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Past Questions
Section 17 of the Mizo Marriage Divorce and Inheritance of property act 2014, provided that a child below the age of __________shall be in the custody of the mother unless the mother is found unfit by the Court for reasons to be recorded in writing as the custodian of the child.
A)
One year
B)
Two years
C)
Three years
D)
Four years
According to Section 17 of the Mizo Marriage Divorce and Inheritance of Property Act, 2014, the law establishes a presumption regarding the custody of young children. The Act specifically provides that a child below the age of two years shall be in the custody of the mother. This custody is guaranteed unless the Court finds the mother unfit to be the custodian, in which case the Court must record the reasons for such a finding in writing. This provision is designed to protect the welfare of the infant and ensure the necessary maternal care during the critical early stages of development.
As given under Section 25(2) of MMA 2007, the Joint Committee shall consist of the following members: 1. two nominees of each constituent Municipality or local authority, 2. one nominee of each of the concerned Departments of the State Government or of the concerned Municipalities or of the concerned local authority, 3. such expert or experts as the State Government may nominate, 4. Director of Local Bodies who shall also act as a convener of the Committee.
A)
1, 2,3& 4 are the correct answer
B)
1,2, & 3 are the correct answer
C)
1, 2& 4 are the correct answer
D)
2,3 & 4 are the correct answer
According to Section 25(2) of the Mizoram Municipalities Act (MMA) 2007, the composition of the Joint Committee is specifically defined to ensure representation from all stakeholders involved in the administration of municipal areas. The provision mandates the inclusion of: (1) two nominees from each constituent Municipality or local authority to ensure local representation; (2) one nominee from each concerned State Government Department or local authority to ensure administrative coordination; (3) experts nominated by the State Government to provide technical guidance; and (4) the Director of Local Bodies, who serves as the convener to manage the committee's proceedings. Since all four listed points are explicitly required by the statutory provision of Section 25(2), option 'a' is the correct choice.
Under the Mizoram Municipalities Act, 2007 “District Magistrate” means the District Magistrate referred to in ___________________________.
A)
sub-section (1) of section 20 of the Code of Criminal Procedure, 1973 (2 of 1974);
B)
sub-section (1) of section 20 of the Civil Procedure Code, 1908 (2 of 1974);
C)
Both (a) & (b)
D)
None of the above
Under the Mizoram Municipalities Act, 2007, the definitions section (Section 2) defines the 'District Magistrate'. In Indian administrative and municipal law, the role of the District Magistrate is traditionally linked to the powers and appointments defined under the Code of Criminal Procedure (CrPC). Specifically, Section 20 of the Code of Criminal Procedure, 1973, deals with the appointment and powers of the Executive Magistrates, including the District Magistrate. Option (b) is incorrect because the Civil Procedure Code (CPC) governs civil litigation and court procedures, not the administrative appointment of the District Magistrate. Therefore, the legal reference for the definition of 'District Magistrate' in this Act is the CrPC.
A woman leaving her husband on “mâk’ or “kawngka sula mâk” shall have a share of the acquired property and shall be given a share not exceeding ____________of the acquired property.
A)
twenty percent
B)
thirty percent
C)
forty percent
D)
fifty percent
Under the Mizo Marriage Divorce and Inheritance of Property Act, specific provisions are made for the division of acquired property in cases of separation. When a woman leaves her husband on 'mâk' or 'kawngka sula mâk' (traditional terms referring to specific types of separation or abandonment), the law stipulates that she is entitled to a share of the property acquired during the marriage. According to the statutory limits set within the Act for these specific circumstances, the share granted to the woman shall not exceed thirty percent of the acquired property. Options a, c, and d are incorrect as they do not align with the specific percentage prescribed in the legal text of the Act for this scenario.
According to Section 24(3), the Municipality shall form a Local Council in every, locality within the ward for matter of local and internal nature according to the Mizo traditions, customs and practices and such other matters necessary for effective functioning of the local councils. This provision was substituted vide __________________.
