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Judicial Services Mock - 4

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What is meant by an actionable claim?

  1. Enforceable by the court of law

  2. Such claim that cannot be recovered by means of an action or a suit

  3. A claim to any debt in unpossessed movable property

  4. Both (1) and (3)


Correct Option: D
Explanation:

An actionable claim is a claim to any debt or to any beneficial interest in movable property. It is enforceable by the court of law.

Going by the Sale of Goods Act, which of the following is/are correct regarding unpaid seller?

  1. When the whole of the price has not been paid or tendered

  2. When a bill of exchange has been received as conditional payment and this condition has not been fulfilled

  3. Quality of the goods are disputed

  4. Both (1) and (2)


Correct Option: D
Explanation:

Under section 38 of Sale of Goods Act, 1930, unpaid seller means: (a) when the whole of the price has not been paid or tendered; (b) when a bill of exchange or other negotiable instrument has been received as conditional payment and the condition on which it was received has not been fulfilled by reason of the dishonour of the instrument or otherwise. 

What is meant by document of title to goods?

  1. Which confers a right on the possessor to transfer the goods to another

  2. A proof of ownership over the goods covered by it

  3. Ownership to deal only after judicial intervention

  4. Both (1) and (3)


Correct Option: D
Explanation:

Document of title to goods confers a right of the possessor to transfer the goods to another and ownership to deal only after judicial intervention.

A person asks a pet dealer to supply him a tame and gentle dog. What is/are the legal position(s) if the dog turns out to be vicious?

  1. The person cannot reject the dog.

  2. This amounts to breach of a condition.

  3. Claim for damages for injury can be claimed.

  4. Both (2) and (3)


Correct Option: D
Explanation:

In the above case, a breach of condition of contract results into claim for damages for injury.

What is the legal term popularly used by lawyers to show that "there may be a problem/let him beware that", etc. so that they seek a hearing from their side before court proceeds with any application?

  1. Injunction

  2. Stay

  3. Caveat

  4. Refrain


Correct Option: C
Explanation:

Caveat is a legal notice by lawyers to a court or public officers to suspend a proceeding until the notifier is given a hearing.

Section 54 of which act deals with the sale of immovable property?

  1. Sale of Goods Act

  2. Transfer of Property Act

  3. Indian Contract Act

  4. Specific Relief Act


Correct Option: B
Explanation:

Section 54 of Transfer of Property Act deals with the sale of immovable property.

“Breach of condition may be treated as breach of warranty, but breach of warranty cannot be treated as breach of condition”. The given statement is

  1. true

  2. false

  3. self-contradictory

  4. logically consistent, but legally untenable


Correct Option: A
Explanation:

Option (1) is correct: A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. A warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated. So breach of condition may be treated as breach of warranty, but breach of warranty cannot be treated as breach of condition.

When a witness repairs another persons statement, the evidence is called

  1. heresy

  2. hearsay

  3. presumptive evidence

  4. None of these


Correct Option: B
Explanation:

When a witness repairs another persons statement, the evidence is called hearsay. 

Section 13 of Indian Evidence Act applies to

  1. public and private rights

  2. public rights only

  3. private rights only

  4. None of these


Correct Option: A
Explanation:

(1) Section 13 of Indian Evidence Act applies to both public and private rights.

By which ‘Amendment’ section 113(A) was inserted in Indian Evidence Act?

  1. Dowry Prohibition (Amendment) Act, 1986

  2. The Information Technology (Amendment) Act, 2000

  3. Criminal Law (Amendment) Act, 1986

  4. Criminal Law (Amendment) Act, 1983


Correct Option: D
Explanation:

(4) This section was introduced by the Criminal Law (Second Amendment) Act 46 of 1983.

In the case of State of Bombay Vs. Kathi Kalu, AIR 1961, SC 1908, the Supreme Court judged the validity of

  1. section 68 of Indian Evidence Act

  2. section 73 of Indian Evidence Act

  3. section 79 of Indian Evidence Act

  4. section 88 of Indian Evidence Act


Correct Option: B
Explanation:

(2) In the case of State of Bombay Vs. Kathi Kalu, AIR 1961, SC 1908, the Supreme Court judged the validity of section 73 of Indian Evidence Act.

Which of the following sections of the Indian Evidence Act deals only with civil cases?

  1. Section 20

  2. Section 21

  3. Section 22

  4. Section 23


Correct Option: D
Explanation:

(4) Section 23 deals with civil cases; “Admission in civil cases relevant".

The Indian Evidence Act applies to

  1. affidavits

  2. departmental proceedings

  3. arbitration proceedings

  4. an inquiry to determine a jural relation between persons


Correct Option: D
Explanation:

(4) Indian Evidence Act applies to an inquiry to determine a jural relation between persons.

Which section of the Indian Evidence Act, 1872 is substituted for the old section by the Information Technology Act, 2000?

  1. Section 22

  2. Section 39

  3. Section 81

  4. Section 85


Correct Option: A
Explanation:

(1) After section 22, the following section shall be inserted, namely “When oral admission as to contents of electronic records are relevant under section 22A".

What of the following is not correct regarding ‘admission’?

  1. Admission may be documentary.

  2. All confessions are admissions, but all admissions are not confessions.

  3. Admission relates to a civil transaction only.

  4. Admission may be proved against the representative in interest of the maker.


Correct Option: D
Explanation:

(4) Admission cannot be proved against the representative in interest of the maker.

Which of the following model laws was used by the Indian Arbitration and Conciliation Act, 1996?

  1. The Indian Council of Arbitration Rules

  2. Federation of Indian Chambers of Commerce and Industry Rules

  3. United Nations Commission on International Trade Law and Rules

  4. International Centre for Alternative Dispute Resolution Rules


Correct Option: C
Explanation:

(3) The United Nations Commission on International Trade Law (UNCITRAL) and Rules was used by the Indian Arbitration and Conciliation Act, 1996.

