a person once
enumerated under Order XLIII of CPC
tried by a court of competent jurisdiction cannot be
(d) The provisions override Letters Patent of High tried again for the same offence while the conviction
Courts or acquittal remains in force.
Ans. (b) Hence, option (b) is the correct answer.
Explanation: 70. Which Article of the International Covenant on Civil
The statement that "appeals are allowed from all and Political Rights, 1996 guarantees equal rights
orders" is incorrect because: before courts and tribunals?
z Section 13 specifically limits appealable orders to (a) Article 20
those enumerated under Order XLIII of CPC and (b) Article 9
Section 37 of the Arbitration Act (c) Article 14
z The section creates an exclusive mechanism
(d) Article 22
where appeals are only allowed as per the Act's
provisions Ans. (c)
z Not all orders are appealable; only those Explanation:
specifically mentioned can be appealed Article 14 of the International Covenant on Civil and
z The Act expressly overrides other laws and Letters Political Rights, 1996 guarantees that:
Patent, creating a restricted and specific appellate z All persons shall be equal before courts and
jurisdiction tribunals.
Hence, option (b) is the correct answer. z Everyone is entitled to fair and public hearing.

68. Which provision of Bharatiya Nyaya Sanhita, 2023 z Hearing must be by competent, independent and
(BNS) provide for the offence of assault or criminal impartial tribunal established by law.
force against a woman? Hence, option (c) is the correct answer.

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CA Quiz (JANUARY 2025) CONSOLIDATION drishtijudic ia ry. c om

71. Under the Bharatiya Nyaya Sanhita, 2023, the offense 73. Which provision of the Trademark Act, 1999 provides
of cruelty against a married woman by her husband for infringement of trademark?
or his relatives is now covered under: (a) Section 12
(a) Section 498-A (b) Section 29
(b) Section 85 (c) Section 13
(c) Section 3(5) (d) Section 30
(d) Section 323
Ans. (b)
Ans. (b) Explanation:
Explanation: Section 29 of Trademark Act, 1999 provides for
Section 85 of the Bharatiya Nyaya Sanhita, 2023 (BNS) infringement of trademark.
has replaced Section 498-A of the Indian Penal Code. Hence, option (b) is the correct answer.
This section specifically deals with cruelty against a
74. Under Section 31 of the Arbitration and Conciliation
married woman by her husband or relatives of the
Act, 1996, which of the following is NOT mandatory
husband. The punishment remains the same -
for an arbitral award?
imprisonment up to three years along with a fine.
This represents a significant transition in Indian (a) Written form
criminal law while maintaining the protective (b) Signature of arbitrators
framework for married women against domestic (c) Reasons for conclusions
cruelty. (d) Consent of parties for enforcement
Hence, option (b) is the correct answer. Ans. (d)
72. Which of the following statements accurately Explanation:
describes Section 3(5) of the Bharatiya Nyaya Sanhita,
Section 31 mandates written form, signatures, and
2023?
reasons (unless parties agree otherwise) but does
(a) It deals exclusively with domestic violence cases not require parties' consent for enforcement. The
(b) It defines the punishment for dowry-related award is binding once properly made.
crimes Hence, option (d) is the correct answer.
(c) It replaces Section 34 IPC and deals with acts done
75. Regarding interest under Section 31 of the Arbitration
in furtherance of common intention
and Conciliation Act, 1996, which statement is
(d) It outlines the investigation procedure for correct?
matrimonial disputes
(a) Pre-award interest is mandatory
Ans. (c) (b) Post-award interest is always at bank rate
Explanation: (c) Post-award interest is 2% higher than current
Section 3(5) of the BNS is the equivalent of the former rate
Section 34 of the IPC. This section establishes that (d) Interest cannot be awarded on costs
when multiple persons commit a criminal act in
furtherance of their common intention, each person Ans. (c)
is liable for that act as if they had committed it Explanation:
individually. This is a fundamental principle in criminal Section 31(7)(b) specifically provides for post-award
law that ensures all participants in a crime can be interest at 2% higher than the current rate of
held equally responsible when they share a common interest, while pre-award interest is discretionary
intention, regardless of their individual roles in the and can be at any reasonable rate determined by
actual commission of the offense. the tribunal.
Hence, option (c) is the correct answer. Hence, option (c) is the correct answer.

