Mock Test Paper 2
Mock Test Paper 2
(a) He said that the mice will play when the cat is away.
(b) He said that the mice would play when the cat was away.
(c) He said that the mice would play when the cat would be away.
(d) He said that the mice shall play, when the cat is away.
(b) He asked his servant why he had been so lazy that day.
(c) He asked his servant why he was being so lazy that day.
(b) He wished that God may grant peace to the departed soul.
(c) He prayed that might God grant peace to the departed soul.
(d) He prayed that God would grant peace to the departed soul.
7. “Are you alone, my son?” asked a soft voice close behind me.
(c) A soft voice asked that what I was doing there alone.
(a) He said that he didn’t know the way and did I know it.
(b) He told that he was not knowing the way, but wondered if I knew.
(c) He said that he didn’t know the way and asked me if I did.
12. Mary said to Robert, “Let him come, then we shall see.”
(a) Mary said to Robert that if he came, they would see him.
(b) Mary told Robert that they shall see him if he came.
(c) Mary told Robert that once he came, they would see him.
(d) Mary told Robert that they would see him if he might come.
13. He said, “I have often told you not to waste your time.”
(a) He said that he had often told not to waste your time.
(b) He said that he had often told him not to waste his time.
(c) He said that he had often suggested to him not to waste him time.
(d) He told that he has often told him not to waste his time.
24. Which of the following sections of the Code of Civil Procedure provides for
exemption from arrest?
(a) Section 88
(b) Order 35 R1
(c) Order 35 R4
(d) Section 87
(a) Section 83
(b) Section 84
(c) Section 86
(d) Section 86
2. Costs B. Section 31
(a) Order II
(b) Section 4
(c) Section 6
30. Court can issue commission for the examination on interrogatories under
CPC -
a. Order 26 Rule 3
b. Order 26 Rule 4
c. Order 26 Rule 2
a. Order 39 Rule 1
b. Order 39 Rule 2
c. Order 39 Rule 3
d. Order 39 Rule 4
32. Which of the following sections provide for the judges power to put questions
or order production of documents?
a. Section 164
b. Section 165
c. Section 155
d. Section 159
33. Evidence may be given of relevant facts and fact in issue. This is provided under –
a. Section 3
b. Section 4
c. Section 5
d. Section 6
34. Which section of Indian Evidence Act provides for proof of other official
documents?
a. Section 77
b. Section 78
c. Section 76
d. Section 79
35. Which section of Indian Evidence Act provides for admission of execution by
party to attested document?
a. Section 70
b. Section 72
c. Section 73
d. Section 65
36. Which section of Indian Evidence Act provides for presumption as to certain
offences?
a. Section 111A
b. Section 113
c. Section 114
d. Section 111
37. Which section of Indian Evidence Act provides for estoppels of tenant, licensee
and bailee?
a. Section 116
b. Section 117
c. Section 115
d. Both (a) and (b)
38. Which section of Indian Evidence Act provides for admissions by party to
proceeding?
a. Section 17
b. Section 19
c. Section 20
d. Section 18
39. Under which section of Indian Evidence Act, fraud or collusion in obtaining
judgment or incompetency of court may be proved?
a. Section 41
b. Section 42
c. Section 43
d. Section 44
43. No wife shall be entitled to receive maintenance from her husband under
section 125 Cr.PC if:
a. She has obtained divorce from her husband and has not remarried
b. She is unable to maintain herself
c. She refused to live with her husband on the ground that he keeps a
mistress
d. She is living in adultery
54. If a High Court in India does not give the certificate to a case that it
involves a substantial question of law, the Supreme Court:
(a) can never hear the case
(b) does not enter into the picture
(c) may hear the case if it is satisfied that the case involves a
substantial question of law as to the interpretation of the
Constitution
(d) may hear the case if the President calls upon it to do so
55. Consider the following statements:
1. The mode of removal of a Judge of a High Court in India is same as
that of removal of a Judge of the Supreme Court.
2. After retirement from the office, a permanent Judge of a High Court
cannot plead or act in any court or before any authority in India.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
(a) This is a transaction in the ordinary course of business, and the contract is
not induced by undue influence.
(b) The contract is induced by undue influence under section 16 of the Indian
Contract Act
(c) The contract is induced by undue influence under section 17 of the Indian
Contract Act
(d) The contract is not induced by undue influence under section 18 of the
Indian Contract Act
61. Which section provides for voidability of agreements without free consent?
(a) Section 22
(a) Section 19
(a)Section 21
(a)Section 17
62. Which of the following is true?
(a) A, intending to deceive B, falsely represents that five hundred maunds of
indigo are made
annually at A's factory, and thereby induces B to buy the factory. The contract is
voidable at the option of B.
(b) A, by a misrepresentation, leads B erroneously to believe that five hundred
maunds of indigo are made annually at A's factory. B examines the accounts of
the factory, which show that only four hundred maunds of indigo have been
made. After this, B buys the factory. The contract is voidable on account of A's
misrepresentation.
(c) Both (a) and (b)
(d) Neither (a) nor (b)
63. Section 19A provides for power to set aside contract induced by
__________.
(a)Misrepresentation
(b) Fraud
(c)Undue Influence
(d) Coercion
66. Under Specific Relief Act, 1963, Substituted performance of the contract -
(b) provides for an option to a party affected by the breach of contract to avail
substituted performance through a third party or by it’s own agency
(c) ensures service of notice of not less than 30 days to the party in breach
69. The doctrine of election as stated by Maitland is “He who accepts a benefit
under a deed or will or other instrument, must –
70. As per section 147 of the Negotiable Instruments Act, 1881, every offence
punishable under the Act are –
(a) Compoundable
(b) Non-compoundable
(c) Cognizable
(d) Both (b) and (c) above
71. Under Limitation Act, period during which proceedings stand stayed by an
injunction or order is excluded
(a) under section 14
(b) under section 15
(c) under section 13
(d) under section 16.
72. Under Limitation Act, 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)
(c) under section 15(3)
(d) under section 15(1)
73. Under Limitation Act, Section 16 applies to
(a) suits to enforce rights of pre-emption
(b) suits for possession of immovable property
(c) suits to enforce right to a hereditary office
(d) none of the above.
