Local Laws MCQ Quiz - Objective Question with Answer for Local Laws - Download Free PDF

The correct answer is 'Both an appeal and a cross-objection'

Key Points

• Understanding Section 3(i) of The Rajasthan Court Fees and Suits Valuation Act, 1961:
  • Section 3(i) defines the term "appeal" within the context of the Act.
  • It includes both an appeal and a cross-objection, which means that any formal request to a higher court for a review of a lower court's decision falls under this term.
  • This broad definition ensures that both types of judicial reviews are subject to the same fee and valuation rules as stated in the Act.

Additional Information

• Option 1 - Only an appeal filed against a judgment:
  • This option is incorrect because it excludes cross-objections, which are also considered appeals under the Act.
  • Limiting the definition to only appeals against judgments would not cover all scenarios intended by the law.
• Option 2 - Only a cross-appeal filed by the respondent:
  • This option is incorrect as it narrows the definition to only cross-appeals, ignoring the primary appeals filed by appellants.
  • Both primary appeals and cross-objections are included in the Act's definition.
• Option 4 - Only the initial appeal and not the cross-objection:
  • This option is incorrect because it disregards cross-objections, which are also covered under the term "appeal" as per the Act.
  • Cross-objections are an important part of the appeals process and are treated similarly to initial appeals.

The correct answer is 'OPTION 2.'

Key Points

• Fee Computation under Section 23:
  • In a suit for possession of documents of title, the fee is computed on one-fourth of the amount or market value of the property secured by the document.
  • This method ensures that the fee is proportionate to the value of the property involved, making it fair and reasonable for litigants.
  • Section 23 of The Rajasthan Court Fees and Suits Valuation Act, 1961, specifically provides this guideline to standardize court fee calculations in such cases.

Additional Information

• Fixed fee for all documents of title:
  • This option is incorrect because the fee is not a fixed amount for all documents but varies based on the value of the property secured by the document.
• Fee structure for immovable property:
  • This option is incorrect as it may refer to different provisions applicable to suits directly involving immovable property rather than possession of documents of title.
• Total value of the document:
  • This option is incorrect as it suggests the fee is computed based on the total value of the document itself, rather than the market value of the property secured by the document.

The correct answer is 'Kerala State Beverages (Manufacturing and Marketing) Corporation Ltd.'

Key Points

• Kerala State Beverages (Manufacturing and Marketing) Corporation Ltd. (KSBC):
  • KSBC is the government-owned entity responsible for the wholesale and retail distribution of alcohol in Kerala.
  • The organization ensures that all bottles of beer and wine sold in the state are properly labeled with government-approved stickers, which include details such as excise duty and other regulatory information.
  • This process helps the government monitor and regulate the sale of alcoholic beverages, ensuring compliance with state laws and preventing illegal trade or tax evasion.

Additional Information

• Explanation of Incorrect Options:
  • The retailer: Retailers are responsible for selling the bottles to consumers, but they do not handle affixing stickers. This responsibility lies with the state-regulated body (KSBC).
  • The Excise Commissioner: While the Excise Commissioner oversees the enforcement of excise laws and taxation, they are not directly involved in the operational task of affixing stickers on bottles.
  • The bottler's private labeling agent: Private labeling agents assist bottlers in branding and packaging but are not authorized to affix government-mandated stickers, which is a regulatory task handled by KSBC.

The correct answer is ‘Only beer and wine’

Key Points

• Foreign Liquor Rules:
  • The Foreign Liquor Rules govern the possession, sale, and consumption of specific types of alcoholic beverages in a region or country.
  • Under these rules, certain alcoholic beverages are allowed for sale and possession while others may be restricted or prohibited depending on the legal framework.
• Allowed beverages under the rules:
  • The rules specifically allow the possession and sale of beer and wine under this legal framework.
  • Beer and wine are considered relatively mild alcoholic beverages compared to spirits and hard liquor, and their regulation is often less restrictive.
  • This approach is aimed at encouraging responsible consumption while minimizing the risks associated with stronger alcoholic beverages.

