DELHI JUDICIARY PRELIMS PAPER 2019
Number of questions- 200
1. A document claimed to be a Will shall not be used as evidence until:
- All attesting witnesses have been called for the purpose of proving its execution
- All attesting witnesses alive and subject to the process of the Court and capable of giving evidence have been called for the purpose of proving its execution
- One attesting witness at least has been called for the purpose of proving its execution, if there be an attesting witness alive, and subject to the process of the Court and capable of giving evidence
- It has been registered in according with the provision of the Indian Registration Act, 1908.
2. An attested document not required by law to be attested:
- Has to be necessarily proved by examining an attesting witness
- May be proved as of it was unattested
- Is inadmissible in evidence
- Can only be proved by examining the executant.
3. For leading secondary evidence:
- Moving an application seeking permission therefore, immediately after admission/denial of document and before framing is issues, is essential
- An application seeking permission of the Court is to be filed before commencement of evidence of the party seeking to lead secondary evidence
- No application seeking permission of the Court is necessary
- Application seeking permission if not filed earlier can be filed even after conclusion of evidence.
4. In suit to which the bank is not a party, the contents of a book of a bank can be proved:
- By completing an officer of the bank to produce the said books
- By tending in evidence a copy of the said contents certified by the Bank in terms of sections 2(28), 2A and 4 of the Bankers Books Evidence Act, without compelling the presence as a witness of the officers of the Bank
- By compelling the presence of the person in charge of computer system of the bank to prove certified copies of the printouts of the data stored on the computer system
- By examining the principal accountant or branch manager of the bank.
5. The count has issued a commission for recording of evidence in a suit by appointing a Local Commissioner. The counsel for the plaintiff raises objections to certain questions put by the counsel for the defendant to the witnesses of the plaintiff in cross-examination. The commissioner:
- Is necessarily required to stall further recording of evidence and to refer the said objections to the court fir decision thereof.
- Is empowered to decide the said objections and proceed with the recording of evidence
- Is empowered to decide the said objections only if there is no bar in the order of the court issuing the commissioner deciding the said objections
- Is required to record the said objections and ask the witness to answer the question so objected to without prejudice to the plaintiff’s right to have the said objection decided from the Court at the time of final argument in the suit.
6. Putting an exhibit mark on a document:
- Disentitles either party to the suit from contending that the document is not be read into evidence
- Disentitles either party from contending at the stage of final argument that the document should not be read into evidence unless such party had at the time of putting of exhibit mark raised objection to its admission into evidence and such objection was kept open for decision
- Does not ipso facto amount to admission of the document in evidence especially of the document is per se not admissible into evidence
- Is final as far ad the Suit Court is concerned, of admission of the document into evidence.
7. The Court was presume:
- That when a document creating an obligation is In the hands of the obligor, the obligation has been discharged
- That an accomplice is unworthy of credit unless he is corroborated in material particulars
- That judicial and official acts have been regularly performed and that a bill of exchange, accepted or endorsed for good consideration and that judicial and official acts have been regularly performed and that the common course of business have been followed in particular cases and that evidence which could be and is not produced would, if produced, be unfavourable to the person who withholds it and that if a man refuses to answer a question which he is not compelled to answer by law, the answer, if given would be unfavourable to him
- All of the above
8. The fact that any person was born during the continuance of a valid marriage between his mother and any man:
- Is conclusive proof that he is the legitimate child of that man
- Is conclusive proof that he is the legitimate child of that man unless it can be shown that the parties to the marriage had no access to each other at any time when the child could have been begotten
- Is no proof that the child is the legitimate child of that man
- Is no proof of legitimacy unless proved by other evidence.
- Is an equitable principle
- Is a Rule of common law
- Is a principle evolved by judicial pronouncements
- Is codified in Indian law.
Answer: (a & b)
10. A party to suit can prove a fact in issue:
- By examining one witness only in proof thereof
- By examining not more than three witnesses in proof thereof
- By examining any number of witnesses in proof thereof unless the Court is satisfied that examination of any particular witness is not relevant and is with the intent to delay the trial
- By examining any number of witnesses in proof thereof and the Court cannot limit the number of witnesses of sought to be examined.
11. During continuance of possession of immovable property the person on possession is estopped from denying the title to such immovable property of the person who put him in such possession, if:
- The possession is a tenant
- The possession is as a licencee
- The person in possession is in a unauthorized occupation
- Both A and B.
12. Limitation for claiming compensation for defamation is:
- Three years from the date when the libel is published
- Three years from the date when the published libel comes to the knowledge of the plaintiff
- One year from the date when the libel is published
- One year from the date when the published libel comes to the knowledge of the plaintiff or from the date when the damage for which compensation is claimed is caused, whichever is latter.
13. Limitation for a suit for compensation for inducing the person to break a contract with the plaintiff:
- Is of one year from the date of the breach
- Is of three years from the date of the breach
- Is of three years from the date when the damage caused by the breach has occurred
- Is of one years from the date when the damage caused by the breach has occurred.
14. In computing the period of limitation for any suit, once the time has begun to run:
- No subsequent disability or inability to institute a suit stops it
- The number of public holidays and court holidays have to be excluded
- A suit has to be filed to stop the time from running
- A writ petition has to be filed to stop the said time from running.
15. Delay in institution can be condoned under section 5 of the Limitation Act:
- In respect of suit
- In respect of appeals and applications
- Only in respects of appeals
- All of the above.
16. The limitation available in law to ‘A’ for instituting a suit at Delhi for recovery of money against ‘B’ is till 1st December 2018. ‘A’ dies intestate on 1st November, 2018 leaving a widow, an adult son, adult daughter and a minor son who amicably inherit the entire estate of ‘A’:
- The widow and children or any of them can on before 1st December, 2018, institute the suit for recovery of money owed by ‘B’ to ‘A’
- The widow and children of ‘A’ or any of them can institute a suit for recovery of money owned by ‘A’ within three years of 1st November, 2018.
- The widow and children of ‘A’ can institute the suit for recovery of money owned by ‘B’ to ‘A’ within three years of the date when the minor son of ‘A’ attains majority
- The widow and children cannot institute the suit as the right to sue ‘B’ abates on the demise of ‘A.
17. A bank has loaned money to ‘B’ on 2nd January, 2015. The limitation available to the bank for suing for recovery of said monies from ‘B’ expires on:
- 1st January, 2018
- 2nd January,2018
- 3rd January, 2018
- 2nd January 2016
18. ‘A’ has within the prescribed period of limitation sued ‘B’ for recovery of debt owed by ‘B’ to ‘A’. The suit ‘A’ assigns the debt for recovery of which the suit was filed to ‘C’. ‘C’, after nearly one year of such assignment, applies in the suit for substitution in place of ‘A’.
- The application for substitution is barred by time
- The application for substitution does not lie as ‘C’ is not the heir of ‘A’
- ‘C’ as an assignee of ‘A’ has a right to be substituted and no limitation is prescribed for seeking substitution
- The suit will be dismissed as ‘A’ has lost the right to recover the loaned amount.