74. In the process of interpretation, non-statutory aids are illustrated by:
75. Under the Rajasthan Rent Control Act, limited period tenancy is provided in
a. Section 5
b. Section 8
c. Section 13
d. Section 17
b. The open shelters referred shall function as a community based facility for
children in need of residential support, on short-term basis, with the objective of
protecting them from abuse or weaning them, or keeping them, away from a life
on the streets.
c. The open shelters shall send every month information, in the manner as may
be prescribed, regarding children availing the services of the shelter, to the
District Child Protection Unit and the Committee.
a. The children in need of care and protection may be placed in foster care,
including group foster care for their care and protection through orders of the
Committee, after following the procedure as may be prescribed in this regard, in
a family which does not include the child’s biological or adoptive parents or in
an unrelated family recognised as suitable for the purpose by the State
Government, for a short or extended period of time
b. The selection of the foster family shall be based on family’s ability, intent,
capacity and prior experience of taking care of children
c. All efforts shall be made to keep siblings together in foster families, unless it
is in their best interest not to be kept together
78. Who among the following Courts will have jurisdiction to pass orders under
the Protection of Women from Domestic Violence Act, 2005?
d. Both a and b
79. Which of the following places will have jurisdiction to try offences and
pass orders under the Protection of Women from Domestic Violence Act, 2005?
a. the place where the person aggrieved permanently or temporarily resides or
carries on business or is employed
80. Under section 12 of the Probation of Offenders Act, a person found guilty of
an offence and dealt with under the provisions of— shall not suffer
disqualification, if any, attaching to a conviction of an offence under such law
a. Section 3
b. Section 4
c. Both a and b
d. Neither a nor b
81. Under Section 12 of the Probation of Offenders Act, nothing shall apply to a
person who -
a. after his release under section 4 is subsequently sentenced for the original
offence.
c. after his release under section 5 is subsequently sentenced for the original
offence
d. after his release under section 6 is subsequently sentenced for the original
offence
82. Who has the power to search and seizure under the Indecent Representation
of Women (Prohibition) Act, 1986 Act?
(a) any Gazetted Officer authorised by the State Government
(a) any Gazetted Officer authorised by the Central Government
(a) any Gazetted Officer
(a) State Government
83. Under Section 2(e) of the Sexual Harassment of women at workplace
(Prevention, Prohibition and Redressal) Act, 2013, “domestic worker” means -
(a) a woman who is employed to do the household work in any household for
remuneration whether in cash or kind, either directly or through any agency on a
temporary, permanent, part time or full time basis
(b) include any member of the family of the employer
(c) Both (a) and (b)
(d) Neither (a) nor (b)
84. Which section of the Protection of Children from Sexual Offences Act, 2012
provides for Procedure and powers of Special Court?
(a) Section 33
(b)Section 35
(c) Section 20
(d) Section 29
85. Which section of the Protection of Children from Sexual Offences Act,2012
provides for Procedure in case of commission of offence by child and
determination of age by Special Court?
(a) Section 33
(b)Section 34
(c) Section 20
(d) Section 29
1. (c)
2. (a)
3. (a)
4. (b)
5. (c)
6. (d)
7. (d)
8. (c)
9. (a)
10. (c)
11. (c)
12. (d)
13. (b)
14. (c)
15. (d)
Section 177. Furnishing false information. Whoever, being legally bound to furnish information on
any subject to any public servant, as such, furnishes, as true, information on the subject which he
knows or has reason to believe to be false, shall be punished with simple imprisonment for a term
which may extend to six months, or with fine which may extend to one thousand rupees, or with
both; or, if the information which he is legally bound to give respects the commission of an offence,
or is required for the purpose of preventing the commission of an offence, or in order to the
apprehension of an offender, with imprisonment of either description for a term which may extend
to two years, or with fine, or with both.
Illustrations- (a) A, a landholder, knowing of the commission of a murder within the limits of his
estate, wilfully misinforms the Magistrate of the district that the death has occurred by accident in
consequence of the bite of a snake. A is guilty of the offence defined in this section.
(b) A, a village watchman, knowing that a considerable body of strangers has passed through his
village in order to commit a dacoity in the house of Z, a wealthy merchant residing in a neighbouring
place, and being bound under clause, 5, section VII, Regulation III, 1821, of the Bengal Code, to give
early and punctual information of the above fact to the officer of the nearest police station, wilfully
misinforms the police officer that a body of suspicious characters passed through the village with a
view to commit dacoity in a certain distant place in a different direction. Here A is guilty of the
offence defined in the later part of this section
Section 191. Giving false evidence. Whoever, being legally bound by an oath or by an express
provision of law to state the truth, or being bound by law to make a declaration upon any subject,
makes any statement which is false, and which he either knows or believes to be false or does not
believe to be true, is said to give false evidence. Explanation 1- A statement is within the meaning of
this section, whether it is made verbally or otherwise. Explanation 2- A false statement as to the
belief of the person attesting is within the meaning of this section, and a person may be guilty of
giving false evidence by stating that he believes a thing which he does not believe, as well as by
stating that he knows a thing which he does not know.
Section 192. Fabricating false evidence. Whoever causes any circumstance to exist or makes any
false entry in any book or record, or makes any document containing a false statement, intending
that such circumstance, false entry or false statement may appear in evidence in a judicial
proceeding, or in a proceeding taken by law before a public servant as such, or before an arbitrator,
and that such circumstance, false entry or false statement, so appearing in evidence, may cause any
person who in such proceeding is to form an opinion upon the evidence, to entertain an erroneous
opinion touching any point material to the result of such proceeding, is said "to fabricate false
evidence". Illustrations- (a) A, puts jewels into a box belonging to Z, with the intention that they may
be found in that box, and that this circumstance may cause Z to be convicted of theft. A has
fabricated false evidence. (b) A makes a false entry in his shop-book for the purpose of using it as
corroborative evidence in a Court of Justice. A has fabricated false evidence. (c) A, with the intention
of causing Z to be convicted of a criminal conspiracy, writes a letter in imitation of Z’s handwriting,
purporting to be addressed to an accomplice in such criminal conspiracy, and puts the letter in a
place which he knows that the officers of the Police are likely to search. A has fabricated false
evidence
Section 201. Causing disappearance of evidence of offence, or giving false information to screen
offender. Whoever, knowing or having reason to believe that an offence has been committed,
causes any evidence of the commission of that offence to disappear, with the intention of screening
the offender from legal punishment, or with that intention gives any information respecting the
offence which he knows or believes to be false; If a capital offence- shall, if the offence which he
knows or believes to have been committed is punishable with death, be punished with
imprisonment of either description for a term which may extend to seven years, and shall also be
liable to fine; If punishable with imprisonment for life- and if the offence is punishable with
imprisonment for life, or with imprisonment which may extend to ten years, shall be punished with
imprisonment of either description for a term which may extend to three years, and shall also be
liable to fine; If punishable with less than ten years’ imprisonment- and if the offence is punishable
with imprisonment for any term not extending to ten years, shall be punished with imprisonment of
the description provided for the offence, for a term which may extend to one-fourth part of the
longest term of the imprisonment provided for the offence, or with fine, or with both.
