Exam Details
Subject | ||
Paper | ||
Exam / Course | preliminary | |
Department | ||
Organization | maharashtra public service commission | |
Position | civil judge and judicial magistrate | |
Exam Date | 2015 | |
City, State | maharashtra, |
Question Paper
100 m 3l$I. "3rR m 3l$I f,Fcrr <SI1ft "£<lTift. 3ffiT <fiR 3l"'l ;ji tt 'iiI
<illoit.. m<flll err • 3'IIIf
i
WCR1"',eH iUiCfiHi..i
•
q <ifoft 0lI<f<f :JnfUl/f<;cn (ifii'l"" '4111 i$r.
•
lIT tt .. gm,ifil 0lI<f<f 311«JlII"'" • m«'IT <riltT 31m 31ftlf.l",.. 0lI<f<f '4111
WR< •.
WI "i'lil'1ld
fuoTm,
4 "3rR "f1li";n 3lTfUT 4 m1 31$1. i"lT
;m(fql 3f1(Qf:tif;q{ji'l 3f1(qfiif;q( "'f>UCIT. 31m >I'li"it 3f1(Qfiif;q( • <1Rft "£<lTift. 1IIi..,f(" tfim crr<r«; -..it.
mRT WlR 31$1. "3rR mum <1Rft o:mn firii'I<n ¥If.t m ifiJif.t m qur ",d"M or SlI/."..,g <mT€t. 31m >I'li"it ito fuITl'li 'hiuT ql
it "fTUTT(
a'<1(qfil..,iil 1.""i..,'1 "hm'lT 3'<1Nfilif;o"iM "'fjf.<o "'sq..i<" "€IT( "€IT( 1cfi'l'€41 ihftM" .
lIT SlI/.,Qf,oil>110, <It 'ffil!T<lillml ai'lqql""" ill! tt gl/.. gm,ili..., ..gm,ili"iM 'li1tt 3l1I/Tll
100
D I
I t
fumt?; 3f1(qfiif;q{ji'l l<n or ftmm 'IiU<ff
1
vos 2 A
<iilllifllOi "IT'll/SPACE FOR ROUGH WORK
A 3 YOS
1. When did the Code of Criminal Procedure, 1973 come into force? 26th January 1973 1st April 1974 (31 1st April 1973 30th June 1976
2. How can an arrest be made by a police officer?
a.
By handcuffing the person to be arrested
b.
By touching the body or giving oral intimation of arrest in the case of a woman
c.
By confining the person to be arrested
d.
By all the above methods
Only a Only b
Both band c Only d
3. The ChiefJudicial Magistrate is empowered to impose a sentence of imprisonment
not exceeding ten years
not exceeding five years
not exceeding seven years
None of the above
4. Right of the accused to be produced before a magistrate within 24 hours is a
Fundamental Right Civil Right
Statutory Right Human Right
5. When information relating to the commission of cognisable offence is received by the officer in-charge of a Police Station
he can make enquiry and then decide whether to register an FIR or not
he has to register an FIR as a rule
he can refuse to register an FIR
he can direct the informant to seek direction from the Magistrate
vos 4 A
6. Which of the following is a correct statement?
Court of session can take cognizance of any case triable by it.
Court of session can take cognizance when complaint is filed before it.
Court of session can take cognizance when the High Court directs.
Court of session cannot take cognizance unless the case has been committed to it by the Magistrate.
7. Statement of the accused under Section 313 of the Criminal Procedure Code is
a mere statement of the accused to be used to know his defence
of no use for the prosecution in the trial
also part of the evidence in the trial
not an evidence but can be considered by the court as a matter before it
8. 'In camera' proceeding means
a proceeding recorded by video camera
a proceeding held in private place/premises
a proceeding during which the public in general or particular is not allowed to watch
a proceeding conducted in a closed room secretly
9. A Judicial Magistrate First Class can order payment as compensation to the person who sustained loss or injury by reason of the act for which the accused has been convicted:
Any reasonable amount to recompense the loss
Any amount not more than 5,000
Any amount when fine is not a part of the sentence
Any amount that the accused offers in order to get soft sentence
A 5 Y05
10. The jurisdiction and powers of Judicial Magistrate
extend throughout the Taluka wherein he is posted
extend throughout the District where he is posted
is co-extensive with the area of the Police Station within his local jurisdiction
extend to the area, as the District Judge may define by special order
11. From an order of an acquittal by the Magistrate in a complaint case, appeal lies with the
Court of Session
ChiefJudicial Magistrate
High Court
District Magistrate
12. Period of limitation for taking cognizance, if an offence is punishable with a fine only, is
one year
six months
three years
no limitation
13. In a bailable offence, the accused can claim his release on bail
not as a right, since the court can refuse his release for special reasons.
after hearing the complaint of the public prosecutor.
as a matter of right.
but it is the judicial discretion of the court to grant or not to grant bail.
