In which case did the Supreme Court emphasize that 'may' in Section

19(1) of the Juvenile Justice (Care and Protection of Children) Act

should be read as 'shall'?

A. Chandra Pratap Singh v. State of MP 2023

B. State of Rajasthan v. Gautam s/o Mohanlal 2023
C. Ajeet Gurjar v. The State Of Madhya Pradesh, 2023
D. Naresh @ Nehru v. State of Haryana 2023
Answer - C

Explanation - In the case of Ajeet Gurjar v. The State Of Madhya Pradesh, the Supreme
Court emphasized that 'may' in Section 19(1) of the Juvenile Justice Act should be read as
'shall' in the context of holding an inquiry on whether a child should be tried as an adult.

After the receipt of preliminary assessment from the Board under section 15, the Childrens
Court may decide that—
(i) there is a need for trial of the child as an adult as per the provisions of the Code of
Criminal Procedure, 1973 (2 of 1974) and pass appropriate orders after trial subject to the
provisions of this section and section 21, considering the special needs of the child, the
tenets of fair trial and maintaining a child friendly atmosphere;

1. The Supreme Court recently held that compliance with Section 19(1) subclause (i) of the
Juvenile Justice (Care and Protection of Children) Act, 2015 which requires the Children’s Court
to hold an inquiry as to whether the alleged offender is to be tried as a child or an adult is not a
mere formality.
2. In this regard, the Court also said that the use of the word 'may' used in Clause (ii) of sub-section
1 of Section 19, will have to be read as 'shall'.
What does the Fifth Schedule empower the Governor to do, as
discussed in the case of South Eastern Coalfields Ltd v. State of MP?

A. The Governor can repeal state laws.

B. The Governor can enact parliamentary laws.

C. The Governor can direct the non-application of parliamentary or state

laws to Scheduled Areas.

D. The Governor can pass laws specific to Scheduled Areas.

Answer - C

Explanation - The Fifth Schedule empowers the Governor to direct that

parliamentary or state laws either do not apply to Scheduled Areas or apply with
certain exceptions and modifications, as discussed in South Eastern Coalfields Ltd v.
State of MP.

● The Court observed “The consequence of paragraph 5(1) of the Fifth Schedule
is that it enables the Governor to direct either that a parliamentary or state law
shall not apply to a Scheduled Area in the State or that it would apply subject to
exceptions and modifications. Therefore, unless a notification has been issued by
the Governor indicating that
● (I) a parliamentary or state law shall have no application to the Scheduled Area;
or
● (ii) the parliamentary or state legislation would apply subject to exceptions or
modifications, there would be no hindrance in the application of the law to the
State
As per a recent pronouncement by the SC, in Siby Thomas v. Somany
Ceramics Ltd, who is deemed guilty of the offense under Section 141 of
the Negotiable Instruments Act (NI Act)?

A. Every person associated with the company.

B. Only the company as a legal entity.

C. The person who signs the check only.

D. The person responsible for conducting the company's affairs at the time of
the check's dishonor.
Answer - D

Explanation - The judgment Siby Thomas v. Somany Ceramics Ltd.

Referring to Section 141(a) of the Negotiable Instruments Act 1881, the

Court said, "only that person who, at the time the offence was committed, was
in charge of and was responsible to the company for the conduct of the
business of the company, as well as the company alone shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and
punished."
An accused in police custody, informs to the Station House Officer that
the key by which he opened the safe and committed theft is kept by him
in the patio of the house. To what extent this information can be proved?

(a)For committing an offence of theft

(b)For opening lock of safe
(c)For committing theft by opening safe and destroying evidence
(d)For keeping the key in patio of the house
Answer- D

Explanation - Section 27 of the Indian Evidence Act, 1872 reads as

“Provided that, when any fact is deposed to as discovered inconsequence of
information received from a person accused of any offence, in the custody of
a police-officer, so much of such information, whether it amounts to a
confession or not, as relates distinctly to the fact thereby discovered, may be
proved.”