Section 203. Giving false information respecting an offence committed. Whoever knowing or having
reason to believe that an offence has been committed, gives any information respecting that offence
which he knows or believes to be false, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both. ExplanationIn sections 201 and
202 and in this section the word "offence", includes any act committed at any place out of India,
which, if committed in India, would be punishable under any of the following sections, namely, 302,
304, 382, 392, 393, 394, 395, 396, 397, 398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460
Section 204. Destruction of document to prevent its production as evidence. Whoever secretes or
destroys any document or electronic record which he may be lawfully compelled to produce as
evidence in a Court of Justice, or in any proceeding lawfully held before a public servant, as such, or
obligates or renders illegible the whole or any part of such document or electronic record with the
intention of prevention the same from being produced or used as evidence before such Court or
public servant as aforesaid, or after he shall have been lawfully summoned or required to produce
the same for that purpose, shall be punished with imprisonment of either description for a term
which may extend to two years, or with fine, or with both.
Section 208. Fraudulently suffering decree for sum not due. Whoever fraudulently causes or suffers a
decree or order to be passed against him at the suit of any person for a sum not due or for a larger
sum that is due to such person or for any property or interest in property to which such person is not
entitled, or fraudulently causes or suffers a decree or order to be executed against him after it has
been satisfied, or for anything in respect of which it has been satisfied, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine, or with
both.
Section 212. Harbouring offender. Whenever an offence has been committed, whoever harbours or
conceals a person whom he knows or has reason to believe to be the offender, with the intention of
screening him from legal punishment; if a capital offence- shall, if the offence is punishable with
death, be punished with imprisonment of either description for a term which may extend to five
years, and shall also be liable to fine; if punishable with imprisonment for life, or with imprisonment-
and if the offence is punishable with imprisonment for life, or with imprisonment which may extend
to ten years, shall be punished with imprisonment of either description for a term which may extend
to three years, and shall also be liable to fine; and if the offence is punishable with imprisonment
which may extend to one year, and not to ten years, shall be punished with imprisonment of the
description provided for the offence for a term which may extend to one-fourth part of the longest
term of imprisonment provided for the offence, or with fine, or with both. "Offence" in this section
includes any act committed at any place out of India, which, if committed in India, would be
punishable under any of the following sections, namely, 302, 304, 382, 392, 393, 394, 395, 396, 397,
398, 399, 402, 435, 436, 449, 450, 457, 458, 459 and 460; and every such act shall, for the purposes
of this section, be deemed to be punishable as if the accused person had been guilty of it in India.
ExceptionThis provision shall not extend to any case in which the harbour or concealment is by the
husband or wife of the offender.
Section 135. Exemption from arrest under civil process.—(1) No Judge, Magistrate or other judicial
officer shall be liable to arrest under civil process while going to, presiding in, or returning from, his
Court. (2) Where any matter is pending before a tribunal having jurisdiction therein, or believing in
good faith that it has such jurisdiction, the parties thereto, their pleaders, mukhtars, revenue-agents
and recognized agents, and their witnesses acting in obedience to a summons, shall be exempt from
arrest under civil process other than process issued by such tribunal for contempt of Court while
going to or attending such tribunal for the purpose of such matter, and while returning from such
tribunal. (3) Nothing in sub-section (2) shall enable a judgment-debtor to claim exemption from
arrest under an order for immediate execution or where such judgment-debtor attends to show
cause why he should not be committed to prison in execution of a decree.
ORDER XXXV Interpleader 1. Plaint in interpleader-suit.—In every suit of interpleader the plaint shall,
in addition to the other statements necessary for plaints, state— (a) that the plaintiff claims no
interest in the subject-matter in dispute other than for charges or costs; (b) the claims made by the
defendants severally; and (c) that there is no collusion between the plaintiff and any of the
defendants.
Section 147. Consent or agreement by persons under disability.—In all suits to which any person
under disability is a party, any consent or agreement, as to any proceeding shall, if given or made
with the express leave of the Court by the next friend or guardian for the suit, have the same force
and effect as if such person, were under no disability and had given such consent or made such
agreement.
Section 24. General power of transfer and withdrawal.—(1) On the application of any of the parties
and after notice to the parties and after hearing such of them as desired to be heard, or of its own
motion without such notice, the High Court or the District Court may at any stage— (a) transfer any
suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it
and competent to try or dispose of the same, or (b) withdraw any suit, appeal or other proceeding
pending in any Court subordinate to it, and— (i) try or dispose of the same; or (ii) transfer the same
for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn. (2) Where any
suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which 1 [is
thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the
case of an order of transfer, either retry it or proceed from the point at which it was transferred or
withdrawn. 2 [(3) For the purposes of this section,— (a) Courts of Additional and Assistant Judges
shall be deemed to be subordinate to the District Court; (b) “proceeding” includes a proceeding for
the execution of a decree or order.] (4) The Court trying any suit transferred or withdrawn under this
section from a Court of Small Causes shall, for the purposes of such suit, be deemed to be a Court of
Small Causes. 3 [(5) A suit or proceeding may be transferred under this section from a Court which
has no jurisdiction to try it.]
Section 31. Summons to witness.—The provisions in sections 27, 28 and 29 shall apply to
summonses to give evidence or to produce documents or other material objects.
Section 35. Costs.—(1) Subject to such conditions and limitations as may be prescribed, and to the
provisions of any law for the time being in force, the costs of and incident to all suits shall be in the
discretion of the Court, and the Court shall have full power to determine by whom or out of what
property and to what extent such costs are to be paid, and to give all necessary directions for the
purposes aforesaid. The fact that the Court has no jurisdiction to try the suit shall be no bar to the
exercise of such powers. (2) Where the Court directs that any costs shall not follow the event, the
Court shall state its reasons in writing.
Section 45. Execution of decrees outside India.—So much of the foregoing sections of this Part as
empowers a Court to send a decree for execution to another Court shall be construed as
empowering a Court in any State to send a decree for execution to any Court established 7 *** by
the authority of the Central Government 8 [outside India] to which the State Government has by
notification in the Official Gazette declared this section to apply.