14. 'Legal Representative' means
Sons and daughters of the deceased person
Authorised agent or the representative ofthe deceased
Class I heirs of the deceased
Any person who in law represents the estate ofthe deceased
Y05 6 A
15. First date of hearing ofthe suit is the date for framing ofissues the date on which the defendant is summoned to appear the date fixed for filing written statement the date on which argument on merit is to be heard
16. 'Precept' is an order issued by the court which passed the decree and addressed to
the collector to effect partition of property
another court to arrest the judgement debtor residing in the jurisdiction of that court
the other court to attach the property of the judgement debtor, specified in the precept. which is in the jurisdiction ofthat court
the revenue court to sell the property attached by the court
17. Defendant can be arrested before judgement in a suit for
partition
possession of immovable property
recovery of money. compensation
specific performance of contract to sell of immovable property
18. Executing Court has to decide under Section 47 of the Civil Procedure Code
all the questions raised between the parties to the suit
all the questions between the parties to the suit relating to execution, discharge and satisfaction ofthe decree
all the questions between the parties to suit and the third party
all the questions between the parties except those relating to delivery of property to the auction purchaser
A 7 V05
19. Which ofthe following cannot be attached in execution of decree? Government securities or bonds Undivided interest or share in the immovable property Whole ofthe salary Mortgaged property
20. Service ofthe summons/notice by advertisement in a newspaper is
an alternate mode of service
permissible when defendant resides at a distant place
permissible when plaintiff is not aware of the address of the defendant
a substituted service, when the court is satisfied that the defendant is avoiding service or he cannot be served in the ordinary way
21. Inherent powers of the Civil Court are
complementary to the powers specifically conferred, to be used when required to render justice
the powers conferred by the statutes
the powers which are not limited by statutory provisions
plenary powers of the courts
22. Temporary injunction under Rule 2 Order XXXIX of the Criminal Procedure Code can be granted
pending suit for injunction
after institution of suit, either before or even after judgement
in any suit till it is decided
before institution ofthe suit when special case is made out
23. Suit is liable to be dismissed when there is
mis-joinder of parties
non-joinder of proper party
non-joinder of necessary party
mis-joinder of causes of action
V05 8 A
24. Defendant can set up counter-claim against the claim of plaintiff
when defendant has a cause of action accrued before filing of the suit
when defendant has a cause of action accruing against the plaintiff either before or after filing of the suit
when defendant has a cause of action accrued against the plaintiff during trial
in all the circumstances mentioned above
25. 'Actio personalis moritur cum persona,' means
Personal action does not die with the person
Personal action varies from person to person
Trivial actions should not be carried to the courts
Personal action dies with the person
26. 'Audi alteram partem,' means
Alternate remedy is available
Hear the other side
Tender of pardon
Not to part with possession
27. 'Ubi jus ibi remedium,' means
Every right is attached with obligation
Right without remedy is otiose
Where there is a right, there is a remedy
None ofthe above
28. Which of the following statements of the witness is 'not admissible'
'Girl told me that she was sexually assaulted.'
'Girl was crying and complained that she was assaulted.'
'Girl was depressed and did not say anything.'
None of the above
A 9 vos
29. The terms of the written contract can be proved by oral evidence ofa witness who witnessed the execution of contract oral evidence of a witness who drafted it producing that written contract itself or by secondary evidence permissible expert evidence when
30. The expression 'Res gestae' means
The things done in the course of transaction
A thing belonging to the guest
Demeanor of the witness under examination in the court
A thing belonging to nobody
31. The expression, 'Dying declaration' means
Statement made by the person at the time ofhis death
Declaration of a person in contemplation of death
Statement of the deceased person as to his cause of death
Declaration of a person on the death-bed about disposition ofhis property
32. 'Confession' means
Any admission of the accused
Admission of the facts constituting an offence
Exculpatory statement of the accused
Self serving statement of the accused
33. 'Judgement in rem' is
Binding on the parties to the proceeding
Binding on the parties and any person claiming through such parties
A judgement that binds the world
None ofthe above
vos 10 A
34. Which of the following is not an 'evidence' within the meaning of Section 3 of the Evidence Act?
Depositions of witnesses recorded at the trial
Documents produced for inspection of the court
Electronic record produced in the proceeding
Report as to local investigation submitted by the Commissioner appointed by Court DIS 9 Order XXVI of C.P. Code
35. Opinion of the elderly persons in the society is
inadmissible in evidence being hearsay
admissible to prove general conduct and character of the parties
admissible to prove general custom or right
inadmissible as their opinion is irrelevant
36. Print-out of a photo taken with digital camera is
the original document
secondary evidence
primary evidence
neither primary nor secondary evidence
37. What is the object of 'contradicting the witness' with his previous inconsistent statement?
To challenge his veracity
To challenge his knowledge
To show he is interested witness
To fortify his veracity
A 11 Y05
38. Which ofthe following is an accurate proposition?
Lunatic is a competent witness
Lunatic is not a competent witness
Lunatic is a competent witness when he is able to understand the questions and give rational answers
None of the above
39. Adverse inference may be drawn against the party when
he did not examine himself as witness
he did not participate in the proceeding
he failed to prove material document though produced
material evidence, oral or documentary, not produced though available
40. When legal provision provides that court shall presume a fact, it is
irrebuttable presumption
permissive or discretionary presumption
rebuttable presumption
conclusive proof of the fact
41. Which of the following words is not related to the principle of 'mens rea'
Dishonestly
Voluntarily
Fraudulently
Cautiously, in good faith
42. Nothing is an offence when it is done by a child under
Five years of age
Seven years of age
Twelve years of age
Fourteen years of age
YOS 12 A
43. The accused stabbed a man who was sexually assaulting her and she caused his death. She is
guilty of culpable homicide not amounting to murder
guilty of murder
guilty of no offence
guilty ofcausing death by rash act
44. Making or publishing any imputation on someone who is dead
is no offence
amounts to an offence of defamation
amounts to defamation of his family members
is a civil wrong
45. Causing death by rash and negligent act is
accidental death
culpable homicide not amounting to murder
neither culpable homicide nor murder nor accidental death
None of the above
46. Dislodging a tooth by a blow of fist is
an offence VIS 325 IPC
an offence VIS 323 IPC
an offence VIS 324 IPC
an offence UlS 326 IPC
47. Theft is said to have been committed when the accused
moved away the property of someone else
took away the property without t.he consent of t.he owner
dishonestly took away the movable property without the consent of the person
..