19. ‘A’ on 9th January, 2015 agree to sell his immovable property to ‘B’ and out of the total sale consideration of Rs. 3,00,000 receives a sum od Rs. 1,00,000 from ‘B’ as advance payment and agrees to vacate the property and hand over vacant peaceful physical possession thereof to ‘B’ and to execute the Sale Deed or to deliver possession of the property in favour of ‘B’ on receipt of balance sale consideration on or before 9th July, 2015. ‘A’ fails to vacate the property to ‘B’. ‘B’ after waiting patiently till 31st January, 2016. On 1st February, 2106 got issued a legal notice to ‘A’ to take the balance sale consideration and execute the Sale Deed and deliver vacant peaceful physical possession. ‘A’ vide his reply received by ‘B’ on 17th February, 2016 denies the agreement. The limitation of three years available to ‘B’ for instituting a suit for specify performance is:
- With effects from 9th January, 2015
- With effect from 9th July, 2015
- With effects from 17th February, 2016
- With effects from 1st February, 2016.
20. A Counter Claim for the purpose of Limitation Act, is deemed to have been instituted:
- On the same day as the suit in which the Counter Claim is made has been filed
- On the day on which the Counter Claim is made
- Either (a) or (b) whichever id beneficial to the defendant
- Either (a) or (b) whichever is beneficial to the plaintiff.
21. The rights to access and used of the light to air shall be absolute and indefeasible where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement and as of right without interruption.
- One year
- Three years
- Five years
- Twenty years
22. A suit filed on the day next to the last date of limitation for filing thereof will not be barred by time:
- If the plaintiff was outside India on the last date of limitation
- If the plaintiff was unwell and suffering from viral fever on the last date of limitation
- If the court was closed for half an hour on the last date of limitation
- If the advocate for the plaintiff forgot to file plaint on the last date of limitation.
23. The share/interest of a partner in the partnership having immovable properties is:
- Movable property
- Immovable property
- A right to sue
- All the above.
24. A minor action through a guardian:
- Can be induced as a partner of a firm
- Can be admitted to the benefit of partnership with personal liability
- Can be admitted to the benefit of partnership without personal liability
- Cannot be admitted to the benefit of partnership
25. A partnership firm situated in Delhi institutes a suit for recovery of price of goods sold supplied and delivered by the said firm to the defendant. The firm is not registered under Partnership Act.
- The suit is not maintainable and the plaint will be rejected
- The suit will be admitted but summons of the suit will not be issued to the defendant till the firm is got registered
- The suit is maintainable and will be admitted subject to the plaintiff firm paying costs as may be determined by the court to the defendant
- The suit will be admitted summons thereof ordered to be issued and will be dismissed after trail only if the defendant in the written statement takes such an objection and an issue is farmed thereon.
26. The blanks in the following sentences can be most appropriate filled with
- After many days of deliberation the jury…………finally returned with a verdict
- Neither the minister nor his aide…………expected to speak to the press today
- Each of the students in the class…………expected to give a presentation next week
- Although Mathew and john have established themselves as successful businessmen, neither …………..born into a wealthy family.
- Have; are; are; was
- Has; is; are; were
- Has; is; is; was
- Have; is; are; were.
27. Planned obsolescence, a practice whereby products are designed to have a limited period of usefulness, has been a cornerstone of manufacturing strategy for the past 50 years:
In the above sentence ‘obsolesence’ means:
- Process of becoming outdated
- Weeding out
28. The blanks in the following sentences:
- A dispute arose……………the shopkeeper and the customer
- The fur sister quarreled…………..themselves
- The book was kept on the table……………the bed
Can be most appropriately filed with:
- Between; between; besides
- Among; between; off
- Among; among; beside
- Between; among; beside.
29. ‘Flog a dead horse’ means:
- To beat a horse to death
- Cruelty to animals
- Waste effort on something when there is no chance of succeeding
- To try to get work out of someone who is already exhausted
30. Although Lily was a tractable young woman, she had a steak of defiance. In the above sentence, ‘tractable’ is closest in meaning to:
31. ‘Achilles heel’ means:
- a painful spot
- a weak point
- a foot disease
- a kind of fungus.
32. Choose the correct spelling:
33. Choose the correct spelling:
34. Choose the correct spelling:
35. Choose the correct spelling:
36. Choose the correct spelling:
37. Choose the correct spelling:
38. Choose the correct spelling:
39. Choose the correct spelling:
40. Choose the correct spelling:
41. Choose the correct spelling:
42. Fill in the blank appropriately
His research methods often attract……………….. .
43. Fill in the blank appropriately:
His political visage is a……………….
44. Fill in the blank with the most appropriate word
The forces of………………seek the most efficient means to suppress.
45. Fill in the blank with the most appropriate
The leader’s speech was a………………expression of his intellectual vision.
46. Fill in the blank with most appropriate words.
Music is often………………..
47. Which provision of Constitution recognizes right of accused to remain silent?
- Article 19
- Article 21
- Article 20
- Article 14.
48. Who decides in Parliament whether a Bill is a money bill?
- Speaker of the Lok Sabha
- Chairperson of the Rajya sabha
- President of India
- Minister for Parliament Affairs.
49. The goods and Service Tax was introduced by:
- Insertion of Art. 246A by the Constitution (One Hundred and First Amendment) Act, 2016
- Insertion of Art. 279A by the Constitution (One Hundred and First Amendment) Act, 2016
- Insertion of Art. 368A by the Constitution (One Hundred and First Amendment) Act, 2016
- Without amending the Constitution.
50. ‘Public order’ and ‘Police’ fall in which List in the Seventh Schedule of the Constitution?
- Union List
- State List
- Concurrent List
- All lists.
51. The Union Territory of Delhi came to be called “The National Capital Territory of Delhi” by virtue of:
- Amendment of Art. 239 of the Constitution
- By insertion of Art. 239AA in the Constitution
- By appointing a Governor
- None of the above.
52. Control over the subordinate courts including posting and promotion of persons belonging to the judicial services vests with the:
- State Government
- Central Government
- President of India
- High Court.
53. Challenge to a judgement passed by a Division Bench of the High Court upholding a decree for partition, is maintainable:
- As a Civil Appeal to the Supreme Court
- As a Special Leave Petition to the Supreme Court
- As a Reference to the Supreme Court
- Only if the Division Bench gives a certificate of appeal
54. Right to Privacy is a part of the Fundamental Right:
- Under Art. 14 of the constitution
- Under Art. 21 of the constitution
- Under Art. 32 of the constitution
- Under Art. 19 of the constitution.
55. If any person is dispossessed of immovable property without his consent otherwise than in due course of law, he may, by a suit, recover possession thereof, notwithstanding any other title that may be set up in such suit, within a period of:
- Six months from the date of dispossession
- Three months from the date of dispossession
- One Year from the date of dispossession
- Three years from the date of dispossession.
56. Where a decree for specific performance of a contract for sale of immovable property has been made and the purchaser within the period allowed by the court does not pay the purchase money which the court has ordered him to pay:
- The vendor may apply in the same suit in which the decree is made, to have the contract rescinded
- The purchaser may apply in the same suit in which the decree in made to have the contract rescinded and for a direction to the vendor to refund the earnest money/advance
- The vendor can forfeit the earnest money
- The vendor has to file a fresh suit for recovery of purchase money.
57. An injunction cannot be granted:
- To restrain any person from instituting or processing any prosecuting any proceeding in a Court not subordinate to that from which injunction is sought
- To restrain any person from instituting or prosecuting any proceeding in any Court
- To restrain any person from instituting or prosecuting any proceeding in a Court subordinate to that from which injunction is sought
- To restrain any person from instituting or prosecuting any proceeding in the same court from which injunction is sought.
58. The principal enshrined in the Specific Relief Act qua injunctions are not applicable to temporary injunctions under Order XXXIX of the CPC. The said statement is:
- Not correct
- Merely a belief.
