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B-1 Basement, Progressive Chambers, D Block Central Market Prashant VIhar, Delhi-110085, PHONE: 011-45407744, MOBILE: 9999242792, 9999242347

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JUDICIAL SERVICES TEST SERIES

MOCK TEST (JUDICIAL PRELIMS – I)

TIME ALLOWED: TWO HOURS TEST BOOKLET SERIES: “A”

Name……………………………………………………………………………………………………

Batch………………………...….. Enrolment number……………………………………………….

INSTRUCTIONS

1. Immediately after the commencement of the test you should check that this test booklet does not have any unprinted or torn or missing pages or items etc., if so, get it replaced by complete test booklet.

2. Encode your test booklet series A, B, C or D as the case may be in the appropriate place in the answersheet.

3. The test booklet contains 55 questions. Each item comprises of four responses. In case you feel there are more than one correct, mark the most appropriate. CHOOSE ONLY ONE response for each item.

4. You have to mark only on the separate answer sheet provided.5. All items carry equal marks.6. Do not write ant thing on the question booklet or answer sheet.7. Penalty for wrong answers

a. There are four alternatives for each question. One third of the marks shall be deducted as a penalty for wrong answer.

b. If candidate marks more than one answer, it will be treated as wrong answer even if one of the answer happen to be correct and there will be same penalty as above of that question.

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An institute of Law

c. If answer is left blank i.e. no answer is marked by the candidate, there will be no penalty for that question.

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1. Which is the correct meaning of word ‘embargo’?(A) landing place(B) prohibition(C) disease of eye(D) cargo

2. An agreement enforceable by law at the instance of one or more of the parties and not of other or others under Section 2(i) of the Indian Contract Act is called-(A) a valid contract(B) an illegal contract(C) a void contract(D) a voidable contract

3. Claim for necessaries of life supplied to a minor under Section 68 of the Indian Contract Act-(A) cannot be enforced at all(B) can be enforced against the minor personally on attaining majority(C) can be enforced against the minor’s property or estate(D) can be enforced against the guardian, if any, of the minor

4. An act, to be called on ‘act of firm’, within the meaning of section 2(a) of the Indian Partnership Act, 1932 is-(A) every act of the partners(B) only such acts which give rise to a enforceable by or against the firm(C) such acts which do not give rise to a right enforceable by or against the firm(D) either (A) or (B) or (C)

5. Which of the following is a valid partnership?(A) partnership between two partnership firm(B) partnership between one partnership firm and an individual(C) partnership between individual members of one firm and the individual members of another firm(D) neither (A) nor (B) nor (C))

6. Easement is a right-(A) in rem(B) in personam

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(C) neither (A) nor (B)(D) in rem in general but in personam in exceptional cases

7. Damages awarded for tortuous liabilities are-(A) liquidated(B) unliquidated(C) penal(D) none of the above

8. Defamation by spoken words or gestures is known as-(A) Innuendo (B) Slander(C) Libel(D) None of the above

9. The principle ‘facts speak for themselves’ is expressed by the maxim-(A) Ubi jus ibi remedium(B) Res ipsa Loquitur(C) Novus Actus Interveniens(D) Causa Causams

10. The liability of a master for acts of his servant in Law of Torts is called-(A) Absolute liability(B) Tortious liability(C) Vicarious liability(D) None of the above

11. For summoning an accused under Section 319 Cr.P.C.-(A) statement under 161 Cr.P.C. is relevant(B) statement on oath in the trial is relevant(C) both the above statements are relevant(D) None of the above

12. Ordinarily place of trial is-(A) where the offence has been committed(B) where the victim resides(C) where the accused resides(D) where the FIR is lodged

13. Statement under Section 161 of Cr.P.C. can be used to-(A) corroborate the statement in court(B) corroborate and contradict statement in court(C) contradict the statement in court(D) can not be utilized for any purpose

14. Before being summoned, the accused has got a right to-(A) participate in the proceeding(B) no right to participate in the proceeding(C) has no right at all(D) can watch the proceedings but can not participate

15. Inquiry is conducted by a Magistrate with a view to-(A) find out a prima-facie case(B) convict the accused

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(C) authorize remand of the accused(D) release the accused under Section 436

16. Warrant case means a case-(A) in which a police officer can not arrest without warrant(B) in which the court, in the first instance, shall issue a warrant of arrest against the accused(C) relating to an offence punishable with imprisonment for a term not exceeding two years(D) relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years

17. When can a trial court release an accused on bail under Section 389(3) of Cr.P.C. after conviction?(A) Where accused is on bail and imprisonment is not exceeding 3 years(B) Where accused is on bail and imprisonment is not exceeding 5 years(C) Where accused is on bail and imprisonment is not exceeding 7 years(D) Where offence is exclusively bailable whether accused is on bail or not

18. Time prescribed for filing which of the followings cannot be extended or condoned by applying provisions of Section 5 of the Limitation Act?(A) Revision under Section 115 C.P.C.(B) Application for execution under Order XXI C.P.C.(C) Appeal under Section 96, 100 and 104 C.P.C.(D) Application for substitution under Order XXII C.P.C.