Doctrine of proportionality is a concept relating to

  1. Administrative Law

  2. Law of Partition

  3. Workman Compensation Law

  4. Accident Claim Compensation Law


Correct Option: A
Explanation:

The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes. Doctrine of proportionality is a concept relating to Administrative Law. 

Alternative Disputes Redressal (ADR) is a concept in

  1. Evidence Act

  2. Civil Procedure Code

  3. Contract Act

  4. Motor Vehicles Act


Correct Option: B
Explanation:

Alternative Disputes Redressal (ADR) is a concept in Civil Procedure Code. Only in civil cases, ADR can be an effective machanism.

Under the Arbitration and Conciliation Act, 1996, “court”

  1. does not include a High Court in exercise of its ordinary original civil jurisdiction

  2. includes the court of small causes

  3. includes any civil court at the district

  4. means the principal Civil Court of original jurisdiction in a district


Correct Option: D
Explanation:

(4) Under Arbitration and Conciliation Act, 1996, “court” means the principal Civil Court of original jurisdiction in a district.

An arbitral award

  1. must be in writing

  2. may be an oral decision

  3. either (1) or (2), depending upon the circumstances of the case

  4. must be in writing and made on a stamp paper of prescribed value


Correct Option: D
Explanation:

(4) An arbitral award must be in writing and made on a stamp paper of prescribed value.

Which of the following statements is/are incorrect?

  1. Section 112 of Indian Evidence Act, which lays down the rules of presumption of legitimacy, is applicable to Muslims.

  2. Section 112 of Indian Evidence Act, which lays down the rules of presumption of legitimacy, supersedes the rules of presumption of the Muslim law.

  3. Section 112 of Indian Evidence Act applies to an irregular Muslim marriage.

  4. Both (2) and (3)

  5. None of these


Correct Option: C
Explanation:

Section 112 of Indian Evidence Act applies to only valid marriages, not to irregular or void marriages.

'Reference' under section 113 of the Code of Civil Procedure implies that the subordinate court refers the case to the High Court for the latter’s opinion on a

  1. question of law

  2. question of evidence

  3. question of fact

  4. question of court procedure

  5. None of these


Correct Option: A
Explanation:

Under section 113 of Code of Civil Procedure, any court may state a case and refer the same for the opinion of the High Court, where the court, before which a case is pending, is satisfied that a case pending before it involves a question as to validity of any act.

The court frames the issues on the basis of

  1. allegations made on oath by the parties or their pleaders

  2. allegations made in the pleadings

  3. allegations made in answer to interrogatories

  4. All of the above

  5. None of the above


Correct Option: D
Explanation:

All of the above are valid points from which the court may frame issues. All are valid points from which the court may frame issues.

Any amount that the court will order to pay as compensatory cost in respect of false or vexatious claims or defences, shall not exceed the amount of

  1. two thousand rupees or the amount within its pecuniary jurisdiction, whichever is less

  2. three thousand rupees or the amount within its pecuniary jurisdiction, whichever is less

  3. four thousand rupees or the amount within its pecuniary jurisdiction, whichever is less

  4. five thousand rupees or the amount within its pecuniary jurisdiction, whichever is less

  5. ten thousand rupees or the amount within its pecuniary jurisdiction whichever is less


Correct Option: B
Explanation:

The maximum amount that can be awarded by the court is Rs. 3000.

Who shall bear the expenses for the summoning of a witness?

  1. The plaintiff

  2. The defendant

  3. The party applying for the summons

  4. The court

  5. The witness himself


Correct Option: C
Explanation:

The party applying for summons for calling the witness shall bear the expenses to be paid in the court and to the witness for procuring his attendance.

Which of the following is not a sufficient cause for granting adjournment?

  1. Sickness of a party, his witness or his counsel

  2. Non-service of summons

  3. Reasonable time for preparation of a case

  4. Non-examination of a witness present in the court

  5. None of these


Correct Option: D
Explanation:

If a witness present in the court has not examined, the court cannot adjourn the hearing and will hear both the parties and their witnesses.

The provisions of ‘Plea-Bargaining’ under Chapter XXI A of CrPC are not applicable if the offence is committed against a child below the age of

  1. 12 years

  2. 14 years

  3. 16 years

  4. 18 years


Correct Option: B
Explanation:

The provisions of ‘Plea-Bargaining’ under Chapter XXI A of CrPC are not applicable in cases where the offence is committed against a woman or a child below the age of 14 years.

Which section of CrPC provides for confirmation by the High Court of an order of death sentence passed by the Sessions Court prior to its execution?

  1. Section 366

  2. Section 368

  3. Section 369

  4. Section 365


Correct Option: A
Explanation:

U/s 366 of Code of Criminal Procedure, 1973, when the Sessions court passes a sentence of death, the proceedings shall be submitted to the High court and the sentence shall not be executed unless it is confirmed by the High Court.

Inherent powers under section 482 of CrPC can be exercised by

  1. any Criminal Court

  2. the Supreme Court only

  3. the Sessions Court and the High Court

  4. the High Court


Correct Option: B
Explanation:

Inherent powers under section 482 of CrPC can be exercised by the Supreme Court only.

An Executive Magistrate is empowered to secure a Security Bond from habitual offenders under section 110 of CrPC for a period not exceeding

  1. one year

  2. two years

  3. three years

  4. None of these


Correct Option: A
Explanation:

An Executive Magistrate is empowered to secure a Security Bond from habitual offenders under section 110 of CrPC for a period not exceeding one year.

Under which of the following chapters of CrPC are the provisions for “Preventive Action of the Police” provided?

  1. Chapter X

  2. Chapter XI

  3. Chapter XII

  4. None of these


Correct Option: D
Explanation:

Chapter XIII: Preventive Action of the Police

Which court has the power to grant maintenance to wife, children and parents under CrPC?

