Delhi Judicial Service (Pre.) Examination 2006

(Question 1-9) Fill in the blanks with appropriate words

1. The quality of ................. between individuals and the organisation of which they work can be to the benefit of both the parties

(A) Life, Development

(B) Interaction, Improved

(D) Work, Growled

2. Although leprosy the jury thought that defendant had been some what less than ........... in his testimony, ...............the summary of the growled attorney finally convinced them of her clients innocence

(A) Interesting, Lackluster

(B) Honest, confusing

(D) Candid, persuasive

3. Sujatha’s in athletics reaped rich ................ for she finally bagged a gold medal

(A) Defeat, resources

(B) Behaviour, result

(D) Performance, Money

4. Retirement can either be a ................. to age or an opportunity for new adventure

(A) Surrender (B) Defeat

5. His treatment of his servant is .............. mean

(A) Notoriously (B) Golden

6. Cellular phone service has in a new phase of communication

(A) Started (B) Ushered

7. The rule passenger to cross the railway line .................

(A) Forbid (B) Stagnates

8. Too much eating is ............... to health

(A) Detrimental (B) Bad

9. You have only addressed to symptoms, not ................ the cause of the problem

(A) Underlying (B) Superficial

10. Given an antonym for fetter

(A) Imprison (B) Scorn

11. Give an antonym for Nullify

(A) Effect (B) Seclude

Directions: (Questions 12-13): In each of the following sentences. Some part of the sentence is underlined. Below each sentence you will find four ways of representing the underlined part. Select the answer that produces the most effective sentence. The first choice is repetition of the underlined words. Choose if you think the sentence requires no change.

12. Careful reading of the constitutional provisions which prove that the Governor is a, figurehead beside he plays a vital role in the administration of affairs of the state

(A) Besides he plays a vital role

(B) Beside he plays

(D) Beside he plays a vital role

13. Research in the work place reveals that people work for many reasons besides salary & allowance and money

(A) Besides salary

(B) Salary

(D) Besides salary & allowance & money Directions

(Question 14 - 16): Find out the error in the following sentences.

14. During her rise to fame, she betrayed many of her friends and because of it, very few people trust her:

(A) During her rise to fame

(B) Because of it

(D) No error

15. Not, hardly, a sound, could be heard in auditorium when the speaker approached the dias to announce the result of the contest

(A) Not hardly

(B) When

(D) No error

16. The raise in the no. of accidents attributable to drink drivers has promoted a call for stiffer penalties for driving while intoxicated

(A) Rise

(B) Attributable

(D) No error

17. Give a synonym of ‘FORBID’

(A) Prohibit

(B) Denounce

(D) Allow

Directions: (Question 18-21): Read the following Passage to answer these questions.

Sir, as I have travelled round the union I have found everywhere, as I expected, a deep pre-occupation with what is happening in the rest of African continent. I understand and sympathise with your interest in these events & your anxiety about them. Ever since the breakup of Roman Empire one of the constant facts of political life in Europe has been emergence of independent notions. They have come into existence over the centuries in different forms, with diff kinds of government but all have been inspired by a deep, keen feeling of nationalism, which has grown as the nations have grown.

In the 20 th Century & especially since the end of war the pro-cesses have given birth to nation state of Europe have been repeated all over the world. We have seen the awakening of national consciousness in people who have for centuries lived in dependence upon some other power. 15 years ago this movement spread through Asia. Many countries there of different races & civilisations pressed their claim to an independent national life. Today the same thing is happening in Africa & the most striking of all the impressions I have formed since I left London a month ago is of the strength of his African national consciousness. In different places it takes different forms, but it is happening everywhere. The wind of change is blowing through this continent & whether we like it or not, this growth of national consciousness is a political part. We must accept it as a fact & our national policies must take account of it.

18. According to speaker, where did the national consciousness first emerge?

(A) Europe

(B) Asia

(D) Rome

19. The speaker believes

(A) Africa is already witnessing the emergency of National Consciousness

(B) Tha t the political system must get ready to oppress the emergency of National Conscious

(Q Africa can be isolated from world wide emergency of National Consciousness

(D) None of the above

20. The tone of this speech is

(A) Explanatory

(B) Conciliatory

(D) None of the above

21. A suitable title for the above passage would be

(A) Emergency of nationalism

(B) Shaping of policies

(D) None of the above

Directions: (Questions 22-25): Read the following passage to answer there questions.

Art, like words, is a form of communication words spoken and written, render accessible to humans of the latest generation all the knowledge discovered by the experience & reflection both of proceeding generation and of the best & foremost minds of their own times. Art renders accessible to people of this latest generations all the feeling experienced by their predecessors & those already felt by their best and foremost contemporaries. Just as the evolution of knowledge proceeds by dislodging & replacing that which is mistaken, so too the evolution of the feeling proceeds through feelingless kind and replaced by others kinds & more essential to that end. This is the purpose of art & more art fulfills that purpose the better the art, less it fulfills it, the worse the art.

