Previous Year Question Papers · Uttarakhand (Judicial) Service Examination, 2014

Uttarakhand (Judicial) Service Examination, 2014

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PART-I

GENERAL KNOWLEDGE

1. Medha Kotwal Lele v. Union of India 2012 SC is related with

(A) Mercy Killing

(B) Sexual Harassment of Women at work place

(D) Fake encounter

2. “International Law may be defined as the body of law which is composed for Its greater part of the principles and rules of conduct which the States feel themselves bound to observe.” Defined by

(A) Charles Cheney Hyde

(B) Kent

(D) Westlake

3. Which of the following case is associated with the issue of ‘domicile’ in the State concerned for getting elected to the Council of States?

(A) Rameshwar Prasad v. Union of India

(B) Kuldip Nayar v. Union of India

(D) Satwant Singh v. Asst. Passport Officer

4. In which Article of the Constitution of India, provision has been made for “Finance Commission”?

(A) 366(12)

(B) 280

(D) None of the above

5. Read the Following:

Assertion (1): Parliament has passed the National Food Security Act, 2013.

Assertion (2): The Supreme Court has held that it is the duty of the State to provide food to every needy of the above:

(A) Only (1) is true.

(B) Only (2) is true.

(D) Both (1) and (2) are false.

6. ‘Full faith and credit shall be given throughout the territory of India to public acts, records, and judicial proceedings of the Union and of every State,’ is provided under which Article of the Constitution of India?

(A) Article 261

(B) Article 260

(D) Article 226(2)

7. Which one of the following cases is not related with Article 19(1)(a) of the Indian Constitution?

(A) Prakash Jha International Ltd. v. Union of India

(B) Secretary, Ministry of I&B v. C.A.B.

(D) Kathi Ranning v. State of Saurashtra

8. Under Article 338A of the Indian Constitution ‘There shall be a Commission known as

(A) National Commission for Women

(B) National Commission for Minorities

(D) None of the above

9. Article 15(5) was declared as the ‘basic structure’ of Indian Constitution in which of the following case by the Supreme Court?

(A) Ashok Kumar Thakur v. Union of India

(B) Indian Medical Association v. Union of India

(D) All of the above

10. Who was awarded Bharat Ratna in 2013?

(A) Raghu Nath Mahapatra

(B) Sharmila Tagore

(D) None was awarded Bharat Ratna

11. Untouchability in any form has been abolished by which of the following articles of Constitution of India?

(A) Article 14 (B) Article 16

12. Read the following:

Statement (A): The Supreme Court in February 2012, in the famous ‘2G-Spectrum Scam’ case, quashed the 2-G Spectrum allotment and directed for its public auction.

Reason (R): Article 39(b) of the Constitution of India provides that the ownership and control of material resources of the community are so distributed as best to subserve the common good.

Now answer using the codes given below:

(A) (A) and (R) both are true and (R) is the reason-of (A).

(B) (A) and (R) both are true, but (R) is not the reason of (A).

(D) (A) is false, but (R) is true.

13. Who can seek advisory opinion from the international Court of Justice according to U.N. Charter?

(A) Security Council

(B) General Assembly

(D) AU of the above

14. Who can expel any State from the membership of the United Nations?

(A) General Assembly

(B) Security Council

(D) General Assembly on the recommendation of the Security Council

15. Which Article of the United Nations Charter empowers the Security Council to implement the judgements of the International Court of Justice?

(A) Article 24 (B)‘ Article 25

16. Which of the following case is related to the Prize Courts?

(A) The Zamora case

(B) Dr. Babu Ram Saxena v. State

(D) Re Castioni

17. Which of the following Is not mentioned In the Indian Constitution?

(A) Election Commission

(B) Finance Commission

(D) Union Public Service Commission

18. By which Constitutional Amendment the number of ministers have been limited to 15% of the total number of members of the lower house?

(A) Ninety First Amendment

(B) Ninety Second Amendment

(D) None of the above

19. Point out the mismatched pair:

(A) Power of Parliament to legislate on a matter in the State list in the national interest: Article 249

(B) Power of Parliament to legislate with respect to any matter in the State List if a proclamation of emergency is in operation: Article 250

(D) Legislation for giving effect to international agreements: Article 253

20. Which one of the following is not an essential elements of a State in international law?

(A) Population

(B) Armed forces

(D) Capacity to enter into relation with other States

21. The name of the first woman judge of the International Court of Justice Is

(A) Rosalyn Higgins

(B) Rosa E. Otumbayeva

(D) Sadako Ogata

22. Point out the mismatched pair:

(A) Chiranjilal v. Union of India (1950) — Article 14

(B) Dinesh Trivedi v. Union of India (1997) Article 19

(D) Bhim Singh v. State of J&K (1986) — Article 29

23. Read the following carefully:

Statement (1): Recognition is a process through which a political community acquires international personality by becoming a member of family of nation.

