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Past Questions — 2025
Under ____________ ‘Public demand’ means any arrear or money payable or due to the Government, or to any Scheduled Bank or financial institution approved by the Reserve Bank of India, and includes any money recoverable as arrear of land revenue by any law in force or by any lawful and valid agreement with the Government of such Banks or financial institution.”
A)
Section 2(h)
B)
Section 2(i)
C)
Section 2(j)
D)
Section 2(k)
The Mizoram Public Demands Recovery Act is designed to provide a streamlined legal mechanism for the recovery of dues owed to the government and authorized financial institutions. In the interpretation clause of the Act, 'Public Demand' is specifically defined to encompass arrears of money payable to the Government, Scheduled Banks, or RBI-approved financial institutions, as well as money recoverable as land revenue. According to the statutory definitions provided in the Act, this specific definition is contained under Section 2(h). Options b, c, and d refer to other definitions within the interpretation section (Section 2) of the Act which cover different terms (such as 'Presiding Officer' or 'Certificate'), making Section 2(h) the only correct legal reference for the definition of 'Public demand'.
Revision can be filed under which section of CPC?
A)
Section 96
B)
Section 100
C)
Section 115
D)
Section 152
Under the Code of Civil Procedure (CPC), 1908, the power of Revision is specifically provided under Section 115. This section empowers the High Court to call for the record of any case decided by a subordinate court in a proceeding in which no appeal lies, to ensure that the subordinate court has exercised its jurisdiction legally—specifically to check if the court exercised jurisdiction not vested in it, failed to exercise jurisdiction vested in it, or acted with material irregularity.
Analysis of other options:
- Option (a) Section 96: Deals with the 'Right to Appeal' from original decrees.
- Option (b) Section 100: Deals with the 'Second Appeal' to the High Court.
- Option (d) Section 152: Deals with the 'Correction of clerical or arithmetical mistakes' in judgments, decrees, or orders.
The executive council shall not grant permission to construct or reconstruct a building unless and until it has approved of the site on an application made under __________.
A)
Section 127
B)
Section 128
C)
Section 129
D)
Section 130
Under the Mizoram Municipalities Act, the regulation of building construction is strictly governed to ensure urban planning and safety. Section 129 specifically deals with the application for the approval of the site. According to the legal framework of the Act, the Executive Council is prohibited from granting permission for the construction or reconstruction of any building unless the site has been formally approved following an application submitted under Section 129. This ensures that the land is suitable for the proposed construction and complies with zoning and municipal bylaws before building permits are issued.
Under the Mizo marriage divorce and inheritance of property act 2014, a proceeding for judicial separation shall not exceed a period of ___________and after the expiry of six months, the Court shall pronounce dissolution of marriage within a period of sixty days.
A)
Two years
B)
One year
C)
Nine months
D)
Six months
Under the Mizo Marriage, Divorce and Inheritance of Property Act, 2014, the law provides a mechanism for judicial separation as a precursor or alternative to divorce. According to the statutory provisions regarding the timeline for judicial separation, the proceeding for judicial separation shall not exceed a period of one year. If the parties do not reconcile and the conditions for dissolution are met, the Act specifies that after the expiry of six months (of the separation period), the Court shall pronounce the dissolution of marriage within a period of sixty days. Therefore, the maximum period for the proceeding mentioned in the first blank is one year.
As per section 16 MPDR Act, where the property to be attached is agricultural produce, the attachment shall be made by__________.
A)
actual seizure of the crops
B)
actual seizure of the crops and affixing a copy of the warrant of attachment
C)
affixing copy on the outer door and date for actual seizure of the crops
D)
affixing a copy of the warrant of attachment
Under the Public Demands Recovery Act (which is based on the model Public Demands Recovery Act adopted by various states including Mizoram), Section 16 specifically deals with the attachment of agricultural produce. According to the legal procedure for attaching crops, since actual physical seizure of standing crops is impractical until they are harvested, the law stipulates that the attachment is legally effected by affixing a copy of the warrant of attachment to a conspicuous part of the property or the land. This serves as a legal notice that the produce is under attachment. Options a, b, and c are incorrect because actual seizure is not the primary method of initiating attachment for standing crops, and affixing the warrant to a 'door' (option c) is not the standard legal requirement for agricultural land.