59. A defendant in a suit for recovery of possession on immovable property
- Can take the plea of lawful title and in the alternative the plea of adverse possession
- Cannot take the plea of lawful title and in the alternative the plea of adverse possession as the two are antithetical of each other
- Can take a plea of lawful title and in the alternative the plea of adverse possession and succeed on both
- Can take a plea of lawful title and in the alternative the plea of adverse possession and succeed on either.
60. For granting specific performance of a contract for the construction of any building, the following conditions has/have to be fulfilled?
- The building is described in the contract in terms sufficiently precise to enable the Court to determine the exact nature of the building
- The plaintiff has sufficient interest in the performance of the contract and the interest is of such a nature that compensation in money for non-performance of the contract is not an adequate relief
- The defendant has in pursuance to the contract, obtained possession of the whole or any part of the land on which the building is to be constructed
- All of the above.
61. A Court is empowered to grant in injunction to perform the negative agreement:
- Where the contract comprises an affirmative agreement to do a certain act, coupled with a negative agreement not to do a certain act
- In all cases where a contract comprises an affirmative agreement to do a certain act
- Only in the case of contracts of musical performance
- Only in the case of contracts of stage performance musical or theatrical
62. In a suit for specific performance of a contract, the plaintiff has not claimed compensation for breach in substitution of such performance. The court concludes that though the defendant is in breach but the discretion implicit the grant of relief of specific performance be not exercised in favour of the plaintiff. The court in such a situation.
- In the absence of the claim in the plaint for compensation cannot award such compensation to the plaintiff.
- Notwithstanding the plaintiff having not claimed compensation, is empowered to award compensation to the plaintiff as may be deemed appropriate
- Notwithstanding the plaintiff having not claimed compensation, is empowered to award compensation to the plaintiff in the plaintiff has led any evidence qua compensation
- Notwithstanding the plaintiff having not claimed compensation and having not led evidence, is required to give an opportunity to the plaintiff to lead evidence qua compensation.
63. An agency is terminated:
- By the principal revoking the authority of the agent
- By the agent renouncing the business of agency
- By the death of principle or agent
- All of the above
64. Which of the following contracts cannot be specifically enforced?
- A contract which is so dependent on the personal qualification of the parties that the Court cannot enforce specific performance of its material terms
- A contract which is in its nature determinable
- Where a party to the contract has obtained substituted performance of the contract
- All of the above
65. The act of submission of a tender is:
- An act of making an offer pursuant to the notice inviting tender
- An act of acceptance of the offer contained in the notice inviting tender
- An act of entering into the contract
- An act of making a counter proposal in pursuance to the notice inviting tender.
66. When consent to an agreement is caused by coercion, fraud or misrepresentation:
- The agreement is not a contract
- The agreement is a contract voidable at the option of the party whose consent was so caused
- The agreement is a contract voidable at the option of either party
- The agreement is a binding contract between the parties.
67. If parties to an agreement are under a mistake as to a matter of fact essential to the agreement:
- The agreement is void
- The agreement is voidable at time instance of both the parties
- The agreement is binding between the parties
- The agreement if voidable only at time instance of the party making the offer and not at the instance of the party accepting the offer
68. An agreement without consideration is void unless;
- It is expressed in writing
- It is expressed in writing and registered under the law for the time being in force for registration of document
- It is expressed in writing and registered under the law for the time being in force for registration of document and is made on account of natural love and affection between the parties standing in a near relation to each other
- All of the above
69. ‘X’ on 1sr July, 2018 agrees to sell his house to ‘Y’ for a price of Rs. 1 crore, if the entire price is paid on or before 31st July, 2018 and for the price of Rs. 1,25,00,000 after 31st July, 2018 but before 30th September, 2018. It was further agreed that if the entire price is not paid by 30th September, 2018. ‘Y’ shall not be entitled to purchase the house and the earnest mine paid by ‘Y’ to ‘X’ shall stand forfeited. Such an agreement:
- Is void for uncertainly
- Is void because the meaning of it is not certain on account of being by way of wager
- Is enforceable in law
- None of the above.
70. ‘X’ and ‘Y’, Jointly take a loan from ‘Z’ with promise to repay to loan amount with interest within two years. Soon after taking the loan ‘X’ is declared as an insolvent and remains insolvent till the date of repayment of loan. ‘Y’ also fails to repay the loan. ‘X’ on account of his status as insolvent enjoys immunity from legal proceedings, In these circumstances:
- ‘X’ can in law institute a suit for recovery of only 50% of the outstanding from ‘Y’
- ‘Z’ is entitled in law to sue ‘Y’ alone for recovery of the entire outstanding amount
- ‘Z’ is not entitled to sue ‘Y’ also for recovery of loan amount till the order of insolvency of ‘X’ ceases to operate
- ‘Z’ is essential in law to sue ‘Y’ for 50% of the principal amount due and the entire interest outstanding.
71. ‘X’ and ‘Y’ have Jointly taken a loan from ‘Z’ with promise to repay the same with interest within two years. The loan is paid repaid. ‘Z’ releases ‘X’ from liability and institutes a suit for recovery of the entire amount due from ‘Y’ alone. ‘Z’ in law is entitled to recover:
- The entire outstanding from ‘Y’
- ‘Z’ having unilatrelly released ‘X’ from the promise to repay has forfieted his right to recovery the loan amount from ‘Y’ also
- ‘Z’ having unulaterelly released ‘X’ is entitled to recover only 50% of the outstanding from ‘Y
- Unilateral release by ‘Z’ of ‘X’ from liability is void and ‘Z’ can maintain a suit against both ‘X’ and ‘Y’
72. Which State Government has launched ‘Budhaar’ portal to make land records accessible to people?
- Andhra Pradesh
73. Which of the following Indian cities has been selected by UN for Global Sustainable Cities 2025 initiative?
- Noida and Greater Noida
74. Which of the following has been inscribed on the representative List of the Intangible Cultural Heritage of Humanity in 2017?
- Kumbh mela
- Chau Dance
- Buddhist Chanting in Ladakh and Vedic
- All of the above.
75. Who was named the Person of the year 2018 by Time?
- Meghan Markle
- Crown Prince Mohammad Bin Salman
- Jamal Khashoggi
- Elon musk
76. Which river does the Statue of Unity face?
77. In whose honour was a commemorative coin worth Rs.100 released recently?
- Deendayal Upadhyaya
- Atal Bihari Vajpayee
- Vallabhbhai Patel
- V. Narasimha Rao.
78. Swaraj Dweep is the name of?
- Ross Island
- Neil Island
- Havelock Island
- Bompoka Island
79. Which is the first country in Southeast Asia to legalise the use of marijuana medically?
80. Which author has been awarded the Jnanpith Award 2018?
- Sri Lal Sukla
- Krishna Sobti
- Amitav Ghosh
- Bhalebhandra Nemade.
81. With whom would you associate “The Thinker”, a sculpture cast in Bronze
- Leonardo da Vnci
- Auguste Rodin
- Vincent Van Gogh.
82. With which dance form will you associate the dancer Yamini Krishnamurthy?
- Bharatnatyam & Kuchipudi
83. For which discipline did Madam Currie win the Nobel Prize twice?
- Twice for chemistry
- Twice for Physics
- One for Physics and one for Chemistry
- One for Chemistry and one for Peace.
84. In which ocean is Madagasdcar located?
85. Which two rivers have their confluence at Rudraprayag in Uttarakhand?
- Alanknanda and Mandakini
- Alaknanda and Bhagirathi
- Alaknanda and Pindar
- Mandakini and Dhauliganga.