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dri shti j ud i c i ar y.c o m CA Quiz (JANUARY 2025) CONSOLIDATION

76. Under Section 45 of the Bharatiya Nyaya Sanhita, knowingly disobeying any government rule related
2023, which of the following does NOT constitute to quarantine or regulating transport/intercourse
abetment? between places where infectious disease prevails is
(a) Engaging in conspiracy with others to facilitate imprisonment up to 6 months, or fine, or both. This
suicide is a specific provision aimed at enforcing public health
(b) Making casual remarks during an argument measures.
(c) Direct instigation of a person to commit suicide Hence, option (c) is the correct answer.
(d) Intentional aid through action or illegal omission 79. Which of the following crimes carries the highest
maximum prison sentence?
Ans. (b)
(a) Breaking open a receptacle containing property
Explanation:
Section 45 of the BNS defines abetment through three (b) Forgery
specific components: direct instigation, conspiracy (c) Disobedience to quarantine rule
engagement, and intentional aid. Casual remarks (d) Cheating involving valuable security
made during arguments, even if hurtful, do not
qualify as abetment under the law. Ans. (d)
Hence, option (b) is the correct answer. Explanation:
77. Under Section 108 of the Bharatiya Nyaya Sanhita, Comparing the maximum prison terms in the given
2023 (BNS), what is the maximum punishment sections of BNS, 2023:
prescribed for abetment of suicide? z Section 334 (Breaking receptacle): Up to 3 years
(a) 7 years imprisonment z Section 336 (Forgery): Up to 2 years
(b) 10 years imprisonment and fine z Section 273 (Quarantine violation): Up to 6
(c) Life imprisonment months
(d) 14 years imprisonment z Section 318 (Cheating): Up to 7 years plus fine

Ans. (b) Section 318(4) of BNS,2023 dealing with cheating that


Explanation: induces delivery of property or manipulation of
valuable security carries the highest punishment at
Section 108 of the BNS (which corresponds to the
earlier Section 306 of IPC) prescribes a maximum 7 years imprisonment plus fine. It's also the only
punishment of 10 years imprisonment along with offense among these that mandates both
financial penalties for abetment of suicide. This shows imprisonment and fine, while others allow for either/
the serious nature of the offense while distinguishing or options.
it from more severe crimes that carry life Hence, option (d) is the correct answer.
imprisonment.
80. What is the power of the Court under Section 28 of
Hence, option (b) is the correct answer. Specific Relief Act, 1963?
78. As per Bharatiya Nyaya Sanhita, 2023 (BNS), what is (a) Extend time for compliance of decree
the maximum punishment for knowingly disobeying
(b) Rescind the contract
government quarantine rules?
(a) 2 years imprisonment or fine or both (c) Either (a) or (b)
(b) 3 years imprisonment or fine or both (d) None of the above
(c) 6 months imprisonment or fine or both Ans. (c)
(d) 7 years imprisonment plus fine Explanation:
Ans. (c) Section 28 of the Specific Relief Act, 1963 provides
Explanation: that the Court may either extend time for performance
According to Section 273 of BNS,2023 (Disobedience of contract or rescind the contract.
to quarantine rule), the maximum punishment for Hence, option (c) is the correct answer.

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CA Quiz (JANUARY 2025) CONSOLIDATION drishtijudic ia ry. c om