Section 31 states that, any person aggrieved by any order of the Municipal Electoral Registration Officer with regard to any entry in, omission from, the electoral roll may, within fifteen days from the date of final publication of the electoral roll appeal to the District Municipal Election Officer. The decision of such appellate authority _____________.
A)
shall not be final and will be appealable to the High Court of the concern state.
B)
shall not be final and will be appealable to the Election Commission of India.
C)
shall be final and binding.
D)
shall be final and binding only when both parties agree to the terms.
Under the Mizoram Municipalities Act, Section 31 outlines the process for appealing decisions made by the Municipal Electoral Registration Officer regarding the electoral roll. The process allows an aggrieved person to appeal to the District Municipal Election Officer within fifteen days of the final publication of the roll. In administrative law governing municipal elections in this jurisdiction, the decision of the designated appellate authority (the District Municipal Election Officer) is intended to be conclusive to ensure the timely conduct of elections and the finality of the voter list. Therefore, the decision of such appellate authority shall be final and binding.
As per section _______________, the State Election Commission shall stipulate timeline for holding of the first meeting of the new Village Council for formation of new Executive Committee in the schedule of its notice of Elections. The first meeting of the new Village Council shall be conducted by an authorised official appointed by the State Government, in such manners as may be prescribed.
A)
Section 10
B)
Section 11
C)
Section 12
D)
Section 13
Under the Mizoram (Village Councils) Act, Section 12 specifically deals with the procedures following the election of the Village Council. It mandates that the State Election Commission must stipulate the timeline for the first meeting of the new Village Council in its election notice. This first meeting is critical as it is where the new Executive Committee is formed. Furthermore, the section specifies that this inaugural meeting must be conducted by an authorized official appointed by the State Government to ensure the legality and order of the proceedings. Sections 10 and 11 typically deal with the composition and qualification/disqualification of members, while Section 13 usually pertains to the functions or terms of office, making Section 12 the precise legal reference for the conduct of the first meeting.
Attachment of debt, share and other movable property not in possession of a Certificate Debtor is given under________.
A)
Section 15
B)
Section 16
C)
Section 17
D)
Section 18
The Mizoram Public Demands Recovery Act is based on the Public Demands Recovery Act, 1962 (and similar state-specific adaptations). Under this legal framework, the procedure for the recovery of certificates is detailed in specific sections. Section 15 typically deals with the attachment of movable property in the possession of the certificate debtor. Section 16 specifically provides the legal mechanism for the 'Attachment of debt, share and other movable property not in possession of a Certificate Debtor,' allowing the Certificate-officer to bring such properties under attachment by notifying the third party holding the property or debt. Section 17 and 18 generally deal with subsequent processes such as the sale of attached property or specific exemptions.
The following non-indigenous person(s) shall also remain exempted from having ILP: 1. Government Advocate as well as the advocate on Defence Panel of Government with his/her family while serving in Mizoram. 2. Regular or permanent employee of the Government undertakings and Corporations shall be exempted with his/her family for entry and stay only so long as the employee is posted in Mizoram. 3. Persons or group of persons invited by the Government or Government undertakings to participate in Government sponsored programmes. In such cases; the sponsoring Department/ office shall obtain exemption certificate from Home Department, Government of Mizoram. 4. A male non-indigenous person married to an indigenous Mizo female or other indigenous female.
A)
1, 2, 3 & 4 are correct
B)
1, 2, 3 are correct
C)
1, 2, 4 are correct
D)
2, 3 & 4 are correct
Based on the Inner Line Permit (ILP) guidelines implemented by the Government of Mizoram, specific exemptions are granted to non-indigenous persons to facilitate administration and official duties.
1. Government Advocates and those on the Defence Panel are exempted along with their families while serving in the state to ensure the legal machinery functions without bureaucratic delay.