19. Time for instituting a suit can be enlarged by invoking which of the following provisions?(A) Section 151 C.P.C.(B) Section 5 of the Limitation Act, 1963(C) Section 148 C.P.C.(D) None of the above

20. An application for execution of a decree is filed with some delay i.e. beyond prescribed period of limitation-(A) delay can be condoned by invoking Section 5 of the Limitation Act(B) delay can be condoned under Section 148 C.P.C.(C) delay can be condoned under the inherent powers of the court under Section 151 C.P.C.(D) None of the above

21.

22. ‘Ipso facto’ means?(A) in place of(B) by reason of that fact

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(C) by the same source(D) by the way

23. ‘Requisition’ means(A) permanent transfer of the title of the property(B) supervision of property(C) taking control of property temporarily(D) taking possession permanently

24. ‘Corroborative evidence ‘means?(A) main evidence in a case(B) evidence which supports other evidence(C) evidence that proves the guilt of an accused person(D) evidence of a person who supports the accused

25. Ex-parte decision means a decision given

(A) after hearing both the parties(B) without proper procedure(C) after observing proper procedure(D) without hearing the opponent

26. Which of the following Constitutions is a Unitary Constitution?(A) U.S.(B) British(C) Indian(D) Australian

27. Which of the following is not a fundamental right in India?(A) right to form association(B) freedom of religion(C) right to property(D) right to move throughout the territory of India

28. Which of the following Constitutions when framed did not provide for judicial review?(A)Indian(B) Pakistani(C)U.S.(D) Australian

29. Ratio decidendi means?(A) a judicial decision(B) part of the judgment which possesses authority(C) any observation made by the court which goes beyond the requirement of the case(D) an observation made by a judge

30. ‘Dyarchy’ under the government of India Act 1919 meant?(A) division of powers between the central and provincial government(B) separation of judiciary from executive(C) division of executive departments under elected ministers and the

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members of the governor’s executive council(D) separation between legislature and executive

31. Fringe benefit tax is a tax?(A) paid by an employer in respect of the fringe benefits provided or deemed to have been provided by an employer to his employee(B) paid by an employer for the benefits which he enjoys(C) paid by a person for the benefits which he gets from his employer(D) paid by a member of scheduled castes and scheduled tribes for benefits they receive from the government

32. Which of the following is not true about a criminal proceeding?(A) the court may ask to pay a fine(B) the court may order the transfer of the ownership of the property(C) there is prosecution(D) the court may discharge an accused

33. In Ram v Shyam, Ram cannot be a?(A) plaintiff(B) appellants(C) defendant(D) prosecutor

34. Cr.P.C. stands for?(A) Criminal Proceedings Code(B) Criminal Proceedings Court(C) Crime Prevention Code(D) Criminal Procedure Code

35. Medical Science used for investigating crimes is known as?(A) Criminal Medicine(B) Epistemological Science(C) Forensic Science(D) Ontological Science

36. A puisne judge of a High Court is?(A) a judge other than a Chief Justice(B) the Chief Justice(C) a temporary judge(D) a retired judge

37. Intra vires means?(A) within the powers(B) outside the powers(C) within the scope of fundamental rights(D) regular

38. X, the servant of Y, takes a hundred rupee note from Y’s pocket and hides it under the carpet in the house of Y. X tells Z another servant of Y, about the currency note and both agree to share the money, when the currency note is taken by X from he hiding place. Before X could recover the note, it was found by Y. Decide if an offence was committed and if so who committed the offence?

