Important Questions of LECC (Legal Ethics and Court Craft)

IMPORTANT MCQ’S OF LECC (LEGAL ETHICS AND COURT CRAFTS)

SET – A

Kindly Note: The correct answers are highlighted in Bold.

1. The Limitation Act, 1963 came into force on

a. 01.01.1964

b. 05.01.1963

c. 01.02.1909

d. 01.05.1909

2. What is the limitation period in a suit by a landlord to recover possession from a tenant after the date the tenancy is determined ?

a. 10 years

b. 12 years

c. 20 years

d. 30 years

3. The Limitation Act contains____________ Sections:

a. 30

b. 32

c. 42

d. 40

4. The Limitation Act contains _______ Schedule:

a. 1

b. 2

c. 3

4. 4

5. The Law of Limitation is not applicable to:

a. Civil matters

b. Revenue matters

c. Inheritance matters

d. None of the above

6. The Legal disability is provided in _____ section of the Limitation Act, 1908.

a. 5

b. 4

c. 3

d. 6

7. Special 8 of the Limitation Act deals with:

a. Extension of time

b. Legal disability

c. Special exception

d. None of the above

8. Section ____ of the Limitation Act, 1908 deals with suits against express trustees and their representatives:

a. 9

b. 10

c. 11

d. 12

9. Article ____ to ____ of the Limitation Act, 1908 deals with computation of period of limitation:

a. 12 to 25

b. 12 to 20

c. 15 to 25

d. 15 to 20

10. The time Limit for right of easement is:

a. 10 years

b. 5 years

c. 30 years

d. 20 years

11. The time limitation for filing suit for specific performance of a contract is ______ years.

a. 4 years

b. 3 years

c. 5 years

d. 2 years

12. Time limitation for filing suit for compensation of false imprisonment is______

a. 2 years

b. 3 years

c. 4 years

d. 1 years

13. Section 15 of the Limitation Act, 1963 applies to

a) Execution proceedings only

b) Suits only

c) Appeals only

d) Both (a) and (b)

14. The expression ‘time requisite’ used in section 12(2) of the Limitation Act, 1963 means

a) Maximum time

b) Actual time taken

c) Minimum time taken

d) None of the above

15. On the last day of the period of limitation prescribed for the institution of a suit, A applies for leave to sue as a pauper. The application is heard a fortnight later. It transpires at the hearing of the application that A was possessed of sufficient means to enable him to pay the Court-fees. Before an order is made under this rule rejecting the application, A pays the necessary Court- fees, and the application is thereupon converted into a plaint.

A. The application not having been made in good faith, the suit will be deemed to have been instituted on the day on which the Court-fees were paid, and not on the day on which the application was filed

B. The Court-fees having been paid after the expiration of the period of limitation, the suit is time-barred

C. both (A) and (B)

D. None of these

16. Which of the following is true of Section 14, Limitation Act, 1963?

A. Endorsement on the plaint to the effect that the suit was bona fide prosecuted in a court having no jurisdiction is sufficient explanation under this section

B. It provides for the extension of limitation

C. The principle of the section is that limitation will remain in suspense while the plaintiff is bona fide litigating for his right in Court of justice

D. All of these

17. Section 14, Limitation Act, 1963 contains a general principle based on which of the following?

A. Justice

B. Equity

C. Good conscience

D. All of these

18. Which of the following conditions has to be satisfied for the application of Section 14, Limitation Act, 1963?

I. Both the prior and subsequent proceeding are civil proceedings prosecuted by the same party

II. The prior proceedings had been prosecuted with due diligence and in good faith

III. The failure of the prior proceedings was due to defect of jurisdiction or cause of the nature

IV. The earlier proceedings and later proceeding must relate to the same matter in issue

V. Both the proceedings are in Court

A. I, III, V

B. II, IV, V

C. I, V

D. All of these

19. The proceedings referred to in Section 14, Limitation Act, 1963 are proceedings dealt with under which of the following?

A. Code of Criminal Procedure

B. Code of Civil Procedure

C. either (A) or (B)

D. None of these

20. The period of limitation for setting aside a sale on execution of decree is :

a. 30 days

b. 40 days

c. 20 days

d. 120 days

SET – B

Kindly Note: The correct answers are highlighted in Bold.

1. Consider the following statements.

1. The Bar Council of India is a statutory body under the Advocates act, 1961

2. As per the Advocates Act, the Bar Council of India consists of members elected from each state bar council.

3. The Attorney General of India and the Solicitor General of India who are ex officio members.

Which of the above statements is/are correct?

a) 1 and 2 only

b) 2 and 3 only

c) 1 and 3 only

d) 1, 2 and 3

2. If a deed of transfer of immovable property whose registration is compulsory under section 17 of the Registration Act, 1908 (16 of 1908), is not registered then, it will not be admissible in evidence.

