Exam Details
Subject | ||
Paper | ||
Exam / Course | preliminary | |
Department | ||
Organization | maharashtra public service commission | |
Position | civil judge and judicial magistrate | |
Exam Date | 2012 | |
City, State | maharashtra, |
Question Paper
100
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1. Summons of Court can be served by Only a police officer Public servant An officer of the Court Any of them
2. Under code of criminal procedure substituted service of summons can be made
By a Registered Post By Courier
By affixing summons on the house None of it
3. Under S. 97 of the code of criminal procedure search warrant to find out a person can be issued if
The person is absconding The person is unlawfully confined
The person is missing Where-abouts of such a person are not known
4. U/S 107 of the code of criminal procedure, Executive Magistrate can obtain bond from a person if
The person is habitual offender
The person is likely to abscond
The person is likely to commit a breach of peace
The person frequently quarrels with his neighbourer
5. A divorced wife is entitled to maintenance from her husband
Till she re-marries Till her son becomes major
Till she is employed Till her death
6. Executive Magistrate can put a party in possession of immovable property
Upon the police report that a dispute in respect of such property is likely to disturb public peace
If that party is dispossessed unlawfully
If the rival party denies to deliver possession of a property though such party is owner of it
None of the above
7. In a Private Complaint case process can be issued against an accused after
Complaint in writing is presented to the Court
Complainant's statement on oath is recorded
The Magistrate is of the opinion that there is sufficient ground to proceed with the case
Police upon investigation submit a report that there is sufficient ground to proceed with the case
8. Any defect in charge
Can be cured by amending it in any case
Cannot be cured if such amendment is likely to cause serious prejudice to the accused
Can be cured by amending it though it causes prejudice to the accused
Can be cured by amending it with a direction to retrial if such amendment is causing prejudice to the accused
A p.T.a.
9. Statement of an accused is recorded
To give him opportunity to state his defence
To enable him to explain circumstances appearing in the evidence against him
To extract the truth from his mouth
To verify whether he can be released on probation
10. The Court on application for plea bargaining by the accused, to satisfy itself that it is made
voluntarily
Examines him in open Court Examines him in Camera
Records his evidence on Oath Seeks his affidavit
11. "Decree" means
Extract of the judgment
Bill of costs
Reasons for which the suit is decreed or dismissed
Formal expression of the Court of an adjudication determining the rights of parties
12. "judgement" means
Part of the decree
Statement of the Judges on the grounds of decree or order
Adjudication of right
None of the above
13. If objection to the jurisdiction of the Court is taken at the hearing of any application for interim relief-the Court shall proceed to
The trial of the suit immediately
Frame the issues
Decide interim application before framing preliminary issue of jurisdiction
To determine issue as to the jurisdiction
14. Res-judicata means
Staying the suit during pendency of the previous suit between the same parties involving similar issues
Not trying the suit if suit involving similar issues between similar parties is decided
Bar to further suit
Expediting trial of the suit
15. Objection to the territorial jurisdiction of a Court can be allowed if it is raised
At any stage of the trial
At anytime before the plaintiff leads his evidence
At the earliest possible opportunity and before issues are settled
Even at the stage of appeal
A
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16. In case of a decree for the payment of money, the Court can order interest at the rate of
per annum 12% per annum per annum 15% per annum
17. Under the inherent powers of the Civil Court, it can pass orders
To refer the matter to Mediator
Necessary for the ends of justice or to prevent abuse of the process of the Court
For compelling the parties to settle their case
For compelling a plaintiff to withdraw his suit
18. Defendant can claim temporary injunction in a suit filed by the plaintiff
To prevent the suit property being alienated or damaged
To prevent the plaintiff from dispossessing defendant from the suit property
To prevent the plaintiff from causing any legal injury to the plaintiff
All of the above
19. The defendant shall present his written statement within days from the service of
summons upon him.
90 120 30 60
20. Where any period is fixed or granted by the Court for doing an act prescribed by the Code of Civil Procedure, the Court may enlarge such period
Not exceeding 90 days in total Not exceeding 30 days in total
Not exceeding 60 days in total Not exceeding 120 days in total
21. Where a thirty years old document is produced before the Court, it may presume
That the facts stated in the document are proved
That the document is duly executed
That the content of it are proved
All the above
22. A document can be proved
By producing it before the Court
By examining the party who has produced it
By examining the person in whose hand writing the document is written or signed
By examining the person in whose favour the document is executed
23. A confessional statement made before police
is admissible
is not admissible
is admissible only if it relates to a fact discovered in consequence of it
is admissible if it is made on oath in writing
A PoToO.
