All India Bar Examination (AIBE) Mock Test: 100 MCQ Practice Series

Under the Doctrine of Eclipse (Bhikaji Narain Dhakras v. State of M.P.), pre-constitutional laws inconsistent with fundamental rights become dormant/eclipsed, rather than void ab initio.

Because individuals are placed in differing circumstances, equal treatment applies to equals, justifying reasonable classification.

Section 15 BNS (old Sec 77 IPC) grants complete immunity to judges acting judicially in good faith.

The Bharatiya Nyaya Sanhita, 2023 (BNS) replaces the Indian Penal Code, 1860 (IPC). It was passed by Parliament and received Presidential assent on 25 December 2023. The CrPC was replaced by BNSS and the Evidence Act by BSA.

An inquiry conducted by a magistrate or court under the code constitutes a judicial proceeding since evidence can be legally taken on oath.

Section 2(1)(m) of the BNSS provides the formal statutory definition for a judicial proceeding.

Under Section 1 of the BSA, 2023, the Act applies strictly to 'judicial proceedings in or before any Court'. It does not apply to arbitration or departmental trials.

A judicial proceeding is defined as a proceeding where the object is to determine a jural relation (rights and liabilities) between parties. The BSA applies to such proceedings, but excludes affidavits, arbitration, and departmental trials. (The book answer key lists option B).

Under Section 18(1), positive assertion of that which is not true, though believed to be true, is misrepresentation, not fraud.

Section 17 Explanation provides that silence is not fraud unless there is a duty to speak, or silence is equivalent to speech, or change of facts occurs.

Judicial decisions have recognized rights such as the right of way, right to collect rent, and right to fishery as immovable property because they are benefits arising out of land. In contrast, a personal right of worship is classified as a personal privilege or movable right.

A adjudication of title or ownership between private parties in a suit for property is a judgment *in personam*, binding only on the parties to the suit and their privies, unlike judgments in probate, insolvency, or matrimonial jurisdiction which are *in rem*.

Lord Halsbury made this famous observation emphasizing the inviolability of mortgagor's right of redemption.

Section 3 of the Transfer of Property Act, 1882 defines "immovable property" negatively by providing that it does not include standing timber, growing crops, or grass. These items are regarded as movable property because they are meant to be severed from the soil within a reasonable timeframe.

A 'profit a prendre'—such as the right to enter another's land to extract soil, minerals, or timber—is a benefit arising out of land and is therefore recognized as immovable property under Section 3 of the Transfer of Property Act, 1882. Copyright, royalty, and credit are intangible movable properties.