Exam Details
Subject | general knowledge of law | |
Paper | paper 1 | |
Exam / Course | ||
Department | ||
Organization | Reserve Bank of India Services Board | |
Position | legal officer | |
Exam Date | 2016 | |
City, State | central government, |
Question Paper
R.B. S.B.(L.O.)
PY-2016
PAPER-I--GENERAL KNOWLEDGE OF LAW
(Duration 3 Hours)
(Maximum Marks--150)
Instructions.(1) All questions are compulsory.
Part consists of objective type questions and Part-B consists of Descriptive type questions.
Black figures to the right indicate the full marks of the question.
Answers must be written either in English or in Hindi. However, all the questions should be answered in one language only. Answer-books written partly in English and partly in Hindi will not be evaluated.
No reference books will be given or allowed to be used.
Each question should be answered on new page and the question number must be written on the top.
The answers of parts of the same question, if any, should be written together. In other words, the answer of another questions should not be written in-between the parts of a question.
Marks will be deducted for illegible hand-writing.
Answers should indicate reasons and wherever possible references to decided cases should be given.
Answers will be evaluated on the basis of perspective, analysis and presentation.
Candidate should use only Blue or Black ink pen/Ball point pen to write the answers.
The Name, Roll No. and other entries should be written in the answer-scripts at the specified places only and these should not be written anywhere else.
PART
Total—30 Marks Marks Each)
1. Which one of the following is included within the definition of State
as per Article 12 of the Constitution for the purpose of
enforcement of fundamental rights
A partnership firm
A company established under the Companies Act
A cooperative Society
The Life Insurance Corporation of India.
2. Which of the following amendments have been introduced by the
Code of Civil Procedure (Amendment) Acts, 1999 and 2002
Number of adjournments has been restricted
Provision for out-of-court settlement introduced
Scope of appeals curtailed
All of the above.
3. A lends Rs. 1,00,000/-to B. C and D are sureties. A institutes a suit against B and C alone for recovery of the amount.
The suit should be dismissed for non-joinder of D
The plaint should be rejected for non-joinder of D
The suit should be proceeded with
The plaint should be returned to implead D.
4. A suit for specific performance of contract is dismissed. Whether a subsequent suit for compensation for breach of contract is maintainable
Yes, with permission of court, in the next suit
No
Yes, if superior court directs
None of the above.
5. Which of the following is not a Public Document within the meaning of the Indian Evidence Act, 1872
Decree passed in a civil suit
Caste Certificate issued by the competent authority
Injury certificate issued by a Medical Practitioner
None of the above.
6. Generally offer to the world at large does not make it necessary on the part of the acceptor to communicate his acceptance. This is well explained in which of the following cases
Entores Ltd. v/s Miles Far East Corporation
Carlill v/s Carbolic Smoke Ball Company
Laxman Shukla v/s Gauridatta
Hadley v/s Baxendale.
7. In which of the following cases did a Constitution Bench of the Supreme Court hold that lottery tickets are not goods
Sunrise Associates v/s NCT Delhi
Vikas Sales Corporation v/s CCT
New India Sugar Mills v/s CST
State of MP v/s Orient Paper Mills.
8. Which of the following persons are exempted from appearance at registration office under The Registration Act, 1908
A person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registration office.
A person in jail under civil or criminal process
Person exempt by law from personal appearance in court
All of the above.
9. In which of the following cases, the Supreme Court has recommended that High Courts shall adopt the model Civil Procedure Alternative Dispute Resolution and Mediation Rules framed by the Law Commission of India
Salem Bar Association Case
BSNL v/s Motorola
Standard Chartered Bank v/s HSBC
None of the above.
10. In which of the following cases, the Supreme Court held that filling up of a blank cheque by itself would not amount to forgery
Suryalakshmi Cotton Mills Ltd. v/s Rajvir Industries Ltd.
Vinod Shivappa v/s Nanda Belliappa
Hiten P. Dalal v/s Bratindranath Banerjee
None of the above.
11. Three cheques got dishonoured. A joint demand notice was sent regarding all three cheques. A single complaint regarding all three cheques is—
Maintainable
Not Maintainable
Depends
None of the above.
12. What are the essential requisites for application of the doctrine of Res Ipsa Loquitur
The thing which causes the harm must be under the control of the defendant.
