.1..' DO NOT OPEN THIS TEST BOOKLET UNTIL YOU ARE ASKED TO DO SO 1

T. B. C. CJ -05/12 Test Booklet Series
Serial No. TEST BOOKLET A
O."J. S. PRELIMINARY
[Time Allowed: 1j Hours 1 [Maximum Marks

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DO NOT OPEN THIS TEST BOOKLET UNTIL YOU ARE ASKED TO DO SO 1

1. R. C. Cooper vrs Union of India is
6. The Legislature of a State may impose commonly known as
restrictions on trade, commerce and

Privy Purse Case intercourse under:


Fundamental Right Case Article 302


Bank Nationalisation Case Article 303


Mandai Commission Case


Article 304
2. Numberoffundamental rightsguaranteed Article305
only to citizens are:

7. Article 245 has been interpreted on the

5


basis of:

6

Doctrine ofTerritorial Nexus
9
Doctrine of Colourable Legislation
10
Doctrine of Eclipse
3. Following Schedule relates to the Doctrine of Pith and Substance Municipality
8. By the 42nd Amendment Act the
VII Preamble of the Constitution has been
IX amended at:

XI


One Place

XII

Two Places
4. Presidential satisfaction for imposing Three Places
President Rule is None ofthe above

Subject to judicial review on the
9. The following state has two Houses: ground of malafide
Orissa

SUbject to judicial review


Karnataka

Not subject to judicial review

Chhattisgarh

Subject to judicial review after the

Arunachal Pradesh rule ends
10. The provisions dealing with the Supreme
5. The current Lokpal Bill was introduced Court can be amended: under:
By absolute majority
Article 248
By absolute majority and ratification.

Article 252


Article 253 By special majority and ratification


Article 246 By special majority


GU-1N21 1 (Turn over)
11. A suit is bad for non-joinder of a necessary party, as provided:

Under Order Rule 10 of CPC


Under Order Rule 9 of CPC


Under Order Rule 1OA of CPC


Under Order Rule 11 of epe


12. Legal representative under Section of cpe means a person who is a

Relative of parties to the suit


Co-sharer of the benefits assuming to the parties


Close neighbour


Who in law represents the estate of the deceased person


13. Court can direct the parties to opt for any one mode of alternative dispute resolution under:

Order Rule 1A of epe


Order Rule 1B of epe
. Order XI, Rule 1 of epe



Order XII, Rule 2 of epe


14. Discovery by interrogatories and inspection has been provided:

Utlder order X of epe


U.nder order XI of cpe


Under order XVofCpe


Under order XVI of cpe


GU -1A121
15. Clerical or arithmetical mistakes in judgements, decrees or orders etc. can be corrected:

Under Section 152 of cpe


Under Section 153 of cpe


Under Section 151 of epc


Under Section 153A of epe


16. Compensatory costs in respect offalse or vexations claims or defences are imposed:

Under Section 34 of epe


Under Section 35 of CPC


Under Section 35A of epe


Under Section 35B of epe


17. Abetment of proceedings is governed:

By order XXI of epe


By order XXII of epe


By order XXIV of epc


By order XX of epe


18. A temporary injunctiOn can be granted to a party establishing:

That there is prima facie case in his favour


Irreparable injury to him in case injunction is not granted


Balanceofconvenience inhisfavour


All ofthe above


eontd.
19. Right to appeal from original decree has 23. Which of the following can make the
...'
been provided under: arrest?

Section 94 of CPC A Police Officer


Section 95 of CPC A Magistrate .