22. The author develops the passage primarily by

(A) Example & generalization

(B) Comparison & Contrast

(D) Theory and regulation

23. According to author, knowledge is

(A) Cumulative & progressive

(B) Statue & Unmoving

(D) Evolutionary & Emotional

24. According to passage, art is characterised by which of the following?

(i) It can never be bad

(ii) It refines human sensibilities

(iii) It preserves for later generation experience of previous generation

(A) (ii)only (B) (iii) only

25. The style of the passage can be best described as

(A) Expository (B) Poetic

26. Nanawati Commission relates to

(A) Terrorists attack in Indian Parliament

(B) Stock market scam

(D) None of above

27. Which French Engineer designed the structure of statue of Liberty

(A) Louis

(B) Alexandre pope

(D) Margarette Thatcher

28. Match the following Raga with, which they are played

(i) Raga Deepak (A) Rainy Season

(ii) Raga Malkausa (B) Evening

(iii) Raga Bhariravi (C) Morning

(iv) RagaMegha (D) Mid Night

(A) i-d ii-c iii-b iv-a

(B) i-d, ii-b, iii-c, iv-a

(D) i-a ii-b, iii-c iv-d

29. Match the following

(i) Bhimsen Joshi (A) Hindustani Classical

(ii) Dagar Brothers (B) Dhrupad

(iii) Bismillah Khan (C) Shehnai

(iv) Lalgudi G — (D) Violin Jayaraman

(A) i - d, ii - c, iii - b, iv - a

(B) i-b,ii-c,iii-d,iv-a

(D) i-a,ii-b,iii-c,iv-d

30. The highest ever compensation award by S.C. relates to

(A) Bhagalpur Blinding

(B) Punjab Train accident

(D) Bihar Train Accident

31. Which of the following is concerned with promotion of dance & music

(A) Shitya Academy

(B) National School of Drama

(D) Lalit Kala Academy

32. Who among the following made a film on Gandhiji

(A) Shyam Senegal

(B) James Ivory

(D) Apama Sen

33. Which is symbol of world wide fund for nature?

(A) Penguin

(B) Giant Panda

(D) Great Indian Bustard

34. To whom among the following the Internationa! Bar Association named living legend of the law

(A) J.S. Verma

(B) A.S. Anand

(D) V.R. Krishna Iyer

35. Who among the following has said “Power tends to corrupt & absolute power corrupts absolutely”

(A) Jules Renard

(B) Lord Acton

(D) Abraham Lincoln

36. The term ‘Dribble’ is associated with which one of the following sports

(A) Cricket (B) Foot Ball

37. First law commission was set up in year

(A) 1948 (B) 1935

38. Who has been appointed the chairman of 17th law commission

(A) J.M. Jagannatha Rao

(B) J.R.C. Lahoti

(D) J.B.P. Jeevan Reddy

39. Who among the following is head of Minority Commission?

(A) B.C.Khanduri (B) S.S. Sodhi

40. The algebra of infinite justice is the book authored by

(A) Arun Shourie (B) Arundati Roy

41. Which English language newspaper was launched by Bipinchandra Pal & Aurbindo Ghosh in 1906 to advocate extremist Ideal?

(A) Statesman

(B) Vande matram

(D) None of the above

42. Who started the Bhoodan movement

(A) Jagjivan Ram

(B) Vinoba Bhave

(D) S.A.Danje

43. In which state are the Khajuraho Temple situated?

(A) U.P.

(B) M.P.

(D) Maharashtra

44. Who was the 1 st speaker of Lok Sabha?

(A) G.V. Mavalankar

(B) Madhu Limaya

(D) M. Ananthasayanam

45. Who was 1st Indian Prime Minister after Nehru to visit China

(A) Indira Gandhi

(B) Morariji Desai

(D) Rajiv Gandhi

46. Which committee is responsible for Tax Reforms?

(A) Narasimhan Committee

(B) Malhotra Committee

(D) Chelliah Committee

47. Who said “ The Muslim were fools to ask for safe guard and Hindus were greater fools to refuse them?

(A) Mohd. Ali. Jinnah

(B) Abdul Kalam Azad

(D) Mahatma Gandhi

48. Epicentre relates to

(A) Earthquake

(B) Flood

(D) Cyclone

49. What is capital of Tripura?

(A) Agartala

(B) Hanagar

(D) Silchar

50. Who is the Chairman of India’s First National Forest Commission?

(A) J.M.J. Rao (B) J. Shyam Sunder

51. Ombudsman refers to the person

(A) Who is chief of a gang

(B) Who is declined from the court process

(D) Who looks into complaints against authorities

52. T.I.P. are held at instance of

(A) Officer of the police station

(B) Investigating officer

(D) Both(B)&(C)

53. “Stock Witness” is a witness who appears in the cases

(A) Regular pedlar of perjury on request of investigating agency

(B) Obliges prosecution with tailored testimony

(D) All of the above

54. A is charged with substantive offence of cheating under section 4201.P.C. while B (who is tried with A) is charged with abetment of that offence. The magistrate

(A) Has to direct separate trial of two accused

(B) Has to commit the proceedings to ct of session

(D) All of the above

55. A Pvt. complaint alleging an offence under section 4201.P.C. is dismissed by magistrate for default of appearance of the complainant. The complainant files an application seeking restoration of the complaint & assigns sufficient cause for the absence & default. The magistrate

(A) Has no jurisdiction to consider this application

(B) Is required to refer the application to H.C. for its consideration

(D) Is fully empowered to allow the application and direct restoration of the complaint

56. A father files a complaint that his daughter aged 14 years has been kidnapped by M who is 17 years of age. M filed a complaint that he has married to daughter of A with her consent and she is carrying his child

(A) Daughter is lawfully wedded wife of M

(B) M would be held guilty of kidnapping &rape

(D) None of the above ,

57. Complaints of harassment of the wife by husband or in laws can be made only by

(A) Parents of the above

(B) Relatives of wife

(D) All of the above

58. A spouse is entitled to seek maintenance from the other spouse under

(A) Section 24 Hindu marriage Act

(B) Under Section 8 of HAMA1956

(D) AH of the above

59. Offence committed pursuant to a conspiracy under Section 120 B of I.P.C. Every offence committed pursuant to conspiracy is

(A) Non participant conspirators can be guilty of offence or offences committed by other conspirators

(B) Constructive liability falls on all conspirators in view of the conspiracy under Section 120B LP.C.

