Previous Year Question Papers · Chhattisgarh Judicial Service (Pre.) Examination, 2004

Chhattisgarh Judicial Service (Pre.) Examination, 2004

22 min read

Law

1. Decree shall be deemed to include the rejection of a plaint and the determination of any question within Section 144 of C.P.C.-

(A) Wrong

(B) Right

(C) It includes rejection of planing but does not includes the determination of'any question within Section 144 of C.P.C.

(D) It, includes determination of any question within Section 144 but shall not include the rejection of a plaint

2. Whether an issue heard finally decided by a competent court of limited jurisdiction, shall operate as resjudicata in a subsequent suit that the aforesaid court was not competent do try?

(A) No

(B) Yes .

(D) None of these

3. Under section 34 of C.P.C. court can award interest from the date of decree to the date of payment or such earlier date as the court thinks fit. Rate of such interest shall not exceed... per annum.

(A) Nine percent (B) Ten percent

4. Caveat shall not remain in force after expirty of-

(A) Ninety days (B) Sixty days

5. Where the plaint has been rejected the plaintiff on the same cause of action-

(A) May file new suit

(B) Can’t file new suit

(D) None of these

6. Where decree is for the partition of an undivided estate assesed to the payment of revenue to the government, the partition of the estate, in accordance with the law for the time being in force, shall be made by-

(A) The Naib Tahsildar

(B) The Nazir

(D) The Commissioner appointed by the court

7. During the proceeding of execution of a decree, a question arises as to whether any person is or not the representative of a party, such question shall be determined by-

(A) The Court which passed the decree

(B) The Court executing the decree

(D) A Separate Suit

8. a suit, which relates to a raillway. the authority to be named as plaintiff or defendant shall be-

(A) The General Manager of the Railway

(B) A Secretary to the Central Government

(D) The Station Master of the Railway

9. During service of summons defendant was found absent from his residence and within reasonable time no chance to get back at his residence, service of the summons may be made on-

(A) On servant (B) Minor daughter

10. In which condition the officer incharge of the prison may refuse to produce the prisoner for evidence despite court’s order-

(A) Where the prisoner is related to Rulling party

(B) Where the prisoner is Ex-Minister

(D) Where Medical officer has certified prisoner is unfit to be removed.

11. A Suit may be dismissed where, after a summons has been issued to the defendant and returned unserved, plaintiff fails the apply for fresh summons for the period of-

(A) Seven days

(B) Sixty days

(D) Tow months when the plaintiff fails to apply for fresh summons from the court

12. Where any party dies after conclusion and before pronouncing Judgement-

(A) The suit Shall abate

(B) The suit shall not abate

(D) It depends on the discretion of the court whether it shall abate or not

13. After the passing of decree for payment of money, on the application of the judgement debtor court shall not order that payment of amount of decree shall be made by installments-

(A) Without recording evidence of both parties

(B) Without obtaining affidavits from both parties

(D) Without of consent of decree holder

14. Where an indigent person succeeds, the court fee shall be recovered-

(A) From the defendant

(B) By the State govt.

(D) From the plantiff

15. Appointment of receivers of any property can be made when-

(A) Before decree

(B) After decree

(D) It appears to the court to be just and convenient whether before or after decree

16. Right of private defence of the body extends to voluntarily causing death if the offence which occasions the exercise of right-

(A) Reasonably causes apprehension that death will be caused

(B) Reasonably causes an apprehension of simple hurt ;

(D) When the person is escaping after causing hurt

17. Which of the following punishment cannot be awarded under the Indian Penal Code-

(A) Forfeiture of property

(B) Rigorous imprisonment

(D) Death

18. Nothing is an offence which is done by a child below the age of -

(A) Eight years

(B) Ten years

(D) Twelve year

19. What is not correct about ‘Rape’?

(A) Consent is immaterial if she is U/16 years

(B) Penetration is sufficient &

(D) Death penalty may be awarded

20. ‘A’ instigates ‘B’ to instigate ‘C* to murder ‘Z’. ‘B’ accordingly instigate ‘C’ to murder ‘Z’ and *C’ commits that offence in consequence of ‘B’s instigation. ‘A’ is-

(A) Not guilty of any offence

(B) Not guilty of abetting murder

(D) Guilty of abetting murder

21. What Is the offence, where preparation of offence is also punishable?

(A) Theft

(B) Dacoity

(D) Rape

22. ‘Z’ stikes ‘B’. B is by this provocation excited to violent rage. ‘A’ a by stander, intending to take advantage of ‘B“s rage and to cause him to kill ‘Z’ puts a knife in to ‘B’‘s hand for that purpose. ‘B’ kills ‘Z’ with knife. What offence ‘A’ is guilty of?