Additional Information

• Other options explained:
  • All kinds of foreign liquor: This option is incorrect because the rules do not permit unrestricted possession and sale of all types of foreign liquor. Stronger alcoholic beverages like hard liquor and spirits are often subject to stricter regulations.
  • Spirits and hard liquor: Spirits and hard liquors are highly intoxicating and pose greater risks for misuse, which is why they are not included in the allowed categories under the Foreign Liquor Rules.
  • Only country liquor: Country liquor refers to locally produced alcoholic beverages, which are regulated under separate provisions and are not covered under the Foreign Liquor Rules.
• Regulatory rationale:
  • The categorization of alcoholic beverages in the Foreign Liquor Rules is based on their alcohol content and societal impact.
  • Allowing beer and wine ensures a balance between promoting responsible consumption and safeguarding public health and safety.

The correct answer is 'One beer and wine counter is permitted under a single license within a hotel's licensed permit room.'

Key Points

• Explanation of one counter per license:
  • Under legal regulations governing alcohol licensing, hotels are typically allowed to operate only one beer and wine counter within their licensed permit room per license. This ensures proper monitoring and control of alcohol distribution.
  • Having a single counter under one license helps enforce compliance with local laws related to alcohol sales, preventing misuse or unregulated distribution.
  • The restriction is designed to maintain order and avoid over-commercialization of alcohol in a single establishment while ensuring accountability for license holders.

Additional Information

• Explanation of incorrect options:
  • Option 2 (Unlimited): Unlimited counters are not allowed under a single license. Such an arrangement would violate the regulations designed to control alcohol distribution and could lead to excessive commercialization and regulatory challenges.
  • Option 3 (Two): Although two counters may seem reasonable, licensing laws generally restrict it to one counter per permit to ensure stringent control and oversight of alcohol sales.
  • Option 4 (One for each floor): The law does not provide the flexibility to have one counter per floor under a single license. This would undermine the intent of strict regulation and monitoring of alcohol sales within a permit room.
• Importance of licensing laws:
  • Licensing laws are critical to maintaining a controlled and safe environment for alcohol consumption. They help prevent illegal activities such as unlicensed sales or over-serving of alcohol.
  • These regulations also ensure compliance with health and safety standards, contributing to public safety and order in establishments serving alcohol.

 Key Points

The Indian Act that makes it illegal to knowingly spread a computer virus is the Information Technology Act, of 2000.

This act was enacted to provide legal recognition for electronic transactions and to protect electronic data from unauthorized access, modification, and destruction.

Section 43 of the Information Technology Act, of 2000 specifically deals with penalties for damage to computer systems, and it includes provisions for punishing those who spread computer viruses.

• Section 43 deals with penalties for damage to computer systems and data.

• It includes provisions for punishing those who gain unauthorized access to a computer system, computer network, or computer resource.

• The section specifies punishment of imprisonment for up to three years and/or a fine of up to INR 500,000 (approximately USD 6,800) for offenses related to damage to computer systems, data, and networks.

• The section also allows for the payment of compensation for any loss or damage caused due to the offense.

• The punishment under Section 43 can be enhanced in case of repeat offenses or damage to critical infrastructure such as power grids or government computer systems

Therefore, the correct option is option 3) Information Technology Act, 2000.

​Important Points   Information Technology Act, 2000.

• The act defines various cyber crimes, which include hacking, phishing, identity theft, virus attacks, denial of service attacks, and distribution of obscene content, among others.
• The act provides legal provisions for the investigation and prosecution of these cyber crimes.
• Hacking is defined as gaining unauthorized access to a computer system, computer network, or computer resource.
• Phishing is defined as the act of fraudulently obtaining sensitive information such as passwords and credit card details by impersonating a trustworthy entity.
• Identity theft is defined as the act of fraudulently assuming another person's identity for financial gain.
• Virus attacks are defined as the act of intentionally spreading computer viruses to damage computer systems, data, and networks.
• Denial of service attacks is defined as the act of disrupting the normal functioning of a computer system or network by overwhelming it with traffic.

• The IT Act, of 2000 was enacted to provide legal recognition to electronic transactions, facilitate e-governance, and prevent cyber crimes in India.