This Section lays down that if the accused makes a confession, it could be
used to prove a fact or the discovery of new facts in the investigation. That
would be admissible in the court of law. If a confession is obtained under
threat or promise and it proves a fact, it would still be admissible.
In a trial while explaining any circumstances appearing in evidence
against him, an accused of committing murder states that due to grave
and sudden provocation he was deprived of the power of self control and
thus gave a single lathi blow to A. A causing his death. The burden of
proving grave and sudden provocation is on-

(a)The prosecution
(b)The investigatin agency
(c)The court
(d)The accused
Answer- D

Explanation - 105 of Indian Evidence Act- Burden of proving that case of

accused comes within exceptions.—When a person is accused of any offence,
the burden of proving the existence of circumstances bringing the case within
any of the General Exceptions in the Indian Penal Code, (45 of 1860), or
within any special exception or proviso contained in any other part of the
same Code, or in any law defining the offence, is upon him, and the Court
shall presume the absence of such circumstances.

Illustration - A, accused of murder, alleges, that by grave and sudden

provocation, he was deprived of the power of self-control. The burden of
proof is on A.
During the course of trial of a rape case, a person present in court causes
a knife injury to another person before the court. The judge before
whom the incident took place -

(a)May not be called in evidence

(b)May be called in evidence only under special order of a higher court
(c)May be examined as a witness
(d)May be called in evidence, only if the trial of the incident is going on
before higher court
Answer- C

Explanation - 121. Judges and Magistrates. –– No Judge or Magistrate shall,

except upon the special order of some Court to which he is subordinate, be
compelled to answer any questions as to his own conduct in Court as such
Judge or Magistrate, or as to anything which came to his knowledge in Court
as such Judge or Magisatrate; but he may be examined as to other matters
which occurred in his presence whilst he was so acting.

Illustration - A is accused before the Court of Session of attempting to

murder a police-officer whilst on his trial before B, a Sessions Judge. B may
be examined as to what occurred.
To whom, as per Section 98 of the Cr.P.C, a complaint on oath for
restoration of an abducted female child to the person having her lawful
charge, may be presented?

(a)The district magistrate

(b)The sub divisional magistrate
(c)The magistrate first class
(d)All of the above
Answer- D

Explanation - Section 98- Power to compel restoration of abducted females -

Upon complaint made on oath of the abduction or unlawful detention of a
woman, or a female child under the age of eighteen years, for any unlawful
purpose, a District Magistrate, Sub-divisional Magistrate or Magistrate of the
first class may make an order for the immediate restoration of such woman to
her liberty, or of such female child to her husband, parent, guardian or other
person having the lawful charge or such child, and may compel compliance
with such order, using such force as may be necessary.
In a summon case, when the accused appears or is brought before the
magistrate, it shall not be necessary to -

(a)State the particular of the offence of which he is accused

(b)Ask whether he pleads guilty
(c)Ask whether he has any defence to make
(d)Frame a formal charge
Answer- D

Explanation - Section 251- Substance of accusation to be stated.—When in a

summons case the accused appears or is brought before the Magistrate, the
particulars of the offence of which he is accused shall be stated to him, and
he shall be asked whether he pleads guilty or has any defence to make, but it
shall not be necessary to frame a formal charge.
The offence affecting a socio-economic condition of the country, to which
plea bargaining is not applicable, shall be notified by -

(a)The state government

(b)The schedule caste/schedule tribe commission
(c)The human rights commission
(d)The central government
Answer - D

Explanation - Apart from that the offences that affects socio-economic

conditions of the country, which are notified by the Central Government as
offences against women or offences against a child below the age of 14 years,
benefit of plea bargaining is not available
In which case did the Supreme Court emphasize that at the stage of
framing charges, the accused does not have the right to produce any
material or documents to contest the case?

