Previous Year Question Papers · M.P. Civil Judge (Junior Division) 2006

M.P. Civil Judge (Junior Division) 2006

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1. Warrant case has been defined as a case 6. relating to an offence punishable with death, imprisonment for life or imprisonment for a term:

(A) exceeding one year

(B) exceeding two years

(D) exceeding seven years

2. Offences of Indian Penal Code other than mentioned in Section 320 of Criminal Procedure Code are:

(A) not compoundable '

(B) compoundable with the permission of court

(D) compoundable by the High Court

3. Section 164 Criminal Procedure Code Provides a special procedure for recording of:

(A) confessions

(B) statements made during the course of . investigation

(D) examination of witnesses by police

4. When investigation cannot be completed within 24 hours, the largest period for which an accused can be remanded to police custody is:

(A) ten days

(B) fifteen days

(D) thirty days

5. If a Magistrate administers oath before recording the confession of an accused, the confessional statement is:

(A) good in law and admissible in evidence

(B) bad in law and inadmissible in evidence

(D) bad in law but become admissible on corroboration by other evidence

6. When investigation is, not completed within the prescribed period of 90 days or 60 days, as the case may be and accused is in custody, on expiry of the said period, if he is prepared to and does furnished bail, the accused is entitled to be:

(A) discharged

(B) acquitted

(D) released on bail by the concerning Magistrate

7. Under the provisions of Section 125(4) Criminal Procedure Code, who of the following cannot claim maintenance from her husband:

(A) wife herself earning money

(B) wife living separately by mutual consent

(D) woman, who has obtained divorce from her husband and has not remarried

8. Jurisdiction to grant bail under Section 438 of Criminal Procedure Code vests with:

(A) only High Court

(B) only Sessions Court

(D) either High Court or Court of Sessions

9. Compounding of offence under the provisions ofCriminal Procedure Code results in that criminal case:

(A) acquittal of accused

(B) discharge of accused

(D) discharge only if the charges have been framed

10. Period of limitation to take cognizance of an offence punishable for a term more than three years imprisonment is:

(A) 90 days

(B) one year

(D) no period of limitation is prescribed

11. A disputed handwriting can be proved:

(A) by calling an expert

(B) by examining a person acquainted with questioned document

(D) all of the above.

12. In relation to a court question the adverse party:

(A) has a right to cross-examination as a matter of right

(B) can cross-examine only with the permission of court

(D) can make any objection as a matter of right.

13. Evidence means and include:

(A) ocular evidence only

(B) documentary evidence only

(D) ocular evidence based on documents only

14. The documents are:

(A) caricature

(B) words printed, lithographed or photo-graphed

(D) all of the above

15. Contents of documents may be proved:

(A) by secondary evidence

(B) by primary evidence

(D) above all options are incorrect

16. Under sub-Section 5(C) of Section 65(B) in Indian Evidence Act, a computer output shall be taken to have been produced by a computer:

(A) whether it was produced by it directly

(B) whether it was produced by means of any appropriate equipment

(D) whether it was produced by it directly or by means of any appropriate equipment.

17. Admissions:

(A) must be in writing

(B) must be oral

(D) must be oral and in writing both

18. Facts which need not be proved by the parties, include:

(A) facts which have been admitted by the parties at or before the hearing

(B) statements made on oath

(D) statements made in plaint or in written statement supported by affidavit.

19. Under Indian Evidence Act, a document required by law to be attested, can be proved by calling:

(A) both the attesting witnesses

(B) at least one of the attesting witness

(D) a legal heir of the attesting witness

20. Due execution of a document more than thirty years old, coming from proper custody is a:

(A) presumption of facts

(B) rebuttable presumption of law

(D) presumption of facts and law both

21. In criminal proceedings the burden of proof lies:

(A) on persecution to prove the guilt of accused beyond reasonable doubt

(B) on accused to prove his innocence

(D) depends on the facts of each case

22. Leading questions can be asked during:

(A) examination-in-chief

(B) cross-examination

(D) cannot be asked in any circumstances

23. M.P. Accommodation Control Act, 1961 shall apply to such accommodation:

(A) which is the property of Government

(B) which is the property of a legal authority

(D) Which has not been used, without reasonable cause, for which it was let, for a continuous period of six months

24. After a notice of demand for arrears of rent has been served on tenant, he should pay or tender the arrears of rent, to save himself from eviction:

(A) within fifteen days

(B) within one months

(D) within three months

25. Tenant may be evicted on the ground of bonafide need of landlord for residential purpose, but the need does not extend to:

(A) his son’s need

(B) need of the other family members

(D) need of any other tenant paying more rent

26. For a construction, which has materially altered the Accommodation to the detriment of the landlord’s interest or is likely to diminish its value substantially, by the tenant:

(A) oral permission from landlord is sufficient

(B) written permission of landlord is necessary

(D) no such permission is required

27. In case of eviction on the ground of bona fide need for residential or non-residential accommodation, the landlord cannot obtain possession of the Accommodation before...