The above statement is:

a. False

b. True

c. Partly True

d. Partly False

3. According to which ______ section of the Transfer of Property Act, 1882 (4 of 1882) right, title or interest in immovable property can be transferred only by a registered instrument.

a. 52

b. 51

c. 55

d. 54

4. ___________period is prescribed under section 23 of the Registration Act, 1908 within which a document may be presented for registration before a Sub-Registrar. Time is calculated from the date of execution (signature) of the deed.

a. Two month

b. Four month

c. Six month

d. One month

5. Any person above the age of ________years and mentally sound may execute Will, but a Will caused by fraud or coercion or by importunately will not be valid and can be examined by a competent civil court. Therefore a Will must be executed voluntarily.

a. 16

b. 24

c. 30

d. 18

6. A Will can be registered after the death of the testator. The Party claiming under the Will shall have to produce the original Will along with record relating to the death of the testator, the witnesses and the document writer before the Sub- Registrar for examination about the execution of the Will. If the Sub Registrar is satisfied that the Will has been executed by that person and the person is genuine, he will register it.

The above statement is:

a. False

b. True

c. Partly True

d. Partly False

7. ______________is chargeable on registration of a Will deed. For registration of Will during the life time of the testator, State Government has notified the registration fees under section 78 of the Registration Act, 1908.

a. No stamp duty

b. Rs 5 stamp duty

c. Rs 10 stamp duty

d. Rs 2 stamp duty

8. A General Power of Attorney may be cancelled in the following two methods-

(a) General Power of Attorney automatically gets cancelled on the death of executants/first party

(b) Principal (Executant/first party) may cancel the General Power of Attorney at any time.

Pick the correct option:

a. both (a) and (b) are right

b. only a is correct

c. only b is correct

d. none of the above

9. Which section of the Registration Act provides for condonation of delay in presentation of document for registration?

a) Section 23

b) Section 22

c) Section 27

d) None of the above

10. Where the mortgage is illegal for want of registration but the mortgagee continues in possession of the mortgaged property, a valid mortgage comes in existence after the expiry of:

A. 5 years

B. 10 years

C. 12 years

D. 20 years

SET – C

Kindly Note: The correct answers are highlighted in Bold.

1. Does property get transferred by getting a General Power of Attorney from the person selling it? Can the agent become owner of property?

No. It is wrong to say that ownership is transferred by getting General Power of Attorney. Persons purchasing property must get the sale deed of that immovable property registered in his name. This principle applies to other kinds of documents of transfer of immovable property also. An agent cannot become the owner of the property.

The above stated answer is:

a. False

b. True

c. Partly True

d. Partly False

2. Present BCI (Bar Council of India) chairman:

a. Manan Kumar Mishra

b. Om Birla

c. Bipin Rawat

d. None of the above

3. Headquarters of BCI is in:

a. Mumbai

b. Kolkata

c. Goa

d. New Delhi

4. The Supreme Court derives the authority to frame it’s own rules for its practice and procedure

a. Article 124 of the Constitution of India

b. Article 145 of the Constitution of India

c. Article 141 of the Constitution of India

d. Article 124 of the Constitution of India

5. Which of the following statement is not true:

a. A senior Advocate can not file a vakalatnama or act in any court or tribunal in India

b. A senior Advocate cannot appear without an AOR in court

c. A senior Advocate cannot appear without a junior in other courts or Tribunal in India

d. A senior Advocate can accept instructions to draw pleadings or affidavit from a client

6. To be qualified as an AOR:

a. An advocate’s name should be borne on the roll of any State Bar Council for a period of not less than four years

b. An advocate’s name should be borne on the roll of any State Bar Council for a period of not less than five years

c. He should have undergone training from one year with an AOR approved by the court

d. Pass such test as may be held by the court to be qualified as an AOR

i. a, c, & d

ii. b, c,& d

iii. c & d

iv. a,b,c & d

7. which of the following statement is true:

a. An AOR must have an office in Delhi within 16 KMS from the court house

b. Must have a registered clerk

c. Paid registration fees of rupees 250/-

d. All of the above

8. Misconduct or conduct on becoming of an AOR may not include:

a. Mere name lending by an AOR without any further participation in the proceedings of the case

b. Absence of the AOR from the court without any justifiable cause when the case is taken up for the hearing

c. Failure to submit appearance slip duly signed by the AOR of actual appearances in the court

d. Ceasing to have an office within 16 kms of the court house

9. As per Order V Rule1 (5) the power which can be exercised by the registrar under Supreme Court Rules 2013 are:

a. Applications for leave to take documents out of the custody of court

b. Application for separate trials for cause of action

c. Rejection of a plaint

d. Application for particulars

10. The single judge sitting in the chamber has the power in the following matters as per Order 5 Rule 2 (1):

a. Application for discovery and inspection

b. Application for payment into court

c. Application by AOR for leave to withdraw/change/discharge of AOR

d. All of the above.