Statement (2): Hegel, Anzilloti and Oppenheim are chief exponents of Constitutive theory of recognition. of the above:

(A) Only (1) is true.

(B) Only (2) is true.

(D) Both (1) and (2) are false.

24. Who said “Inclusion of any matter in the agenda of General Assembly, discussion on it, its study or the passing of a General Resolution would not amount to intervention”?

(A) Prof. Hans KelSen

(B) Prof. Quincy Wright

(D) None of the above

25. A Member of Parliament of India^or Member of Legislative Assembly of a State cannot be arrested in a civil action within a period of before or after the session.

(A) 40 days (B) 45 days

26. ‘Zonal Council’ in India is

(A) Dispute Settling Agency

(B) Law Making Body

(D) Administrative Body

27. In which among the following States In India, Legislative Council does not exist?

(A) State of Bihar

(B) State of Maharashtra

(D) State of Karnataka

28. Who among the following is not a legal person?

(A) The Kumaon University

(B) State Bank of India

(D) The State of Uttarakhand

29. The Headquarters of world Food and Agricultural Organisation (FAO) is at

(A) Rome (B) Paris

30. The readjustment of current strength of the' Lok Sabha and the State Assemblies in India has been freezed upto

(A) year 2026 (B) year 2016

31. The Father of ‘Local Self Government’ in India was

(A) Lord Dalhousie

(B) Lord Canning

(D) Lord Ripon

32. Who is known as the Father of International Law?

(A) Hugo Grotius

(B) Oppenheim

(D) Philip C. Jessup

33. Voltaire was a

(A) Greek Philosopher

(B) British lawyer

(D) American jurist

34. The year of the Hague Convention for the Pacific Settlement of International Disputes, is

(A) 1900 (B) 1903

35. The tenure of every Panchayat in India is five years from the

(A) date appointed for its first meeting

(B) date of notification of election ;

(D) date of oath of office by members

36. The World Conference on Human Rights and Peace, 2013 was held in

(A) China (B) Pakistan

37. Setu Samudram ship, Channel Project is approved by

(A) Government of Tamil Nadu State

(B) Government of Sri Lanka

(D) Government of India and Sri Lanka

38. In which case the Supreme Court observed that Central Bureau of Investigation is a ‘caged parrot’?

(A) Rail Board bribery case

(B) Vineet Narayan v. Union of India

(D) Coal-gate Scam case

39. The World Chairman of International Human Rights Commission is

(A) Dr. Muhammad Shahid Amin Khan

(B) H.E. Adnan Mansour

(D) Ratal Marcin Wasik

40. National Green Tribunal Act was passed in the year

(A) 2008 (B) 2010

41. Under which Article of the United Nations Charter the Security Council has power to use force against a State?

(A) Article 24 (B) Article 2(4)

42. Where is the World Trade Centre situated In India?

(A) Noida (B) Mumbai

43. Justice Dalveer Bhandari is

(A) a judge in Supreme Court of India

(B) Chief Justice of Delhi High Court

(D) a judge in the Intemational Court of. Justice

44. Which of the following declaration deals exclusively with the peaceful settlement of International disputes?

(A) Paris Declaration, 1856

(B) Manila Declaration, 1982

(A) Moscow Declaration, 1943

45. Which of the following method of settlement of Interrnational Disputes has been expressedly recognised in the Constitution of India?

(A) Arbitration

(B) Negotiation

(D) None of the above

46. Read the following carefully:

Statement (1): Right to Vote in an election is a Fundamental Right of every person in India.

Statement (2): Right to contest in an election is a Fundamental flight of every citizen.

Of the above

(A) (1) is true and (2) is false

(B) (1) is false, but (2) is true

(D) Both (1) and (2) are false

47. Which of the following case is related to Right to Information Act, 2005?

(A) Lily Thomas v. Union of India

(B) Nandini Sundaram v. Union of India

(D) None of the above

48. Balaji Raghwan v. Union of India, AIR 1996 SC 770 is related with which of the following Article of the Constitution of India?

