Previous Year Question Papers · M.P. Judicial Service Exam 2007

M.P. Judicial Service Exam 2007

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1. Which document is not admissible without formal proof?

(A) Admitted Document

(B) Medical Report

(D) Report of a Director of the Fingerprint Bureau

2. What is not true? “Magistrate may discharge the accused if complainant is absent on date of hearing" If offence is:

(A) Compoundable or

(B) Non-cognizable

(D) Provision would be applicable for complaint case and police case both

3. When a surety to a bond dies before, the bond is forfeited. The liability in respect of bond:

(A) Shall not be discharged

(B) Shall be discharged

(D) There is no provision

4. As soon as the judgment or final order disposing of a case is signed:

(A) Court may alter the sentence

(B) Review the judgment

(D) May begin .retrial of the case

5. Appeal In case of acquittal by a Magistrate may lie in:

(A) High Court

(B) Sessions Court

(D) No appeal lie

6.. What Is the time limit of Section 468 of CrPC for taking cognizance In a case of defamation?

(A) Six months

(B) One year

(D) No limit

7. What Is the meaning of “Not proved” under Indian Evidence Act?

(A) Fact does not exist

(B) Non-existance probable

(D) Neither proved nor disproved i

8. A is accused of The murder of B by toeatijig him. What is not admissible as evidence?

(A) Whatever was said by A or B or by standers at the time of beating

(B) A has intention for murder of B

(D) A is a man of bad character

9. Facts not otherwise relevant become relevant If they are Inconsistent or makes highly probable or improbable any fact-ln-issue or a relevant fact

(A) Cannot be relevant

(B) Relevant U/s 11 of Evidence Act

(D) Relevant U/s 7 of Evidence Act

10. A rustic woman In apprehension of assault and maltreatment makes a confession ''for murder of her mother-in-law at the Village Panchayat. Whether this confession Is admissible?

(A) As extra-judicial confession

(B) Inadmissible due to involuntariness .

(D) Partly admissible

11. Provisions Section 32 (1) of Evidence Act are attracted, where—what Is not true?

(A) The cause of death is required to be ascertained

(B) The deceased statement is related to the cause of death

(D) Verbal statement is not admissible

12. what type of secondary evidence relating to public documents may be given?

(A) Oral evidence about contents

(B) Certified copy of the document

(D) Written admission

13. What is not true about the mode of proof for a will?

(A) One attesting witness at least to be examined

(B) No necessary to call, any attesting witness if will has been registered

(D) Where attesting witness not found handwriting of attesting witness and signature of executant must be proved

14. Execution of document may be presumed if the document is to be old:

(A) Ten years (B) Twenty years

15. 'Who may not testify?

(A) An accomplice

(B) Child

(D) Lunatic—who is unable to understand question and to give a rational answer.

16. What is not true?

(A) Witness may be cross-examined as to previous statement in writing

(B) Leading question may be asked in cross- examination

(D) Party calling the witness may cross- examine him with the permission of Court -

17. What are privileged Dodument?

(A) Statement is departmental enquiry

(B) Any communication between Chief Minister

(D) A defamatory imputation about person, in the instructions, to an advocate

18. ‘Civil death' may be presumed, if it is proved that one has not been heard of for:

(A) 10 years

(B) 20 years

(D) 7 years

19.When did M.P. Accommodation Control Act, 1961 become applicable?

(A) From 30th November 1961

(B) From 30th December 1961

(D) From 15th December 1961

20. What is not included in ‘accommodation’ as defined under M.P. Accommodation Control Act, 1961?

(A) Part of building

(B) Garden

(D) Government’s school building

21. A landlord can increase the standard rent per year:

(A) 10% (B) 11 %

22. B is a tenant in a shop of landlord A, situated in the city of Gwalior for the last 11 years.- Court has passed a decree of eviction. What compensation shall be paid by landlord?

