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Assam Judicial Service (Gr - I) Preliminary Exam 2012

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Directions: In the following question, a word given in capital letters precedes four numbered words or phrases. From these four numbered words or phrases, pick the one most nearly opposite in meaning to the capitalized word.

ARTIFICE

  1. Edifice

  2. Sincerity

  3. Prejudice

  4. Creativity


Correct Option: B
Explanation:

Artifice means deceit or pretence. The most nearly opposite will be "sincerity". Sincerity means absence of pretence or deceit.

Directions: In the following question, a word given in capital letters precedes four numbered words or phrases. From these four numbered words or phrases, pick the one most nearly opposite in meaning to the capitalized word.

PRODIGAL

  1. Nomad

  2. Sycophant

  3. Gifted child

  4. Economical person


Correct Option: D
Explanation:

Prodigal means a person spending money recklessely. The most nearly opposite will be "economical person".

Directions: Choose the correct option to fill in the blank(s).

The orator was so _______ that the audience became _______.

  1. soporific; drowsy

  2. inaudible; elated

  3. convincing; moribund

  4. dramatic; affable


Correct Option: A
Explanation:

The orator was so soporific that the audience became drowsy.

Directions: The following analogy question presents a related pair of words linked by a colon. Four numbered pairs of words follow the linked pair. Choose the numbered pair of words whose relationship is most similar to the relationship expressed in the original linked pair.

TORRENT : DROPLET ::

  1. Water : eddy

  2. Swamp : desert

  3. Downpour : puddle

  4. Avalanche : pebble


Correct Option: D
Explanation:

 A torrent is made up of droplets. An avalanche is sudden fall of rocks, snow or earth and is made up of pebbles.

Michael Phelps, hailed as the greatest Olympian of all time, has won how many Olympic gold medals?

  1. 21

  2. 18

  3. 19

  4. 23


Correct Option: B
Explanation:

Michael Phelps’ medals make him the most decorated Olympic athlete of all time. Phelps has won 22 medals: 18 gold, 2 silver, and 2 bronze.

Directions: Choose the correct option to fill in the blank(s).

The child was so spoiled by her indulgent parents that she pouted and became _______ when she did not receive all of their attention.

  1. discreet

  2. suspicious

  3. tranquil

  4. sullen


Correct Option: D
Explanation:

The child was so spoiled by her indulgent parents that she pouted and became sullen when she did not receive all of their attention.

Sushil Kumar, who is the first Indian to win two individual Olympic medals, won a silver medal in the 2012 London Olympics in which of the following events?

  1. Archery

  2. 66 kg freestyle wrestling

  3. 60 kg freestyle wrestling

  4. 10 in air rifle event


Correct Option: B
Explanation:

Sushil Kumar Solanki is an Indian freestyle wrestler. Competing in the 66 kg weight division, he won the 2010 world title, a silver medal at the 2012 London Olympics and a bronze medal at the 2008 Beijing Olympics, which made him the first Indian to win back to back individual Olympic medals.

M. C. Mary Kom clinched the bronze medal in Women’s Boxing in the 2012 London Olympics in which category?

  1. 55 kg

  2. 51 kg Fly

  3. 52 kg

  4. 49 kg Fly


Correct Option: B
Explanation:

Option 2 is correct.

A crossing on a road is named after which animal?

  1. Elephant

  2. Tiger

  3. Zebra

  4. Giraffe


Correct Option: C
Explanation:

A crossing on a road is named after zebra. It is known as zebra crossing.

Article 14 guarantees equality before law and equal protection of law to

  1. all persons living within the territory of India

  2. all Indian citizens living in India

  3. all persons domiciled in India

  4. all persons natural as well as artificial


Correct Option: A
Explanation:

Article 14 of the Indian Constitution states that the State shall not deny to any person equality before the law or equal protection of the laws within the territory of India. 

Directions: The following analogy question presents a related pair of words linked by a colon. Four numbered pairs of words follow the linked pair. Choose the numbered pair of words whose relationship is most similar to the relationship expressed in the original linked pair.

PHILATELY : STAMPS ::

  1. Calligraphy : pens

  2. Cartography : maps

  3. Chronology : events

  4. Numismatics : coins


Correct Option: D
Explanation:

Philately is the study and collecting of stamps. Numismatics is the study and collecting of coins.

