Indian Contract Act MCQ Quiz

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*Russi Fisheries Pvt Ltd v. Bhavna Seth (2026 SC)* 1. Plaintiff filed a suit for specific performance of Agreement to Sell. The suit was decreed and executed. Meanwhile, the defendant executed sale deeds in favour of third party also. SC held that transfers of the suit land made by a defendant during the pendency of the litigation are governed by the principle of _*lis pendens*_ u/S.52 TPA. A transfer pendente lite is neither illegal nor void ab initio but remains subservient to the rights of the parties eventually determined by the court, and must abide by the ultimate decree passed in the litigation. If the decree of specific performance is ultimately maintained and executed via due process, the *sale deeds* executed by the defendants to third parties during the pendency of litigation are held to be *non est*. The land will be said to subject matter of pending litigation *even if the trial court rejected the suit and the suit was decreed only in Appeal*. 2. The adverse presumption, if any, drawn for non-appearing in the witness box by the plaintiff, is a *rebuttal presumption* and if the aforesaid presumption is successfully rebutted by the *other cogent evidence* on record, the said presumption would not be material and applicable.

*🛡️Retired Judge* ♟️At any time, the chief justice of India can request a retired judge of the Supreme Court or a retired judge of a high court (who is duly qualified for appointment as a judge of the Supreme Court) to act as a judge of the Supreme Court for a temporary period. ♟️He can do so only with the previous consent of the president and also of the person to be so appointed. ♟️Such a judge is entitled to such allowances as the president may determine. ♟️He will also enjoy all the jurisdiction, powers and privileges of a judge of Supreme Court. But, he will not otherwise be deemed to be a judge of the Supreme Court.

*🛡️Procedure Of The Court* ♟️The Supreme Court can, with the approval of the president, make rules for regulating generally the practice and procedure of the Court. ♟️The Constitutional cases or references made by the President under Article 143 are decided by a Bench consisting of at least five judges. ♟️All other cases are decided by single judges and division benches. ♟️The judgements are delivered by the open court. All judgements are by majority vote but if differing, then judges can give dissenting judgements or opinions.

*🛡️Governor Vs Lt. Governor Powers* ♟️President is final decision-making authority in case of dispute between LG and cabinet of UT. ♟️In general, Governor of a state has to act solely on the aid and advice of the Council of Ministers, whereas, the LG does not need the approval of the Council of Ministers on every matter. ♟️Unlike Governor which has dual role to play i.e. Constitutional Head of the state as well as agent of the President, LG is not Constitutional head of the UT but only an agent of President. ♟️Chief Ministers of Delhi and Puducherry are appointed by the President and not by LG, whereas the Chief Ministers of states are appointed by the Governor. ♟️CM give resignation to LG and not to Presiden *Hit 👍🏻❤️👌🏻 To Appreciate Our Consistent Efforts*

*::::::::::PREAMBLE::::::::::* WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC[1] and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the [unity and integrity of the Nation[2]; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

*🛡️Comptroller and Auditor General of India (CAG)* ♟️The Comptroller and Auditor General is appointed by the President of India and can be removed from office only in the manner and on the grounds that a Judge of the Supreme Court is removed. ♟️The person appointed to this office should take an oath of office before the President or any other person appointed by the office of the President. ♟️The salary, service conditions, leaves of absence, pension and age of retirement are determined by the Parliament of India and specified in the Second Schedule such that the service conditions and salary will not be modified to the disadvantage of the incumbent during their tenure. ♟️The CAG is not eligible for any further office after the end of their tenure either in the Government of India or any State Government. ♟️The administrative expenses of the office of CAG, including salaries, allowances and pensions serving in that office are charged up on the Consolidated Fund of India.Thus they are not subjected to the vote of Parliament.

*🛡️Trick to remember DPSPs (Article 36–51)* *💎Mnemonic:-* SEE GAPS JUMP ♟️Social Order ♟️Education ♟️Equal pay for equal work ♟️Gram Sabha ♟️Agriculture & animal husbandry ♟️Panchayats ♟️Scientific temper ♟️Judiciary independence ♟️Uniform Civil Code ♟️Minorities promotion ♟️Provision of early childhood care *Hit 👍❤️👌 to Appreciate our Consistent Efforts.*

🛡️ *Swaran Singh Committee* ♟️In 1976, Congress Party set up the Sardar Swaran Singh Committee to make recommendations about fundamental duties, the need felt during the operation of the internal emergency (1975–1977). ♟️The committee recommended the inclusion of a separate chapter on fundamental duties in the Constitution. ♟️It stressed that the citizens should become conscious that in addition to the enjoyment of rights, they also have certain duties to perform as well. ♟️The Congress Government at Centre accepted these recommendations and enacted the 42nd Constitutional Amendment Act in 1976. ♟️This amendment added a new part, namely, Part IVA to the Constitution. This new part consists of only one Article, that is, Article 51A. ♟️Though Swaran Singh Committee suggested eight Fundamental Duties in the Constitution, the 42nd Constitutional Amendment Act (1976) included ten Fundamental Duties.

*🛡️Procedure Of The Court* ♟️The Supreme Court can, with the approval of the president, make rules for regulating generally the practice and procedure of the Court. ♟️The Constitutional cases or references made by the President under Article 143 are decided by a Bench consisting of at least five judges. ♟️All other cases are decided by single judges and division benches. ♟️The judgements are delivered by the open court. All judgements are by majority vote but if differing, then judges can give dissenting judgements or opinions.

*🛡️Comptroller and Auditor General of India (CAG)* ♟️The Comptroller and Auditor General is appointed by the President of India and can be removed from office only in the manner and on the grounds that a Judge of the Supreme Court is removed. ♟️The person appointed to this office should take an oath of office before the President or any other person appointed by the office of the President. ♟️The salary, service conditions, leaves of absence, pension and age of retirement are determined by the Parliament of India and specified in the Second Schedule such that the service conditions and salary will not be modified to the disadvantage of the incumbent during their tenure. ♟️The CAG is not eligible for any further office after the end of their tenure either in the Government of India or any State Government. ♟️The administrative expenses of the office of CAG, including salaries, allowances and pensions serving in that office are charged up on the Consolidated Fund of India.Thus they are not subjected to the vote of Parliament.

*🛡️Presidential Reference* ♟️The President of India recently referred 14 questions to the Supreme Court under Article 143. *💎There are two components of Article 143* ♟️Article 143(1) allows the President to refer any question of law or fact of public importance to the Supreme Court for its advisory opinion. ♟️Article 143(2) pertains to disputes involving pre-Constitutional treaties and agreements, permitting the President to refer such matters for legal clarification. ♟️Nature of Opinion: The Supreme Court’s opinion is not binding on the President. It does not carry precedential value but holds strong persuasive authority and is usually followed by the executive and judiciary. ♟️Historical origin: The provision originates from the Government of India Act, 1935, which empowered the Governor-General to refer legal matters to the Federal Court. ♟️The President refers to the advice of the Union Council of Ministers. As per Article 145, a minimum 5-judge Bench of the Supreme Court must hear the matter.

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