A. Chandra Pratap Singh v. State of MP

B. State of Gujarat v. Dilipsingh Kishorsinh Rao

C. State of Rajasthan v. Gautam s/o Mohanlal

D. Naresh @ Nehru v. State of Haryana

Answer - B

Explanation - The Court observed “At the time of framing of charge and
taking cognizance, the accused has no right to produce any material and call
upon the court to examine the same. No provision in the code grants any
right to the accused to file any material or document at the stage of framing
of charge. The trial court has to apply its judicial mind to the facts of the case
as may be necessary to determine whether a case has been made by the
prosecution for trial on the basis of chargesheet material only. It is a settled
principle of law that at the stage of considering the application for discharge,
the court must proceed on the assumption that the material that has been
brought on record by the prosecution is true and evaluate the material to
determine the facts emerging from the material taken no its face disclose the
existence of ingredients necessary of the offense alleged.”
On a busy junction of a road, a huge poster/banner installed by an
association is creating obstruction in traffic. Who from the amongst the
following, having information and taking evidence, may remove such
banner by initiating proceedings under Cr.P.C?

(a)The district judge

(b)The chief judicial magistrate
(c)The sub divisional magistrate
(d)The collector
Answer- C

Explanation - Under Section 133 of Cr.P.C , Under Section 133 of Cr.P.C , , a District Magistrate,
a Sub-Divisional Magistrate or even any other Executive Magistrate as specified by the State
Government is empowered to do the following provided sufficient evidence has been presented:

● That any nuisance causing any obstruction should be removed from any public place, channel
or river that lawfully belongs to the public.
● That conducting a trade, occupation, or possession of certain merchandise has a direct
negative impact on the physical comfort of the public and, in consequence, the carrying out of
such a trade, occupation or possession of such merchandise must be prohibited.
● That the construction of any property or the disposal of substances in connection with such
construction is likely to result in an explosion and therefore must be stopped or prevented.
● That any building, tree, or structure is likely to fall and cause damage, and therefore the
repair, removal, or support of such a building, tree or structure becomes necessary.
● That any dangerous animal must be confined or disposed of as the case may be.
● That any well, excavation or tank that causes any obstruction to the public shall be
accordingly removed to prevent any danger to the public.
Under Order XXXII Rule 9 of CPC , a next friend of a minor
can be removed.

(a)If he ceases to reside in India during the pendency of the suit

(b)Where his interest becomes adverse to that of the minor
(c)Where he does not do his duty
(d)All of the above
Answer- D

Explanation - The court may also remove a particular guardian or next friend
if the court is satisfied that either -
1.His interest is adverse to that of the minor in the concerned case
2. He is in such a standing as to be capable of colluding with the opposite
party or is closely connected to the opposite party
3. He does not discharge his duty to the satisfaction of the court
4. He ceases to stay in India during the pendency of the suit and is therefore
unable to look after the best interests of the minor
5. Any other sufficiently justifiable cause as the court may decide
The land for the beneficial enjoyment of which easement exists, is called
-

(a)Servient heritage
(b)Dominant heritage
(c)Extinct heritage
(d) None of the above
Answer- B

Explanation - The land for the beneficial enjoyment of which the right exists
is called the dominant heritage, and the owner or occupier thereof the
dominant owner; the land on which the liability is imposed is called the
servient heritage, and the owner or occupier thereof the servient owner.

For example, it X as the owner of his house has the right of entry on the land
of his neighbour and to take water from the hand pipe for his domestic use,
house of X is dominant heritage and land of Y is servient heritage.
Under the Rajasthan Rent Control, 2001 which of the following landlord
is entitled to recover immediate possession of a residential premise -

(a)A retired army of any Army Forces of the Union

(b)A retired employee of the Central Government
(c)A retired employee of the State Owned Corporation
(d)All of the above
Answer- D

Explanation - 10. Right of landlord to recover immediate possession in certain cases. - (1) Notwithstanding anything to the contrary contained in
this Act or an other law for the time being in force or in any contract or usage. -
(i) A landlord shall, on a petition being filed in this behalf in the Rent Tribunal, be entitled to recover immediate possession of a residential
premises, if he,-

