CS EXECUTIVE - 1 - GCL TRUE / FALSE

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General and Commercial Laws (GCL)

True or False Questions for Practice
J une 2009

5. State, with reasons in brief, whether the following statements are correct or incorrect :

(i) In computing the period of limitation for an application to set aside an award, the time required for
obtaining a copy of the award shall not be excluded.

(ii) A document executed by several persons at different times may be presented for registration and
re-registration within six months from the date of each execution.

(iii) Anubhav sells a property to Balwant for Rs.5 lakh which is subject to a mortgage to Charu for
Rs.10 lakh and unpaid interest of Rs.2 lakh. Stamp duty is payable on Rs.17 lakh.

(iv) Suits for compensation for false imprisonment can be filed within two years from the date when
the imprisonment ends.

(v) Article 53 of the Constitution of India lays down that the executive powers of the Union shall be
vested in the President of India.

(vi) The rule of harmonious construction is the best rule of interpretation of any provision of any
statute.

(vii) Under certain circumstances, the court may award damages in addition to specific enforcement
of the contract.

(viii) Generally orders passed by the court under the Code of Civil Procedure, 1908 are not
appealable but there are certain exceptions to it.

Answers Q.5

(i) Incorrect : As per section 12 of the Limitation Act, in computing the period of limitation for an
application to set aside an award the time required for or obtaining a copy of the award shall be
excluded.

(ii) Incorrect : As per Section 24 of the Registration Act, 1908 in case there are several executants,
operating at various times to execute a document, the document can be presented for
registration and re-registration within 4 months from the date of each execution.

(iii) Correct : As per Section 24 of the Registration Act, 1908.

(iv) Incorrect : The period prescribed as per Part VII of the Schedule to the Limitation Act, 1963 is of
1 year, which is to be computed from the date when the imprisonment ends.

(v) Correct : These powers are vested in the President of India as per the Constitution of India,
subject to the limitations prescribed there in.

(vi) Correct : This rule of interpretation allows the scope for applying all the provisions of the statute.

(vii) Correct : The Court might award damages in addition to specific enforcement of the contract,
when some damages have already been incurred and need to be compensated.

(viii) Correct : There are 4 types of appeals provided under the Code of Civil Procedure, 1908.

December 2009
No true / false questions were asked in December 2009 Examinations.
CS EXECUTIVE - 2 - GCL TRUE / FALSE
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J une 2010

6. State, with reasons in brief, whether the following statements are correct or incorrect:

(i) The Constitution of India makes a few exceptions in which the Parliament is authorised to make
the laws even on the subjects included in the State List.

(ii) Article 174 of the Constitution of India empowers the Governor of the State to dissolve the State
Legislature.

(iii) The Right to Information Act, 2005 confers on all citizens of India a right to information.

(iv) Certain categories of information have been exempted from disclosure under the Right to
Information Act, 2005.

(v) Under certain circumstances, a person is liable for the torts committed by another.

(vi) On the same cause of action, a fresh suit is barred by law.

(vii) Decree is a formal expression of an adjudication, whereas an order is the decision of the court.

(viii) The procedure provided under any special or local law is not affected by the procedure given
under the Code of Civil Procedure, 1908.

Answers Q.6

(i) Correct. When the states refer the matter to the Union or when in a state of emergency.
(ii) Correct. This happens when the state Assembly is unable to function properly.
(iii) Correct. As per the RTI Act, subject to certain provisions.
(iv) Correct. According to Section 8 of the RTI Act.
(v) Correct. In the cases of vicarious liability.
(vi) Correct. As per Sections 10, 11, 12 of the Code of Civil Procedure.
(vii) Correct. As per the definitions given in Sections 2(2) and 2(14) of the Code of Civil Procedure.
(viii) Correct. As per Section 4 of the Code of Civil Procedure.

December 2010

6. State, with reasons in brief, whether the following statements are true or false :

(i) Certain categories of information have been exempted from disclosure under the Right to
Information Act, 2005.