F01 6 1111111111111111111111111
24. Admission is
a conclusive proof of the fact stated therein not a conclusive proof but operates only as estoppel a weak piece of evidence an evidence on which the Court can act
25. Admission means
statement made before Court
statement made in a document
statement swggesting inference as to any fact in issue
none of the above
26. A fact is relevant
if it is mentioned in the pleadings
if it is mentioned in the document relied by any of the parties
if it is connected with a fact in issue so as to form part of the same transaction
all the above
27. A fact is said to be proved
if it is admitted
if it is incorporated in a document
if it is not denied
if its existence is so probable that a prudent man would accept it as existing
28. Evidence means and includes
statements before police
statements in pleadings
statements of witnesses required to be made before the Court
all of the above
29. Primary evidence of a document means
It's certified copy It's xerox copy
Document itself Authenticated copy
30. A child born out of valid marriage can be proved to be legitimate child of the husband if it is born within of its dissolution.
280 days One year Nine months None of the above
31. Which of these cannot be lawfully transferred as per Transfer of Property Act, 1882
Salary of public officer Machinery attached to land
Property yielding income Paddy field
A
1111111111111111111111111 7 F01
32. As per Sec. 6 of Transfer of Property Act, 1882, an easement apart from the dominant heritage. Can Cannot May Must be transferred
33. Which of these is immovable property as per the provisions of Transfer of Property Act, 1882
Standing timber Grass Fruit trees Growing crops
34. The term "transfer" under the Transfer of Property Act, 1882, refers to
Partly or whole transfer Absolute or conditional transfer
Contingent transfer Both and are correct
35. As per Sec. 9 of Transfer of Property Act, 1882, oral transfers are
Valid Voidable
Conditionally valid Illegal
36. Under the provision of Transfer of Property Act, the unborn child acquires vested interest Upon his birth 7 days after his birth
18 years after his birth No acquisition of vested interest
37. The Mortgage, in which without delivering possession of mortgaged property, the mortgagor binds himself personally to pay the mortgage money is known as
English mortgage
Mortgage by deposit of title deeds
Simple mortgage
Anomalous mortgage
38. The gift of future property is
void voidable valid void ab initio
39. The rule of lis Pendens applies when the suit in which right to immovable property
Is fraudulent
In-directly in question
Is pending between two persons and one of them sells property
Is pending in a Court which does not have jurisdiction
40. Rule against perpetuity prescribes that
Every transfer of immovable property must be by registered document
Every transfer of immovable property must be in writing
No transfer of property can operate to create an interest which is to take effect after the lifetime of one or more persons living on the date of such transfer
None of the above
A p.T.a.
41. If a contract comprises an agreement to do an act and also not to do certain acts
No injunction can be granted to prevent performance of the negative agreement
Injunction can be granted to prevent performance of negative agreement only if affirmative agreement is enforceable
Injunction can be granted to compel performance of both or any of them
Injunction can be granted to compel performance of either of them only
42. A suit for recovery of possession based on the previous possession of a person can be Iiled by such a person even against real owner of that property who has dispossessed him
within one year of his dispossession within three years of his dispossession
within six months of his dispossession is not maintainable
43. A suit for specific performance of contract for its enforcement can be decreed when
there exists no standard for ascertaining the actual damage caused by the non-performance of it
the compensation in money would afford adequate relief
a contract which is in its nature determinable
performance of it required a Court to continuously supervise it
44. A Court may not exercise its discretion to decree specific performance of a contract when
the contract gives the plaintiff an unfair advantage over the defendant
when there exists no measure for ascertaining actual damage from breach of such contract
the contract is voidable at the option of plaintiff
it involves some hardship to the defendant which he could foresee
45. A suit for rescission of contract by any person having interest in it, can be decreed in his favour
Where the contract is terminable by defendant
Where the contract is voidable at the option of plaintiff
Where the contract is contingent
None of the above
46. No Court shall declare that the plaintiff is entitled to a right
If he is minor
If he is able to seek further relief than mere declaration but omits to do so
If he is insane
If his right is based on a contingent contract
47. A perpetual injunction is granted to the plaintiff
to restore possession of his property to him
to protect him physically
to prevent the breach of an obligation existing in his favour
none of the above
A
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48. In a suit for perpetual or mandatory injunction
Plaintiff can not be granted damages
Plaintiff can be granted damages if claimed specifically by him
Plaintiff can be granted damages even if not specifically claimed by him
None of the above
49. In a suit for specific performance of a contract where earnest money is paid by the plaintiff
It can not be refunded if the specific performance is refused
It can be refunded even if it is not specifically prayed
It can be refunded only if it is specifically claimed
It is to be forfeited
50. To claim specific performance of a contract, it is
necessary to plead and prove that the plaintiff is ready and willing to perform his part of contract
necessary to plead and prove that the plaintiff has always been ready and willing to perform his part of contract
necessary to prove that the plaintiff was ready and willing to perform his part of contract
even if not pleaded and proved accordingly the Court can draw such inference from the circumstances
51. Person in occupation of premises is tenant if
he is only permitted to use that property
he is put in exclusive possession of it and pays rent
such person had lived for few days with the deceased original tenant as his friend
all of the above
52. A landlord shall not be entitled to recovery of possession so long as the tenant
does not get other premises
keeps the premises good
is ready and willing to pay rent
pays rent and permits increases and observes the terms and conditions of tenancy
53. A tenant can not be evicted even if he erects a permanent structure
If landlord does not raise any objection
If tenant obtains permission of Corporation
If such construction was necessary for safety of the building
If landlord consents to it in writing
54. Premises let to banks or public sector undertakings having paid up share capital of Rs. are exempted from protection of Maharastra Rent Control Act, 1999.