A)
GOM Notification No. H.12018/120/03-LJD, of 19.11.2009
B)
GOM Notification No. H.12018/120/03-LJD, of 19.11.2008
C)
GOM Notification No. H.12018/120/03-LJD, of 19.11.2007
D)
GOM Notification No. H.12018/120/03-LJD, of 19.11.2010
Section 24(3) of the Mizoram Municipalities Act deals with the formation of Local Councils within wards to handle matters of a local and internal nature in accordance with Mizo traditions, customs, and practices. This specific provision was substituted by the Government of Mizoram (GOM) via Notification No. H.12018/120/03-LJD dated 19th November 2008. Options a, c, and d are incorrect as they list the wrong years (2009, 2007, and 2010 respectively) for the specific notification that amended this section of the Act.
Section 24 MMA 2007 mentioned the formation of Special Committee, Section 24 ___________, allows that, any person who is not a Councillor but possess special qualifications useful for the purpose of a committee as aforesaid may be associated therewith as its member.
A)
Sub-clause (1)
B)
Sub-clause (2)
C)
Sub-clause (3)
D)
Sub-clause (4)
Under the Mizoram Municipalities Act, 2007, Section 24 deals with the formation of committees. Sub-section (1) generally outlines the power of the Municipality to constitute committees for specific purposes. Sub-section (2) specifically provides the provision that allows the Municipality to associate persons who are not Councillors but possess special qualifications useful for the purpose of the committee as members of that committee. This ensures that technical or professional expertise can be brought into municipal governance without requiring the person to be an elected representative.
Under the Mizoram Municipalities Act, 2007. ‘quorum’ for a meeting means ____________of the total number of councillors holding office for the time being;
A)
50 percent
B)
One-third
C)
Two-third
D)
70 Percent
According to the Mizoram Municipalities Act, 2007, the 'quorum' for a meeting of the Municipality is defined as one-third of the total number of councillors holding office for the time being. This means that for a meeting to be legally valid and for decisions to be officially recorded, at least 33.3% (one-third) of the active councillors must be present. Options a (50 percent), c (Two-third), and d (70 Percent) are incorrect as they exceed the statutory minimum requirement established by the Act for the conduct of municipal business.
Under section 19, Every petition under the Mizo Marriage Divorce and Inheritance of property act shall be presented to the court within the local limits of whose original jurisdiction: 1. the marriage was solemnized 2. the respondent, at the time of the presentation of the petition resides 3. the parties to the marriage last resided together; 4. the petitioner, at the time of the presentation of the petition resides
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
Section 19 of the Mizo Marriage Divorce and Inheritance of Property Act specifies the jurisdiction of the court for the presentation of petitions. According to the legal provisions governing matrimonial disputes under this Act, a petition can be filed in a court within whose local limits: (1) the marriage was solemnized; (2) the respondent resides at the time of the presentation of the petition; (3) the parties to the marriage last resided together; or (4) the petitioner resides at the time of the presentation of the petition. Since all four conditions listed in the question are valid grounds for determining the original jurisdiction of the court, option 'a' is the correct choice.
Attachment of movable property other than agricultural produce in possession of the Certificate-debtor is given under __________.
A)
Section 12
B)
Section 13
C)
Section 14
D)
Section 15
The Mizoram Public Demands Recovery Act is modeled after the Public Demands Recovery Act, 1962 (and similar state-specific adaptations). Under this legal framework, the process for the recovery of certificates is detailed in specific sections. Section 12 typically deals with the attachment of agricultural produce. Section 13 specifically provides for the 'Attachment of movable property other than agricultural produce in possession of the certificate-debtor'. This section empowers the Certificate-officer to attach and sell movable property to satisfy the demand. Section 14 generally deals with the attachment of immovable property, and Section 15 often pertains to the sale of attached property or specific prohibitions.
