5/27/24, 6:03 PM Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

Listen to this Article

Q 1. Based on the testimony of the prosecution witness who was not the eyewitness to the incident, the trial
court summoned the person to add as an additional accused under Section 319 of Cr.P.C. Decide.

a. Mere testimony of the prosecution witness is sufficient to invoke powers under Section 319.

b. Testimony given by the prosecution witness is not trustworthy as he wasn't an eyewitness to the incident.

Also Read - Trial Of Summons Cases Explained By Justice V Ramkumar [Part-II]

c. The degree of satisfaction is much stricter to summon a person as an additional accused.

d. Both (b) and (c)

Answer: Option (d)

https://www.livelaw.in/law-exams/important-mcqs-based-on-latest-supreme-court-judgments-for-law-examinations-258669 1/8
5/27/24, 6:03 PM Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

Explanation: The Supreme Court held that to summon a person as an additional accused invoking powers
under Section 319 of the Code of Criminal Procedure, the degree of satisfaction is much stricter. The evidence
should be such that it should lead to the conviction of the accused if it is unrebutted. Further, the court observed
that the extraordinary jurisdiction under Section 319 of Cr. P.C. could only be invoked when the evidence to
summon the accused is stronger and more reliable than the mere probability of his involvement in the crime.

Also Read - Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

S.319 CrPC | Stronger Evidence Needed To Summon Person As Additional Accused During Trial: Supreme
Court

Q 2. Recently, in the case of __________________the Supreme Court sought the establishment of the
designated authority for a given judicial examinations recruitment process with clearly defined roles, functions,
and responsibilities so that candidates can approach such a designated authority to seek clarification in case of
any doubt, and would assuage the anxiety of the candidates to a considerable extent.

Also Read - Trial Of Summons Cases Explained By Justice V Ramkumar [Part-I]

a. ABHIMEET SINHA & ORS. VERSUS HIGH COURT OF JUDICATURE AT PATNA & ORS.

b. ABHIMEET SINHA & ORS. VERSUS HIGH COURT OF JUDICATURE AT ALLAHABAD & ORS.

c. ABHINEET SINHA & ORS. VERSUS HIGH COURT OF JUDICATURE AT PATNA & ORS.

d. ABHIMEET SINHA & ORS. VERSUS HIGH COURT OF JUDICATURE AT BOMBAY & ORS.

Answer: Option (a)

Explanation: In the case of ABHIMEET SINHA & ORS. VERSUS HIGH COURT OF JUDICATURE AT
PATNA & ORS. the Supreme Court has flagged concerns about the absence of a designated authority by the
High Courts which can be approached by the candidates of judicial services examinations to seek clarification
in case of any doubt.

Also Read - Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

Judicial Service Recruitment | Supreme Court Requests High Courts To Notify An Authority Who Can Address
Doubts & Grievances Of Candidates

Q 3. As per Section 101(2) of the JJ Act, 2015, what is the prescribed time within which the appeal against the
decision of the preliminary assessment board passed under Section 15(1) of the JJ Act be filed?

https://www.livelaw.in/law-exams/important-mcqs-based-on-latest-supreme-court-judgments-for-law-examinations-258669 2/8
5/27/24, 6:03 PM Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

a. No time limit is prescribed.

b. 30 Days

c. 60 Days

d. Appeal can't be filed against the decision of the preliminary assessment board.

Answer: Option (b)

Explanation: Noting that no time limit has been prescribed under the Juvenile Justice(Care and Protection of
Children) Act, 2015 to prefer an appeal against the preliminary assessment order of the Juvenile Justice Board
(JJB), the Supreme Court in a recent judgment deemed it appropriate to fill up this gap by prescribing 30 days'
time limit for preferring an appeal against the JJB's preliminary assessment order.

Supreme Court Prescribes 30 Days Time Limit To Prefer Appeal Against Juvenile Justice Board Preliminary
Assessment Order

Q 4. The appeal was filed against the trial court decision before the First Appellate Court (FAC), however,
without framing the point of determination arising from the appeal, the First Appellate Court has examined each
issue arising out of an appeal. Decide in light of Order 41 Rule 31 of CPC.

a. FAC committed error is not a framing point of determination as it is one of the requirements under Order 41
Rule 31 of CPC.

b. Examination of each issue arising out of an appeal by FAC would not be sufficient as there's no compliance
with Order 41 Rule 31 of CPC.

c. Omission to frame point of determination is not necessary when there's substantial compliance with Order 41
Rule 31 whereby the FAC has led evidence on each issue out of an appeal.

d. Both (a) and (b)

Answer: Option (c)

Explanation: The Supreme Court held that an omission to frame points of determination by the first appellate
court as per Order 41 Rule 31 of the Code of Civil Procedure, 1908 (“CPC”) would not prove fatal as long as

https://www.livelaw.in/law-exams/important-mcqs-based-on-latest-supreme-court-judgments-for-law-examinations-258669 3/8
5/27/24, 6:03 PM Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

that first appellate court dealt with all the issues that arise for deliberation in the said appeal.

