1. A makes a false entry in his shop-book for the purpose of using it as corroborative evidence in a Court of Justice. What offence did A commit?
Ans: A has fabricated false evidence
2. Remedies available against an ex parte decree include
A. appeal
B. review
C. application for setting aside the decree
D. all of the above
3. Which order and rule of CPC deal with any order to answer interrogatories, or for discovery or inspection of documents?
Ans: Order XI, Rule 21
4. Section 25 of the Transfer of Property Act, 1882 provides for
Ans: Conditional Transfer
5. What is meant by "attested" under Transfer of Property Act?
Ans: attested", in relation to an instrument means and shall be deemed always to have meant attested by two or more witnesses each of whom has seen the executant sign or affix his mark to the instrument, or has seen some other person sign the instrument in the presence and by the direction of the executant, or has received from the executant a personal acknowledgment of his signature or mark, or of the signature of such other person, and each of whom has signed the instrument in the presence of the executant; but it shall not be necessary that more than one of such witnesses shall have been present at the same time, and no particular form of attestation shall be necessary
6. What is meant by transfer of property ?
Ans: Transfer of Property means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, and one or more other living persons; and " to transfer property" is to perform such act.
7. What are the liabilities of a seller under the Transfer of Property Act, 1882?
Ans: Under Section 55 of the Transfer of property Act, 1882 the seller is bound-
a. to disclose to the buyer any material defect in the property or in the seller’s title thereto of which the seller is, and the buyer is not, aware, and which the buyer could not with ordinary care discover;
b. to produce to the buyer on his request for examination all documents of title relating to the property which are in the seller’s possession or power;
c. to answer to the best of his information all relevant questions put to him by the buyer in respect to the property or the title thereto
d. on payment or tender of the amount due in respect of the price, to execute a proper conveyance of the property when the buyer tenders it to him for execution at a proper time and place
e. between the date of the contract of sale and the delivery of the property, to take as much care of the property and all documents of title relating thereto which are in his possession as an owner of ordinary prudence would take of such property and documents
f. to give, on being so required, the buyer, or such person as he directs, such possession of the property as its nature admits
g. to pay all public charges and rent accrued due in respect of the property up to the date of the sale, the interest on all encumbrances on such property due on such date, and, except where the property is sold subject to encumbrances, to discharge all encumbrances on the property then existing.
The seller shall be deemed to contract with the buyer that the interest which the seller professes to transfer to the buyer subsists and that he has power to transfer the same.Provided that, where the sale is made by a person in a fiduciary character, he shall be deemed to contract with the buyer that the seller has done no act whereby the property is encumbered or whereby he is hindered from transferring it.
Where the whole of the purchase-money has been paid to the seller, he is also bound to deliver to the buyer all documents of title relating to the property which are in the seller’s possession or power.
Provided that,
(a) where the seller retains any part of the property comprised in such documents, he is entitled to retain them all, and,
(b) where the whole of such property is sold to different buyers, the buyer of the lot of greatest value is entitled to such documents.
But in case (a) the seller, and in case (b) the buyer, of the lot of greatest value, is bound, upon every reasonable request by the buyer, or by any of the other buyers, as the case may be, and at the cost of the person making the request, to produce the said documents and furnish such true copies thereof or extracts therefrom as he may require; and in the meantime, the seller, or the buyer of the lot of greatest value, as the case may be, shall keep the said documents safe, uncanceled and un-defaced, unless prevented from so doing by fire or other inevitable accident.
8. Who said,"Witnesses are eyes and ears of Justice"?
Ans: Bentham
9. In which case was it held, "a criminal case is built on the edifice of evidence, evidence that is admissible in law. For that, witnesses are required whether it is direct evidence or circumstantial evidence"?
Ans: Swaran Singh vs. State of Punjab
10. In ........................., the Supreme Court defined ‘hostile witness’ as a person “who is not desirous of telling the truth at the instance of one party calling him.”