2 crores 1 crore 3 crores 5 crores
A p.T.a.
55. No decree can be passed against a tenant for the requirement of premises for landlord unless
the tenant has acquired possession of other premises
the tenant has capacity to purchase other premises
the tenant admits the plaintiff's claim in the suit
landlord bonafide claims it and is likely to suffer greater hardship
56. A landlord can get possession of premises for its demolition and construction of new building only if
landlord has sufficient funds with him for it
he has approved plan and estimates
landlord undertakes to provide new premises equal in carpet area of the existing one
all the above
57. A proceeding to recover possession of premises from a licensee is to be filed in
Court of small causes in Brihan Mumbai and elsewhere the Civil Court (J.D.)
City Civil Court or elsewhere the Civil Court (S.D.)
The Court of competent authority appointed by the State Govt. under the MRC Act
None of the above
58. If a landlord withholds any essential supply or service to the tenanted premises the tenant can seek remedy by way of
Suit in Small Causes/Civil Court
Application to the Competent Authority appointed by the Govt.
Application for restoration in the Small Cause/Civil Court
Writ petition in the Hon. High Court
59. Whether appeal against the decision in appeal of appellate bench of Small Causes Court/ District Court would lie before
Hon'ble High Court
Competent Authority appointed by the State?
No appeal lies
Supreme Court
60. If the landlord fails to keep the premises in good and tenantable repairs the proper remedy for tenant is
to file a suit
to make an application to the Court
to make such repairs himself after 15 days notice to the landlord
to file a writ petition
A
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61.
If sufficient cause is made out the time for filing proceedings in the Court can be extended if
62.
If a cause of action for the suit arises when the plaintiff is minor he may institute the suit
within the period prescribed by limitation for such suit after he attains majority
within one year of his attaining majority
within the time prescribed by limitation from the date of cause of action
none of the above
63.
In computing the period of limitation for any suit, appeal or application the day from which such period is to be reckoned
shall be excluded
shall be included
may be excluded by the Court in an appropriate case
none of the above
64.
While computing period limitation of a suit time spent in another similar proceeding in the Court having no jurisdiction can be excluded if
the plaintiff had acted in good faith with due diligence
the plaintiff was misled by a wrong advice
the plaintiff bonafide found the place where he filed such proceeding more suitable to him
none of the above
65.
A suit can be said to be in limitation even after period prescribed
If the parties to the suit by agreement had agreed to waive it
If the defendant admits the whole claim of the plaintiff in notice reply
If the defendant acknowledges liability of the plaintiff's right before expiration of the period of limitation
If the defendant does hot raise any objection to the plaintiff's claim on the ground of limitation
66.
When a new defendant is added in the suit, the suit shall be deemed to have been instituted against him from
the date of his addition the date of institution of the suit
the date on which issues are framed the date on which summons is served on him
67.
In case of an easement by prescription the period of twenty years must be ending within the date of institution of the suit.
the delay is for presenting the appeal or application under C.P.C.
the delay is for filing suit
the delay is for filing any original proceeding
all of the above
three years two years twelve years one year
A P.T.O.
•
68. Suit on a bill of exchange or promissory note payable at a fixed time should be filed within
three years from
the date of execution the date on which time expires
the date of demand the date of denial to pay
69. A suit for possession of immovable property based on title can be brought within 12 years from
the date of dispossession
the date of demand of possession
the date on which the defendant refuses to deliver possession
the date on which possession of defendant becomes adverse
70. Where no period of limitation is prescribed for an application it can be filed within
one year two years three years twelve years
71. An ordinance can be issued by the President at any time when
The Parliament is in session
Lok Sabha is not in session
Rajya Sabha is not in session
Both the houses of Parliament are not in session
72. The proposal to prefer charge against the President of India should be moved by at least
the total number of members of the house.