m possessIOn
dishonest.ly induced a person, putting him in fear of injury, to deliver the propert.y to him
A 13 VOS
48. A man allowed his cart to proceed unattended along the road. It ran over a boy causing fracture of his leg. He has committed an offence
voluntarily causing grievous hurt
causing grievous hurt by rash and negligent act
voluntarily causing hurt
No offence at all
49. A soldier fired on a mob under the orders of his superior officer and caused death of a person. He has committed
an offence of culpable homicide not amounting to murder
no offence
murder
an offence VIS 304 A of the IPC
50. In case of an offence punishable with fine only, 'imprisonment' in default of payment of fine
shall be rigorous
shall be simple
may be rigorous
may be simple
51. The maxim, 'Ignorantia juris non excusat', means
Ignorance of fact is no excuse
Ignorance offact is good excuse
Ignorance oflaw may be good excuse
Ignorance oflaw is no excuse
52. Robbery is an aggravated form of
theft
extortion
theft and extortion
None of the above
Y05 14 A
53. Right to move the Supreme Court for enforcement of rights conferred by Part III of the Constitution is a
Natural right
Civil right
Statutory right
Fundamental right
54. Which of the following is not a right under Article ofthe Constitution?
To form association or union
To go on strike
To carry on any occupation
To assemble peaceably
55. Judiciary in India is
under Ministry of Law
under the Office of the Prime Minister
under Parliament ofIndia
independent
56. Supreme Court issues prerogative writs under Article
32 ofthe Constitution
141 of the Constitution
142 of the Constitution
98 ofthe Constitution
57. What are the qualifications for appointment as a Judge of a High Court
He must be a citizen ofIndia
He must have held a judicial office in India for at least 10 years
He must have been an advocate of a High Court for at least 10 years
All of the above
A 15 V05
58. Which provision of the Constitution recognises the right of the accused to remain silent as a Fundamental Right?
Article 19
Article 21
Article 20
Article 14
59. 'Habeas corpus' means
Inquest ofthe dead body
Production of the corpse for investigation
Direction to produce the person before the court
Direction to produce the dead body
60. Fundamental Rights are found in
Part III ofthe Constitution ofIndia
Part II of the Constitution ofIndia
Human Rights Act
Part IV of the Constitution ofIndia
61. ChiefJustice of India and other Judges of the Supreme Court continue to hold office until they attain the age of
62 years
60 years
65 years
58 years
62. Which of the following territories are under the jurisdiction of the High Court of Bombay?
Maharashtra
Goa, Daman and Diu
Dadra and Nagar Haveli
All of the above
vos 16 A
63. Executive Powers of the Union of India vest in the
President ofIndia Prime Minister of India Council of Ministers Parliament
64. 'Amicus Curiae', means
Legal aid counsel
Advocate of the indigent person
Advocate of any party
Friend of the court (Advocate) appointed to assist it
65. The expression, means
Amassing property by cheating
Causing wrongful loss to others by cheating
Lapsing of property to the State on the death of owner leaving behind no will or heirs
None of the above
66. Agreement in restraint of marriage of anybody is
Voidable at the option of the promisor
Void
Valid
Voidable at the option of the promisee
67. A contract of insurance is a
Contract of guarantee
Contract of agency
Contract of indemnity
None of the above
A 17 V05
68. Voidable contract is
not enforceable by law enforceable by law at the option of one or more of the parties enforceable at the instance of any party but at the discretion of the court enforceable even by the third party if the court considers it equitable
69. The expression 'liquidated damages' means
Penalty to be paid by the party who commits breach of contract
Earnest money paid
An amount stipulated in the contract as damages which can be recovered by one party ifthe other party breaches it
Damages ascertained by the court payable by a party who commits breach
70. B offers A for his car 2,00,0001-and the car is to be delivered on the next day by driver. B gave a post-dated cheque of next month. A accepted the offer and the cheque. When would that car become a property of B
On the next day when B would get delivery of the car
On encashment ofthe post-dated cheque
On the date of cheque
As soon as the offer is accepted by A i.e. on the same day
71. Which of the following agreements is not a contract for unlawful consideration or object?
a.
A promises to maintain child and B promises to pay " 50001-per month toA.
b.
A promises B to drop a prosecution he has instituted for robbery and B promises to pay restoration value of the things robbed.
c.
A promises to pay 50,000 to if he procures an employment in the public servIce.
d.
A agreed to let his house for monthly rent of 50001-to wherein the latter would run a gambling business.
Justb aandb
bandc b,candd
V05 18 A
72. Oral contract is a Valid contract Voidable contract Invalid contract Not enforceable for uncertainty
73. Finder of the goods becomes a bailor an owner a bailee a trustee
74. Who amongst the following is not competent to contract
Convict undergoing imprisonment Illiterate
A person who is on the death-bed Minor
75. In a suit for possession of immovable property, when the plaintiff is alleged to have dispossessed without due process oflaw, the court has to decide whether the
Plaintiff is the owner
Plaintiff was in settled possession
Defendant is the owner
Plaintiff is dispossessed without his consent, within six months
76. In a suit for specific performance of contract, the court may award compensation
if the court decides that specific performance ought not be granted but there is a breach of contract by the defendant, even if not claimed
if the court finds that the contract is voidable at the option of the defendant
if the contract is void
if the court decides that specific performance ought not be granted but there is a breach of contract and plaintiff claimed compensation in his plaint
77. Which ofthe following propositions is wrong? Injunction should not be granted
to restrain a person from instituting criminal proceeding
to prevent breach in which plaintiff acquiesced
when plaintiffhas no personal interest
when invasion on right is such that compensation would be an adequate relief
A 19 Y05
78. Who amongst the following cannot sue for specific performance of a contract
Parties to contract
Representative in the interest of any party
A person to whom the right to sue is assigned by the party to contract
Reversioner in possession where contract was entered into by a predecessor in title
79. Jurisdiction of the court to enforce specific performance of contract is
discretionary
absolute
plenary
general
80. Temporary Mandatory injunction can be granted
when prima-facie case is made out
in rare cases to restore status-quo ante
when serious injury would be caused to the plaintiff
when prohibitory injunction would not be a proper remedy
81. Which of the following cannot be transferred?
a.