(C) Those who committed offences pursuant to conspiracy indulging in various event acts will be individually liable for those offences in addition to liability for Cr. conspiracy

(D) Only liable for the separate & distinct offence to which individual offender are liable for individual punishment.

60. Match the following:

(A) Conspiracy (i) Section 307

(B) Attempt to murder (ii) Section 383

(D) Extortion (iv) Section 299

A B C D

(A) (i) (ii) (iii) (iv)

(B) (iv) (iii) (ii) (i)

(D) (iii) (i) (iv) (ii)

61. In a non-cognizable case, the police has authority

(A) To investigate & even arrest the accused without warrant

(B) Neither to investigate without order of the magistrate nor can arrest the accused without warrant ,

(D) To investigate into offence without order given by magistrate but can't arrest the accused without warrant

62. In a bailable offence

(A) Conditions canrbe imposed while granting bail by court

(B) No conditions can be imposed while granting bail by police officer or by the court

(D) Conditions can be imposed while granting bail by police officer

63. Classification of summons case & warrant case

(A) Is useful to determine the investigation procedure to be adopted

(B) Is useful to decide the Question of issuance of process to the accused

(D) (B) & (C) are correct

64. In respect of investigation as provided under section 2(h) Cr.P.C. which of the following is correct

(A) Investiga tion can be conducted by any person so authorised by a magistrate

(B) Investigation can be conducted by a magistrate himself

(D) both(A)&(C)

65. A proclamation under section 82 Cr.P.C can be Issued against a person against whom warrant has been issued. Thus a proclamation can be issued against

(A) A Surety

(B) A witness

(D) All the above

66. Attachment of property of the persop absconding

(A) Can only be issued before publication of proclamation under section 82 Cr.P.C.

(B) Can be issued simultaneously with issue of proclamation under section 82 Cr.P.C.

(D) All of the above

67. An arrested person has a right to consult a legal practitioner of his choice. The consultation with lawyer

(A) May be in presence of P.O. but not with in his hearing

(B) May be in presence of P.O. & within his hearing

(D) Both(A)&(C)

68. Usually a copy of F.I.R. is filed with the magistrate having jurisdiction to take cognizance, by Police officer in compliance to

(A) Section 157 Cr.P.C.

(B) Section 158 Cr.P.C

(D) Section 156 Cr.P.C.

69. Under section 161 Cr.P.C the I.O. has power to examine orally any person acquainted with the facts & circumstances of the case. The expression any person acquainted with the facts & circumstances of the case

(A) Does not include accused

(B) Refers to prosecution witness only

(D) Both(A)&(B)

70. F.I.R. is not substantive evidence, it can be used during trial

(A) To contradict informant

(B) To corroborate informant

(D) Neither (A) nor (B)

71. Section 164 Cr.P.C. provides a special procedure for recording of

(A) Statements made during the course of investigation

(B) Confessions as well as statements made during the course of investigation

(D) Either (A) or (C)

72. A confessional statement recorded in all with special procedure under section 164 Cr.P.C.

(A) Can't be used as a substantive evidence at all

(B) Can't be used as a substantive evidence without being formally proved

(Q Can be used as a substantive evidence without being formally proved

(D) Either (A) or (B) -

73. Under Section 167 Cr.P.C. for detention for a total period of 90 days during investigation, the expression for a term of imprisonment not less than 10 years means

(A) Upto 10 years

(B) Less than 10 years

(D) Both (A) & (B)

74. In a case triable by a magistrate as a summons case the investigation can’t be continued u/s 167 (5) of Cr.P.C.

(A) Beyond a period of 6 month from date of commission of offence

(B) Beyond a period of 6 month max. term of imprisonment pre-scribed for the offence from date of arrest of the accused

(D) Beyond a period of 6 month from date of arrest of accused

75. After completion of investigation, the police is to submit a final report to magistrate. The magistrate

(A) Is not bound by conclusion drawn by police & may order further investigation

(B) May issue a process against the accused person(s)

(C) Is bound by conclusions drawn by police & accept the same if police recommended that there is sufficient ground for proceeding further

(D) Both(A)&(B)

76. Maintenance under Section 125 Cr.P.C can be claimed

(A) By a divorced wife who has not re-married

(B) By legally wedded wife during subsistence of marriage

(D) Only (A) or (B)

77. On a complaint for offence(s) triable by court of session after recording of statement of the complainant & his witnesses on oath

(A) The police can be directed to investigation under Section 202 Cr.P.C.

(B) The police cannot be directed to investigation at all & magistrate has to conduct an enquiry

(D) Both(A)&(C)

78. Jurisdiction to grant bail under Section 438 Cr.P.C. vests with

(A) Court of session

(B) The High Court

(D) Court of Magistrate

79. Joinder of charge is permissible

(A) Under section 220 Cr.P.C.

(B) Under section 221 Cr.P.C.

(D) All of the above

80. In Criminal trial, admission and denial of document can be done by the prosecution or the accused

(A) under Section 293 Cr.P.C.

(B) Under Section295 Cr.P.C.