2. Regular employees of Government undertakings/Corporations are exempted along with their families for the duration of their posting in Mizoram.
3. Persons invited for Government-sponsored programs are exempted, provided the sponsoring department obtains an exemption certificate from the Home Department.
Regarding point 4: A non-indigenous person married to an indigenous Mizo female is NOT automatically exempted from the requirement of an ILP or the regulations governing non-indigenous persons. While they may apply for specific permits or residency status, they do not fall under the category of 'automatic exemption' alongside government officials and sponsored guests. Therefore, statement 4 is incorrect, making option 'b' the correct choice.
As given under section 21(2), If a man divorces his wife on ground of adultery or deprivation of his conjugal right except on health ground, she will have a share over the acquired property not exceeding _________ along with her personal property.
A)
20%
B)
25%
C)
30%
D)
40%
According to the Mizo Marriage Divorce and Inheritance of Property Act, Section 21 deals with the division of property upon divorce. Specifically, Section 21(2) stipulates that if a husband divorces his wife on the grounds of adultery or the deprivation of his conjugal rights (unless such deprivation is based on health grounds), the wife's claim to the acquired property is limited. In such cases, she is entitled to a share of the acquired property not exceeding 25%, in addition to her own personal property. This provision serves as a legal penalty or limitation on the property share when the divorce is caused by the wife's misconduct as defined in the Act.
Under section 16(2), each Village Council shall have power to exempt any person or persons from hnatlâng at its own discretion. The reason for exemption shall be recorded in writing. No person who is___________, ______________________and persons with disabilities shall be compelled to participate in any hnatlâng.
A)
sixty years or above and persons having terminal illness
B)
sixty-five years or above and persons having terminal illness
C)
sixty years or above and lunatic
D)
sixty five years or above and lunatic
According to the Mizoram (Village Councils) Act, specifically under Section 16(2), the law provides guidelines regarding 'hnatlâng' (community labor). While the Village Council has the discretionary power to exempt individuals (provided the reason is recorded in writing), the Act mandates certain absolute exemptions. The law specifies that persons who are sixty years of age or above, persons suffering from terminal illnesses, and persons with disabilities cannot be compelled to participate in hnatlâng. Therefore, option (a) correctly identifies the age threshold (60 years) and the medical condition (terminal illness) required to complete the sentence.
Under Section 42 of MMA 2007, If the validity of any election of a Councillor is called in question by any person qualified to vote at such election, such person may, at any time within _________immediately after the date of declaration of the result of the election, file a petition before the District Magistrate of the district within which the election has been or should have been held and shall, at the same time, deposit two hundred rupees in the Court as security for the cost likely to be incurred:
A)
Ten days
B)
Fifteen days
C)
One month
D)
Two months
According to Section 42 of the Mizoram Municipalities Act (MMA), 2007, which deals with the 'Election Petition', any person qualified to vote who wishes to challenge the validity of the election of a Councillor must file a petition before the District Magistrate. The statutory time limit prescribed for filing this petition is within one month immediately after the date of declaration of the result of the election. Additionally, the petitioner is required to deposit two hundred rupees as security for costs. Therefore, option (c) is the correct legal timeframe.
Under the Mizoram Public Demands Recovery Act, 2001, the process for recovering public demands is similar to the process for:
A)
Recovery of civil debts
B)
Recovery of criminal fines
C)
Recovery of arrears of land revenue
D)
Recovery of taxes on income
The Mizoram Public Demands Recovery Act, 2001, is designed to provide a streamlined mechanism for the government to recover 'public demands' (money owed to the state) without having to file a fresh civil suit for every single debt. In Indian administrative law and specifically under the Public Demands Recovery Acts (which are largely modeled after the Bengal Public Demands Recovery Act), the procedure for recovery—including the issuance of certificates, attachment of property, and sale of assets—is explicitly designed to mirror the process used for the recovery of arrears of land revenue. This allows the state to use summary proceedings rather than the lengthy process of a civil court.