1 th 1th 2rd 1th
(1) 10
73. Article 14 of Indian Constitution does not prohibit
class legislation special treatment to an individual
treating unequal at an equal footing reasonable classification
74. Under Art. 356 a proclamation to remain operative must be approved within 2 months by
Lok Sabha only Rajya Sabha only
Both the houses of Parliament Either or
75. Who presides over the meetings of Lok Sabha in the absence of the Speaker?
The President The Vice-President
Deputy Speaker Prime Minister
76. Which of the following fundamental rights is available to both the citizens and non-citizens?
The right to six freedoms
The right to equality before law
Cultural and educational rights
The right to equality of opportunity in public employment
A
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77. Who appoints Attorney General of India? Parliament Prime-Minister Chief Justice of India President
78. Who can issue a writ for the enforcement of legal right?
High Court Supreme Court
Both and No writ is there for legal right
79. Judges of the Supreme Court, other than the Chi 7f Justice of Supreme Court, are appointed by
The Prime Minister in consultation with the cabinet
The President in consultation with the Chief Justice of India
Union Service Public Commission
Attorney General of India
80. In case there is a conflict between the Preamble and other provisions of the Constitution, which will prevail over the other
Preamble will prevail
Other provision will prevail
Both will go side by side
Interpretation of the Supreme Court will prevail
81. Essential ingredients of the offence of mischief is
Intention to cause destruction of a property
Intention to change nature of a property
Intentionally causing wrongful loss or damage to the property of another by destroying or diminishing its value
None of the above
82. If a person entrusted with a property dishonestly converts it to his own use, he commits
Fraud Cheating
Criminal misappropriation Criminal breach of trust
83. When by putting any person in fear of injury he is dishonestly induced by another to deliver property it is
Theft Decoity Robbery Extortion
84. Theft is committed when
a movable property is taken away secretly without consent of its owner
a movable property is removed from the custody of its owner
a movable property is snatched from the hands of its owner
none of the above
A P.T.O.
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85. Grievous hurt means
Hurt caused by deadly weapon Hurt caused with the intention of committing murder Any hurt which endangers life Bruises and lacerated wounds
86. Unlawful assembly means
An assembly of five or more persons having designed a common object
An assembly of five or more persons having common object to commit offence
An assembly of three or more persons having common object to commit mischief
None of the above
87. Criminal conspiracy means
Agreement between two persons for doing an illegal act
Plan or design of committing acts to oppose wrong traditions in the society
Plan or design of forming association to compel Govt. to do an act
Agreement between two persons for doing an immoral act
88. If a person instigates, intentionally aids or engages another person to do a thing he is said to have
Abeted such another person
Conspired with that person
Becomes member of unlawful assembly
Designed commission of offence
89. When a person gains something by unlawful means to which he is not legally entitled it is
Cheating Wrongful gain Fraud Mischief
90. CUlpable homicide means
Attempt to cause death Causing death intentionally
Causing grievous injury Causing injury which is likely to cause death
91. A suit involving unregistered partnership arising from a right from a contract of such partnership is maintainable
If it is filed by such firm against a third party
If it is between the partners
If it is filed against the firm by third party claiming to be a partner
If it is filed by the legal heirs of deceased partner for accounts of such firm
92. Partnership firm
is a legal entity is not a legal entity
is a company is a corporate body
A
93. "Partnership" means
Joint venture
Agreement between the persons to share the profit of a business carried on between them
Agreement between the persons to do some work
None of the above
94. An agreement is void if
One of the party to it is minor
If consent of one of the party is obtained by misrepresenting it
If it's object is unlawful
None of the above
95. Agreement to do impossible act is
Voidable Void Unlawful Fraud
96. Communication of a proposal is complete as against the proposer when
he decides to propose
when he starts the process of communicating the proposal
when the proposal reaches the acceptor
when it is put in a course of transmission to him so as to be out of the power of acceptor
97. A contract between an insurance company and vehicle owner to save the later from consequences of a vehicular accident is a contract of
Guarantee Surety Bailment Indemnity
98. Delivery of goods is deemed to have been accepted by the buyer when
Price of the goods is paid The goods are in transit
The goods are tendered to him Intimation of their acceptance is sent by him
99. A contract of sale of goods is a contract whereby
The price of tile goods is stipulated
Seller delivers the goods to the buyer
Seller transfers or agrees to transfer the property in goods to the buyer for a price
None of the above
100. Unpaid seller means
A seller who has not agreed to deliver a specific property
A seller who has not delivered property sold
A seller who is ready to receive a part of agreed price
A seller who is not paid or tendered whole of the price agreed
A P.T.O.