The Indian Constitution was adopted by the Constituent Assembly on

  1. 25th August, 1949

  2. 26th November, 1949

  3. 26th January, 1950

  4. 15th August, 1947


Correct Option: B
Explanation:

The Constitution was adopted by the Constituent Assembly on 26th November, 1949 and came into effect on 26th January, 1950.

A person can be a member of Council of Ministers without being a member of Parliament for a maximum period of

  1. one year

  2. six months

  3. three months

  4. one month


Correct Option: B
Explanation:

A person can be a member of Council of Ministers without being a member of Parliament for a maximum period of six months.

Rights under Article 19 of the Constitution are available to

  1. citizens and non-citizens

  2. natural persons as well as artificial persons

  3. citizens only

  4. all persons who have juristic personality


Correct Option: C
Explanation:

Rights under Article 19 of the Constitution are available to the citizens of India only.

The President’s Rule under Article 356 of the Constitution remains valid in the State for a maximum period of

  1. one year

  2. two years

  3. six months

  4. nine months


Correct Option: C
Explanation:

The President’s Rule under Article 356 of the Constitution remains valid in the State for a maximum period of six months.

The Preamble to our Constitution proclaims that We, the People of India have established

  1. a Sovereign Socialist Secular Democratic Republic

  2. a Sovereign Democratic Republic

  3. a Sovereign Secular Democratic Socialist Republic

  4. a Secular Socialist Democratic Sovereign Republic


Correct Option: A
Explanation:

These are the opening words of the Preamble to the Indian Constitution: WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC...

Find the odd one out from the following:

Pascal, Newton, Cobol, Basic

  1. Pascal

  2. Newton

  3. Cobol

  4. Basic


Correct Option: B
Explanation:

Newton is the derived unit of force.

Money Bill can be introduced in

  1. the House of the People

  2. the Council of States

  3. either of the two Houses

  4. None of the above


Correct Option: A
Explanation:

A Money Bill can be introduced in the House of the People. A Money Bill shall not be introduced in the Council of States. After a Money Bill has been passed by the House of the People, it shall be transmitted to the Council of States for its recommendations.

To establish Section 34 of IPC,

  1. common intention should be proved but overt act should not

  2. common intention and overt act both should be proved

  3. common intention need not be proved but overt act needs to be proved

  4. All of the above


Correct Option: A
Explanation:

To establish Section 34 of IPC, the common intention of the person involved in an act should be proved only.

Which Article lays down that the laws declared by the Supreme Court would be binding on all courts in India?

  1. Article 131

  2. Article 141

  3. Article 143

  4. Article 142


Correct Option: B
Explanation:

Article 141 of the Indian Constitution states that the law declared by the Supreme Court shall be binding on all courts within the territory of India. 

Which Article of the Constitution gives Governor the power to grant pardon in certain cases?

  1. Article 151

  2. Article 155

  3. Article 161

  4. Article 165


Correct Option: C
Explanation:

Article 161 of the Indian Constitution provides for power of Governor to grant pardons, etc, and to suspend, remit or commute sentences in certain cases. 

Fundamental Duties were inserted in the Constitution by the

  1. 42nd Amendment

  2. 44th Amendment

  3. 47th Amendment

  4. 49th Amendment


Correct Option: A
Explanation:

The Fundamental Duties of citizens were added to the Constitution by the 42nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee.

The right of things done in private defence is contained in

  1. section 94 of IPC

  2. section 95 of IPC

  3. section 96 of IPC

  4. section 98 of IPC


Correct Option: C
Explanation:

Section 96 of the Indian Penal Code deals with the right of things done in private defence. 

Culpable homicide has been defined

  1. under section 299 of IPC

  2. under section 300 of IPC

  3. under section 302 of IPC

  4. under section 304 of IPC


Correct Option: A
Explanation:

Culpable homicide has been defined under section 299 of the Indian Penal Code.

For an assembly to be unlawful, it must have a common object of the kind specified in

  1. section 141 of IPC

  2. section 140 of IPC

  3. section 142 of IPC

  4. section 144 of IPC


Correct Option: A
Explanation:

For an assembly to be unlawful, it must have a common object of the kind specified in section 141 of the Indian Penal Code.

Assault can be caused by

  1. gestures

  2. preparations

  3. Both (1) and (2)

  4. Neither (1) nor (2)


Correct Option: C
Explanation:

Section 351 of the Indian Penal Code states that whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or prepa­ration will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force on that person, is said to commit an assault. 

