2014 Code: N04
BOOKLET No.





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N04 2 A
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A 3 N04
1. In an offence of criminal breach of trust by public servant, the period of limitation for taking cognizance can be condoned by

Supreme Court High Court


Court of Session None ofthe above


2. Stolen property seized by police can be returned by

Police officer who had seized it Senior police officer


Commissioner ofPolice None of the above


3. If a convicted person is sentenced again, general rule is that both the sentences will run

one after other together


after appeal is decided None of the above


4. If the Court of JMFC has imposed sentence of fine of 75 only, an appeal may lie with the permission of

Court of Session High Court


Supreme Court None ofthe above


5. If a woman sentenced to death is found pregnant, the execution of the sentence can be postponed by

Governor of the State JMFC


Court of Session High Court


6. Offence under Section 498 A of IPC is compoundable

with permission of Court without permission ofCourt


with permission ofthe lady None ofthe above


7. After the transfer of Magistrate, trial of an offence under Section 138 of NI Act,

is to be conducted afresh by the new Magistrate


is to be conducted from the stage left by earlier Magistrate


the complaint has to be dismissed


None of the above


N04 4 A
8. Prior to issuance of summons to accused
notice is required to be issued to the accused notice is not required to be issued to the accused it is discretion ofthe Magistrate whether to issue notice or not None of the above

9. Police can investigate non-cognizable offence

with permission of Commissioner of Police


with permission of Court


with permission ofSuperintendent of Police


None ofthe above


10. Cognizable offence means

where police may arrest the accused without warrant


permission of Court is necessary for arrest


police cannot investigate without permission of Court


None ofthe above


11. In a money decree

judgement debtor can create fresh bank Alc and deposit in it


can take a bank loan


the amount is sent to decree holder by moneyorder


None of the above


12. If the suit is dismissed due to default of the plaintiff and if there is subsequent suit between same parties, then decision in the first suit

amounts to res judicata


does not amount to res judicata


amounts to stay of subsequent suit


None ofthe above


A 5 N04
13. In a money suit, the Court can award interest during pendency of suit interest from the date of decision of suit till realization interest prior to institution ofthe suit All ofthe above

14. When the Court which passes the decree, transfers it to another Court, it is called as

request letter subrogation


precept appropriation


15. Issue is required to be framed for

every fact pleaded by the plaintiff


every fact denied by the defendant


every material fact affirmed and denied by the parties


None ofthe above


16. Defendant has got right to begin as and when

the plaintiffwants


it is convenient to the defendant


the defendant has taken any special defence


None ofthe above


17. Decree for restitution ofdecree may be executed by

detention ofjudgement debtor in civil prison


attachmentofpropertyofjudgementdebtor


both the ways


None of the above


18. Commissioner may be appointed for

examination ofwitnesses


local inspection


taking accounts


Any ofthe above


N04 6 A
19. Subsistence allowance is an amount which

husband pays to the wife


employer pays to suspended employee


is deposited by the decree holder in the Court ifjudgement debtor is to be sent to civil prison


None ofthe above


20. Filing of an appeal

automatically amounts to stay of original proceeding


will amount to stay only when it is granted by appellate Court


amounts to reversal ofjudgement


None ofthe above


21. Wife can be compelled to disclose communication with her husband

in a suit between landlady/wife and her tenant


in a case between employee/wife and her employer


in a case between mother and son


in a case between husband and wife


22. found in possession of stolen car after the theft, Court may presume that

is owner of car is driver of car


is passenger in that car a thief


23. When sword used for murder is produced in the Court, it is

documentary evidence


oral evidence as to existence/condition of sword


material evidence


None ofthe above


24. If a girl is begotten during seven months and after dissolution of marriage wife remains unmarried, it is a conclusive proofthat

there was a valid marriage


there was a valid dissolution ofmarriage


the girl is legitimate daughter of that man


None ofthe above


A 7 N04
25. Registered Will may be proved by examining testator beneficiary attesting witness a person from the office of sub-registrar