81. Which provision of the Trademark Act, 1999 provides 84. When will murder be reduced to culpable homicide
for infringement of trademark? under Section 300 of Indian Penal Code, 1860?
(a) Section 12 (a) Grave and sudden provocation
(b) Section 29 (b) Sudden fight
(c) Section 13 (c) When a person exceeds his right to private
(d) Section 30 defense
Ans. (b) (d) All of the above
Explanation: Ans. (d)
Section 29 of Trademark Act, 1999 provides for Explanation:
infringement of trademark.
Murder amounts to culpable homicide under
Hence, option (b) is the correct answer.
Section 300 of Indian Penal Code, 1860 in following
82. Which of the following is NOT a required element to situation:
establish a passing off claim?
(i) Grave and sudden provocation
(a) The plaintiff must have goodwill or reputation
(ii) When a person exceeds the right to private
associated with their goods or services
defense
(b) The defendant must have intentionally copied the
plaintiff's trademark (iii) A public servant exceeds the power that is given
(c) The misrepresentation must cause or be likely to to him by law
cause damage to the plaintiff's reputation (iv) When committed without premeditation in a
(d) There must be a likelihood of consumer confusion sudden fight
(v) Consent of a person greater than 18 years
Ans. (b)
Explanation: Hence, option (d) is the correct answer.
In a passing off claim, intentional copying is NOT a 85. Which of the following is the landmark case on grave
necessary element. The key aspects are: and sudden provocation?
z Goodwill/Reputation (Element of Identity) (a) K.M Nanavati v. State of Maharashtra (1961)
z Misrepresentation (Element of Confusion) (b) Bhajan Lal v. State of Haryana (1990)
z Damage (Element of Harm) (c) None of the above
Hence, option (b) is the correct answer. (d) Both (a) and (b)
83. Under which of the following article, equality before
Ans. (a)
the law and equal protection of the laws are the
integral parts? Explanation:
(a) Article 300 K.M. Nanavati v. State of Maharashtra (1961) is the
(b) Article 14 landmark case law on grave and sudden provocation.
(c) Article 19 Hence, option (a) is the correct answer.
(d) None of the above 86. As per Section 16 (2) of the Arbitration and Conciliation
Act, 1996 the plea challenging the tribunal’s
Ans. (b)
jurisdiction shall be raised at what stage?
Explanation:
(a) No later than submitting the statement of defence
Under Article 14 of the Constitution of India, 1950
deals with equality before the law and equal (b) Not later than submitting the statement of claim
protection of the laws are the integral parts. (c) At any stage
Hence, option (b) is the correct answer. (d) There is no such restriction

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dri shti j ud i c i ar y.c o m CA Quiz (JANUARY 2025) CONSOLIDATION

Ans. (a) Ans. (c)


Explanation: Explanation:
As per Section 16 (2) of the Arbitration and Conciliation Section 69(3) specifically provides an exception to
Act, 1996 a party must raise a plea challenging the the general restrictions on unregistered partnership
tribunal’s jurisdiction no later than submitting the firms. While subsections (1) and (2) prohibit most
statement of defence. types of legal suits, the third subsection explicitly
Hence, option (a) is the correct answer. allows suits related to:
87. Section 16 is based on which of the following z Dissolution of the partnership.
principles?
z Seeking accounts of a dissolved firm.
(a) Principle of Kompetenz Kompetenz
z Realizing property of a dissolved firm.
(b) Group of Companies
Hence, option (c) is the correct answer.
(c) Both (a) and (b)
90. Which of the following Articles of the Constitution of
(d) None of the above
India, 1950 provide the restriction subject to public
Ans. (a) order, morality, health and other provisions relating
Explanation: to fundamental rights against the freedom of
Section 16 of Arbitration and Conciliation Act, 1996 conscience and the right to freely profess, practice
provides for the principle of Kompetenz Kompetenz and propagate religion?
Hence, option (a) is the correct answer. (a) Article 31
88. Which of the following Section of the Indian (b) Article 25
Partnership Act, 1932 states clearly the effects of (c) Article 27
non-registration of a partnership firm?
(d) None of the above
(a) Section 69
(b) Section 70 Ans. (b)
(c) Section 46 Explanation: Article 25 of the Constitution provide
(d) None of the above the restriction subject to public order, morality,
health and other provisions relating to fundamental
Ans. (a) rights against the freedom of conscience and the
Explanation: right to freely profess, practice and propagate
Section 69 states clearly the effects of non-registration religion.
of a partnership firm. Hence, option (b) is the correct answer.
Hence, option (a) is the correct answer.
91. Which Section of Hindu Marriage Act 1955 expressly
89. Under Section 69 of the Indian Partnership Act, 1932, talks about the court in which petition can be
which of the following statements is TRUE regarding an presented?
unregistered partnership firm's legal right to file a suit?
(a) Section 19
(a) An unregistered partnership firm can freely file suits
against third parties for any contractual dispute (b) Section 9
(b) Partners of an unregistered partnership firm can (c) Both (a) and (b)
always file a monetary recovery suit against each (d) None of the above
other
Ans. (a)
(c) An unregistered partnership firm can file a suit
Explanation:
for dissolution of the partnership and rendition
of accounts Section 19 of Hindu Marriage Act 1955 expressly
(d) No legal suit whatsoever can be filed by an talks about the court in which petition can be
unregistered partnership firm under any presented
circumstances Hence, option (a) is the correct answer.