ORDER III Recognized Agents and Pleaders 1. Appearances, etc., may be in person, by recognized
agent or by pleader.—Any appearance, application or act in or to any Court, required or authorized
by law to be made or done by a party in such Court, may, except where otherwise expressly
provided by any law for the time being in force, be made or done by the party in person, or by his
recognized agent, or by a pleader 1 [appearing, applying or acting, as the case may be,] on his
behalf : Provided that any such appearance shall, if the Court so directs, be made by the party in
person. 2. Recognized agents.—The recognized agents of parties by whom such appearances,
applications and acts may be made or done are— (a) persons holding powers-of-attorney,
authorizing them to make and do such appearances, applications and acts on behalf of such parties;
(b) persons carrying on trade or business for and in the names of parties not resident within the local
limits of the jurisdiction of the Court within which limits the appearance, application or act is made
or done, in matters connected with such trade or business only, where no other agent is expressly
authorized to make and do such appearances, applications and acts. 3. Service of process on
recognized agent.—(1) Processes served on the recognized agent of a party shall be as effectual as if
the same had been served on the party in person, unless the Court otherwise directs. (2) The
provisions for the service of process on a party to a suit shall apply to the service of process on his
recognized agent. 2 [4. Appointment of pleader.—(1) No pleader shall act for any person in any
Court, unless he has been appointed for the purpose by such person by a document in writing signed
by such person or by his recognized agent or by some other person duly authorised by or under a
power-of-attorney to make such appointment. (2) Every such appointment shall be 3 [filed in Court
and shall, for the purposes of sub-rule (1), be] deemed to be in force until determined with the leave
of the Court by a writing signed by the client or the pleader, as the case may be, and filed in Court, or
until the client or the pleader dies, or until all proceedings in the suit are ended so far as regards the
client. 4 [Explanation. —For the purposes of this sub-rule, the following shall be deemed to be
proceedings in the suit,— (a) an application for the review of decree or order in the suit, (b) an
application under section 144 or under section 152 of this Code, in relation to any decree or order
made in the suit, (c) an appeal from any decree or order in the suit, and (d) any application or act for
the purpose of obtaining copies of documents or return of documents produced or filed in the suit
or of obtaining refund of moneys paid into the Court in connection with the suit.] 5 [(3) Nothing in
sub-rule (2) shall be construed— (a) as extending, as between the pleader and his client, the
duration for which the pleader is engaged, or (b) as authorising service on the pleader of any notice
or document issued by any Court other than the Court for which the pleader was engaged, except
where such service was expressly agreed to by the client in the document referred to in sub-rule (1).]
(4) The High Court may, by general order, direct that, where the person by whom a pleader is
appointed is unable to write his name, his mark upon the document appointing the pleader shall be
attested by such person and in such manner as may be specified by the order. (5) No pleader who
has been engaged for the purpose of pleading only shall plead on behalf of any party, unless he has
filed in court a memorandum of appearance signed by himself and stating— (a) the names of the
parties to the suit, (b) the name of the party for whom he appears, and (c) the name of the person
by whom he is authorised to appear: Provided that nothing in this sub-rule shall apply to any pleader
engaged to plead on behalf of any party by any other pleader who has been duly appointed to act in
Court on behalf of such party.] 5. Service of process on pleader.—1 [Any process served on the
pleader who has been duly appointed to act in Court for any party] or left at the office or ordinary
residence of such pleader, and whether the same is for the personal appearance of the party or not,
shall be presumed to be duly communicated and made known to the party whom the pleader
represents, and, unless the Court otherwise directs, shall be as effectual for all purposes as if the
same had been given to or served on the party in person. 6. Agent to accept service.—(1) Besides
the recognized agents described in rule 2 any person residing within the jurisdiction of the Court
may be appointed an agent to accept service of process. (2) Appointment to be in writing and to be
filed in Court.—Such appointment may be special or general and shall be made by an instrument in
writing signed by the principal, and such instrument or, if the appointment is general, a certified
copy thereof shall be filed in Court. 2 [(3) The Court may, at any stage of the suit, order any party to
the suit not having a recognised agent residing within the jurisdiction of the Court, or a pleader who
has been duly appointed to act in the Court on his behalf, to appoint, within a specified time, an
agent residing within the jurisdiction of the Court to accept service of the process on his behalf.]
ORDER XXVI Commissions - Commissions to examine witnesses 1. Cases in which Court may issue
commission to examine witness.—Any Court may in any suit issue a commission for the examination
on interrogatories or otherwise of any person resident within the local limits of its jurisdiction who is
exempted under this Code from attending the Court or who is from sickness or infirmity unable to
attend it : 1 [Provided that a commission for examination on interrogatories shall not be issued
unless the Court, for reasons to be recorded, thinks it necessary so to do. Explanation.—The Court
may, for the purpose of this rule, accept a certificate purporting to be signed by a registered medical
practitioner as evidence of the sickness or infirmity of any person, without calling the medical
practitioner as a witness.
Rule 4. Order for injunction may be discharged, varied or set aside.—Any order for an injunction may
be discharged, or varied, or set aside by the Court, on application made thereto by any party
dissatisfied with such order: 1 [Provided that if in an application for temporary injunction or in any
affidavit supporting such application, a party has knowingly made a false or misleading statement in
relation to a material particular and the injunction was granted without giving notice to the opposite
party, the Court shall vacate the injunction unless, for reasons to be recorded, it considers that it is
not necessary so to do in the interests of justice: Provided further that where an order for injunction
has been passed after giving to a party an opportunity of being heard, the order shall not be
discharged, varied or set aside on the application of that party except where such discharge,
variation or setting aside has been necessitated by a change in the circumstances, or unless the
Court is satisfied that the order has caused undue hardship to that party.]
Section 165. Judge’s power to put questions or order production. –– The Judge may, in order to
discover or to obtain proper proof of relevant facts, ask any question he pleases, in any form, at any
time, of any witness, or of the parties about any fact relevant or irrelevant; and may order the
production of any document or thing; and neither the parties nor their agents shall be entitled to
make any objection to any such question or order, nor, without the leave of the Court, to cross-
examine any witness upon any answer given in reply to any such question: Provided that the
judgment must be based upon facts declared by this Act to be relevant, and duly proved: Provided
also that this section shall not authorize any Judge to compel any witness to answer any question or
to produce any document which such witness would be entitled to refuse to answer or produce
under sections 121 to 131, both inclusive, if the question were asked or the document were called
for by the adverse party; nor shall the Judge ask any question which it would be improper for any
other person to ask under section 148 or 149; nor shall he dispense with primary evidence of any
document, except in the cases hereinbefore excepted
5. Evidence may be given of facts in issue and relevant facts. –– Evidence may be given in any suit or
proceeding of the existence of non-existence of every fact in issue and of such other facts as are
hereinafter declared to be relevant, and of no others. Explanation. –– This section shall not enable
any person to give evidence of a fact which he is disentitled to prove by any provision of the law for
the time being in force relating to Civil Procedure
78. Proof of other official documents.–– The following public documents may be proved as
follows:–– (1) Acts, orders or notifications of [the Central Government] in any of its departments,
[or of the Crown Representative] or of any State Government or any department of any State
Government, –– by the records of the departments, certified by the head of those departments
respectively, or by any document purporting to be printed by order of any such Government [or, as
the case may be, of the Crown Representative]; (2) the proceedings of the Legislatures,–– by the
journals of those bodies respectively, or by published Acts or abstracts, or by copies purporting to be
printed [by order of the Government concerned]; (3) proclamations, orders or regulations issued by
[Her Majesty] or by the Privy Council, or by any department of [Her Majesty’s Government,–– by
copies or extracts contained in the London Gazette, or purporting to be printed by the Queen’s
Printer; (4) the Acts of the Executive or the proceedings of the Legislature of a foreign country, –– by
journals published by their authority, or commonly received in that country as such, or by a copy
certified under the seal of the country or sovereign, or by a recognition thereof in some [Central
Act]: (5) the proceedings of a municipal body in [a State], –– by a copy of such proceedings, certified
by the legal keeper thereof, or by a printed book purporting to be published by the authority of such
body; (6) public documents of any other class in a foreign country, –– by the original, or by a copy
certified by the legal keeper thereof, with a certificate under the seal of a Notary Public, or of [an
Indian Consul] or diplomatic agent, that the copy is duly certified by the officer having the legal
custody of the original, and upon proof of the character of the document according to the law of the
foreign country.