26. Primary evidence means
certified copy photocopy
counterparts of documents document itself

27. Hearsay evidence is

always admissible


not at all admissible


admissible in certain contingencies


None ofthe above


28. saw running away alongwith blood stained knife is

admissible as a direct evidence that committed murder


admissible as an evidence of conduct against


admissible as an evidence that with knife is chasing the real murderer


inadmissible as hearsay evidence


29. Raju sues Kiran for 38,000 entry in books of accounts of Raju amounts to

admission ofliability inadmissible


relevant None ofthe above


30. Court may presume abetment of suicide, ifmarried woman commits suicide within

10 years of marriage 3 years of marriage


8 years of marriage 7 years of marriage


31. The following property can be transferred
chance of heir apparent easement
right to sue land valuing less than 100

N04 8 A
32. Raju transfers land to Pravin on a condition that Pravin shall marry with the consent ofUsha and Pramila. Pravin is deemed to fulfil the condition when

Pravin asked for consent but both refused


Pravin asked for consent Usha consented but Pramila refused


Pramila consented but Usha refused


Pramila died and Usha consented


33. lets land at rent to 500 and then transfers the land to not having notice of transfer, in good faith pays the rent to Then

has to pay the rent to


has to pay rent to and to again



denies the title of


Rent is not recoverable from


34. Specific performance suit is pending between purchaser Shridhar and vendor Gunesh. Gunesh sold the property to Rajesh. This transaction is hit by the principle of

res judicata estoppel


damdupatt lis pendens


35. Kaushik agreed to repay and transferred mortgaged land in favour of Vinayak. Vinayak assures to reconvey land in case Kaushik repays the entire amount to Vinayak. This mortgage is called as

mortgage by deposit of title deeds


usufructary mortgage


anomalous mortgage


english mortgage


36. The right of the mortgagor who repays entire amount after the principal money has become due is called as right of

foreclosure redemption


reconveyance None ofthe above


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A 9 N04
.
37. Difference between charge and mortgage is that

charge is not transfer ofinterest whereas mortgage is transfer ofinterest


charge is over movable property but mortgage is of immovable property


charge is governed as per Sale of Goods Act but mortgage is governed as per transfer of Property Act


mortgage is always for consideration but charge is not supported by consideration


38. Lease of immovable property for manufacturing purposes is determinable by giving notice of

15 days one month


three months six months


39. Pankaj gave his flat to Mukund and Mukund gave his flat to Pankaj it is called as

settlement barter


exchange None of the above


40. The transfer of movable property is governed by which provisions of Transfer of Property Act?

barter exchange


sale gift


41. Temporary injunction is granted

during pendency of the suit


at the conclusion ofthe trial


is regulated by provisions of the Specific Relief Act


None of the above


42. If the suit for specific performance is dismissed then

plaintiff can institute new suit for compensation


plaintiff cannot file suit for recovery ofpossession


can file new suit for specific performance


All are incorrect


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N04 10 A
43. After the trial of suit for specific performance has started

amendment of plaint incorporating prayer for compensation cannot be allowed


amendment ofplaint incorporating prayer for compensation can be allowed


separate suit for compensation has to be filed


None of the above


44. A, not the owner of car, agrees to sell the same to B. B fails to pay the amount. Suit for specific performance ofthe agreement will be governed by

Motor Vehicles Act Sale of Goods Act


Specific ReliefAct Transfer of Property Act


45. What is the period oflimitation for filing suit for recovery ofpossession of immovable property if there is dispossession not as per law?

3 years 18 months


2 years 6 months


46. For construction ofpublic hospital

suit for specific performance can be filed


suit for specific performance cannot be filed


suit for mandatory injunction can be filed


None of the above


47. In a suit for specific performance ofcontract

possession cannot be asked


partition cannot be claimed


compensation cannot be claimed


All are incorrect


48. Specific performance against transferor with notice of earlier transaction pending suit

can he granted cannot be granted


new suit is required to be filed None ofthe above


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A 11 N04
49. Suit for specific performance to construct theatre can be decreed cannot be decreed compensation can be awarded None ofthe above