11. Any person aggrieved by the order of Registrar under Supreme Court rules may appeal against it before

a. Court

b. Single judge sitting on bench

c. Judge in chamber

d. Division Bench

12. Any person aggrieved by the order of Registrar under Supreme Court rules may appeal against it within

a. 15 days

b. 30 days

c. 60 days

d. One month

13. Every cause appeal or other proceeding arising out of a case in which death sentence has been confirmed or awarded by the High Court shall be heard by a bench consisting of

a. Not less than two judges

b. Not less than three judges

c. By a division bench

d. Full bench

14. An appellant whose appeal has been dismissed for default of appearance may present a petition praying that the appeal may be restored within

a. 30 days

b. 60 days

c. 15 days

d. One month

15. The petition of appeal with a certificate of fitness from High Court shall be presented within:

a. 30 days

b. 60 days

c. 15 days

d. One month

16. As per Order XIX the petition for appeal with a certificate of fitness from High Court shall be accompanied by a certified copy of:

a. Judgment or decree or order appealed from

b. Certificate granted by High Court

c. The order granting the said certificate

d. All of the above

17. Where certificate of fitness to appeal is refused by the High Court, a petition for SLP to appeal can be filed within —— days from the order of refusal:

a. 30 days

b. 60 days

c. 15 days

d. One month

18. In any other case a petition for SLP to appeal can be filed within —— days from the order of refusal:

a. 30 days

b. 60 days

c. 90 days

d. One month

19. Special Leave Petitions can be filed under Article:

a. 226

b. 132

c. 136

d. 32

20. Advisory jurisdiction of the Supreme Court is contained under Article:

a. 141

b. 142

c. 143

d. 134

21. The supreme Court of India was established on:

a. 26th January 1949

b. 26th January 1950

c. 26th November 1949

d. 15th August 1947

22. Supreme Court Rules Defines:

a. Advocate

b. Advocate On Record

c. Junior Advocate

d. All of the above

23. Seven lamps of advocacy is attributable to:

a. Justice Abbot Parry

b. Justice Heward

c. Justice Bhagwati

d. Justice Krishna Iyer

24. The Limitation Act and Code of Civil Procedure are to be read together because both the statues are relating to procedure and they are:

a. Pari materia

b. Modus operandi

c. Colorable legislation

d. Doctrine of Acquiescence

25. The Registration Act 1908 came into force on:

a. 18th Dec 1908

b. 1st Jan 1909

c. 31st Dec 1909

d. 16th Jan 1909

26. Which of the following does not require mandatory registration under The Registration Act 1908:

a. Lease of immovable property from year to year

b. Lease for a term exceeding one year

c. Lease reserving a yearly rent

d. Lease for a term of ten months

27. Which of the following require mandatory registration under The Registration Act 1908:

a. Any composition deed

b. Any grant of immovable property by government

c. Any instrument of partition made by a revenue officer

d. A document of partition dividing the property among coparceners

28. Which of the following does require mandatory registration under The Registration Act 1908:

a. Wills

b. Instrument of Gift of immovable property

c. Any instrument acknowledging the receipt or payment of any consideration on account of creation, declaration, assignment, limitation, or extinction of any such right, title or interest

d. All the above

29. The period for the registration of a document from date of execution u/s 23 is:

a. One month

b. One year

c. Four months

d. Eight months

30. A document can be registered beyond the prescribed period under sec 25 on account of:

a. Sufficient cause

b. Bonafide mistake

c. Urgent necessity or unavoidable accident

d. All of the above

31. Who can present a document for registration

a. Person who executes the document

b. Representative or assign of such a person

c. By the agent of such person duly authorized by power of attorney

d. All of the above

32. A registered document always operates from time of registration.

a. False

b. True

33. Non Testamentary Registered document will not take effect against any oral agreement:

a. Where the agreement is accompanied by delivery of possession and the same constitutes a valid transfer

b. Where the agreement is followed by delivery of possession and the same constitutes a valid transfer

c. All of the above

34. Which of the following statement is true

a. Registration is of the document and not the transaction

b. If this document is preserved and recorded by a government office, it is called registration

c. The object of registration is to give notice to the world that such document has been executed and exist

d. Registration requires stamp duty

I. a, b,

II. a, b, & c

III. a, b, c, & d

IV. a & c

35. The limitation Act 1963, came into force on:

a. 5th Oct 1963

b. 11th Nov 1963

c. 1st Jan 1964

d. 21st Jan 1963

36. The term period of limitation and prescribed period are defined in:

a. Sec 2(e)

b. Sec 2(i)

c. Sec 2(j)

d. Sec 2(l)