111A. Presumption as to certain offences. –– (1) Where a person is accused of having committed any
offence specified in sub-section (2), in ––
(a) any area declared to be a disturbed area under any enactment, for the time being in force,
making provision for the suppression of disorder and restoration and maintenance of public order;
or (b) any area in which there has been, over a period of more than one month, extensive
disturbance of the public peace, and it is shown that such person had been at a place in such area at
a time when firearms or explosives were used at or from that place to attack or resist the members
of any armed forces or the forces charged with the maintenance of public order acting in the
discharge of their duties, it shall be presumed, unless the contrary is shown, that such person had
committed such offence. (2) The offences referred to in sub-section (1) are the following, namely: ––
(a) an offence under section 121, section 121A, section 122 or section 123 of the Indian Penal Code
(45 of 1860); (b) criminal conspiracy or attempt to commit, or abetment of, an offence under section
122 or section 123 of the Indian Penal Code (45 of 1860).]
37. d Section 116 of Indian Evidence Act and Section 117 of Indian Evidence Act
Section 116. Estoppel of tenants and of licensee of person in possession. –– No tenant of immovable
property, or person claiming through such tenant, shall, during the continuance of the tenancy, be
permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to
such immovable property; and no person who came upon any immovable property by the licence of
the person in possession there of shall be permitted to deny that such person had a title to such
possession at the time when such licence was given.
Section 117. Estoppel of acceptor of bill of exchange, bailee or licensee. –– No acceptor of a bill of
exchange shall be permitted to deny that the drawer had authority to draw such bill or to endorse it;
nor shall any bailee or licensee be permitted to deny that his bailor or licensor had, at the time when
the bailment or licence commenced, authority to make such bailment or grant such licence.
Explanation (1). –– The acceptor of a bill of exchange may deny that the bill was really drawn by the
person by whom it purports to have been drawn. Explanation (2). –– If a bailee delivers the goods
bailed to a person other than the bailor, he may prove that such person had a right to them as
against the bailor.
18. Admission––by party to proceeding or his agent. –– Statements made by a party to the
proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of
the case, as expressly or impliedly authorized by him to make them, are admissions. by suitor in
representative character. –– Statements made by parties to suits suing or sued in a representative
character, are not admissions, unless they were made while the party making them held that
character. Statements made by –– (1) by party interested in subject-matter.–– persons who have any
proprietary or pecuniary interest in the subject-matter of the proceeding, and who make the
statement in their character of persons so interested, or (2) by person from whom interest
derived.–– persons from whom the parties to the suit have derived their interest in the subject-
matter of the suit, are admissions, if they are made during the continuance of the interest of the
persons making the statements.
44. Fraud or collusion in obtaining judgment, or incompetency of Court, may be proved. –– Any
party to a suit or other proceeding may show that any judgment, order or decree which is relevant
under section 40, 41 or 42, and which has been proved by the adverse party, was delivered by a
Court not competent to deliver it, or was obtained by fraud or collusion.
177. Ordinary place of inquiry and trial.—Every offence shall ordinarily be inquired into and tried by
a Court within whose local jurisdiction it was committed.
(x) “warrant-case” means a case relating to an offence punishable with death, imprisonment for life
or imprisonment for a term exceeding two years;
Section 29. Sentences which Magistrates may pass.—(1) The Court of a Chief Judicial Magistrate may
pass any sentence authorised by law except a sentence of death or of imprisonment for life or of
imprisonment for a term exceeding seven years
(4) No wife shall be entitled to receive an 1 [allowance for the maintenance or the interim
maintenance and expenses of proceeding, as the case may be,] from her husband under this section
if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or
if they are living separately by mutual consent.
125. Order for maintenance of wives, children and parents.—(1) If any person having sufficient
means neglects or refuses to maintain— (a) his wife, unable to maintain herself, or (b) his legitimate
or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate or
illegitimate child (not being a married daughter) who has attained majority, where such child is, by
reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or
mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such
neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife
or such child, father or mother, at such monthly rate 1 * * * as such Magistrate thinks fit and to pay
the same to such person as the Magistrate may from time to time direct: Provided that the
Magistrate may order the father of a minor female child referred to in clause (b) to make such
allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor
female child, if married, is not possessed of sufficient means: 2 [Provided further that the Magistrate
may, during the pendency of the proceeding regarding monthly allowance for the maintenance
under this sub-section, order such person to make a monthly allowance for the interim maintenance
of his wife or such child, father or mother, and the expenses of such proceeding which the
Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from
time to time direct: Provided also that an application for the monthly allowance for the interim
maintenance and expenses of proceeding under the second proviso shall, as far as possible, be
disposed of within sixty days from the date of the service of notice of the application to such
person.] Explanation.—For the purposes of this Chapter,— (a) “minor” means a person who, under
the provisions of the Indian Majority Act, 1875 (9 of 1875) is deemed not to have attained his
majority; (b) “wife” includes a woman who has been divorced by, or has obtained a divorce from,
her husband and has not remarried. 3 [(2) Any such allowance for the maintenance or interim
maintenance and expenses of proceeding shall be payable from the date of the order, or, if so
ordered, from the date of the application for maintenance or interim maintenance and expenses of
proceeding, as the case may be.] (3) If any person so ordered fails without sufficient cause to comply
with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying
the amount due in the manner provided for levying fines, and may sentence such person, for the
whole or any part of each month’s 4 [allowance for the maintenance or the interim maintenance
and expenses of proceeding, as the case may be,] remaining unpaid after the execution of the
warrant, to imprisonment for a term which may extend to one month or until payment if sooner
made: Provided that no warrant shall be issued for the recovery of any amount due under this
section unless application be made to the Court to levy such amount within a period of one year
from the date on which it became due: Provided further that if such person offers to maintain his
wife on condition of her living with him, and she refuses to live with him, such Magistrate may
consider any grounds of refusal stated by her, and may make an order under this section
notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.—If a
husband has contracted marriage with another woman or keeps a mistress, it shall be considered to
be just ground for his wife’s refusal to live with him. (4) No wife shall be entitled to receive an 1
[allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case
may be,] from her husband under this section if she is living in adultery, or if, without any sufficient
reason, she refuses to live with her husband, or if they are living separately by mutual consent. (5)
On proof that any wife in whose favour an order has been made under this section in living in
adultery, or that without sufficient reason she refuses to live with her husband, or that they are
living separately by mutual consent.