(D) Under Section 294 Cr.P.C. i

81. Under section 311 of Cr.P.C. a witness can be called

(A) On motion of defence

(B) On its own motion by court

(D) All the above

82. Under Section 468 Cr.P.C. the period of limitation for an offence punishable with a term not exceeding one year is

(A) One year

(B) Two years

(D) Six months

83. X & Y conspire to poison Z. X in pursuance of the conspiracy procures the poison & delivers it to Y it order that he may administer it to Z. Y in pursuance of the conspiracy, administers the poison in presence of X & there by cause death. What offence X & Y have committed

(A) Both X & Y have committed the offence of Criminal Conspiracy

(B) Since X has procured the poison, X has committed offence of murder & Y was an abettor

(D) Y has committed the offence of murder

84. The difference between Section 34 & Section 1491.P.C. is

(A) Section 149 is rule of evidence whereas Section 34 creates a specific offence

(B) Section 34 requires active participation in action whereas Section 149 requires mere passive membership of rmlawful Assembly

(D) That whereas in Section 34 there must at least be 5 persons Section 149 require only two persons

85. A public officer is authorized by a warrant from a court of justice to apprehend Z. B, knowing that fact & also that C is not Z willfully represent to A that C is Z & thereby intentionally causes A to apprehend C. Here

(A) A abets by instigation the apprehension of C

(B) A is guilty to cause apprehension of C

(D) None of these

86. Some people collected outside the police station to protest over police inaction in connection with murder of child. They were charged as committing Criminal tresspass

(A) They cannot be held liable as to protest inF.R.

(B) They cannot be held liable for such persons do not form U.A.

(D) None of these

87. Five persons went to the house of K armed with clubs to beat K. Among those one A was carrying a pistol concealing it underneath his clothes. During beating A fired a shot resulting death of K. In such case

(A) All of them will be liable for beating K

(B) All of them will be liable for causing death as they all were the member of U.A.

(D) None of these

88. A instigates B a child below 7 years of age to set fire to a dwelling house

(A) A is not guilty as there is no Question of abetment of child

(B) A is guilty of abetting B to set fire

(D) None of these

89. Under Section 498A I.P.C. cruelty includes

(A) Physical cruelty only

(B) Mental cruelty only

(D) Harassment of woman

90. If an offender has been sentenced to imprisonment not exceeding six months, the solitary confinement

(A) Shall not exceed one months

(B) Shall not exceed 2 months

(D) Shall not exceed 15 days

91. A hangman who hangs the prisoners pursuant to the order of court is exempted from Cr. liability by virtue of

(A) Section 781.P.C.

(B) Section 79 I.P.C.

(D) Section 77 I.P.C.

92. For a defence of intoxication, to escape Cr. liability the intoxication

(A) Administered against his will or knowledge

(B) Shall not be self administered

(D) All of the above

93. An employer deducting the employee’s contribution under EPF & Miscellaneous Provision Act from wages payable for credit to fund, but does not deposit the same with the fund, is guilty of committing

(A) CBT u/s405IPC

(B) Theft u/s 378IPC

(D) No offence

94. In which of the following case (s), the offence of abetment is committed

(A) X & Y attend reception of bride who was only of 13 years

(B) M officiates as priest or pandit in marriage of a girl aged 15 years & boy aged 12 years

(C) X widow prepares herself for sati & proceeds towards the pyre of her husband. X, Y & Z follow her by shouting repeated "Ram, Ram".

(D) Only in (B) & (C)

95. Five persons conspire to loot a bank. Two of them, M & N stay on in car, with engine running on, at entrance of the bank. Three of them X,Y & Z enter the bank. X shoots the cashier & Y & Z loot the cash. Police suddenly reaches the bank & apprehend Y & Z but X escapes on seeing the police enter the bank. M & N also run away in the car. Later on, all the five are arrested & charged with the offence of dacoity, looting 8i murder. M & N plead that they are not guilty of any of offences certainly not murder & looting as they did not participate in any of these offences. Should their plea prevail?

(A) M & N are at best liable for abetting robbery but not of committing it

(B) Since looting of the bank was committed in furtherance of Common Intention of all 5, M & N are equally liable for looting & murder along with X, Y & Z. Thus their defence will not prevail

(D) M & N are not liable for committing robbery & murder

96. A boy over 11 years but below 12 years of age picked up knife and proceeded towards the victim with threatening gesture saying that he could cut him into pieces and actually stab him to death

(A) The boy will be guilty because he had attained maturity of understanding to judge the nature & consequence of his conduct of mind & the act concurred in this case

(B) The boy will not be guilty of murder

(C) The boy will not be guilty of murder as he had not attained sufficient maturity of understanding to judge the nature and consequence of his conduct.

(D) The boy will not be guilty as child of age of 12 years can't be guilty of an'offence

97. A finds a letter on the road containing a Bank note. From the direction and contents of the letter he learns to whom It belongs. He keeps the letter with himself. He is guilty of

(A) Criminal misappropriation

(B) Dishonest misappropriation

(D) None of these

98. Indian Evidence Act applies to

(A) Proceeding before an arbitrator

(B) Judicial proceedings in court

(D) All of the above

99. Fact in issue means

(A) Facts, existence or not existence of which is disputed by parties

(B) Facts, existence or non - existence of which is not disputed by parties

(D) All of the above

100. Presumption under the law of evidence are

(A) Presumptions of law

(B) Presumption of facts

(D) Only (b) & not (a)

101. Question of mode of proof is

(A) A Question of procedure but has to be raised at the 1st opportunity and stands waived if not raised at first opportunity

(B) A Question of procedure & can be raised at any time

(D) A Question of law which can be raised at any time

102. The fact which form part of same transaction are relevant under

(A) Section 6 IE A

(B) Section 7IEA

(D) Section 5 IEA

103. Identification of a suspect by photo Is

(A) Not admissible in evidence

(B) Section 9 IEA excludes identification by photo

(D) Admissible in evidence

104. Previous conviction of a person Is relevant under

(A) Explanation ii of Section 14 IEA

(B) Explanation iii of Section 14 IEA

(D) Explanation i of Section 14 IEA

105. Admission to be relevant

(A) Must be made to party and to a stranger

(B) It is immaterial as to whom admission is made & an admission made to a stranger is relevant