(A) 25

(B) 29

(D) 12

49. Article 239 AB of the Constitution provides

(A) Power of administrator to promulgate ordinances during recess of legislature.

(B) Power of the President to make regulations for certain Union Territories.

(D) None of the above

50. Article 371 E of the Constitution deals with

(A) Establishment of Central University in Andhra Pradesh

(B) Special Provisions with respect to the State of Sikkim

(D) None of the above

PART-II

LAW

51. Under Section 13 of CPC which of the following judgments shall not be conclusive?

(A) Judgment not on merit.

(B) Judgment founded on breach of Indian law.

(D) All of the above

52. Rules 6 to 10 of order 39 of C.P.C. deal with

(A) attachment of property

(B) arrest of persons

(D) interlocutory orders

53. Rules relating to interpleader suit have been provided In the C.P.C. under which of the following orders?

(A) Order 50 (B) Order 35

54. In which of the following case Sir Laurence Jenkins has observed that “the rule of res judicata, while founded on account of precedent, is directed by a wisdom which is for all times”?

(A) Lal Chand v. Radha Kishan

(B) Sheopersan v. Ramanand Singh

(D) Pandurang Ramachandra v. Shantibai

55. What is the essence of pleadings?

(A) Plead facts not law

(B) Plead law not facts

(D) All the above

56. The Bill of Evidence Act was prepared by

(A) Fourth Law Commission

(B) Sir Henry Maine

(D) None of the above

57. Rule of Res Gestae which means facts forming the part of the same transactions which is the facts in issue is discussed in

(A) Section 6 (B) Section 7

58. The principle of ‘res judicata’ is provided in which of the following^ectfon of the Indian Evidence Act?

(A) Section 140 (B) Section 40

59. The principle which preclude a person from denying some statement previously made by him is known as

(A) Admission (B) Confession

60. Which one of the following is correctly matched under the Indian Evidence Act?

(A) Burden of Proof—Section 101

(B) Dowry Death—Section 122

(D) Accomplice—Section 119

61. Rules relating to ‘identification of parade’ are contained in which of the following section of Indian Evidence Act?

(A) Section 9 (B) Section 19

62. Section 74 of the Indian Evidence Act, 1872 deals with

(A) Testamentary document

(B) Non-Testamentary document

(D) Public document

63. Under which section of Evidence Act legitimacy of a child born during the lawful wedlock is presumed?

(A) Section 112 (B) Section 113

64. Any question suggesting the answer is called

(A) Oral question

(B) Special question

(D) Hearsay question

65. ‘Not proved’ means

(A) It is not proved

(B) It has been disproved

(D) It is denied

66. ‘Proof’ is the result of

(A) Inquiry (B) Evidence

67. “A fact in personal knowledge of the judge cannot be taken in evidence”. In which case this had been held?

(A) Har Prasad v. Shiva Dayal (1876) 31A 259

(B) Kashmira Singh v. State of M.P. 1952 ACR536

(D) Pushpa Devi Ramjatia v. M.L. Wadhwa AIR 1987 SC 1748

68. ‘H’ says that ‘Y’ told him that ‘A’ killed ‘B’. This is

(A) Primary evidence

(B) Best evidence

(D) Admission

69. “An accomplice is a competent witness against an accused” is provided in which of the following Section of Indian Evidence Act?

(A) Section 130 (B) Section 131

70. Among the following which is not a public document?

(A) An unregistered family partition deed

(B) A registered sale deed

(D) A decision of Civil Court

71. Which one of the following is not privileged communication?

(A) Matrimonial communication

(B) Paternal communication

(D) Official communication

72. Under which one of the following Sections of the Indian Evidence Act, a witness under examination gets the right to refresh his memory?

(A) Section 158 (B) Section 159

73. Under which of the following Sections of the Indian Evidence Act, the judge determines as to admissibility of fact?

(A) Section 54 (B) Section 148

74. The fact sought to be proved is called

(A) Factum probana

(B) Factum probandum

(D) Lex Loci

75. The affidavit given to the Court is

(A) not an evidence

(B) an evidence

(D) a proof

76. Who one of the following sections of the Transfer of Property Act provides that ‘mere- right to sue’ cannot be transferred?

(A) Section 5 (B) Section 6

77. Which of the following are actionable claims?

(i) A share in partnership

(ii) A decree

(iii) Claim for arrears of rent

(iv) Right to get damages for breach of contract

(A) Only (i) (B) Only (ii)

78. The test to decide whether something attached to the earth has to be regarded as immovable or not, depends on any one of the following?