- Option (a) is incorrect because civil debts require a decree from a civil court through a full trial.
- Option (b) is incorrect because criminal fines are handled under the Code of Criminal Procedure (CrPC).
- Option (d) is incorrect because income tax recovery is governed by the specific provisions of the Income Tax Act.
As per ______________the Mizo Marriage Divorce and Inheritance of property act 2014, All movable and immovable properties inherited and acquired, which is not registered in the name of any member of the family living under the same roof are deemed to be the property of the head of the family.
A)
Section 20
B)
Section 21
C)
Section 22
D)
Section 23
Under the Mizo Marriage, Divorce and Inheritance of Property Act, 2014, Section 22 specifically addresses the presumption of ownership regarding family property. It stipulates that all movable and immovable properties inherited and acquired, which are not registered in the name of any specific member of the family living under the same roof, are deemed to be the property of the head of the family. This section serves to clarify ownership disputes within a joint family setting where formal registration of individual assets may be absent.
Under which section/Order can the court refer parties to ADR?
A)
Order XX
B)
Order XXII
C)
Section 89
D)
Section 15
Section 89 of the Code of Civil Procedure (CPC), 1908, was inserted by the Amendment Act of 1999 to promote Alternative Dispute Resolution (ADR). It empowers the court to refer a pending suit to ADR mechanisms if there appear to be elements of a settlement. The four modes of ADR mentioned under Section 89 are: (1) Arbitration, (2) Conciliation, (3) Judicial Settlement through Lok Adalats, and (4) Mediation.
Why other options are incorrect:
- Order XX deals with the 'Judgment and Decree'.
- Order XXII deals with the 'Death, Marriage and Insolvency of Parties'.
- Section 15 deals with the 'Court in which suits to be instituted' (Pecuniary Jurisdiction).
If defendant refuses to accept the summons, the court may order:
A)
Arrest of defendant
B)
Substituted service
C)
Dismissal of suit
D)
None of the above
Under the Code of Civil Procedure (CPC), when a defendant refuses to accept the summons or avoids service, the court cannot simply dismiss the suit or arrest the defendant immediately. Instead, the court employs 'Substituted Service' as provided under Order V, Rule 20 of the CPC. Substituted service is ordered when the court is satisfied that the defendant is avoiding service or that the summons cannot be served in the ordinary way. This typically involves affixing a copy of the summons in a conspicuous part of the courthouse and the defendant's last known residence, or publishing the summons in a daily newspaper.
Why other options are incorrect:
- (a) Arrest of defendant: Arrest is generally a remedy for the execution of a decree or in specific cases of avoidance of arrest (Order XXXVIII), not as a primary response to the refusal of a summons.
- (c) Dismissal of suit: A suit is not dismissed simply because a defendant refuses a summons; the law provides alternative methods (substituted service) to ensure the defendant is legally notified before proceeding ex-parte.
- (d) None of the above: Incorrect because option (b) is the legally prescribed remedy.
First appeal lies under which section of CPC?
A)
Section 96
B)
Section 100
C)
Section 115
D)
Section 144
Step-by-step reasoning:
1. **Analysis of Section 96**: Under the Code of Civil Procedure (CPC), 1908, Section 96 explicitly provides that an appeal shall lie from every decree passed by any Court exercising original jurisdiction to the Court authorized to hear appeals from the decisions of such Court. This is known as the 'First Appeal'.
2. **Evaluation of Option b (Section 100)**: Section 100 deals with 'Second Appeals'. A second appeal lies to the High Court on a substantial question of law.
3. **Evaluation of Option c (Section 115)**: Section 115 pertains to the 'Revision' of cases decided by subordinate courts, which is a supervisory power of the High Court, not a first appeal.
4. **Evaluation of Option d (Section 144)**: Section 144 deals with the 'Restitution' of benefits to a party who has been disadvantaged by a decree that is subsequently reversed or modified.
Therefore, the correct provision for a first appeal is Section 96.
Temporary injunctions are granted under which Order of CPC?