(D) Must be made to party concerned & not to a stranger

106. A confession made to a Police Officer is inadmissible under

(A) Section 25 IEA

(B) Sectioned IEA

(D) Section 24 IEA

107. Under Section 27 of Evidence Act

(A) Only that portion which distinctly relates to discovery is admissible

(B) Whole statement is admissible

(D) Only (B) & not (A)

108. A Dying Declaration

(A) Can form the sole basis of conviction only on corroboration by independent witness

(B) Cannot form the sole basis of conviction unless corroboration by independent witness

(D) Only (A) & (B) are correct

109. Under Section 45 of IEA the opinion of expert can be for

(A) Identity of finger impression

(B) Identity of hand writing

(D) Neither (a) nor (b)

110. Entries in the books of ale regularly kept in course of business are admissible under Section 34 of I.E. A.

(A) If they by themselves do not create a liability

(B) Irrespectively of whether they themselves create liability

(D) Either (A) or (C)

111. Oral account of the content of a document is admissible

(A) when given by a person who has seen but not read document

(B) When given by a person to whom document was read over

(D) When given by any of the above

112. A will is required to be proved by calling at least one attesting witness

(A) When it is unregistered

(B) When it is admitted

(D) All of the above

113. Electronic record in proper custody gives rise to a presumption as to digital signature, to be affixed by that particular person under Section 90A IEA if the electronic record produced is

(A) 15 years old

(B) 10 years old

(D) 20 years old

114. Section 91 Indian Evidence Act

(A) Prohibits admission of oral evidence to prove the content of a document where the writing is a fact in issue

(B) Prohibits admission of oral evidence if writing is not a fact in issue & is merely a collateral memorandum

(D) Both(A)&(B)

115. An accomplice is

(A) A competent witness against an accused

(B) Cannot be a competent witness against an accused

(D) Either (B) or (C)

116. Presumption as to abetment of suicide by a married woman has been provided

(A) Under Section 113A IEA

(B) Under Section 113B IEA

(D) JJnder Section 111A IEA

117. The expression ‘ We the peoiple of India’ has been borrowed from the constitution of

(A) Ireland & USA (B) USSR

118. In preamble of Constitution of India, Justice is

(A) Social, Political & Economic

(B) Social & economic

(Q Social & Political

(D) None of the above

119. The power to amend the Constitution of India is to be found in

(A) Article 368

(B) Article 226

(D) Article 376

120. Under Article 226 of Constitution of India, a Writ Petition can be filed before

(A) High Court

(B) Supreme Court

(D) District Judge

121. Legal propriety, judicial discipline & constitutional provisions mandate that it is impermissible for H.C. to overrule the decision of the apex Act & the law declared by the S.C. is binding on all Act within territory of India by virtue of

(A) Article 141 of Constitution

(B) Article 226 of Constitution

(D) Article 131 of Constitution

122. A decision given in ignorance of terms of statute or of a rule having the force of the statute is

(A) Decision which is void

(B) Binding as judicial precedent

(Q A decision per incuriam

(D) None of above

123. Statements in a judgment are commonly referred to as obiter dicta. They are

(A) Statement made with consent of parties

(B) Statement made in admission of parties

(D) Statement given in ignorance of statutory provisions

124. Which of the following orders of H.C. are not judicial precedent

(A) Decision passed sub silentio

(B) An order made with consent of parties

(D) A decision per incurium

125. It is duty of every citizen of India to abide by const & respective ideals & institutions the national flag & the national anthem, by virtue of

(A) Article 51 of Constitution of India

(B) Article 32 of Constitution of India

(D) Article 21 of Constitution of India

126. It is D.P.S.P. to promote international peace & to maintain just an honourable relations b/ w nations & to foster respect for international law, treaties & obligations. For this purpose.

(A) Will override national legislation where it is subject to the int. treaties & law

(B) They have to be incorporated into legal system by appropriate law

(D) International treaties automatically are part of law

127. The legislature of a state has the exclusive power to make laws for a state or any part thereof with respect to any of the matter enumerated in

(A) List ii in 7th schedule of Constitution

(B) List of hi 7th schedule of Constitution

(D) None of the above

128. Under Article 356 upon receipt of a report from Governor of a state to President of India that the governance of State can’t be carried on in accordance with the Constitutional provisions the president has option but to

(A) Dismiss the state Government & dissolve the legislative assembly

(B) Can refuse and impose the president's rule in the state

(D) Dismiss the state Govt, but keep the legislative assembly in a state of suspended animation

129. The maxim ‘Audi Alteram Partem’ means that

(A) there is no wrong without a remedy

(B) No one should be condemned unheard

(D) No one should be a judge in their own cause

130. ‘Nemo debet esse judix in propriea sua cause’ is fundamental rule in the adm of justice which requires that

(A) Judges directions will bind the jury

(B) An action done bona fide will be a protection against legal action of a Presiding Officer.

(D) A distinction has to be drawn between the act of law & an act of party

131. The rule against double jeopardy ensures that

(A) A hearing to a person before his right are effected

(B) Achievement of natural justice

(D) Rule of reasonable care by a person or safety of himself & others

132. The court’s jurisdiction over a suit is restricted by

(A) Territorial jurisdiction

(B) Restrictions relating to subject matter

(D) All of the above

133. A foreign judgment is conclusive of matter directly adjudicated upon b/w same parties, unless

(A) It is found on an incorrect view of International law or a refusal to recognise India is law

(B) Proceedings on which the judgment is , based were opposed to natural justice or it has been obtained by fraud

(D) All of the above

134. Suit for recovery of possession by parties, foreclosure sale or redemption of mortgage; determination of a fight or interest in immovable property & for compensation for wrong to immovable property shall be instituted in court

(A) Where immovable property is located

(B) Where plaintiff resides

(D) Where the defendant resides

135. A suit for compensation for wrong to person or movable property may be instituted in Court at

(A) Where the cause of action arise.