86. Which sub atomic particle is referred to as the “God Particle”?
- Higgs Boson
87. The Great Bath of the Indus Valley Civilization was discovered in:
88. The Justice V.R. Krishna Iyer Award for 2018 has been awarded to:
- Justice K.S. Puttaswamy
- Keshavananda Bharti
- The LGBT Community
- Madhav Menon.
89. In the Sabrimala judgement which judge of the Supreme Court held that “it is not for courts to decide what is an essential religious practice”, and dissented from the majority view?
- Justice Indira Banerjee
- Justice Indu Malhotra
- Justice D.Y. Chandrachud
- Justice R. Banumathi.
90. What service continues to have be mandatorily linked with Aadhaar Card, as per the judgement in KS Puttaswamy v. Union of India, dated 26th September, 2018?
- Bank account
- Mobile number
- PAN Card
- Voter ID.
91. A bench of how many judges of the Supreme Court passed the Judgement in Navtej Singh Johar v. Union of India?
- 3 judges
- 5 judges
- 7 judges
- 9 judges.
92. Justice Thottathil B. Radhakrishna was sworn in as the first Chief Justice of which Court?
- Gauhati High Court
- Telangana High Court
- Tripura High Court
- Manipur High Court.
93. The Supreme Court is open for general public on which day?
94. Which judge of the Supreme Court gave a dissenting opinion in the Bhima Koregaon SIT probe case?
- Justice D.Y. Chandrachud
- A.K. Sikri
- Justice A.M. khanwilker
- Justice Indu Malhotra.
95. In Joseph Shine v. Union of India, the supreme Court struck down which provision as being unconstitutional?
- Section 57 of the Aadhaar Act
- Section 377 of the Penal Code
- Section 33(2) of the Aadhaar Act
- Section 497 of the Indian penal code.
96. In Swapnil Tripathi & Ors. v. Union of India, the Supreme Court allowed live streaming of what kind of matters?
- All public interest litigations
- All cases except criminal cases
- All cases of constitutional importance
- None of the above.
97. The draft Data Protection Bill was drafted by which committee?
- Justice Srikrishna Committee
- Justice Satyakrishna Committee
- Justice Sriram Committee
- Justice Shankar Committee.
98. Which commodity is exempt from Goods and Services Tax?
- Sanitary Napkins
- Both (a) and (b)
- None of the above.
99. In Government of NCT of Delhi v. Union of India, the Supreme held as under:
- LG is not bound by the aid advice of the Government of NCT of Delhi in all areas
- LG is to mandatorily adhere to the aid and advice of the Government of NCT of Delhi in all areas
- LG id bound by the aid and advice of the Government of NCT of Delhi in areas other than those exempted
- None of the above.
100. Foreign law firms/companies and lawyers cannot practice profession of law in India but can advice their client in India:
- Once a month
- Thrice a years
- On a fly in and fly our basis
- None of the above.
101. In the Hadiya case, the Supreme held that right to marry a person of one’s own choice is integral to:
- Article 19 of the Constitution of India
- Article 14 of the Constitution of India
- Article 25 of the Constitution of India
- Article 21 of the Constitution of India.
102. A Constitution Bench of the Supreme Court while holding that Parliament Committee Reports can be relied on in a Court also observed that:
- They can used for the purpose of interpretation of a statutory provision
- They are admissible under section 74 of the Indian Evidence Act
- The report cannot be impinged or challenged in a court
- All of the above.
103. Which of the following sections in the India Penal Code was dealt with in the judgement of the Supreme Court in Navtej Singh Johar v. Union of India:
- Section 376
- Section 377
- Section 420
- Section 302.
104. The only floating national park in the world is located at:
105. Amnesty International has is Headquarters at:
- New York
106. The issue whether section 497 IPC is violative of Article 14 and Article 15 of the Constitution was decided by the Supreme Court for the first time in the case of:
- Yusuf Abdul Aziz v. State of Bombay
- Sowmithri Vishnu v. Union of India
- Revathi v. Union of India
- Joseph Shine v. Union of India.
107. The Supreme Court in 2018 observed that every attempt should be made by all the court not to disclose the identity of the victim in terms of section 228A IPC in the case of:
- Lalit Yadav v. The state of Chhattisgarh
- Dev Singh v. State of Punjab
- Ratan Lal v. State of Madya Pradesh
- Sunil Kumar v. State of Bihar.
108. The Supreme Court in Sher Singh @ Partapa v. State of Haryana, held that the prosecution can discharge the initial burden to private the ingredients of which of the following sections of the IPC even b preponderance of probabilities?
- Section 500
- Section 498A
- Section 489
- Section 304B.
109. The Supreme Court in 2017 read down exception 2 to section 375 IPC to be meaningfully read as: “Sexual intercourse or sexual acts by a man with his own wife, the wife not being under eighteen years of age, is not rape “in the case of:
- Independent Thought v. Union of India.
- for Social Justice & Research v. Union of India
- Court on its Own Motion (Lajja Devi) v. State
- None of the above.
110. The Supreme Court in 2015 had laid down that an amendment to a criminal complaint to cure a simple infirmity curable by means of a formal amendment not causing any prejudice to the other side is permissible even though there is no specific provision in the Code of Criminal Procedure to amend a complaint field under Code of Criminal Procedure in the case of:
- CREF Finance Ltd. v. Shree Shanti Homes (P) Ltd.
- Devarapalli Lakshminarayana Reddy v. V. Narayana Reddy
- R. Sukumar v. S. Sunaad Raghuram
- None of the above.
111. ‘A’ instigates ‘B’ to instigate ‘C’ to secretly bury the dead body of ‘C’s baby in order to conceal the birth of the child . ‘B’ instigates ‘C’ in consequence of thereof. ‘C’ refuses to do the needful. In such a situation which of the following denotes the correct position?
- ‘A’ has committed no offence
- ‘B’ has committed an offence
- ‘B’ has committed to offence
- Both (a) and (c).
112. The maximum period of solitary confinement provided under section 73 IPC is:
- One months
- Two months
- Three months
- Six months.
113. An act resulting in death done with the knowledge of its very serious consequences does not by itself become murder under clause (4) of Section 300 I.P.C it must further be shown that:
- The accused had some knowledge about the fact that it will cause death
- Even though the accused knew about the consequences, he did the act without any excuse for incurring the risk causing death.
- The accused had no valid excuse for the act done by him
- His intention was to kill the victim as the victim had certain qualities which were against the norms of the society.
114. Dislodging a tooth by a fist blow is an offence punishable under?
- Section 325 IPC
- Section 323 IPC
- Section 324 IPC
- Section 326 IPC.
115. Theft is committed when:
- The moment one takes into possession another’s property
- There is moving of property out of the possession of another without his consent
- There is dishonest taking of any movable property out of the possession of another
- None of the above.
116. The offence of voyeurism is punishable under:
- Section 354A IPC
- Section 354B IPC
- Section 354C IPC
- Section 354D IPC.
117. ‘A’ for the sake of ‘B’ his insane son gives consent for an open hart surgery (which the surgeon informs is essential to save B’s life) knowing that the operation will likely cause the death of ‘B’ but not intending so. ‘A’ falls within the general exception provided in:
- Section 86 IPC
- Section 87 IPC
- Section 88 IPC
- Section 89 IPC.
118. Which of the following statements is incorrect?
- To attract the offence under section 149 IPC, it must be shown that the accused persons had done the incriminating act to accomplish the unlawful common object of the unlawful assembly
- To attract the offence under section 149 IPC, it must be shown that the accused persons shared the knowledge amongst themselves that the act likely to be committed is in prosecution of the unlawful common object
- To attract the offence under section 149 IPC, some overt act on the part of a member of the unlawful assembly is necessary to render him liable under section 149 IPC.
