Jharkhand Civil Judge Exam., 2008

1. Recently, which indian cricketer set a record by scoring the highest runs in Test Cricket?

(A) Saurav Ganguly

(B) Sachin Teridulkar

(D) Yuvraj Singh

2. In the last Olympics at Beijing, who won the first ever individual Gold Medal for India?

(A) Hijender Singh

(B) Abhinav Bindra

Di Rajyavardhan Singh Rathore

3. Till date, who is the only Indian to have been awarded the Nobel Prize for Literature?

(A) Ramdhari Singh Dinkar'

(B) Bankim Chandra Chatterjee

(D) R. K. Narayan

4. Which State of India has bagged two National Awards associated with tourism in 20087

(A) Rajasthan

(B) Kerala

(D) Gujarat

5. What is the full name of the President of india?

(A) Pratibha Patil

(B) Pratibha Devi Singh Patil

(D) Pratibha Singh Patil

6. Who propounded the theory that "the earth moves round the sun"?

(A) Galileo

(B) Einstein

(D) Graham Bell

7. Gerontology is a branch of study related to diseases associated with

(A) children

(B) young adults

(D) women

B. What is the title of the former US President Mr. Bill Clinton's auto-biography?

(A) My Days

(B) My Life

(D) My Years

9. On which date of the year is "World Environment Day' celebrated?

(A) January 5

(1) March 5

(D) November 5

10. Who was the first Indian Prime Minister to address the UN General Assembly in Hindi?

(A) Jawaharlal Nehru

(B) Morarji Desai

(D) Atal Behari Vajpayee

11. From amongst the choices given, which one of the clauses correctly completes the following sentence?

I shall have left this place by the time.

(A) she will come

(B) she would come

(D) she will have come

12. Such words as are similar in sound but different in meaning are called

(A) synonyms

(B) antonyms

(D) homophones

13. Select the appropriate 'article' to be filled in the blank in the given sentence

He is.. SP

(A) An

(B) a

(D) None of these

14. Identify the 'figure of speech' that best defines the following sentence:

The camel is the ship of the desert.

(A) Simile

(B) Metaphor

(D) Sarcasm

15. Identify the part of speech in which the word 'round' has been used in the following sentence:

The earth moves round the sun.

(A) Noun

(B) Preposition

(D) Adverb

16. Identify the type of the sentence given below: John proposed that we should sing together.

(A) Assertive

(B) Optative

(D) Imperative

17. Which underlined part of the given sentence contains an error?

(A) If I was you

(B) I would not

(D) that foolish proposal.

18. Fill in the blank with appropriate 'preposition:

I cannot come back a month.

(A) before

(B) in

(D) between

19. Give one word for the following group of words

A person aged between 60 and 70

(A) Sexagenarian

(B). Quinquagenarian

(D) Nonagenarian

20. Which one, from amongst the choices given, would mean the same as the following sentance?

I feel an aching vold.

(A) I feel lonely

(B) I feel pain

(D) I feel irritation

LAW

21. A plaint is liable to be returned, when

(A) plaint is on an insufficiently stamped paper

(B) plaint is not filed in duplicate

(D) plaint is filed in a court having no jurisdiction

22. The expression, "Each party shall bear his own costs implies that

(A) both the parties are entitled to cost from each other

(B) both the parties are not to be deprived of casts

(D) both the parties are not entitled to cost from each other

23. Which of the following questions is not to be determined by an executing court?

(A) Discharge of decree

(B) Execution of decree

(D) Satisfaction of decree

24. In which of the following cases the Supreme Court has upheld the validity of Section 51 of Code of Civil Procedure?

(A) Xavier v. Bank of Canara

(B) The Visaka case

(D) Jolly George Verghese v. Bank of Cochin

25. In which of the following cases the Supreme Court has upheld the constitutionality of the Code of Civil Procedure (Amendment) Acts of 1999 and 20027

(A) Salem Advocate Bar Association, Tamil Nadu v. Union of India

(B) Delhi High Court Bar Association vi Union of India

(D) Punjab and Haryana High Court Bar Association v. Union of India

26. Which one of the following is a true statement in relation to Section 80 of Civil Procedure Code?

(A) A suit without service of notice can be instituted generally, with the leave of the court

(B) A suit without service of notice can be instituted in cases of urgent or Immediate relief, with the leave of the court