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CA Quiz (JANUARY 2025) CONSOLIDATION drishtijudic ia ry. c om

92. Which provision of SARFAESI provides that civil Courts 95. Can a plaint be rejected on the ground that the Court
cannot handle matter related to Debt Recovery cannot grant one of the two reliefs?
Tribunals? (a) Yes, as there can be partial rejection of suit
(a) Section 30 (b) No, if the Court can grant one of the reliefs it shall
(b) Section 34 not reject the plaint
(c) Section 31 (c) Yes, as it fulfills the criteria laid down in Order VII
Rule 11 of CPC
(d) Section 29
(d) None of the above
Ans. (b)
Ans. (b)
Explanation:
Explanation:
Section 34 of SARFAESI Act provides that civil courts
In the case of Central Bank of India v. Smt. Prabha
cannot handle cases related to matters assigned to
Jain (2025) the Court held that if the Court can grant
Debts Recovery Tribunals (DRTs) or Appellate
one of the reliefs it shall not reject the plaint
Tribunals under this Act.
Hence, option (b) is the correct answer.
Hence, option (b) is the correct answer.
96. Under Which Section of Bhartiya Nagarik Suraksha
93. Which provision of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) states the provisions based on
Sanhita, 2023 provides for withdrawal of prosecution? when Police may arrest without warrant?
(a) Section 320 (a) Section 35
(b) Section 321 (b) Section 48
(c) Section 360 (c) Section 473
(d) None of the above (d) None of the above
Ans. (c) Ans. (a)
Explanation: Explanation: Section 35 of Bhartiya Nagarik Suraksha
Section 360 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) states the provisions based on
Sanhita, 2023 provides for withdrawal of prosecution. when Police may arrest without warrant.
Hence, option (c) is the correct answer. Hence, option (a) is the correct answer.
94. What is the new feature added in Section 360 of 97. In light of the Supreme Court's decision in Satender
Bharatiya Nagarik Suraksha Sanhita, 2023 which was Kumar Antil v. CBI & Anr. (2022) and its approval of
Rakesh Kumar v. Vijayanta Arya (2021), which of the
not present in Section 321 of Criminal Procedure
following statements correctly represents the legal
Code, 1973?
position regarding service of notices under Section
(a) Victim should be given an opportunity to be heard 41-A Code of Criminal Procedure, 1973/Section 35
(b) Permission of Court should be taken Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS)?
(c) If withdrawal is before the charge is framed (a) Police officers can serve notices through any
accused shall be discharged available means, including WhatsApp, as long as
(d) All of the above the accused acknowledges receipt
(b) Electronic service of notices is permitted only if
Ans. (a)
traditional methods of service have failed after
Explanation: multiple attempts
Section 360 of the Bharatiya Nagarik Suraksha (c) Notices must be served strictly in accordance with
Sanhita, 2023 adds a new feature which was missing the modes prescribed under Chapter V of CrPC/
in Section 321 of CrPC. This feature is that victim BNSS, and WhatsApp service is not a valid substitute
should be given an opportunity to be haerd in case (d) Police officers can choose between physical
of withdrawal of prosecution. service and electronic service based on their
Hence, option (a) is the correct answer. discretion and the urgency of the matter