(ii) Article 174 of the Constitution of India empowers the Governor of a State to dissolve the State
Legislature.

(iii) Arbitration is the means by which the parties to a dispute get it settled through the intervention of
a third person.

(iv) The limitation for taking cognizance of certain offences has been prescribed by the Code of
Criminal Procedure, 1973.

(v) If the parties to arbitration fail to determine the number of arbitrators, the arbitral tribunal shall
consist of three arbitrators.

(vi) An easement can be transferred apart from dominant heritage.

(vii) The doctrine of part-performance is applicable only where the transferee has taken possession of
the immovable property.

CS EXECUTIVE - 3 - GCL TRUE / FALSE
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(viii) A judicial proceeding under the Code of Criminal Procedure, 1973 includes inquiry, trial and
investigation.

Answers Q.6

(i) Correct: Under Section 8 of the Right to Information Act, 2005 certain categories of information
have been exempted from disclosure.

(ii) Correct: Article 174(2) of the Constitution expressly vests in the Governor the power of
dissolving State Legislature.


(iii) Correct: Arbitration is the means by which parties to a dispute get the same settled through the
intervention of a third person (or more persons) but without recourse to a court of law.

(iv) Correct; Chapter XXXVI of the CR.P.C prescribes limitation period for taking cognizance of
certain offences.

(v) Incorrect: As per Section 10 of the Arbitration and Conciliation Act, 1996 if the parties failed to
determine the number of arbitrators, the arbitral tribunal shall consist of a sole arbitrator.

(vi) Incorrect : An easement cannot be transferred as apart from the dominant heritage. It is a right
ancillary to the enjoyment of the land and cannot be separated from it.

(vii) Incorrect: All the ingredients of Section 53A of the Transfer of Property Act, 1882 should be
present.

(viii) Incorrect : The term judicial proceeding includes inquiry and trial but does not include
investigation. [Section 2(i)] of the Cr.P.C]

J une 2011

6. State, with reasons in brief, whether the following statements are true or false :

(i) A contract which is dependent upon the personal qualifications can be specifically enforced.

(ii) 'Arbitral tribunal' means a sole arbitrator or a panel of arbitrators.

(iii) A mere right to sue can be transferred.

(iv) A complaint in a criminal case is what a plaint is in a civil case.

(v) In a declaratory decree, the right of any person to any property or his legal character is
ascertained.

(vi) A writ of certiorari is issued to prevent a lower court from usurping jurisdiction which is not legally
vested in it.

(vii) All documents produced for the inspection of the court are known as documentary evidence.

(viii) An instrument not 'duly stamped' can be accepted in evidence by an arbitral tribunal.

Answers Q.6

(i) False. As per Section 14 of the Specific Relief Act, contracts of personal volition or qualification
cannot be specifically enforced, as the quality of work performance cannot be ensured, nor can
the continuity be ensured.

(ii) True. As per Section 2 (1) (d) and Section 10 of the Arbitration and Conciliation Act, 1996
CS EXECUTIVE - 4 - GCL TRUE / FALSE
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(iii) False. As per Section 6 (e) of the Transfer of Property Act.

(iv) True. A complaint in CrPC means a complaint made to a magistrate. It is defined in Section 2(d)
of CrPC. As per the section it means any allegation made orally or in writing to a Magistrate, with
a view to his taking action under this Code, that some person, whether known or unknown, has
committed an offence, but does not include a police report.

(v) True. A declaratory judgment is a judgment of a court which determines the rights of parties
without ordering anything be done or awarding damages.

(vi) False. A writ of certiorari is issued to question what right the person acquiring any powers have
to acquire them. Where they exceed their legal authority, they can be questioned using this writ.

(vii) True. As per Section 3 of the Indian Evidence Act.

(viii) True. An instrument not 'duly stamped' can be accepted in evidence by an arbitral tribunal, but
only after having paid the requisite penalty.

