RJS Mock Test Paper-10

RJS Mock Test Paper-10

1. A right to sue on "Quantum Merit" arises:

a. When a party has fully performed the contract

b. When a party partly performed the contract and is discharged by the other party

c. When a contract is discharged by impossibility of performance

d. When a contract becomes illegal

 

2. 'A' contract 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

c. ‘B’ can receive compensation from 'A'

d. None of the above

 

3. 'A' owes 'B' Rs. 5,000. 'A' pays to 'B' Rs. 2,000 and 'B' accepts it in satisfaction of whole claim on 'A', here

a. whole debt is discharged

b. no debt is discharged

c. a part of debt is discharged

d. none of the above

 

4. Novation of a contract under Indian Contract Act, means:

a. cancellation of contract

b. alteration of the contract

c. the renewal of original contract

d. substitution of a new contract in place of original contract

 

5. Which of the following is correct with regard to acknowledgement of liability under Section 18 of the Limitation Act, 1963?

a. Acknowledgement cannot be undated.

b. Acknowledgement can be made to a person other than the person entitled to the property.

c. Acknowledgement need not be in writing.'

d. Acknowledgement can be made after the expiry of the period of limitation.

 

6. Computation of limitation time, for date used in an instrument, will be calculated according to which Calendar?

a. Hindu Calendar

b. Islamic Calendar

c. English Calendar

d. Gregorian Calendar

 

7. Part VI, Chapter VI of the Indian Constitution dealing with subordinate courts are:—

a. Articles 232-238

b. Articles 233-237

c. Articles 233-238

d. Articles 231-237

 

8. In which one of the following cases was it laid down that presidential proclamation dissolving a State Legislative Assembly is subject to judicial review?

a. Arun v. Union of India

b. S.R. Bommai v. Union of India

c. A.K. Roy v. Union of India

d. State of Rajasthan v. Union of India

 

9. Which one of the following is not correct with regard to transfer of cases from the High Courts?

a. Cases involving same or substantially same question of law should be pending before Supreme Court and one or more High Courts

b. Application requesting for transfer should be filled by Attorney General or any party to the case

c. Transfer is possible when the Supreme Court on its own is satisfied that such question is of general importance

d. Transfer of cases from one High Court to another is not permissible in any circumstance

 

10. According to Article 233 of the Constitution, a District Judge is appointed by the

a. Chief Justice of the State High Court

b. Governor of the State

c. Chief Minister of the State

d. None of the above

 

11. In criminal trials, whenever an accused pleads that his case is covered under any of the general exceptions laid down under CHAPTER III of BNS, the burden of proof lies on

a. The prosecution always

b. The accused, and he had to prove his innocence beyond reasonable doubt

c. The accused, and he has to prove his innocence on a preponderance of probabilities

d. State and it is to be discharged by the prosecutor

 

12. The offence of 'abetment' is constituted by.

a. Aiding

b. Conspiring

c. Instigating

d. All the above

 

13. Abetment by aid requires:

a. Active aiding

b. Passive aiding

c. Intentional aiding

d. None of above

 

14. Abetment of an offence is

a. always an offence

b. never an offence

c. may be an offence depending upon the circumstances but not always

d. may not be an offence depending upon the circumstances of the case

 

15. For an offence of Criminal Conspiracy under Section 120A of IPC, the parties involved should agree to do or cause to be done an act:

a. the ultimate object of which is illegal

b. which is not illegal, but by illegal means

c. which is illegal but by legal means

d. (a) and (b)

 

16. The definition of criminal conspiracy in Section 120A, IPC has been taken from that given in

a. Mulchay v. Queen

b. Quinn v. Leatham

c. Abdul Rehman v. Emperor

d. R v. Vincent

 

17. Minimum number of persons required for affray under Section 194(1) of the BNS is

a. Five

b. Two

c. Four

d. Seven

 

18. Which One of the following cases is not related to principle of joint liability based on common intention?

a. Barendra Kumar Ghosh v. Emperor

b. Mahboob Shah v. Emperor

c. J.M. Desai v. State of Bombay

d. Reg v. Govinda

 

19. Extra-judicial confession means confession made-

a. Before the Magistrate in the court

b. To the police officer

c. To the doctor

d. None of the above

 