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(A) No offence was committed(B) Only X committed the offence(C) Both X and Z committed the offence(D) Only Z committed the offence

39. Moots, in, law schools, are—(A) exercise of law teaching(B) legal problems in the form of imaginary cases, argued by two opposing students before a bench pretending to be a real court(C) imaginary class room where a student acts as a teacher(D) a debate on a legal problem

40. Scheduled Tribe status is?(A) restricted to Hindus(B) religiously neutral(C) restricted to Hindus and Christians(D) restricted to Hindus and Muslims

41. Which of the following has not been a woman judge of the Supreme Court of India, till 2009?(A) Justice Gyan Sudha Mishra(B) Justice Sujata Manohar(C) Justice Ruma Pal(D) Justice Fathima Beevi

42. What is the meaning of chattel?(A) any property(B) immovable property(C) movable property(D) cattle

43. In a civil suit, the person who files suit and the person against whom the suit is filed are called?(A) accused, prosecutor(B) accuser, defendant(C) appellant, respondent(D) plaintiff, defendant

44. In a criminal case, an accused person, who in consideration of his non-prosecution offers to give evidence against other accused, is called?(A) accomplice(B) hostile witness(C) approver(D) hostile accomplice

45. The President of India is elected by an electoral college consisting of—(A) all the members of both the Houses of Parliament and all themembers of all the Legislative Assemblies(B) all the elective members of both the Houses of Parliament and all the members of all the Legislative Assemblies(C) all the members of both the Houses of Parliament and all the elected members of all the Legislative Assemblies

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(D) all the elected members of both the Houses of Parliament and all the elected members of all the Legislative Assemblies

46. Which of the following is not a fundamental right?(A) freedom of speech(B) right to life(C) right to equality(D) right to work

47. International Labour Organization has its headquarters at?(A) The Hague(B) Geneva(C) New York(D) London

48. The child Marriage Restraint Act 2006 is applicable to?(A) only Hindus(B) all Indians except Muslims as the minimum age of marriage among Muslim girls is puberty (beginning of menstruation) in Muslim personal law(C) all irrespective of religion(D) all except Muslim, Christians and Jews

49. X, a shopkeeper, leaves a sealed 5 kilogram bag of a branded wheat flour at the door of Y with a note “you will like this quality wheat flour and pay Rupees 100 for this bag” without being asked to do so.Y on coming back, collects the bag from his door, opens the seal of the bag, and uses a quarter of kilogram for making chapattis (unleavened bread). But next day returns the bag. Is he bound to pay for the bag ? He is?(A) not bound to pay as he did not ask the shopkeeper to deliver the bag(B) bound to pay as he has opened the bag(C) bound to pay only for the quantity used(D) neither bound to pay nor return the bag

50. Within the jurisdiction of which High Court does Lakshdweepfall?(A) Bombay (now is Mumbai) High Court(B) Kerala High Court(C) Madras (now is Chennai) High Court(D) Delhi High Court

51. Which of the following is not the function of the International Court of Justice ? It(A) gives advisory opinion at the request of general Assembly(B) gives advisory opinion at the request of Security Council(C) interprets treaties when considering legal disputes brought before it by nations(D) decides international crimes

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52. Bank nationalization case relates to the nationalization of—(A) some banks by the government of India after economic liberalisation in 1991(B) some banks under a law during the Prime Ministership of Mrs. Indira Gandhi(C) all the private Indian Banks during the Prime Ministership of Narasimha Rao(D) all the private Indian Banks during the Prime Ministership of Mrs. Indira Gandhi

53. Which of the following is not included within the meaning of intellectual property?(A) Patents(B) Copyrights(C) Trademark(D) Property of an intellectual

54. The main aim of the competition Act 2002 is to protect the interests of?(A) the multinational corporalion(B) the Indian companies(C) the consumers(D) the market

55. Which of the following judges had never been the Chairman of the Law Commission of India?(A) Justice R.C. Lahoti(B) Justice A.R. Lakshamanan(C) Justice Jeevan Reddy(D) Justice Jagannadha Rao

56. Who among the following was the first chief Information Commissioner of India?(A) Wajahat Habibullah(B) Irfan Habib(C) Tahir Mahmood(D) Najma Heptullah

57. R.T.I. stands for?(A) Revenue Transactions India(B) Research and Technology Institute(C) Rural and Transparency Infrastructure(D) Right To Information

58. Fiduciary relationship is relationship based on?(A) contract(B) trust(C) blood relationship(D) money

59. Human rights day is observed on?(A) February 14(B) November 26

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(C) October 2(D) December 10

60. ’No-fault liability’ means?(A) liability for damage caused through negligence(B) liability for damage caused through fault(C) absolute liability even with out any negligence or fault(D) freedom from liability

61. An ‘encumbrance’ in legal parlance is a(A) liability on property(B) grant of property(C) gift of property(D) restriction on property

62. Release of prisoner before completion of his sentence is called?(A) release(B) parole(C) acquittal(D) lease

63. Result of successful prosecution is(A) acquittal(B) discharge(C) conviction(D) charge sheeting

64. The Directive Principles of State Policy as embodied in Chapter IV of the Constitution were derived by us from:-a. The Constitution of Irelandb. The Constitution of U.S.S.R.c. The Constitution of Switzerlandd. The Gandhian Constitution for Free India