- None of the above.
119. Which of the following is an offence under the Indian Penal Code?
- Keeping an office for the purpose of drawing any lottery not being a State lottery
- Receiving profits from a business which the person knows is for making obscene books to be sold
- Selling on obscene object to a person aged 19 years
- All the above.
120. ‘A’ commits theft on property in ‘B’ possession and while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting ‘B’ in case ‘B’ should resist. ‘A’ has committed an offence under:
- Section 392 IPC
- Section 382 IPC
- Section 397 IPC
- Section 379 IPC
121. Stolen property under section 410 of the Indian Penal Code includes:
- Property which has been criminally misappropriated
- Property in respect of which criminal breach of trust has been committed
- Property the possession whereof has been transferred by robbery
- All the above.
122. ‘Good faith’ defined in Section 52 of the Indian Penal Code means:
- An actual belief that the act done is not contrary to any law in force
- An act done honestly, in fact
- An act done under bona fide belief
- An act done with due care and attention.
123. ‘A’ the landlord, knowing of the commission of a murder within the limits of his estate wilfully misinforms the Magistrate of the district that the death has occurred because of an asthma attack followed with an attack of epilepsy. In such situation ‘A’ is:
- liable for no offence
- liable for the offence punishable under section 177 IPC
- liable for the offence punishable under section 193 IPC
- liable for the offence punishable under section 196 IPC.
124. “Lawful Guardian” in the context of the offence of kidnapping under section 361 of the IPC includers:
- Only parents
- Only blood relatives
- Any person lawfully entrusted with care or custody of the minor
- None of the above.
125. Which of the following proposition relating to euthanasia was laid down by the Supreme Court in 2018 in the case of Common Cause Union of India?
- An adult human being having mental capacity to take an informed decision has right to refuse medical treatment including withdrawal from life saving devices.
- An adult human being not having mental capacity to take an informed decision has a right to refuse medical treatment including withdrawal from life saving devices.
- An adult human being having mental capacity to take an informed decision has right to refuse medical treatment but not the right decide withdrawal from life saving devices.
- None of the above.
126. Under section 468 Cr. P.C the period of limitation for an offence punishable with a term not exceeding one year is:
- Six months
- One months
- Two years
- Three years.
127. Which section of the Cr. P.C. directs for the free treatment to victims of sexual offence?
- Section 357
- Section 359
- Section 357B
- Section 357C.
128. The Supreme Court in the case of Lalita Kumari, held that while ensuring and protesting the rights of the accused and the complainant, a preliminary inquiry should be made in a time bound manner and in any case it should not exceed:
- 7 days
- 5 days
- 10 days
- 14 days.
129. An accused in essential to statutory bail (default bail) if the police fails to file the charge-sheet within how many days of his arrest for the offence punishable with ‘imprisonment up to 10 years”?
- 30 days
- 60 days
- 90 days
- 180 days.
130. Which of the following statement in incorrect?
- ‘A’ is accused of the theft of a certain article at a certain time and place. The charge need not to set out manner in which the theft was effected.
- ‘A’ is accused of disobeying a direction of the law with intent to save ‘B’ from punishment. The charge must set out the disobeying charge and the law infringed.
- The charge can be altered even after final arguments but before the judgement is pronounced.
- ‘A’ is accused of cheating ‘B’ at a given time and place. The charge need not set out the manner in which ‘A’ cheated ‘B’.
131. Under section 389(3) Cr. P.C. the Trail Court can release an accused on bail after conviction where:
- the accused is sentenced with imprisonment for a term not exceeding 2 years and no fine is imposed, whether he is on bail or not.
- The accused is on bail and he is sentenced with imprisonment for a term not exceeding 5 years and no fine is imposed.
- The accused is on bail and he is sentenced with imprisonment for a term not exceeding 3 years.
- The accused is on bail he is sentenced with imprisonment for a term not exceeding 7 years and no fine is imposed.
132. With regard to proceedings under section 125 Cr. P.C which of the following propositions is correct?
- Strict proof of marriage in necessary.
- Standard of proof is very high as required in a proceeding under the Hindu Marriage Act, 1955.
- Prima facie proof showing that the parties are living as husband and wife is sufficient.
- Prima facie proof showing that the parties are living as husband and wife is not sufficient and something mere is required.
133. Period of limitation for execution of the order of maintenance under section 125 Cr. P.C. is:
- One year from the date on which it becomes due.
- Three years from the date on which it becomes due.
- Five years from the date on which it becomes due.
- Twelve years from the date on which it becomes due.
134. Recording of pre-summoning evidence may be dispensed with under section 200 Cr. P.C.:
- If the complaint is supported by the affidavit of the complainant.
- If the complaint is made in writing by a public servant in the discharge of his official duties.
- If the complainant is a senior citizen.
- All of the above.
135. Section 164 Cr. P.C. provides for recording of a confession or statement:
- In the course of the investigation only.
- At any time after commencement of investigation and before commencement of the trail.
- During investigation or at any time afterwards before commencement of inquiry or trail.
- During investigation, inquiry and trail.
136. Under section 260 Cr. P.C. which of the following offences cannot be tried summarily?
- Offence of theft where the value of the property does not exceed two thousand rupees.
- Offences punishable with imprisonment up till one year.
- Offence under section 454 and 456 IPC.
- Offence punishable with imprisonment exceeding two years.
137. Which of the following persons has/have the right to file an appeal under section 372 Cr. P.C against an order of acquittal?
- Victim’s guardian
- Victim’s legal heir
- All the above.
138. Which of the following offences cannot be compounded under the provisions of section 320 Cr. P.C.?
- Causing miscarriage punishable under section 312 IPC.
- Wrongfully confining a person in secret punishable under section 346 IPC.
- Criminal trespass punishable under section 447 IPC.
- Extortion punishable under section 384 IPC.
139. Which of the following statement is incorrect?
- A Court imposing a sentence of fine may while passing judgement, order the whole or any part of it to be applied in defraying the expenses of the prosecution.
- A Court can order compensation for the rehabilitation of a victim even if the case ends in acquittal or discharge.
- If the Court does not impose a sentence of fine, then it cannot order any compensation to the victim of the offence.
- None of the above.
140. A Court can stop the proceeding of a case under section 258 Cr. P.C. in which of the following cases?
- Warrant cases instituted otherwise on a police report.
- Summon cases instituted otherwise on a police report.
- Warrant cases instituted in a police report.
- Summons case instituted otherwise than upon a police report.
141. In computing the period of limitation for the purpose of section 468 Cr. P.C. which of following period has to be excluded?
- The time during which the offender has been absent from India.
- The time during which the offender has avoided his arrest by absconding or conceal himself.
- Both the above.
- None of the above.
142. Which section of the Code of criminal Procedure, 1973 enacts the rule of autrefois acquit and autrefois convict?
- Section 300
- Section 302
- Section 303
- Section 304.
143. Which of the following statement is correct with regard to the application of section 313 Cr. P.C.?
- The statement of the accused is recorded in oath
- The section does not apply to an inquiry but only to a trial.
- The Court may permit filling of written statement by the accused as sufficient compliance of section 313 Cr. P.C.
- All the above.
144. Which of the following statement is incorrect with regard to the application of section 319 Cr. P.C.?
- When an additional accused is summoned proceeding in respect of such person shall commence afresh.
- An accused once discharged can never ne summoned under section 319. Cr. P.C.