A chance of succession after the death of kinsman
b.
An easement apart from the dominant heritage
c.
Actionable claim
d.
Goodwill of the business
Only a Only b
Botha andc Botha andb
82. Which of the following documents requires attestation by two witnesses?
Lease deed
Sale deed
Gift deed
Release deed
vos 20 A
83. 'Tenant holding is
a trespasser in the eyes oflaw
erstwhile tenant who after tennination of tenancy did not vacate premises
old lessee who despite termination of lease is allowed by lessor to continue possession
tenant at sufferance
84. Who, other than the mortgagor, has a right to sue for redemption of mortgage?
A person interested in the mortgagor
Surety for the payment of mortgage debt
Unsecured creditor
None of the above
85. When claim made in a suit is barred by law of limitation
Plaint is to be rejected
Plaint is to be returned
Suit is to be dismissed
Suit can be tried if not objected
86. Suit for recovery of price of the goods sold on credit is to be filed
within three years from the date of sale
within three years after the period of credit
within three years from the date of demand in writing
within three years after service oflegal notice
87. Application for execution of decree other than the injunction is to be made within
Six years from the date of decree
Three years from the date of decree
Twelve years from the date of decree
No limitation
A 21 YD5
88. What is the effect of acknowledgement of debt after the period oflimitation It is of no use to bring the claim within limitation It will give fresh cause of action to file suit It will extend the period of limitation None of the above is correct
89. For bringing on record Legal Representatives of the deceased party, application is to be made within
Thirty days from the date of death of such a party
Ninety days from the date of death of such a party
Ninety days from the knowledge of the death ofsuch a party
Sixty days from the date of death of such a party
90. Suit for specific performance of contract is to be filed within
Three years from the date the contract is sought to be enforced
Three years from the date fixed for the performance, if no such date is fixed from the date ofrefusal by the defendant
Twelve years from the date of contract
Six years from the date of refusal of the defendant to perform the contract
91. Partnership is
a joint venture of two or more persons who agreed to share profits of a business
a legal entity independent of its partner
a business done by two or more persons who agreed to share the loss
None of the above
92. When is partnership called a 'partnership at will'
When it is to be dissolved on happening of some event
Where there is no provision in the contract about duration or determination of partnership
Where there is no provision in the contract as regards duration and it is to be continued till the work, that the partners have undertaken is completed
None of the above
vos 22 A
93. 'Caveat emptor,' means
Let the buyer beware
Vendor to disclose the defect
There is warranty as to quality and fitness of the goods sold
None of the above
94. Seller has right ofstoppage of goods in transit when
Cheque given by the buyer bounces
Buyer despite promise fails to pay the price of goods
Buyer becomes insolvent
In none ofthe above situations
95. Maharashtra Rent Control Act is not applicable to the premises let to
Public Sector Undertakings or Statutory Corporations
any Private Limited Company
any Co-operative Society
any Charitable Trust
96. Who would be the tenant of residential premises after the death of the tenant?
Wife of the deceased tenant
Elder son of the deceased tenant
All the members of the family of deceased tenant
Any member of the deceased tenant's family who was residing with the tenant at the time ofhis death
A 23 YOS
97. The under Section 33 of the Maharashtra Rent Control Act is
Court of small causes where it is established under any law, if not, then Court of Civil Judge Junior Division
Court of Civil Judge Senior Division and ifthere is no court of such Civil Judge, the Court of Civil Judge Junior Division
Court of Chief Judicial Magistrate
Court of District Judge
98. Under the provisions of the Maharashtra Rent Control Act transfer of tenanted premises is
absolutely prohibited
not wholly barred, it can be bequeathed
permissible when contract provides that premises can be sub-let or given on leave and licence
partially prohibited, without creating interest, premises can be given on leave and licence
99. No suit for eviction, on the ground of arrears of rent, can be filed
unless tenant is in arrears of rent of more than six months
until the expiration of ninety days next after notice of demand of rent is served on the tenant
unless tenant is in arrears of rent of the period more than three months
unless tenant is a habitual defaulter
100. Is an agreement of tenancy on leave and licence compulsorily required to be registered
Such an agreement is required to be registered
Only tenancy agreement is required to be registered
Only tenancy agreement for a term of one year or more needs to be registered
Agreement ofleave and licence for any period or term need not be registered
vos 24 A
'IiTlI <wit. mglf<!if>"'IRtftifu 3i1(qf!lif>'"H err 'IiTlI it q;ftft 'fi(0111""11 :$rf.t
q
ontt 6f>(011lill'ld-ii
q :m1UT m ('fiq""ll
311<irTf.t 'R<iRTft lffif -.rtt&IT 3i1Nf"iliil' ftm«rr <mr
Pick out the correct word to fill in the blank:
Q.No. 201. I congratulate you your grand success.
for at
on WI lli. 2 on" 01 31il "3 about qr '-9111if<lid
"!I.lli. 201.