65. State which of the following statements is correct:a. Preamble is not part of the Constitutionb. Preamble is part of the Constitution and relates to its basic structure.c. Preamble is not part of the Constitution but a sort of introduction to the Constitution.d. Preamble is like a prologue to the Constitution

66. State which of the following statements is correct:-a. The American doctrine of waiver of fundamental rights is part of the Indian Constitution. .b. No person can waive his fundamental rights under the Indian Constitution as they are sacrosanct and no individual can tinker with them.c. A non-citizen can waive his fundamental rights.d. A citizen can waive his fundamental rights which are for his individual benefit.

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67. The right to equality means that no person is above law. To this rule, certain exceptions are recognized. State which of the following come under the exception:a. President of Indiab. Ambassador of USA.c. Judges of the High Courts.d. All the above

68. Which one of the following writs can be issued only against the judicial or quasi-judicial authorities?a. Mandamusb. Habeas Corpusc. Certiorarid. Quo Warranto

69. State which of the following statements is incorrect:a. A writ can be issued against the High Court.b. Government of India and State Governments.c. Any authority under the power and control of the Government of India.d. Parliament or a State Legislature.

70. The Directive Principles are:-a. justiciable the same way as the fundamental rights.b. justiciable though not the same way as the fundamental rights.c. decorative portions of the Indian Constitution.d. not justiciable, yet fundamental in the governance of the country

71. Which coin out of the following has been withdrawn by RBI in 2011:a. 20Paisab. 10 paisac. 25Paisad. 5 paisa

72. The total number of Ministers, including the Prime Minister in the Council of Minister should not exceed:-a. 20%of the total number of members of Lok Sabha.b. 15%of the total number of members of Lok Sabha.c. 20%of the total number of members of Rajya Sabha.d. 15%of the total number of members of both the Houses.

73. Who has been conferred with Rajiv Gandhi Khel Ratna Award in the year 2011.a. Abhinav Bindrab. Gagan Narangc. Kapil Devd. Sachin Tendulkar

74. Vast powers and functions vested in the Indian President make him:a. Almost a dictatorb.A benevolent ruler

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c. Real head of the Governmentd.A nominal Constitution Head

75. Only that person can be appointed a judge of the Supreme Court who is a citizen of Indiaand:a. judge of the High Court for at least five years.b. advocate of the Supreme Court for at least 10 years’ standing.c. judge of the High Court for at least ten years.d. advocate of the High Court for at least fifteen years.

76. While a proclamation of emergency is in operation the State Government:-a. Cannot legislate.b. Can legislate only on subjects in the Concurrent List.c. Can legislate on the subject in the State List.d. Is suspended.

77. ‘What cannot be done directly cannot be done indirectly’. This statement epitomizes the doctrine of:-a. Pith and substance.b. Implied powers.c. Ancillary powersd. Colourable legislation.

78. Residuary powers are vested in:a. executiveb. judiciaryc. parliamentd. state legislatures

79. Who said that the Supreme Court in India has the highest powers which no other court in the world possess?a. Mahatma Gandhib. Jawahar Lal Nehruc. Sardar Vallabh Bhai Pateld. Alladi Krishna Swamy Iyyer

80. The Constitution of India is:-a. Highly federalc. Neither federal nor unitaryb. Highly unitaryd. Partly federal and partly unitary

81. Who amongst the following is not a ‘public officer’ within the meaning of Section 2 (17) of CPC.a. a Judgeb. a person in service under the pay of Governmentc. sarpanch of a Gram Panchayatd. all of the above

82. Give response to the statement Equality before law under Article 14 of the Constitution is with reference toa. laws enacted by legislature

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b. orders passed by the executivec. notifications issued by the Government onlyd. laws enacted by legislature, executive order etc.

83. A change of nature of obligation of a contract is known asa. repudiationb. rescissionc. alterationd. none of the above

84. Indira Swahney V. Union of India is a case popularly known as:a. Ayodhya judgmentb. Mandai judgmentc. Suicide judgmentd. Election Commission judgment

85. The Advisory opinion tendered by the Supreme Court:a. is binding on the Presidentb. is not binding on the Presidentc. is binding on the President only if it is unanimously maded. is not made public at all

86. Among the following States, which one sends the highest number of members to Lok Sabha?a. Andhra Pradeshb. Biharc. Kamatakad. Madhya Pradesh

87. A contract, which is formed without the free consent of the parties, isa. void ab initiob. voidc. illegald. void ableat the instance of the party whose consent was not free.