Order 41 Rule 31 CPC | Omission To Separately Frame Issues Not Fatal If Appellate Court Has Otherwise
Dealt With Them: Supreme Court

Q 5. The police have done a seizure, but haven't sent the seizure report to the magistrate 'forthwith' as per the
mandate of Section 102(3) of Cr.P.C. However, the police explained the delay in sending the report to the
magistrate. Decide.

a. The seizure would not be vitiated if there's a sufficient explanation regarding the delay caused in sending the
seizure report to the magistrate.

b. The report could be vitiated if the seizure report is not sent forthwith to the magistrate despite the police
explanation regarding the delay caused in sending the seizure report.

c. There shouldn't be a delay in sending the seizure report to the magistrate as the worth 'forthwith' is interpreted
as 'immediately'.

d. Both (b) and (c)

Answer: Option (a)

Explanation: The Supreme Court on Monday (May 13) observed that the delay in reporting the seizure report
by the police to the magistrate wouldn't vitiate the act of seizure by police under Section 102(3) of the Code of
Criminal Procedure, 1973. The court observed that although the law requires the police to send the seizure
report to the magistrate 'forthwith' (came to be interpreted as 'as soon as possible') but the delay in sending the
report to the magistrate wouldn't vitiate the act of seizure by the police altogether if there's a sufficient
explanation by the police explaining the delay caused in sending the seizure report to the magistrate.

S. 102(3) Cr.P.C. | Police Seizure Wouldn't Get Vitiated Altogether Due To Delayed Reporting To Magistrate:
Supreme Court

Q 6. The principal contractor executed a 'power of attorney' in favor of the agent. After the death of the
principal contractor, his agent initiated the proceedings against the opposite party. The opposite party opposed
the action of the agent because the agency stands terminated on the death of the principal as per Section 201 of
the Indian Contract Act, 1872. However, the agent argued that Section 201 shouldn't be read in isolation but be
read with Section 202 when there exists an interest of the agent in the subject matter of the contract. Decide.

https://www.livelaw.in/law-exams/important-mcqs-based-on-latest-supreme-court-judgments-for-law-examinations-258669 4/8
5/27/24, 6:03 PM Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

a. In the event of the death of the principal the agency would stand terminated under Section 201, therefore, no
relief could be provided to the agent.

b. Agency wouldn't stand terminated if the agent holds interest in the contract.

c. Section 201 should be read with Section 202 when the agent holds interest in the contract.

d. Both (b) and (c)

Answer: Option (d)

Explanation: The Supreme Court observed that the death of the original contractor would not preclude the
agent (power of attorney) from initiating the proceedings arising out of the contract if the agent holds an interest
in the contract being expressly mentioned in the contract. The court opined that when the power of attorney,
being an agent, holds an interest in the contract then there wouldn't be an automatic termination of the agency
upon the death of the principal contractor under Section 201 of the Act as Section 201 of the Indian Contract
Act couldn't be read in isolation by ignoring Section 202 of the Act when the agent holds an interest in the
contract.

Agency Won't Be Terminated Upon Death Of Principal If Agent Has Interest In Property Which Is Subject
Matter Of Contract: Supreme Court

Q 7. While executing a decree, the executing court sells off the entire property of the judgment debtor without
examining whether the part selling of the judgment debtor's property could satisfy the decree. Decide.

a. The executing court doesn't commit an error while selling off the entire property of the judgment debtor in
the execution of the decree.

b. The executing courts shouldn't order the sale of the whole property when the part property could have
satisfied the decree.

c. Attaching the judgment debtor's whole property would cause a huge loss to the judgment debtor and undue
benefit to the auction purchaser.

d. Both (b) and (c)

Answer: Option (d)

https://www.livelaw.in/law-exams/important-mcqs-based-on-latest-supreme-court-judgments-for-law-examinations-258669 5/8
5/27/24, 6:03 PM Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

Explanation: In a recent judgment, the Supreme Court held that during the execution proceedings if the
attachment of the judgment debtor's property takes place, then the executing courts shouldn't order the sale of
the whole property when the part property could have satisfied the decree.