  1. Sessions Court

  2. Court of Magistrate of 1st Class

  3. Court of Magistrate 2nd Class

  4. Court of the Chief Judicial Magistrate


Correct Option: D
Explanation:

Court of the Chief Judicial Magistrate has the power to grant maintenance to wife, children and parents under CrPC.

Who is authorised under CrPC to grant a warrant to search for a document, parcel or other things in the custody of a postal or telegraph authority?

  1. District Magistrate

  2. Chief Judicial Magistrate

  3. Both (1) and (2)

  4. Magistrate 1st Class


Correct Option: C
Explanation:

Both the District Magistrate and the Chief Judicial Magistrate are authorised under CrPC to grant a warrant to search for a document, parcel or other thing in the custody of a postal or telegraph authority.

Permission to investigate into a non-cognizable offence can be granted by a

  1. Magistrate in any part of India

  2. Magistrate in any part of a State

  3. Magistrate having jurisdiction to try the case

  4. Session Judge


Correct Option: C
Explanation:

As provided under section 155(2) of CrPC, 1973, permission to investigate a non-cognizable case is granted by a Magistrate having power to try such case or commit the case for trial.

Warrant case has been defined as a case relating to an offence punishable with death imprisonment for life or imprisonment for a term

  1. exceeding one year

  2. exceeding two years

  3. exceeding three years

  4. exceeding seven years


Correct Option: B
Explanation:

U/s 2(x) of CrPC, 1973, a warrant case has been defined as a case relating to an offence punishable with death imprisonment for life or imprisonment for a term exceeding two years.

In a cognizable case, the police will have the powers to

  1. investigate, except the power to arrest without warrant

  2. investigate and the power to arrest without warrant only after seeking permission from the Magistrate

  3. investigate including the power to arrest without warrant

  4. investigate and arrest without warrant, only after informing the Magistrate having jurisdiction to inquire into or try the offence


Correct Option: C
Explanation:

U/s 2(c) of CrPC, 1973, in a cognizable case, the police officer may, in accordance with the first schedule or under any other law, investigate and arrest without warrant.

Section 164 of Criminal Procedure Code provides a special procedure for recording of

  1. confessions

  2. statements made during the course of investigation

  3. confessions as well as statements made during the course of investigation

  4. examination of witnesses by police


Correct Option: C
Explanation:

Section 164 of Criminal Procedure Code provides a special procedure for recording of confessions as well as statements made during the course of investigation.

When an investigation cannot be completed within 24 hours, the largest period for which an accused can be remanded to police custody is

  1. ten days

  2. fifteen days

  3. thirteen days

  4. thirty days


Correct Option: B
Explanation:

When an investigation cannot be completed within 24 hours, the largest period for which an accused can be remanded to police custody is fifteen days.

Offences of Indian Penal Code other than mentioned in section 320 of Criminal Procedure Code are

  1. not compoundable

  2. compoundable with the permission of the court

  3. compoundable by the Court of Sessions

  4. compoundable by the High Court


Correct Option: A
Explanation:

Offences of Indian Penal Code other than mentioned in section 320 of Criminal Procedure Code are not compoundable.

If a Magistrate administers oath before recording the confession of an accused, the confessional statement is

  1. good in law and admissible in evidence

  2. bad in law and inadmissible in evidence

  3. good in law but admissible only on corroboration

  4. bad in law but becomes admissible on corroboration by other evidence


Correct Option: B
Explanation:

Administration of an oath to the accused before recording a confession is violative to article 20(3) of the constitution and section 281 of CrPC, i.e. Record of Examination of accused.

Jurisdiction to grant bail under section 438 of Criminal Procedure Code vests with

  1. only the High Court

  2. only the Sessions Court

  3. only the Magistrate

  4. either the High Court or the Court of Sessions


Correct Option: D
Explanation:

Jurisdiction to grant bail under section 438 of Criminal Procedure Code vests with either the High Court or the Court of Sessions.

When investgation is not completed within the prescribed period of 90 days or 60 days, as the case may be, and the accused is in custody on expiry of the said period if he is prepared to and does furnish bail, the accused is entitled to be

  1. discharged

  2. acquitted

  3. released on bail by the investigating officer

  4. released on bail by the concerning Magistrate


Correct Option: D
Explanation:

The accused is entitled to be released on bail by the Magistrate to whom he is forwarded whether he has or has not jurisdiction to try the case.

For proving an offence under section 307 of IPC,

  1. intention to commit murder has to be proved

  2. causing of grievous hurt is to be proved

  3. use of lethal weapon is to be proved

  4. actual injury is to be proved


Correct Option: A
Explanation:

Under section 307 of IPC, whoever does an act with the intention that if death is caused by the act, he would be guilty of murder.

Under the provisions of section 125(4) Criminal Procedure Code, who of the following cannot claim maintenance from her husband?

  1. Wife herself earning money

  2. Wife living separately by mutual consent

  3. Woman, who has been divorced by her husband and has not remarried

  4. Woman, who has obtained divorce from her husband and has not remarried


Correct Option: B
Explanation:

Wife living separately by mutual consent cannot claim maintenance from her husband.

In a case of free fight between two parties,

  1. right of private defence is available to both the parties

  2. right of private defence is available to individuals against individual

  3. no right of private defence is available to either party

  4. right of private defence is available only to one party


Correct Option: C
Explanation:

The right of private defence is not available when both the persons have an intention to inflict harm to each other.

For a defence of intoxication, to escape criminal liability, the intoxication

  1. can be self-administered

  2. should be administered against his will or knowledge

  3. should not be self-administered

  4. All of the above


Correct Option: B
Explanation:

U/s 85 of Indian Penal Code, to escape criminal liability, the intoxication should be administered against his will or knowledge.