Under _________________,the Government may abolish a Village Council if the population of the village has become too small to have Village Council of its own or if in its opinion, there is an exigency to amalgamate two or more Village Councils on the ground of administrative convenience, in such a situation the village shall be integrated into the nearest village having a Village Council under sub-section (1) or as arranged by the Government.
A)
Section 3 (2)
B)
Section 3 (3)
C)
Section 3 (4)
D)
Section 3 (5)
According to the Mizoram Village Councils Act, Section 3 deals with the establishment and constitution of Village Councils. Specifically, Section 3(1) provides for the establishment of a Village Council for every village. Section 3(3) empowers the Government to abolish a Village Council under two specific conditions: 1) if the population of the village has become too small to justify its own council, or 2) if there is an administrative exigency to amalgamate two or more Village Councils for convenience. In such cases, the abolished village is integrated into the nearest existing Village Council or as otherwise arranged by the Government. Section 3(2) typically deals with the definition or boundaries, and subsequent sub-sections deal with other administrative adjustments, making 3(3) the precise legal provision for abolition and amalgamation.
Section _____________, proviso states that, there shall be a preliminary publication of such electoral roll after preparation or revision, to be followed by final publication after disposal of claims and objections in the manner prescribed.
A)
Twenty-Seven
B)
Twenty-Eight
C)
Twenty-Nine
D)
Thirty
Under the Mizoram Municipalities Act, the process for the preparation and revision of electoral rolls is detailed in the sections pertaining to elections. Section 28 specifically deals with the preparation and revision of the electoral roll. The proviso to Section 28 mandates a two-step publication process: first, a 'preliminary publication' of the roll to allow citizens to review their inclusion or exclusion, followed by the 'final publication' once all claims and objections have been legally disposed of according to the prescribed manner. Section 27 typically deals with the registration of voters, while Sections 29 and 30 deal with subsequent administrative procedures or the electoral college/ward divisions, making Section 28 the correct legal reference for the publication sequence of the roll.
In exercise of the powers conferred by Sub-Section (3) of Section 1 of the Mizoram Public Demands Recovery Act, 2001 (Act No. 11 of 2001), the Governor of Mizoram is pleased to appoint the ______________as the date and from which the said Act shall come into force throughout the whole of Mizoram.
A)
1st day of September, 2004
B)
2nd day of September, 2004
C)
3rd day of September, 2004
D)
4th day of September, 2004
The Mizoram Public Demands Recovery Act, 2001 (Act No. 11 of 2001) was enacted by the Mizoram Legislative Assembly. According to the official notification issued by the Government of Mizoram under the powers conferred by Sub-Section (3) of Section 1 of the Act, the Governor appointed the 1st day of September, 2004, as the date from which the Act came into force throughout the state of Mizoram. Options b, c, and d are incorrect as they do not correspond to the official commencement date specified in the government notification.
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).
Jurisdiction of Village Council – include: 1. Allotment of Lo and Leipui (jhum) 2. Power to collect Animal Tax 3. The Village Councils are empowered to collect property tax within their respective jurisdictions on such items, and at such rates, as may be determined by the State Government from time to time: 4. Subject to the approval of the State Government or authorised official in this behalf, the Village Councils shall have the power to collect user charge at such rates as may be proposed by Vântlâng Inkhâwm on any public asset and service, created out of public funds or from any other sources, for the purpose of augmenting revenues.
A)
1, 2, 3 &4 are correct
B)
1,2 &3 are correct
C)
1& 3 are correct
D)
1,2 & 4 are correct
Under the Mizoram (Village Councils) Act, the jurisdiction and powers of the Village Council are designed to ensure local governance and revenue generation for community development.
1. **Allotment of Lo and Leipui (jhum):** The Village Council is traditionally and legally responsible for the management and allotment of jhum lands (Lo and Leipui) within its jurisdiction to ensure equitable distribution among villagers.