(A) The decree or mode of annexation

(B) Place of annexation

(D) Both (a) and (c)

79. A transfers property to B in trust for C and directs B to give possession of the property to C when he attains the. age .9.125. C’s interest in the property is

(A) Continent

(B) Vested

(D) Public interest

80. If a property is transferred with the conditions that an interest created therein for the benefit of the transferee shall cease on his becoming insolvent such a condition is void under which of the following sections of the Transfer of Property Act?

(A) Section 10 (B) Section 11

81. A gives a field to B, reserving to himself, with B’s assent, the right to take back the field in case B and his descendants die before A. B dies without descendants in..A’s life time. Can ‘A’ take back the field?

(A) Yes

(B) No

(D) None of the above

82. Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor shall be

(A) Voidable at the option of such creditors

(B) Not void

(D) None of the above

83. In the light of provisions of the T.P. Act, a minor

(A) can transfer a property

(B) cannot transfer a property

(D) both (b) and (c)

84. ‘Redemption is the heart of mortgage’ was, observed by

(A) Lord Develin

(B) Lord Davey

(D) None of the above

85. In which of the following sections of T.P. Act ‘transfer by ostensible owner’ is provided:

(A) Section 39 (B) Section 41

86. In which of the following sections of T.P. Act, transfer in favour of unborn person can be made:

(A) Section 13 (B) Section 12

87. Which one of the following sections of the T.P. Act provides that when there is a conflict between marshalling and contribution, narshalling shall prevail?

(A) Section 80 (B) Section 81

(Q Section 82 (D) Section 83

88. Muhammad Afzal v. Ghulam Kasim (1903) ILR Cal 843 is a leading case on which of the following?

(A) Rule against perpetuity

(B) Equity of redemption

(D) Doctrine of holding over

89. In case of transfer of property for the benefit of the public which of the following restrictions shall not apply?

(A) Rule against perpetuity

(B) Transfer to take effect on failure of prior interest

(D) All of the above

90. Which of the following is not correctly matched under T.P. Act?

(A) Universal done—Section 128

(B) Doctrine of Part Performance—Section 53A

(D) Mortgagee's right to for closure or sale—Section 67

Choose the right answer:

(A) Only (A) .

(B) Both (A) and (B)

(D) Both (C) and (D)

91. The following leading cases are related to which of the following subjects?

A Gopal v. Parsottam

B Santely v. Wilde '

C Kedar Lal v. Hari Lal

D Ali Hussain v. Nilla Kandan

Choose the correct answer: '

(A) Lease

(B) Gift

(D) None of the above

92. Under the Constitution of India all aspects of family law are provided in the

(A) Union List

(B) State List

(D) None of the above

93. A marriage under Hindu Law between Sapindas parties shall be valid

(A) if the custom or usage governing each of them permits. '

(B) if the custom or usage governing any of them permits.

(D) neither (a) nor (b)

94. Adultery is a ground under Hindu Marriage Act, 1955 for

(A) judicial separation

(B) divorce.

(D) only divorce and not judicial ' separation

95. A Hindu wife can adopt a boy and a girl simultaneously

(A) without consent of husband

(B) with the consent of husband

(D) none of the above

96. Disposal of immovable property of a minor by his natural guardian is ?

(A) valid

(B) void

(D) voidable at the option of minor

97. In India a decree of restitution of conjugal rights can be executed by.

(A) attachment of the property of respondent

(B) arrest of the respondent

(D) either attachment of property or by arrest of respondent' and fine

98. Bigamous marriage under the Hindu Marriage Act, 1955 is

(A) Valid (B) Void

99. Punishment for violation of condition as to age as provided under Section 5(lll) of the Hindu Marriage Act, 1956, has been provided under which of the following section of the Hindu Marriage Act, 1956?

(A) Section 18(b)

(B) Section 17

(D) None of the above

100. Hanuman Prasad v. Mst. Babooee Mumraj case is related to which of the following?

(A) Adoption (B) Guardianship

101. A Hindu husband converting to Islam and marrying again will be guilty of bigamy. It was held in which of the following case?