Homicide is the killing of a human being by another human being. It may be

  1. lawful

  2. unlawful

  3. Both (1) and (2)

  4. None of these


Correct Option: C
Explanation:

Homicide is the killing of a human being by another human being. It may be lawful or unlawful.

The killing of a new born child by its parents is called

  1. infanticide

  2. abortion

  3. foeticide

  4. malfeasance


Correct Option: A
Explanation:

The killing of a new born child by its parents is called infanticide.

The right to private defence is a recognised defence in Law of Crimes. A person may even kill the assailant and escape criminal liability if the assailant intends to

  1. kill

  2. commit rape

  3. kidnap

  4. All of the above


Correct Option: D
Explanation:

The right to private defence is a recognised defence in Law of Crimes. A person may even kill the assailant and escape criminal liability, if the assailant intends to kill, commit rape or kidnap.

Section _____ of Indian Penal Code defines murder.

  1. 299

  2. 300

  3. 301

  4. 302


Correct Option: B
Explanation:

Section 300 of Indian Penal Code defines murder.

There are four stages in the commission of a crime: intention, preparation, attempt and commission. The attempt to commit a crime is

  1. punishable

  2. not punishable

  3. not ordinarily punishable

  4. None of these


Correct Option: A
Explanation:

The attempt to commit a crime is punishable.

What does the famous M' Naghten rules determine?

  1. Insanity as defence

  2. Law of sea

  3. Distinguished hurt from grievous hurt

  4. Established seasoning in criminal cases


Correct Option: A
Explanation:

Under the M'Naghten rule, a criminal defendant is not guilty by reason of insanity if at the time of the alleged criminal act, the defendant was so deranged that she did not know the nature or quality of her actions.

‘Actus non facit reum, nisi mens sit rea’ is a fundamental principle of

  1. civil liability

  2. criminal liability

  3. contractual liability

  4. None of these


Correct Option: B
Explanation:

‘Actus non facit reum, nisi mens sit rea’ is a fundamental principle of criminal liability that means an act does not make a defendant guilty without a guilty mind. 

A person commits bigamy if he

  1. marries again when his first wife is dead

  2. marries again when his first divorced wife is alive

  3. marries again when he already has a legal wife

  4. has sexual intercourse with a woman, besides his wife


Correct Option: C
Explanation:

A person commits bigamy if he marries again, when he already has a wife living.

To test the quality of an article or the accuracy of weight and measures is called an

  1. affray

  2. assay

  3. testing

  4. audit


Correct Option: B
Explanation:

An assay is a qualitative or quantitative analysis of a metal or an ore to determine its components.

When a witness repeats another person's statement, the evidence is called

  1. hearsay

  2. heresy

  3. secondary evidence

  4. presumptive evidence


Correct Option: A
Explanation:

When a witness repeats another person's statement, the evidence is called hearsay evidence.

Under Indian Evidence Act, 1872, questions relating to a matter not relevant to the suit or proceedings may be asked under

  1. section 146

  2. section 147

  3. section 148

  4. Such questions cannot be asked.


Correct Option: D
Explanation:

(4) Questions relating to a matter not relevant to the suit or proceedings cannot be asked under Indian Evidence Act, 1872.

Indian Evidence Act, 1872 does not expressly mention about

  1. oral evidence

  2. documentary evidence

  3. secondary evidence

  4. circumstantial evidence


Correct Option: D
Explanation:

(4) Indian Evidence Act, 1872 does not expressly mention about circumstantial evidence.

When a person is prosecuted for committing a criminal offence, the burden of proof is on

  1. himself

  2. prosecution

  3. court

  4. police


Correct Option: B
Explanation:

When a person is prosecuted for committing a criminal offence, the burden of proof is on prosecution.

Under Indian Evidence Act, 1872, a declaration made in course of business is admissible under

  1. Section 32(7)

  2. Section 32(2)

  3. Section 32(4)

  4. Section 32(1)


Correct Option: B
Explanation:

(2) Statements, written or verbal, of relevant facts made by a person who is dead or who cannot be found or who has become incapable of giving evidence or whose attendance cannot be procured without an amount of delay or expense, in the ordinary course of business and in particular, when it consists of any entry or memorandum made by him in books kept in the ordinary course of business or in the discharge of professional duty are relevant and admissible.

Kaushal Rao Vs. State of Bombay AIR-1958 SC 22 is related with which topic of the Law of Evidence?

  1. Confession

  2. Admission

  3. Dying declaration

  4. Estoppel


Correct Option: C
Explanation:

(3) Kaushal Rao Vs. State of Bombay AIR-1958 SC 22 is related with dying declaration of the Law of Evidence.

Which kind of jurisdiction is not mentioned under section 41 of Indian Evidence Act, 1872?

  1. Probate

  2. Admirality

  3. Insolvency

  4. Revenue


Correct Option: D
Explanation:

(4) A final judgment of a Competent Court in exercise of probate, matrimonial, admiralty or insolvency jurisdiction which declares any person to be entitled to any legal character or to be entitled to any specific thing not as against any specified person but absolutely is relevant.

Which section of CPC,1908 tells about the place of suing?

  1. Sections 15 to 20

  2. Section 11 to 12

  3. Section 9 to 10

  4. Sections 96 to 99


Correct Option: A
Explanation:

Right; these sections tells us about the place of suing. These tell us that where we should file the case properly.

Whether the following proposition is legally correct or not?

“The principle so far as it relates to the amendment of plaint is equally applicable to the amendment of written statement. By way of amendment in plaint, a time barred plea cannot be allowed to be raised so also in the case of written statement".

  1. Correct

  2. Incorrect

  3. Partially correct

  4. None of these is applicable


Correct Option: A
Explanation:

Rule 17 of order VI of Code of Civil Procedure deals with amendment of plaint. The same rule applies to the amendment of written statement. By way of amendment in plaint, a time barred plea cannot be allowed to be raised in the case of written statement. 

