Odisha Judicial Service Examination (Prelims) - 2014
Description: Odisha Judicial Service Examination (Preliminary) (Year NOt Mention) | |
Number of Questions: 100 | |
Created by: Palash Sundaram | |
Tags: Odisha Judicial Service Examination (Preliminary) Constitutional Law Civil Law Code of Criminal Procedure Law of Evidence Criminal Law Specific Relief and Limitation law Property Law Law of Contracts Family Law |
The Constitution (97th Amendment) Act, 2011 inserted under Art. 19 (1)(c) concerned
Indian Constitution was enacted and adopted on
The case of Jaya Bachchan v Union of India relates to
The Supreme Court of India permitted passive euthanasia subject to certain guidelines in the case of
New states are formed under Art. 3 of the Constitution by
Art. 123 deals with
Removal or suspension of a member of Public Service Commission shall be done in accordance with
Provision for imposing the President’s rule in case of failure of constitutional machinery in the states is provided under
Debts between a plaintiff and defendant, one debt may be settled against another, can be a statutory defence to a plaintiff’s action and is called
According to Art. 233, the appointment of a district judge shall be done by
Existence of two suits, by parties litigating under same title, one previously instituted which is pending at present and the other filed later, wherein a matter in issue in the subsequently filed suit is directly and substantially in issue in the other and the relief claimed in the subsequent suit can effectively be passed by the court of previous instance. Which section of CPC decides the fate of the subsequently filed suit and its proceeding?
Doctrine of pith and substance relates to
Name the three pillars on which the foundation of every order of injunction rests.
An attachment before judgement order takes away
Where a party to a suit requires information as to facts from the opposite party, it may administer to its adversary a series of questions. It is called
______ is a suit filed by or against one or more persons on behalf of themselves and others having the same interest in the suit.
_______ is to enable subordinate courts to obtain in non-appealable cases the opinion of the High Court in the absence of a question of law and thereby avoid the commission of an error which cannot be remedied later on.
A person appointed by the court to protect, preserve and manage a property during the pendency of litigation is called
What is the objective of investigation?
A, a railway company, is in possession of goods as a consignee. It does not claim any interest in the goods except lien of wharfage, demurrage and freight, but rival claims have been made by B and C adversely to each other. A can institute
Which of the following propositions is/are correct?
(I) Legal set off requires a court fee, but no court-fee is required in the case of an equitable set off. (ii) In a legal set off, amount claimed can be time barred and in an equitable set off, claim cannot be allowed if it is time barred. (iii) In a legal set off, it is not necessary that cross demands arise out of same transaction and in an equitable set off, cross demands must arise out of the same transaction. (iv) Legal set off can be for any amount not ascertained and an equitable set off may be allowed only for an unascertained amount.
______ shall establish a Court of Session for every sessions division.
Under Section 37 of CrPC, every person is bound to assist a magistrate or police officer in taking or preventing the escape of any other person whom such magistrate or police officer is authorised to arrest
Any police officer may arrest without warrant any person
Original document is the best evidence. Exception to this rule is contained in
______ of the Cr. P. C. deals with medical examination of a victim of rape.
F. I. R. under Section 154 of the Cr. P. C. is not a substantive piece of evidence. Its only use is to contradict or corroborate the matter thereof. It was held in ______ case.
______ confers the power upon the High Court to transfer cases and appeals.
Causing miscarriage, an offence punishable under the Indian Penal Code (45 of 1860), with the permission of the court before which any prosecution for such offence is pending, may be compounded by the
Whenever a charge is altered or added to by the court after the commencement of a trial, the prosecutor and the accused
Reliability of multiple dying declarations came for discussion under
Which of the following persons may be charged jointly?
(i) Persons accused of the same offence committed in the course of the same transaction (ii) Persons accused of an offence and persons accused of abetment of, or attempt to commit, such offence (iii) Persons accused of different offences committed in the course of the same transaction (iv) Persons accused of more than one offence of the same kind, within the meaning of Section 219 committed by them jointly within the period of twelve months
‘The DNA test cannot rebut the conclusive presumption envisaged under S. 12 of the Indian Evidence Act. The parties can avoid the rigor of such conclusive presumption only by proving non-access which is a negative proof.” It was so held in
Propositions regarding confession of a co-accused, not required to be on oath and cannot be tested by cross examination are
(i) no evidence within the meaning of S.23 of Evidence Act and cannot be the foundation of a conviction (ii) the only limited uses which can be made of a confession of a co-accused is by way of furnishing an additional reason for believing such other evidences as exists (iii) a weak type of evidence and is much weaker than the evidence of an approver
An accomplice is unworthy of credit unless he is corroborated in material particulars is a
A dispute regarding handwriting can be proved by
“The doubt, the benefit of which the accused is entitled, must be such as, rational thinking, sensible man may fairly and reasonably entertain, not the doubts of a vacillating mind that has not the moral courage to decide but shelters itself, in a vain and idle skepticism. There must be doubt which a man may honestly and conscientiously entertain.”
A subsequent case which referred to the principles of Praful Desai judgment is
Section _______ of the Evidence Act provides that where a security procedure has been applied to an electronic record at a specific time, the record is deemed to be a secure electronic record from such time until the time of verification.