- When an additional accused is summoned witnesses will be re-heard.
- Any person attending the Court although not under arrest may be detained by such Court for the purpose of trail of the offence which he appears to have committed.
145. In the context of section 161 Cr. P.C. which of the following statements in incorrect?
- The statement of a female victim of a sexual offence can be recorded only by a woman police officer.
- The person so examined shall be bound to answer truly all question relating to the case put to him by the police officer other than questions the answers to which would have a tendency to expose him to a criminal charge.
- The police officer has to record the statement and get it signed by the person so examined.
- All of the above.
146. The Magistrate has power to issue Commission for examination of witness in prison under which section of the Indian Penal Code?
- Section 270 Cr. P.C.
- Section 271 Cr. P.C.
- Section 272 Cr. P.C.
- Section 273 Cr. P.C.
147. ‘X’ files a private complaint in the Court of the Magistrate. During the course of the enquiry it transpires that the Police is also investigating into the same subject-matter. The Magistrate in such a case shall:
- Continue with the complaint case and record the statement of the witnesseses.
- Call for a report from the police officer.
- Stay the proceeding of such enquiry in trail and call for a report on the matter from the police officer conducting the investigation.
- Dismiss the complaint.
148. A Magistrate to whom a complaint is made under the section 340 or 341 Cr. P.C.:
- Shall deal with the same as if it were a complaint case
- Shall deal with the same as if it were warrant trail case
- Shall deal with the same as far as may be as if it were instituted on a police report
- Shall deal with the same as if it were a summon case.
149. The Magistrate at the time of delivery of judgement returns a finding that witness ‘X’ had knowingly given false evidence intending that such evidence should be used in such proceeding as evidence, and the Magistrate is satisfied that it is a necessary and expedient in the interest of justice that ‘X’ should be tried for doing so, in such a case:
- The Magistrate may convict the person without affording him any further opportunity
- The Magistrate may take cognizance of the offence and after giving a reasonable opportunity of showing cause, convict him or may make a complaint under section 340 Cr. P.C. for the offence.
- The Magistrate may direct registration of an FIR.
- All of the above.
150. Which out of the following is an irregularity, which even if committed by a Magistrate not empowered by law to do so, but done erroneously in good faith, does not vitiate his proceedings or render the same to be set aside merely on the ground of his not being so empowered?
- Attaches and sells property under section 83
- Cancels a bond to keep the peace.
- To recall a case and try to himself under section 410
- Makes an order under Part C or Part D of Chapter X.
151. A suit was filed and disposed of by a court which had no pecuniary jurisdiction to try it. That judgment and decree became final. Whether the findings recorded in it operate as res judicata in a subsequent suit between the same parties?
- Depends on the facts and circumstances of each case
- At the discretion of the Court.
152. ‘A’ sues for possession of Math property as an heir of Mahant. The suit is dismissed on his failure to produce the succession certificate. ‘A’ files subsequent suit as manager of the Math:
- The second suit will be barred by res judicata.
- The second suit will not be barred by res judicata.
- The second suit is liable to be stayed.
- None of the above.
153. An application for review of judgment would lie only when:
- The applicant has accepted the judgment.
- The applicant gives an undertaking to the Court to accept the judgment.
- An appeal lies against the judgment and has been preferred.
- An appeal lies against the judgment but has not been preferred.
154. Ram Lal & Co., a sole proprietary of Ram Lal, files a suit against ‘X’ for recovery of money, ‘X’ files a Counter Claim in the said suit for recovery of money owed by Shyam Lal & Co., a sole proprietary of Shyam Lal, son of Ram Lal:
- Issue will be farmed in the suit and Counter Claim.
- Shyam Lal will be impleaded as plaintiff in the suit.
- Shyam Lal will be impleaded as defendant in the suit.
- Counter Claim will be returned.
155. Limitation for substitution of legal representatives of a judgment debtor in execution proceedings is:
- of 30 days from the date of death of judgment debtor.
- of 60 days from the date of death of judgment debtor.
- of 90 days from the date of death of judgment debtor.
- None of the above.
156. Non-substitution of legal representative of either party to the suit who dies, between the conclusion of hearing and pronouncement of the judgment:
- Renders the judgment of nullity.
- Randers the judgment liable to be set aside in appeal.
- Renders the judgment nullity only at the option of other party.
- Has no consequences.
157. ‘Issues’ under the Code of Civil Procedure means:
- Material proposition of fact affirmed by plaintiff and denied by defendant.
- Material proposition of fact affirmed by defendant and denied by plaintiff.
- Every proposition of fact or law affirmed by one party and denied by the other.
- Material proposition of fact law affirmed by one party and denied by the other.
158. Service of summons of a Civil Suit on the defendant thereto can be ordered by publication in a newspaper, when:
- The plaintiff is willing to bear the costs thereof.
- The defendant stays outside the territorial jurisdiction of the Court.
- The defendant is avoiding service or cannot be served in ordinary way.
- The plaintiff fails to take steps for service of the defendant.
159. If a party to a suit who has obtained an order to amend its pleadings fails to amend accordingly.
- If the party is the plaintiff, the suit has to be dismissed and if the party is the defendant the written statement is to be taken off the record.
- The right to amend has to be closed.
- The right to lead evidence in support of the amendments has to be closed.
- The right to amend has to be closed but that party can file another application seeking that amendment.
160. ‘X’ files a suit against his sister ‘Y’ seeking partition of properties of their parents. ‘Y’ in her written statement admits the shares of ‘X’ and ‘Y’ in the properties as pleaded by ‘X’. The Court should:
- Frame issue and direct evidence to be led.
- Direct admission/denial of documents.
- Pass judgment forthwith.
- Direct the parties to enter into compromise.
161. An order of dismissal in default of a suit, for non-appearance of plaintiff or his advocate, is:
- Not subject to any of the above.
162. ‘A’ dies leaving two sons and two daughters. One of the sons files a suit against the other son for partition of estate of ‘A’ pleading that ‘A’ left a Will bequeathing the estate Jointly to the two sons. The defendant denies that ‘A’ left any Will. The suit is put to trail and the Will is proved and a decree for partition passed dividing the estate between the two sons. Thereafter one of the daughters of ‘A’ files a suit for partition of estate of ‘A’ impleading her three siblings as defendants thereto and pleading that ‘A’ died intestate. Two sons on their written statement plead that the Will has already been proved in the earlier suit and the estate stands partitioned and the suit is not maintainable. The Court will:
- Dismiss the suit.
- Stay further proceeding in the suit.
- Frame issues in the suit and relegate the parties to lead evidence on all matters in issue including the validity of Will.
- Frame issues in the suit and relegate the parties to lead evidence but no issue will be framed with respect to Will of ‘A’ because judgment of the Court in the earlier suit between the two sons is a judgment in rem.
163. Notice under section 80 of the CPC is required, for filing a suit against:
- A Public Sector Undertaking and/or a Statutory Body.
- A Company, 100% shares of which are held by the Government and/or against a Public Officer.
- Both (a) and (b)
- Neither (a) nor (b).
164. For non-compliance of section 80 of the CPC.
- The suit is to be dismissed in very first day.
- The suit is to be admitted but summons have to be issued of a date after two months.
- The plaint is to be returned.
- Costs have to be imposed.