(A) Culpable homicide not amounting to murder

(B) Abetting culpable homicide

(D) Murder

23. What punishment may be awarded to the person whose act is covered under general exceptions?

(A) No punishment

(B) Half of the punishment prescribed for that offence

(D) Depends upon discretion of the court

24. ‘A’ finds the key to ‘Y’s house door, which ‘Y’ had lost and commits home trespass by entering ‘Y’‘s house having opened the door with that key.What offence has ‘A’ committed?

(A) Lurking house trespass

(B) Criminal misappropriation

(D) House breaking

25. ‘A’ in good faith says of a book published by ‘Z’ that Z’s book is indecent, ‘Z’ must be a man of impure mind. Is this defamation punishable u/s 500 of IPC?

(A) Yes, because theopinion respects ‘Z’‘s character

(B) No, because it falls within one of the . exceptions of Section 499 of IPC

(D) No, because it has not been repeated

26. Which is not the stolen property?

(A) Possession whereof was obtained by cheating

(B) Possession whereof was obtained by robbery

(D) Possession whereof -was obtained by criminal'breach of trust

27. Any hurt is ‘grevious’ if it causes the sufferer to be in severe bodily pain dr unable to follow his ordinary pursuits during the space to-

(A) Fifteen days

(B) Twenty days

(D) Thirty days

28. Under Section 498 A cruelty means mental and physical torture-

(A) Right

(B) Wrong

(D) Only physical torture includes

29. Whoever kidnaps or abducts any child with intention of taking dishonestly any movable propety from the person of such child, shall be punished under Section 369 of I.P.C. if the child is under-

(A) Ten years (B) Twelve years

30. ‘A’ makes an attempt to pick the pocket of ‘B’ by trusting his hand into ‘B’‘s pocket. A fails in attempt in consequence of ‘B’‘s having nothing in his pocket. A is guilty of-

(A) None offence

(B) Theft

(D) Using criminal force

31. Warrant case means a case

(A) In which a police officer cannot arrest without warrant

(B) In which the court in first instance, shall issue a warrant of arrest against the accused

(D) Relating to an offence punishable with death, for life or for a term exceeding two years

32. In a first information an offence is cognizable and other is non cognizable the whole case shall be deemed to be-

(A) Congnizable

(B) Non-cognizable

(D) It is to be seen whether it is a summons case

33. The court magistrate 1st class may pass a sentence of imprisonment for a term not exceecling-

(A) Three years (B) Five years

34. The maximum term of imprisonment awardable in a summary trial is-

(A) Three moths

(B) Six months

(D) Two years

35. Whenever a Magistrate is of opinion, after hearing the evidence for prosecution and the accused, that the accused is guilty and that he ought to receive a severe punishment, than such Magistrate is empowerd to inflict, the magistrate may forward the case to-

(A) Session Judge

(B) Chief Judical Magistrate

(D) Concerned Police Station

36. Inherent powers, under Section 482 Cr.P.C. can be exercised by-

(A) Any Criminal Court

(B) The Supreme court only

(D) The High Court

37. When the person who would otherwise be competent to compound an offence under Section 320 of Cr.P.C. is dead, then-

(A) Offence cannot be compounded

(B) Offence can be compounded by any eye witness

(D) legal representative of such person can compound the offence with the consent of the court

38. When will proceeding be vitiated if the Magistrate is not empowered to do so?

(A) To issue a search warrant U/S 94 of Cr.P.C.

(B) To hold an inquiry U/S 176 of Cr.P.C.

(D) to tender a pardon under Section 306 of Cr.P.C.

39. No wife shall be entitled to receive maintenance from her husband U/S 125 ofK Cr.P.C

(A) She has obtained a divorce from her husband and has not remarried

(B) She is unable to maintain herself

(D) She is living on adultery

40. If a person in lawful custody escapes, the person from whose custody, he-escaped may, immediately pursue and arrest him-

(A) Within Local limits of the police station concerned

(B) Within Local limits of the District

(D) In any place in INDIA

41. What is true about Court of sessions?

(A) It can take cognizance without committal

(B) It can’t take cognizance without . committal

(D) It can take cognizance if chalan put up by S.P.

42. In relation to F.I.R., which of the following statements is not correct?

(A) It is not a substantive evidence

(B) It merely marks the. begining of the investigation

(D) The informant need not be an eye witness

43. If in a criminal appeal an accused dies and his near relatives wish to continue, within how much time they must apply?

(A) Four months (B) Three months

44. Three year period of limitation is prescribed for taking cognizance of the offence punishable' with imprisonment for a term not exceeding-

(A) One year (B) Three years

45. In relation to expressions defined in S. 3 of thelndian Evidence Act which of the following statement is not correct?