In a miscellaneous appeal arising out of a pending suit, defendant appealant dies and an application for substitution is filed and allowed. Appeal is decided three years thereafter. Subsequently, when the suit is taken up, an objection that the suit has abated as no application to substitute the heirs of the deceased, was filed therein within the prescribed period, is raised from the side of the defendant. Suggest the stand legally open to such plaintiff.

  1. Plaintiff may apply for substitution with an application for condonation of delay.

  2. Information of death of defendant was not given to the trial court. Therefore, shelter of order 22 rule 10 of CPC may be invoked.

  3. Record of the trial court was in appeal and thus, the plaintiff was prevented by sufficient cause in not filing the substitution application earlier.

  4. The substitution allowed in miscellaneous appeal would ensure in the suit also and application for substitution is not required as the heirs are on the record.


Correct Option: D
Explanation:

The substitution allowed in miscellaneous appeal would ensure in the suit also and application for substitution is not required as the heirs are on the record.

Which is not a suit of civil nature?

  1. Suit relating to religious procession

  2. Suit relating to a political question

  3. Suit relating to accounts

  4. Suit relating to partnership


Correct Option: B
Explanation:

Right. According to section 9 of Civil Procedure Code, 1908, it is not the matter of civil jurisdiction.

What is section 9 of CPC, 1908?

  1. Trial of civil suits by the courts

  2. Trial of criminal cases by the courts

  3. Trial of both civil and criminal cases by the courts

  4. None of these


Correct Option: A
Explanation:

Right section 9 of the CPC, 1908 says about the civil suits and also tells us that where and how we can file our civil suit.

If a person files a case relating to burying of a dead body, then what type of court will hear this case?

  1. Civil court

  2. Consumer forum

  3. Criminal court

  4. None of these


Correct Option: A
Explanation:

Right because it is a case of civil nature. So, civil court will entertain this case.

What is appellate jurisdiction?

  1. Jurisdiction to hear suits

  2. Jurisdiction not to hear cases

  3. Jurisdiction to hear appeals

  4. None of these


Correct Option: C
Explanation:

It is right. Appellate jurisdiction means power to hear appeals.

Who may apply for reference under section 113 of the Code of Civil Procedure, 1908?

  1. A party to suit

  2. Court

  3. Both (1) and (2)

  4. None of these


Correct Option: B
Explanation:

(2) Any Court may state a case and refer the same for the opinion of the High Court and the High Court may make such order thereon as it thinks fit.

Which of the following persons may not file an application for execution under Civil Procedure Code, 1908?

  1. A decree holder

  2. Legal representative if the decree holder is dead

  3. A person claiming under decree holder

  4. Judgement debtor


Correct Option: A
Explanation:

A decree holder may not file an application for execution under Civil Procedure Code, 1908.

Which of the following is the correct process for the removal of Pradhan of a Gaon Sabha?

  1. The Pradhan can be removed by majority of the villagers.

  2. The Pradhan can be removed by majority of the members of the Gram Sabha.

  3. The Pradhan can be removed by the majority of two-third of the members of the Gaon Sabha present and voting.

  4. The Pradhan can be removed by an order passed by District Deputy Collector.


Correct Option: C
Explanation:

The Pradhan can be removed by the majority of two-third of the members of the Gaon Sabha present and voting.

Under section 100 of Civil Procedure Code, 1908, “Second appeal” lies to the High Court only on the grounds of

  1. question fact

  2. substantial question of law

  3. both on question of fact and law

  4. mixed question of law and fact


Correct Option: B
Explanation:

(2) In an appeal under section 100 of Civil Procedure Code, 1908, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.

A judge of the Supreme Court can be removed from office only on the grounds of

  1. gross inefficiency

  2. imbecile conduct

  3. proven misbehaviour or incapacity

  4. senility


Correct Option: C
Explanation:

Option (3) is correct: A judge of the Supreme Court can be removed under the constitution only on the grounds of proven misconduct or incapacity and by an order of the President of India, only after a notice signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha, is passed by a two-third majority in each House of the Parliament.

While interpreting the constitution, the courts are expected to

  1. resolve the conflict between the Directive Principles and the Fundamental Rights

  2. give precedence to Directive Principles over the Fundamental Rights

  3. give precedence to Fundamental Rights over the Directive Principles

  4. interpret the provisions of Directive Principles and Fundamental Rights as harmoniously as possible


Correct Option: D
Explanation:

While interpreting the constitution, the courts are expected to interpret the provisions of Directive Principles and Fundamental Rights as harmoniously as possible.

By which amendment was the power to amend the constitution specifically conferred upon the Parliament?

  1. 56th

  2. 52nd

  3. 42nd

  4. 24th


Correct Option: D
Explanation:

By the Constitution's (Twenty-fourth Amendment) Act, 1971, the power to amend the constitution was specifically conferred upon the Parliament.

Most of the provisions of the Indian Constitution can be amended by

  1. a simple majority vote of each of the two Houses of the Parliament.

  2. a majority of two-thirds of the total membership of each of the two Houses of the Parliament.

  3. a majority of the total membership of each of the two Houses of Parliament and by a majority of two-thirds of the members present and voting in each House.

  4. a majority of the total membership of each of the two Houses of Parliament and by a majority of two-thirds of the members present and voting supported by Legislatures in one-half of the states.


Correct Option: B
Explanation:

Most of the provisions of the Indian Constitution can be amended by a majority of two-thirds of the total membership of each of the two Houses of the Parliament.

The constitution gives the power of superintendence over all subordinate courts to the High Court under article

  1. 226

  2. 227

  3. 228

  4. 229


Correct Option: B
Explanation:

The constitution gives the power of superintendence over all subordinate courts to the High Court under article 227 of the constitution.