• he acts specifies punishments for various offenses, which range from imprisonment for up to three years and/or a fine of up to INR 500,000 (approximately USD 6,800) for the first offense to imprisonment for up to ten years and/or a fine of up to INR 1 crore (approximately USD 138,000) for repeat offenses.

• The act also provides for the establishment of a Cyber Appellate Tribunal to hear appeals against orders passed by adjudicating officers appointed under the act.

In summary, the IT Act, of 2000 covers various types of cyber crimes such as hacking, phishing, identity theft, virus attacks, denial of service attacks, and distribution of obscene content, among others, and provides legal provisions for their investigation and prosecution.

Additional Information 

The Information Technology (Amendment) 2008 Act has been debated since it was passed by the Indian Parliament in December 2008, about a month after the terrorist attacks in Mumbai. The new IT Act empowers the Indian government to intercept, monitor, and decrypt computer systems, resources, and communication devices.

The objective of this Indian Penal Code is to provide a general Penal Code for India. Though this Code consolidates the whole of the law on the subject and is exhaustive on the matters in respect of which it declares the law, many more penal statutes governing various offenses have been created in addition to this code.

The correct answer is option 2.Key Points

• Section 25 of Rajasthan Rent Control Act 2001 deals with Inspection of premises.
• It says the landlord shall have a right to inspect the premises let out by him at day time after giving prior intimation of at least seven days to the tenant.
• However, such inspection shall not be carried out by the landlord more than once in three months.

The correct answer is option 3. Key Points

• Section 19 of Rajasthan Rent Control Act 2001 deals with Appellate Rent Tribunal, Appeals and limitation thereof.
• (1) The State Government shall constitute such number of Appellate Rent Tribunals and at such places as may be deemed necessary by it, by notification in the Official Gazette.
• (2) Where two or more Appellate Rent Tribunals are constituted for any area, the State Government may, by general or special order, regulate the distribution of business among them.
• (3) An Appellate Rent Tribunal shall consist of one person only (hereinafter referred to as the Presiding Officer of the Appellate Rent Tribunal) to be appointed by the High Court.
• (4) No person shall be eligible to be appointed as Presiding Officer of the Appellate Rent Tribunal unless he is a member of the District judge cadre Service having not less than three years experience as such.
• (5) Notwithstanding anything contained in sub-section (3), the High Court may authorise the Presiding Officer of one Appellate Rent Tribunal to discharge the functions of the Presiding Officer of the another Appellate Rent Tribunal also.
• (6) From every final order passed by the Rent Tribunal, an appeal shall lie to the Appellate Rent Tribunal, within the local limits of whose jurisdiction the premises is situated and such an appeal shall be filed within a period of sixty days from the date of final order alongwith copy of such final order.

The correct answer is option 3.Key Points

• Section 8 of Rajasthan Rent Control Act 2001 deals with Limited period tenancy.
• (l) A landlord may let out the premises for residential purposes for a limited period not exceeding three years.
• (2) In such cases the landlord and the proposed tenant shall submit a joint petition before the Rent Tribunal for permission to enter into the limited period tenancy and for grant of certificate for recovery of possession.
• (3) The rent tribunal shall grant permission immediately and issue certificate for recovery of possession of such premises executable on expiry of the period mentioned in the certificate. However, such permission shall not be granted for more than three times for the same premises:
  • Provided that the certificate for recovery of possession issued in this section shall lapse if petition for execution thereof has not been filed before the Tribunal within six months from the date such certificate becomes executable.

सही उत्तर है - परिश्रम का फल अवश्य मिलता है। 

• जो परिश्रमी होते हैं भले ही सफलता उन्हें देर से मिले लेकिन एक दिन अवश्य अपनी मंजिल पाने में सफल होते हैं।
• इसलिए परिश्रम का फल अवश्य मिलता है। 