(A) one month (B) two months

28. Cognizance of offences, punishable under M.P. Accommodation Control Act, 1961 can be taken by:

(A) Judicial Magistrate second class

(B) Judicial Magistrate first class

(D) Only High Court

29. Which of the following is incorrect statement?

(A) Tenant can sublet the whole or any part of the Accommodation held by him as a tenant with the previous consent in writing of landlord

(B) Tenant can transfer or assign his rights in the tenancy or in any part thereof with the previous consent in writing of landlord

(D) A landlord shall claim or receive the payment of any sum as premium of “pugree” for giving' his consent to the subletting of the Accommodation held by the tenant

30. Standard rent may be fixed by:

(A) The court

(B) Landlord and tenant

(D) Collector

31. Where a landlord recovers possession of any Accommodation from the tenant in pursuance of an order made under clause (e) of clause (f) of sub-section (1) of section 12 of M.P. Accommodation Control Act, 1961, the landlord shall not, except with the permission of Rent Controlling Authority obtained in the prescribed manner, relation the accommodation within:

(A) one year (B) two years

32. If the accommodation was let-to a tenant for use as a residence by reason of his being in service or employment of the landlord and that tenant has ceased to be in such service or employment then which of the following is perfect:

(A) ground for eviction is available in all respect

(B) this is not a ground for eviction .

(C) ground for eviction shall not be available if any dispute, as to whether the tenant has Ceased to be in service or employment of the landlord, is pending before any competent authority

(D) no ground for eviction is available, if the tenant keeps paying the rent ph or before due date

33. Which of the following is not a legal ground of eviction?

(A) Tenant has built up, acquired vacant possession of or has been allotted an accommodation suitable for his residence

(B) Tenant has caused or permitted to be caused substantial damages to the accommodation

(D) Tenant has been convicted under any law of an offence of using the building or allowing the building to be used for immoral or illegal purposes

34. Against an order passed by Rent Controlling Authority under any Section of Chapter 3A of M.P. Accommodation Control Act, 1961:

(A) only appeal shall lie

(B) appeal shall not lie

(D) both appeal and revision shall lie

35. On transfer for his benefit, an unborn person acquires vested interest:

(A) upon his birth

(B) after one week of his birth

(D) there is no such provision in law

36. Where immovable property is transferred for consideration by persons, having distinct interest therein, but their interests in the property are of equal value, the transferor are:

(A) entitled to get equal share in the . consideration

(B) entitled to get unequal share in the consideration

(D) none of the above

37. “Rule of lis pendens” is applicable to suits for specific performance of contracts to transfer the immovable property. This statement is:

(A) False

(B) True

(D) Depends on the facts of each case

38. In case of transfer of property, the seller is:

(A) not entitled to rents and profits

(B) entitled to rents and profits of the property till the ownership thereof passed by buyer

(D) none of the above

39. In case of unufructuary mortgage the mortgagee is placed in possession and has a right to receive the rents and other profits:

(A) till the mortgage money is paid

(B) till the contract is recinded

(D) for a fixed period of ninety nine years

40. A right to obtain a decree from the court that the mortgagor shall be absolutely debarred of his right to redeem the mortgaged property is called:

(A) a right for for closure

(B) a right for claim

(D) a right for sale

41. Lease of immovable property determines:

(A) be efflux of time, limited thereby

(B) by implied surrender

(C) by the happening of such event, where the interest of the lessor in the property, terminates on the happiness of that event

(D) when the lessee becomes insolvent

42. In case of a gift if the donee dies before acceptance, the gift is:

(A) valid (B) void

43. Transfer of Property Act has no relation with

(A) air (B) water

44. Fraudulent transfer is:

(A) void (B) illegal

45. Sale is a transfer of ownership in exchange for a price:

(A) paid

(B) promised

(D) all of the above

46. X transfers Rs. 5,000 to Y on condition that he shall marry with the consent of A, B and C,Y married without the consent of A, B and C but obtains their consent after the marriage. Y has:

(A) fulfilled the condition

(B) not fulfilled the condition

(D) none of the above

47. A contract with or by a minor is a:

(A) valid contract

(B) void contract

(D) voidable contract at the opinion of either ' party

48. Which of the following is correct?

(A) Past consideration is no consideration

(B) Consideration can be past, present or future

(D) Consideration can only be future

49.. A contingent contract:

(A) is valid contract

(B) is voidable contract

(D) is a contract becomes void when the event becomes impossible

50. Tender is:

(A) an offer

(B) an invitation to offer

(D) a promise

51. Reasonable time for performance of a contract is a question:

(A) of fact

(B) of law

(D) of prudence

52. A contract is not frustrated:

(A) by commercial impossibility

(B) by imposition of government restriction or order

(D) by death or incapability of party when contract is of personal services

53. X promises to make a sculpture for Y:

(A) X’s son can perform the promise

(B) X has to perform the promise personally

(D) X’s agent who is an artist also, can perform the promise

54. X enters into a contract with Y, for which Y is guilty of fraud. X can:

(A) set aside the contract but cannot recover damages

(B) only recover damages

(D) none of the above

55. When a contract has been broken, the party who suffers by such breach, is entitled to receive from the party, who has broker? the contract:

(A) liquidated damages

(B) compensatory damages

(D) none of these

56. An agent can be appointed by:

(A) a minor of sound mind

(B) a major of sound mind

(D) any major of sound or unsound mind

57. In a pleadge ownership of property or goods:

(A) continued in pledger

(B) transferred to the pledgee

(D) cannot continue with pledger under any circumstances

58. Novation of a contract means:

(A) renewal of original contract

(B) substitution of a new contract in place of original contract

(D) recision of contract

59. If the holder of service land dies, resigns or is lawfully dismissed, the land shall pass:

(A) by survivorship

(B) or his successor-in-office

(D) bypatta

87. X and Y both go to murder Z. X stood on guard with a spear in hand but did not hit Z at all. V killed Z:

(A) only Y is liable2 for murder to Z

(B) X and Y both are liable for murder of Z

(D) (A) and (C) both are correct

88. If the offence be punishable with fine only, imprisonment for non-payment of fine:

(A) has to be simple

(B) has to be rigorous

(D) no imprisonment

89. X is at work with hatchet, the head of hatchet files off and kills a man Y who was stand by. Here, if there is no want of proper caution-on the part of X, has act is:

(A) not excusable and no offence

(B) excusable and not an offence

(D) an offence or not is depend on the sweet will of the legal representative of deceased.

90. The right of private defence of the body:

(A) commences as soon as reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence and it continues as long as such apprehension of the danger to the body continues

(B) commences as soon as reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence and it continues even after that apprehension ceases

(D) commences only when the assault is actually done and continues even after the assailment has left

91. For criminal conspiracy the minimum number of persons required is:

(A) seven (B) five

92. Assault cannot be caused by:

(A) mere words

(B) gestures

(D) any one of these

93. Robbery is dacoity if committed conjoined by:

(A) more than two persons but less than five persons

(B) more than five persons or more

(D) at least ten persons

94. For an unlawful assembly, the minimum number of persons required is:

(A) ten

(B) seven

(D) three

95. X knows that Y is suffering from a disease in his head and also knows that if a blow is given to Y on his head it is likely to cause his death, X gives a first blown to Y on his head. Y died. X is:

(A) guilty of culpable homicide not amounting to murder

(B) guilty "of murder

(D) guilty of no offence

as in ordinary circumstances that blow is not sufficient to cause death of a person of normal heath.

96. Y inserts his hand into the pocket of Z but the pocket was empty. Y guilty of:

(A) no offence as the offence was not completed

(B) theft

(D) attempt to theft

97. Two young ladies X and Y fight with each other. X knowingly herself to be likely permanently disfigure Y’s face, she inflicts injury with a blade on the face of Y, leaving permanent ugly scar on the check of Y. Here X is guilty of causing:

(A) simple hurt

(B) grievous hart by dangerous means

(D) grievous hurt by rash and negligent act

98. When the injury is intentional and sufficient to cause death in the ordinary course of nature and death follow, the offence is:

(A) attempt to murder

(B) culpable homicide and amounting to murder

(D) grievous hurt

99. In a cognizable case the police will have powers to:

(A) investigate except the power to arrest without warrant

(B) investigate and power to arrest without warrant only after seeking permission from the Magistrate

(D) Investigate and arrest without warrant, only after informing the Magistrate having jurisdiction to inquire into or try the offence

100. Permission to investigate into a non-cognizable offence can be granted by a:

(A) Magistrate in any part of India

(B) Magistrate in any part of State

(D) Session Judge