Robbery becomes dacoity when committed conjointly by

  1. two persons

  2. more than two persons but less than five persons

  3. five persons or more

  4. at least ten persons


Correct Option: C
Explanation:

Dacoity is an aggravated form of robbery. Robbery becomes dacoity when committed conjointly by five or more persons. 

The facts which form part of the same transaction are relevant

  1. under section 5 of Evidence Act

  2. under section 6 of Evidence Act

  3. under section 7 of Evidence Act

  4. under section 8 of Evidence Act


Correct Option: B
Explanation:

The facts which form part of the same transaction are relevant under section 6 of the Indian Evidence Act.

Alibi is governed by

  1. section 6 of Evidence Act

  2. section 8 of Evidence Act

  3. section 12 of Evidence Act

  4. section 11 of Evidence Act


Correct Option: D
Explanation:

Alibi is a rule of evidence recognized by section 11 of Evidence Act that facts inconsistent with fact in issue are relevant. 

A confession made by a person while in police custody is inadmissible as per

  1. section 25 of Evidence Act

  2. section 26 of Evidence Act

  3. section 27 of Evidence Act

  4. section 30 of Evidence Act


Correct Option: B
Explanation:

Section 26 of the Indian Evidence Act states that no confession shall be made by any person whilst he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate. 

Admissibility of electronic record has been prescribed under

  1. section 65 of Evidence Act

  2. section 65 A of Evidence Act

  3. section 65 B of Evidence Act

  4. section 66 of Evidence Act


Correct Option: C
Explanation:

Admissibility of electronic record has been prescribed under section 65 B of the Indian Evidence Act.

Public documents are mentioned in

  1. section 72 of Evidence Act

  2. section 73 of Evidence Act

  3. section 74 of Evidence Act

  4. section 75 of Evidence Act


Correct Option: C
Explanation:

Public documents are mentioned in section 74 of the Indian Evidence Act.

For presumption of death under section 108 of Evidence Act, the person is shown to be not heard of for a period of

  1. 3 years

  2. 7 years

  3. 12 years

  4. 30 years


Correct Option: B
Explanation:

For presumption of death under section 108 of Evidence Act, the person is shown to be not heard of for a period of seven years.

Presumption as to dowry death is contained in

  1. section 111 A of Evidence Act

  2. section 113 A of Evidence Act

  3. section 113 B of Evidence Act

  4. section 113 of Evidence Act


Correct Option: C
Explanation:

Presumption as to dowry death is contained in section 113 B of the Indian Evidence Act.

A Magistrate has the power under Cr.P.C. to direct the police to investigate into

  1. a non-cognizable offence

  2. a cognizable offence

  3. only a non-cognizable offence, as in the cognizable offence the police is under a duty to investigate

  4. Both (1) and (2)


Correct Option: D
Explanation:

A Magistrate has the power under Cr.P.C. to direct the police to investigate into cognizable and non-cognizable offences.

It is mandatory to produce the person arrested before a Magistrate, within 24 hours of his arrest, under

  1. section 56 of CrPC

  2. section 57 of CrPC

  3. section 58 of CrPC

  4. section 59 of CrPC


Correct Option: B
Explanation:

It is mandatory to produce the person arrested before a Magistrate, within 24 hours of his arrest, under section 57 of the code of criminal procedure.

Where the police submits a final report under section 173(2) of CrPC for dropping of proceedings to a Magistrate, the Magistrate

  1. may accept the same

  2. may reject the same and take cognizance

  3. may reject the same and order further investigation

  4. Any of the above


Correct Option: C
Explanation:

Where the police submits a final report under section 173(2) of CrPC, for dropping of proceedings to a Magistrate, the Magistrate may reject the same and order further investigation.

Examination of witnesses in the absence of the accused can be done under

  1. section 299 of CrPC

  2. section 321 of CrPC

  3. section 224 of CrPC

  4. section 301 of CrPC


Correct Option: A
Explanation:

Examination of witnesses in the absence of the accused can be done under section 299 of the code of criminal procedure.

A case can be committed to the Court of Sessions by a Magistrate

  1. under section 209 of CrPC

  2. under section 323 of CrPC

  3. under section 324 of CrPC

  4. Both (1) and (2)


Correct Option: D
Explanation:

Under section 209 of the code of criminal procedure, a case can be commited to the Court of Sessions when offence is triable exclusively by it and under section 209 of the code of criminal procedure, a case can be commited to the Court of Sessions when, if, in any inquiry into an offence or a trial before a Magistrate, it appears to him that the case is one which ought to be tried by the Court of Sessions. 