37. The parties to a suit with their mutual consent can:

a. Extend the limitation Period

b. Waive the limitation Period

c. Both (a) & (b) are correct

d. Both (a) & (b) are incorrect

38. In which of the following cases The Limitation Act 1963, has application:

a. A departmental proceeding

b. Proceeding before a quasi judicial tribunal

c. Proceeding before executive authority

d. Action against government

39. Limitation period for suits not specifically provided under the schedule is:

a. 2 years

b. 3 years

c. 10 years

d. 5 years

40. For the purpose of Sec 19 where mortgaged land is in the possession of the mortgagee:

a. Receipt of rent shall be deemed to be a payment

b. Produce of such land shall be deemed to be a payment

c. Both (a) & (b)

d. Only (a)

41. Which of the following is not an essential requisite of a valid acknowledgement:

a. It must be made before the expiration of the limitation period

b. It need not be in writing and can be oral

c. It must be signed by the person making the acknowledgement or by a person duly authorized by him

d. It must be made by the party against whom the claim is made

42. Sec 5 is applicable to:

a. Appeals

b. Applications

c. Suits

d. Application under order XXI of CPC

I. a,b

II. a, b, c,

III. a, b, c, d

IV. a, b, d

43. Which section provides for exclusion of time of proceeding bonafide in a court without jurisdiction

a. Sec 14

b. Sec 16

c. Sec 21

d. Sec 22

44. What is secured by Law of Limitation:

a. Private Justice

b. Interest of state

c. Public order

d. All of the above

45. In which case held that plea of adverse possession can be used as a sword as well as a shield

a. State of Haryana v Chandramani & others 1996 SC

b. Estate officer HUDA & Others v Gopichand 2019 SC

c. Ajay Gupta v Rajendra Singh Yadav 2016 SC

d. Rajendra Kaur Grewal v Manjit Kaur 2019 SC

44. A Senior Advocate took brief from his client and also accepted fees for the same but did not file suit for the matter and blamed his junior advocate for this negligence. Will the Senior advocate be liable for professional misconduct?

a. Yes, as per Rule 12.

b. No, he is not liable.

c. Yes, under rules 12, 15, 24.

d. No, Junior Advocate will be liable.

45. The Bar Council of India Rules are made under the following Section/s:

a. Section 49 (1) (C) of the Advocates Act, 1961.

b. Section 49 of the Advocates Act, 1961.

c. Section 7 of the Advocates Act, 1961.

d. Section 49 and Section 7 of the Advocates Act, 1961.

46. “An Advocate shall always behave in a dignified manner keeping in mind that he is the officer of the courts”. Where is it mentioned?

a. Rule 7.

b. Rule 1.

c. Preamble.

d. Not Mentioned Specifically.

47. Which Case laid Emphasis on Duty towards Courts, Rule 6 of the Bar Council of India Rules?

a. R.D. SAXENA v. BALRAM PRASAD SHARMA.

b. MATHEWS J. NEDUMPARA AND ARS. V. SHRI FALI S. NARIMAN AND ORS.

c. RAJENDRA NAGRATH v. L. VOHRA AIR 2009 MP 131.

d. P.D. GUPTA v. RAM MURTI.

48. Section 126 of the Evidence Act talks about Protected Communication between the Client and the Attorney. Which of the following Bar Council of India Rules Talks about it:

a. Rule 11.

b. Rule 17.

c. Rule 14.

d. None.

49. “No Advocate shall Stipulate for a fee contingent on the results of litigation or agree to share the proceeds thereof”. In which rule it is stated?

a. Rule 12.

b. Rule 18.

c. Rule 20.

d. Rule 30.

50. Duty towards Opponent in Section III of the Bar Council Rules of India are enshrined under:

a. Rules 34-35.

b. Rules 33-35A.

c. Rules 34-35A.

d. Rules 34-36.

51. As per Rule 39 of the Bar Council of India Rules, an advocate shall not enter in any case in which there is already a vakalatnama or memo of appearance filed by an advocate except with the Consent. In absence of consent the Advocate has to:

a. Seek Permission from the already engaged Advocate.

b. Seek permission from both the already engaged advocate and the client.

c. Seek permission from the client.

d. Seek permission from the Court.

52. The Advocates do not have a Right to lien on the files of the client has been established in which case law?

a. HARISH CHAND SINGH v. S.N. TRIPATHI.

b. PRAHLAD SARAN GUPTA v. BAR COUNCIL OF INDIA.

c. R.D. SAXENA v. BALRAM PRASAD SHARMA.

d. V.C. RANGADURAI v. D. GOPALAN.

53. “As per the Ethical standards of practice a lawyer cannot refuse a brief if he is not otherwise engaged”. Which rule and case establish this rule?

a. Rule 13, SMT. POONAM v. SUMIT TANWAR.

b. Rule 21, STATE OF ORISSA v. NALINIKANTA MUDULI.

c. Rule 11, A.S. MOHAMMED RAFI v. STATE OF T.N. AND ORS.

d. Rule 33, RAJENDRA NAGRATH v. L. VOHRA.