[20]
dri shti j ud i c i ar y.c o m CA Quiz (JANUARY 2025) CONSOLIDATION

Ans. (c) (c) The word "person" in Article 21 only applies to


Explanation: This question tests understanding of living persons
several important legal principles: (d) The word "person" in Article 21 only applies to
z The Supreme Court in Satender Kumar Antil unclaimed dead bodies
explicitly upheld the Delhi High Court's ruling that Ans. (b)
notice service must follow prescribed legal Explanation:
procedures.
According to the Supreme Court's ruling in Parmanand
z The Delhi High Court in Rakesh Kumar specifically
Katara v. Union of India, the word "person" in Article
rejected WhatsApp and other electronic modes 21 includes a dead person, but in a limited sense. This
as valid alternatives to traditional service
means:
methods.
z The right extends to treating the dead body with
Hence, option (c) is the correct answer.
respect
98. Which of the following statements about Article 21's z The dignity must be consistent with the person's
application to deceased persons is incorrect? traditions, culture, and religion
(a) It protects against unauthorized organ trading z The protection is not absolute and allows for
(b) It ensures dignified disposal according to religious legitimate exceptions (like post-mortems)
customs z The state must ensure proper preservation and
(c) It provides absolute protection against all forms disposal of the body This interpretation
of post-mortem examination balances the need to protect the dignity of the
(d) It extends protection during emergency situations deceased while allowing necessary medical,
like pandemics legal, and scientific procedures when required
Ans. (c) by law
Hence, option (b) is the correct answer.
Explanation:
Article 21's protection of deceased persons is not 100. Which provision of Bharatiya Nagarik Suraksha
absolute when it comes to post-mortem examinations. Sanhita, 2023 lays down the victim compensation
As established in the Parmanand Katara v. Union of scheme?
India (1995), post-mortem examinations are (a) Section 357
permitted for: (b) Section 396
z Establishing crimes (c) Section 357A
z Ascertaining cause of death (d) Section 366
z Scientific investigation
Ans. (b)
z Medical education
Explanation:
z Saving another person's life These exceptions are
Section 396 of Bharatiya Nagarik Suraksha Sanhita,
allowed when conducted in accordance with the
2023 lays down the victim compensation scheme.
law, while still maintaining basic dignity of the
deceased. Hence, option (b) is the correct answer.
Hence, option (c) is the correct answer. 101. According to Rule 18, Order IV of Supreme Court
Rules 2013, what must an Advocate-on-Record do
99. Rights of deceased persons under Article 21, which
upon being designated as a Senior Advocate?
of the following is a correct interpretation by the
Supreme Court? (a) Only inform the Supreme Court Registry
(a) The word "person" in Article 21 includes a dead (b) Only inform their clients about the designation
person in an unlimited sense (c) Wait for the Court to issue notices to their clients
(b) The word "person" in Article 21 includes a dead (d) Inform clients and submit a report to Registry
person in a limited sense confirming alternate arrangements