(A) Not liable to pay any compensation

(B) Equal to double the amount of the annual standard rent

(D) Lump-sum amount Rs. 3,000

23. What is not correct: Landlord recovered possession of any Accommodation in pursuance of a decree on the ground of bonafide requirement for seif residence.Then he without permission of the rent control authority:

(A) Shall never re-let the Accommodation

(B) Shall no re-let the accommodation within. 6 months

(D) Shall not re-let the accommodation within 2 years

24. On being repaired and constructed the Accommodation in pursuance of a decree on the ground for repairing and reconstruction of the accommodation in how much time a tenant may recover possession of the accommodation?

(A) Within two months

(B) Within one month

(D) Within six months

25. A landlord cannot recover possession under Section 20 M.P. Accommodation Control Act 1961 in one of the following conditions:

(A) the tenant has ceased to be in the employment of the landlord

(B) the tenant has contravened the agreed terms

(D) The tenant has not paid the rent

26. Rent control authority shall decide, as far as may be an application under Section 23A M.P. Accommodation Control Act, 1961 within the following time:

(A) Two months

(B) Three months

(D) Twelve months

27. Revision against the order passed by the rent control authority shall lie:

(A) Before District Court

(B) Before High Court

(D) Before Commissioner

28. Landlord has withhold the supply of water, tenant can submit complaint before whom?

(A) Collector

(B) Sub-divisional Officer

(D) Sub-divisiorial Magistrate

29. Any offence punishable’under the M.P. Accommodation Control Abt, 1961 shall be tried by':

(A) Any Magistrate

(B) Magistrate First Class

(D) Sub-divisional Magistrate

30,_landlord files a suit for eviction on the ground of bonafide requirement for self residence. He must send notice to tenant:

(A) Before one month

(B) Before two months

(D) Before three months

31. Which one of the following properties may be transferred?

(A) Mere Easement

(B) A right to future maintenance

(D) A mere right to sub

32. A transfers Rs. 5,000 to his niece B if she will desert her husband. The transfer is:

(A) Voidable

(B) Void

(D) Enforceable

33. A transfers Rs. 5,000 to B on condition that he shall marry with the consent of ‘C’ ,‘D’ and ‘E’. E dies. B marries with the consent of ‘C’ . and ‘D’. Is it deemed that:

(A) ‘B’ has fulfilled the condition

(B) ‘B’ has not fulfilled the condition

(D) Condition became illegal

34. ‘A’, a Hindu, who has separated from his father. ‘B’ sells to ‘C’ three fields ‘X* ‘Y’ and ‘Z’ representing that ‘A’ is authorised to transfer these fields. ‘Z’ does not belong to ‘A’ but on ‘B’s death ‘A’ as their obtains ‘Z’.^C did not rescind the contract

(A) Contract became infructuous

(B) ‘C’ may require ‘A’ to deliver “Z’ to him

(D) Contract is unenforceable

35. ‘A’ owing half share and ‘B’ and 'C’ each a quarter share of mauza Sultanpur exchange one-eighth share, of that mauza for a quarter share of mauza Lalpura. There beingjjio Agreement to contrary. ‘A’ is entitled to an eighth share in Lalpura and‘B’and‘C’each-is entitled to:

(A) One-fourth share

(B) One-eighth share

(D) One-sixteenth share

36. Transfer of property pending suit thereto, the transfer shall be:

(A) void

(B) Affected subject to the decree or order 1 of the Court

(D) Infructuous

37. What is not correct—the liabilities of the seller is that he is:

(A) to disclose to the buyer any material , defected in the property

(B) to produce to the buyer for examination all documents of title relating to the property

(C) not to answer to the best of his information all the relevant questions put to him by the buyer in respect of the title

(D) to give possession to the buyer as its nature admits

38. Where the principal money secured is 100 rupees a mortgage other than a mortgage by deposit of title deeds. What is not correct about it?