20. Under Section 27 of the Evidence Act the 'Fact discovered' means........

a. The object produced only

b. The place from where the object is produced only

c. The knowledge of the accused as to the object and the place

d. None of these

 

21. The principle on which a dying declaration is admissible under Section 26 of BSA,2023  is indicated in the legal maxim.

a. Actori incumbit onus probandi

b. nemo moriturus praesumitur mentiri

c. Dormiunt leges aliquando, munquam moriuntur

d. Fatetur facinus qui judicium fugit

 

22. The case of Pakala Narayan Swami v. King Emperor relates to-

a. Doctrine of estoppel

b. Accomplice

c. Dying declaration

d. Cross examination

 

23. Which one of the following statements is correct?
A "Dying Declaration" made under section 32 of the Indian Evidence Act, 1872 is subject to the control of

a. Section 164 of the Code of Criminal Procedure 1973

b. Section 161 and 162 of the Code of Criminal Procedure, 1973

c. Section 52 and 54 of the Indian Evidence Act, 1872

d. Section 158 of the Indian Evidence Act, 1872

 

24. Which of the following statements is correct?

a. A dying declaration recorded by a Magistrate not empowered under section 164 Cr.PC cannot be proved by the oral evidence of the Magistrate

b. The credit of the declarant cannot be impeached

c. A dying declaration is substantive evidence

d. If the declarant is not examined although alive, his declaration is admissible

 

25. Under which section of BSA,2023 –‘Oral evidence to be direct’ is given

a. Section 55

b. Section 25

c. Section 32

d. Section 38

 

26. Kaushal Rao v. State of Bombay, AIR 1958 SC 22 is related with which topic of the law of evidence?

a. Confession

b. Admission

c. Dying declaration

d. Estoppel

 

27. In which case, the presence of accused may be dispensed with at the time of delivering the judgement?

a. When the personal attendance of the accused has already been dispensed with

b. When the judgement is that of acquittal

c. In both (a) and (b) above

d. None of the above

 

28. Which one of the following Sections of BNSS,2023 deals with the language and contents of judgement?

a. Section 353

b. Section 393

c. Section 355

d. Section 356

 

29. Under Cr.P.C., for which offence it is mandatory for all Government and private hospitals to provide first aid to the victim and inform the police of such incident—

a. Section 326A IPC

b. Section 376A IPC

c. Section 376C IPC

d. All of them

 

30. A sentence of death by a lower court

a. must be confirmed by High Court

b. must be confirmed by Supreme Court

c. must be confirmed by President

d. is operational if no appeal is made to High Courts

 

31. Assertion (A) : The provision 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

a. Code: Both A and R are true and R is the correct explanation of A

b. Code: Both A and R are true but R is not the correct explanation of A

c. Code: A is true but R is false

d. Code: A is false but R is true

 

32. Section 436A of the Code of Criminal Procedure, 1973, provides for grant of bail to an accused pending trial if:

a. he has undergone detention for one-fourth period of imprisonment specified for the offence for which he is being tried

b. he has undergone detention for one-third period of imprisonment specified for the offence for which he is being tried

c. he has undergone for one-half period of imprisonment specified for the offence for which he is being tried

d. a and (b) above

 

33. "Anticipatory bail" implies:

a. That the accused gives an undertaking to the Police Officer that he will be available for investigations provided he is not arrested

b. The direction by the Magistrate to the Police Officer not to arrest the accused

c. The direction by the Sessions Court or the High Court to the Police Officer to release on bail an accused alleged to have committed the non- " cognizable offence(s) in the event of his arrest on the terms and conditions which the Court considers proper in the case

d. The Direction by the High Court to the Sessions Court to release the accused immediately after arrest in a non-bailable offence

 

34. When will proceedings be vitiated if the Magistrate is not empowered to do so?

a. To issue a search warrant under Section 94 of Cr.P.C.

b. To hold on inquest under Section 176 of Cr.P.C.

c. Tries an offender summarily

d. To tender a pardon under Section 306 of Cr.P.C.