(a) is or was a member of any armed forces or paramilitary forces of the Union and aforesaid petition is filed within one year prior to or subsequent
to the date of retirement, release or discharge, as the case may be, or within a period of one car from the date of commencement of this Act,
whichever is later;

(b) is or was an employee of the Central Government or the State Government or local bodies or State owned Corporal ions and files the aforesaid
petition within a period of one year prior to or subsequent to the date of his retirement or within a period of one year front the date of the
commencement of this Act, whichever is later :

(c) has become a senior citizen and files the aforesaid petition after the expiry of three years from the date of letting out of premises.

(ii) a dependent legal representative of a landlord, who was a member of any armed forces or paramilitary forces of the Union and has died during
the course of his employment, shall, on a petition being filed in this behalf in the Rent Tribunal, be entitled to recover immediate possession of the
residential premises, if the petition is filed by him within a period of one year after the death of such member or within a period of one year from
the date of commencement of this Act, whichever is later;

(iii) after the death of a landlord, his widow shall, on a petition being filed in this behalf in the Rent Tribunal, be entitled to recover immediate
possession of the residential premises, if the petition is filed by her within a period of one year form he date of death of her husband.
A lessee accepts from the lessor a new lease of the property leased, to
take effect during the continuance of the existing lease. This :

(a)Converts the former lease into exchange

(b)Converts the former lease into perpetual lease
(c)Is an implied surrender of the former lease
(d)Is a voidable agreement
Answer- C

Explanation - Section 111(f) of Transfer of property Act -

As to clause (f), the most usual illustration of an implied surrender is that given
in the illustration to the section-acceptance of a fresh lease during the
continuance of the old lease. The principle here is that of incompatibility
between enjoyment under the prior lease and enjoyment under the later lease.
The position would be the same where the new lease is granted to a third
person with the consent of the lessee.1 Of course, the new lease must be a valid
and effective lease.

It may, on the facts of a particular case, be difficult to determine whether there

was an intention to surrender or an acceptance thereof. Such controversies
could hardly be avoided by an amendment of the wording of the section and we
recommend none.
Under the Protection of Women from Domestic Violence Act, 2005
besides passing orders for protection and residence, a Magistrate can
pass -

(a)Custody orders
(b)Compensation orders
(c)Ex parte order
(d)All of the above
Answer - D

Explanation - Section 21 - Custody Order

Section 22 - Compensation Order
Section 23 - Ex parte Order
When the Court has to form an opinion as to the electronic signature of
any person, the opinion of the certifying authority which issued the
electronic signature certificate is-

(a)Fact in issue
(b)Relevant fact
(c)Proved fact
None of the above
Answer- B

Explanation - Section 47A of the Indian Evidence Act, 1872 states that when
a court needs to form an opinion about a person's digital signature, the
opinion of the Certifying Authority that issued the Digital Signature
Certificate is a relevant fact
In which case the Supreme Court recently directed the State or Legal
Services Authorities to ensure that child victims of sexual offenses are
provided with counseling by a trained child counselor or child
psychologist?

A. Chandra Pratap Singh v. State of MP

B. State of Gujarat v. Dilipsingh Kishorsinh Rao

C. State of Rajasthan v. Gautam s/o Mohanlal

D. We the Women of India v. Union of India

Answer - D

Explanation - the Court also recorded certain relevant factors to be taken into consideration by
NCPCR during framing of the guidelines, while also making it clear that these factors are
exhaustive. These include:

1. requiring a uniform standard of education of support persons for which the minimum
qualification may be graduation with relevant experience in child psychology, social work or
child welfare, etc.;
2. the general practice of limiting engagements of support persons to number of cases to a
particular time limit of three years or five years should be avoided. A suggestive uniform policy
should be framed eventually leading to encadrement of such persons in the concerned Ministry
at the appropriate stage;
3. the reasonable remuneration to be paid to the support persons commensurate with the work and
functions to be discharged by them;
4. creation of an All India Portal which will be accessible to all individuals and organizations such
as JJBs and individual CWCs, which can list out the details of all support persons available in
the concerned States and Union Territories; and
5. a panel to be maintained by each State in respect of NGOs and support persons, whose services
may be availed by the CWCs/JJBs.
To charge a person under Section 364A of IPC i.e., 'kidnapping for
ransom', what is the essential ingredient to be proved by the prosecution
apart from kidnapping?