54. Which Rule says that Suppression of material capable of establishing the innocence of the accused shall be avoided?

a. Rule 16.

b. Rule 17.

c. Rule 23.

d. Rule 26.

55. Rule 30 of the Bar Council of India Rules says that:

a. Copy of Accounts to be given to client on demand and no charges should be asked for.

b. Copy of Accounts to be given to client on demand and charges can be asked for.

c. Copy of Accounts Shall not be given to client.

d. Copy of Accounts Shall be given if courts order so.

56. An Advocate can adjust the fee payable to him by his client against his personal liability to the Client.

a. Yes.

b. Only if it does not arise in the course of employment as a lawyer.

c. No.

d. Maybe.

57. “A” an Advocate is a Director in a “Company B”. The Company files for Bankruptcy. Can “A” Appear in the court on behalf of “Company B”?

a. Yes, as per Rule 5.

b. No, as per Rule 9.

c. Yes, as per rule 6

d. No, as per Rule 2.

58. As per Rule 32 an Advocate Shall not lend money to his client for the purpose of any action or legal proceedings in which he is engaged by such client.

a. True.

b. False.

c. May be.

d. Rule 33 says so.

59. Section 17 of the Registration Act provides for?

a. Documents which are not at all registrable.

b. Documents which are compulsorily registrable.

c. Documents of which registration is optional

d. Both (A) & (C).

60. Section 17 (2) of the Registration Act carves out an exception to

a. Section 17 (1)(a)

b. Section 17 (1)(b)

c. Section 17 (1)(d)

d. All of the above

61. The documents of which registration is optional have been dealt in which section?

a. Section 16

b. Section 17

c. Section 18

d. Section 19

62. The time for presentation of document for registration has been provided in which section?

a. Section 22

b. Section 23

c. Section 24

d. Section 25

63. Delay in presentation of a document for registration can be condoned upto

a. 2 months

b. 4 months

c. 6 months

d. 1 year

64. Registration of a document presented after the expiry of total period prescribed in Part-IV of the Act is?

a. Valid

b. Invalid

c. Voidable

d. Void

65. Where there are persons/ several persons executing a document at different times, such documents can be presented for registration within 4 months from

a. First execution only

b. Each execution

c. Last execution only

d. Any of the above

66. Will can be presented for registration within

a. 2 months of its execution

b. 4 months of its execution

c. At any time

d. 6 month of its execution

67. An unregistered document required to be registered u/s 17

a. Shall not affect any immovable property comprised therein

b. Not received as evidence of any transaction affecting such property

c. Both (a) & (b)

d. Either (a) or (b)

68. An unregistered document may be received as evidence of contract in a

a. Suit for possession

b. Suit for injunction

c. Suit for specific performance

d. All of the above

69. Section 3 of the limitation act applies to

a. Suits

b. Appeals

c. Applications

d. All of the above

70. Section 5 of the limitation act applies to

a. suits

b. execution of a decree

c. both (a) & (b)

d. none of the above

71. In matters of condonation of delay under section 5, limitation act the government has to be accorded

a. treatment similar to a private citizen and no latitude is permissible.

b. Treatment stricter than a private citizen as the government is supposed to act in a more responsible manner.

c. Treatment similar to a private citizen however certain amount of latitude is not impermissible.

d. Either a or b

72. The delay under Section 5 of the Limitation Act, 1963 can be condoned on

a. An oral application

b. A verbal application

c. A written application

d. Either a or b or c

73. Section 6 of the limitation act does not apply to

a. Minor

b. Insolvent

c. Insane

d. idiot

74. Time which has begun to run can be stopped in case of

a. minority

b. insanity

c. idiocy

d. none of the above

75. Under section 25 of the easement rights are acquired by continuous & uninterrupted user

a. 12 years

b. 20 years

c. 15 years

d. 3 years

76. Section 27 of the limitation act does not apply to cases for recovery of possession

a. Where no limitation period has been prescribed

b. Where the limitation period has been prescribed

c. Both a & b

d. Neither a nor b

77. Acknowledgement after the period of limitation

a. Is of no effect

b. Gives rise to an independent & enforceable contract

c. Both a & b

d. Neither a nor b

78. Condonation of delay under section 5 of the limitation act

a. can be claimed as a matter of right

b. is a matter of discretion of the court

c. sufficient cause for the delay has to be shown

d. both b & c

79. Which of the following in Delhi High Court rules talks about Jurisdiction of a Single Judge?

a. Chapter II Rule 1

b. Chapter II Rule 2

c. Chapter II Rule 3

d. Chapter II Rule 4

80. What powers regarding following matters may be exercised by the registrar as per Chapter II Rule 3 of the Delhi High court Rules?

a. Admission of plaints and applications and issue of summons and notices.

b. Application for attachment of property of absconding witness.

c. Application under Section 52 of the Code.