A)
Order XXI
B)
Order XXXIX
C)
Order XLVII
D)
Order XXII
Under the Code of Civil Procedure (CPC), 1908, Temporary Injunctions and Interlocutory Orders are governed by Order XXXIX (Order 39). A temporary injunction is a court order that prohibits a party from doing a specific act until the final disposal of the suit, primarily to preserve the status quo of the property or right in dispute.
Analysis of options:
- Option (a) Order XXI: Deals with the 'Execution of Decrees and Orders', which is the process of implementing the court's final judgment.
- Option (b) Order XXXIX: Correct. This order specifically provides the rules for granting temporary injunctions and interlocutory orders.
- Option (c) Order XLVII: Deals with 'Review', allowing the court to reconsider a judgment or order previously passed by it.
- Option (d) Order XXII: Deals with the 'Death, Marriage and Insolvency of Parties', addressing how a suit proceeds when a party dies or becomes insolvent.
‘Pleading’ includes:
A)
Only plaint
B)
Only written statement
C)
Both plaint and written statement
D)
Only oral submissions
Under the Code of Civil Procedure (CPC), specifically Order VI, Rule 1, 'Pleading' is explicitly defined as a 'plaint or written statement'.
1. A 'Plaint' is the pleading filed by the plaintiff to initiate a lawsuit, outlining the cause of action and the relief sought.
2. A 'Written Statement' is the pleading filed by the defendant in response to the plaint, dealing with every material allegation of fact made in the plaint.
Therefore, option (c) is correct because pleadings encompass both the initiating document (plaint) and the responsive document (written statement). Options (a) and (b) are incomplete, and option (d) is incorrect because pleadings must be in writing; oral submissions are arguments, not pleadings.
If neither party appears when the suit is called for hearing, the court shall:
A)
Dismiss the suit
B)
Pass an ex-parte decree
C)
Adjourn the suit
D)
Refer the matter to arbitration
This question is governed by Order IX of the Code of Civil Procedure (CPC), 1908, which deals with the appearance of parties and the consequences of non-appearance. Specifically, Order IX, Rule 3 states that where neither party appears when the suit is called for hearing, the Court may make an order that the suit be dismissed.
Reasoning for options:
- Option (a) is correct as per Order IX Rule 3 of the CPC.
- Option (b) is incorrect because an ex-parte decree is passed under Order IX Rule 6 when the plaintiff appears but the defendant does not appear despite being served with a summons.
- Option (c) is incorrect because the law provides for dismissal in the event of mutual non-appearance, not a mandatory adjournment.
- Option (d) is incorrect because arbitration is a specific legal process governed by the Arbitration and Conciliation Act or specific agreements/court referrals under Section 89 of the CPC, and is not the default procedural result of non-appearance at a hearing.
The term ‘interlocutory application’ refers to:
A)
The main suit filed by the plaintiff
B)
An application made for interim relief during the pendency of the suit
C)
The final decree passed by the court
D)
An application for review
Step-by-step reasoning:
1. Definition: An 'interlocutory application' (IA) is a legal request made to the court while a main lawsuit is still pending (during the pendency of the suit).
2. Purpose: Its primary purpose is to seek interim or temporary relief—such as a temporary injunction, appointment of a receiver, or stay of proceedings—to protect the subject matter of the suit or the rights of the parties until the final judgment is delivered.
3. Analysis of Options:
- Option (a) is incorrect because the main suit is the primary litigation (plaint), not an application within that suit.
- Option (b) is correct as it accurately describes the nature of an IA as a request for interim relief during the pendency of the case.
- Option (c) is incorrect because a final decree is the ultimate resolution of the suit, whereas interlocutory orders are temporary and provisional.
- Option (d) is incorrect because an application for review is a post-judgment remedy to correct an error in a decree or order, rather than a request for interim relief during the trial process.
Which section deals with the execution of decrees?