(C) In cases of urgent or immediate relief where leave to institute the suit without service of notice has been granted, interim or otherwise ex parte relief can be granted

(D) No suit under Section 80 can be instituted without the compliance of the requirement of notice

30. In execution of a decree for the maintenance, salary of a person can be attached to the extent of

(A) one-fourth

(B) one-third

(D) one-half

31. Order XVIII, Rule 4(1) of C.P.C., the examination in chief of a witness shall be recorded

(A) by the Judge

(B) by the Commissioner appointed by the court

(D) All of the above

32. When a party is called upon by notice to admit facts by the other party, under Order XII, Rule 4 of C.P.C., the party on whom the notice has been served has to admit the facts within

(A) 15 days of the service of notice

(B) 9 days of the service of notice

(D) 6 days of the service of notice

33. The commission to make local investigation can be issued for the purposes of

1. collecting evidence on a fact

2. elucidating any matter in dispute

3. ascertaining the amount of mesne profit

4. ascertaining the market value of the property

Code

Which of the above are correct?

(A) 1,2 and 3

(B) 2, 3 and 4

(D) 1 and 2

34. Where a decree is passed against the Union of india or a State for the act done in the official capacity of the officer concerned, under Section 82 C.P.C., execution shall not be Issued on any such decree unless the decree remains unsatisfied for a period of

(A) 3 months from the date of the decree

(B) 6 months from the date of the decree

(D) 2 years from the date of the decree

35. Assertion (A): The rule of constructive res judicata is applicable to writ petitions

Reason (R): Public policy considerationa underlying tes judicata also hold true in relation to writ proceedings. Code:

(A) Both A and Rare true and Ris the correct explanation of A

(B) Both A and R are true but it is not the correct explanation of A

(A is true but R is false

(D) A is false but R is true

36. A residing in Delhi publishes in Kolkata statements defamatory of B. B may sue A in

(A) Delhi only

(B) Kolkata only

(D) anywhere in India with the leave of the court

37. Which one of the following suits is not of a civil nature?

(A) Suits relating to rights to property

(B) Suits for rents

(D) Suits against dismissals from service

38. Which of the following is not a sufficient cause for granting adjournment?

(A) Sickness of a party, his witness or his counsel

(B) Non-examination of a witness present in the court

(D) Reasonable time for preparation of a case

39. Where a plaintiff sues upon a document in his power or possession, he must produce it or a copy thereof

(A) along with the plaint

(B) at the five of giving of evidence

(D) when ordered by the court

40. Voluntary amendment is provided for under

(A) Order 6, R-7, C.P.C.

(B) Order 6, R-15, C.P.C.

(D) Order 6, R-19, C.P.C.

41. There shall be no appeal by a convicted person where a Chief Judicial Magistrate imposes only a sentence of fine not exceeding

(A) Rs 1,000

(B) Rs 200

(D) Rs 300

42. "Too many appeals and revisions are a bane of the Indian Judicial System, involving as it does sterile expense and delay and fruitless chase of perfection." Justice Krishna lyer made this observation in

(A) Hamam Singh v. State of HP

(B) Mohd. Sauman Ali v. State of Assam

(D) Jawaharlal Singh v. Naresh Singh

43. In a case the Supreme Court observed thus-"We are unable to find any magic or charm in the ritual of a charge. It is the substance of these provisions (relating to charge) that count and not their outform. To hold otherwise is only to provide avenues or escape for the guilty and afford no protection to the Innocent. The court made these observations in relation to

(A) alteration of charge

(B) joinder of charges

(D) error, omission or irregularity in charge

44. Which of the following offences is triable summarily?

(A) Theft where the value of the property stolen does not exceed Rs. 500

(B) Lurking house tres pares

(D) In Reverving or retaining stolen property under Section 411, UPC. when the value of the property does not exceed Rs. 250

45. The period of limitation prescribed for taking cognizance of the offence punishable with imprisonment up to 3 years is

(A) 1 year

(B) 2 years

(D) 4 years

46. In which of the following cases the constitutional validity of Section 433-A, Cr.P.C wes upheld?

(A) Ashok Kumar Golu v. Union of India

(B) Babu Pahalwan v. State of MP

(D) Karan Singh v. State of HP

47. Which of the following is an interlocutory order for the purposes of revisional powers of the High Court or a Sessions Court?

