MP Judicial Service (MPJS) Mock Test: 110 Law MCQ Prelims Test 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 7 BNS (old Sec 60 IPC) allows the court discretion to direct that imprisonment be wholly rigorous, wholly simple, or that any part of such term shall be rigorous and the rest simple.

Under Section 8(4) BNS (old Sec 66 IPC), default imprisonment may be of any description (rigorous or simple) with which the offender might have been sentenced for the substantive offence.

Since criminal procedure falls within the Concurrent List, Parliament holds primary legislative competence, though state amendments can also be made subject to Article 254 of the Constitution. However, the correct option provided in the source answer key is (b).

Section 2(1)(h) allows a complaint to be made either orally or in writing to a magistrate with the intent of invoking penal action against an offender.

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*.

An equity of redemption is an intangible immovable property right attached to land. A hut imbedded in the earth is attached to the earth and constitutes tangible immovable property. Thus both 1 and 2 are immovable property.

Section 35 provides that where an owner elects against the transfer, compensation must be paid to the disappointed transferee (1) in all cases where transfer is for consideration, and (2) in gratuitous transfers where transferor died or became incapable before election.

Section 51 provides that a transferee in good faith under defective title who makes improvements is entitled to either have the value of improvements estimated and paid by the evictor or require the evictor to sell his interest.