88. Which of the following legal pleas need not be pleadeda. estoppelb. limitationc. res-judicatad. none of the above

89. At present the Vice President of India is:-a. Meera Kumarib. Bhairon SinghShekhawatc. Dr.KaranSinghd. A.H.Ansari

90. The smallest military outfit is called aa. Divisionb. Brigadec. Sectiond. Platoon

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91. India’s largest and most sophisticated indigenously built warship which was commissioned in 1994-95 is:a. INS Delhib. INS Mysorec. INS Satpurad. INS Kulish

92. The Battle of Longewala took place in the year:a. 1965b. 1967c. 1969d. 1971

93. The National Anthem was first sung at this session of the Indian National Congress in 1911:-a. Puneb. Calcuttac. Lucknowd. Ahmedabad

94. Goodwill of a partnership business is the property of the partnershipa. under Section14b.under Section13c. under Section12d. underSection11

95. The State with the highest population density in India is:a. Uttar Pradeshb. West Bengalc. Gujaratd. Maharashtra

96. The Indian State with the highest female sex ratio is:a. Punjabb. Madhya Pradeshc. Maharashtrad. Kerata

97. The first recipient of the Bharat Ratna after it was revived in 1980was:a. Acharya Vinoba Bhaveb. Mother Teresac. M.G.Ramachandrand. V.V.Giri

98. Compulsory dissolution of a firm has been provided undera. Section 39 of the Actb. Section 41 of the Actc. Section 40 of the Actd. Section 44 of the Act

99. An act done by a partner on behalf of the firm beyond the implied authoritya. can be ratified expressly

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b. can be ratified impliedly by conductc. either (a) or (b)d. neither (a) nor (b)

100. After dismissal of a complaint under Section 203, a fresh similar complaint on the same factsa. is bannedb. is not banned but will be entertained only in exceptional circumstancesc. is not banned and will be entertained in all circumstancesd. either (a) or (c)

101. A new person can be introduced into a firm as a partner under Section 31 of the Act bya. unanimous consent of all the partnersb. majority consent amongst the partnersc. with the consent of the managing partnerd. none of the above

102. Complaint may relate to:a. a cognizable offenceb. a non cognizable offencec. both (a) & (b) are correctd. must be for a non-cognizable offence as the police has no power to investigate such an offence.

103. If the, person who is competent to compound offence is dead, the compoundinga. cannot be doneb. can be done by the legal representative of the deceased without the permission of the courtc. can be done by the legal representative of the deceased only with the permission of the court.d. both (b) & (c)

104. In a bailable offence:a. conditions can be imposed while granting bail by the police officerb. conditions can be imposed while granting bail by the courtc. no condition can be imposed while granting bail by the police officer or by the courtd. only mild conditions can be imposed by the court only

105. In case where an inquiry, trial or other proceedings have been conducted in a wrong place:a. the inquiry, trial or other proceedings shall be void ab initiob. the inquiry, trial or other proceedings cannot be set aside as void unless it has occasioned in failure of justicec. the inquiry, trial or other proceedings, cannot be set aside even if it has occasioned in failure of justiced. either (a) or (c)

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106. In computing the period of limitation the time during whicha. the accused avoided arrest by absconding has to be excludedb. the accused remained absent from India has to be excludedc. both (a) & (b)d. Neither (a) nor (b)

107. Irregularities which do not vitiate trial have been stated ina. Section 460 of Cr.P.Cb. Section 461 of Cr.P.Cc. Section 462 of Cr.P.Cd. Section 466 of Cr.P.C

108. Objection as to the lack of territorial jurisdiction of the criminal court:a. can be taken before or at the time of commencement of trialb. can be taken at any time after the commencement of trialc. can be taken in appeal for the first timed. all the above.

109. Power to recall any witness(es) under Section 311 of Cr.P.C. can be exercised:a. even after the evidence of both the sides is closedb. after the evidence of the prosecution is closed, but before the evidence of defence is closedc. before the evidence of the prosecution is closed, if the witness is to be called on the motion of the prosecutiond. after the evidence of the prosecution is closed if the witness is called on the motion of the defence

110. Words ‘competent jurisdiction’ under Section 39 of CPC refers toa. pecuniary jurisdiction of transferee courtb. territorial jurisdiction of the transferee courtc. pecuniary and territorial jurisdiction of the transferee courtd. none of the above

111. Section 428 Cr.P.C provides for concession to the effect that period of detention undergone by accused be set offa. against the substantive periodof imprisonment awarded;b. against the periodof imprisonment in default of payment offine.c. (a) & (b) above. .d. none of the above.