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1. Summons of Court can be served by Only a police officer Public servant An officer of the Court Any of them
2. Under code of criminal procedure substituted service of summons can be made
By a Registered Post By Courier
By affixing summons on the house None of it
3. Under S. 97 of the code of criminal procedure search warrant to find out a person can be issued if
The person is absconding The person is unlawfully confined
The person is missing Where-abouts of such a person are not known
4. U/S 107 of the code of criminal procedure, Executive Magistrate can obtain bond from a person if
The person is habitual offender
The person is likely to abscond
The person is likely to commit a breach of peace
The person frequently quarrels with his neighbourer
5. A divorced wife is entitled to maintenance from her husband
Till she re-marries Till her son becomes major
Till she is employed Till her death
6. Executive Magistrate can put a party in possession of immovable property
Upon the police report that a dispute in respect of such property is likely to disturb public peace
If that party is dispossessed unlawfully
If the rival party denies to deliver possession of a property though such party is owner of it
None of the above
7. In a Private Complaint case process can be issued against an accused after
Complaint in writing is presented to the Court
Complainant's statement on oath is recorded
The Magistrate is of the opinion that there is sufficient ground to proceed with the case
Police upon investigation submit a report that there is sufficient ground to proceed with the case
8. Any defect in charge
Can be cured by amending it in any case
Cannot be cured if such amendment is likely to cause serious prejudice to the accused
Can be cured by amending it though it causes prejudice to the accused
Can be cured by amending it with a direction to retrial if such amendment is causing prejudice to the accused
A p.T.a.
9. Statement of an accused is recorded
To give him opportunity to state his defence
To enable him to explain circumstances appearing in the evidence against him
To extract the truth from his mouth
To verify whether he can be released on probation
10. The Court on application for plea bargaining by the accused, to satisfy itself that it is made
voluntarily
Examines him in open Court Examines him in Camera
Records his evidence on Oath Seeks his affidavit
11. "Decree" means
Extract of the judgment
Bill of costs
Reasons for which the suit is decreed or dismissed
Formal expression of the Court of an adjudication determining the rights of parties
12. "judgement" means
Part of the decree
Statement of the Judges on the grounds of decree or order
Adjudication of right
None of the above
13. If objection to the jurisdiction of the Court is taken at the hearing of any application for interim relief-the Court shall proceed to
The trial of the suit immediately
Frame the issues
Decide interim application before framing preliminary issue of jurisdiction
To determine issue as to the jurisdiction
14. Res-judicata means
Staying the suit during pendency of the previous suit between the same parties involving similar issues
Not trying the suit if suit involving similar issues between similar parties is decided
Bar to further suit
Expediting trial of the suit
15. Objection to the territorial jurisdiction of a Court can be allowed if it is raised
At any stage of the trial
At anytime before the plaintiff leads his evidence
At the earliest possible opportunity and before issues are settled
Even at the stage of appeal
A
1111111111111111111111111
16. In case of a decree for the payment of money, the Court can order interest at the rate of
per annum 12% per annum per annum 15% per annum
17. Under the inherent powers of the Civil Court, it can pass orders
To refer the matter to Mediator
Necessary for the ends of justice or to prevent abuse of the process of the Court
For compelling the parties to settle their case
For compelling a plaintiff to withdraw his suit
18. Defendant can claim temporary injunction in a suit filed by the plaintiff
To prevent the suit property being alienated or damaged
To prevent the plaintiff from dispossessing defendant from the suit property
To prevent the plaintiff from causing any legal injury to the plaintiff
All of the above
19. The defendant shall present his written statement within days from the service of
summons upon him.
90 120 30 60
20. Where any period is fixed or granted by the Court for doing an act prescribed by the Code of Civil Procedure, the Court may enlarge such period
Not exceeding 90 days in total Not exceeding 30 days in total
Not exceeding 60 days in total Not exceeding 120 days in total
21. Where a thirty years old document is produced before the Court, it may presume
That the facts stated in the document are proved
That the document is duly executed
That the content of it are proved
All the above
22. A document can be proved
By producing it before the Court
By examining the party who has produced it
By examining the person in whose hand writing the document is written or signed
By examining the person in whose favour the document is executed
23. A confessional statement made before police
is admissible
is not admissible
is admissible only if it relates to a fact discovered in consequence of it
is admissible if it is made on oath in writing
A PoToO.