A Private Person



Section 96 of CPC

All ofthe above



Section 100 of CPC


24. Under Section 50, Cr. P. C. it is not20. Adjournment can be granted: mandatory to inform the arrested person Under Order XIV Rule 1 CPC that he is entitled to be released on bail:

Under Order XV Rule 2 CPC


With warrant

Under Order XVI Rule 3 CPC

Without warrant

Under Order XVII Rule 1 CPC

With warrantfor bailable offence
21. Non-Cognizable offence means:
Without warrant for non-bailable

A police officer has authority to arrest offence without warrant

25. A summons issued by a Court must be


A police officer cannot arrest without


in: warrant
Duplicate
It depends upon the discretion ofthe
Triplicate
police officer
Writing and Duplicate
On request of complainant, arrest
Writing andTriplicate
can be made
26. An Executive Magistrate is empowered
22. Under which Section of Cr. P. C., the
Ass(a) . istant Public Prosecutor is appSection 20 Section 24 Section 13 ointed to grant remand under Section 167, Cr. P. C. for a maximum period of: 15 days 7 days 60days
Section 25 90days
GU-1N21 3 (Turnover)

27. Which Section provides for joint trial for To consolidate, define and amend several persons?
jhe Law of Evidence
· Section 220

To define and amend the law of

Section 221


Evidence

Section 222

To repeal certain parts and to define
Section 223 and amend the Law of Evidence
28. PoweroftheCourttoconvertSummons­
32. Law of Evidence is
cases into Warrant-cases is provided
A Substantive Law
· under:
I.a) Section 258 An Adjective Law


Section 259


Both and

Section 260

Neither nor

Section 261

33. Underthe Indian EvidenceAct, 1872, the
29. Which Section empowers the Court to relevantfact
examine the accused?
Must be legally relevant
Section 312
Must be logically relevant
Section 313
Must be logically and legally relevant

Section 314


Section 315 Must be logically and legally relevant and admissible


30. Undersection357,anorder ofcompen­sation can be passed by the 34. Confession ofone accused is admissible
Trial Court against co-accused:
· Appellate Court I High Court or

If they are tried jointly for different
Sessions Court offences
Both and
Ifthey are tried for the same offence
Only but not jointly
31. The object of Indian Evidence Act, 1872 . Ifthey are tried for different offences
as set out inthe Preamble is: and not jointly
To repeal certain parts and to conso­(d). If they are tried jointly for the same lidate, define and amend the Law of offenceEvidence
GU -1A121 Contd.
35, A dying declaration Is relevant in India: The burden of proving that he had a ticket is on him
v Only In criminal proceedings

Only in summary proceedlngl 39, When a document creltlng In obllgltion


Only In civil proceedlngl Is In the hindi of the obligor, the


In civil IS well IS crlmlnll procee· obllgltlon hll been dllchlrged dlngl It I..prelumptlonofL.lw


It is a presumption of Fact
36, The opinion of an expert can be on the que&tion of It is an irrebuttable presumption of

Foreign Law Law


Indian Law It is a mixed presumption of Law and


Both and Fact


Only and not


40. The husband and wife are competent witnesses for or against each other:
37. Secondary evidence is admissible:
Wherethenon-production ofprimary Incivilproceedings
evidence has not been accounted

In criminal proceedings
for
Both in civil and criminal proceedings
Irrespective of whether the non­
These are privileged communica­
production of primary evidence has tions, can not be disclosed
been accounted for or not
41. FraUdulently has been defined as doing
Where the non-produCtion ofprimary anything with intent to defraud: evidence has been accounted for
Section 23
Both and are correct
Section 25
38. A is charged with travelling on a railway
Section 24 without a ticket:
Section 26

Theburden ofprovingthathedidnot
have the ticket is on the prosecution



42. Section 34 of IPC

Theburden ofprovingthathedidnot

Creates a substantive offence
have the ticket is on the party who
Is a rule of evidence asserts it
Both and
The burden of proof is on railway
authorities Neither nor

GU-1A121 (Turn over)

43. The maxim "ignorantia juris non excusat" condition as the accused loses the means: requisite intention for the offence

Ignorance of Law is no excuse Appa Salved vrs State of


Ignorance of Fact is no excuse Maharashtra, AIR 2007 SC 763


Ignorance of Law is an excuse Mubarak Hussain vrs State of Rajasthan, AIR 2007 SC 697


Ignorance of Fact is an excuse


Neetu vrs State of Punjab, AIR 2007 44. Section 84 of IPC provides for:
SC 758
Medical insanity
Kamala Devi vrs K. Kanwar, AIR

Legal insanity


2007 SC 663

Moral insanity

49. Sex with a girl through fraudulent consent,
All of the above amounts to
45. The right to private defence is based on

Simple physical assault
the natural instinct of:


Molestation



Self Preservation

Attempt to rape



Self Respect

Rape



self Sufficiency


50. Every murder is culpable homicide but


Self Reliance



not vice-versa. The statement:
46. Chapter XX oflPC deals with

Is true
. . Offences related marriage


Is false



Defamation

Depends upon the circumstances


Offences against property

Depends upon the degree of



None of the above probability


47. The essential ingredients of a crime are: 51. The Limitation Act and the Code of Civil

Motive, mens rea and actus reus Procedure are to be read together because both are statutes relating to


Motive, intention and knowledge
procedure and they are in



Actus reus and mens rea

Pari Materia


Knowledge, intention and action


Modus Operandi
48. In which case Supreme Court held that
Colourable Legislations thedefence ofdrunkencanbeavailed of
Doctrine ofAcquiescenceonly when intoxication produces such a
GU-1A121 Conld.
•
52. For the balance due on a mutual, open
and current account, where there have
been reciprocal demands between the
parties the period of limitation is

3 years


12 years


4 years


30 years


53. For possession of immoveable property when the plaintiff has become entitled to possession by reason ofanyforfeiture or breach of condition the period of limitation is when the forfeiture is incurred or the condition is broken.

3 years


12 years


9 years


1 year


54. Where the period of limitation for filing a suit expired on 28th May, 1961 but no judge or officer could enter into the court premises due to picketing of the Civil Court from 19th to 29th May, the p'resentation of the plaint on 30th May, was held to be

Delayed


In time since Section 4 is an exception to general rule laid down in Section 3 of the Act


Inordinate delay


None of the above


55. Where the prescribed period for any suit, appeal or application expires on a day when the court is closed, the suit, appeal
or application may be instituted, preferred
or made on the day:

When the court reopens within 30 days


According to the advocate wishes


Before closing of the court


When tHe court reopens


56. Appeal from an order of acquittal under Section 417(1) or of the Code of Criminal Procedure is from the date ofthe orderappealed.

30days


90days


60 days


12 months


57. The acquisition of easementary right is
acquired by prescription after uninterrupted with the person.

30 years


20 years


15 years


5 years


58. To set aside a sale in execution of a decree including any such application by from the d.ofsale.

60 days


30 days


90days


3 years


GU-1AJ21 (Turnover)
59, The Lew of Limitationl bel'laetlon In the Condltlonl Imposed by tranlfaror Court but not reltrieting UI8 or enjoyment

Plea of change of law Both of the above

None of theabove


Plea of defence


Plea of Ignorance 804, Feeding the estoppel by gr.ntis • doetrlne of


Plea of estoppel


Section 42
eo, Any suit for which no period of limitation
Section 43is provided el,ewhere in this sehedule
Section 044. the period oflimitation is when
Section 45the right to aue accrues,

II yeai'll 65. Mal'lomed MUla vfsAghare Kumar Gangull (42 I. A the leading case of:


EI yealll

L.ill !"endens


1 year


Fl'lIIdulenl Transfer

Doctrine of Election
51. Attached ta the earth means:
Past Performance

Things rooted in the earth


66, English mortgage means:

Thing. imbedded in the earth

Mortgagor Ihauld bind himHlf to
Things attaohed to what is 10 repay mortgage money imbedded in the earth
Property mortgage should be
All of the above absolutely transferred to mortg_.
62. A transfel'll Rs. 5,000 to B on condition On the payment ofmortgage monoy that BresideswithA,otherwiseto C.The mortgageewillreconveytheproperty transfer in favour of C is Ali ofthe above
Collateral Transfer
67, Where two persons mutually transfl!lf the . ConditionPrecedent ownershipofanethingforthe

Ulterior Transfer of another, the transaction is


None ofthe above Sale


Actionable claim
63. Restrictive covenants are:
Exchang!l
Such contracts which restrict the kI!18
or enjoyment Charge