Under his control an accident happens, which would not in ordinary course of things happen, without negligence.
The defendant gives no explanation
All of the above.
13. A minor is allowed to enforce a contract--
Which is of some benefit to him and under which he is required to bear no obligation.
Which is of some benefit to him without any cost
Which is of some importance to him and under which he stands to gain some material gain.
Which is of no benefit to him and under which he is required to bear obligation.
14. The definition of Cheque in electronic form and truncated cheque are introduced by the—
Negotiable Instrument (Amendments and Miscellaneous Provisions) Act, 2002.
Information Technology (Amendments and Miscellaneous Provisions) Act, 2005.
Negotiable Instruments (Amendments and Miscellaneous Provisions) Act, 2004.
None of the above.
15. Property that falls to the state for want of an heir or forfeiture is called—
Escheat
Attached property
Escrow
None of the above.
PART B
16. Briefly answer the following
" The Preamble to the Constitution sets out the aims and aspirations of the people of India ". Critically examine the above statement. 15
Discuss the efficacy of Expert Opinion under Law. 15
Examine the law relating to Minor's contract under the Indian Contract Act, 1872. 15
17. Write short notes on any three of the following
Dying Declaration 10
Ignorantia Juris Non Excusat 10
Rule of Double jeopardy 10
Lis Pendens 10
Right to privacy. 10
18. Mr. Vijay Batra aged 85 yrs old and residing at 19, Malabar Hill, Mumbai is owner of premises being Room No.3, Glady House, Fort, Mumbai 400 001. In a suit for eviction pending against his tenant Mr. Ravi Tamboli, in the Court of Small Causes, Mumbai, and bearing No. RAE Suit No. 24 of 1985, he desires to execute a Power of Attorney in favour of Mr. Rajesh Gandhi to do all acts in connection with a pending suit. Draft a Power of Attorney. 30
19. Solve the following giving reasons
Deepak, accused of committing the offence of supplying arms, informs his lawyer Swati, that he has committed the offence and wishes her to defend him. Is the communication between Deepak and Swati privileged and protected from disclosure Discuss. 7
under the influence of madness, attempts to kill A. A in attempting to defend himself caused grievous hurt to Z. Discuss liability of Z and A under the law. 8
PY-2016
PAPER-I--GENERAL KNOWLEDGE OF LAW
(Duration 3 Hours)
(Maximum Marks--150)
Instructions.(1) All questions are compulsory.
Part consists of objective type questions and Part-B consists of Descriptive type questions.
Black figures to the right indicate the full marks of the question.
Answers must be written either in English or in Hindi. However, all the questions should be answered in one language only. Answer-books written partly in English and partly in Hindi will not be evaluated.
No reference books will be given or allowed to be used.
Each question should be answered on new page and the question number must be written on the top.
The answers of parts of the same question, if any, should be written together. In other words, the answer of another questions should not be written in-between the parts of a question.
Marks will be deducted for illegible hand-writing.
Answers should indicate reasons and wherever possible references to decided cases should be given.
Answers will be evaluated on the basis of perspective, analysis and presentation.
Candidate should use only Blue or Black ink pen/Ball point pen to write the answers.
The Name, Roll No. and other entries should be written in the answer-scripts at the specified places only and these should not be written anywhere else.
PART
Total—30 Marks Marks Each)
1. Which one of the following is included within the definition of State
as per Article 12 of the Constitution for the purpose of
enforcement of fundamental rights
A partnership firm
A company established under the Companies Act
A cooperative Society
The Life Insurance Corporation of India.
2. Which of the following amendments have been introduced by the
Code of Civil Procedure (Amendment) Acts, 1999 and 2002
Number of adjournments has been restricted
Provision for out-of-court settlement introduced
Scope of appeals curtailed
All of the above.
3. A lends Rs. 1,00,000/-to B. C and D are sureties. A institutes a suit against B and C alone for recovery of the amount.
The suit should be dismissed for non-joinder of D
The plaint should be rejected for non-joinder of D
The suit should be proceeded with
The plaint should be returned to implead D.
4. A suit for specific performance of contract is dismissed. Whether a subsequent suit for compensation for breach of contract is maintainable
Yes, with permission of court, in the next suit
No
Yes, if superior court directs
None of the above.
