Odisha Judicial Service (Prelims) Exam 2006
Description: Odisha Judicial Service (Prelims) Exam 2006, Previous 2006 paper judicial services | |
Number of Questions: 120 | |
Created by: Palash Sundaram | |
Tags: Odisha Judicial Service (Prelims) Exam 2006 Previous 2006 paper judicial services Jurisprudence Property Law Famous Cases Constitutional Law International Law Law of Torts Criminal Law Law of Contracts |
The statement “There is no distinction between public and private law” is attributed to
“Jurisprudence is the formal science of those relations of mankind which are generally recognised as having legal consequences and as such is the formal science of positive law.” Jurisprudence has been defined above by
Kelsen’s theory of law is called pure theory of law because Kelsen
“Law as such is found and not made. It is to be found in popular faith, common convictions, customs, traits, habits and traditions which in course of time grow into legal rules.”
This concept of law was propounded by
‘Positive Law’ is called positive because it is
Realist theory of Gierke is also known by the name of
“All theories on the subject of punishment have more or less broken down and we are at sea as to first principle of punishment.” It was so observed by
Roscoe Pound propounded the theory of “Social Engineering” which means
“Fear is an emotion that plays a paramount part in every human being’s life. If a man knows that violation of laws will render him to suffer, he by instinct fears to commit it.” The above statement supports
Consider the following four types of legal doctrines:
- Volksgeist
- Imperative theory of law
- Social engineering
- Social solidarity
Identify the correct chronological order of their appearance:
Consider the following statements regarding Natural Law and choose the correct option:
- The central notion of natural law is the existence of objective moral principle.
- These principles are discovered by reference to legal sources as the Constitution, Codes and so on.
- These principles are discovered as the essential nature of man.
“To open a school is to close a prison.” The above dictum is of
According to Jurists of Analytical School,
“Custom, as a source of law, comprises legal rules which have neither been promulgated by legislation nor formulated by professionally trained judges, but arises from popular opinion and is sanctioned by long usage.”
Who amongst the following defined custom as above?
Which one of the following is not the correct attribute of ownership?
The statement “Precedents are the past decisions which are used as guide in the moulding of future decisions”, is attributed to
“The pleasure of vengeance calls to mind sermon’s riddle. It was sweet coming out of terrible, it is the honey dropping from the lion’s mouth.” It was so observed by
Which of the following could be considered as the advantages of legislation over precedent?
- Abrogative power
- Foreknowledge
- Prospective application
- Systematic arrangement
Select the correct answer, using the codes given below:
Find out according to whom, there are four classes of absolute duties, viz. duties to self, duty to indeterminate person, duty to the sovereign and duty to one who is not a human being.
The nature of the Indian constitution is
The preamble to the Constitution secures to all citizens
The words ‘Socialist Secular’ have been inserted in the preamble by the
The President of India shall hold office
In which one of the following cases has the court applied the doctrine of “lifting the veil” to determine distinct personality of a corporation?
The directive to the state for formulating its economic policy is provided under
Article 323 is related to
The Constitution (77th Amendment) Act, 1995
The Chairman of a State Public Service Commission is appointed by the
An amendment of the Constitution may be initiated in
Article 355 of the Constitution of India provides for
To seek the services of a legal practitioner of one's own choice is guaranteed as a fundamental right under
Any charge for impeachment of the President may be preferred
The salary of a sitting judge of the Supreme Court of India may be reduced
In Air India V. Nargesh Meerza (1981) 4SCC 335, the termination of air hostesses on the ground of pregnancy within four years was held to be
‘The preamble is a part of the Constitution’ was held in
The fundamental duties are confined to
The Chairman of the Union Public Service Commission may be removed from his office
Which of the following statements relating to the basis of International Law is true?
Which of the following statements reflects the true definition of International Law?
The Governor of a state under the Constitution of India is empowered to act without the aid and advice of the Council of Ministers and acts in his own discretion under
Which of the following theories is being followed in India in respect of International Law?