(A) Orders summoning witnesses

(B) An order of bail granted by a Magistrate

(C)An order rejecting the plea of the accused on a point which when accepted, will conclude the particular proceeding

(D) Interlocutory orders which are without Jurisdiction and nullities

48. A is only charged with theft and it appears that he committed the offence of criminal breach of trust. In this context, which one of the following is correct?

(A) He may be acquitted

(B) He may be convicted unly of theft

(D) He may not be convicted of criminal breach of trust

49. Which of the following courts can set aside or modify the conditions imposed by a Magistrate when granting bail?

(A) High Court of Court of Sessions under Section 439, Cr.PC.

(B) High Court under Section 482, Cr.P.C.

(D) Court of Sessions under Section 438, CrPC

50. An offence of bigamy punishable under Section 494, LPC. was committed by A in Patna. The place where A resided with his first wife B was Gaya and the place where his first wife took up a permanent residence after the commission of the offence is Bhagalpur. The offence may be inquired into or tried by a court of competent jurisdiction at

(A) Patna

(B) Bhagalpur

(D) All of the above

51. A Magistrate has power to deal with urgent cases of apprehended danger or nuisance under

(A) Section 133, CP.C.

(B) Section 144, Cr.P.C

(D) Section 107, Cr.P.C

52. Which of the following Magistrates have power to prohibit repetition or continuance of public nuisance?

1. District Magistrate

2. Sub-Divisional Magistrate

3. Judicial Magistrate

4. Executive Magistrate duly empowered in this behalf

Codes

(A) 1 and 4

(B) 2 and 3

(D) 1, 2, 3 and 4

53. Assertion (A): The provisions for reviewing the decision of a criminal court are essential for the due protection of life and liberty.

Reason (R): They are based on the notion that Judges and Magistrates are not infallible.

Code:

(A) Both A and Rare trae and Ris the correct explanation of A

(B) Both A and Rare true but R is not the correct explanation of A

(D) A is false but R is true

54. Assertion (A):

Subject to some exceptions the provisions of the Code of Criminal Procedure are not applicable to tribal areas in undivided Assam.

Reason (R):

These areas enjoy special status like the State of Jammu and Kaskumir

Coder

(A) Both A and Rare true and Ris the correct explanation of A

(B) Both A and R are true but R is not the correct explanation of A

(C)A is true but R is false

(D) A is false but R is true

55. Reasons for non-applicability of some of the provisions of the Criminal Procedure Code to the State of Nagaland have been stated by the Supreme Court in-

(A) State of Nagaland v. Rattan Singh

(B) Maharaja Vikram Kishore of Tripura v. Province of Assam

(D) State of Nagaland v. Chung

56. Who can appoint a police officer as an assistant public prosecutor for courts of Magistrates?

(A) Superintendent or Police

(B) District and Sessions Judge

(D) High Court on the request of the State Government

57. Who among the following can be arrested without warrant by any Magistrate?

(A) Any person committing offences within the local jurisdiction of such Magistrate but not in his presence

(B) Any person committing offences anywhere, but in the presence of such Magistrate

(D) All of the above

58. Match List-l with List-ll and select the correct answer using the code given below the Lists:

Code:

59. Where two or more courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try the offence, the question shall be decided

1. if the courts are subordinate to the same High Court, by that High Court

2. by the High Court within the local limits of whose appellate criminal jurisdiction the accused resides, carries on business or is engaged in a gainful employment

3. if the courts are subordinate to the same High Court, by that High Court in consultation with the State Government concerned

4 if the courts are not subordinate to the same High Court, by that court within the local limits of whose ose appellate criminal jurisdiction the proceedings were first commenced

Which of the above are correct?

Code:

(A) 1 and 2

(B) 2 and 3

(D) 1,2,3 and 4

60. Assertion (A)

Power of the State to order cases to be tried in different sessions divisions is very limited.

Reason (R):

This extraordinary power is to be used when consideration of public justice justifies its exercise.

