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

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vos 2 A
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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

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