Disposal of property at the conclusion of trial is governed by

  1. section 452 of CrPC

  2. section 453 of CrPC

  3. section 454 of CrPC

  4. section 455 of CrPC


Correct Option: A
Explanation:

Disposal of property at the conclusion of trial is governed by section 452 of the code of criminal procedure.

Constructive res-judicata is contained in

  1. explanation III to section 11

  2. explanation IV to section 11

  3. explanation VI to section 11

  4. explanation VII to section 11


Correct Option: B
Explanation:

Constructive res-judicata is contained in explanation IV of section 11 of the code of civil procedure as any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.

Adjournment can be granted

  1. under Order XVII, Rule 3 of the CPC

  2. under Order XVII, Rule 2 of the CPC

  3. under Order XVII, Rule 1 of the CPC

  4. None of the above


Correct Option: C
Explanation:

Under Order XVII, Rule 1 of the CPC, the court may, if sufficient cause is shown, at any stage of the suit grant time to the parties or to any of them and may from time to time adjourn the hearing of the suit for reasons to be recorded in writing. 

Under section 313 of CrPC, the statement of the accused

  1. has to be recorded on oath

  2. has to be recorded without oath

  3. has to be recorded either on oath or without oath depending on whether the case is a summons trial or a warrant trial

  4. has to be recorded either on oath or without oath as per the discretion of the Court


Correct Option: B
Explanation:

No oath shall be administered to the accused when he is examined under section 313 sub-section (1) of the code of criminal procedure.

‘X’ enters into a contract with Y for which Y is guilty of fraud. X can

  1. set aside the contract and recover damages

  2. set aside the contract but cannot recover damages

  3. recover damages but cannot set aside the contract

  4. recover damages for actual loss suffered


Correct Option: A
Explanation:

‘X’ enters into a contract with Y for which Y is guilty of fraud. X can set aside the contract and recover damages from Y.

Supreme Court in which among the following cases observed that CPC Amendment Acts of 1999 and 2002 are constitutionally valid?

  1. Salem Advocate Bar Association, Tamil Nadu v. Union of India

  2. Delhi High Court Bar Association v. Union of India

  3. Allahabad High Court Bar Association v. Union of India

  4. Punjab and Haryana High Court Bar Association v. Union of India


Correct Option: A
Explanation:

Supreme Court in the case of "Salem Advocate Bar Association, Tamil Nadu v. Union of India" observed that CPC Amendment Acts of 1999 and 2002 are constitutionally valid.

Under Order VII, Rule 11 of CPC,

  1. part only of the plaint can be rejected

  2. whole of the plaint is to be rejected

  3. part of the plaint or whole of the plaint can be rejected

  4. it is the discretion of the Court to reject the plaint in part


Correct Option: B
Explanation:

Under Order VII, Rule 11 of CPC, whole of the plaint is to be rejected.

A suit can be dismissed in default

  1. under Order IX, Rule 1 of the CPC

  2. under Order IX, Rule 3 of the CPC

  3. under Order IX, Rule 8 of the CPC

  4. Both (2) and (3)


Correct Option: D
Explanation:

Under Order IX, Rule 3 of CPC, where neither party appears and under Order IX, Rule 8 of the CPC, where only defendant appears, the suit shall be dismissed in default. 

Agency stands terminated

  1. by the death, insolvency or insanity of the principal

  2. by the death, insolvency or insanity of the agent

  3. by the death, insolvency or insanity of either the principal or the agent

  4. by the death, insolvency or insanity of the principal and the agent both


Correct Option: C
Explanation:

Agency stands terminated by the death, insanity or insolvency of either the principal or the agent.

Which of the following is not a decree?

  1. Dismissal in default

  2. Rejection of a plaint

  3. Both (1) and (2)

  4. Neither (1) nor (2)


Correct Option: A
Explanation:

Section 2(2) of the code of civil procedure defines “decree” as the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include - (a) any adjudication from which an appeal lies as an appeal from an order, or (b) any order of dismissal for default. 

Section 89 of CPC provides for

  1. settlement of disputes outside Court

  2. settlement of disputes through Court

  3. settlement of disputes through village panchayat

  4. All of the above


Correct Option: A
Explanation:

Section 89 of CPC provides for settlement of disputes outside Court.