165. ‘A’, ‘B’, ‘C’, ‘D’ & ‘E’ are jointly and severally liable for Rs. 2,53,000 under a decree obtained by ‘F’. ‘A’ obtains a decree for Rs. 2,00,000 against ‘F’ singly and applies for execution to the Court in which the joint decree is being executed. The Court has to:
- if ‘F’ opts to trend his joint decree against ‘A’, ‘B’, ‘C’, ‘D’ & ‘E’ as a cross-decree, record satisfaction to the extent of Rs. 2,00,000 of the joint decree for Rs. 2,53,000 and proceed with the execution only of the decree in favour of ‘F’ for remaining Rs. 53,000, against ‘A’, ‘B’, ‘C’, ‘D’ & ‘E’.
- proceed simultaneously with execution of both the decrees.
- ask ‘A’ to separately with execution of his decree against ‘F’.
- record satisfaction of the joint decree of Rs. 2,53,000 only to the extent of 1/5th amount thereof against ‘A’ and proceed with execution of joint decree for the balance amount against ‘B’, ‘C’, ‘D’ & ‘E’.
166. Wife obtains a decree for restitution of conjugal rights against the husband. The husband fails to comply with the decree. The Court, in execution:
- Shall direct the Police to ensure that the husband does not obstruct the wife from cohabiting with the husband.
- Shall order arrest of the husband and detention in civil prison till he complies with the decree or for a maximum period of three months, whichever is earlier.
- Shall order arrest and attachment of the property of the husband and detention in civil prison and continuance of attachment till the husband complies with the decree.
- May direct the husband to make periodical payment, as may be fixed, to by made to the wife and recover the said monies as under a decree for recovery of money.
167. A decree for recovery of money is executable by detention of the judgment debtor in civil prison:
- If the judgment debtor has failed to comply with the decree within 90 days of passing thereof.
- If the judgment debtor, despite having means to satisfy the decree has arranged his affairs in such a manner as to defeat and delay the execution of the decree.
- If the judgment debtor is likely to abscond or leave the local limits of jurisdiction of the Court.
- If the judgment debtor, despite notice of execution has failed to comply with the decree.
168. ‘B’, a bank, under a scheme for grant of educational loan to females, grants a loan of Rs. 2,00,000 to ‘A’. ‘A’ fails to repay the loan and ‘B’ files a suit for recovery thereof. During the pendency of suit. ‘A’ is married ‘B’ does not take any steps within the prescribed time, to substitute the maiden name of ‘A’ with the married name of ‘A’ in the suit. The suit is decided in favour of ‘B’ and against ‘A’ in her maiden name:
- The suit abates and decree is a nullity.
- The suit does not abate but the decree against ‘A’ in her maiden name cannot be executed.
- The decree can be executed against the husband of ‘A’ also.
- The decree may be executed against ‘A’ in her married name.
169. A person who does not have sufficient means to pay court fees on a suit for recovery of money for which cause of action has accrued to him.
- Cannot file the suit.
- Can file the suit by furnishing Bank Guarantee.
- Can file the suit by furnishing affidavit to pay court fees out of the decretal amount.
- Can file the suit by establishing before the Court that he is not possessed of sufficient means to pay the court fees.
170. The Civil Court can grant an injunction without issuing notice to the defendant.
- In all cases.
- Only if the object of granting injunction would be defeated by delay and after recording reasons therefor.
- If the plaintiff offers some security for loss occasioned to the defendant by such ex parte.
- In no circumstances.
171. Upon grant of an ex parte injunction, the plaintiff has to comply with the proviso to order XXXIX, Rule 3 to the CPC, by filing an affidavit:
- Within seven days from the date on which injunction is granted.
- Within three days from the date on which such injunction is granted.
- On the day on which injunction is granted or on the day immediately following that day.
- Within fifteen days from the date on which injunction is granted.
172. If after service of summons, the defendant appears, but does not file the written statement within the prescribed time and right to file written statement is closed.
- Court has to proceed against the defendant ex parte.
- Court may pronounce judgment against the defendant without requiring evidence from the plaintiff.
- Court has to necessarily require the plaintiff to prove its case by leading evidence, with the defendant having no opportunity to cross-examine the witnesses of the plaintiff.
- Court has to necessarily require the plaintiff to prove its case by leading evidence and provide an opportunity to the defendant, to cross-examine the plaintiff and its witness, on his defence.
173. On service of summons under Rule 2 of Order XXXVII of the CPC, the defendant has to:
- Within ten days of such service enter an appearance and file in Court an address for service of notice in him.
- Within seven days of such service enter an appearance and file in Court an address for service of notices on him.
- File written statement within 30 days of such service.
- File leave to defend within ten days of such service.
174. In a suit for partition instituted on 5th July, 2000, recording of evidence has commenced. An application dated 9th July, 2018 of the plaintiff to amend the plaint.
- Lies and shall be allowed if the amendment is necessary for the purpose of determining the real question in controversy between the parties and on such terms as may be just.
- Lies and shall be allowed if the amendments are necessary for the purpose of determining the real question in controversy between the parties but shall not be allowed unless the Court comes to the conclusion that inspite of due diligence the plaintiff could not have raised the matter before commencement of trial.
- Lies and shall be allowed.
- Does not lie.
175. In execution of a decree for maintenance, salary of the judgment debtor who is a manager in a bank can be attached to the extent of:
- 1 ½.
176. If due default of appearance of the plaintiff a suit has been dismissed, then:
- The plaintiff cannot file a new suit for the same claim.
- The plaintiff can file a new suit for the same claim.
- The plaintiff can file a new suit for the same claim but only after satisfying the Court that there was sufficient cause for non-appearance when the earlier suit was dismissed.
- The plaintiff can file a new suit for the same claim but only after depositing costs of the earlier suit as may be determined in the subsequent suit.
177. Where local limits of jurisdiction of Courts are uncertain, the place of institution of the suit shall be according to:
- Section 17 of the CPC.
- Section 18 of the CPC.
- Section 19 of the CPC.
- Section 20 of the CPC.
178. The Rule of constructive res judicata is:
- A product of judicial interpretation.
- A Rule of equity.
- Contained expressly in the CPC.
- A part of the Supreme Court Rules.
179. On default of appearance of the plaintiff on the date fixed for framing of issue in a suit for recovery of Rs. 2,90,000 wherein the defendant has in the written statement, admitted liability in the sum of Rs. 1,25,000, the Court shall:
- Decree the suit against the defendant in the sum of Rs. 1,25,000 and dismiss the suit for recovery of remaining amount.
- Dismiss the suit.
- Frame issue in the suit and post the suit for evidence.
- Dismiss the suit insofar as for recovery of Rs. 1,25,000 and frame issue in the suit for recovery of balance amount.
180. In a suit, the plaintiff himself wishes to appear as a witness. Without any permission of Court, he may so appear:
- at any time before evidence of the plaintiff is over.
- Only before any other witness on behalf of the plaintiff has been examined.
- At any time before evidence of the defendant is over.
- At any time before argument are heard.
181. The amount which a Civil Judge can order to be paid as compensatory cost on respect of a false or vexatious claim or defence shall not exceed the amount of:
- 3,000 or the limit of pecuniary jurisdiction of the Civil Judge, whichever is more.
- 3,000 or the limit of pecuniary jurisdiction of the Civil Judge, whichever is less.
- 5,000 or the limit of pecuniary jurisdiction of the Civil Judge, whichever is less.
- 5,000 or the limit of pecuniary jurisdiction of the Civil Judge, whichever is more.
182. Under section 148 of the CPR, the Court has power to enlarge time:
- Not exceeding 30 days in total.
- Not exceeding 60 days in total.
- Not exceeding 90 days in total.
- As may be appropriate in the facts and circumstances of the suit.