50. For the business of the firm, partner is
servant ofthe firm owner ofthe firm
agent ofthe firm trustee of the firm

51. Landlord cannot claim possession of business premises

for occupation by himself on account of subletting


for arrears of rent for non-user


52. No decree of eviction on the ground of arrears of rent can be passed, if the tenant pays or tenders in court arrears

on the date ofgiving of evidence by him


on the date ofjudgement


on the date when the plaintiff closes his evidence


within 90 days from the date of service ofsu=ons


53. Provisions of the Maharashtra Rent Control Act are not applicable to premises belonging to

Hindu undivided family Partnership firm


Sole proprietor Government


54. Monthly rent/yearly rent is recovered as per
Hindu calendar Shalivahan shak
International calendar British calendar

55. Tenant can undergo tenantable repairs by giving landlord

not less than one month notice


15 days notice


not less than three weeks notice


not less than 7 days notice


N04 12 A
56. If the landlord cuts the water without just cause, he is liable for punishment for 3 months or fine 1,000 or both 6 months or fine or both 3 years or fine or both 1 year or fine or both

57. Ifthe decree is passed by Court ofSmall Causes Bombay, appeal lies with

City Civil Court


High Court


Bench of two judges of Court ofSmall Causes Bombay


None ofthe above


58. Ifbusiness premises are given on licence basis, jurisdiction lies with

Civil Court


Competent authority under Section 13 A-2


District Court


High Court


59. Landlord cannot increase the rent

on account ofincrease in taxes


on account ofimprovements


heavy repairs made by him


as per his own choice


60. An appeal against the decision of appellate decree in eviction decrees lies with

High Court


Division Bench of High Court


Competent Authority


None of the above


A 13 N04
61. In an ordinary course, suit is deemed to be instituted when court fee stamp is affixed to the plaint when the plaintiffhas signed on the plaint when the presiding officer issues summons when the plaint is presented to the proper officer

62. Period oflimitation for filing cross objection is prescribed under

Article-109 Article-99


Article-105 None of the above


63. For computing the period oflimitation for preferring an appeal, the following periods are not excluded

when the prescribed period expires on the day when the court is closed


the day on which judgement is pronounced


time required for obtaining certified copy


the period in between date ofjudgement and date ofapplying certified copy


64. The period oflimitation for filing suit can be condoned by

the Trial Court


Appellate Court


High Court in inherent powers


None of the above


65. Once the period oflimitation has started to run, it can be stopped due to

death of plaintiff sickness ofplaintiff


plaintiffgoing abroad None of the above


66. If borrower acknowledges the liability before expiry of period of limitation of suit it amounts to

judgement on admission


extending the period oflimitation for suit


accepting the liability by the borrower for double amount


None of the above



N04 14 A
67. Period of limitation for filing suit for recovery of possession on the basis of previous possession is

6 months 3 years


12 years 7 years


68. Period of limitation for filing an execution application for decree for mandatory
injunction is
12 years 6 years
1 year 3 years

69. Period oflimitation for filing criminal revision is

3 years 1 year


90 days None of the above


70. Period oflimitation for filing writ petition in High Court is

3 years 2 years


1 year None of the above


71. Inserting Section 228 A (disclosure of identity of rape victim) in IPC is in conformity with the provisions of

Article-14 Article-15


Article-16 Article-19


72. In a criminal trial, when the accused gives evidence on oath, it is in violation of

Article-22 Article-21


Article-19 None of the above


73. Powers conferred on Supreme Court as per clause 1 and 2 to Article-32 can be bestowed on the court of civil judge junior division by

Supreme Court High Court


International Court Parliament


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A 15 N04
74. Denying free legal aid is violation of fundamental right violation of directive principles contempt of Court None of the above

75. Election of President is by way of

direct election


indirect election


partly direct and partly indirect


None of the above


76. Original jurisdiction of Supreme Court includes

deciding civil appeals against the judgement of High Court


deciding bail applications


supervision over High Courts


None of the above


77. Normal duration of the Legislative Assembly is

2 years 7 years


5 years 10 years


78. Judge of High Court is appointed by
ChiefJustice ofIndia Parliament
State Legislature President

79. Emergency may be proclaimed by

Supreme Court ofIndia


Parliament


All High Courts taking unanimous decision


President ofIndia


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N04 16 A
80. Appointment of a district judge is made by the Governor in consultation with State Public Service Commission State Government Supreme Court of India High Court

81. Raju says that --Pravin is an honest man, he never steals t-shirts from mall, intending to cause to believe that Pravin always steals from the mall. What offence Raju has committed

Theft Criminal intimidation


Extortion Defamation


82. had a sexual intercourse with (who is a wife of a male) without consent of but with the consent of what offence had committed?