155. Information as to non-cognizable cases and investigation of such cases. (4) Where a case relates
to two or more offences of which at least one is cognizable, the case shall be deemed to be a
cognizable case, notwithstanding that the other offences are non-cognizable.
41. When police may arrest without warrant.—(1) Any police officer may without an order from a
Magistrate and without a warrant, arrest any person— [(a) who commits, in the presence of a police
officer, a cognizable offence
48 (c) The concept of Public Interest Litigation first originated in The United States of
America in the mid-1980s. The phrase Public Interest Litigation (PIL) was first used by an
American named Abraham Chayes
Article 141. Law declared by Supreme Court to be binding on all courts. The law declared by the
Supreme Court shall be binding on all courts within the territory of India.
Article 142. Enforcement of decrees and orders of Supreme Court and orders as to discovery, etc. (1)
The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is
necessary for doing complete justice in any cause or matter pending before it, and any decree so
passed or order so made shall be enforceable throughout the territory of India in such manner as
may be prescribed by or under any law made by Parliament and, until provision in that behalf is so
made, in such manner as the President may by order prescribe. (2) Subject to the provisions of any
law made in this behalf by Parliament, the Supreme Court shall, as respects the whole of the
territory of India, have all and every power to make any order for the purpose of securing the
attendance of any person, the discovery or production of any documents, or the investigation or
punishment of any contempt of itself.
22. Protection against arrest and detention in certain cases. (1) No person who is arrested shall be
detained in custody without being informed, as soon as may be, of the grounds for such arrest nor
shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice. (2)
Every person who is arrested and detained in custody shall be produced before the nearest
magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the
journey from the place of arrest to the court of the magistrate and no such person shall be detained
in custody beyond the said period without the authority of a magistrate. (3) Nothing in clauses (1)
and (2) shall apply- (a) to any person who for the time being is an enemy alien; or (b) to any person
who is arrested or detained under any law providing for preventive detention. (4) No law providing
for preventive detention shall authorise the detention of a person for a longer period than three
months unless- (a) an Advisory Board consisting of persons who are, or have been, or are qualified to
be appointed as, Judges of a High Court has reported before the expiration of the said period of
three months that there is in its opinion sufficient cause for such detention: Provided that nothing in
this sub-clause shall authorise the detention of any person beyond the maximum period prescribed
by any law made by Parliament under subclause (b) of clause (7); or (b) such person is detained in
accordance with the provisions of any law made by Parliament under sub-clauses (a) and (b) of
clause (7) (5) When any person is detained in pursuance of an order made under any law providing
for preventive detention, the authority making the order shall, as soon as may be, communicate to
such person the grounds on which the order has been made and shall afford him the earliest
opportunity of making a representation against the order. (6) Nothing in clause (5) shall require the
authority making any such order as is referred to in that clause to disclose facts which such authority
considers to be against the public interest to disclose. (7) Parliament may by law prescribe- (a) the
circumstances under which, and the class or classes of cases in which, a person may be detained for
a period longer than three months under any law providing for preventive detention without
obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of
clause (4); (b) the maximum period for which any person may in any class or classes of cases be
detained under any law providing for preventive detention; and (c) the procedure to be followed by
an Advisory Board in an inquiry under subclause (a) of clause (4)
127. Appointment of ad hoc Judges. (1) If at any time there should not be a quorum of the Judges of
the Supreme Court available to hold or continue any session of the Court, the National Judicial
Appointments Commission on a reference made to it by the Chief Justice of India, may with the
previous consent of the President and after consultation with the Chief Justice of the High Court
concerned, request in writing the attendance at the sittings of the Court, as an ad hoc Judge, for such
period as may be necessary, of a Judge of a High Court duly qualified for appointment as a Judge of
the Supreme Court to be designated by the Chief Justice of India. (2) It shall be the duty of the Judge
who has been so designated, in priority to other duties of his office, to attend the sittings of the
Supreme Court at the time and for the period for which his attendance is required, and while so
attending he shall have all the jurisdiction, powers and privileges, and shall discharge the duties, of a
Judge of the Supreme Court.
The 42nd Constitution Amendment Act, 1976 was passed during the emergency. It is called "mini-
constitution" because of the volume of change it made in the Constitution. This amendment
attempted to curtail the power of judicial review of the Supreme Court and High court by excluding
from their purview any matter of elections.
53 (d) Under a single, integrated, hierarchical judicial system, the High Courts
in the States are directly under the Supreme Court.
Article 124 to the Constitution of India – Establishment and constitution of Supreme Court. (1)
There shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by
law prescribes a larger number, of not more than seven other Judges.
132. Appellate jurisdiction of Supreme Court in appeals from High Courts in certain cases. (1) An
appeal shall lie to the Supreme Court from any judgment, decree or final order of a High Court in the
territory of India, whether in a civil, criminal or other proceeding, if the High Court certifies under
article 134A that the case involves a substantial question of law as to the interpretation of this
Constitution. (2) ***** (3) Where such a certificate is given, any party in the case may appeal to the
Supreme Court on the ground that any such question as aforesaid has been wrongly decided.
ExplanationFor the purposes of this article, the expression “final order” includes an order deciding
an issue which, if decided in favour of the appellant, would be sufficient for the final disposal of the
case.
55 (a) Article 217 read with Article 220 to the Constitution of India –
217. Appointment and conditions of the office of a Judge of a High Court. (1) Every Judge of a High
Court shall be appointed by the President by warrant under his hand and seal on the
recommendation of the National Judicial Appointments Commission referred to in article 124A, and
shall hold office, in the case of an additional or acting Judge, as provided in article 224, and in any
other case, until he attains the age of sixty-two years: Provided that- (a) a Judge may, by writing
under his hand addressed to the President, resign his office; (b) a Judge may be removed from his
office by the President in the manner provided in clause (4) of article 124 for the removal of a Judge
of the Supreme Court; (c) the office of a Judge shall be vacated by his being appointed by the
President to be a Judge of the Supreme Court or by his being transferred by the President to any
other High Court within the territory of India. (2) A person shall not be qualified for appointment as a
Judge of a High Court unless he is a citizen of India and- (a) has for at least ten years held a judicial
office in the territory of India; or (b) has for at least ten years been an advocate of a High Court or of
two or more such Courts in succession. ExplanationFor the purposes of this clause- (a) in computing
the period during which a person has held judicial office in the territory of India, there shall be
included any period, after he has held any judicial office, during which the person has been an
advocate of a High Court or has held the office of a member of a tribunal or any post, under the
Union or a State, requiring special knowledge of law; (aa) in computing the period during which a
person has been an advocate of a High Court, there shall be included any period during which the
person has held judicial office or the office of a member of a tribunal or any post, under the Union or
a State, requiring special knowledge of law after he became an advocate; (b) in computing the
period during which a person has held judicial office in the territory of India or been an advocate of a
High Court, there shall be included any period before the commencement of this Constitution during
which he has held judicial office in any area which was comprised before the fifteenth day of August,
1947, within India as defined by the Government of India Act, 1935, or has been an advocate of any
High Court in any such area, as the case may be. (3) If any question arises as to the age of a Judge of
a High Court, the question shall be decided by the President after consultation with the Chief Justice
of India and the decision of the President shall be final.