December 2011

7. State, with reasons in brief, whether the following statements are true or false :

(i) Actionable claim as defined in the Transfer of Property Act, 1882 is a property and transferable.

(ii) The provisions relating to fundamental rights given in the Constitution of India are subject to
amendment.

(iii) Arbitration is the means by which the parties to a dispute get the same settled through the
intervention of a third person.

(iv) The limitation for taking cognizance of certain offences has been prescribed by the Code of
Criminal Procedure, 1973.

(v) Where a suit is pending in the jurisdictional civil court, a fresh suit cannot be proceeded with on
the same cause of action between the same parties in another court in India.

(vi) Questions arising between the parties and the representatives relating to execution, satisfaction
and discharge of the decree will be decided by the executing court.

(vii) Any person who is aggrieved by a decision of the Public Information Officer (PIO) may file an
appeal under the Right to Information Act, 2005.

(viii) Under the provisions of the Code of Criminal Procedure, 1973, the magistrate is empowered to
issue search warrant for searching a document, parcel or other things in the custody of the postal
or telegraph authority.

Answers Q.7

(i) True : As per the definition of Section 3 of the Transfer of Property Act, 1882, actionable claim
includes all kinds of unsecured debts and beneficial interest in movable property which is not in
the possession of claimant. Actionable claim can be transferred by execution of an instrument in
writing signed by the transferor or his duly authorized agent.

(ii) True: As per the case of Kesavananda Bharti v. State of Kerala (AIR 1973 SCC 225). It was
decided that the 24th Constitutional Amendment is entirely valid and that the Parliament can
amend any part of the Constitution including Fundamental Rights. However, the basic structure
or framework of the Constitution cannot be changed.

CS EXECUTIVE - 5 - GCL TRUE / FALSE
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(iii) True : Under the Arbitration And Conciliation Act, 1996 parties to a dispute can by agreement
appoint the Arbitrator who settles their dispute outside the court. The parties rely on the
judgement of Arbitrator and show their willingness to accept the decision.

(iv) True : Section 468 in The Code Of Criminal Procedure, 1973 as quoted, says that there is a
bar to taking cognizance after lapse of the period of limitation.
(1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of
an offence of the category specified in sub- section (2), after the expiry of the period of
limitation.
(2) The period of limitation shall be-
(a) six months, if the offence is punishable with fine only
(b) one year, if the offence is punishable with imprisonment for a term not
exceeding one year;
(c) three years, if the offence is punishable with imprisonment for term exceeding
one year but not exceeding three years.

(v) True : This is as per Section 10 of the Code of Civil Procedure, 1908 which deals with the
doctrine of res sub judice. This doctrine helps in avoiding duplicity of cases, and prevents
opposing judgements being reached in same matters (Section 10 of the Code of Civil Procedure,
1908). When such a case arises, generally a stay operates on the second or following suit.

(vi) True : Section 47 Sub-section (1) - Questions to be determined by the Court executing decree -
All questions arising between the parties to the suit in which the decree was passed, or
their representatives, and relating to the execution, discharge or satisfaction of the decree, shall
be determined by the Court executing the decree and not by a separate suit.


(vii) True : Section 19 of the Act provides for appeal prvisions wherein in case the public authorities
are not doing their work properly or not providing the information, an appeal may be preferred.
Sec 19 of the Act provides two tier system of appeals- first appeal and second appeal.One may
file a complaint with SIC/CIC against Public Authority, Public Information Officer [PIO] and First
Appellate Authority [FAA] for enquiring and taking corrective steps in respect of majority of
problems that the applicant may face in getting information to which he is entitled to under this
act.

(viii) False : As per Section 93 Sub-Section (3), nothing contained in this section shall authorize any
Magistrate other than a District Magistrate or Chief Judicial Magistrate to grant a warrant to
search for a document, parcel or other thing in the custody of the postal or telegraph authority. It
might however, be issued by a magistrate other than a District Magistrate or Chief Judicial
Magistrate.