5. Which of the following is not a Public Document within the meaning of the Indian Evidence Act, 1872
Decree passed in a civil suit
Caste Certificate issued by the competent authority
Injury certificate issued by a Medical Practitioner
None of the above.
6. Generally offer to the world at large does not make it necessary on the part of the acceptor to communicate his acceptance. This is well explained in which of the following cases
Entores Ltd. v/s Miles Far East Corporation
Carlill v/s Carbolic Smoke Ball Company
Laxman Shukla v/s Gauridatta
Hadley v/s Baxendale.
7. In which of the following cases did a Constitution Bench of the Supreme Court hold that lottery tickets are not goods
Sunrise Associates v/s NCT Delhi
Vikas Sales Corporation v/s CCT
New India Sugar Mills v/s CST
State of MP v/s Orient Paper Mills.
8. Which of the following persons are exempted from appearance at registration office under The Registration Act, 1908
A person who by reason of bodily infirmity is unable without risk or serious inconvenience to appear at the registration office.
A person in jail under civil or criminal process
Person exempt by law from personal appearance in court
All of the above.
9. In which of the following cases, the Supreme Court has recommended that High Courts shall adopt the model Civil Procedure Alternative Dispute Resolution and Mediation Rules framed by the Law Commission of India
Salem Bar Association Case
BSNL v/s Motorola
Standard Chartered Bank v/s HSBC
None of the above.
10. In which of the following cases, the Supreme Court held that filling up of a blank cheque by itself would not amount to forgery
Suryalakshmi Cotton Mills Ltd. v/s Rajvir Industries Ltd.
Vinod Shivappa v/s Nanda Belliappa
Hiten P. Dalal v/s Bratindranath Banerjee
None of the above.
11. Three cheques got dishonoured. A joint demand notice was sent regarding all three cheques. A single complaint regarding all three cheques is—
Maintainable
Not Maintainable
Depends
None of the above.
12. What are the essential requisites for application of the doctrine of Res Ipsa Loquitur
The thing which causes the harm must be under the control of the defendant.
Under his control an accident happens, which would not in ordinary course of things happen, without negligence.
The defendant gives no explanation
All of the above.
13. A minor is allowed to enforce a contract--
Which is of some benefit to him and under which he is required to bear no obligation.
Which is of some benefit to him without any cost
Which is of some importance to him and under which he stands to gain some material gain.
Which is of no benefit to him and under which he is required to bear obligation.
14. The definition of Cheque in electronic form and truncated cheque are introduced by the—
Negotiable Instrument (Amendments and Miscellaneous Provisions) Act, 2002.
Information Technology (Amendments and Miscellaneous Provisions) Act, 2005.
Negotiable Instruments (Amendments and Miscellaneous Provisions) Act, 2004.
None of the above.
15. Property that falls to the state for want of an heir or forfeiture is called—
Escheat
Attached property
Escrow
None of the above.
PART B
16. Briefly answer the following
" The Preamble to the Constitution sets out the aims and aspirations of the people of India ". Critically examine the above statement. 15
Discuss the efficacy of Expert Opinion under Law. 15
Examine the law relating to Minor's contract under the Indian Contract Act, 1872. 15
17. Write short notes on any three of the following
Dying Declaration 10
Ignorantia Juris Non Excusat 10
Rule of Double jeopardy 10
Lis Pendens 10
Right to privacy. 10
18. Mr. Vijay Batra aged 85 yrs old and residing at 19, Malabar Hill, Mumbai is owner of premises being Room No.3, Glady House, Fort, Mumbai 400 001. In a suit for eviction pending against his tenant Mr. Ravi Tamboli, in the Court of Small Causes, Mumbai, and bearing No. RAE Suit No. 24 of 1985, he desires to execute a Power of Attorney in favour of Mr. Rajesh Gandhi to do all acts in connection with a pending suit. Draft a Power of Attorney. 30
19. Solve the following giving reasons
Deepak, accused of committing the offence of supplying arms, informs his lawyer Swati, that he has committed the offence and wishes her to defend him. Is the communication between Deepak and Swati privileged and protected from disclosure Discuss. 7
under the influence of madness, attempts to kill A. A in attempting to defend himself caused grievous hurt to Z. Discuss liability of Z and A under the law. 8