F01 6 1111111111111111111111111
24. Admission is
a conclusive proof of the fact stated therein not a conclusive proof but operates only as estoppel a weak piece of evidence an evidence on which the Court can act
25. Admission means
statement made before Court
statement made in a document
statement swggesting inference as to any fact in issue
none of the above
26. A fact is relevant
if it is mentioned in the pleadings
if it is mentioned in the document relied by any of the parties
if it is connected with a fact in issue so as to form part of the same transaction
all the above
27. A fact is said to be proved
if it is admitted
if it is incorporated in a document
if it is not denied
if its existence is so probable that a prudent man would accept it as existing
28. Evidence means and includes
statements before police
statements in pleadings
statements of witnesses required to be made before the Court
all of the above
29. Primary evidence of a document means
It's certified copy It's xerox copy
Document itself Authenticated copy
30. A child born out of valid marriage can be proved to be legitimate child of the husband if it is born within of its dissolution.
280 days One year Nine months None of the above
31. Which of these cannot be lawfully transferred as per Transfer of Property Act, 1882
Salary of public officer Machinery attached to land
Property yielding income Paddy field
A
1111111111111111111111111 7 F01
32. As per Sec. 6 of Transfer of Property Act, 1882, an easement apart from the dominant heritage. Can Cannot May Must be transferred
33. Which of these is immovable property as per the provisions of Transfer of Property Act, 1882
Standing timber Grass Fruit trees Growing crops
34. The term "transfer" under the Transfer of Property Act, 1882, refers to
Partly or whole transfer Absolute or conditional transfer
Contingent transfer Both and are correct
35. As per Sec. 9 of Transfer of Property Act, 1882, oral transfers are
Valid Voidable
Conditionally valid Illegal
36. Under the provision of Transfer of Property Act, the unborn child acquires vested interest Upon his birth 7 days after his birth
18 years after his birth No acquisition of vested interest
37. The Mortgage, in which without delivering possession of mortgaged property, the mortgagor binds himself personally to pay the mortgage money is known as
English mortgage
Mortgage by deposit of title deeds
Simple mortgage
Anomalous mortgage
38. The gift of future property is
void voidable valid void ab initio
39. The rule of lis Pendens applies when the suit in which right to immovable property
Is fraudulent
In-directly in question
Is pending between two persons and one of them sells property
Is pending in a Court which does not have jurisdiction
40. Rule against perpetuity prescribes that
Every transfer of immovable property must be by registered document
Every transfer of immovable property must be in writing
No transfer of property can operate to create an interest which is to take effect after the lifetime of one or more persons living on the date of such transfer
None of the above
A p.T.a.
41. If a contract comprises an agreement to do an act and also not to do certain acts
No injunction can be granted to prevent performance of the negative agreement
Injunction can be granted to prevent performance of negative agreement only if affirmative agreement is enforceable
Injunction can be granted to compel performance of both or any of them
Injunction can be granted to compel performance of either of them only
42. A suit for recovery of possession based on the previous possession of a person can be Iiled by such a person even against real owner of that property who has dispossessed him
within one year of his dispossession within three years of his dispossession
within six months of his dispossession is not maintainable
43. A suit for specific performance of contract for its enforcement can be decreed when
there exists no standard for ascertaining the actual damage caused by the non-performance of it
the compensation in money would afford adequate relief
a contract which is in its nature determinable
performance of it required a Court to continuously supervise it
44. A Court may not exercise its discretion to decree specific performance of a contract when
the contract gives the plaintiff an unfair advantage over the defendant
when there exists no measure for ascertaining actual damage from breach of such contract
the contract is voidable at the option of plaintiff
it involves some hardship to the defendant which he could foresee
45. A suit for rescission of contract by any person having interest in it, can be decreed in his favour
Where the contract is terminable by defendant
Where the contract is voidable at the option of plaintiff
Where the contract is contingent
None of the above
46. No Court shall declare that the plaintiff is entitled to a right
If he is minor
If he is able to seek further relief than mere declaration but omits to do so
If he is insane
If his right is based on a contingent contract
47. A perpetual injunction is granted to the plaintiff
to restore possession of his property to him
to protect him physically
to prevent the breach of an obligation existing in his favour
none of the above
A
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48. In a suit for perpetual or mandatory injunction
Plaintiff can not be granted damages
Plaintiff can be granted damages if claimed specifically by him
Plaintiff can be granted damages even if not specifically claimed by him
None of the above
49. In a suit for specific performance of a contract where earnest money is paid by the plaintiff
It can not be refunded if the specific performance is refused
It can be refunded even if it is not specifically prayed
It can be refunded only if it is specifically claimed
It is to be forfeited
50. To claim specific performance of a contract, it is
necessary to plead and prove that the plaintiff is ready and willing to perform his part of contract
necessary to plead and prove that the plaintiff has always been ready and willing to perform his part of contract
necessary to prove that the plaintiff was ready and willing to perform his part of contract
even if not pleaded and proved accordingly the Court can draw such inference from the circumstances
51. Person in occupation of premises is tenant if
he is only permitted to use that property
he is put in exclusive possession of it and pays rent
such person had lived for few days with the deceased original tenant as his friend
all of the above
52. A landlord shall not be entitled to recovery of possession so long as the tenant
does not get other premises
keeps the premises good
is ready and willing to pay rent
pays rent and permits increases and observes the terms and conditions of tenancy
53. A tenant can not be evicted even if he erects a permanent structure
If landlord does not raise any objection
If tenant obtains permission of Corporation
If such construction was necessary for safety of the building
If landlord consents to it in writing
54. Premises let to banks or public sector undertakings having paid up share capital of Rs. are exempted from protection of Maharastra Rent Control Act, 1999.