(B) At the option of the plaintiff, in either (a) or (c)

(D) All of the above

136. The Court is empowered to formulate terms of settlement and give them to the parties for observation after which the terms of the possible settlement are required to be reformulated & can be referred to arbitration, conciliation, judicial settlement, mediation under

(A) Section 8 of Arbitration & Conciliation Act, 1996

(B) Order 20 C.P.C.

(D) Section 20 of Indian Arbitration Act, 1940 .

137. The court is empowered to make interlocutory orders as may appear to be just 8t convenient in order to prevent the ends of justice under

(A) Order 40 C.P.C.

(B) Section 151 C.P.C.

(D) Order 39 C.P.C.

138. Civil court is empowered to order a party to appear in person under provision of

(A) Order 10, Rule 4 CPC

(B) Order 14, Rule 14 CPC

(D) Order 39 C.P.C.

139. If it appears to the court at the haring of the suit that the parties are not in issue on any law and fact, the court may at once

(A) Call upon the plaintiff to commence its evidence

(B) Pronounce judgment forthwith

(D) Frame issues in the suit

140. Govt, of N.C.T. of Delhi advanced a sum of Rs. 30 lakhs to Mr. Sharma for supply of bricks. Mr. Sharma failed to supply the bricks. The suit against him can be filed at

(A) Distt. judge Delhi

(B) Sr. Sub judge Delhi

(D) Supreme Court of India

141. A suit can be filed against a foreign ru|er, ambassador and envoy

(A) Consent from Govt, of country to which a defendant belongs

(B) Consent of central Govt, certified in writing by a secretary

(D) None of the above -

142. The following persons shall be entitled to exemption from personal appearance under C.P.C.

(A) Judges of S.C. & H.C., Governor & administrator of U.T.

(B) Speaker of state legislative assemblies, chairman of states legislative councils, ministers of state

(D) All of the above

143. A is entitled to more than one relief in respect of a contract entered into with B. He sues for recovery of the part of amount due in a suit against B. A subsequently

(A) Is prohibited from suing for relief which he omitted to claim

(B) Seek arbitration for the balance relief which omitted

(D) None of the above

144. The plaintiff can unite in one suit, several causes of action against the same defendant jointly or same defendant jointly may unite such causes of action in the same suit by virtue of

(A) Order 2 Rule 3 CPC

(B) Order 1 Rule 3 CPC

(D) None of the above

145. In Indira Sawhney v. U.O.1.1992 it was held by S.C. that

(A) There can be no reservation in the matter of appointments to any post or at any stage

(B) Reservation in appointment is opposed to public policy, interest of justice & efficiency of administration and therefore impermissible

(C) Reservation of appointment of post under Article 16(4) bind to initial appointment only & can't extend to provide reservation in matter of promotion

(D) Reservation of appointment or post under Article 16(4) is not confirmed to any stage of service & extends to initial appointment as well as promotions

146. Following is not a necessary or proper party in a suit for specific performance of a contract of sale

(A) If they are dead, their L.R.

(B) A person who has purchased the contracted property from the vendor

(D) Parties to the contract

147. The Constitution of India established parliamentary form of govt. & the essence of this form of govt, is its responsibility to the

(A) President

(B) Prime Minister

(D) People of India

148. The president of India is not bound by the aid & advice of C.O.M. in matter of appointment of

(A) State Governors

(B) Union Ministers

(D) Judges of H.C.& S.C.

149. The right to ‘Equality before Law’ contained in Article 14 of the Constitution of India is available to

(A) Legal person only

(B) Citizen of India

(D) All person whether natural or legal

150. When proclamation of emergency is issued by the President of India under Article 352 of constitution of India

(A) Freedom under Article 19 are automatically suspended & other F.R. can be suspended by an order of the president

(B) The freedom under Article 19 are automatically suspended & the F.R. except those under Article 20 & 21 can not be suspended by an order of the president

(D) Fundamental Right are automatically suspended

151. The Supreme Court of India while exercising power under Article 136 of Constitution can

(A) Interfere only when certificate of fitness is issued by concerned H.C.

(B) Has no power to interfere in the concurrent finding of H.C.

(D) Frequently interferes in the concurrent finding of the High court

152. When the Chief Justice of India is appointed by tine President, he is required to consult.

(A) P.M. Law minister & Attorney General of India

(B) Such ministers of the Cabinet &P.M. as deems necessary

(D) C.O.M. & all judges of S.C.

153. Match list I with with list II:

(I) Habeas Corpus (A)Violation of natural justice

(II) Mandamus (B) Unlawful arrest & detention

(III) Quo Warranto (C) Exercise of power without jurisdiction

(IV) Certiorari (D) Non-performance of public duty

(A) I-A II-C III-D IV-B

(B) I -B II-A III-C IV-A

(O I-A, II-C ,III-D IV-B

(D) I-B, II-D, III-A, IV-C

154.

(I) Pith & substance

(II) Basic Structure

(III) Doctrine of Eclipse

(IV) Rule of Severability

(A) Kesavanand Bharati v. Kerala

(B) Bhikaji Narain v. M.P.

(D) State of Bombay v. F.N. Balsara

(A) I-A, II-C, III-D, IV-D

(B) I-A, II-C, III-D, IV-B

(D) I-C, II-A, III-D, IV-B

154. Jurisprudence has been defined as the formal science of the law

(A) Austin

(B) Stone

(D) Salmond

155. Which one of the following statement is correct i n respect of statement of reservation in admissions to educational institutions?