[21]
CA Quiz (JANUARY 2025) CONSOLIDATION drishtijudic ia ry. c om

Ans. (d) (a) Nandlal Wasudev Badwaik v. Lata Nandlal


Explanation: Badwaik (2014)
The Rule 18 mandates two specific obligations: (b) Aparna Ajinkya Firodia v. Ajinkya Arun Firodia
(2023)
First, the advocate must inform their clients about
their designation as Senior Advocate, and second, (c) Both (a) and (b)
they must report to the Registry confirming that (d) None of the above
parties have been informed, and alternate Ans. (c)
arrangements have been made for representation. Explanation:
Hence, option (d) is the correct answer. Nandlal Wasudev Badwaik v. Lata Nandlal Badwaik
102. What did the Supreme Court establish in Papanna v. (2014) and Aparna Ajinkya Firodia v. Ajinkya Arun
State of Karnataka regarding an advocate's duty upon Firodia (2023) are both landmark judgments on DNA
designation as Senior Advocate? testing and presumption of legitimacy.
(a) The Court must notify all clients about the change Hence, option (c) is the correct answer.
(b) The Registry must issue alternative arrangement 105. Under Section 281B of the Income Tax Act,1961 a
notices provisional attachment order issued by the Assessing
(c) It is the professional duty of the advocate to Officer is valid for:
inform clients and request alternate arrangements (a) 3 months, extendable up to 1 year
(d) Advocates can continue representing clients (b) 6 months, extendable up to 2 years or 60 days
without any changes after assessment
Ans. (c) (c) 1 year, extendable up to 3 years
Explanation: (d) 2 years, not extendable further
The Supreme Court in Papanna v. State of Karnataka Ans. (b)
(2023) established that it is the professional duty of Explanation:
a Senior Advocate to inform their clients about their The provisional attachment under Section 281B of
designation and request them to make alternate the Income Tax Act,1961 has specific time limitations:
arrangements. This duty existed even before the 2013
z Initial validity period is 6 months from the date
Rules came into force.
of the order.
Hence, option (c) is the correct answer.
z This period can be extended by the appropriate
103. Which provision of Indian Evidence Act, 1872 authority (Principal Chief Commissioner/Chief
provides for presumption of paternity? Commissioner/Principal Commissioner/
(a) Section 111 Commissioner/Principal Director General/
(b) Section 112 Director General/Principal Director/Director).
(c) Section 106 z Extension requires reasons to be recorded in

(d) Section 105 writing


z The total period of extension cannot exceed:
Ans. (b)
‹ Two years, OR
Explanation: ‹ Sixty days after the date of assessment/
Section 112 of Indian Evidence Act, 1872 provides for reassessment order
presumption of paternity. ‹ Whichever of these two is later. This time
Hence, option (b) is the correct answer. limitation ensures a balance between
104. Which is the landmark judgment on DNA testing and protecting revenue interests and preventing
presumption of legitimacy under Section 112 of indefinite attachment of assessee's property.
Indian Evidence Act, 1872? Hence, option (b) is the correct answer.

[22]
dri shti j ud i c i ar y.c o m CA Quiz (JANUARY 2025) CONSOLIDATION

106. Which pzrovision of Civil Procedure Code, 1908 109. Which ministries did the Supreme Court direct to
should be employed to bring on record a transferee jointly constitute an Expert Committee for domestic
pendente lite? workers' rights?
(a) Order I Rule 10 (a) Ministry of Home Affairs and Ministry of External
(b) Order XXII Rule 10 Affairs
(c) Both (a) and (b) (b) Ministry of Labour and Employment, Ministry of
(d) None of the above Social Justice and Empowerment, Ministry of
Ans. (c) Women and Child Development, and Ministry of
Explanation: Law and Justice
For the purpose of impleading transferee pendente (c) Ministry of Finance and Ministry of Housing
lite the Court should consider the facts and (d) Ministry of Education and Ministry of Skill
circumstances, and Court can permit such a party to Development
come on record either under Order I Rule 10 or under
Ans. (b)
Order XXII Rule 10 of CPC.
Explanation:
Hence, option (c) is the correct answer.
The Supreme Court directed four ministries to jointly
107. Which provision of Transfer of Property Act, 1882
provides for transfer pendente lite? constitute the committee: Ministry of Labour and
Employment, Ministry of Social Justice and
(a) Section 52
Empowerment, Ministry of Women and Child
(b) Section 50
Development, and Ministry of Law and Justice. This
(c) Section 49 committee was tasked with recommending a legal
(d) None of the above framework for domestic workers' rights.
Ans. (a) Hence, option (b) is the correct answer.
Explanation: 110. Under Article 16 of the Constitution of India, who has
Section 52 of the Transfer of Property Act,1882 the exclusive power to make laws requiring residence
provides for transfer pendente lite. for state employment?
Hence, option (a) is the correct answer. (a) State Legislature
108. In the case of Ajay Mallik v. State of Uttarakhand, why (b) Parliament
did the Supreme Court quash the charges under Section
(c) State Cabinet
343 (wrongful confinement) against the appellant?
(d) President
(a) Because the complainant withdrew all charges
(b) Because the appellant was a DRDO scientist Ans. (b)
(c) Because there was no prima facie case due to Explanation:
availability of alternative exit, mobile phone Article 16(3) of Constitution of India specifically
access, and complainant's no-objection affidavits reserves the power to make laws requiring residence
(d) Because the case was time-barred qualifications for public employment to Parliament
Ans. (c) alone. This is a deliberate constitutional safeguard
Explanation: against state-wise discrimination and reflects the
larger constitutional vision of single Indian citizenship
The Supreme Court found no prima facie case under
Section 343 because the complainant had an and equality. State legislatures cannot independently
alternative exit available, possessed a mobile phone create residence-based requi rements for
for communication, had a temporary pass for DRDO employment, as this would potentially fragment the
Colony, and had filed no-objection affidavits denying national unity and equal opportunity principles
confinement. enshrined in the Constitution.
Hence, option (c) is the correct answer. Hence, option (b) is the correct option.