 

35. Under Order VI, Rule 17 of C.P.C., an application for amendment of pleadings can be allowed

a. Before the commencement of trial

b. After the commencement of trial

c. Either before or after the commencement of trial

d. None of the above

 

36. A defendant should present written statement of his defence within thirty days from the service of summons on him. The said period can be extended upto:

a. 30 days

b. 60 days

c. 90 days

d. 100 days

 

37. A sues B on a bill of exchange for Rs. 500. B holds a judgment against A for Rs. 1000. The two claims being both definite pecuniary demands may be set off. The illustration is given in:

a. Order VIII, Rule 5 of Code of Civil Procedure

b. Order VIII, Rule 6 of Code of Civil Procedure

c. Order VIII, Rule 7 of Code of Civil Procedure

d. Order VIII, Rule 9 of Code of Civil Procedure

 

38. Among the following which are suits of a Civil nature–

a. Suit relating to rights to worship

b. Suit relating to right to shares in offerings

c. Suits for upholding mere dignity or honour

d. Both (A) & (B)

 

39. If the suit is filed in a court having no jurisdiction __________.

a. it shall be dismissed

b. it may be dismissed

c. it shall be returned

d. it shall be sent to record room

 

40. The doctrine of Lis Pendense applies where:  

a. The suit is collusive  

b. The transfer is made after the decree of the trial court but before the filling on an appeal 

c. Right to movable property is in question 

d. Property is situated outside the territorial jurisdiction of the court

 

41. Which of the following is a leading case on the doctrine of part performance?

a. Shantabai v. State of Maharashtra 

b. Shanti Devi v. Rajesh Kant Roy 

c. Mohammad Musa v. Ashok Kumar Ganguli 

d. Cooper v. Cooper 

 

42. Which section of the Specific Relief Act,1963 deals with the bar of the suit for compensation for breach after dismissal of suit for specific performance?

a. Section 12

b. Section 24

c. Section 15

d. Section 30

 

43. In case of specific performance of contract, the rights of the parties are governed by the principles of:

a. Equity

b. Law

c. Equity & Law

d. Only equity and not law

 

44. Which one of the following Sections of the Negotiable Instruments Act, 1881, deals with offence committed by a company under Section 138?

a. Section 139

b. Section 140

c.  Section 141

d. Section 142

 

45. Under Negotiable Instruments Act, 1881 -“banker” includes:

a. Any person acting as an employee of any bank and any post office saving bank.

b. Any person acting as a banker and any post office saving bank

c. Any person acting as an agent of any bank and any post office saving bank.

d. Any person acting as a Managing Director of any bank and any post office saving bank

 

46. Which is NOT correct about the “Promissory Note”

a. It contains a conditional undertaking.

b. It contains the amount mentioned on it.

c. It is an instrument in writing.

d. It is signed by the maker

 

47. Which of the following conditions, as per provisions of the Protection of Children from Sexual Offences Act, 2012, has to be adhered to while examining or recording statement of the child—

a. the statement of child shall be recorded at the residence of child or the place where he usually resides or the place of his choice

b. as far as practicable the statement should be recorded by woman police officer not below the rank of Sub-Inspector, who shall not be in uniform

c. the Investigating Officer shall ensure that at no point of time the child comes in contact in any way with the accused

d. all the above

 

48. What is minimum punishment for penetration sexual assault under Protection of Children from Sexual Offences Act, 2012.

a. 5 years

b. 10 years

c. 7 years

d. 20 years

 

49. Simultaneous direction for releasing the offender and directing him to pay compensation and cost is dealt in _________section of Probation of Offender Act, 1958

a. Section 4

b. Section 5

c. Section 6

d. Section 7

 

50. In which of the following leading cases, Hon’ble the Supreme Courts held that benefit of Section 3 or Section 4 of the Probation of Offender Act, 1958 is subject to the limitations laid down in these provisions and the words ‘may direct’ in Section 4 does not mean ‘must direct’

a. State of Gujarat v. V.A. Chouhan AIR 1983 SC 359

b. Phul Singh v. State of Haryana AIR 1980 SC 249

c. Ram Prakash v. State of Himachal Pradesh AIR 1973 SC 780

d. Smt. Devki v. State of Haryana AIR 1979 SC 1948

 

51. Orphan means under JJ ACT 2015.

a.A child who is without legal biological parents

b. Child who is without legal Guardian

c. A child who is without adoption parents

d. All of the above

 

