Part 1: RJS 2021( Set B) Questions Answer With An Explanation

Q.1 Under the provision of the Specific Relief Act, 1963, when a part of a contract which, taken by itself , can and ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specifically performed, then:-

Answer: The court may direct specific performance of the former part.

What you should know: Under section 12(4) of specific Relief Act, 1963 provides when a part of a contract which, taken by itself, can and ought to be specifically performed, stands on a separate and independent footing from another part of the same contract which cannot or ought not to be specifically performed, the court may direct specific performance of the former part.

Q.2 Under the Transfer of Property Act, 1882 “Attached to the earth” doesn’t mean:-

Answer: Growing Crops

What you should know: Growing crops means crops standing in the field. Although in the field, they are not immovable property under the definition of “attached to property” of section 3 of Transfer of Property Act, 1882, because every crop is bound to be cut short when it comes to ripe. The crops in the field have no use except their produce.

Q.3 Under the Indian Contract Act, 1872, a contract to perform the promise or discharge the liability of a third person in case of his default:-

Answer: A contract of guarantee

What you should know: Section 126 of the Indian Contract Act defines a contract of guarantee. It defines a contract of guarantees a contract to perform the promise or discharge the liability of a third person in case of his default.

Q.4 Which of the following statement with reference to section 3 of the Indian Evidence Act, 1872 is not correct?

1) A map or plan is a document

2) An inscription on a metal plate is a document.

3)A caricature is not a document.

4) That a man said certain words, is a fact.

Answer: A caricature is not a document

What you should know: As per the definition of “Document” under section 3 of the Indian Evidence Act, 1872 an illustration given a caricature is a document.

Q.5 If for a period of ………, a member of the house of the legislature of a State, without permission of the house, is absent from all meetings thereof, the house may declare his seat vacant.

Answer: 60 days

What you should know: Article 101 clause 4 of the Indian Constitution provides if for a period of sixty days a member of either house of parliament is without permission of the house absent from all meetings thereof, the house may declare his seat vacant: provided computing the said period sixty days no account shall be taken of any period during whichthe house is prorogued or adjourned for more than four consecutive days.

Q.6 Under the Code of Civil procedure, 1908, which of the following is not a supplemental proceeding?

1) Appointment of Receiver

2) Granting of a Temporary Injunction

3) Arrest and attachment before judgement

4) Granting of a permanent injunction.

Answer: Granting Permanent Injunction

What you should know: Under section 94 of the Civil Procedure Code,1908

To prevent the ends of justice from being defeated the Court may if it is so prescribed,—

(a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison;

(b) direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property;

(c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold;

(d) appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property;

(e) make such other interlocutory orders as may appear to the Court to be just and convenient.

Q.7 Under the Code of Civil Procedure, 1908, in one situation the contract of engagement of a lawyer by the party to suit will be deemed to continue even after the death of that party, which is that situation?

Answer: Till the court informed about the death of the party

What you should know:Order 3 Rule 4(2) of the Civil Procedure Code, 1908 every such appointment shall be filed in Court and shall, sub-rule (1), bedeemed to be in force until determined with the leave of the Court by 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.

Q.8 For the purpose of hearing any reference under Article 143 of the constitution of India, the minimum number of judges of the Supreme Court who are to sit for the purpose, shall be:-

Answer: 5

What you should know: Article 143(3) provides the minimum number of judges who are to sit to decide any case involving a substantial question of law as to the interpretation of this constitution or for the purpose of hearing any reference under Article 143 shall be five.

Q.9 In which of the following case, the presumption of the contract to the contrary under section 230 of the Indian Contract Act, 1872, shall not be presumed?

1) Where the contract is made by an agent for the sale or purchase of goods for a merchant resident abroad.

2) Where the principal does not disclose the name of his agent.

3) Where the principal, though disclosed, cannot be sued.

4) In all the above cases

Answer: In all of the cases

What you should know:In the absence of any contract to that effect an agent cannot personally enforce contracts entered into by him on behalf of his principal, nor is he personally bound by them." Presumption of the contract to contrary.—such a contract shall be presumed to exist in the following cases:—

1) where the contract is made by an agent for the sale or purchase of goods for a merchant resident abroad;

2)where the agent does not disclose the name of his principal;

3) where the principal, though disclosed, cannot be sued.

Q.10 An advertisement in a newspaper inviting tenders is:-

Answer: Invitation for proposal

What you should know: A tender is not a proposal or offer. After its acceptance, it sometimes becomes what is known as a standing offer or a continuing offer. A contract takes place only after the order is placed.

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For Part 2: RJS 021( Set B) Questions Answer With An Explanation Click here