A, being a public servant directed by law to take property in execution, in order to satisfy a decree pronounced in B’s favour by a court of law, knowingly disobeys that discretion of law, with the knowledge that he is likely thereby to cause injury to B. A has committed the offence defined in Section
“The time-tested rule is that acquittal of a guilty person should preferred to conviction of an innocent person. Unless th prosecution establishes the guilt of the accused beyond reasonable doubt a conviction cannot be passed on the accused. A criminal court cannot afford to deprive liberty of the appellants, lifelong liberty, without having at least a reasonable level of certainty that the appellants were the real culprits.” In which case did Supreme Court hold so?
Which of the following does not form part of Actus Reus?
Under which of the following cases can a statute exclude mens rea?
Criminal conspiracy is defined in
Dacoity can cover
A with a view to murder D enters D’s bedroom at night when D is out of station. A is guilty of
X meets Z on the National Highway, shows a knife and demands money, and gold ornaments found on the body of Z. He has committed
Use of violence by a member of unlawful assembly in furtherance of their common object will constitute offence of
All instruments for the purpose of limitation shall be deemed to be made with reference to
The defence of consent has no application in cases of
The essence of sedition under the Indian Penal Code is
Section 3 of the Limitation Act does not apply to
Which of the following claims under S.3 of the Limitation Act is/are treated as a separate suit?
In order to attract Section 4 of the Limitatiori Act, the court should be closed
Section 3 of the Limitation Act is applicable to the period prescribed by any
Time barred debt can be claimed as
Under the Limitation Act, legal disabilities include
Under the Transfer of Property Act, attached to the earth means
Acknowledgement made by a person other than a person under liability is good if the person making it is
An Ex parte decree can be set aside within 30 days from
Under the Transfer of Property Act, instrument means
Under Section 19 for the extended period of limitation, part payment must be
How can a transfer of property be made?
Which section of the Transfer of Property Act explains, “He who accepts the benefit under the instrument must adopt the whole of it”?
Actionable claim means
Where the proposal made is to be accepted by letters sent through post, the contract is completed the moment
The act of transferring property during the pendency of a proceeding makes the transfer
In an unconscionable contract, the burden of proving that the contract was not induced by undue influence lies on
To create an interest for the benefit of an unborn person, which of the following requirements should be there?
Which of the following is not a transfer of property?
Where the order, in which reciprocal promises are to be performed is not expressly fixed by the contract, they shall be performed in that order which
A revokes by telegram his proposal to B, before its acceptance by B, to sell his house at a certain price.
The revocation is complete against A when
A contract is voidable if consent to an agreement
One person is deemed to be an agnate of another if they are related to each other
The general rules of succession of a Hindu male dying intestate are contained in Section _________ of the Hindu Succession Act, 1956.
Under an agreement, A sells to B his skin bleaching products business “Intimate Whitener” and the goodwill of the business with the condition that A will not carry on such similar business throughout India so long as B carries it on anywhere in India. The agreement records that this condition is reasonable and that no court will have jurisdiction to examine this condition. The agreement is
Under S. 19 of the Hindu Succession Act, 1956, if two or more heirs succeed together to the property of an intestate, they shall take the property as
Husband in Entry (a) of Section 15(1) of the Hindu Succession Act, 1956 includes
An agent has to pay compensation to his principal for his misconduct which results in losses that are
The domicile of a wife under the Indian Succession Act, 1925 is
An Indian Christian under the Indian Succession Act, 1925 means
Which of the given conditions apply(ies) to create a vested interest?
The rights of a child in the womb at the time of the death of a Hindu intestate are provided under the Hindu Succession Act in
The property of an intestate where he has left no lineal descendants can be distributed under the Indian Succession Act, 1925 only after deducting the share of
No suit for the recovery of possession can be filed under S. 6 of the Specific Relief Act after the expiry of
X sells a property to Z with a condition that he must live in it. The condition is
Privileged wills are those made by
Which of the following grounds will prevent a plaintiff from seeking specific enforcement?
Under Section 20 of the Indian Succession Act, 1925, a husband on marriage
Which of the following can be specifically enforced?
A defendant can take which of the following defences in a suit for specific performance?
Relief of specific performance can be granted for enforcing
A bailor is liable for damages arising to the bailee from the faults in the goods if he did not disclose to the bailee his awareness of all
A declaration under S. 34 of the Specific Relief Act can be sought by
A contract can be specifically enforced
A agrees to pay B Rs. 1 Lakh if X is not made the Prime Minister after he wins in the general election for choosing members of Parliament. According to the Contract Act, this is a contingent contract under
A suit for possession under Section 5 of the Specific Relief Act can be filed within
Section 13 of the Specific Relief Act has no application when the transfer has been effected in respect of property whose
Relief of rescission is granted in cases where
A businessman enters into an agreement with a Chartered Accountant to pay him fees and commission for the tax saved by so arranging the accounts as to conceal the true income of the business. Any dispute between the businessman and the Chartered Accountant on the fee and commission is to be settled by arbitration. The agreement is