112. Under Section 167 of Cr.P.C, the Magistrate can authorise detention for a total period of 90 days during investigation, in cases of offences punishablea. with deathb. with imprisonment for lifec. with imprisonment for a term not less than 10 yearsd. all the above

113. Under Section 216 of Cr.P.C, the Court has the power to:a. add to the charge(s) already framed

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b. alter the charge(s) already framedc. neither to alter nor to add to the charge already framedd. add to and alter the charge both

114. Under Order VI, Rule 17 of CPC, an application for amendment of pleadings can be allowed .a. before the commencement of trialb. after the commencement of trialc. either before or after the commencement of triald. none of the above

115. Under .Section 315 of Cr.PCa. an accused cannot be a witnessb. an accused can be compelled to give his own evidence generallyc. an accused can be called as a witness only on his own request in writingd. either (a) or (b)

116. Under Section 439 of Cr.PC, the jurisdiction to cancel the bail vests with:a. The Court of Sessionsb. The High Courtc. The Court of Magistrated. Only(a) &(b)

117. With reference to Crime response the following:a. it is a state wrongb. it is a civil wrongc. it is a private wrongd. none of the above

118. 55. Actus reus includes:a. positive (intentional doing) as well as negative (intentional non-doing. ie. omission) acts.b. only positive acts.c. external (bodily) as well as internal (mind) actsd. both (a) and (c)

119. Section 34 of IPCa. creates a substantive offenceb. is a rule of evidencec. both (a) and (b)d. neither (a) nor (b)

120. Preparation and attempt are two stages of commission of crime. Preparation is not punishable generally but attempt is. One basic reason as to why preparation is not punishable is that there:a. is no nexus between preparation and attempt.b. can be chances of change of mind before commission of offencec. is absence of intention.d. is absence of attempt.

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121. Illegal signifies:a. everything which is an offenceb. everything which is prohibited by lawc. everything which furnishes ground for civil actiond. all the above

122. How many types of punishments have been prescribed under the Indian Penal Code:a. threeb. sixc. fived. four

123. Second appeal under Section 100 of CPC liesa. on question off actsb. on substantial questions of lawc. on mixed question of law & factd. none ofthe above

124. The maxim ‘ignorantia juris non excusat’ means:a. ignorance of law is no excuseb. ignorance of fact is no excusec. ignorance of law is an excused. ignorance of fact is an excuse

125. Section 76 &Section 79 of IPC provide the general exception ofa. mistake of lawb. mistake of factc. both mistake of law and factd. either mistake of law or of fact

126. A hangman who hangs the prisoners pursuant to the order of the court is exempt from criminal liability by virtue ofa. Section 76 of IPCb. Section 78 of IPCc. Section 77 of IPCd. Section 80 of IPC

127. “A”, with the intention to kill, shoots aiming at “B”, instead “c” gets killed. The principle for holding “A” liable is known asa. The doctrine of intentionb. The doctrine of transferred malicec. The doctrine that no one can escaped. None of these

128. The right to private defence is based on the natural instinct ofa. self-preservationb. self-respectc. self-sufficiencyd. self-reliance

129. Section 511 does not apply in the case ofa. attempt of riot

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b. attempt of murderc. attempt of theftd. attempt of affray

130. The essence of sedition isa. intentionb. benefits or gains of the accusedc. resultd. both intention and result.

131. A mental pain isa. also covered under the offence of simple hurt.b. not covered under the offence of simple hurt.c. sometimes covered under the offence of simple hurt.d. none of the above.

132. Under Indian Penal Code, there can be abetment toa. a person of unsound mindb. an infantc. both (a) & (b)d. neither (a) nor (b)

133. In which of the following cases, the punishment must be ‘simple’a. Refusing to take oath.b. Disobedience to an order duly promulgated by a public servant.c. Wrongful restraint.d. All of the above.

134. Fight under Section 159 of IPC signifiesa. two opposite parties actively involvedb. two parties one of which is passivec. two parties both of which are passived. none of the above

135. Misconduct in public by a drunken person isa. public mischief.b. annoyancec. intentional insultd. all of the above

136. Which of the following is defamation:a. X says, “Y is an honest man, he never stole Z’s watch,” intending to cause it to be believed that Y did steal Z’s watch.b. X is asked, “who stole Z’s watch?” X points to Y.c. X draws a picture of Y running away with Z’s watch.d. All of the above.