d. All of the above

81. Which rule of the Supreme Court rules states that an advocate on record should have a registered clerk

a. Order IV, rule 1

b. Order IV, rule 2

c. Order IV, rule 4

d. Order IV, rule 5

82. Which Section of the Advocate’s Act talks about the powers of the State Bar Council

a. Section 11

b. Section 10

c. Section 6

d. Section 7

83. Which section of the Advocate’s act lists the functions of the Bar council of India?

a. Section 6

b. Section 2

c. Section 5

d. Section 7

84. To visit and inspect universities in accordance with the directions given is the function of

a. Bar Council of India

b. State Bar Council

c. Both of them

d. Neither of them

85. Under which section of the Advocate’s Act the disciplinary committee shall be instituted

a. Section 9

b. Section 10

c. Section 12

d. Section 16

86. Bar Council of India has power to make rules under which section of the Advocates Act in regard to Chapter II

a. Section 8

b. Section 10

c. Section 13

d. Section 15

87. Section 6 of the Limitation Act, 1961 can be availed by:

(a) plaintiff(s)

(b) defendant(s)

(d) none of the above

88. Legal disabilities are:

(a) minority

(b) insanity

(d) all the above.

89. Section 6 of Limitation Act does not apply to:

(a) insolvent

(b) minor

(d) idiot.

90. Time which has begun to run can be stopped in case of:

(a) minority

(b) insanity

(d) none of the above.

91. Section 6 of Limitation Act does apply in cases of :

(a) Illness

(b) poverty

(d) none of the above

92. Time taken in proceedings to set aside the sale, in suit for possession by a purchaser in execution, is liable to be excluded:

(a) under section 15(4)

(b) under section 15(2)

(d) under section 15(1).

93. Section 15 (3)applies to:

(a) suits

(b) execution applications

(d) neither suits nor execution proceedings.

94. Section 15 (1) does not apply to:

(a) suits

(b) appeal

(d) none of the above.

95. Period during which proceedings stand stayed by an injunction or order is excluded:

(a)under section 14

(b) under section 15

(d) under section 16

96. Under section 25, the easement rights over the property belonging to the Government are acquired by continuous & uninterrupted user

(a) for 12 years minimum

(b) for 20 years minimum

(d) for 60 years minimum

97. Which of the following is correct:

(a) limitation bars the judicial remedy

(b) limitation extinguishes the right

(d) limitation bars the extrajudicial remedies.

98. Section 27 of Limitation Act:

(a) bars the remedy

(b) extinguishes the right

(d) neither (a) nor (b)

99. Under section 3, Limitation Act, 1963 cross suit by way of counter-claim shall be deemed to have been instituted

(a) on the same date on which as the suit is which counter claim is pleaded

(b) on the day on which the counter claim is made in the court

(d) either (a) or (b) whichever is beneficial to the plaintiff.

100. Under section 3, Limitation Act, 1963 cross suit by way of set-off shall be deemed to have been instituted

(a) on the same day as the suit in which setoff is pleaded has been filed

(b) on the day on which the set-off is pleaded

(d) either (a) or (b) whichever is beneficial to the plaintiff.

101. The provisions of section 3, Limitation Act are

(a) mandatory

(b) directory

(d) optional.

102. Under section 3, Limitation Act, 1963 the court is required to consider the question of limitation

(a) only when objection to limitation is raised by the defendant

(b) only when the defendant does not confess judgment

(d) suo motu even when the defendant has not taken any objection of limitation or has confessed judgment or has admitted this liability in the written statement.

103. Condonation of delay under Limitation Act, 1963 is dealt under which provision?

(a) Sec 4

(b) Sec 5

(d) Sec 7

104. Section 17 of the Registration Act provides for

(a) documents which are not at all registrable

(b) documents which are compulsorily registrable

(d) both (a) & (c).

105. Section 17(l)(d) of the Registration Act applies to

(a) a lease for any term exceeding one year

(b) a lease from year to year

(d) all the above.

106. The documents registration of which is optional have been dealt in

(a) section 16

(b) section 17

(d) section 19

107. Section 23 provides the time for presentation of document for registration, before the proper officer, of

(a) four months from the date of execution

(b) two months from the date of execution

(d) six months from the date of execution.

108. Delay in presentation of a document for registration can be condoned upto:

(a) two months

(b) four months

(d) one month.

109. Which section of the Registration Act provides for condonation of delay in presentation of document for registration

(a) section 23A

(b) section 24

(d) section 26.

110. Under section 25 of the Registration Act, who has the power to condone the delay in presentation of document

(a) Registrar only

(b) Sub-registrar only

(d) either Registrar or Sub-registrar

111. A document executed out of India can be registered if presented within

(a) two months of its arrival in India

(b) four months of its arrival in India

(d) six months of its arrival in India

112. The doctrine of ‘relation back’ in the Registration Act is contained in

(a) section 42

(b) section 47

(d) section 50.