(A) Bahurao v. State of Maharashtra

(B) Dr. A.N. Mukherji v. State

(D) P.V. Venkatraman v. State

102. Under Hindu law where the husband creates leave the conjugal homeland live separately

(A) the husband may sue for divorce

(B) the wife will be held guilty of desertion

(D) the husband is guilty , of constructive desertion

103. An illegitimate minor child under Section 20 of the Hindu Adoptions and Maintenance Act is entitled to claim maintenance during his minority from

(A) Father (B) Mother

104. A Hindu father-in-law is bound to maintain widowed daughter-in-law if

(A) she is having no property or income

(B) she is unable to obtain maintenance out of estate of deceased husband

(D) all of the above

105. Alimony under Section 25 of the Hindu Marriage Act, 1955 can be ordered by

(A) a civil court

(B) a court exercising jurisdiction under Hindu Marriage Act, 1955

(D) Neither (a) nor (b)

106. A Father Karta can alienate a part of joint family property out of love and affection to

(A) Daughter

(B) Son

(D) All of the above

107. By 2005 Amendment of the Hindu Succession Act, 1956, a son is liable to pay which of the following?

(A) Untainted debt of father

(B) Tainted debt of father

(D) None of the above

108. In the absence of class I heir who inherits the property of a Hindu male?

(A) Father

(B) Brother

(D) All of the above

109. In case of ‘desertion’ the wife has to prove which of the following fact?

(A) The husband has abandoned her

(B) That he has done so without any reasonable cause and against her wish and without her consent.

(D) All the above

110. Which of the following is not a ground of divorce under the Special Marriage Act, 1954?

(A) Adultery (B) Cruelty

111. Under Muslim Law the following are guardians for marriage of a minor:

(i) Father (ii) Mother

(iii)' State (iv) Brother

Choose the correct order in which their guardianship accrues:

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

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

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

112. Muta marriage comes to an end by

(A) Talaq

(B) Hiba-i-Muddat

(D) None of the above

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

(A) Muta marriage

(B) Irregular marriage

(D) All of the above

114. Dissolution of Muslim Marriage Act, 1939 is based on the principles of which school of Muslim law?

(A) Hanafi School

(B) Shafei School

(D) Zaidi School

115. Khilwat or Sahida connotes

(A) valid retirement

(B) apostasy

(D) option of puberty

116. A dower debt is

(A) a secured debt

(B) an actionable claim

(D) a mere right to sue

117. Which of the following Is of the legal z consequences of divorce under Muslim Law?

(A) The parties acquire the right to contract another marriage.

(B) Cohabitation becomes unlawful.

(E) AU of the above

118. When a Muslim mother loses her right of Hizanat (custody)?

(A) By her apostasy

(B) By her misconduct

(D) All of the above

119. Among Muslims which school does not mention minimum amount of dower?

(A) Hanafi

(B) Maliki

(D) None of the above

120. Who is the natural guardian of a Muslim female child?

(A) Father

(B) Mother

(D) Grandmother

121. Implied and contingent Talaq is not approved by

(A) Mahki

(B) Shia

(D) All of the above

122. A Muslim woman can seek divorce if the husband is not traceable for a period of

(A) 7 years (B) 5 years

123. Under the Muslim Woman (Protection of Rights on Divorce) Act, the option to be governed by the provision of Section 125 Cr.P.C. may be given by the parties

(A) either jointly or separately

(B) separately

(D) none of the above

124. A Muslim divorced woman can apply directly to the Wakf Board when there is no relative to support her. This was held in which one of the following cases?

(A) Yusuf v. Sowramma

(B) A.A. AbduUah v. A.B. Mohmuna Syed Bhai

(D) Mohd. Ahmad Khan v- Shah Bano Begum

125. ‘M’, the mother of a Muslim minor daughter contracted her in marriage in the life time of the father who had become an apostate. The marriage is

(A) Bad in law (B) Irregular

126. A marriage of a Mahomedah, who is of sound mind and has attained puberty, is brought about without his consent. The marriage will be

(A) Valid (B) Irregular

127. The rules against perpetuity do not apply to which of the following?

(A) Movable properties

(B) Charities

(D) All of the above

128. The provision as to ‘exchange of money’ has been provided under which of the following sections of T.P. Act?

(A) Section 118 (B) Section 119

129. Persons competent to transfer a property have been defined under which of the following sections of the T.P. Act?

(A) Section 6 (B) Section 7

130. Under which one of the following sections of the T.P. Act, English mortgage has been defined?

(A) Section 58(e)

(B) Section 58(d)

(D) Section 58(f)