137. Assault can be caused bya. gesturesb. preparationsc. both (a) & (b)d. neither (a) nor (b)

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138. Trespass being made in a surreptitious manner (concealment) is calleda. house-trespassb. house-breakingc. lurking house-trespassd. none of the above

139. The word ‘takes’ in Section 361of IPC signifiesa. taking by forceb. taking by fraudc. physical takingd. all the above

140. The expression ‘harm’ is used in Section 81 of the Indian Penal Code in the sense ofa. hurtb. injury or damagec. physical injuryd. moral wrong or evil

141. Which one of the following is not a “Public Servant”:-a. liquidatorb. a Civil Judgec. member of a panchayat assisting a Court of Justiced. secretary of a Co-operative Society

142. The causing of death of child in the mother’s womb is not homicide under

a. indian law only

b.english law only

c. Both English and Indian lawd. neither in Indian law nor in English law

143. The difference between Section 34 and Section 149 of Indian Penal Code isa. that whereas in Section 34 there must at least be five persons, Section 149 requires only two personsb. that Section 149 is only a rule of evidence whereas Section 34 creates a specific offence and providesfor its punishmentc. that Section 34 requires active participation in action whereas Section 149 requires mere passive membership of the unlawful assembly .d. that Section 34 need not be joined with the principle offence,whereas Section 149 must be combinedwith the principle offence.

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144. A confession made by a person while in police custody is inadmissible under:a. Section 29 of Evidence Actb. Section26 of Evidence Actc. Section 25 of Evidence Actd. Section 27 of Evidence Act

145. A co-defendant in a casea. cannot be cross-examined by another co-defendant under any circumstanceb. can be cross-examined by another co-defendant if their interests are identicalc. can be cross-examined by another co-defendant when their interests adverse to each otherd. can be cross-examined by another co-defendant as a matter of right.

146. A dying declarationa. can form the sole basis of conviction withoutany corroboration by independent evidenceb. can form the basis of conviction only on corroboration by independent witnessc. can not form the sole basis of conviction unless corroborated by independent witnessd. is not a substantive piece of evidence

147. A husband or wife are permitted to disclose any communication between them during marriage:a. in civil proceedings between the partiesb. in criminal proceedings between the partiesc. in matrimonial proceedings between the partiesd. all the above

148. Admissionsa. are conclusive proof of the matters admittedb. are not conclusive proof of the matters admitted but operate as estoppelc. are conclusive proof of the matter and also operate as estoppeld. none of the above

149. Alibi is governed bya. Section9 of Evidence Actb. Section 12 of Evidence Actc. Section 10 of Evidence Actd. Section 11 of Evidence Act

150. Burden of introducing evidence under Section 102 of Evidence Acta. never shiftsb. occasionally shiftsc. constantly shiftsd. only(a) and not (b) or (c)

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151. Burden of proof is lightened bya. presumptionb. admissionsc. estoppelsd. all of the above

152. Contents of a document under Section 59 of Evidence Acta. can be proved by oral evidenceb. cannot be proved by oral evidencec. mayor may not be proved by oral evidenced. can only be proved by oral evidence under the order of the court

153. Estoppela. is a cause of action in itselfb. creates a cause of actionc. both (a) & (b) are correctd. neither (a) nor (b) is correct

154. In criminal trials, the accused justification of an offencea. beyond reasonable doubtb. prima faciec. substantially has to establish his plea mitigation ord. partially

155. Necessity rule as to the admissibility of evidence is applicable, when the maker of a statementa. is dead or has become incapable of giving evidenceb. is a person who can be found but his attendance cannot be procured without unreasonable delay or expensesc. is a person who cannot be foundd. all of the above

156. Re-examination of a witnessa. can be for the purposes of filling what is left-over in examination-in-chiefb. can be for the purposes of explaining the matters referred to in cross examination.c. can be for the purposes of explaining the matters referred to in the examination-in-chief.d. all the above

157. Section 105 of Evidence Act applies toa. criminal trialsb. civil trialsc. both (a) & (b)d. neither (a) nor (b)

158. Testimony of an accomplice before it is accepted &acted upona. must be corroborated from the testimony of another accomplice.b. must be corroborated from an independent sourcec. need not be corroborated at alld. either (a) or (c)

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159. The term “character” as explained in Section 55 of the Indian Evidence Act, 1872, meansa. good and bad characterb. reputation and disposition of general naturec. reputation formed on the basis of particular dispositiond. character in a criminal act

160. Under the law of evidence, as a general rulea. opinion on a matter of fact is relevant but not on a matter of lawb. opinion on a matter of law is relevant but not on a matter of factc. opinion on a matter of fact and law both are relevantd. opinion whether on a matter of fact or law, is irrelevant

161. A decision on issue of lawa. shall always operate as res-judicatab. shall never operate as res-judicatac. may or may not operate as res-judicatad. none of the above