2. **Power to collect Animal Tax:** The Act empowers Village Councils to levy and collect specific local taxes, including taxes on animals, to fund local administration.
3. **Property Tax:** The Village Councils are authorized to collect property taxes on items and at rates determined by the State Government, acting as the local implementing agency for these levies.
4. **User Charges:** To augment revenue, the Village Council can collect user charges on public assets or services (created via public funds or other sources), provided the rates are proposed by the Vântlâng Inkhâwm (Village Assembly/Committee) and approved by the State Government or an authorized official.
Since all four statements accurately describe the powers and jurisdiction of the Village Council as per the statutory framework of the Mizoram (Village Councils) Act, option 'a' is the correct choice.
The law relating to limitation of suits is governed by:
A)
Transfer of Property Act
B)
Limitation Act, 1963
C)
Indian Contract Act
D)
CPC itself
The law governing the time limit within which a suit, appeal, or application must be filed in court is specifically provided under the Limitation Act, 1963. This Act prescribes the period of limitation for various types of legal actions to ensure that litigation is not delayed indefinitely.
Why other options are incorrect:
- a. Transfer of Property Act: This act deals with the transfer of immovable and movable property (e.g., sale, mortgage, lease, gift) and does not prescribe time limits for filing suits.
- c. Indian Contract Act: This act governs the formation, performance, and breach of contracts, but the time limit to sue for a breach of contract is determined by the Limitation Act.
- d. CPC itself: The Code of Civil Procedure (CPC) provides the procedure and machinery for the conduct of trials in civil courts, but it does not contain the specific limitation periods for filing suits; it refers to the Limitation Act for that purpose.
Under section 30, The civil court having _____________over the area where the legatee resides shall have the power: (i) to grant probate of the original will be produced before him by the executor regardless of the place where the property situates. (ii) to grant heirship certificate in respect of any property as per Schedule IV. (iii) to adjudicate upon any dispute arising out of and within the scope of this Act.
A)
Original jurisdiction
B)
Pecuniary jurisdiction
C)
Territorial jurisdiction
D)
None of the above
The question refers to Section 30 of the Mizo Marriage Divorce and Inheritance of Property Act. In legal terminology, when a statute specifies that a court has power based on the 'area where the legatee resides,' it is referring to the geographical boundaries within which the court has authority. This is known as 'Territorial Jurisdiction.'
1. Territorial Jurisdiction (Option c): This refers to the authority of a court to hear a case based on the geographic location of the parties or the property involved. Since the clause specifies 'over the area where the legatee resides,' it directly relates to territory.
2. Original Jurisdiction (Option a): This refers to the power of a court to hear a case for the first time, rather than on appeal. While the civil court may have original jurisdiction, the specific qualifier 'over the area' points to territory.
3. Pecuniary Jurisdiction (Option b): This refers to the authority of a court based on the monetary value of the suit. The text provided does not mention a monetary threshold.
Therefore, the correct term to fill the blank is 'Territorial jurisdiction'.
As per section 30 MPDR Act, where the property is immovable, a copy of the warrant of attachment shall be served in ___________on the Certificate-debtor.
A)
Form No.4
B)
Form No.5
C)
Form No.6
D)
Form No.7
The Mizoram Public Demands Recovery Act (MPDR Act) follows the procedural framework of the Public Demands Recovery Act, 1811 (and its subsequent state adaptations). Under Section 30 of the Act, which deals with the attachment of property, specific forms are prescribed for different types of notices and warrants. When the property to be attached is immovable, the law requires that a copy of the warrant of attachment be served upon the Certificate-debtor. According to the prescribed schedules of forms accompanying the Act, Form No. 6 is the specific form used for the service of the warrant of attachment in cases of immovable property. Form No. 4 and 5 typically relate to the initial notice of demand and other preliminary summons, while Form No. 7 relates to different stages of the recovery process.
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.
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.
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.
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.
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.
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.
‘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.
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.