a. The prosecution must prove the instant death threat to the victim.

b. The prosecution must prove the ransom demand.

c. The prosecution must prove the threats given by the accused to cause hurt
to the victim.

d. All of the above

Answer - D

Explanation - In WILLIAM STEPHEN VERSUS THE STATE OF TAMIL

NADU AND ANR(2024) , the Supreme Court acquitted an accused charged
under Section 364A of the Indian Penal Code i.e., kidnapping for ransom,
after finding that the prosecution failed to establish that there was an instant
threat of death to the kidnapped from the accused.
In cases tried by the Court of Session or a Chief Judicial Magistrate, the
Court or such magistrate, as the case may be, shall forward copy of its or
his finding and sentence, if any to -

(a)The Supritendent of police in the area whom the crime concerned is

committed
(b)The Police Station that conducted the investigation of the crime concerned
(c)The High Court to which the trial court is sub ordinate
(d)The District Magistrate within whose local jurisdiction the trial is held
Answer - D

Explanation - Section 365 - Court of Session to send copy of finding and

sentence to District Magistrate - In cases tried by the Court of Session or a
Chief Judicial Magistrate, the Court or such Magistrate as the case may be,
shall forward a copy of its or his finding and sentence (if any) to the District
Magistrate within whose local jurisdiction the trial was held.
In which of the following cases, Hon’ble Supreme Court held that benefit
of Section 3 or Section 4 of the Probation of offenders Act, 1958 is
subject to the limitations laid down in the provisions and the words ‘may
direct’ in Section 4 does not mean ‘must direct’

(a)State of Gujrat v. V.A. Chouhan

(b)Phul singh v. State of Haryana
(c)Ram Prakash v. State of Himanchal Pradesh
(d)Smt. Devki v. State of Haryana
Answer- C

Explanation - The benefit of section 3 or section 4 of the Probation of

Offenders Act is subject to the limitation laid down in these provisions. The
word ‘may’ in section 4 does not mean ‘must’. This was observed in Ram
Prakash v. State of Himachal Pradesh, AIR 1973 SC 780.
Under the provisions of Rajasthan Rent Contrcl Act, 2001' a landlord
has a right to inspect the premises let out by him. Which of the following
statement with reference to the inspection is incorrect?

(a) The inspection can be done during day time only.

(b) A prior intimation of at least three days to the tenant is necessary
(c) Such inspection can be carried out not more than once in three months
(d) None of the above
Answer : B

Sec 25. Inspection of premises - The landlord shall have a right to inspect
the premises let out by him at day time after giving prior intimation of at
least seven days to the tenant. However, such inspection shall not be carried
out by the landlord more than once in three months.
A person held guilty for commission of an offence described under
Section 326-A of the IPC, is liable to be punished with imprisonment
which shall not be less than 10 years, but which may extendd to
imprisonment for life with fine, required to be paid to the victim. Such
fine shall be -

(a)Not less than Rs 1,00,000/-

(b)Not more than Rs 5,00,000/-
(c)Just and resonable to meet the medical expenses of the treatment of the
victim
(d)Determined by the court but in no case shall be less than Rs 5,00,000/-
Answer- C

Explanation - Under Section 326A of IPC The punishment prescribed is

minimum imprisonment of ten years which can extend to imprisonment for
life as well as a fine. The fine should be just and reasonable to meet the
medical expenses for the treatment of the victim. Further, the fine should be
paid directly to the victim
“Employee” under Sexual Harassment of Women at Workplace
(Prevention, Prohibition, and Redressal) Act 2013 means?