‘A’ dies leaving behind a son 'X’ and a married daughter Y. A suit filed by ‘A’, after his death, can be continued by

  1. ‘X’ alone as legal representative

  2. ‘Y’ alone as legal representative

  3. ‘X’, ‘Y’ and the husband of Y as legal representatives

  4. ‘X’ and ‘Y’ both as legal representatives


Correct Option: D
Explanation:

A suit filed by ‘A’, after his death, can be continued by 'X' and 'Y' both as legal representatives.

Appointment of receiver has been dealt with

  1. under Order XLIV

  2. under Order XLII

  3. under Order XL

  4. under Order VLV


Correct Option: C
Explanation:

Appointment of receiver has been dealt with under Order XL of the code of civil procedure.

Novation of a contract means

  1. the renewal of original contract

  2. substitution of a new contract in place of original contract

  3. cancellation of contract

  4. alteration of contract


Correct Option: B
Explanation:

Novation of contract means the substitution of a new contract for an old one. The new agreement extinguishes the rights and obligations that were in effect under the old agreement.

Within the meaning of Section 4 of the Transfer of Property Act, 1882, the provisions of sections 54, paragraphs 2 and 3, and sections 59, 107 and 123 shall be read as supplemental to

  1. Indian Contract Act, 1872

  2. Indian Registration Act, 1908

  3. General Clauses Act, 1897

  4. Sale of Goods Act, 1930


Correct Option: B
Explanation:

Section 4 of the Transfer of Property Act states that the chapters and sections of this act which relate to contracts shall be taken as part of the Indian Contract Act, 1872 and section 54, paragraphs 2 and 3, and sections 59, 107 and 123 shall be read as supplemental to the Indian Registration Act.

Under the Transfer of Property Act, 1882, the condition restraining alienation is provided in

  1. section 10

  2. section 9

  3. section 8

  4. section 7


Correct Option: A
Explanation:

Under the Transfer of Property Act, 1882, the condition restraining alienation is provided under section 10.

The term ‘sale’ in the Transfer of Property Act, 1882 is defined in section

  1. 53

  2. 54

  3. 55

  4. 56


Correct Option: B
Explanation:

The term ‘sale’ in the Transfer of Property Act, 1882 is defined in section 54 as a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.

The time for presentation of document for registration has been provided in

  1. section 22

  2. section 23

  3. section 24

  4. section 25


Correct Option: B
Explanation:

The time for presentation of document for registration has been provided in section 23 of the act. As per section 23 of the Registration Act, 1908, the document should be presented within 4 months.

Rule of lis pendens is applicable to suits for specific performance of contracts to transfer immovable property. This statement is

  1. true

  2. false

  3. partly true

  4. None of the above


Correct Option: A
Explanation:

The statement is true.

The doctrine of ‘relation back’ in the Registration Act is contained in

  1. section 42

  2. section 47

  3. section 48

  4. section 50


Correct Option: B
Explanation:

The "Doctrine of Relation Back" is the principle that an act done at a later time is deemed by law to have occurred at a prior time. Section 47 of the Registration Act, 1908 provides that a registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration.

Section 6 of the Limitation Act can be availed by

  1. plaintiff(s)

  2. defendant(s)

  3. Both (1) and (2)

  4. None of the above


Correct Option: A
Explanation:

Under section 6 of the Limitation Act, these words are used: "person entitled to institute a suit". This states that section 6 can only be availed by plaintiff.

Under the Registration Act, a registered document operates

  1. from the date of its registration

  2. from the date of its execution

  3. from the date as given for the operation of the document, in the document

  4. None of the above


Correct Option: C
Explanation:

A registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration.

The period of limitation for suits not specifically provided under the Schedule is

  1. 1 year

  2. 2 years

  3. 3 years

  4. 12 years


Correct Option: C
Explanation:

Article 113 of the Limitation Act provides that the period of limitation for suits not specifically provided under the Schedule is three years.

The concept of ‘trusts’ originated in

  1. France

  2. England

  3. Germany

  4. Rome


Correct Option: B
Explanation:

The law of trusts first developed in the 12th century from the time of the crusades under the jurisdiction of the King of England.

To mature as a ground of divorce, under Hindu Marriage Act, 1955, the desertion must continue for a minimum period of

  1. one year

  2. two years

  3. three years

  4. five years


Correct Option: B
Explanation:

To mature as a ground of divorce, under Hindu Marriage Act, 1955, the desertion must continue for a minimum period of two years.

As regards the payment, the dower can be

  1. prompt

  2. deferred

  3. Both (1) and (2)

  4. Only (1) and not (2)


Correct Option: C
Explanation:

Prompt dower is payable on demand by the wife. Deferred dower is payable on (i) dissolution of marriage by death or (ii) divorce.