113. By virtue of section 49, an unregistered authority to adopt

(a) confers power to adopt

(b) does not confer the power to adopt

(d) either (a) or (b).

114. The Indian Registration Act, 1908 came into force on

(a) 30-9-1908

(b) 31-12-1908

(d) 01-04-1909

115. By virtue of which Article the Supreme Court if India has been vested with the original jurisdiction?

(a) Art 130

(b) Art 131

(d) Art 133

116. “An Advocate shall always behave in a dignified manner keeping in mind that he is the officer of the courts”. Where is it mentioned?

a. Rule 7.

b. Rule 1.

c. Preamble.

d. Not Mentioned Specifically.

117. Section 126 of the Evidence Act talks about Protected Communication between the Client and the Attorney. Which of the following Bar Council of India Rules Talks about it:

a. Rule 11.

b. Rule 17.

c. Rule 14.

d. None.

118. Duty towards Opponent in Section III of the Bar Council Rules of India are enshrined under:

a. Rules 34-35.

b. Rules 33-35A.

c. Rules 34-35A.

d. Rules 34-36.

119. The Advocates do not have a Right to lien on the files of the client has been established in which case law?

a. HARISH CHAND SINGH v. S.N. TRIPATHI.

b. PRAHLAD SARAN GUPTA v. BAR COUNCIL OF INDIA.

c. R.D. SAXENA v. BALRAM PRASAD SHARMA.

d. V.C. RANGADURAI v. D. GOPALAN.

120. “A” an Advocate is a Director in a “Company B”. The Company files for Bankruptcy. Can “A”appear in the court on behalf of “Company B”?

a. Yes, as per Rule 5.

b. No, as per Rule 9.

c. Yes, as per rule 6

d. No, as per Rule 2.

121. Which is the body which looks into the complaints regarding professional misconduct of the advocates under Advocates Act, 1961?

a. Disciplinary Committee

b. Legal Aid Committee

c. Election Committee

d. All of the above

122. What is the term of office of members of state bar Council?

a. 5 years

b. 2 years

c. 6 years

d. No fixed term

123. Under which section of the Advocates Act, 1961 the classification of advocates into senior advocates and other advocates is made?

a. Sec 15

b. Sec 16

c. Sec 17

d. Sec 18

124. Which section of the Civil Procedure Code, 1908 empowers High Court to frame rules to regulate its procedure?

a. Sec 129

b. Sec 101

c. Sec 128

d. Sec 100

125. Which Article of the Constitution of India empowers Supreme Court to entertain Election dispute of President and Vice-President?

(a) Article 70

(b) Article 71

(d) Article 73

126. Which Article of the Constitution of India empowers Supreme Court to entertain Review Petition?

(a) Article 130

(b) Article 131

(d) Article 137

127. Under Supreme Court Rules, 2013 Review Petition can be filed within how many days from date of judgment or order?

(a) 30 days

(b) 20 days

(d) 60 days

128. Which order of the Supreme Court Rules, 2013 deals with Writ Jurisdiction

(a) ORDER XXXVIII

(b) ORDER XXVII

(d) ORDER XXXV

129. In which case the designation of Advocates as Senior Advocates was challenged?

(a) Indira Jaisingh v Supreme Court of India through Secretary General & Ors.

(b) Darshan Singh v Gurdev Singh

(d)R.K. Anand v Registrar, Delhi High Court

130. Period of limitation stands extended, by virtue of section 6 read with section 8 of Limitation Act for a maximum period of

1. 1 year

2. 3 years

3. 6 years

4. 12 years.

131. Can a plea of limitation be

1. waived by a party

2. ignored by the court

3. waived by both the parties by consent

4. none of the above.

132. Section 15 excludes from computation of limitation

1. period of notice

2. time taken in granting previous consent

3. time taken in grant of sanction

4. all the above.

133. Which of the following is not required for a valid acknowledgment

1. in writing

2. made before the expiration of period of limitation

3. signed by the person concerned

4. in the handwriting of the person concerned

134. A suit against the obstruction in the enjoyment of easementary rights acquired under section 25 must be filed

1. within 2 years of such obstruction

2. within 1 year of such obstruction

3. within 3 years of such obstruction

4. within 12 years of such obstruction

135. Which is not correct of law of limitation

1. limitation act bars the judicial remedies

2. limitation act is an adjective law

3. limitation act extinguishes the right

4. limitation act is a procedural law.

136. Law of limitation has to be strictly construed. In view of the same section 5 of Limitation Act has to be construed

1. strictly

2. liberally

3. harmoniously

4. ejusdem-generis.

137. Easementary rights under section 25 can be acquired by

1. tenant

2. a co-owner

3. both a tenant and a co-owner

4. neither a tenant nor a co-owner.

138. Which is true of acknowledgments

1. extends the period of limitation

2. confers an independent right on a person

3. confers a title on the person

4. all the above.