31'W "j'fGT or g(folJlrl' 3i1(Qf!lif>'lft", <"IT <"IT 0111if.'t>d iil'Cllfhll mf€t mf€t
<51+11(1161 SPACE FOR ROUGH WORK
<illoit.. m<flll err • 3'IIIf
i
WCR1"',eH iUiCfiHi..i
•
q <ifoft 0lI<f<f :JnfUl/f<;cn (ifii'l"" '4111 i$r.
•
lIT tt .. gm,ifil 0lI<f<f 311«JlII"'" • m«'IT <riltT 31m 31ftlf.l",.. 0lI<f<f '4111
WR< •.
WI "i'lil'1ld
fuoTm,
4 "3rR "f1li";n 3lTfUT 4 m1 31$1. i"lT
;m(fql 3f1(Qf:tif;q{ji'l 3f1(qfiif;q( "'f>UCIT. 31m >I'li"it 3f1(Qfiif;q( • <1Rft "£<lTift. 1IIi..,f(" tfim crr<r«; -..it.
mRT WlR 31$1. "3rR mum <1Rft o:mn firii'I<n ¥If.t m ifiJif.t m qur ",d"M or SlI/."..,g <mT€t. 31m >I'li"it ito fuITl'li 'hiuT ql
it "fTUTT(
a'<1(qfil..,iil 1.""i..,'1 "hm'lT 3'<1Nfilif;o"iM "'fjf.<o "'sq..i<" "€IT( "€IT( 1cfi'l'€41 ihftM" .
lIT SlI/.,Qf,oil>110, <It 'ffil!T<lillml ai'lqql""" ill! tt gl/.. gm,ili..., ..gm,ili"iM 'li1tt 3l1I/Tll
100
D I
I t
fumt?; 3f1(qfiif;q{ji'l l<n or ftmm 'IiU<ff
1
vos 2 A
<iilllifllOi "IT'll/SPACE FOR ROUGH WORK
A 3 YOS
1. When did the Code of Criminal Procedure, 1973 come into force? 26th January 1973 1st April 1974 (31 1st April 1973 30th June 1976
2. How can an arrest be made by a police officer?
a.
By handcuffing the person to be arrested
b.
By touching the body or giving oral intimation of arrest in the case of a woman
c.
By confining the person to be arrested
d.
By all the above methods
Only a Only b
Both band c Only d
3. The ChiefJudicial Magistrate is empowered to impose a sentence of imprisonment
not exceeding ten years
not exceeding five years
not exceeding seven years
None of the above
4. Right of the accused to be produced before a magistrate within 24 hours is a
Fundamental Right Civil Right
Statutory Right Human Right
5. When information relating to the commission of cognisable offence is received by the officer in-charge of a Police Station
he can make enquiry and then decide whether to register an FIR or not
he has to register an FIR as a rule
he can refuse to register an FIR
he can direct the informant to seek direction from the Magistrate
vos 4 A
6. Which of the following is a correct statement?
Court of session can take cognizance of any case triable by it.
Court of session can take cognizance when complaint is filed before it.
Court of session can take cognizance when the High Court directs.
Court of session cannot take cognizance unless the case has been committed to it by the Magistrate.
7. Statement of the accused under Section 313 of the Criminal Procedure Code is
a mere statement of the accused to be used to know his defence
of no use for the prosecution in the trial
also part of the evidence in the trial
not an evidence but can be considered by the court as a matter before it
8. 'In camera' proceeding means
a proceeding recorded by video camera
a proceeding held in private place/premises
a proceeding during which the public in general or particular is not allowed to watch
a proceeding conducted in a closed room secretly
9. A Judicial Magistrate First Class can order payment as compensation to the person who sustained loss or injury by reason of the act for which the accused has been convicted:
Any reasonable amount to recompense the loss
Any amount not more than 5,000
Any amount when fine is not a part of the sentence
Any amount that the accused offers in order to get soft sentence
A 5 Y05
10. The jurisdiction and powers of Judicial Magistrate
extend throughout the Taluka wherein he is posted
extend throughout the District where he is posted
is co-extensive with the area of the Police Station within his local jurisdiction
extend to the area, as the District Judge may define by special order
11. From an order of an acquittal by the Magistrate in a complaint case, appeal lies with the
Court of Session
ChiefJudicial Magistrate
High Court
District Magistrate
12. Period of limitation for taking cognizance, if an offence is punishable with a fine only, is
one year
six months
three years
no limitation
13. In a bailable offence, the accused can claim his release on bail
not as a right, since the court can refuse his release for special reasons.
after hearing the complaint of the public prosecutor.
as a matter of right.
but it is the judicial discretion of the court to grant or not to grant bail.