(A) Facts include not only physical facts but also psychological facts

(B) Court includes Arbitrators

(D) A fact is said to be not proved when it is neither proved nor disapproved

46. A voluntarily confession is admissible in evidence-

(A) When made to a police officer

(B) To Magistrate having competent jurisdiction

(D) Wherit leads to no discovery of facts and made to the police officer

47. For proving execution of aregistered will-

(A) Be necessary to call at least two attesting witness

(B) Be necessary to call at least one attesting witness

(D) be necessary to call the registrar

48. Unless non-access is proved, the presumption as to legitimacy of any child born during the continuance of a valid marriage between his mother and any man is-

(A) Rebuttable presumption of law

(B) Presumption of fact

(D) Irrebuttable presumption of law

49. Admissions are-

(A) Conclusive proof

(B) May operate as estoppels

(D) None of the above

50. ‘A’ is charged with travelling on a railway without ticket, the burden of proving that ‘A’ had a ticket is on-

(A) Ticket chcker (B) Railway

51. ‘A’ document is said to be in the handwriting of‘A’.That document is produced from proper custody. If the document is purporting or proved to be-

(A) Thirty (B) Fifteen

years old, court may presume that is in ‘A’ is handwriting

52. What number of witnessess will be required for the proof of any fact?

(A) No particular number

(B) At least one eye witness

(D) One party and one witness

53. Leading question-

(A) May be asked in examination in chief

(B) May be asked in cross-examination

(D) Cannot be asked in any circustances

54. Which of the following statements is correct?

(A) Estoppel is a rule of Evidence

(B) Estoppel form record constitutes bar of resjudicata

(D) There can be estoppel when the turth of the matter is known to both parties

55. The question is, whether ‘A’ committed a crime at Kolkata on a certain day.The fact that, on that day ‘A’ was at Chennai is relevant-

(A) As a motive for fact in issue

(B) As introductory to fact in issue

(D) As it makes the existence of fact issue highly improbable

56. A person summoned to produce a document when produces the document then-

(A) He becomes a witness

(B) He cross-examined by both the parties

(D) He doe's not become witness and cannot cross-examined unless and until he is called as a witness

57. The examination, after the cross-examination . of a witness by the party who has called him, is called-

(A) Main examination

(B) Additional cross-examination

(D) Re-cross examination

58. Which of the following is not an ‘accommodation’ as defined in 2(a) of the G.G.A.C. Act-

(A) House (B) Agriculture land

59. Who is not a land lord for the purpose of Section 23(J) of G.G.A.C. Act-

(A) A retired servant of any Government

(B) A servant of any Government

(D) A handicapped person

60. Where an order for the eviction of tepant is made on the ground that the residence for himself, the landlord shall not be entitled to obtain possession thereof before the expiration of period of-

(A) Two months (B) Three months

from the date of order

61. No Court shall take cognizance of an offence punishable under Accommodation Control Act, unless the complaint in respect of the offence has been made within-

(A) Six months

(B) One year

(D) Three months from the date of commission of the offence

62. After the service of notipe of demand, no suit for eviction of a tenant on the ground of default in payment of arrears of rent shall be instituted until the expiration of-

(A) One month (B) Tow months

63. The rent controlling Authority should not below the rank of-

(A) Tahsildar

(B) Asst. Supd. land records

(D) Civil Judge

64. A landlord making false the frivolous^ application U/S 23A of A.C. Act may be saddled with compensatory costs not exceeding-

(A) Six months

(B) Nine inonths

(D) One year rent of the accomodation at a time

65. Essential supply enjoyed by a tenant in respect of the accommodation let to him is cut off by the landlord. Who will make an order to restore such supply?

(A) Collector

(B) Civil Court

(D) Municipal Corporation or Municipality as the case may be

66. On the complaint of tenant if he is satisfied that the landlord without any reasonable cause ref used.to accept rent he may levy on the landlord a fine who is he?

(A) Judicial Magistrate

(B) Rent controlling Authority

(D) District Judge

67. No court shall take cognizance of ah offence1 punishable under the Accommodation Control Act, unless the complaint in respect of the offence has been made within-,

(A) Six month’s

(B) One year .

(D) Three months from the date of commission of the offence

68; which is not the immovable property?

(A) A lease of land

(B) Growing crops

(D) A life interest in the income of immovable property

69. In which of the following cases, a transferof immovable property can be made without, writing-

(A) Sale of property of a value' more than Rs. 100

(B) Lease for'a term of 11 months

(D) Action table claim

70. the (ioctrine of Lispendese applies where-

(A) The suit is collusive

(B) The transfer is made after the decree but before the filing of an appeal

(D) Property is situated outside the territorial jurisdiction of the court

71. What kind of property is transferable?

(A) Right of re-entry

(B) Public Office

(D) Pension

72. ‘Attested’ in relation to an instrument means and shall be deemed always to have mean attested by at least-