(A) Must be signed by the mortgagor

(B) Must be attested by at least two witnesses

(D) Must be by a registered instrument

39. Mortgaged property in possession of the mortgagee has, during the continuance of the mortgage received any accession upon redemption in the absence of a contract to the contrary. Who shall be entitled to such accession?

(A) Mortgagee

(B) Mortgagor

(D) None of the above

40. A lease of immovable property does not determine:

(A) By efflux of the time limited thereby

(B) On death of the lessor

(D) Where such time is limited, conditionally on the happening of some event by the happening of such time

41. ‘A’ made a gift of property to ‘B’. Before acceptance by *B' 'A* dies. Gift is:

(A) Legal

(B) Illegal

(D) Voidable

42. ‘A* owes money to *B’ who transfers the debt to ‘C. ‘B* when demands the debt from ‘A’ who not having receded notice of the transfers prescribed in Section 131 of the T.P. Act, 1882 pays ‘B*. The payment is:

(A) Legal

(B) Illegal

(D) Not enforceable

43. The agreement which is not enforceable legally is called:

(A) Voidable

(B) Void

(D) Voidable contract

44. A agrees to sell a horse worth Rs. 1,000 for Rs. 10 A’s consent to the agreement was freely given. The agreement is:

(A) Voidable

(B) Void

(D) Illegal

45. Which cine of the following Ingredients is not necessary for contract?

(A) Proposal

(B) Acceptance

(D) Immovable Property

46. All illegal contracts are void but all void contracts are not:

(A) Legal

(B) Illegal

(D) Voidable

47. ‘A’ intending to deceive ‘B’ falsely represents that five hundred tons of indigo is made annually at A’s factory and thereby induce ‘B* to buy the factory. The contract is:

(A) Void

(B) Voidable at the Option of ‘A’

(D) Illegal

48. ‘A’ promises to maintain ‘B’s child. ‘B’ promises to pay ‘A* Rs. 1,000 yearly for the purpose. The consideration is:

(A) Lawful

(B) Unlawful

(D) None of these

49. ‘A* agrees to sell to ‘B’ a hundred tons of oil. There is nothing whatever to show what kind of oil was Intended. The agreement Is:

(A) Voidable

(B) Void

(D) Non-enforceable

50. A agrees to pay *B’ a sum of money, If ‘B’ marries ‘C’. ‘C’ marries ‘D’. The agreement is:

(A) Void

(B) Voidable

(D) Illegal

51. ‘A’ promises to paint a picture for ‘B’ within 10 days at a price of Rs. 1,000. ‘A’ dies before the days. The contract is:

(A) Enforceable

(B) Non-enforceable

(D) Void

52. ‘A* contracts to sing for ‘B’ at a concert for Rs. 1,000 which are paid in advance.‘A’is too ill to sing. Then:

(A) ‘A’ must,refund to ‘B’ Rs. 1,000 paid in advance

(B) ‘A’ must not refund to ‘B’ Rs. 1,000 paid in advance

(D) None of the above

53. ‘A’, a tradesman leaves his goods at B’s house by mistake. ‘B’ uses the goods as his own. Then:

(A) B need not pay to ‘A’

(B) B is bouild to pay ‘A’

(D) None of the above

54. ‘A’ in consideration that ‘B’ will employ ‘C’ in collecting the rent of B’s Zamindari, promises ‘B’ to be responsible to the amount of Rs. 5,000 for the due collection and payment by ‘C’ of those rents. This is:

(A) No guarantee

(B) Simple guarantee

(D) None of these

55. When did M.P. Land Revenue Code 1959 come into force?

(A) 1.10.1959

(B) 1.11.1959

(D) 2.11.1959

56. ’Agriculture’does not include:

(A) Garden product

(B) Biza plantation

(D) Grazing grass

57. The distribution of cases amongst tfye President and members of the Board of Revenue shall be done by:

(A) State Government

(B) High Court

(D) Chairman, Board of Revenue

58. The limitation for filing appeal before Collector, against the order passed by Revenue Officer is:

(A) 30 days

(B) 45 days

(D) 90 days

59. Revision shall lie against the order passed by theTahsildar:

(A) Before Commissioner

(B) Before Collector

(D) Before superintendent land records,,

60. Any' dispute regarding rights in the land arises under Section 57(1) M.P. Land Revenue Code 1959 between State Government and any person shall be decided:

(A) By Tahsildar

(B) By Collector

(D) By State Government

61. Patwaris’ circles are framed:

(A) By State Government

(B) By Commissioner

(D) By Collector

62. On dispute regarding entry in Khasra, any person shall apply to the Tahsildar for its correction from the date of such entry:

(A) Within one month

(B) Within six months

(D) Within twenty four months

63. There shall be one class of tenure holders of land to be known as:

(A) Leaseholder

(B) Bhumiswami

(D) Zamindar

64. Bhumiswami shall not transfer the land without permission, if he is of:

(A) Other Backward Class

(B) Scheduled Caste

(D) Ex-Zamindar

65. bhumiswami who cannot lease her land for more than one year:

(A) Widow

(B) .Married woman

(D) Deserted woman

66. Village Penal is appointed by:

(A) Collector

(B) Sub-divisional officer

(D) Revenue Inspector

67. Wajib-ul-arj shall not record:

(A) Right for irrigation

(B) Right to drinking water

(D) Right to fishing

68. Aggrieved person may not apply for a review of an order or judgement of a Civil Court, on one of the following grounds:

(A) A decree or order from which an appeal is allowed but from which no appeal has been preferred

(B) A decree or order is passed in the absence of aggrieved person

(D) A decision on a reference from a court of small cause

69. Order for disposal of property at conclusion of trial by Criminal Court. What is not correct?

(A) By destruction

(B) By confiscation

(D) By declaration of title of any person to the ownership of property

70. Judge has power to put question or order production of document. What is not true?

(A) Parties shall not be entitled to make objection to any such question or order

(B) Parties shall be entitled to cross-examine the witness upon answer given in reply of such question as a right

(D) Judge shall not be entitled to compel any witness to answer or produce document which is refusable under Section 121 to 131 Evidence Act

71. Suit for partition of immovable property shall be instituted in the Court where:

(A) Plaintiff resides

(B) Plaintiff carries on his profession

(D) With the permission of the District Judge, in any Court

72. Court may make order for the payment of Compensatory costs from any party submitting false, claim or defence:

(A) upto Rs. 5,000

(B) upto Rs. 3,000

(D) Any amount without limit

73. Question which shall be determined by the Court executing decree:

(A) Decree obtained by fraud

(B) Whether any person is or is not the representative of a party

(D) None of the above

74. The property which is not liable to attachment and sale in execution of decree:

(A) Government securities

(B) Promissory Note

(D) Bond

75. Court may not issue a commission:

(A) to examine any person

(B) to examine accounts

(D) to arrest a person

76. Which of the following is not correct regarding powers of appellate court?

(A) Have power to determine a case finally

(B) Have power to remand the case

(D) Have power to frame issue and refer them for trial

77. The plaint shall not be rejected in one of the following conditions:

(A) Where it does not disclose a cause of action

(B) Where it is not submitted by an advocate

(D) Where the suit appears from the statement in the plaint, to be barred by law

78. Auction purchaser shall pay full of purchase money:

(A) within 7 days

(B) within 15 days

(D) within 30 days

79. Which one of the following is not essential condition for application of Res Judicata?

(A) Previous suit was finally heard and decided by the Court of Competent Jurisdiction

(B) Previous suit must be pending before a Court

(D) Subject matter of previous and the subsequent suits must be the same

80. Proceeding in a suit, relating to minor shall not be stayed:

(A) On retirement of the next friend of a minor

(B) On attaining the majority by the minor

(D) On death of the next friend of a minor

81. Temporary injunction may be granted:

(A) To restrain any election

(B) To restrain dispossession from property

(D) To restrain the result of any adverse entry against the public servant

82. In how much time, respondent may file cross¬objections from the day of service Of the notice of the hearing of appeal?