Power to ascertain net profits or market-value under the Court-fees Act, 1870 is provided in

  1. section 8

  2. section 9

  3. section 14

  4. section 15


Correct Option: B
Explanation:

Power to ascertain net profits or market-value under the Court-fees Act, 1870 is provided in section 9.

Rights and liabilities of beneficiaries are provided under sections

  1. 51 - 65 of the Indian Trusts Act, 1882

  2. 53 - 67 of the Indian Trusts Act, 1882

  3. 55 - 69 of the Indian Trusts Act, 1882

  4. 57 - 71 of the Indian Trusts Act, 1882


Correct Option: C
Explanation:

Rights and liabilities of beneficiaries are provided under chapter VI and sections 55 to 69 of the Indian Trusts Act, 1882.

Computation of fees payable in certain suits under the Court-fees Act, 1870 is provided in

  1. section 6

  2. section 7

  3. section 8

  4. section 9


Correct Option: B
Explanation:

Computation of fees payable in certain suits under the Court-fees Act, 1870 is provided in section 7.

An application for setting aside an arbitral award must be made by the party after receiving the award within

  1. three months

  2. thirty days

  3. ninety days

  4. forty days


Correct Option: B
Explanation:

An application for setting aside an arbitral award must be made by the party after receiving the award within thirty days.

The period of limitation for setting aside abatement is

  1. 30 days

  2. 60 days

  3. 10 days

  4. 90 days


Correct Option: B
Explanation:

The period of limitation for an application under the Civil Procedure Code for an order to set aside abatement is sixty days and the limit commences from the date of abatement.

The period of limitation for a suit for possession of immovable property based on title is

  1. one year

  2. three years

  3. twelve years

  4. six months


Correct Option: C
Explanation:

The period of limitation for a suit for possession of immovable property based on title is twelve years. It is provided under article 65 of the Limitation Act.

The Collector shall make an award under section 11 of the Land Acquisition Act, 1894 within what period from the date of publication of the declaration?

  1. 6 months

  2. 1 year

  3. 2 years

  4. 3 years


Correct Option: C
Explanation:

The Collector shall make an award under section 11 within a period of two years from the date of publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse.

An appeal under the Arbitration and Conciliation Act, 1996 shall lie from which of the following orders to the court authorised by law to hear appeals from original decrees of the court passing the order?

  1. Granting or refusing to grant any measure under section 9

  2. Setting aside or refusing to set aside an arbitral award under section 34

  3. Only (1) is correct.

  4. Both (1) and (2) are correct.


Correct Option: D
Explanation:

Section 37 of the Arbitration and Conciliation Act, 1996 states that an appeal shall lie from the following orders (and from no others) to the Court authorised by law to hear appeals from original decrees of the Court passing the order, namely:

(a) granting or refusing to grant any measure under section 9 (b) setting aside or refusing to set aside an arbitral award under section 34

The ‘Principle of Confidentiality’ in the Arbitration and Conciliation Act, 1996 is laid down in

  1. section 76

  2. section 73

  3. section 75

  4. section 74


Correct Option: C
Explanation:

The ‘Principle of Confidentiality’ in the Arbitration and Conciliation Act, 1996 is laid down in section 75. It provides that the conciliator and the parties shall keep confidential all matters relating to the conciliation proceedings. 

Workman is defined under the Industrial Disputes Act, 1947 in section

  1. 2 (m)

  2. 2 (r)

  3. 2

  4. 2 (s)


Correct Option: D
Explanation:

The Industrial Disputes Act under section 2 (s) defines a “Workman” as any person (including an apprentice) employed in any industry to do any manual, unskilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment are expressed or implied.

Labour Courts under the Industrial Disputes Act, 1947 are constituted under section

  1. 5

  2. 7

  3. 8

  4. 9


Correct Option: B
Explanation:

Labour Courts under the Industrial Disputes Act, 1947 are constituted under section 7 as the appropriate Government may, by notification in the Official Gazette, constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the Second Schedule and for performing such other functions as may be assigned to them under this Act.

Under section 168(2) of the Motor Vehicles Act, 1988, Claims Tribunal shall arrange to deliver copies of the award to the parties concerned within how many days from the date of the award?

  1. 15 days

  2. 30 days

  3. 45 days

  4. 60 days


Correct Option: A
Explanation:

Under section 168(2) of the Motor Vehicles Act, 1988, Claims Tribunal shall arrange to deliver copies of the award to the parties concerned within fifteen days from the date of the award.