Code:

(A) Both A and R are true and R is the correct explanation of A

(B) Both A and R are true but R is not the correct explanation of A

(D) A is false but R is true

61. Husband and wife

(A) are competent witnesses against each other in matrimonial cases

(B) are not competent witnesses against each other as they are one person in law

(D) are competent witnesses against each other in civil as well as criminal cases

65. Question is, whether A was robbed. The fact that he said, he had been robbed without making any complaint

(A) is relevant showing preparation for relevant facts

(B) is relevant showing conduct

(D) may be relevant under Section 32 or Section 157 of the Evidence Act

66. A is accused of receiving stolen goods while knowing them to be stolen. He offers to prove that he refused to sell them below their value. He may

(A) not prove this statement

(B) prove if it is relevant otherwise than an admission

(D) None of the above

67. Which one of the following statements is correct?

(A) An admission by a guardian ad litem against a minor is evidence

(B) Admission on a point of law made by a pleader in court on behalf of the client is evidence

(D) Admission of fact made by a pleader in court on behalf of his client is evidence

68. Which one of the following is the true statement in relation to the relevancy of character?

(A) In criminal cases, previous good character is irrelevant

(B) In criminat proceedings, previous bad character is relevant

(D) In civil cases, character of any person affecting the amount of damages is relevant

69. When the court has to form an opinion as to the digital signature of any person, the opinion of which of the following is relevant?

(A) Certifying Authority

(B) Controller appointed under the Information Technology Act

(D) Certifying Authority which had issued digital signature certificate

70. in which of the following cases the Supreme Court raised doubts regarding the applicability of the doctrine of equital estoppel beyond Section 115, Evidence Act?

(A) Mercantile Bank of India Ltd. v. Central Bank of India Ltd.

(8) Madanappa v. Chandramma

(D) Sitaram v. State of UP

71. No revenue officer shall be compelled to say whence he got any information as to the commission of any offence against the public revenue. This provision is contained in

(A) Section 125, Evidence Act

(B) Section 124, Evidence Act

(D) Section 126, Evidence Act

72. No confession made to a police officer shall be proved as against a person accused of any offence. The rationale of this rule is stated in

(A) Queen Empress v. Abdullah

(B) Queen Empress v. Babulal

(D) Pakla Narayan Swamy v. Emperor

73. Where a bill of exchange is drawn in a set of five, how many of them need to be proved?

(A) Five

(B) Three

(D) Two

74. Assertion (A):

A gives B a receipt for money paid by B. Oral evidence is offered for the payment The evidence is admissible.

Reason (R):

A receipt is not a contract or grant in respect of which oral evidence is barred

Code:

(A) Both A and Rare true and R is the correct explanation of A

(B) Both A and R are true but R is not the correct explanation of A

(D) A is false but R is true

75. Assertion (A):

Sections 91 and 92, Evidence Act should be read together

Reason (R):

These two Sections supplement each other.

Coder

(A) Both A and Rare true and R is the correct explanation of A

(B) Both. A and Rare true but R is not the correct explanation of A

(D) A is false but R is true

76. The court shall take judicial notice of

(A) Foreign judicial records

(B) National Flag of a State not recognized by India

(D) Rule of Road on land (and in sea)

77. Which of the following is an example of 'may presume'?

(A) Presumption as to electronic records

(B) Presumption as to digital signature certificate

(D) Presumption as to electronic agreemental

78. Section 58 of the Evidence Act deals with

(A) formal admissions

(B) evidentiary admissions

(D) proof of facts by oral evidence

79. Which of the following pairs is not correctly matched?

(A) Relevancy of statements as to law contained in law books Section 38, EvidenceAct

(B) Relevancy of statements in maps, charts, etc. Section 35, Evidence Act

subsequent proceeding the truth of facts therein stated

(D) Relevancy of stalement as to facts of public nature Section 37, Evidence Act

80. in which of the following instances there is no reason ground for asking the witness the question whether he is a dakoit?

(A) A barrister is instructed by an attorney that an important witness is a dakoit

(B) A pleader is informed by a person in court that an important witness is a dakoit. The informant on being. questioned by the pleader gives satisfactory reasons for his statement

(C)A witness of whom nothing whatsoever is known, is asked randomly, whether he is a dakolt

(D) A witness of whom nothing whatsoever is known, being questioned as to his mode of life and means of living, gives unsatisfactory answers

81. The principle of agency of necessity is

(A) applicable in emergent situations where communication with the principal is not possible

(B) applicable in normal situations if the communication with the principal is possible

(D) None of the above

82. Agives woolen cloth to B, a tailor, for making a suit. The tailor's charges are settled at Rs. 500. After the suit is ready, A tenders Rs. 500 for the charges but the tailor refuses to deliver the suit till A pays an old due. In such case

(A) B can refuse to deliver the suit

(B) 8 cannot refuse to deliver the suit

(D) & can sell the suit

83. Which of the following is correct?.

(A) Pledge made by a person having a limited interest is valid to the extent of that interest

(B) Pledge made by a person under voidable contract is valid

(D) Goods may be pledged by the servant in the absence of owner

84. Assertion (A):

The liability of the surety is coextensive with that of the principal debtor unless it is otherwise provided by the contract..