(A) Poverty can be the sole criterion

(B) Caste can be sole criterion

(D) Residence in rural area & lack of education can be exclusive criteria

156. Under Article 226, every H.C. has power through out territorial limits in relation to which it exercises jurisdiction to issue to any person or authority in appropriate cases, any Govt, within those territories, directions, orders or writs, Including writs In the nature of Habeas corpus, mandamus, prohibition, quo warranto & certiorari any of them for

(A) The enforcement of F.R.

(B) The enforcement of any F.R. & for any other purpose

(D) Any purpose

157. A decree becomes final

(A) Where no appeal has been preferred against decree

(B) When it conclusively determines the right of parties

(D) Neither (A) nor (B)

158. ‘Mesne Profits’ as defined under Section 2(12), C.P.C. means

(A) Those profits which the person in wrongful possession of property actually received including profits due to improvements by such person

(B) Those profits which the person in wrongful possession of such property actually received or might have received but without any interest on such profit

(D) Those profits which the person in wrongful possession of such property actually received or might have received together with interest

159. Doctrine of res-judicata as contained in sec 11 C.P.C. is based on maxim

(A) Interest republicae at sit finis litium

(B) Nemo debet bis vexari pro una eadem causa

(D) Either (A) or (B)

160. Municipal bye laws relied upon by a party in act proceeding are required to be proved

(A) By production of draftsman

(B) In the statement of party relying upon the same .

(D) By calling the secretary of the Govt.

161. Under Section 16 C.P.C. a suit relating to immovable property can be filed in act within whose local jurisdiction

(A) Defendant voluntarily resides or personally works for gain

(B) Defendant voluntarily resides or carries on business

(D) either (A) or (B) or (C)

162. Parties by their consent/Agreement

(A) Can oust the jurisdiction of the court where there is none in law

(B) Can oust the jurisdiction of one of courts when there are two courts simultaneously having jurisdiction in law

(D) All the above

163. In case of failure of filing the written statement within 30 days the defendant can be allowed to file the same on such other day specified by court for reason recorded in writing

(A) 120 days

(B) 60 days

(D) Within 90 days

164. Order 2 Rule 2 C.P.C. does not apply to

(A) Writ petition

(B) Application for execution

(D) Neither (A) nor (B)

165. An exparte decree can be set aside on ground of

(A) Being prevented by any sufficient cause from appearance

(B) Non appearance due to non availability of document with the plaint

(D) Both (A) or (C)

166. Issues of law can be tried as preliminary issues if it relates to

(A) A bar to suit created by any law

(B) The jurisdiction of Court.

(D) Neither (A) nor (B)

167. An executive court

(A) Can vary the term of decree

(B) Can modify and vary the term of decree

(D) Can modify the terms of decree

168. If a sole defendant in a suit dies & no application for bringing on record the legal representative of deceased defendant has been moved,

(A) The proceedings shall be terminated on the expiry of 90 days from the date of death of defendant

(B) The proceedings shall not terminate

(D) The proceedings shall be terminated immediately

169. Defendant has to seek leave to defend the suit under Order 37 Rule 3 C.P.C.

(A) within 30 days of service of summons for judgment

(B) Within 10 days of service of summons for judgment

(D) Within 60 days of service of summons for judgment

170. Upon the determination of the period limited to a person under the Limitation Act 1963 for instituting a suit for possession of a property.

(A) His right to such property is extinguished

(B) He can claim such property in arbitration

(D) His legal remedy to recover the property is extinguished

171. In computing the period of limitation for appeal, the time requisite for obtaining copy of the decree or order appealed shall be excluded under

(A)’Section 12 (2)

(B) Section 13 (3)

(D) Section 12(1)

172. Section 15 excludes from computation of the period of limitation

(A) Time taken in granting previous consent

(B) Time taken in grant of sanction

(D) All of the above

173. Acknowledgement made after the period of limitation but before the opening of the court during the period when the courts are closed on the last date of expiry of limitation

(A) Extends the period of Limitation

(B) Give rise to an independent reinforceable contract

(D) Both(B)&(C)

174. Under Section 19 for extension of period of limitation the part payment must be

(A) In the writing signed by person

(B) In the hand writing of the person

(D) Both (A) or (B)

175. An arbitration agreement means an agreement by the parties to submit to arbitration disputes b/w them which may be

(A) A separate agreement in writing

(B) A document signed by the parties in exchange of letters

(D) All the above

176. An objection is taken with regard to existence of the arbitration agreement & the jurisdiction of the arbitral tribunal before the arbitrator. The arbitral tribunal

(A) Has the jurisdiction to decide the objection with regard to existence of arbitration agreement & the jurisdiction

(B) Return the reference to parties or the court which has ap-pointed it

(D) All of the above

177. Under Section 16 (c) of S.R.A. the plaintiff is required to establish readiness and willingness to perform their part of the contract, which conclusion will be arrived at from

(A) Bare statement made in examination in chief

(B) From entirety of pleading as well as of evidence

(D) All the above

178. Hearsay evidence is prohibited by virtue of Section 60 Indian Evidence Act. However the exception is to be found in

(A) Section 32 Indian Evidence Act

(B) Section 10 of Indian Evidence Act

(D) Section 6 of IEA

179. Precautionary environment measures should be taken by the state Govt. & Statutory authorities wherever there are serious threats to ecology. An industry even though it generates foreign exchange provides wide employment avenues, has no right to destroy ecology, degrade environment or pose as a health hazard. If it does so, the industry has an absolute liability for harm to the environment which extends to compensation ' to the victims of its actions & also the cost of restoring environmental degrading. Its liability is based on the principle of

(A) Polluter pays principle

(B) Public trust doctrine

(D) Precautionary principle

180. S.C. has held that Taj Mahal apart from being a cultural heritage was also an industry by self, so pollution must be stopped while development of the industry must be encouraged. Use of Coke/Coal by industries situated within Taj Trapezium Zone (TTZ) is emitting pollution & causing damage to the Taj as well as the people living in area. Therefore it was directed that the Industry coperating in T.T.Z. must use natural gas as a substitute for coke/ coal. If this was not acceptable/available, they must stop functioning with aid of coke/coal & relocate.