The general principles on which the perpetual injunctions could be granted under the Specific Relief Act are contained in

  1. section 37

  2. section 38

  3. section 39

  4. section 40


Correct Option: B
Explanation:

The general principles on which the perpetual injunctions could be granted under the Specific Relief Act are contained in section 38.

Savigny is an exponent of

  1. Analytical School of Jurisprudence

  2. Historical School of Jurisprudence

  3. Sociological School of Jurisprudence

  4. None of the above


Correct Option: B
Explanation:

Savigny is an exponent of Historical School of Jurisprudence. Historical School of Jurisprudence states that law is not made, it is found; and customs are superior to legislations.

“Nature of Judicial Process” was written by

  1. Immanuel Kant

  2. John Rawls

  3. Benjamin Cardozo

  4. Justice Oliver Wendell Holmes


Correct Option: C
Explanation:

“Nature of Judicial Process” was written by Benjamin Cardozo. It states that the duty of the judge is to interpret and apply the law to the cases before him. 

Who defined State as “an association of human beings established for the attainment of certain ends by certain means”?

  1. Salmond

  2. Holland

  3. John Locke

  4. Garner


Correct Option: A
Explanation:

According to Salmond, “A State is an association of human beings established for the attainment of certain ends by certain means.” The relationship between State and law is inherent. A State maintains peace and administration in a society through law.

“Philosophy of Law” is a book written by

  1. Stammler

  2. Kohler

  3. Sir Henry Maine

  4. John Austin


Correct Option: B
Explanation:

“Philosophy of Law” is a book written by Joseph Kohler. Kohler does not regard the law as being automatically created. He states that Jurisprudence must be a creative science, and the legal order must continue to evolve to satisfy the needs of a society.

Under Land Acquisition Act, 1894, provision of which section provides for matters to be neglected in determining compensation?

  1. 23

  2. 24

  3. 26

  4. 29


Correct Option: B
Explanation:

Under Land Acquisition Act, 1894, provision of section 24 provides for matters to be neglected in determining compensation.

Which section of the Motor Vehicles Act, 1988 provides for special provisions as to payment of compensation on structured formula basis?

  1. 161

  2. 163

  3. 163-A

  4. 170


Correct Option: C
Explanation:

Section 163-A of the Motor Vehicles Act, 1988 provides for special provisions as to payment of compensation on structured formula basis.

Under Section 6 (2) (a) of the Specific Relief Act, 1963, no suit shall be brought after expiry of what period from the date of dispossession?

  1. 6 months

  2. 1 year

  3. 2 years

  4. 3 years


Correct Option: A
Explanation:

Under Section 6 (2) (a) of the Specific Relief Act, 1963, no suit shall be brought after expiry of six months from the date of dispossession.

Part III of the Specific Relief Act, 1963 deals with

  1. Specific Relief

  2. Declaratory Decrees

  3. Preventive Relief

  4. None of the above


Correct Option: C
Explanation:

Part III of the Specific Relief Act, 1963 deals with Preventive Relief.

Which of the following is the most appropriate title for the passage, based on its content?

Directions: Read the given passage and answer the following question.

Both plants and animals of many sorts show remarkable change in form, structure, growth habits, and even mode of reproduction in becoming adapted to different climatic environment, types of food supply, or mode of living. This divergence in response to evolution is commonly expressed by altering the fotin and function of some part or parts of the organism, the original identity of which is clearly discernible. For example, the creeping foot of the snail is seen in related marine pteropods to be modified into a flapping organ useful for swimming, and is changed into prehensile arms that bear suctorial disks in the squids and other cephalopods. The limbs of various mammals are modified according to several different modes of life- for swift running (cursorial) as in the horse arid antelope, for swinging in trees (arboreal) as in the monkeys, for digging (fossorial) as in the moles and gophers, for flying (Volant) as in the bats, for swimming (acquatic) as in the seals, whales and dolphins, and for other adaptations. The structures or organs that show main change in connection with this adaptive divergence are commonly identified readily as homologous, in spite of great alterations. Thus, the linger and wrist bones of a bat and whale, for instance, have virtually nothing in common except that they are definitely equivalent elements of the mammalian limb.

  1. Adaptive Divergence

  2. Evolution

  3. Unusual Structures

  4. Changes in Organs


Correct Option: A
Explanation:

It is mentioned in the 1st two lines of the passage. Rest of the passage exemplifies and explains the same.