162. A defendant under Order V,Rule 1(1) of CPC is required to appear, answer the claim and to file the written statementa. within 90 days from the date of service of summonsb. within 60 days from the date of service  of summonsc. within 30 days from the date of service of summonsd. within 15 days from the date of service of summons

163. A party filing affidavit in reply to interrogatoriesa. can be cross-examined upon itb. the other party can adduce evidence to contradict itc. can neither cross-examine nor adduce any evidence to contradict it, as it is a conclusive proofd. none of the above

164. A person arrested & detained in civil imprisonment in execution of a decree can be releaseda. on payment of the outstanding amountb. on the ground of illness of selfc. on the ground of illness of a member of his familyd. both (a) and (b)

165. A plaint can be rejecteda. under Order8, Rule 10 of CPCb. under Order8, Rule 10A of CPCc. under Order7, Rule 11 of CPCd. none of the above

166. A suit filed on behalf of a minor can bea. withdrawn at any time as a matter of rightb. cannot be withdrawnc. withdrawn only with the leave of the courtd. none of the above

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167. A witness who has already been examined can be recalled under Order 18, Rule 17 of CPCa. by the party calling the witnessb. by the opposite partyc. by the courtd. none of the above

168. After dismissal of suit under Order 9, Rule 8 of CPC, a fresh suit on the same cause of action, under Order 9 Rule 9 of CPCa. is barredb. is not barred under any circumstancesc. is not barred subject to law of limitationd. .none of the above

169. An executing court can go behind the decree wherea. the decree has been passed without jurisdiction-pecuniary, territorial. or subject-matter.b. the decree is a nullity having been passed against a dead person Without bringing his legal representatives on the record.c. where the decree is ambiguous.d. none of the above

170. Compromise under Order XXIII, Rule 3 of CPCa. must be in writing and signed by the parties .b. must be in writing but need not be signed by the partiesc. must be in writing but need not be lawfuld. None of the above

171. For the application of the principle res-subjudice, which of the following is essentiala. suits between the same parties or litigating under the same titleb. the two suits must be pending disposal in a courtc. the matters in issue in the two suits must be directly and substantially the samed. none of the above

172. If a document, which ought to be produced in the court along with the pleadings, is not produced, under Order VII, Rule 14(3) of CPC at the hearing of the suita. the same shall not be received in evidence on behalf of the plaintiffb. the same shall not be received in evidence on behalf of the defendant.c. the same shall not be received in evidence on behalf of third partyd. none of the above

173. Inherent powers under Section 151 of CPC area. discretionary in natureb. in addition to the power conferred under the other provision of the Codec. both (a) & (b)d. none of the above

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174. Legal representative under Section 2(11) of CPC means a person who is aa. Relative of parties to the suitb. co-sharer of the benefits assuming to the parties to the suitc. who in law represents the estate of the deceasedd. none of the above

175. Lodging of caveat under Section 148-A of CPCa. entitles the caveator to receive notice of the applicationb. makes the caveator a party to the suitc. both (a) & (b)d. none of the above

176. On default in filing of written statement under Order 8, Rule 10 of CPC, pronouncement of judgmenta. is mandatoryb. discretionaryc. directoryd. none of the above

177. Parties by their consent/ agreementa. can confer jurisdiction on a court, where there is none in lawb. can oust the jurisdiction of the court where there is one in lawc. can oust the jurisdiction of one of the courts when there are two courts simultaneously having jurisdiction in law.d. none of the above.

178. Provisions of Section 10 of CPC area. directoryb. mandatoryc. discretionaryd. none of the above

179. Provisions of Section 80 of CPC are binding ona. the court of a Civil Judgeb. the court of District Judgec. the High Courtd. all of the above

180. Review is maintainablea. when an appeal is provided, but no appeal preferredb. when no appeal is providedc. both (a) & (b)d. neither (a) nor (b)

181. To invoke international commercial arbitration it is necessary that at least one of the parties is

a. A body corporate which is incorporated in any country other than india

b. Government of the foreign countryc. An individual who is a national of, or habitually resident of any

country other than india

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d. All of the above

182. an arbitral award mus

Answers:

1. B2. D3. C4. B5. C6. A7. B8. B9. B10. C11. B12. A13. C14. A15. A16. D17. A18. B19. D

25. B26. C27. C28. B29. A30. A31. B32. D33. D34. C35. A36. A37. B38. B39. B40. A41. C42. D43. C

49. B50. D51. B52. D53. A54. A55. A56. D57. B58. D59. C60. A61. B62. C

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20. D21. C22. C23. D24. D

44. D45. D46. B47. C48. A

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