52. Serious offences include the offences for which the punishment under the Indian Penal Code or any other law for the time being in force is minimum imprisonment for a term:

a. more than three years and not exceeding seven years

b. 5 years or more

c. not less than 3 years

d. between three to seven year/more than three year and less than seven years

 

53. Illustration: Hindustan Lever Emplills Company Limited (TOMCO) and Hindustan Lever Limited were in dispute. The employees of both Hindustan Lever Limited and TOMCO were concerned about the amalgamation. One of the grounds of attack against the scheme was the absence of approval of the central government as required under S.23 of the Monopolies and Restrictive Trade Practices Act, 1969. That, however, was deleted in 1991. The Supreme Court stated that it is significant to take into account the mischief that was sought to be cured through the amendment of the statute. Accordingly, the court held that once the said section has been deleted from the statute book, the requirement of prior approval of the Central Government cannot be brought back through the backdoor. The Supreme Court was applying what rule of interpretation?

a. Mischief Rule

b. Literal Rule

c. Ejusdem Generis

d. both (a) and (d)

 

54. Delegatus non potest delegare means

a. Debtor follows the person of the debtor

b. An action does not arise from a bare promise

c. A delegated power cannot be further delegated

d. The law does not concern itself with trifling matters

 

55. Tenancy agreements shall be executed within a period of ________ from the date of commencement of Rajasthan Rent Control (Amendment) Act, 2017.

a. 6 months

b. 1 year

c. 2 years

d. 3 years

 

56. Landlord may increase the rent of the premises by an amount as agreed between the landlord and the tenant prior to the commencement of the work and such increase in rent shall become effective from _______ after the completion of work.

a. 1 month

b. 3 months

c. 6 months

d. 1 year

 

57. A temporary injunction can be granted to a party establishing –

a. A prima facie case in his favour

b. Balance of convenience in his favour

c. Irreparable injury to him in the event of non grant of injunction

d. All the of the above

 

58. How many chapters and sections are there in Sexual Harassment of Women at Workplace Act, 2013?

a. 8 Chapters, 30 Sections

b. 9 Chapters, 37 Sections

c. 11 Chapters, 51 Sections

d. 5 Chapters, 20 Sections

 

59. In this protection of women from Domestic violence Act, 2005 domestic violence include: -

a. Economic abuse

b. Sexual abuse

c. A and B

d. None of these

 

60. Which of the following not relevant as far as the protection of women from domestic violence Act is concerned

a. Workplace

b. Monetary relief

c. Protection order

d. Physical abuse

 

61. You ____________ got ready before we visit your house.

a. will have

b. shall have

c. Are

d. Were

 

62. By next Monday he ______________ staying at my uncle’s house for three weeks.

a. will have

b. shall have

c. will have been

d. shall have been

 

63. This road _____________ to the post office.

a. is leading

b. Leads

c. has lead

d. Lead

 

64. He ________________ very hard these days.

a. had been working

b. is working

c. have been working

d. have worked

 

65. Gambling __________ ruined many careers

a. Is

b. Was

c. Has

d. Have

 

66. You are……... fool to say that

a. A

b. An

c. The

d. No Article

 

67. What______ beautiful scene this is!

a. A

b. An

c. The

d. No Article

 

68. She was killed in ______ accident.

a. A

b. An

c. The

d. No Article

 

69. …...pen is mightier than …………… sword.

a. A, an

b. An, the

c. No Article

d. The, the

e. No Article

 

70. Get me…... kilo of rice from ……...nearest grocer

a. a, the

b. the, a

c. the, the

d. No Article

 

71. A number of cases __________ reported in the area.

a. Is

b. have been

c. Was

d. Has

 

72. Politics ___________ been one of the debatable topics.

a. Is

b. Are

c. Have

d. Has

 

73. These ___________ religious rituals.

a. Are

b. Is

c. Have

d. Has

 

74. Deepak with his friends ____________ signed the petition.

a. Has

b. have been

c. Are

d. Is

 

75. The panel of judges ___________ sentenced him to death.

a. Have

b. Were

c. Has

d. Is

 

76. शैलजाकिसका पर्यायवाची है?

a. लक्ष्मी का

b. पार्वती का

c. शची का

d. हिमालय का

 

77. जंगल का पर्यायवाची है-

a. द्रुम

b. विटप

c. शून्य

d. कान्तार

 