220. Restriction on practice after being a permanent Judge. No person who, after the
commencement of this Constitution, has held office as a permanent Judge of a High Court shall plead
or act in any court or before any authority in India except the Supreme Court and the other High
Courts. ExplanationIn this article, the expression “High Court” does not include a High Court for a
State specified in Part B of the First Schedule as it existed before the commencement of the
Constitution (Seventh Amendment) Act, 1956.
12. What is a sound mind for the purposes of contracting? A person is said to be of sound mind for
the propose of making a contract, if, at the time when he makes it, he is capable of understanding it
and of forming a rational judgement as to its effect upon his interest. A person who is usually of
unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind. A
person who is usually of sound mind, but occasionally of unsound mind, may not make a contract
16. "Undue influence" defined. (1) A contract is said to be induced by "under influence" where the
relations subsisting between the parties are such that one of the parties is in a position to dominate
the will of the other and uses that position to obtain an unfair advantage over the other. (2) In
particular and without prejudice to the generally of the foregoing principle, a person is deemed to
be in a position to dominate the will of another- (a) where he hold a real or apparent authority over
the other, or where he stands in a fiduciary relation to the other; or (b) where he makes a contract
with a person whose mental capacity is temporarily or permanently affected by reason of age,
illness, or mental or bodily distress. (3) Where a person who is in a position to dominate the will of
another, enters into a contract with him, and the transaction appears, on the face of it or on the
evidence adduced, to be unconscionable, the burden of proving that such contract was not induced
by undue influence shall be upon the person in a position to dominate the will of the other. Nothing
in the sub-section shall affect the provisions of Section 111 of the Indian Evidence Act, 1872.
Illustration - (d) A applies to a banker for a loan at a time when there is stringency in the money
market, The banker declines to make the loan except at an unusually high rate of interest. A accepts
the loan on these terms. This is a transaction in the ordinary course of business, and the contract is
18. "Misrepresentation" defined. "Misrepresentation" means and includes - (1) the positive
assertion, in a manner not warranted by the information of the person making it, of that which is not
true, though he believes it to be true; (2) any breach of duty which, without an intent to deceive,
gains an advantage to the person committing it, or anyone claiming under him; by misleading
another to his prejudice, or to the prejudice of any one claiming under him; (3) causing, however
innocently, a party to an agreement, to make a mistake as to the substance of the thing which is
subject of the agreement.
19. Void-ability of agreements without free consent. When consent to an agreement is caused by
coercion, fraud or misrepresentation, the agreement is a contract voidable at the option of the party
whose consent was so caused. A party to contract, whose consent was caused by fraud or
misrepresentation, may, if he thinks fit, insist that the contract shall be performed, and that he shall
be put on the position in which he would have been if the representations made had been true.
ExceptionIf such consent was caused by misrepresentation or by silence, fraudulent within the
meaning of section 17, the contract, nevertheless, is not voidable, if the party whose consent was so
caused had the means of discovering the truth with ordinary diligence. ExplanationA fraud or
misrepresentation which did not cause the consent to a contract of the party on whom such fraud
was practised, or to whom such misrepresentation was made, does not render a contract voidable.
62. (b) Illustration (a), (b) to Section 19 of the Indian Contract Act –
Illustrations- (a) A, intending to deceive B, falsely represents that five hundred maunds of indigo are
made annually at A's factory, and thereby induces B to buy the factory. The contract is voidable at
the option of B.
(b) A, by a misrepresentation, leads B erroneously to believe that five hundred mounds of indigo are
made annually at A's factory. B examines the accounts of the factory, which show that only four
hundred maunds of indigo have been made. After this B buys the factory. The contract is not
63. (c) 19A. Power to set aside contract induced by undue influence. When consent to an
agreement is caused by undue influence, the agreement is a contract voidable at the option of the
party whose consent was so caused. Any such contract may be set aside either absolutely or, if the
party who was entitled to avoid it has received any benefit thereunder, upon such terms and
40. Damages in lieu of, or in addition to, injunction.—(1) The plaintiff in a suit for perpetual
injunction under section 38, or mandatory injunction under section 39, may claim damages either in
addition to, or in substitution for, such injunction and the court may, if it thinks fit, award such
damages. (2) No relief for damages shall be granted under this section unless the plaintiff has
claimed such relief in his plaint: Provided that where no such damages have been claimed in the
plaint, the court shall, at any stage of the proceedings, allow the plaintiff to amend the plaint on
such terms as may be just for including such claim. (3) The dismissal of a suit to prevent the breach
of an obligation existing in favour of the plaintiff shall bar his right to sue for damages for such
breach.
20. Substituted performance of contract.—(1) Without prejudice to the generality of the provisions
contained in the Indian Contract Act, 1872 (9 of 1872), and, except as otherwise agreed upon by the
parties, where the contract is broken due to non-performance of promise by any party, the party
who suffers by such breach shall have the option of substituted performance through a third party or
by his own agency, and, recover the expenses and other costs actually incurred, spent or suffered by
him, from the party committing such breach. (2) No substituted performance of contract under sub-
section (1) shall be undertaken unless the party who suffers such breach has given a notice in
writing, of not less than thirty days, to the party in breach calling upon him to perform the contract
within such time as specified in the notice, and on his refusal or failure to do so, he may get the
same performed by a third party or by his own agency: Provided that the party who suffers such
breach shall not be entitled to recover the expenses and costs under sub-section (1) unless he has
got the contract performed through a third party or by his own agency. (3) Where the party suffering
breach of contract has got the contract performed through a third party or by his own agency after
giving notice under sub-section (1), he shall not be entitled to claim relief of specific performance
against the party in breach.
(4) Nothing in this section shall prevent the party who has suffered breach of contract from claiming
compensation from the party in breach.