A. regular employee
B. temporary employee
C. adhoc/daily wage employee
D. All the above
Answer - D

Explanation-
Section 43 ot the Transfer of Property Act, 1882. which deals with
transfer by unauthorised person who subsequently acquires interest in
immovable propeny transferred, underlines doctrine of;

(a) Actionable claims.

(b) Estoppel by deed
(c) Estoppel by election
(d) Righl of pre-emption
Answer: B

Section 43 of the TPA deals with Estoppel by deed. Sec 43 is an exception to

the maxim ‘nemo dat quod non habet’ which means ‘no one can confer a
better or higher right to property than what he himself possesses’.

The followings are the essential ingredients of section 43 of TPA, 1882.

1. There must be a fraudulent or erroneous representation by the transferor,

having no title or imperfect title to certain immovable property;
2. There must be an actual transfer of the immovable property by the
transferor;
3. The transfer must be for consideration;
4. The transferor must have subsequent acquisition of title or interest in the
said property.
The rule of construction 'Noscitur a sociis’ means;

(a) The meaning of a word is to be judged by the company it keeps

(b) To reconcile incompatibility between the specitic and general words
(c) No word in a statute is superfluous.
(d) None of the above
Answer: A

It is a doctrine or rule of construction: the meaning of an unclear or

ambiguous word (as in a statute or contract) should be determined by
considering the words with which it is associated in the context.
Under the provisions of Protection of Children from Sexual Offences
Act, 2012, can a report be published by the media, which discloses the
identity of a sexually assaulted child:

(a)Cannot be published
(b)Can be published in public interest
(c) Can be published, if permitted by competent Special Court
(d)None of the above.
Answer: C

Explanation - According to Section 23(2) of Protection of Children from

Sexual Offences Act, No reports in any media shall disclose, the identity of a
child including his name, address, photograph, family details, school,
neighbourhood or any other particulars which may lead to disclosure of
identity of the child:
Provided that for reasons to be recorded in writing, the Special Court,
competent to try the case under the Act, may permit such disclosure, if in its
opinion such disclosure is in the interest of the child.
Section 12 of the Specific Relief Act, 1963 permits the grant of specific
performance of a part of a contract :

(a)Where the part left unperformed bears only a small portion of the whole in
value and admits of compensation in money
(b)Where the part left unperformed is a substantial portion of the whole in
value and admits of compensation in money
(c)Where the part left unperformed is a small portion of the whole in subject
matter and does not admit compensation in money
(d)None of the above
Answer- A

Explanation - 12. Specific performance of part of contract.—

(1) Except as otherwise hereinafter provided in this section the court shall not direct the specific performance of a part of a
contract.
(2) Where a party to a contract is unable to perform the whole of his part of it, but the part which must be left unperformed by
only a small proportion to the whole in value and admits of compensation in money, the court may, at the suit of either party,
direct the specific performance of so much of the contract as can be performed, and award compensation in money for the
deficiency.
(3) Where a party to a contract is unable to perform the whole of his part of it, and the part which must be left unperformed
either—
(a) forms a considerable part of the whole, though admitting of compensation in money; or
(b) does not admit of compensation in money, he is not entitled to obtain a decree for specific performance; but the court may,
at the suit of other party, direct the party in default to perform specifically so much of his part of the contract as he can
perform, if the other party—
(i) in a case falling under clause (a), pays or has paid the agreed consideration for the whole of the contract reduced by the
consideration for the part which must be left unperformed and a case falling under clause (b), 1[pays or had paid] the
consideration for the whole of the contract without any abatement; and
(ii) in either case, relinquishes all claims to the performance of the remaining part of the contract and all right to
compensation, either for the deficiency or for the loss or damage sustained by him through the default of the defendant.
(4) 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. Explanation.—For the purposes of this section, a party to a contract shall
be deemed to be unable to perform the whole of his part of it if a portion of its subject matter existing at the date of the
contract has ceased to exist at the time of its performance.
Which of the following provision of the Specific Relief Act,1963,
empowers the State Government designate one of more Civil Courts as
Special Courts to exercise Jurisdiction and to try a suit in respect of
contracts relating to infrastructure projects?