78. चन्द्रमा का पर्यायवाची नहीं है-.

a. राकेश

b. शशि

c. देवापगा

d. मयंक

 

79. ‘रसनाकिसका पर्यायवाची है?

a. आभूषण का

b. जीभ का

c.  स्वाद का

d. दाँत का

 

80. निम्न में से कौन-सा शब्दयमुनाका पर्यायवाची नहीं है?

a. कालिन्दी

b. अर्कजा

c. भागीरथी

d. रविसुता

 

81. रमेश सरकारी नौकरी के लिए इधर उधर..................... रहा हैं। उपयुक्त मुहावरे से रिक्त स्थान की पूर्ति कीजिए।

a. हवा खाना

b. खाक छानना

c. मेहनत करना

d. दादागिरी करना

 

82. 'नमक-मिर्च लगाना' का अर्थ है-

a. खाने में नमक और मिर्च डालना

b. दुख को बढ़ावा देना

c. घुमा फिर कर कहना

d. बढ़ा-चढ़ा कर कहना

 

83. मेरे पिताजी ने यह कार अपनी............ से लिया है। रिक्त स्थान पर सही मुहावरा भरे

a. खेती करके

b. सूझ-बुझ

c. गाढ़ी कमाई

d. परिश्रम

 

84. खरी खोटी सुनना का अर्थ है

a. जोर से बोलना

b. भला बुरा कहना

c. अच्छी बताना

d. निचा दिखाना

 

85. “आँखों का काजल चुरानाइस मुहावरे का अर्थ है?

a.  सफाई से चोरी करना

b. काजल की चोरी करना

c. आँखों को नुकसान पहुँचाना

d. प्यार का इज़हार करना

 

86. चौराहा में कौन सा समास है

a. बहूव्रीहि

b. तत्पुरुष

c. अव्ययीभाव

d. द्विगु

 

87. दशमुख में कौन सा समास है

a. कर्मधारय

b. बहूव्रीहि

c. तत्पुरुष

d. द्विगु

 

88. महादेव में कौन सा समास है

a. तत्पुरुष

b. अव्ययीभाव

c. कर्मधारय

d. द्वंद्व

 

89. विशेषण और विशेष्य के योग से कौन सा समास बनता है

a. द्विगु

b.  द्वंद्व

c. कर्मधारय

d. तत्पुरुष

 

90. किस शब्द में द्विगु समास है

a. आजीवन

b. भूदान

c. सप्ताह

d. पुरुषसिंह

 

91. Under which section of the Information Technology Act, 2000-Compensation for failure to protect data.

a. Section 42

b. Section 31

c. Section 43A

d. Section 44

 

92. Under which section of Registration Act, 1908- Registering officer not liable for thing bona fide done or refused in his official capacity.

a. Section 81

b. Section 45

c. Section 86

d. Section 31

 

93. Under which section of The Rajasthan Excise Act, 1950- Recovery by grantee of exclusive privilege of sums due to him

a. Section 21

b. Section 23

c. Section 27

d. Section 43

 

94. Under which section of the Rajasthan Court Fees and Suits Valuation Act, 1961.- Application for probate or letters of administration.

a. Section 21

b. Section 45

c. Section 50

d. Section 31

 

95. Under which section of “The Rajasthan Land Revenue Act, 1956”-            Appointment of Patwaris deals with

a. Section 20

b. Section 21

c. Section 31

d. Section 41

 

96. A Muslim woman need to observe iddat in which of the following?

a. Muta marriage

b. Irregular marriage

c. Valid marriage

d. All of the above

 

97.In partnership the liability of partners is

a. Joint

b. Several

c. Joint and several

d. None of the above

 

98. SOGA- Goods are said to be in a 'deliverable state' where

a. they are in good condition

b. they are in reasonable condition

c. they have been delivered' on time

d. the buyer is bound to take their delivery under contract

 

99. In case of Hindu male dying intestate:

a. Mother is Class II heir

b. Father is Class I heir

c. Mother is Class I heir and father is Class II heir

d. Both mother and father are Class I heirs

 

100. Which among the following is not included in the term 'Hindu' used in Hindu Marriage Act, 1995?

a. Sikhs

b. Jains

c. Parsis

d.  Budhists

Attempt Test with Answers