131. Which one of the following group of sections deals with lease under T.P. Act?

(A) Sections 102 to 119

(B) Sections 105 to 119

(D) Sections 105 to 117

132. In which one of the following cases Lord Summer said, “they also serve who stand and wait”?

(A) Mahboob Shah v. Emperor

(B) Inder Singh v. Emperor

(D) None of the above

133. “Local Law” mentioned under Section 42 of the Indian Penal Code, 1860 means a law applicable to

(A) whole of India

(B) a particular part of India

(D) None of the above

134. “Good faith” within the meaning of the I.P.C. means

(A) an act done with due care and attention

(B) an actual belief that the act done is not contrary to law

(D) an act done under bonafide belief

135. Who prepared the first draft of Indian Penal Code?

(A) Canning (B) Stephen

136. In which of the following Sections of I.P.C. ‘preparation’ is punishable?

(A) Sections 121,125, 398

(B) Sections 122,125, 399

(D) Sections 121,126, 398

137. Me Naughten case is related to which of the following Section of the I.P.C.?

(A) Section 83 (B) Section 84

138. Which of the following case is known as Nasik Conspiracy case?

(A) Vinayak Damodar Savarkar's case

(B) Bal Gangadhar Tilak's case

(D) None of the above

139. Which of the following is not correctly matched under I.P.C.?

(A) Furnishing false information—Section 177

(B) Giving false-evidence—Section 191

(D) Counterfeiting coin—Section 231

140. Which one of the following set of Sections of I. P.C. provides for the right of private defence?

(A) Sections 107 to 120

(B) Sections 121 to 133

(D) Sections 96 to 106

141. ‘A’ having joint property with Z in a horse, intending thereby to cause wrongful loss to Z, shoots the horse. Under what section of I.P.C. ‘A’ shall be charged with?

(A) Section 426 (B) Section 429

142. To which one of the following section of I.P.C. Hicklin rule is related to?

(A) Section 292

(B) Section 291

(D) Section 294

143. A’ fires on a crowd for no reason. As a result of which ‘B’ dies. What offence has ‘A’ committed?

(A) Culpable homicide not amounting to murder

(B) Grievous hurt

(D) None of the above

144. Which of the following is/are essential element/s of offence of grievous hurt?

(A) Emasculation

(B) Privation of any member or joint

(D) All of the above

145. ‘A’ voluntarily throws into a river a ring belonging to ‘Z’ with the intention to cause loss to ‘Z’. ‘A’ has committed the offence of

(A) theft (B) robbery

146. What should be the age of minor to constitute the offence of kidnapping?

(A) 16 years

(B) 18 years

(D) Below 18 years in case of male and below 21 years in case of female

147. Which one of the following is a case decided by Federal Court on Section 124A of I.P.C.?

(A) Kedar Nath v. State

(B) Niharendu Dutt v. Emperor

(D) Emperor v. Sadashivanarayan

148. To which of the following offences the Apex Court judgment in Abhayanand Mishra v. State of Bihar is related to?

(A) Sections 420 and 511 of I.P.C.

(B) Section 511 of I.P.C. only

(D) None of the above ..

149. Under which one of the following Sections of I. P.C. rash and negligent driving of vehicle on a public way is an offeree?

(A) Section 278 (B) Section 279

150. ‘Unlawful assembly’ is defined in which of the following section of the I.P.C.?

(A) Section 34 (B) Section 149

151. Section 153AA has been inserted in the IPC 1860, by which of the following Criminal Law Amendment Act

(A) Act of 2001 (B) Act of 2003

152. ‘X’ along with four other armed hoodlums seizes the child of 'Y' and threaten to kill him unless ‘Y* parts with his watch and diamond ring. ‘X’ has committed the offence of

(A) robbery

(B) dacoity

(D) theft

153. In which one of the following cases Section 303 of IPC was declared unconstitutional?

(A) Mithu v. State of Punjab

(B) Bachan Singh v. State of Punjab

(D) None of the above

154. A mixed sugar in B’s food knowing it to be arsenic. ‘B’ did not take that food. What offence has ‘A’ committed?

(A) A has committed no offence

(B) A is guilty for assault

(D) A is guilty for attempt to murder

155. The offence of Section 361 of the IPC is basically against

(A) family

(B) society

(D) lawful guardian

156. ‘A’ has consensual sexual relations with ‘Z’s wife. She gives to ‘A’ a valuable property which ‘A’ knows to belong to her husband ‘Z’ and she has no authority from ‘Z’ to give. ‘A* takes the property dishonestly. Which one of the following offences has been committed by ‘A’?