139. Which section of the Registration Act provides for condonation of delay in presentation of document for registration?

a) Section 23

b) Section 22

c) Section 27

d) None of the above

140. A non-testamentary document is one

(a) which is intended to take effect or be operative immediately on its execution

(b) which is final

(d) all the above

141. The words ‘purport or operate’ in section 17(l)(b), refers to

(a) the ultimate consequences of the instrument

(b) immediate intention of the instrument

(d) all the above

142. Which of the following documents has the effect of a definite change of legal relation to a property

(a) a document executed by the parties within an hour of the alleged completed oral partition which starts with the recitals of details in the past tense but concludes in the present tense and describes itself as a partition deed

(b) A document as a result of which immovable property standing in the names of the parties in certain shares, is to stand in their names but in different shares

(d) both (a) & (b)

143. The lease covered under Section 17(l)(d) is

(a) not compulsorily registrable

(b) registration of such a lease is optional

(d) either (a) or (b).

144. An authority to adopt a son is

(a) not compulsorily registrable

(b) compulsorily registrable

(d) both (a) & (c)

145. A document relating to land can be presented for registration in the office of a Sub-registrar within whose sub-district

(a) the whole of the property to which the document relates is situate

(b) some portion of the property is situated

(d) no part of the property is situated.

146. A document other than the one relating to land, can be presented for registration in the office of Sub-registrar within whose sub- district

(a) the document was executed

(b) the document was delivered to the person in whose favour the same stands executed

(d) either (a) or (b)

147. Registrar can accept the documents for registration at the residence of the person

(a) ordinarily

(b) under special circumstances only

(d) either (a) or (b)

148. A document, registered without being presented by a proper person under section 23 A

(a) can not be re-registered

(b) can be re-registered if presented by a proper person

(d) none of the above

149. The presentation of document for re- registration by the proper person should be

(a) within one year of becoming aware of the invalidity of registration

(b) within four months of becoming aware of the invalidity of registration

(d) within one month of becoming aware of the invalidity of registration

150. On re-registration, the registration shall be effective

(a) from the date of original registration

(b) from the date of presentation for re- registration

(d) from the date which the Registrar fixes.

151. The ‘rule of precedence’ amongst the various registered documents relating to the same property is contained in

(a) section 42

(b) section 46

(d) section 48

152. The object of section 47 is

(a) to decide which of the two or more registered instruments in respect of the same property is to have effect

(b) to decide which of the two-a registered document and dual agreement, in respect of the same property is to have effect

unregistered instrument – in respect of the same property is to have effect (d) all the above

153. ‘X’ executed a sale deed in favour of ‘Y’ on 1-1-2002. Subsequently on 10-1-2002, ‘X’ executed a sale deed in respect of the same property in favour of ‘Z’. Thereafter the sale deed in favour of ‘Z’ executed on 10-1-2002 was registered on 20-1-2002. Whereas the sale deed in favour of ‘Y was registered on 30-1-2002. In the said case, by virtue of section 47:

(a) the sale deed executed in favour of ‘Y’ on 1-1-2002 & registered on 30.1.2002 shall have precedence & confer title on ‘Y’

(b) the sale deed executed in favour of ‘Z’ on 10-1-2002 & registered on 20-1-2002 shall have precedence & confer title on ‘Z’

(d) the sale deeds in favour of ‘Y’ & ‘Z’ shall remain valid to the extent of 50% of the property.

154. Section 48 of the Registration Act

(a) protects oral agreement accompanied with delivery of possession against the rule of priority

(b) protects oral agreement unaccompanied with delivery of possession against the rule of priority

(d) both (a) and (b).

155. Under section 50 of the Registration Act

(a) a registered document relating to a property stands on the same footing as an unregistered document relating to the same property

(b) a registered document relating to a property takes precedence over the unregistered document relating to the same property

(d) none of the above

156. The term Advocate -on- Record is defined u/order—– of Supreme court Rules 2013

a. Order I Rule 2(1) (a)

b. Order I Rule 2(1) (b)

c. Order I Rule 2(1) (q)

d. Order i Rule 2(1) (g)

157. BCI was formed in the year:

a. 1962

b. 1961

c. 1952

d. 1950

158. Who was the first chairman of the Bar Council of India?

a. Shri M. C. Setalvad

b. Shri C.K. Daphtary

c. Shri H.D Srivastava

d. Shri R. B. Jethmalani

159. The Bar Council of India was established under Section__________ of the Advocates Act, 1961.

a. 5

b. 6

c. 4

d. 3

160. The statutory functions of Bar Council of India are stated under Section________ of the Advocate Act, 1961.

a. 7

b. 5

c. 3

d. 10

161. Disciplinary Committee of BCI hears an application for revision by persons against summary dismissal of their complaints against advocates for professional misconduct, by the state bar councils.

Above statement is:

a. True

b. False

c. Partly False

d. Partly True

Disclaimer: The information stated/used above is for educational purposes only.