This decision was rendered in

(A) M.C. Mehta v. Kamal Nath

(B) Indian Council for Environment Legal Action v. U.O.I

(D) M.C. Mehta (T.T. Matter) v. U.O.I e.

182. As per the law laid down by S.C. disturbance of the basic environment elements namely air, water & soil which are necessary for life would be hazardous to life within meaning of Article 21 of constitution besides enforcing the provisions of various statutory provisions, the apex act has also given effect to F.R. u/a 14 & 21 & has held that if these rights are violated by disturbing the environment it can award damages not only for restoration of biological balance but also for victim who have suffered due to that disturbance. This has been so directed by S.C. In

(A) Vellore citizen welfare forum v U.O.I

(B) M.C. Mehta v. Kamal Nath

(D) None of these

183. The courts have evolved the rule of precedents & principle of stare decisis in order to achieve

(A) Consistency in administration of justice

(B) Avoid irrationality

(D) None of the above

84. In cases of acceptance on phone, the contract is made

(A) At the place from where the acceptance is communicated

(B) At the place where the offer was made

(D) All of the above

185. A minor agreement

(A) Can be ratified by minor during minority

(B) Can be ratified on attaining majority

(D) Both (A) & (B)

186. A partnership firm consist of 3 partners A, B, & C & owes R sum of Rs 15000/- A want to return & it is agreed amongst all the three partners & R that after retirement of A, B, & Cas continuing partners shall be liable for the dues of R. After the retirement of A, R sues A for recovery of Rs 15000/-

(A) R has a right to sue A to extent of Rs 5000 being the portion attributable to A

(B) R has no right to sue A as after the retirement of A a new agreement came into being between R & firm & A stood discharged of his liability towards R

(D) R has an option to sue the firm consisting of B & C or retired partner A

187. X & Y agreed to marry each other on a certain date & before that X goes mad. Y cancelled the contract & sued for damages

(A) Can on account of x's going mad, the contract is frustrated & void and Y has no right to sue for damage

(B) The contract itself is void

(D) No cause of action arises till date of marriage

188. X agreed to supply 1000 tons of iron Rs 100 per ton to Y to be delivered not later than 31/1/05. Χ also entered into a contract with A for purchase of 1000 tons of iron at Rs 80 per ton telling A clearly that iron is needed before 31/1/00 for supply to Y to fulfil the contract with Y. A fails to supply iron to X who in turn failed to supply the same to Y. In an action by X against A

(A) X can recover damage for loss or profit he would have earned by timely supply to Y & also damages which X might have paid to Y an a/c of breach of contract

(B) X can recover damage which X might have paid to Y on account of breach of contract

(D) X can recover for loss of profit at rate of Rs. 20 per ton of iron i.e. loss of profit

189. Bailment means

(A) The goods delivered to be returned by way of an equivalent in money

(B) The goods delivered to be returned by way of an equivalent in other commodities

(C) The goods delivered by one person to another for some purpose to be specifically returned or otherwise disposed of as per the order of bailor

(D) All of the above

190. A partnership for which no period of duration is fixed under the Indian Partnership act, 1932 is known as

(A) Partnership at will

(B) Particular partnership

(D) General Partnership

191. The member of an illegal partnership

(A) Have no remedy against each other for partnership dealing & transaction

(B) Have a remedy against each other for partnership dealings & transaction only with permission of court

(D) Either (B) or (C)

192. Where a partner is authorised to recover dues of the partnership & spend the same for the business of the partnership & if he does not deposit the money so collected in the bank, the partner is

(A) Accountable civilly to other partner

(B) Guilty of CBT

(D) Either (A) or (B)

193. The scope of implied authority of a partner under section 19 of Indian Partnership Act is linked with

(A) The usual manner of carrying on the business

(B) Kind or nature of the business

(D) Only (A) & not (B)

194. When an outsider dealing with a partner does not know or does not believe that he is contracting with a partner but an individual only

(A) The firm incurs no liability even if the benefits of the contract have gone to the firm

(B) The firm incurs liability even if benefits of the contract have not gone to firm

(D) Either (B) or (C)

195. In which of following case, the specific performance of the contract will not be ordered

(A) Where the acts would require continued supervision by the court

(B) Where the contract provides for personal affirmative acts or personal service

(D) All of the above

196. The power of appointment of arbitrator in exercise of power under section 11(6) of 1996 act by C.J. or his designate

(A) An administrative order

(B) An interim order

(D) None of the above

197. Section 12 (3) provides the grounds for challenging the arbitrator when

(A) He is a foreign national

(B) He is not qualified as per agreement b/w parties

(D) Both (B) & (C)

198. An arbitral award may be set aside by court if

(A) The subject matter of dispute is not capable of settlement by arbitration under law for time being in force

(B) The arbitral award is in conflict with public policy of India

(D) Both (A) & (B) are correct

199. The delay in making an application for setting aside the arbitral award under section 34 of the Arbitration Act

(A) Can be condoned for a max period of 30 days

(B) Can be condoned for a max period of 60 days

(D) Can't be condoned

200. Which of the following Is Incorrect statement

(A) Like arbitration prior agreement in writing is required in conciliation

(B) Like arbitration, third person is chosen by the parties to re-solve the disputes

(D) None of the above

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