14. 'Legal Representative' means
Sons and daughters of the deceased person
Authorised agent or the representative ofthe deceased
Class I heirs of the deceased
Any person who in law represents the estate ofthe deceased
Y05 6 A
15. First date of hearing ofthe suit is the date for framing ofissues the date on which the defendant is summoned to appear the date fixed for filing written statement the date on which argument on merit is to be heard
16. 'Precept' is an order issued by the court which passed the decree and addressed to
the collector to effect partition of property
another court to arrest the judgement debtor residing in the jurisdiction of that court
the other court to attach the property of the judgement debtor, specified in the precept. which is in the jurisdiction ofthat court
the revenue court to sell the property attached by the court
17. Defendant can be arrested before judgement in a suit for
partition
possession of immovable property
recovery of money. compensation
specific performance of contract to sell of immovable property
18. Executing Court has to decide under Section 47 of the Civil Procedure Code
all the questions raised between the parties to the suit
all the questions between the parties to the suit relating to execution, discharge and satisfaction ofthe decree
all the questions between the parties to suit and the third party
all the questions between the parties except those relating to delivery of property to the auction purchaser
A 7 V05
19. Which ofthe following cannot be attached in execution of decree? Government securities or bonds Undivided interest or share in the immovable property Whole ofthe salary Mortgaged property
20. Service ofthe summons/notice by advertisement in a newspaper is
an alternate mode of service
permissible when defendant resides at a distant place
permissible when plaintiff is not aware of the address of the defendant
a substituted service, when the court is satisfied that the defendant is avoiding service or he cannot be served in the ordinary way
21. Inherent powers of the Civil Court are
complementary to the powers specifically conferred, to be used when required to render justice
the powers conferred by the statutes
the powers which are not limited by statutory provisions
plenary powers of the courts
22. Temporary injunction under Rule 2 Order XXXIX of the Criminal Procedure Code can be granted
pending suit for injunction
after institution of suit, either before or even after judgement
in any suit till it is decided
before institution ofthe suit when special case is made out
23. Suit is liable to be dismissed when there is
mis-joinder of parties
non-joinder of proper party
non-joinder of necessary party
mis-joinder of causes of action
V05 8 A
24. Defendant can set up counter-claim against the claim of plaintiff
when defendant has a cause of action accrued before filing of the suit
when defendant has a cause of action accruing against the plaintiff either before or after filing of the suit
when defendant has a cause of action accrued against the plaintiff during trial
in all the circumstances mentioned above
25. 'Actio personalis moritur cum persona,' means
Personal action does not die with the person
Personal action varies from person to person
Trivial actions should not be carried to the courts
Personal action dies with the person
26. 'Audi alteram partem,' means
Alternate remedy is available
Hear the other side
Tender of pardon
Not to part with possession
27. 'Ubi jus ibi remedium,' means
Every right is attached with obligation
Right without remedy is otiose
Where there is a right, there is a remedy
None ofthe above
28. Which of the following statements of the witness is 'not admissible'
'Girl told me that she was sexually assaulted.'
'Girl was crying and complained that she was assaulted.'
'Girl was depressed and did not say anything.'
None of the above
A 9 vos
29. The terms of the written contract can be proved by oral evidence ofa witness who witnessed the execution of contract oral evidence of a witness who drafted it producing that written contract itself or by secondary evidence permissible expert evidence when
30. The expression 'Res gestae' means
The things done in the course of transaction
A thing belonging to the guest
Demeanor of the witness under examination in the court
A thing belonging to nobody
31. The expression, 'Dying declaration' means
Statement made by the person at the time ofhis death
Declaration of a person in contemplation of death
Statement of the deceased person as to his cause of death
Declaration of a person on the death-bed about disposition ofhis property
32. 'Confession' means
Any admission of the accused
Admission of the facts constituting an offence
Exculpatory statement of the accused
Self serving statement of the accused
33. 'Judgement in rem' is
Binding on the parties to the proceeding
Binding on the parties and any person claiming through such parties
A judgement that binds the world
None ofthe above
vos 10 A
34. Which of the following is not an 'evidence' within the meaning of Section 3 of the Evidence Act?
Depositions of witnesses recorded at the trial
Documents produced for inspection of the court
Electronic record produced in the proceeding
Report as to local investigation submitted by the Commissioner appointed by Court DIS 9 Order XXVI of C.P. Code
35. Opinion of the elderly persons in the society is
inadmissible in evidence being hearsay
admissible to prove general conduct and character of the parties
admissible to prove general custom or right
inadmissible as their opinion is irrelevant
36. Print-out of a photo taken with digital camera is
the original document
secondary evidence
primary evidence
neither primary nor secondary evidence
37. What is the object of 'contradicting the witness' with his previous inconsistent statement?
To challenge his veracity
To challenge his knowledge
To show he is interested witness
To fortify his veracity
A 11 Y05
38. Which ofthe following is an accurate proposition?
Lunatic is a competent witness
Lunatic is not a competent witness
Lunatic is a competent witness when he is able to understand the questions and give rational answers
None of the above
39. Adverse inference may be drawn against the party when
he did not examine himself as witness
he did not participate in the proceeding
he failed to prove material document though produced
material evidence, oral or documentary, not produced though available
40. When legal provision provides that court shall presume a fact, it is
irrebuttable presumption
permissive or discretionary presumption
rebuttable presumption
conclusive proof of the fact
41. Which of the following words is not related to the principle of 'mens rea'
Dishonestly
Voluntarily
Fraudulently
Cautiously, in good faith
42. Nothing is an offence when it is done by a child under
Five years of age
Seven years of age
Twelve years of age
Fourteen years of age
YOS 12 A
43. The accused stabbed a man who was sexually assaulting her and she caused his death. She is
guilty of culpable homicide not amounting to murder
guilty of murder
guilty of no offence
guilty ofcausing death by rash act
44. Making or publishing any imputation on someone who is dead
is no offence
amounts to an offence of defamation
amounts to defamation of his family members
is a civil wrong
45. Causing death by rash and negligent act is
accidental death
culpable homicide not amounting to murder
neither culpable homicide nor murder nor accidental death
None of the above
46. Dislodging a tooth by a blow of fist is
an offence VIS 325 IPC
an offence VIS 323 IPC
an offence VIS 324 IPC
an offence UlS 326 IPC
47. Theft is said to have been committed when the accused
moved away the property of someone else
took away the property without t.he consent of t.he owner
dishonestly took away the movable property without the consent of the person
..