Which of the following writs is a bulwark of personal freedom?

  1. Mandamus

  2. Habeas corpus

  3. Quo varranto

  4. Certiorari


Correct Option: B
Explanation:

Habeas corpus is a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. Habeas corpus writ is a bulwark of personal freedom

The President can promulgate an ordinance

  1. when the Lok Sabha has been dissolved

  2. when there is a conflict between the two Houses regarding a particular bill

  3. when a bill passed by the Lok Sabha is not passed by the Rajya Sabha

  4. when both the Houses of the Parliament are not in session


Correct Option: D
Explanation:

Article 123 of the Indian Constitution grants the President certain law-making powers to promulgate ordinances when either of the two Houses of Parliament is not in session and hence, it is not possible to enact laws in the Parliament.

The preamble of our constitution

  1. is a part of the constitution

  2. contains the spirit of the constitution

  3. is a limitation upon the granted power

  4. delineates the basic structure of the constitution of India


Correct Option: D
Explanation:

The Preamble delineates the basic structure of the Constitution of India. It does not contain laws enforceable in the court, but no law can be enacted or amended in a manner that violates the spirit of the Preamble.

Capacity of a female Hindu to take in adoption are given under section

  1. 7

  2. 8

  3. 10

  4. 12


Correct Option: B
Explanation:

Section 8 of the Hindu Adoption and Maintenance Act, 1956 states capacity of a female Hindu to take in adoption.

Which is not a ground of divorce under HIndu Law?

  1. Other party has been suffering from leprosy

  2. Other party has been heard of as being alive from a period of seven years

  3. Other party has renounced the world by entering a religious order

  4. Other party has been suffering venereal disease in communicable form


Correct Option: B
Explanation:

A divorce petition may be filed by husband or wife if the other party has not been heard of as being alive from a period of seven years. 

Which of the following is not a qualification of a female Hindu to take in adoption?

  1. She should be of sound mind.

  2. She should not be a minor.

  3. She should be married.

  4. All of the above


Correct Option: C
Explanation:

Section 8 of the Hindu Adoption and Maintenance Act, 1956 states capacity of a female Hindu to take in adoption. Any female Hindu (a) who is of sound mind, (b) who is not a minor, and (c) who is not married, or if married, whose marriage has been dissolved or whose husband is dead or has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind, has the capacity to take a son or daughter in adoption. 

Hindu marriage may be solemnised in accordance with the customary rites and ceremonies of either party thereto. Where such rites and ceremonies include the saptapadi, the marriage becomes complete when _________ step is taken.

  1. seventh

  2. third

  3. second

  4. fifth


Correct Option: A
Explanation:

As provided under section 7 of the Hindu Marriage Act, 1955, Hindu marriage may be solemnised in accordance with the customary rites and ceremonies of either party thereto, where such rites and ceremonies include the saptapadi, the marriage becomes complete when seventh step is taken.

Widow's right of retention for non-payment of her dower is her

  1. personal right

  2. religious right

  3. old tradition of muslims

  4. right given under Dissolution of Muslim Marriage Act, 1939


Correct Option: A
Explanation:

Right of retention in lieu of unpaid dower is an exclusive right of a widow and this right is available to her only because her dower remains unpaid, i.e. the right to retain the property is her personal right as it is given to her because of her special personality that she is the widow of a deceased husband who could not pay her dower during his life.

Law of limitation is

  1. lex loci

  2. lex fori

  3. Both (1) and (2)

  4. None of these


Correct Option: B
Explanation:

Lex loci is the law of the country in which a transaction is performed, a tort is committed or a property is situated. Law of limitation is lex fori, which means the law of the place where the dispute is being adjudicated by a court.

Time requisite under section 12(2) of Limitation Act means

  1. actual time taken

  2. minimum time

  3. Both (1) and (2)

  4. None of these


Correct Option: A
Explanation:

Time requisite under section 12(2) of Limitation Act means actual time taken.

Section 32 of Partnership Act provides

  1. retirement of a partner

  2. introduction of a partner

  3. insolvency of a partner

  4. liability of estate of a deceased partner


Correct Option: A
Explanation:

Section 32 of Partnership Act provides provisions for retirement of a partner.

Section 14 of Limitation Act will have no application

  1. where the suit is dismissed after adjudication on its merits

  2. where the suit is dismissed because the court was unable to entertain it

  3. Both (1) and (2)

  4. None of these


Correct Option: C
Explanation:

Section 14 of Limitation Act will have no application where the suit is dismissed after adjudication on its merits and where the suit is dismissed because the court was unable to entertain it.

Which of the following is wrong?

  1. Effect of acknowledgement in writing — Section 16

  2. Effect of acknowledgement or payment by another person — Section 20

  3. Effect of substituting or adding new plaintiff or defendant — Section 21

  4. Continuing breaches and torts — Section 22


Correct Option: A
Explanation:

Effect of acknowledgement in writing — Section 18 Effect of acknowledgement or payment by another person — Section 20 Effect of substituting or adding new plaintiff or defendant — Section 21 Continuing breaches and torts — Section 22  

A partner may retire

  1. with the consent of all the other partners

  2. in accordance with an express agreement by the partners

  3. where the partnership is at will, by giving notice in writing to all the partners of his intention to retire

  4. All of the above


Correct Option: D
Explanation:

As provided under section 32 of the Partnership Act, a partner may retire with the consent of all the other partners; in accordance with an express agreement by the partners; where the partnership is at will, by giving notice in writing to all the partners of his intention to retire. 

Where a partner in a firm is adjudicated an insolvent,

  1. he does not cease to be a partner

  2. he ceases to be a partner on the date on which the order of adjudication is made, whether or not the firm is thereby dissolved

  3. Both (1) and (2)

  4. None of these


Correct Option: B
Explanation:

Under section 34 of Partnership Act, where a partner in a firm is adjudicated, he ceases to be a partner on the date on which the order of adjudication is made, whether or not the firm is thereby dissolved.