(A) In 45 days

(B) In one months

(D) In 21 days

83. What is not movable property under Section 22 I.P.C.?

(A) Soil

(B) Cheque

(D) Fish in a tank

84. What is not correct about the self defence?

(A) Nothing is offence which is done in exercise of right of private defence .

(B) Right of private defence is extended to causing death in the case of robbery

(D) There is no right of private defence, if there is time to have recourse to the protection of public authorities.

85. A instigates B to murder C. B refuses to do so:

(A) B is guilty of abetment

(B) A is guilty of abetment of murder

(D) None of the above

86. Y holds Z down and fraudulently takes Z’s money from Z’s clothes without Z’s consent. Y has committed:

(A) Theft

(B) Extortion

(D) Robbery

87. Which ingredient is not essential for rioting?

(A) Unlawful assembly of five or more persons

(B) Common object of the unlawful assembly as specified under Section 141

(D) There must be definite disturbance of the public peace on public place

88. Minimum sentence for ‘Ten years imprisonment* is necessary for which of these offepces:

(A) Section 326 voluntarily Causing grievous hurt by dangerous weapon

(B) Section 376 (2) g Gang rape

(D) Section 409 Criminal breach of trust by a public servant

89. ‘A’ without any excuse fires a gun shot into a crowd of persons and kills two of them—A is guilty of:

(A) Murder—Section 302

(B) Causing death by negligence—Section 304(A)

(D) No offence

90. A is accused of rape. What defence is permissible to him according to law:

(A) They love each other and want to marry

(B) He lost his control under circumstances

(D) None of the above

91. What punishment may be awarded for the offence voluntarily causing hurt to deter a public servant from his duty under Section 332 I. P.C.?

(A) Imprisonment upto three years or fine or both

(B) Imprisonment upto five years and fine or both

(D) Imprisonment upto ten years and fine or both

92. A makes an attempt to steal some jewels by breaking open a box and finds there no jewel in it. A is guilty of attempt of theft. What punishment may be awarded to him:

(A) The same punishment as for theft

(B) One half of the term of imprisonment provided for the offence of theft or with such fine as provided for the offence or with both

(D) Only Fine

93. What ingredient is not necessary for the offence punishable under Section 279 I.P.C. (Rash driving on public way):

(A) Driving of Vehicle

(B) On a public way

(D) Persons were on road

94. A and B agree to fence with each other for amusement. A while playing fairly hurts B:

(A) A is liable for voluntarily causing hurt

(B) A is liable for assault —

(D) A is liable to compensate B

95. What offence is bailable?

(A) Mentioned as bailable offence in I Schedule of CrPC

(B) All cases of summon’s trial

(D) All cases which are not triable by session

96. Warrant may be issued in lieu or in addition to summons “Recording of reasons in writing” is a condition precedent.

(A) Is this statement true

(B) Is this statement not true

(D) There is no such provision

97. Who may claim for maintenance under Section 125 of CrPC?

(A) Wife who has her own source of income

(B) ' Illegitimate minor child

(D) Brother and sister

98. A minor girl lived with her father at Indore.. She became intimate with the accused-and ran away with the accused from Indore to Bhopal in a taxi. After some time they eventually settled in Mumbai. An offence of kidnapping may be tried:

(A) at Indore

(B) at Bhopal

(D) at any place mentioned above

99. Who may record a confessional statement under Section 164 CrPC?

(A) Police officer

(B) Executive officer

(D) Any Judicial Magistrate

100. Who may complain for ‘Bigamy’ under Section 494 I.P.C.?

(A) Mother, Father, Brother or Sister on behalf of wife

(B) Police

(D) None of the above