(A) Criminal breach of trust

(B) Theft and criminal breach of trust

(D) Criminal misappropriation

157. Which of the following is not correctly matched?

(A) Inquiry - Section 2(g)

(B) Judicial proceedings - Section 2(i)

(D) Pleader - Section 2(q)

158. Classification of ‘compoundable and non- compoundable offences’ has been provided under

(A) 1st Schedule of Cr.P.C.

(B) 2nd Schedule of Cr.P.C.

(D) Section 321 of Cr.P.C.

159. Section 25A was inserted in Cr.P.C. by which of the following Amendment Act?

(A) Cr.P.C. Amendment Act, 2008

(B) Cr.P.C. Amendment Act, 2005

(D) Cr.P.C. Amendment Act, 1978

160. Which of the following is correct answer?

(i) Provisions of Cr.P.C- do not apply to the State of Jammu and Kashmir

(ii) All provisions of Cr.P.C. not apply to the State of Nagaland.

Choose the correct answer:

(A) Only (i) is correct

(B) Only (ii) is correct

(D) Both (i) and (ii) are correct

161. Inquiry is conducted by

(A) Magistrate only

(B) Police officer only

(D) Magistrate or court

162. Which of the following is not a Criminal Court?

(i) Executive Magistrate

(ii) Children's court under Juvenile Justice Act, 2000

(iii) Panchayati Adalats

(A) All of the above

(B) only (ii)

(D) (ii) and (iii) both

163. Which one of the following sections of the Cr.P.C. provides that a person once convincted or acquitted shall not be tried again for the same offence?

(A) Section 303

(B) Section 20(3)

(D) None of the above

164. Who among the following may withdraw prosecution of any person at any time before the Judgment is pronounced?

(A) The State Government

(B) The Public Prosecutor

(D) The Writer of F.I.R.

165. Which one of the following Sections of Cr.P.C. provides free legal aid to the accused?

(A) Section 304

(B) Section 306

(D) Section 302

166. Under Cr.P.C., which of the following is correctly matched?

(A) Procedure where judges of Court of appeal are equally divided—Section 392

(B) Finality of judgment and orders on appeal—Section 394

(D) Arrest of accused in appeal from acquittal—Section 391

167. An accused may apply for plea-bargaining where he has committed:

(A) an offence for which the punishment extends for imprisonment exceeding seven years.

(B) an offence which affects socio economic condition of the country

(D) an offence of theft'

168. Which one of the following group of sections of Cr.P.C. deals with proclamation and attachment?

(A) Sections 88 to 85

(B) Sections 82 to 86

(D) Sections 80 to 86

169. Which one of the following sections of the Cr.P.C. provides as to security for good behaviour from habitual offenders?

(A) Section 110

(B) Section 109

(Q Section 108

(D) None of the above

170. In which of the following cases a wife is not entitled to maintenance?

(A) If she is living in adultery

(B) If without sufficient reasons refuses to live with her husband.

(D) All of the above

171. ‘Victim Compensation Scheme’ has been provided under Criminal Procedure Code by which of the following amendment?

(A) Cr.P. Code (Amendment) Act, 2008

(B) Cr.P. Code (Amendment) Act, 2009

(D) None of the above

172. Which one of the following sections of Cr.P.C. provides power to the High Court to confirm sentence or annual conviction?

(A) Section 366 (B) Section 367

(Q Section 369 (D) Section 368

173. The State Government may by notification declare any city or town for the purposes of Cr.P.C. as a ‘Metropolitan’, whose population

(A) exceeds ten lakhs

(B) below ten lakhs

(D) none of the above

174. Which one of the following section of Cr.P.C. provides public to give information of certain offences to the police officer?-

(A) Section 38

(B) Section 40

(D) All of the above

175. Which one of the following Section of Cr.P.C. provides identification of arrested person?

(A) Section 54 (B) Section 54A

176. Who of the following may order for maintenance of wives, children and parents under Cr.P.C. 1973?

(A) Only Executive Magistrate

(B) Judicial Magistrate 2nd Class

(D) All of the above

177. Consider the following statement and choose the correct answer with the help of code given below:

(i) Investigation is conducted by police officer

(ii) Magistrate cannot interfere in investigation

(iii) Investigation is a judicial proceeding

(iv) Investigation is not a judicial proceeding

Codes:

(A) (i) and (iv) are correct

(B) (i), (ii) and (iv) are correct

(D) (i), (iii) and (iv) are correct

178. Under Cr.P.C. where two or more courts have taken cognizance of the same offence and question arises as to which of them ought to try that offence, the question shall be decided

(i) by the Supreme Court

(ii) if the Court are subordinate to the same High Court by that Hight Court

(iii) if the Courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced Choose the correct answer:

(A) Only (i) is correct

(B) (ii) and (iii) are correct

(D) (i) and (iii) are correct

179. A High Court under its inherent powers' conferred under Section 482 of Cr.P.C. passes the following orders:

(i) It quashes the EI.R.