m possessIOn
dishonest.ly induced a person, putting him in fear of injury, to deliver the propert.y to him
A 13 VOS
48. A man allowed his cart to proceed unattended along the road. It ran over a boy causing fracture of his leg. He has committed an offence
voluntarily causing grievous hurt
causing grievous hurt by rash and negligent act
voluntarily causing hurt
No offence at all
49. A soldier fired on a mob under the orders of his superior officer and caused death of a person. He has committed
an offence of culpable homicide not amounting to murder
no offence
murder
an offence VIS 304 A of the IPC
50. In case of an offence punishable with fine only, 'imprisonment' in default of payment of fine
shall be rigorous
shall be simple
may be rigorous
may be simple
51. The maxim, 'Ignorantia juris non excusat', means
Ignorance of fact is no excuse
Ignorance offact is good excuse
Ignorance oflaw may be good excuse
Ignorance oflaw is no excuse
52. Robbery is an aggravated form of
theft
extortion
theft and extortion
None of the above
Y05 14 A
53. Right to move the Supreme Court for enforcement of rights conferred by Part III of the Constitution is a
Natural right
Civil right
Statutory right
Fundamental right
54. Which of the following is not a right under Article ofthe Constitution?
To form association or union
To go on strike
To carry on any occupation
To assemble peaceably
55. Judiciary in India is
under Ministry of Law
under the Office of the Prime Minister
under Parliament ofIndia
independent
56. Supreme Court issues prerogative writs under Article
32 ofthe Constitution
141 of the Constitution
142 of the Constitution
98 ofthe Constitution
57. What are the qualifications for appointment as a Judge of a High Court
He must be a citizen ofIndia
He must have held a judicial office in India for at least 10 years
He must have been an advocate of a High Court for at least 10 years
All of the above
A 15 V05
58. Which provision of the Constitution recognises the right of the accused to remain silent as a Fundamental Right?
Article 19
Article 21
Article 20
Article 14
59. 'Habeas corpus' means
Inquest ofthe dead body
Production of the corpse for investigation
Direction to produce the person before the court
Direction to produce the dead body
60. Fundamental Rights are found in
Part III ofthe Constitution ofIndia
Part II of the Constitution ofIndia
Human Rights Act
Part IV of the Constitution ofIndia
61. ChiefJustice of India and other Judges of the Supreme Court continue to hold office until they attain the age of
62 years
60 years
65 years
58 years
62. Which of the following territories are under the jurisdiction of the High Court of Bombay?
Maharashtra
Goa, Daman and Diu
Dadra and Nagar Haveli
All of the above
vos 16 A
63. Executive Powers of the Union of India vest in the
President ofIndia Prime Minister of India Council of Ministers Parliament
64. 'Amicus Curiae', means
Legal aid counsel
Advocate of the indigent person
Advocate of any party
Friend of the court (Advocate) appointed to assist it
65. The expression, means
Amassing property by cheating
Causing wrongful loss to others by cheating
Lapsing of property to the State on the death of owner leaving behind no will or heirs
None of the above
66. Agreement in restraint of marriage of anybody is
Voidable at the option of the promisor
Void
Valid
Voidable at the option of the promisee
67. A contract of insurance is a
Contract of guarantee
Contract of agency
Contract of indemnity
None of the above
A 17 V05
68. Voidable contract is
not enforceable by law enforceable by law at the option of one or more of the parties enforceable at the instance of any party but at the discretion of the court enforceable even by the third party if the court considers it equitable
69. The expression 'liquidated damages' means
Penalty to be paid by the party who commits breach of contract
Earnest money paid
An amount stipulated in the contract as damages which can be recovered by one party ifthe other party breaches it
Damages ascertained by the court payable by a party who commits breach
70. B offers A for his car 2,00,0001-and the car is to be delivered on the next day by driver. B gave a post-dated cheque of next month. A accepted the offer and the cheque. When would that car become a property of B
On the next day when B would get delivery of the car
On encashment ofthe post-dated cheque
On the date of cheque
As soon as the offer is accepted by A i.e. on the same day
71. Which of the following agreements is not a contract for unlawful consideration or object?
a.
A promises to maintain child and B promises to pay " 50001-per month toA.
b.
A promises B to drop a prosecution he has instituted for robbery and B promises to pay restoration value of the things robbed.
c.
A promises to pay 50,000 to if he procures an employment in the public servIce.
d.
A agreed to let his house for monthly rent of 50001-to wherein the latter would run a gambling business.
Justb aandb
bandc b,candd
V05 18 A
72. Oral contract is a Valid contract Voidable contract Invalid contract Not enforceable for uncertainty
73. Finder of the goods becomes a bailor an owner a bailee a trustee
74. Who amongst the following is not competent to contract
Convict undergoing imprisonment Illiterate
A person who is on the death-bed Minor
75. In a suit for possession of immovable property, when the plaintiff is alleged to have dispossessed without due process oflaw, the court has to decide whether the
Plaintiff is the owner
Plaintiff was in settled possession
Defendant is the owner
Plaintiff is dispossessed without his consent, within six months
76. In a suit for specific performance of contract, the court may award compensation
if the court decides that specific performance ought not be granted but there is a breach of contract by the defendant, even if not claimed
if the court finds that the contract is voidable at the option of the defendant
if the contract is void
if the court decides that specific performance ought not be granted but there is a breach of contract and plaintiff claimed compensation in his plaint
77. Which ofthe following propositions is wrong? Injunction should not be granted
to restrain a person from instituting criminal proceeding
to prevent breach in which plaintiff acquiesced
when plaintiffhas no personal interest
when invasion on right is such that compensation would be an adequate relief
A 19 Y05
78. Who amongst the following cannot sue for specific performance of a contract
Parties to contract
Representative in the interest of any party
A person to whom the right to sue is assigned by the party to contract
Reversioner in possession where contract was entered into by a predecessor in title
79. Jurisdiction of the court to enforce specific performance of contract is
discretionary
absolute
plenary
general
80. Temporary Mandatory injunction can be granted
when prima-facie case is made out
in rare cases to restore status-quo ante
when serious injury would be caused to the plaintiff
when prohibitory injunction would not be a proper remedy
81. Which of the following cannot be transferred?
a.