183. Caveat under section 148A of the CPC remains in force for a period of:
- 90 days.
- 60 days.
- 30 days.
- 15 days.
184. An agreement entered into or a compromise by a next friend or guardian for the suit in behalf of a minor, with reference to the suit in which he acts as next friend or guardian, without the leave of the Court is:
- Voidable against all the parties other than the minor.
- Voidable only against the minor.
- Void per se and non-actionable.
185. A fresh suit on same cause of action is not barred when:
- The plaint in the earlier suit has been rejected under Order VII, Rule 11 of the CPC.
- The earlier suit has been dismissed owing to failure to take steps for service of the defendant.
- The earlier suit has been dismissed owing to neither party appearing when the suit is called for hearing.
- All of the above.
186. Order XXXVII of the CPC applies to a suit:
- Upon bills of exchange, hundies and promissory notes and suit in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant arising on a written contract or on an enactment or on a guarantee.
- Upon bills of exchange, hundies and promissory notes and suit in which the plaintiff seeks only to recover a debt or liquidated demand in money payable by the defendant arising on a written contract or on an enactment or on a guarantee or for recovery of receivables instituted by any assignee of a receivable.
- On payment of double the court fees.
- For compensation for defamation.
187. Where the appeal preferred against a decree passed ex parte has been withdrawn, an application under Order IX, Rule 13 of the CPC shall:
- Not a Lie
- Lie only with the permission of the appellate Court
- Be referred for opinion of the appellate Court.
188. Where a suit is withdrawn by the plaintiff under Order XXIII, Rule 1 of the CPC.
- Neither of the defendants therein can apply to be transposed as plaintiff.
- Any of the defendants thereto can apply to be transposed as a plaintiff as a matter of right.
- Any of the defendants thereto can apply to be transposed as plaintiff only if satisfies the Court, that the conditions under Order I, Rule 10 CPC and further that the said defendant has a substantial question to decided against any of the other defendants.
- Any of the defendant thereto can apply to be transposed as plaintiff under Order I, Rule 10 of the CPC.
189. The plaintiff in a suit onus of all the issues framed wherein is on the plaintiff, during the cross-examination of the defendant and his witnesses produces documents not filed earlier and not executed by the defendant or his witnesses and puts to the defendant and his witnesses the said documents. The said documents are not admitted or acknowledged by the defendant and/or his witnesses and are not admitted into evidence though remain on record.
- The plaintiff after closure of evidence of defendant is entitled to lead evidence to prove the documents so shown for the first time in cross-examination.
- The plaintiff is not entitled to lead evidence in proof of the said documents which the plaintiff had failed to procedure within the prescribed time.
- The said documents will be read in evidence at time of final arguments.
- The plaintiff can lead rebuttal evidence qua the said documents.
190. Who can appoint the arbitrator pursuant to an Arbitration Agreement of reference of disputes to a sole arbitrator?
- The parties to the Arbitration Agreement or the person/body if any mentioned in the Arbitration Agreement.
- Court or any person or institution designated by such court.
- Chief Justice of the High Court or the Supreme Court as the case may be.
- Both (a) and (b).
191. An Arbitral Award pursuant to an Arbitration Agreement dated 1st November, 2015 can be set aside under:
- Section 13 of the Arbitration & Conciliation Act.
- Section 20 of the Arbitration Act.
- Section 34 of the Arbitration & Conciliation Act.
- Section 15 & 30 of the Arbitration Act.
192. The Court is:
- empowered to grant interim measures after the making of an Arbitral Award but before it is enforced, under section 9 of the Arbitration & Conciliation Act.
- empowered to grant interim measures after the making of an Arbitral Award but before it is enforced, under section 189 of the Arbitration & Conciliation Act.
- empowered to grant interim measures after the making of an Arbitral Award but before it is enforced, under section 18 of the Arbitration & Conciliation Act.
- not empowered to grant interim measures after making of the Arbitral Award.
193. A Hindu wife files a petition against her husband for dissolution of marriage by a decree of divorce. Immediately after service of summons of the petition and before the filing of written statement the defendant files an application under section 8 of the Arbitration & conciliation Act for reference to arbitration in accordance with the arbitration clause in a Settlement Agreement signed by the partied when on an earlier occasion police complaints were made against each other. The wife admits the Arbitration Agreement which encompasses all disputes and differences of any kind between the parties. The Court shall:
- Allow the application under section 8 and refer the parties to arbitration.
- Dismiss the application and proceed with the petition.
- Adjourn sine die further proceedings in the divorce petition.
- Dismiss the divorce petition and direct the husband to invoke the arbitration clause before the appropriate forum.
194. In a suit for specific performance of an Agreement of Sale of immovable property the defendant along with his written statemen files an application under section 8 of the Arbitration & Conciliation Act for referring the partied to arbitration in accordance with arbitration clause contained in the Agreement to Sell. The plaintiff admits the existence of the arbitration clause as well as that the subject-matter of suit is subject-matter of such arbitration clause. The Court shall:
- Dismiss the application on the ground of having not been filed before filing the written statement or taking any other steps in the proceedings.
- Allow the application and refer the parties to arbitration.
- Allow the application and stay further proceeding in the suit with right to the plaintiff to revive the suit if the defendant does not proceed with the arbitration with due diligence.
- Dismiss the application on the ground that claims for specific performance of Agreement to Sell are not arbitrable.
195. A Financial Institution institutes a suit for re-possession of a vehicle subject-matter of Hire Purchase Agreement with the defendant and for recovery of hire charges. The Hire Purchase Agreement produced by the plaintiff along with the plaint contains an arbitration clause for reference of such claims to arbitration of a reputed named advocate. The Court shall:
- Not admit the suit owing subject-matter thereof being the subject-matter of Arbitration Agreement.
- Not admit the suit owing to subject-matter thereof being the subject-matter of Arbitration Agreement and refer the dispute to arbitration.
- Issue summons of the suit.
- Dismiss the suit.
196. On allowing of an application under section 8 of the Arbitration & Conciliation Act, the suit:
- Stands disposed of.
- Remains pending.
- Is adjourned sine die.
- Is proceeded with further.
197. An Arbitration Agreement dated 1st December, 2018 provides for reference of disputes to four arbitrators with two be appointed by each of the parties. The Arbitration Agreement.
- Is void and non-actionable.
- Is to be construed as being of reference of disputes to a sole arbitrator.
- Is to be constructed as being of reference of disputes to three arbitrators.
- Is to be construed as being of reference of disputes to five arbitrators with the fifth arbitrator being nominated by the two arbitrators of each party.
198. The delay of 105 days beyond the prescribed time in applying for setting aside of the Arbitral Award pursuant to an Arbitration Agreement dated 1st November, 2017:
- Is condonable under section 5 of the Limitation Act, 1963.
- Is not condonable.
- Is condonable under the Arbitration & Conciliation Act.
- Is condonable under section 5 of the Limitation Act read with the Arbitration & Conciliation Act.
199. A suit, to challenge appointment of a person as arbitrator by the defendant on the ground of circumstances giving rise to justifiable doubt as to his independence or impartiality, by seeking a decree of declaration of such appointment as null and void, and of permanent injunction restraining arbitration proceedings, is:
- Not maintainable
- Maintainable only in the High Court
- Maintainable only in the Supreme Court.
200. An appeal against an order allowing an application under section 8 of the Arbitration & Conciliation Act:
- Lies to the Court authorized by law to hear appeals from the original decrees of the Court allowing the application.
- Does not lie.
- Lies only to the High Court.
- Lies only to the Supreme Court.