2 crores 1 crore 3 crores 5 crores
A p.T.a.
55. No decree can be passed against a tenant for the requirement of premises for landlord unless
the tenant has acquired possession of other premises
the tenant has capacity to purchase other premises
the tenant admits the plaintiff's claim in the suit
landlord bonafide claims it and is likely to suffer greater hardship
56. A landlord can get possession of premises for its demolition and construction of new building only if
landlord has sufficient funds with him for it
he has approved plan and estimates
landlord undertakes to provide new premises equal in carpet area of the existing one
all the above
57. A proceeding to recover possession of premises from a licensee is to be filed in
Court of small causes in Brihan Mumbai and elsewhere the Civil Court (J.D.)
City Civil Court or elsewhere the Civil Court (S.D.)
The Court of competent authority appointed by the State Govt. under the MRC Act
None of the above
58. If a landlord withholds any essential supply or service to the tenanted premises the tenant can seek remedy by way of
Suit in Small Causes/Civil Court
Application to the Competent Authority appointed by the Govt.
Application for restoration in the Small Cause/Civil Court
Writ petition in the Hon. High Court
59. Whether appeal against the decision in appeal of appellate bench of Small Causes Court/ District Court would lie before
Hon'ble High Court
Competent Authority appointed by the State?
No appeal lies
Supreme Court
60. If the landlord fails to keep the premises in good and tenantable repairs the proper remedy for tenant is
to file a suit
to make an application to the Court
to make such repairs himself after 15 days notice to the landlord
to file a writ petition
A
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61.
If sufficient cause is made out the time for filing proceedings in the Court can be extended if
62.
If a cause of action for the suit arises when the plaintiff is minor he may institute the suit
within the period prescribed by limitation for such suit after he attains majority
within one year of his attaining majority
within the time prescribed by limitation from the date of cause of action
none of the above
63.
In computing the period of limitation for any suit, appeal or application the day from which such period is to be reckoned
shall be excluded
shall be included
may be excluded by the Court in an appropriate case
none of the above
64.
While computing period limitation of a suit time spent in another similar proceeding in the Court having no jurisdiction can be excluded if
the plaintiff had acted in good faith with due diligence
the plaintiff was misled by a wrong advice
the plaintiff bonafide found the place where he filed such proceeding more suitable to him
none of the above
65.
A suit can be said to be in limitation even after period prescribed
If the parties to the suit by agreement had agreed to waive it
If the defendant admits the whole claim of the plaintiff in notice reply
If the defendant acknowledges liability of the plaintiff's right before expiration of the period of limitation
If the defendant does hot raise any objection to the plaintiff's claim on the ground of limitation
66.
When a new defendant is added in the suit, the suit shall be deemed to have been instituted against him from
the date of his addition the date of institution of the suit
the date on which issues are framed the date on which summons is served on him
67.
In case of an easement by prescription the period of twenty years must be ending within the date of institution of the suit.
the delay is for presenting the appeal or application under C.P.C.
the delay is for filing suit
the delay is for filing any original proceeding
all of the above
three years two years twelve years one year
A P.T.O.
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68. Suit on a bill of exchange or promissory note payable at a fixed time should be filed within
three years from
the date of execution the date on which time expires
the date of demand the date of denial to pay
69. A suit for possession of immovable property based on title can be brought within 12 years from
the date of dispossession
the date of demand of possession
the date on which the defendant refuses to deliver possession
the date on which possession of defendant becomes adverse
70. Where no period of limitation is prescribed for an application it can be filed within
one year two years three years twelve years
71. An ordinance can be issued by the President at any time when
The Parliament is in session
Lok Sabha is not in session
Rajya Sabha is not in session
Both the houses of Parliament are not in session
72. The proposal to prefer charge against the President of India should be moved by at least
the total number of members of the house.