A chance of succession after the death of kinsman
b.
An easement apart from the dominant heritage
c.
Actionable claim
d.
Goodwill of the business
Only a Only b
Botha andc Botha andb
82. Which of the following documents requires attestation by two witnesses?
Lease deed
Sale deed
Gift deed
Release deed
vos 20 A
83. 'Tenant holding is
a trespasser in the eyes oflaw
erstwhile tenant who after tennination of tenancy did not vacate premises
old lessee who despite termination of lease is allowed by lessor to continue possession
tenant at sufferance
84. Who, other than the mortgagor, has a right to sue for redemption of mortgage?
A person interested in the mortgagor
Surety for the payment of mortgage debt
Unsecured creditor
None of the above
85. When claim made in a suit is barred by law of limitation
Plaint is to be rejected
Plaint is to be returned
Suit is to be dismissed
Suit can be tried if not objected
86. Suit for recovery of price of the goods sold on credit is to be filed
within three years from the date of sale
within three years after the period of credit
within three years from the date of demand in writing
within three years after service oflegal notice
87. Application for execution of decree other than the injunction is to be made within
Six years from the date of decree
Three years from the date of decree
Twelve years from the date of decree
No limitation
A 21 YD5
88. What is the effect of acknowledgement of debt after the period oflimitation It is of no use to bring the claim within limitation It will give fresh cause of action to file suit It will extend the period of limitation None of the above is correct
89. For bringing on record Legal Representatives of the deceased party, application is to be made within
Thirty days from the date of death of such a party
Ninety days from the date of death of such a party
Ninety days from the knowledge of the death ofsuch a party
Sixty days from the date of death of such a party
90. Suit for specific performance of contract is to be filed within
Three years from the date the contract is sought to be enforced
Three years from the date fixed for the performance, if no such date is fixed from the date ofrefusal by the defendant
Twelve years from the date of contract
Six years from the date of refusal of the defendant to perform the contract
91. Partnership is
a joint venture of two or more persons who agreed to share profits of a business
a legal entity independent of its partner
a business done by two or more persons who agreed to share the loss
None of the above
92. When is partnership called a 'partnership at will'
When it is to be dissolved on happening of some event
Where there is no provision in the contract about duration or determination of partnership
Where there is no provision in the contract as regards duration and it is to be continued till the work, that the partners have undertaken is completed
None of the above
vos 22 A
93. 'Caveat emptor,' means
Let the buyer beware
Vendor to disclose the defect
There is warranty as to quality and fitness of the goods sold
None of the above
94. Seller has right ofstoppage of goods in transit when
Cheque given by the buyer bounces
Buyer despite promise fails to pay the price of goods
Buyer becomes insolvent
In none ofthe above situations
95. Maharashtra Rent Control Act is not applicable to the premises let to
Public Sector Undertakings or Statutory Corporations
any Private Limited Company
any Co-operative Society
any Charitable Trust
96. Who would be the tenant of residential premises after the death of the tenant?
Wife of the deceased tenant
Elder son of the deceased tenant
All the members of the family of deceased tenant
Any member of the deceased tenant's family who was residing with the tenant at the time ofhis death
A 23 YOS
97. The under Section 33 of the Maharashtra Rent Control Act is
Court of small causes where it is established under any law, if not, then Court of Civil Judge Junior Division
Court of Civil Judge Senior Division and ifthere is no court of such Civil Judge, the Court of Civil Judge Junior Division
Court of Chief Judicial Magistrate
Court of District Judge
98. Under the provisions of the Maharashtra Rent Control Act transfer of tenanted premises is
absolutely prohibited
not wholly barred, it can be bequeathed
permissible when contract provides that premises can be sub-let or given on leave and licence
partially prohibited, without creating interest, premises can be given on leave and licence
99. No suit for eviction, on the ground of arrears of rent, can be filed
unless tenant is in arrears of rent of more than six months
until the expiration of ninety days next after notice of demand of rent is served on the tenant
unless tenant is in arrears of rent of the period more than three months
unless tenant is a habitual defaulter
100. Is an agreement of tenancy on leave and licence compulsorily required to be registered
Such an agreement is required to be registered
Only tenancy agreement is required to be registered
Only tenancy agreement for a term of one year or more needs to be registered
Agreement ofleave and licence for any period or term need not be registered
vos 24 A
'IiTlI <wit. mglf<!if>"'IRtftifu 3i1(qf!lif>'"H err 'IiTlI it q;ftft 'fi(0111""11 :$rf.t
q
ontt 6f>(011lill'ld-ii
q :m1UT m ('fiq""ll
311<irTf.t 'R<iRTft lffif -.rtt&IT 3i1Nf"iliil' ftm«rr <mr
Pick out the correct word to fill in the blank:
Q.No. 201. I congratulate you your grand success.
for at
on WI lli. 2 on" 01 31il "3 about qr '-9111if<lid
"!I.lli. 201.
31'W "j'fGT or g(folJlrl' 3i1(Qf!lif>'lft", <"IT <"IT 0111if.'t>d iil'Cllfhll mf€t mf€t
<51+11(1161 SPACE FOR ROUGH WORK