Rape Sodomy


Adultery Bigamy


83. A and B are joint owners of bullock-cart, B takes the bullock-cart out of possession of
A. What offence B has committed?

Theft Cheating


Dishonest misappropriation None of the above


84. While committing theft, D and E have committed murder of Z. Which offence have they committed?

Theft Extortion


Murder Dacoity with murder


85. If there is severe body pain for continuous 15 days to due to beating by with a stick, under which Section an offence under IPC, has committed?
323 ..I 307

302 324
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A 17 N04
86. owner of a Dairy, adulterates milk and sells to general public, which offence is committed by

Only under Prevention of Food Adulteration Act


Only UIS 272 of IPC


Under both the provisions


None ofthe above


87. If p police officer commits rape of a female accused in his custody and journalist publishes the name of the rape victim, whether the journalist has committed any offence

no offence because it is in the public interest


under Registration ofNewspaper Act


VIS 228 A ofIPC
defamation
88. If judgeII)ent debtor knows that there is a decree for possession against him and he resists the bailiff in executing the decree, whether the judgement debtor has committed any offence

no offence


contempt of court


UIS 183 ofIPC


civil wrong


89. When two persons are fighting in a room, what offence have both committed?

Assault


Rioting


Unlawful assembly


None ofthe above


90. The principle ofvicarious liability is not applicable in a criminal trial

not true true


partly true None of the above



N04 18 A
91. Raju agrees to pay 66,333 to Bhushan and Bhushan agrees to sell furniture of teak wood and brown sugar. Then

entire agreement is legal


entire agreement is void


agreement to sell furniture is valid


agreement to sell brown sugar is void


92. Famous coconut oil manufacturing company agrees to sell 5000 litres of coconut oiL Such an agreement is il) voidable void
valid None of the above
93. Mohan owes an amount to Meenakshi. Mohan authorises to sell the land belonging to him and authorises her to appropriate her dues from the sale proceeds.

Mohan can terminate authority to Meenakshi


Authority stands automatically terminated on his death


Authority stands automatically terminated on the insolvency of Mohan


Authority cannot be terminated


94. Mandar borrows 17,000 from Suresh and gives a bond for 34,000 payable in 4 instalments of 8,500 each. There is stipulation that in case of default of payment of any instalment, whole amount shall become payable. Such an agreement is

suffered by undue influence


without free consent


stipulation is by way of penalty


in restraint oftrade


95. Ranta sells tyres to Pankaj and tyres were despatched for delivery. Ranta came to know that Pankaj is declared insolvent by Hon'ble High Court. Ranta has not received payment. Kanta told the transporter not to give delivery.

Ranta is liable for compensation


Ranta is justified to do the same


Ranta has committed criminal breach oftrust


None of the above



A 19 N04
96. Stipulation as to payment is always an essence of contract is not always an essence ofcontract is essence only when stipulated in the contract None ofthe above

97. When Prafulla refuses to take delivery ofMaruti car from Prashant Automobiles and car got burnt. Then

Prashant Automobiles is responsible for the loss


both have to share the loss


Prafulla is responsible for the loss


None of the above


98. Saheli Garment Exporter Firm is an unregistered fIrm having its office at Srinagar, State of J K fIled a suit for recovery of unpaid price. Such a suit is

not maintainable


maintainable


court has to stay the suit till registration offIrm


plaint is to be returned


99. Licence to manufacture car granted in the name of Partnership Firm is cancelled. Dissolution of the fIrm is called as

dissolution at will


dissolution by mutual consent


compulsory


None ofthe above


100. The following contracts can be specifIcally enforced

compensation is not adequate relief


contract which runs into minute details


require continuous provision


None of the above



N04 20 A
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