The author provides information that would answer which of the following questions?

I. What factors cause change in organisms? II. What is the theory of evolution? III. How are horses’ legs related to seals’ flippers?

Directions: Read the given passage and answer the following question.

Both plants and animals of many sorts show remarkable change in form, structure, growth habits, and even mode of reproduction in becoming adapted to different climatic environment, types of food supply, or mode of living. This divergence in response to evolution is commonly expressed by altering the fotin and function of some part or parts of the organism, the original identity of which is clearly discernible. For example, the creeping foot of the snail is seen in related marine pteropods to be modified into a flapping organ useful for swimming, and is changed into prehensile arms that bear suctorial disks in the squids and other cephalopods. The limbs of various mammals are modified according to several different modes of life- for swift running (cursorial) as in the horse arid antelope, for swinging in trees (arboreal) as in the monkeys, for digging (fossorial) as in the moles and gophers, for flying (Volant) as in the bats, for swimming (acquatic) as in the seals, whales and dolphins, and for other adaptations. The structures or organs that show main change in connection with this adaptive divergence are commonly identified readily as homologous, in spite of great alterations. Thus, the linger and wrist bones of a bat and whale, for instance, have virtually nothing in common except that they are definitely equivalent elements of the mammalian limb.

  1. I only

  2. II only

  3. I and II only

  4. I and III only


Correct Option: D
Explanation:

I and III are mentioned in the following lines, "The limbs of various mammals are modified according to several different modes of life - for swift running (cursorial) as in the horse arid antelope, for swinging in trees (arboreal) as in the monkeys...", and "Thus, the linger and wrist bones of a bat and whale, for instance, have virtually nothing in common except that they are definitely equivalent elements of the mammalian limb."

Which of the following words could best be substituted for “homologous” (line 14) without substantially changing the author's meaning?

Directions: Read the given passage and answer the following question.

Both plants and animals of many sorts show remarkable change in form, structure, growth habits, and even mode of reproduction in becoming adapted to different climatic environment, types of food supply, or mode of living. This divergence in response to evolution is commonly expressed by altering the fotin and function of some part or parts of the organism, the original identity of which is clearly discernible. For example, the creeping foot of the snail is seen in related marine pteropods to be modified into a flapping organ useful for swimming, and is changed into prehensile arms that bear suctorial disks in the squids and other cephalopods. The limbs of various mammals are modified according to several different modes of life- for swift running (cursorial) as in the horse arid antelope, for swinging in trees (arboreal) as in the monkeys, for digging (fossorial) as in the moles and gophers, for flying (Volant) as in the bats, for swimming (acquatic) as in the seals, whales and dolphins, and for other adaptations. The structures or organs that show main change in connection with this adaptive divergence are commonly identified readily as homologous, in spite of great alterations. Thus, the linger and wrist bones of a bat and whale, for instance, have virtually nothing in common except that they are definitely equivalent elements of the mammalian limb.

  1. altered

  2. mammalian

  3. corresponding

  4. divergent


Correct Option: C
Explanation:

The author means that "in spite of great alterations", the structures or organs that show main change in connection with this adaptive divergence are identified as corresponding.

The author’s style can best be described as

Directions: Read the given passage and answer the following question.

Both plants and animals of many sorts show remarkable change in form, structure, growth habits, and even mode of reproduction in becoming adapted to different climatic environment, types of food supply, or mode of living. This divergence in response to evolution is commonly expressed by altering the fotin and function of some part or parts of the organism, the original identity of which is clearly discernible. For example, the creeping foot of the snail is seen in related marine pteropods to be modified into a flapping organ useful for swimming, and is changed into prehensile arms that bear suctorial disks in the squids and other cephalopods. The limbs of various mammals are modified according to several different modes of life- for swift running (cursorial) as in the horse arid antelope, for swinging in trees (arboreal) as in the monkeys, for digging (fossorial) as in the moles and gophers, for flying (Volant) as in the bats, for swimming (acquatic) as in the seals, whales and dolphins, and for other adaptations. The structures or organs that show main change in connection with this adaptive divergence are commonly identified readily as homologous, in spite of great alterations. Thus, the linger and wrist bones of a bat and whale, for instance, have virtually nothing in common except that they are definitely equivalent elements of the mammalian limb.

  1. humorous

  2. objective

  3. patronizing

  4. esoteric


Correct Option: B
Explanation:

The author is being objective in his approach here.

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