Bihar Judicial Service & APO Mock Test: 150 MCQ Prelims Test Series

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).

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

A sword is a sharp cutting instrument; causing even simple hurt with it constitutes voluntarily causing hurt by dangerous weapon under Section 118(1) BNS.

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.

In Puttaswamy (2017), a unanimous 9-judge bench overruled MP Sharma and Kharak Singh, holding privacy is an inalienable natural right permeating Part III and Article 21.

Champakam Dorairajan declared Madras Communal GO unconstitutional, prompting the 1st Amendment inserting Article 15(4) for socially and educationally backward classes.

Section 62 defines novation as the substitution of a new contract in place of the original contract, whereby the original contract need not be performed.

Section 56 Illustration (a) establishes that an agreement to do an act impossible in itself (like discovering treasure by magic) is void.

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.