Every Judge of the Supreme Court shall hold office until he attains the age of
Which of the following sources of International Law does not find mention in Article 38 of the Statute of International Court of Justice?
Which of the following statements relating to Monism is true?
The 44th Constitutional Amendment Act, 1978
Which of the following are considered as a subsidiary means of determination of law, under International Law in its settlement of disputes?
Which of the following statements relating to the recognition of States is not true?
Which of the following statements relating to ‘custom’ as a source of International Law is correct?
Which of the following Articles of the UN Charter embodies the principle of self-determination as one of the purposes of United Nations?
Which of the following is a consequence of non-recognition of a State?
According to Article 38 of the Statute of International Court of Justice, which is the correct order of the sources of International Law?
Which of the following statements relating to succession of state is true?
The principle of ‘continuity of state’ means
According to the provisions of the UN Charter, the primary responsibility for the maintenance of International Peace and Security rests with
Which of the following statements relating to the binding nature of the resolutions of Security Council is ‘true’?
Which of the following statements is not true with respect to the Human Rights under the UN Charter?
Which of the following Human Rights is not expressly provided for in the UDHR, 1948?
Which one of the following is an essential component of the law of tort?
Which of the following statements relating to the principle of ‘Non-Intervention’ proclaimed under Article 2(7) of the UN Charter is true?
Which of the following Human Rights is considered as the third generation of Human Rights?
A master M employed a car mechanic S to repair cars. S repaired the plaintiff’s car and drove it for a short distance to check whether the repair was proper. In the process, S caused an accident and injured the plaintiff P. M is
In law of tort, duty is
Which of the following rights is not included in the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)?
Which one of the following does not constitute course of employment?
Which one of the following statements is correct with reference to the neighbour principle?
In the tort of defamation,
In law of tort, a person should be called upon to pay for damage caused by his
Which one of the following is not an essential element of the tort of conspiracy?
A plaintiff has no remedy under strict liability if
X and Y searching for a gas leak applied a naked light to a gas pipe in turns. Y’s act caused an explosion resulting in damage. Which one of the following statements is correct?
Persons are said to be joint tort-feasors when their separate shares in the commission of the tort are done in furtherance of a common
Employees of a municipality opened a street manhole to correct underground faults. Since they could not complete the work the same day, they covered the manhole by canvass and surrounded the same by warning lamps. In the evening, a child of eight years of age came on to the scene and started playing with the lamp when he stumbled and fell into the manhole sustaining burn injuries. The municipality is
In the tort of conspiracy, it is necessary to
Which one of the following is a remedy in an action for nuisance in tort?
A private action lies in public nuisance when the damage caused is
Which of the following statements are correct in respect of the defence of fair comment in tort of defamation?
- The matter commented on must be of public interest.
- The comment must be an assertion of fact.
- The comment must be true.
- The comment must not be malicious.
- The comment must be an expression of opinion.
Select the correct answer using the codes given below:
A is sleeping in his room at night when B locks his door from outside. B unlocks and opens the door before A gets up in the morning. B is
A unlawfully locks B in a room. B has a duplicate key in his pocket by which he can open the door from inside and come out. But B forgets about the key and, as a result, remains locked for two hours. B then remembers that he has a duplicate key and opens the door and comes out. A is
Malicious prosecution is a tort against
Mens rea implies
Which one of the following is not an essential element of the tort of malicious prosecution?
A, with the intention of marrying a lady B during the life time of his wife X, enters into a wedlock with B. Unknown to A, X had died in an accident just a few hours before the marriage. Here A is liable for
Mens rea on the part of the accused is
A was under voluntary intoxication when he killed B. The prosecution could not establish that A was capable of formulating the intention to kill. Here, A is guilty of
For determining liability of several persons with the help of Section 34, it is required that these persons should
A keeps his wife B locked up in a room without food for several days with intention to bring about her death. One day, B escapes from the lock-up and is at verge of collapse when taken to hospital by the villagers. B, however, recovers fully after the treatment. Here,
A joins a gang of dacoits by reason of a threat of being beaten. He is compelled later on by the decoits to break open the door of a house to facilitate dacoity in which an inmate of the house is killed. Here,
X, servant of a household, agrees with A and B to keep the door of the house open during night to facilitate theft. In accordance with the agreement, X keeps the door open but A and B do not turn up. Here, the offence committed is
Which of the following statements is not correct?