Sale Of Judgment Debtor's Whole Property Impermissible When Sale Of Part Property Can Satisfy Decree:
Supreme Court

Q 8. Upon the payment of the compensation to the rape victim by the convict, the trial court reduced the
sentence imposed on the convict by one year. Decide in light of Section 357 of Cr.P.C.

a. The sentence can be reduced upon payment of compensation to the victim by the accused.

b. Payment of compensation can become a consideration for reducing the sentence.

c. The compensation to be paid is the victim's loss or injury as a result of the offence and has nothing to do with
the sentence that has been passed.

d. Both (a) and (b)

Answer: Option (c)

Explanation: The Supreme Court held that an order for the convict to pay compensation to the victim would
not result in the reduction of the sentence imposed on the convict. “if payment of compensation becomes a
consideration for reducing sentence, then the same will have a catastrophic effect on the criminal justice
administration.”, the court said.

S. 357 Cr.P.C. | Payment Of Compensation To Victim Not A Factor To Reduce Convict's Sentence: Supreme
Court

Q 9. A female Hindu claimed ownership over the Hindu Undivided Family (HUF) Property under Section 14(1)
of the Hindu Succession Act, 1956. However, she was not in possession of the property but acquired the
property through her husband after his death. Decide.

a. She can't claim ownership over the HUF property as she was not in possession of the HUF property.

b. Mere acquiring property is sufficient to claim full ownership over the HUF property, possession isn't
necessary.

https://www.livelaw.in/law-exams/important-mcqs-based-on-latest-supreme-court-judgments-for-law-examinations-258669 6/8
5/27/24, 6:03 PM Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

c. Mere acquiring property isn't sufficient to claim full ownership over the HUF property, possession is
necessary.

d. Both (a) and (c)

Answer: Option (d)

Explanation: The Supreme Court held that for a female Hindu to claim absolute ownership of an undivided
property of a Hindu Undivided Family(HUF), she should have been in possession of the property apart from
fulfilling the condition of acquiring the property.

Hindu Succession Act | Hindu Woman Can Claim Full Ownership Of Property Under S.14(1) Only If She
Possesses It : Supreme Court

Q 10. The applicant has filed a suit seeking a permanent injunction against the opposite party restraining him
from alienating the suit property in favor of a third person. The suit property was part of the sale agreement
entered between the applicant and the opposite party. Despite, the injunction being in operation against the
opposite party, he alienated the suit property in favor of the third person. Since, the entire proceedings took
place in the State of Punjab, therefore, the opposite claimed that Section 52 of the Transfer of Property Act,
1882 (Lis pendens) would not be applicable to the State of Punjab. Decide.

a. Doctrine of lis pendens not to be enforceable in the State of Punjab as provisions of S. 52 of TPA aren't
applicable there.

b. Even if Section 52 of TPA isn't applicable in the State of Punjab, then also the doctrine of lis pendens would
be applicable there.

c. Section 52 TPA would be applicable because the principles of lis-pendens are based on justice, equity, and
good conscience.

d. Both (b) and (c)

Answer: Option (d)

Explanation: The Supreme Court held that the non-applicability of the provisions of Section 52 of the Transfer
of Property Act, 1881 (“TPA”) wouldn't bar the applicability of principles of lis-pendens, which are based on
justice, equity, and good conscience. "It is a well- nigh settled position that wherever TP Act is not applicable,

https://www.livelaw.in/law-exams/important-mcqs-based-on-latest-supreme-court-judgments-for-law-examinations-258669 7/8
5/27/24, 6:03 PM Important MCQs Based On Latest Supreme Court Judgments For Law Examinations

such principle in the said provision of the said Act, which is based on justice, equity and good conscience is
applicable in a given similar circumstance, like Court sale etc.....”, the court said.

'Lis Pendens' Doctrine Can Be Applied Even If S.52 Transfer Of Property Act Is Not Strictly Applicable In A
State: Supreme Court

(The questions are drafted by Mr. Yash Mittal. In case of doubt, he can be reached at [email protected])

https://www.livelaw.in/law-exams/important-mcqs-based-on-latest-supreme-court-judgments-for-law-examinations-258669 8/8