[23]
CA Quiz (JANUARY 2025) CONSOLIDATION drishtijudic ia ry. c om

111. According to the Supreme Court judgment in (a) Section 99


Vinobhai v. State of Kerala (2025), which of the (b) Section 100
following statements is correct regarding disclosure (c) None of the above
statements under Section 27 of Indian Evidence Act?
(d) Section 96
(a) Disclosure statements alone are sufficient for
conviction Ans. (d)
(b) Disclosure statements need not be accompanied Explanation:
by supporting evidence Section 96 of the Code of Civil Procedure, 1908 states
regarding the appeal from the original decree.
(c) Disclosure statements without supporting evidence
cannot prove guilt beyond reasonable doubt Hence, option (d) is the correct answer.
(d) Disclosure statements have no evidentiary value 114. What are the new provisions introduced in Section
223 of Bhartiya Nagarik Suraksha Sanhita, 2023?
Ans. (c)
(a) Examination of witnesses shall be done on oath
Explanation: (b) Before taking cognizance opportunity to be heard
The Supreme Court, citing Manoj Kumar Soni v. State should be given to the accused
of M.P (2023), explicitly held that while disclosure (c) Special provision has been made with regard to taking
statements are significant in solving cases, they alone of cognizance of complaint against public servant.
are insufficient to secure conviction without
(d) Both (b) and (c)
supporting evidence. The Court observed that such
statements, by themselves, cannot establish guilt Ans. (d)
beyond reasonable doubt. Explanation:
Hence, option (c) is the correct answer. Section 223 of BNSS has introduced some provisions
112. Under Section 27 of the Indian Evidence Act, 1872 for which were absent in Section 200 of CrPC. These are:
a confession made to police to be admissible in court, 1. Provided that no cognizance of an offence shall
which of the following conditions must be satisfied? be taken by the Magistrate without giving the
accused an opportunity of being heard.
(a) The confession must be made before a magistrate
2. A Magistrate shall not take cognizance on a
(b) The confession must lead to discovery of a
complaint against a public servant for any offence
previously unknown fact
alleged to have been committed in course of the
(c) The confession must be recorded in writing discharge of his official functions or duties unless-
(d) The confession must be made in presence of
a. such public servant is given an opportunity
witnesses
to make assertions as to the situation that led
Ans. (b) to the incident so alleged; and
Explanation: b. a report containing facts and circumstances
Section 27 of Indian Evidence Act, 1872 creates an of the incident from the officer superior to
exception to the general rule of inadmissibility of such public servant is received.
confessions made to police. Under this section, if a Hence, option (d) is the correct answer.
confession leads to the discovery of a fact previously 115. Which provision of Bharatiya Nagarik Suraksha
unknown to the police (like recovery of weapon or Sanhita, 2023 lays down cognizance on complaint?
evidence), then that portion of the confession which
(a) Section 220 (b) Section 223
distinctly relates to the discovered fact becomes
admissible in court. This is based on the doctrine of (c) Section 219 (d) Section 200
"confirmation by subsequent events." Ans. (b)
Hence, option (b) is the correct answer. Explanation:
113. Which of the following sections of the Code of Civil Section 223 of the Bharatiya Nagarik Suraksha Sanhita,
Procedure, 1908 deals with the appeal from the 2023 lays down cognizance to be taken on complaint.
original decree? Hence, option (b) is the correct answer.

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