(a)Section 1A
(b)Section 20A
(c)Section 20B
(d)Section 20C
Answer- C

Explanation - Section 20B. Special Courts

The State Government, in consultation with the Chief Justice of the High
Court, shall designate, by notification published in the Official Gazette, one
or more Civil Courts as Special Courts, within the local limits of the area to
exercise jurisdiction and to try a suit under this Act in respect of contracts
relating to infrastructure projects.
In which of the following case specific performance of a contract is not
permitted?

(a)Where a party to the contract has obtained substituted performance of a

contract
(b)A contract, the performance of which involves the performance of a
continuous duty which the court cannot supervise
(c)A contract which is dependent on the personal qualifications of the
parties
(d)All of the above
Answer- D

Explanation - 14. Contracts not specifically enforceable.—

(1) The following contracts cannot be specifically enforced, namely:—
(a) a contract for the non-performance of which compensation in money is an
adequate relief;
(b) a contract which runs into such minute or numerous details or which is so
dependent on the personal qualifications or volition of the parties, or
otherwise from its nature is such, that the court cannot enforce specific
performance of its material terms;
(c) a contract which is in its nature determinable;
(d) a contract the performance of which involves the performance of a
continuous duty which the court cannot supervise.
Section 31 of the Specific Relief Act in its application is :

(a)Based on protective or preventive justice

(b)Restricted to contracts only
(c)Restricted to the parties to the contract
(d)Mandatory in nature
Answer- A

Explanation - 31. When cancellation may be ordered.—

(1) Any person against whom a written instrument is void or voidable, and
who has reasonable apprehension that such instrument, if left outstanding
may cause him serious injury, may sue to have it adjudged void or voidable;
and the court may, in its discretion, so adjudge it and order it to be delivered
up and cancelled.
(2) If the instrument has been registered under the Indian Registration Act,
1908 (16 of 1908), the court shall also send a copy of its decree to the officer
in whose office the instrument has been so registered; and such officer shall
note on the copy of the instrument contained in his books the fact of its
cancellation
‘Chance of an heir-apparent succedding to an estate cannot be
transferred’. Which provision of Transfer of Property Act state this?

(a)Section 10
(b)Section 6
(c)Section 16
(d)Section 41
Answer- B

Explanation - 6. What may be transferred.—Property of any kind may be

transferred, except as otherwise provided by this Act or by any other law for
the time being in force,—
(a)The chance of an heir-apparent succeeding to an estate, the chance of a
relation obtaining a legacy on the death of a kinsman, or any other mere
possibility of a like nature, cannot be transferred;
Provision of Section 53A of the Transfer of Property Act, 1882 the rights
of following transferee for consideration, shall not be affected :

(a)Who is gratuitous transferee

(b)Who has notice of the contract
(c)Who has no notice of the contract
(d)Whether he has notice of the contract or no notice of the contract
Answer- C

Explanation - 53A. Part performance.—Where any person contracts to transfer for

consideration any immoveable property by writing signed by him or on his behalf
from which the terms necessary to constitute the transfer can be ascertained with
reasonable certainty, and the transferee has, in part performance of the contract, taken
possession of the property or any part thereof, or the transferee, being already in
possession, continues in possession in part performance of the contract and has done
some act in furtherance of the contract, and the transferee has performed or is willing
to perform his part of the contract, then, notwithstanding that where there is an
instrument of transfer, that the transfer has not been completed in the manner
prescribed therefor by the law for the time being in force, the transferor or any person
claiming under him shall be debarred from enforcing against the transferee and
persons claiming under him any right in respect of the property of which the
transferee has taken or continued in possession, other than a right expressly provided
by the terms of the contract: Provided that nothing in this section shall affect the
rights of a transferee for consideration who has no notice of the contract or of the part
performance thereof.