(ii) It quashes proceeding of case pending before a criminal court

(iii) It expunges the derogatory remarks against a member of subordinate court. Having in view the validity of above order choose the correct answer given below:

(A) Only (i) is valid

(B) (i) and (ii) are both valid

(D) (i) and (iii) are valid

180. In which of the following cases it was held that a person has a right to protection under Section 161 (2) of Cr.P.C. against questions, the answers of which would have a tendency to a criminal charge?

(A) Nandini Satpathy v. P.L. Dani

(B) Gian Singh v. State

(D) R.K. Dalmia v. Delhi Administration

181. Under which of the following sections of the Cr.P.C. the magistrate shall dismiss the complaint?

(A) Section 202

(B) Section 201

(D) None of the above

182. Which one of the following Sections of the C.P.C. deals with institution of suits?

(A) Section 29 (B) Section 13

183. Which one of the following is NOT a suit of civil nature?

(A) Suit relating to rights of worship

(B) Suit involving purely religious rights

(D) Suit for rights to hereditary office

184. A residing in Dehradun, beats B in Lucknow B may sue A under C.P.C.:

(A) either in Lucknow or in Dehradun

(B) only in Lucknow

(D) anywhere else

185. The Sections in the Code of Civil Procedure can be amended by

(A) the Parliament

(B) a High Court

(D) the parties to the suit

186. Inherent powers of the court can be exercised under C.P.C.

(A) for the ends of justice or to prevent abuse of the process of the court

(B) to help the plaintiff

(D) to grant interim relief

187. Under C.P.C. the provision of notice before instituting a suit against the Government is given in

(A) Section 180

(B) Section 6

(D) Section 21

188. Under C.P.C. the Court may not issue commissions in the following matter:

(A) to examine any person

(B) to examine accounts

(D) for execution of a decree

189. Under C.P.C. which one of the following is liable to attachment and sale in execution of a decree?

(A) Necessary wearing apparel

(B) Promissory Notes

(D) Books of accounts

190. Which section of the C.P.C. prohibits the arrest or detention in the civil prison of a woman in execution of a decree for the payment of money?

(A) Section 55

(B) Section 56

(D) Section 58

191. Under C.P.C. a decree may be executed by

(A) Tehsildar

(B) Collector

(D) the Court which passed it or by the Court to which it is sent for execution

192. Does the pendency of a civil suit in a foreign Court preclude the courts in India from trying a suit founded on the same cause of action?

(A) Yes

(B) No

(D) Will depend on the pecuniary valuation of the suit

193. ‘Mesne profits’ has been defined in which of' the following Sections of the C.P.C.?

(A) Section 2(4) (B) Section 2(8)

194. Which one of the following sections of the Code of Civil Procedure provides for the trial in open Courts where public may have access?

(A) Section 153A

(B) Section 153B

(D) Section 153D

195. Under which one of the following Sections of the C(P.C. the Court may ask parties to a dispute to go for meditation?

(A) Section 88

(B) Section 89

(D) Section 86A

196. By which one of the amendments of C.P.C. scope of summary trial was substantially widened?

(A) CPC (Amendment) Act, 1999

(B) CPC (Amendment) Act, 2002

(D) None of the above

197. Under which provision of C.P.C. an Ambassador can be sued?

(A) Section 86

(B) Section 88

(D) He cannot be sued

198. Morgan Stanley Mutual Fund v. Kartik Das Case related to which of the following?

(A) Issuance of Commission

(B) Attachment before judgment

(D) Affidavits

199. When a Court can reject a plaint?

(A) Where plaintiff fails to comply, with Rule-9

(B) Where suit is barred by law

(D) All of the above

200. Under C.P.C. find the incorrect match of the following:

(A) Revenue Courts—Section 5

(B) Provincial Small Causes Courts— Section 7

(D) . Presidency Small Causes Courts— Section 8