(A) One witness

(B) Two witnesses

(D) Four witnesses

73. Whether a transfer can be made in favour of an unborn person?

(A) Yes, by machienry of trust

(B) Yes

(D) None of the above -

74. A mortgage by deposit of title deeds is called-

(A) Anomalous mortgage

(B) English mortgage

(D) Usufructuary

75. A lease of immovable property from year to year is terminable, on the part of either lessor or leasee, by

(A) One month

(B) Six month’s

(D) Sixty days notice expiring with the end of a year of the tenancy

76. Which of the following transfer is valid?

(A) An unregistered usufructuary mortgage for Rs. 99/^

(B) An unregistered gift of immovable property for the value of Rs. 99

(D) Ah oral assignment of debts

77. In which of the follwolng cases, a lease of immovable property doesn’t determine?

(A) By efflux of time limited there

(B) By express surrender

(D) By forfeiture

78. What is not require in Gift?

(A) Donor and Donee

(B) Consideration

(D) Transfer and acceptance

79. What will be effect of mistake of the law in force in India on the agreement?

(A) Not voidable

(B) Voidable

(D) Not void

80. “A” promises for no consideration to give to ‘B” Rs. 1000 (one thousand rupees) agree-ment is-

(A) Voidable

(B) Void

(D) Not enforceable on being in writing

81. which of the following is not a quasi-contract?

(A) Obligation of person enjoying benefitof non-gratuitous act

(B) Responsibility of finder of goods

(D) Novation

82. Where no application is made and no time is specified for performance of promise, there the agreement be performed within-

(A) Three years

(B) Two years

(D) Reasonable time

83. A proposal when accepted-

(A) Becomes a promise

(B) Becomes an agreement

(D) Becomes a consideration

84. Every agreement in restraint of the mariage on any person other than a minor-

(A) Is voidable

(B) Is illegal

(D) Is valid

85. “X” hires a carriage of “Y”. The carriage is unsafe, though “Y” is not aware of it and “X” is injured. For the injury to “X”. “Y” is-

(A) Liable

(B) Not liable

(D) None of these

86. X entrust Y with negotiable instruments endorsed in blank.Y sells them to Z is violation of private orders from X. The sale is-

(A) Void

(B) Valid

(D) Voidable at the option of Z

87. “A” suplies “B” a lunatic, with necssaries suitable to his condition in his life. Whether “A” is entitled for reimbursement from the property of “B”-

(A) No.

(B) Yes, if the value of property si more than one lakh

(D) None of these

88. Which of the following statement is correct in relation to sub-agent?

(A) He is employed by the principal in the business of the agency

(B) He is employed by the original agent in the business of the agency

(D) The agent is not responsible to the principal for acts of the sub-agent

89. “A” gives authority to “B” to sell ‘A’s land and to pay himself out of the proceeds.The debts due to him from A. In the absence of an express contract-

(A) “A” can revoke this authority

(B) Authority'cab be terminated by the insanity of “A”

(D) “A” cannot revoke this authority nor can . it be terminated by his death or insanity

90. The jurisidiction to decide any dispute to which the state Govt, is not a party relating to any right which is recorded in the record of rights is concerned on-

(A) Civil-Court

(B) Tahsildar

(D) Collector

91. Agriculture does not include-

(A) Horticulture

(B) The planting and unkeep of orchards

(D) Forest of big bushes

92. Who is not a Revenue Officer?

(A) Settlement Officer

(B) Revenue Inspector

(D) Naib Tahsildar

93. Land revenue for different lands will be assessed by-

(A) Collector

(B) Settlement Officer

(D) Commissioner of Div.

94. Which one of the following shall not be taken into account in estimating the cost of cultivation?

(A) market value of the land

(B) The depreciation of stock and buildings

(D) The money equivalent of the cultivator’s family’s labor and supervision

95. No usufructuary mortgage of any land by a Bhumiswami shall be valid if it is for a period exceeding-

(A) 5 years

(B) 6 years

(D) 10 years

96. Where Bumiswami desires to take his land back possession whereof was taken by Tahsildar U/S176 of the land reserve code he should apply within-

(A) Three years form the commencement of nect agriculture years

(B) Two years from the commencement of next agriculture year

(D) Six months from the commencement of next agriculture year

97. In respect of which of the following matters, jurisdiction of civil court is not excluded-

(A) Electment of a government lessee

(B) Restoration of possession to an occupancy tenant

(D) Partition holding

98. For recovery of arrears of land revenue the following shall not be attached and sold-

(A) Cooking vessels of the defaulter

(B) Less than six hectares of land held by the defaulter in any sheduled area

(D) Tools of artisans

99. The Term of settlement shall not be less than-

(A) 100 years (B) 50 years

100. Where the Bumiswami effects a mortgage the to¬tal amount of interest U/165 (3) of land Revenue Cost shall not exceed-

(A) Equal to principal amount

(B) One-fourth of the principal amount

(D) One-third of the principal amount