Reason (R):

Any variance, made without the surety's consent, in the terms of the contract between the principal debtor and the creditor, discharges the surety as to transaction subsequent to variance

Code

(A) Both A and Rare true and R is the correct explanation of A

(B) Both A and R are true but R is not the correct explanation of A

(D) A is false but R is true

85. A without the request of anybody extinguishes the fire of B's godown. A suffers injury thereby B promises to compensate A for the whole amount he has spent for his treatment. The contract is

(A) unenforceable

(B) void

(D) enforceable

86. Promissory estoppel is sometimes spoken of as a substitute for

(A) novation

(B) quasi-contract

(D) coercion

87. X, a trader, leaves goods at Y's house by mistake. If Y uses the goods, then which one of the following is correct when X demands the price of goode and Y refuses to pay?

(A) Y is not bound to pay as he becomes the owner of the goods left at his home

(B) Y is bound to pay as X did not intend to supply goods gratuitously enjoyed the benefits of X's act and Y

(D) X must suffer for his mistake and he cannot recover the price of goods from Y

88. X contracted with a tent house for erecting a shamiana for performing the marriage of his daughter. On the day of marriage, a curfew was clamped in the area preventing the celebration of the marriage. The shamiana owner claims the charges agreed to be paid by X.

In the light of the above, which one of the following is correct?

(A) X has to pay the contracted charges

(B) X need not pay the agreed charges but only reasonable charges

(D) X need not pay anything as the celebration of the marriage was impossible on account of the curfew

89. in which of the following instances has the discharge of agreement not been effected?

(A) A promises to paint a picture for H. B afterwards forbid him to do so

(B) A owes B Rs 5,000 C pays to B Rs 1,000, which B accepts in satisfaction of his claim against A

(D) A owes B Rs 2,000 and is also indebted to other creditors. A makes an arrangement with his creditors, including B, to pay them, half of the loan amount. A pays to B Rs 1,000

90. A contingent contract based on the specified uncertain event not happening within a fixed time

(A) can be enforced if the event does not happen within the fixed time

(b) cannot be enforced at all, being void

(D) Both (A) and (C)

91. Which one of the following is a contract?

(A) An agreement to do a lawful act by an unlawful means

(B) An undertaking in writing duly signed to pay the time-barred debt

(D) An agreement to pay Rs. 10,000 without consideration

92. Which one of the following is not provided in Sections 4 and 5 of the Contract Act?

(A) Communication of offer

(B) Communication of acceptance

(D) Revocation of contract

93. Which one of the following does not amount to fraud?

(A) Active concealment of a fact

(B) A promise made without any intention of performing it

(D) A representation made without knowing it to be false, honestly believing it to be true

94. A stipulation for increased interest from the date of default is known as

(A) damage

(B) penalty

(D) compensation

96. Which one of the following propositions is correct?

(A) A minor's contract being void, a minor is not bound to pay for necessitiès supplied to him

(B) A minor's contract being voidable he is bound to pay for necessities supplied to him

(D) A minor's contract is void but he is bound to pay for necessities supplied to him

97. Match List-l with List-ll and select the correct answer using the code given below the Lists:

98. Assertion (A):

Marriage brokerage contract is valid.

Reason (R):

Marriage brokerage contract is opposed to public policy.

Code:

(A) Both A and Rare true and R is the correc explanation of A

(B) Both A and R are true but R is not the correct explanation of A

(D) A is false but R is true

99. Which of the following are the duties of a bailee?

1. Duty to take reasonable care of goods

2. Duty not to make unauthorised use goods

3. Duty not to mix his own goods with the goods bailed

4. Duty to compensate when goods damaged despite of the care of the bailee is

Code:

(A) 2, 3 and 4

(B) 1, 2 and 3

(D) 1 and 2

100. Adomsen vs. Jarvis is a leading case on

(A) Bailment

(B) Contract of Indemnity

(D) Pledge

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