A)
Section 33
B)
Section 36
C)
Section 28
D)
Section 50
Under the Code of Civil Procedure (CPC), 1908, the execution of decrees is governed by both substantive sections and procedural rules (specifically Order XXI). Section 36 specifically deals with the 'Execution of decrees', stating that the execution of a decree may be carried out by the court which passed it, or by the court to which it is sent for execution.
Analysis of other options:
- Section 33 deals with the Judgment and Decree (stating that the decree shall agree with the judgment).
- Section 28 deals with Suits for recovery of immovable property.
- Section 50 deals with the Legal Representative's liability in execution of decrees (specifically regarding the liability of a legal representative for the deceased's estate).
Therefore, Section 36 is the correct section among the given options that fundamentally addresses the execution of decrees.
Which section deals with the pecuniary jurisdiction of courts?
A)
Section 10
B)
Section 15
C)
Section 20
D)
Section 21
Under the Code of Civil Procedure (CPC), 1908, Section 15 specifically mandates that 'Every suit shall be instituted in the Court of the lowest grade competent to try it.' This section is the operational rule for pecuniary jurisdiction, ensuring that cases are filed in the court that has the legal authority to handle the monetary value of the suit, preventing higher courts from being overburdened with small-value claims.
Analysis of other options:
- Section 10 deals with 'Stay of Suit' (Res Sub Judice), which prevents parallel litigation on the same matter.
- Section 20 deals with 'Other suits to be instituted where defendants reside or cause of action arises' (Territorial Jurisdiction).
- Section 21 deals with 'Objections to jurisdiction,' outlining when and how a party can challenge the territorial or pecuniary jurisdiction of a court.
While Section 6 provides the general principle that a court cannot exceed its pecuniary limits, Section 15 is the specific procedural directive regarding where a suit must be instituted based on that pecuniary competence.
Under Order 9 of CPC, ex parte decree can be set aside if:
A)
The plaintiff was absent
B)
The defendant was prevented by sufficient cause from appearing
C)
The judge was absent
D)
None of the above
Under the Code of Civil Procedure (CPC), Order 9 deals with the appearance of parties and the consequences of non-appearance. Specifically, Order 9 Rule 13 provides the mechanism to set aside an 'ex parte' decree. An ex parte decree is passed when the defendant fails to appear in court despite being duly served with a summons. According to Order 9 Rule 13, if the defendant satisfies the court that: (1) the summons was not duly served, or (2) they were prevented by 'sufficient cause' from appearing when the suit was called for hearing, the court may set aside the decree.
Analysis of options:
- Option (a) is incorrect because if the plaintiff is absent, the suit is typically dismissed (Order 9 Rule 8), not decided ex parte against the defendant.
- Option (b) is correct as it directly mirrors the statutory requirement of 'sufficient cause' under Order 9 Rule 13.
- Option (c) is incorrect as the absence of a judge does not provide a legal ground for a party to set aside a decree already passed; it would be a matter of administrative or procedural irregularity, not a ground for setting aside an ex parte decree under Order 9.
Under _________________, every Village Council shall constitute a Biodiversity Management Committee within their jurisdiction in exercise of the powers conferred by section 41 of the Biological Diversity Act 2002 for the purpose of promoting conservation, sustainable use and documentation of biological diversity including preservation of habitats, conservation of landraces, folk varieties and cultivars, domesticated stocks and breeds of animals and micro- organisms and chronicling of knowledge relating to biological diversity:
A)
Section 13(4)
B)
Section 13(5)
C)
Section 13(6)
D)
Section 13(7)
The question refers to the powers and functions of the Village Council as outlined in the Mizoram (Village Councils) Act. Under Section 13 of the Act, which details the functions of the Village Council, subsection (6) specifically mandates that every Village Council shall constitute a Biodiversity Management Committee (BMC). This is done in exercise of the powers conferred by Section 41 of the Biological Diversity Act, 2002. The primary objective of this committee is to promote the conservation, sustainable use, and documentation of biological diversity, including the preservation of habitats, landraces, folk varieties, cultivars, and the chronicling of traditional knowledge related to biological diversity within their jurisdiction.