Ans: Gura Singh v. State of Rajasthan
2. Remedies available against an ex parte decree include
A. appeal
B. review
C. application for setting aside the decree
D. all of the above
3. Which order and rule of CPC deal with any order to answer interrogatories, or for discovery or inspection of documents?
Ans: Order XI, Rule 21
4. Section 25 of the Transfer of Property Act, 1882 provides for
Ans: Conditional Transfer
5. What is meant by "attested" under Transfer of Property Act?
Ans: attested", in relation to an instrument means and shall be deemed always to have meant attested by two or more witnesses each of whom has seen the executant sign or affix his mark to the instrument, or has seen some other person sign the instrument in the presence and by the direction of the executant, or has received from the executant a personal acknowledgment of his signature or mark, or of the signature of such other person, and each of whom has signed the instrument in the presence of the executant; but it shall not be necessary that more than one of such witnesses shall have been present at the same time, and no particular form of attestation shall be necessary
6. What is meant by transfer of property ?
Ans: Transfer of Property means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, and one or more other living persons; and " to transfer property" is to perform such act.
7. What are the liabilities of a seller under the Transfer of Property Act, 1882?
Ans: Under Section 55 of the Transfer of property Act, 1882 the seller is bound-
a. to disclose to the buyer any material defect in the property or in the seller’s title thereto of which the seller is, and the buyer is not, aware, and which the buyer could not with ordinary care discover;
b. to produce to the buyer on his request for examination all documents of title relating to the property which are in the seller’s possession or power;
c. to answer to the best of his information all relevant questions put to him by the buyer in respect to the property or the title thereto
d. on payment or tender of the amount due in respect of the price, to execute a proper conveyance of the property when the buyer tenders it to him for execution at a proper time and place
e. between the date of the contract of sale and the delivery of the property, to take as much care of the property and all documents of title relating thereto which are in his possession as an owner of ordinary prudence would take of such property and documents
f. to give, on being so required, the buyer, or such person as he directs, such possession of the property as its nature admits
g. to pay all public charges and rent accrued due in respect of the property up to the date of the sale, the interest on all encumbrances on such property due on such date, and, except where the property is sold subject to encumbrances, to discharge all encumbrances on the property then existing.
The seller shall be deemed to contract with the buyer that the interest which the seller professes to transfer to the buyer subsists and that he has power to transfer the same.Provided that, where the sale is made by a person in a fiduciary character, he shall be deemed to contract with the buyer that the seller has done no act whereby the property is encumbered or whereby he is hindered from transferring it.
Where the whole of the purchase-money has been paid to the seller, he is also bound to deliver to the buyer all documents of title relating to the property which are in the seller’s possession or power.
Provided that,
(a) where the seller retains any part of the property comprised in such documents, he is entitled to retain them all, and,
(b) where the whole of such property is sold to different buyers, the buyer of the lot of greatest value is entitled to such documents.
But in case (a) the seller, and in case (b) the buyer, of the lot of greatest value, is bound, upon every reasonable request by the buyer, or by any of the other buyers, as the case may be, and at the cost of the person making the request, to produce the said documents and furnish such true copies thereof or extracts therefrom as he may require; and in the meantime, the seller, or the buyer of the lot of greatest value, as the case may be, shall keep the said documents safe, uncanceled and un-defaced, unless prevented from so doing by fire or other inevitable accident.
8. Who said,"Witnesses are eyes and ears of Justice"?
Ans: Bentham
9. In which case was it held, "a criminal case is built on the edifice of evidence, evidence that is admissible in law. For that, witnesses are required whether it is direct evidence or circumstantial evidence"?
Ans: Swaran Singh vs. State of Punjab
10. In ........................., the Supreme Court defined ‘hostile witness’ as a person “who is not desirous of telling the truth at the instance of one party calling him.”
Ans: Gura Singh v. State of Rajasthan
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