1 th 1th 2rd 1th
(1) 10
73. Article 14 of Indian Constitution does not prohibit
class legislation special treatment to an individual
treating unequal at an equal footing reasonable classification
74. Under Art. 356 a proclamation to remain operative must be approved within 2 months by
Lok Sabha only Rajya Sabha only
Both the houses of Parliament Either or
75. Who presides over the meetings of Lok Sabha in the absence of the Speaker?
The President The Vice-President
Deputy Speaker Prime Minister
76. Which of the following fundamental rights is available to both the citizens and non-citizens?
The right to six freedoms
The right to equality before law
Cultural and educational rights
The right to equality of opportunity in public employment
A
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77. Who appoints Attorney General of India? Parliament Prime-Minister Chief Justice of India President
78. Who can issue a writ for the enforcement of legal right?
High Court Supreme Court
Both and No writ is there for legal right
79. Judges of the Supreme Court, other than the Chi 7f Justice of Supreme Court, are appointed by
The Prime Minister in consultation with the cabinet
The President in consultation with the Chief Justice of India
Union Service Public Commission
Attorney General of India
80. In case there is a conflict between the Preamble and other provisions of the Constitution, which will prevail over the other
Preamble will prevail
Other provision will prevail
Both will go side by side
Interpretation of the Supreme Court will prevail
81. Essential ingredients of the offence of mischief is
Intention to cause destruction of a property
Intention to change nature of a property
Intentionally causing wrongful loss or damage to the property of another by destroying or diminishing its value
None of the above
82. If a person entrusted with a property dishonestly converts it to his own use, he commits
Fraud Cheating
Criminal misappropriation Criminal breach of trust
83. When by putting any person in fear of injury he is dishonestly induced by another to deliver property it is
Theft Decoity Robbery Extortion
84. Theft is committed when
a movable property is taken away secretly without consent of its owner
a movable property is removed from the custody of its owner
a movable property is snatched from the hands of its owner
none of the above
A P.T.O.
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85. Grievous hurt means
Hurt caused by deadly weapon Hurt caused with the intention of committing murder Any hurt which endangers life Bruises and lacerated wounds
86. Unlawful assembly means
An assembly of five or more persons having designed a common object
An assembly of five or more persons having common object to commit offence
An assembly of three or more persons having common object to commit mischief
None of the above
87. Criminal conspiracy means
Agreement between two persons for doing an illegal act
Plan or design of committing acts to oppose wrong traditions in the society
Plan or design of forming association to compel Govt. to do an act
Agreement between two persons for doing an immoral act
88. If a person instigates, intentionally aids or engages another person to do a thing he is said to have
Abeted such another person
Conspired with that person
Becomes member of unlawful assembly
Designed commission of offence
89. When a person gains something by unlawful means to which he is not legally entitled it is
Cheating Wrongful gain Fraud Mischief
90. CUlpable homicide means
Attempt to cause death Causing death intentionally
Causing grievous injury Causing injury which is likely to cause death
91. A suit involving unregistered partnership arising from a right from a contract of such partnership is maintainable
If it is filed by such firm against a third party
If it is between the partners
If it is filed against the firm by third party claiming to be a partner
If it is filed by the legal heirs of deceased partner for accounts of such firm
92. Partnership firm
is a legal entity is not a legal entity
is a company is a corporate body
A
93. "Partnership" means
Joint venture
Agreement between the persons to share the profit of a business carried on between them
Agreement between the persons to do some work
None of the above
94. An agreement is void if
One of the party to it is minor
If consent of one of the party is obtained by misrepresenting it
If it's object is unlawful
None of the above
95. Agreement to do impossible act is
Voidable Void Unlawful Fraud
96. Communication of a proposal is complete as against the proposer when
he decides to propose
when he starts the process of communicating the proposal
when the proposal reaches the acceptor
when it is put in a course of transmission to him so as to be out of the power of acceptor
97. A contract between an insurance company and vehicle owner to save the later from consequences of a vehicular accident is a contract of
Guarantee Surety Bailment Indemnity
98. Delivery of goods is deemed to have been accepted by the buyer when
Price of the goods is paid The goods are in transit
The goods are tendered to him Intimation of their acceptance is sent by him
99. A contract of sale of goods is a contract whereby
The price of tile goods is stipulated
Seller delivers the goods to the buyer
Seller transfers or agrees to transfer the property in goods to the buyer for a price
None of the above
100. Unpaid seller means
A seller who has not agreed to deliver a specific property
A seller who has not delivered property sold
A seller who is ready to receive a part of agreed price
A seller who is not paid or tendered whole of the price agreed
A P.T.O.
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