Mode(s) of dissolution of a firm is/are

  1. compulsory dissolution

  2. dissolution by notice of partnership at will

  3. dissolution on the happening of certain contingencies

  4. All of the above


Correct Option: D
Explanation:

Modes of dissolution of a firm are as follows: a) Compulsory dissolution under section 41 b) Dissolution by notice of partnership at will under section 43 c) Dissolution on the happening of certain contingencies under section 42   

Subject to contract between the partners, a firm is dissolved

  1. if constituted for a fixed term, by the expiry of that term

  2. if constituted to carry out one or more adventures or undertakings by completion thereof

  3. by the adjudication of a partner as an insolvent

  4. All of the above


Correct Option: D
Explanation:

Section 42 of the Partnership Act states dissolution on the happening of certain contingencies. Subject to contract between the partners, a firm is dissolved a) if constituted for a fixed term, by the expiry of that term, b) if constituted to carry out one or more adventures or undertakings by the completion thereof, c) by the death of a partner, and d) by the adjudication of a partner as an insolvent.

Which is not the right of a bailee according to Contract Act, 1872?

  1. Right to recover compensation

  2. Right of lien on goods bailed

  3. Right of suit against a wrongdoer

  4. None of these


Correct Option: D
Explanation:

All of the above are under the right of bailee according to Contract Act, 1872.

A relief against parties and persons claiming under them by subsequent title for specific performance of a contract may be enforced under

  1. section 12

  2. section 19

  3. section 18

  4. section 8


Correct Option: B
Explanation:

(2) Scetion 19 of Specific Relief Act deals with the provisions for relief against parties and persons claiming under them by subsequent title.

Under section 31 of Specific Relief Act, the essential conditions under which cancellation of an instrument may be ordered are that

  1. the written instrument is void or voidable against the plaintiff

  2. the plaintiff has reasonable apprehension of serious injury from the instrument is left outstanding

  3. in view of the circumstances, the court considers it as reasonable and necessary to cancel the document

  4. All of the above


Correct Option: D
Explanation:

(4) When a written instrument is void or voidable against any person and the plaintiff has reasonable apprehension that such instrument, if left outstanding, may cause him serious injury may sue to have it adjudged void or voidable. The court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.

Which of the following sections provides the statutory duties of a mortgagee in possession?

  1. Section 77

  2. Section 78

  3. Section 79

  4. Section 76


Correct Option: D
Explanation:

(4) Section 76 provides the statutory duties of a mortgagee in possession.

Where a person is in settled possession of property, even on the assumption that he had no right to remain on the property, he cannot be dispossessed by the owner. This relief is available in Specific Relief Act under

  1. section 6

  2. section 11

  3. section 9

  4. section 8


Correct Option: A
Explanation:

(1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.

Property owned by a Hindu female is divisible into

  1. absolute and limited owner

  2. transferable and non-transferable owner

  3. tenant and owner

  4. None of these


Correct Option: A
Explanation:

Property owned by a Hindu female is divisible into absolute and limited owner.

The provisions relating to “Onerous gift” have been provided in Transfer of Property Act, 1882 under

  1. section 127

  2. section 124

  3. section 125

  4. section 126


Correct Option: A
Explanation:

(1) The provisions relating to “Onerous gift” have been provided in Transfer of Property Act, 1882 under section 127.

A person is entitled to possession of specific immovable property may recover it by suit filed under the provisions of Civil Procedure Code. This relief is provided in Specific Relief Act under

  1. section 11

  2. section 4

  3. section 5

  4. section 9


Correct Option: C
Explanation:

(3) Section 5 of Specific Relief Act provides that a person entitled to the possession of specific immovable property may recover it in the manner provided by Code of Civil Procedure, 1908.

The Transfer of Property (Amendment) Act, 2003 has amended which of the following sections of the Transfer of Property Act, 1882?

  1. Section 107

  2. Section 106

  3. Section 108

  4. Section 100


Correct Option: B
Explanation:

(2) Transfer of Property (Amendment) Act, 2003 has amended section 106 of Transfer of Property Act, 1882.

Under what the surety will not be discharged from liability?

  1. On the death of surety

  2. By variance in the terms of contract

  3. By release or discharge of principal debtor

  4. None of these


Correct Option: D
Explanation:

Because all the above mentioned statements are correct according to Contract Act,1872.

What is the effect of fraud in a contract?

  1. Sometimes the contract is valid.

  2. Contract is void.

  3. It is voidable.

  4. It is legal.


Correct Option: C
Explanation:

Contract made under fraud is voidable at the option of that party whose consent is taken under fraud.

The 42nd Amendment to the Indian constitution is notable because it gives

  1. primacy to Fundamental Rights over Directive Principles

  2. primacy to Directive Principles over Fundamental Rights

  3. special treatment to Jammu and Kashmir

  4. special treatment to Sikkim


Correct Option: B
Explanation:

The 42nd Amendment to the Indian constitution is notable because it gives primacy to Directive Principles over Fundamental Rights.

All instruments shall, for the purpose of this Act, be deemed to be made with reference to the

  1. Gregorian calendar

  2. Hindu calendar

  3. Hizari calendar

  4. None of these


Correct Option: A
Explanation:

All instruments shall, for the purpose of this Act, be deemed to be made with reference to the Gregorian calendar as provided under Section 24 of the Limitation Act.

Guardian means a person taking care of a minor or of his property or both, and includes a

  1. natural guardian

  2. guardian appointed by the will of the minor's father or mother

  3. guardian appointed or declared by a court

  4. All of the above


Correct Option: D
Explanation:

Guardian includes natural guardian, testamentary guardian, guardian appointed by will and de facto guardian appointed by court.