A, B, C, D and E allegedly entered the house of X with the common object of taking forcible possession of the house. A, who was carrying a pistol within the knowledge of others, shot X dead in order to take possession. E was acquitted as it could not be proved beyond reasonable doubt that E was present in the assembly. Here,
A and B agreed to cause the death of X by poisoning. B, in persuance of the agreement, went to a chemist C’s shop and told him the purpose for which the poison was required. C provided B the poison. The accused were caught before the poison could be administered to X. Here,
An agreement between two or more persons is required for criminal conspiracy under Section 120-A. Which of the following statements is correct in this context?
A speech is punishable as sedition if it
Which of the following is required as an essential ingredient of ‘sedition’?
On being informed that six persons armed with deadly weapons are coming to loot their house, the inmates of the house fled away in fear of being killed. The accused entered the house and took away the property without use of any violence. The offence committed was
The act of the accused causing death amounts to murder if the act is done
Extortion becomes robbery when
The act of the accused amounts to culpable homicide not amounting to murder if it falls under
(1) any one of the Clauses of Section 299 (2) any one of the Clauses of Section 299 but does not fall under any one of the four Clauses of Section 300 (3) any one of the exceptions to Section 300
A finds a five-hundred rupee currency note near his office. A is guilty of criminal misappropriation if he
An employer deducts an amount from the salary of an employee as Provident Fund but fails to deposit the amount in the Provident Fund account of the employee. The offence committed by the employer is
A master asks his servant to sell his cycle to him at less than the market price. This contract can be avoided by the servant on the grounds of
If both the parties to a contract believe in the existence of a subject which in fact does not exist, the agreement would be
Which country does not recognise a past consideration?
When the damages cannot be assessed, the party may be awarded by the court
“V” places an order with “S” for the supply of 20 sewing machines. “S” could not supply these in time. “V” loses a profitable contract due to this and claims his loss of profit from “S”. But “V” does not succeed as the nature of damage is
Which one of the following conditions must be satisfied for making claim under “necessaries” supplied to a person incapable of contracting?
“B” accepts the proposal of “A” by posting a letter of acceptance to “A”. The above acceptance
In case of conflict of jurisdiction of the courts, the incidence of a contract shall be governed by the law of the place where the
The inadequacy of consideration will be taken into account by a Court of Law
The principle behind the doctrine of pan delicto is that where each party is equally at fault, the law favours the party who actually is
A quantum meruit claim might arise in the situations some of which are contractual and others quasi-contractual. The plaintiff entered into an agreement to work for a periodical and as per the agreement, he was to receive a lumpsum amount on completion of his work. When the plaintiff had written part of the work, the defendant had already abandoned the project. The plaintiff was held entitled to sue for the work already done because the plaintiff’s claim was
A standard form of contract is the one in which
Consider the following statements with regard to “Uberrima fides”:
- It falls within a class of cases which require utmost good faith.
- Every contract is a contract, “Uberrima tides”.
- Contract of insurance is an example of “Uberrima fides”.
Which one of the following is a contingent contract?
The plaintiff sees the defendant's child falling in water. He saves the child from drowning. Later the defendant promises to give him Rs. 1000. In this context, which one of the following propositions is correct?
A property worth Rs. 25,000 was agreed to be sold by “X” for Rs. 8,000. However, X’s mother moves for setting aside the agreement on the proof that “X” is a congenital “idiot”. In this context, which one of the following is correct?
Which one of the following constitutes an offer in a self-service store?
Liquidated damages are essentially the
The communication of acceptance through telephone is regarded as complete when
The defence of “non est factum” is available to the contracting party who has committed mistake as to the