20. Substituted performance of contract.—(1) Without prejudice to the generality of the provisions
contained in the Indian Contract Act, 1872 (9 of 1872), and, except as otherwise agreed upon by the
parties, where the contract is broken due to non-performance of promise by any party, the party
who suffers by such breach shall have the option of substituted performance through a third party or
by his own agency, and, recover the expenses and other costs actually incurred, spent or suffered by
him, from the party committing such breach. (2) No substituted performance of contract under sub-
section (1) shall be undertaken unless the party who suffers such breach has given a notice in
writing, of not less than thirty days, to the party in breach calling upon him to perform the contract
within such time as specified in the notice, and on his refusal or failure to do so, he may get the
same performed by a third party or by his own agency: Provided that the party who suffers such
breach shall not be entitled to recover the expenses and costs under sub-section (1) unless he has
got the contract performed through a third party or by his own agency. (3) Where the party suffering
breach of contract has got the contract performed through a third party or by his own agency after
giving notice under sub-section (1), he shall not be entitled to claim relief of specific performance
against the party in breach.
(4) Nothing in this section shall prevent the party who has suffered breach of contract from claiming
compensation from the party in breach.
105. Lease defined. A lease of immoveable property is a transfer of a right to enjoy such property,
made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or
promised, or of money, a share of crops, service or any other thing of value, to be rendered
periodically or on specified occasions to the transferor by the transferee, who accepts the transfer
on such terms
(4) In computing the period of limitation for a suit for possession by a purchaser at a sale in
execution of a decree, the time during which a proceeding to set aside the sale has been prosecuted
shall be excluded. (5) In computing the period of limitation for any suit the time during which the
defendant has been absent from India and from the territories outside India under the
administration of the Central Government, shall be excluded.
74. (c) In the process of interpretation, non-statutory aids are illustrated by common law rules of
Interpretation and/or case law relating to interpretation of statute
8. Limited period tenancy.-(l) A landlord may let out the premises for residential purposes for a
limited period not exceeding three years. (2) In such cases the landlord and the proposed tenant
shall submit a joint petition before the Rent Tribunal for permission to enter into the limited period
tenancy and for grant of certificate for recovery of possession. (3) The rent tribunal shall grant
permission immediately and issue certificate for recovery of possession of such premises executable
on expiry of the period mentioned in the certificate. However, such permission shall not be granted
for more than three times for the same premises: Provided that the certificate for recovery of
possession issued in this section shall lapse if petition for execution thereof has not been filed before
the Tribunal within six months from the date such certificate becomes executable.
78. Section 27(1) of Protection of Women from Domestic Violence Act, 2005 –
27. Jurisdiction.—(1) The court of Judicial Magistrate of the first class or the Metropolitan
Magistrate, as the case may be, within the local limits of which— (a) the person aggrieved
permanently or temporarily resides or carries on business or is employed; or (b) the respondent
resides or carries on business or is employed; or (c) the cause of action has arisen, shall be the
competent court to grant a protection order and other orders under this Act and to try offences
under this Act.
27. Jurisdiction.—(1) The court of Judicial Magistrate of the first class or the Metropolitan
Magistrate, as the case may be, within the local limits of which— (a) the person aggrieved
permanently or temporarily resides or carries on business or is employed; or (b) the respondent
resides or carries on business or is employed; or (c) the cause of action has arisen, shall be the
competent court to grant a protection order and other orders under this Act and to try offences
under this Act.
82. (a) The Indecent Representation of Women (Prohibition) Act, 1986 Section 5. Powers to enter
and search.—(1) Subject to such rules as may be prescribed, any Gazetted Officer authorised by the
State Government may, within the local limits of the area for which he is so authorised,— (a) enter
and search at all reasonable times, with such assistance, if any, as he considers necessary, any place
in which he has reason to believe that an offence under this Act has been or is being committed; (b)
seize any advertisement or any book, pamphlet, paper, slide film, writing, drawing, painting,
photograph, representation or figure which he has reason to believe contravenes any of the
provisions of this Act; (c) examine any record, register, document or any other material object found
in any place mentioned in clause (a) and seize the same if he has reason to believe that it may
furnish evidence of the commission of an offence punishable under this Act
83. a. Section 2(e) of the Sexual Harassment of women at workplace (Prevention, Prohibition
and Redressal) Act, 2013 - “domestic worker” means a woman who is employed to do the household
work in any household for remuneration whether in cash or kind, either directly or through any
agency on a temporary, permanent, part time or full time basis, but does not include any member of
the family of the employer
84. (a) Under the Protection of Children from Sexual Offences Act, 2012, Section 33. Procedure and
powers of Special Court.—(1) A Special Court may take cognizance of any offence, without the
accused being committed to it for trial, upon receiving a complaint of facts which constitute such
offence, or upon a police report of such facts.
(2) The Special Public Prosecutor, or as the case may be, the counsel appearing for the accused shall,
while recording the examination-in-chief, cross-examination or re-examination of the child,
communicate the questions to be put to the child to the Special Court which shall in turn put those
questions to the child.
(3) The Special Court may, if it considers necessary, permit frequent breaks for the child during the
trial.
(4) The Special Court shall create a child-friendly atmosphere by allowing a family member, a
guardian, a friend or a relative, in whom the child has trust or confidence, to be present in the court.
(5) The Special Court shall ensure that the child is not called repeatedly to testify in the court.
(6) The Special Court shall not permit aggressive questioning or character assassination of the child
and ensure that dignity of the child is maintained at all times during the trial.
(7) The Special Court shall ensure that the identity of the child is not disclosed at any time during the
course of investigation or trial:
Provided that for reasons to be recorded in writing, the Special Court may permit such disclosure, if
in its opinion such disclosure is in the interest of the child.
Explanation.—For the purposes of this sub-section, the identity of the child shall include the identity
of the child's family, school, relatives, neighbourhood or any other information by which the identity
of the child may be revealed.
(8) In appropriate cases, the Special Court may, in addition to the punishment, direct payment of
such compensation as may be prescribed to the child for any physical or mental trauma caused to
him or for immediate rehabilitation of such child.
(9) Subject to the provisions of this Act, a Special Court shall, for the purpose of the trial of any
offence under this Act, have all the powers of a Court of Session and shall try such offence as if it
were a Court of Session, and as far as may be, in accordance with the procedure specified in the
Code of Criminal Procedure, 1973 (2 of 1974) for trial before a Court of Session.
85. (b) Section 34 of Protection of Children from Sexual Offences Act, 2012 - Procedure in case of
commission of offence by child and determination of age by Special Court.—(1) Where any offence
under this Act is committed by a child, such child shall be dealt with under the provisions of [the
Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016)].
(2) If any question arises in any proceeding before the Special Court whether a person is a child or
not, such question shall be determined by the Special Court after satisfying itself about the age of
such person and it shall record in writing its reasons for such determination.
(3) No order made by the Special Court shall be deemed to be invalid merely by any subsequent
proof that the age of a personas determined by it under sub-section (2) was not the correct age of
that person.
86. a
87. a
88. a
89. b
90. c
91 b
92. a
93. d
94. a
95 b
96 b
97 a
98 a
99 d
100 a