“Ignorance of the law excuses no man; not that all men know the law, but because it is an excuse every man will plead". Who said these words?

  1. Rousseau

  2. John Wilson

  3. John Selden

  4. B. H. Brewster


Correct Option: C
Explanation:

John Selden said that 'Ignorance of the law excuses no man; not that all men know the law, but because it is an excuse every man will plead and no man can tell how to refute him'.

________ is the law of place.

  1. National law

  2. Lex loci

  3. Jus remedium

  4. None of these


Correct Option: B
Explanation:

The term lex loci is a Latin word, which means 'the law of the place' and it is a shorthand version of the choice of law rules that determine the lex causae, i.e. the law chosen to decide a case.

The term legal sub judice means a

  1. case has been decided by a court

  2. case is pending before a court

  3. case has been dismissed by a court

  4. None of these


Correct Option: B
Explanation:

In law, the term 'sub judice' is a Latin term, which means under judgment. In other words, it means a particular case or matter is under trial or being considered by a judge or court.

The word "Satyameva Jayate" is taken from

  1. Mundaka Upanished

  2. Garud Purana

  3. Gita

  4. Mahabharata


Correct Option: A
Explanation:

Satyameva Jayate (meaning 'Truth alone triumphs') is a mantra from the ancient Indian scripture Mundaka Upanishad.

Which is the only union territory having a High Court of its own?

  1. Andaman and Nicobar Islands

  2. Chandigarh

  3. Delhi

  4. None of these


Correct Option: C
Explanation:

Delhi has a separate High Court of its own since 1966.

The reliefs provided under Specific Relief Act, 1963 are

  1. discretionary

  2. mandatory

  3. pro rata

  4. pari passu


Correct Option: A
Explanation:

The reliefs claimed or provided under Specific Relief Act, 1963 are totally based upon the descretion of the court.

Sale of Goods Act, 1930 contains provisions regarding

  1. movable property

  2. immovable property

  3. both movable and immovable properties

  4. None of these


Correct Option: A
Explanation:

Sale of Goods Act, 1930 contains provisions regarding movable property only. Tranfer of Property Act deals with the provisions related to immovable property.

Though there is provision under section 146 of Evidence Act, 1872 that a witness can be cross-examined to discover who he is and what is his position in life, in the case of rape or attempt to rape, the prosecutrix cannot be asked as to her general immoral character. This provision was made in

  1. Criminal Laws (Amendment) Act, 2001

  2. Indian Penal code (Amendment) Act, 1990

  3. Criminal Procedure (Amendment) Act, 1999

  4. Indian Evidence (Amendment) Act, 2002


Correct Option: D
Explanation:

Under section 146, a provison was added by Indian Evidence (Amendment) Act, 2002. 'Provided that in a prosecution for rape or attempt to commit rape, it shall not be permissible to put questions in the cross-examination of the prosecutrix as to her general immoral character'.

National Judicial Academy, which provides training to judicial officers, is situated at

  1. Delhi

  2. Kolkata

  3. Bhopal

  4. Mysore


Correct Option: C
Explanation:

National Judicial Academy, which provides training to judicial officers, is situated at Bhopal.

Who is associated with the drafting of Indian Penal Code?

  1. Lord Macaulay

  2. Sir Frederic Pollock

  3. Mulla

  4. Sir H. S. Maine


Correct Option: A
Explanation:

Lord Macaulay drafted Indian Penal Code.

Contract is said to have three essentials. Which among the following is not essential in the formation of contracts?

  1. Offer

  2. Acceptance

  3. Consideration

  4. Damage


Correct Option: D
Explanation:

Offer, acceptance and consideration are the three essential elements in a valid contract. Damage is not an essential element. 

A and B jointly owe C Rs. 1,000. A pays C the due amount. B, not knowing A has paid, also pays C Rs. 1. C is obliged to return the money under

  1. contract

  2. quasi contract

  3. trust

  4. double jeopardy


Correct Option: B
Explanation:

A and B jointly owe C, Rs. 1,000. A pays C the amount due B, not knowing B has paid, also pays C Re 1. C is obliged to return the money under quasi contract. Quasi contract is an obligation of one party to another imposed by law independently of an agreement between the parties.

A married man commits adultery if he has sexual intercourse with

  1. an unmarried woman

  2. a married woman other than his wife

  3. any woman other than his wife

  4. an unmarried woman without her consent


Correct Option: B
Explanation:

Indian Penal Code defines whoever has sexual intercourse with a person, who is the wife of another man, without the consent or connivance of that man, such sexual intercourse, not amounting to the offence of rape, is guilty of the offence of adultery. 

If a person innocently abducts a girl aged 16 in the belief that she was above 18, is he criminally liable?

  1. Yes

  2. No

  3. Circumstantial

  4. None of these


Correct Option: A
Explanation:

If a person innocently abducts a girl aged 16 in the belief that she was above 18, then he is criminally liable for kidnapping under Indian Penal Code.

Which of the following is true about the Indian National Flag?

  1. Flag rule is followed by the Union Government and the Bureau of Indian Standards has no role.

  2. There is a flag code in India.

  3. Khadi and Gramodyog are authorised flag manufactures and the Bureau of Indian Standards specifies its size.

  4. Any private manufacturer can design the flag and the Bureau of Indian Standards has no role.


Correct Option: B
Explanation:

The flag code of India has been divided into three parts: First part: General description of the National Flag. Second part: Display of the National Flag by members of public, private organisations and educational institutions, etc. Third part: Display of National Flag by Central or State Governments and their organisations and agencies

"World Environment day" is observed on

  1. 25th June

  2. 5th June

  3. 24th October

  4. 10th December


Correct Option: B
Explanation:

'World Environment day' is observed on 5th June.

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