Key Points
इसी लोकोक्ति से मिलता कबीर का एक दोहा भी है - 

• जिन खोजा तिन पाइया, गहरे पानी पैठ, मैं बपुरा बूडन डरा, रहा किनारे बैठ।
• अर्थात -  जो प्रयत्न करते हैं, वे कुछ न कुछ वैसे ही पा ही लेते  हैं जैसे कोई मेहनत करने वाला गोताखोर गहरे पानी में जाता है और कुछ ले कर आता है. लेकिन कुछ बेचारे लोग ऐसे भी होते हैं जो डूबने के भय से किनारे पर ही बैठे रह जाते हैं और कुछ नहीं पाते.
• ​ बिना प्रयास के लाभ होने की स्थिति को वर्णित करने के लिए हिन्दी भाषा में एक लोकप्रिय लोकोक्ति है: "आम के आम गुठलियों के दाम"। इसका अर्थ है कि मुख्य लाभ के साथ-साथ अतिरिक्त लाभ भी प्राप्त हो रहा है, बिना अतिरिक्त प्रयास के।
• काम करने में शीघ्रता दिखाने को व्यक्त करने के लिए हिन्दी लोकोक्ति है: "हाथी के पाँव में सबका पाँव।" इसका अर्थ होता है कि किसी कार्य को बहुत तेजी से और प्रभावशाली ढंग से करना। लेकिन इसे सामान्यतः ताकत और प्रभाव के सन्दर्भ में ज्यादा प्रयोग किया जाता है, जो कि शीघ्रता को भी दर्शा सकता है क्योंकि ताकतवर व्यक्ति या संगठन त्वरित निर्णय ले सकते हैं।

The correct option is The premises belonging to the Government company as defined under the Companies Act, 1956.

Key Points

• Section 3 of the Rajasthan Rent Control Act of 2001, the Chapter II and III thereof do not apply to:
  • (i) to the new premises built or completed after the commencement of this Act and let out through a registered deed in which date of completion of such premises is mentioned;
  • (ii) to the premises existing at the commencement of this Act, if let out after such commencement for a period of five years or more through a registered deed and tenancy is not terminable before expiry of its duration at the option of the landlord;
  • (iii) to any premises let out for residential purposes before or after the commencement of this Act, the monthly rent whereof is-
    • (a) rupees seven thousand or more, in the case of the premises situated in the municipal area of Jaipur city;
    • (b) rupees four thousand or more, in the case of premises let out at places situated in the municipal areas comprising the Divisional Headquarters, Jodhpur, Ajmer, Kota, Udaipur and Bikaner;
    • (c) rupees two thousand or more, in the case of premises let out at places situated in the other municipal areas to which this Act extends for the time being;
  • (iv) to any premises belonging to or let out by the Central Government or the State Government or a Local authority;
  • (v) to any premises belonging to or let out by any body corporate constituted by a central Act or a Rajasthan Act;
  • (vi) to any premises belonging to a Government Company as defined under section 617 of the Companies Act, 1956 (Central Act No. 43 of 1995);
  • (vii) to any premises belonging to the Devasthan Department of the State, Which are managed and controlled by the State Government or to any property of a Wakf, registered under Wakf Act, 1995 (Central Act No. 43 of 1995);
  • (viii) to any premises belonging to such religious, charitable or educational trust or class of such trusts as may be specified by the State Government by notification in the Official Gazette;
  • (ix) to any premises belonging to or vested in a University established by any law for the time being in force;
  • (x) to any premises let to banks, or any Public Sector Undertakings or any Corporation established by or under any Central or State Act, or multinational companies, and private limited companies or public limited companies having a paid up share capital of rupees one crore or more;
    • Explanation.- For the purpose of this clause the expression "bank" means,-
      • (i) the State Bank of India constituted under the State Bank of India Act, 1955 (Central Act No. 23 of 1955);
      • (ii) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act, 1959 (Central Act No. 38 of 1959);
      • (iii) a corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act No. 5 of 1970) or under section 3 of the Banking Companies (Acquisition and Transfer of Undertaking) Act, 1980 (Central Act No. 40 of 1980);
      • (iv) any other bank, being a scheduled bank as defined in clause (e) of section 2 of the Reserve Bank of India Act, 1934 (Central Act No. 2 of 1934);
  • (xi) to any premises let out to a citizen of a foreign country or to an Embassy, High Commission, Legation or other Body of a foreign State, or such international organization as may be specified by the State Government by notification in the Official Gazette.

The correct answer is Option 4.

Key Points According to Section 10 of the Rajasthan Rent Control Act, 2001, a landlord is entitled to immediate possession of a residential property if they file a petition with the Rent Tribunal within a specific time frame:

• Within one year before or after their retirement, release, or discharge from the armed forces or paramilitary forces
• Within one year before or after their retirement from a central, state, or local government job, or from a state-owned corporation
• More than three years after the property was let out, if they are a senior citizen 

Key Points

• Article 124 of the Indian Constitution deals with the establishment and constitution of the Supreme Court of India.
• Article 124 (5) explicitly mentions provisions relating to the conduct and removal of judges of the Supreme Court.
• The term 'misconduct' includes criminal misconduct as defined in the Prevention of Corruption Act.
• This article lays down the procedures for the removal of a judge on the grounds of proven misbehavior or incapacity.

Additional Information

• Article 124 (3)
  • This article specifies the qualifications required for appointment as a judge of the Supreme Court of India.
  • It includes criteria such as being a citizen of India and having served as a judge of a High Court for at least five years.
• Article 124 (1)
  • This article declares the establishment of the Supreme Court of India.
  • It states that there shall be a Supreme Court of India consisting of a Chief Justice of India and, until Parliament by law prescribes a larger number, not more than seven other Judges.
• Article 124 (7)
  • This article deals with the prohibition on judges of the Supreme Court from pleading or acting in any court or before any authority within the territory of India after their retirement.
• Prevention of Corruption Act
  • This act was enacted to combat corruption in government agencies and public sector businesses in India.
  • It defines what constitutes criminal misconduct and lays down punishments for such offenses.

The correct answer is Option 3

Key Points

• Reporting and presenting to Judicial Magistrate:
  • An Excise Officer below the rank of Collector is required by law to report to their superior following an arrest, seizure, or search.
  • The arrested person or seized items must be presented before a Judicial Magistrate within 24 hours.
  • This requirement is stipulated in Section 55 of the Chhattisgarh Excise Act, ensuring legal oversight and due process.

Additional Information

• Release the arrested person:
  • This option is incorrect because releasing the person without presenting them before a Judicial Magistrate would violate legal protocols.
• Report to the nearest police station:
  • While reporting to a police station may be important, the specific legal requirement is to report to a superior and a Judicial Magistrate, not just any police station.
• Wait for further orders:
  • Waiting for further orders is not permissible as it could lead to delays and potential violations of the arrested individual's legal rights.

The correct answer is Option 3

Key Points

• Chhattisgarh Excise Act:
  • The Chhattisgarh Excise Act regulates the production, distribution, and sale of alcohol and other intoxicating substances within the state of Chhattisgarh.
  • The Act grants certain powers to Excise Officers to enforce its provisions, including the authority to conduct inspections, seize contraband, and make arrests.
• Arrest without warrant:
  • As per Section 54A of the Act, an Excise Officer of a rank specified by the State Government can arrest a person without a warrant if they obstruct or assault the officer while he is performing his duties under the Act.
  • The arrested individual must be presented before a Magistrate or a Police/Excise Officer as soon as possible.
• Bail provision:
  • Even if a person is arrested for obstructing or assaulting an Excise Officer, they must be granted bail if they provide sufficient bail for their appearance before a Magistrate.
  • This provision ensures that the person's rights are protected while allowing Excise Officers to perform their duties without undue hindrance.
• Option 1: No, only a Magistrate can issue an arrest warrant:
  • This option is incorrect as it does not consider the specific provisions under the Chhattisgarh Excise Act that allow Excise Officers to arrest without a warrant in certain situations.
• Option 2: Yes, but the person must be presented before a court within 24 hours:
  • This option is partially correct but omits the crucial detail about the provision of bail.
  • While presenting the person before a court is essential, the Act specifically mentions the bail provision.
• Option 4: No, obstruction or assault does not lead to arrest under this Act:
  • This option is incorrect as Section 54A of the Chhattisgarh Excise Act explicitly permits arrest without a warrant for obstruction or assault of an Excise Officer.