GU-1A121 Conld.
68. A lease can be determined Incomplete offer

By merger Inchoate offer


By forfeiture

73. Conllderatlon mey be:


By lurrender Prelent or pelt or future


By ell oftheabove Prelent or future


Present or past69. Redeem up, foreclose down is the rights Past or futureof

Assignee 74. Obligations resembling those created by


Mortgagee contract are known as


Mesne mortgagee Contingent contracts

Wagering contracts


Donee


Ouasi-contracta
70. No mortgagee paying off a prior
Irregularcontracts
mortgage shall thereby acquire any priority in respect of his original security. 75. The right of subrogation In a contrlct of Itis: guarantee is available to the:

Rules ofMarshalling Creditor


Rules against tacking Principal Debtor

Surety



Rules of subrogation

Indemnifier


None ofthe above



76. General lien is available to 71. Law of Contracts is Bailee

The whole law of agreements


Bailor

The whole law of obligations

Pawnee

The law of agreements creating

Bankerobligations
The law ofobligations IIrieing out of 77. said to a shop keeper .... "Let have
contracts the goods. I will see you paid." This is a
72. Announcement of Auction Sale without Contract ofGuarantee
reserve is an Contractof Indemnity
Invitation to offer Contract of
Offer Contingent Comrae!·

GU-1A121 (Turnover)
78. When consent is caused by fraud or Section 9 . misrepresentation, the contract is
Section 6
Voidable at the option of the
Section 14
aggrieved party
82. A dies after the commencement of the
Void Hindu Succession Act, leaving behind
Unenforceable three sons, C and D. The interest in
Irregular the property passes to by
79. The foundation of law of damages for
Sapind relationship
breach of contract is laid down in
Testamentary succession
Tinn vrs Hoffman
Survivorship . Taylorvrs Cladwell
Limited estate

Addis vrs Gramaphone Co.


Hadley vrs Baxandale 83. Any property possessed by a female Hindu whether acquired before or after


80. Acceptance of lesser sum in full the commencement of the Act shall besatisfaction of the debt: held by her as

Discharges the debt


Limited owner

Dischargesonlythepaidpartofthe debt Ancestral property


Discharges the paid part and Stridl1.ana property interest thereon

Full owner

Gives a right to sue for the balance

84. One who is related by blood to the amount deceased through female is known as
81. Under the Hindu Succession Act, the
property of a male Hindu dying intestate Agnate
shall devolve according to the provisions Cognate
of: Sapindas
Section 8 Dependant

GU-1A121 Contd.
85. A Hindu dies leaving behind father and Becomes vested son's daughter's son. They are:
Takes effect
Class I heirs
Representatives of B takes
Class" heirs 90. A copy ofthe will certified under the seal
Preferential heirs ofthe Court, with a grant administration
None of the above to the estate ofthe testator is known as
86. The Indian Succession Act applies only
Letter of administration
to the cases of
Probate
Self acquired property
Executor
Ancestral property
Privileged will
Survivorship
91. The following Section of the Specific
Intestate and testamentary
succession Relief Act deals with contracts with specific performance with variation:
87. To manage the estate of the deceased Section 21an Administrator is appointed by

Testator Section 32


Govemment Section 18


Court Section 19


Family of the deceased


92. The principle in which Section 12 of the
88. A Holograph Will is a willwrittenby the: SpecificReliefActisbasedon:

Coparcener "Equity looks to the substance rather


Advocate than to the mere letter of a contract"


Successor "Equity looks to the substance-of the


Testator contract and requires substantial compliance with its conditions rather


89. A legacy is bequeathed to A and in case than its literal fulfilment"
of his death to B. IfAsurvives the testator, the legacy to B Does not take effect Both and None ofthe above
GU-1N21 11 (Turn over)

93. The principle 'Doctrine of Specific A reversioner in possession Performance' is based on
A reversioner in reminder
Specific performance will not be
A reminder man for tenant nottar life
.granted where damages are an
96. Contracts which cannot be enforced
adequate remedy under Section 14 of the Specific Relief

The granting of specific performance is within the discretion Act: ofthe court Where compensation is adequate


Specific performance would be remedy
refused where the contract was



Contracts involving personal skill wanting mutuality at the time when it


Contracts of Determinable Nature was entered into
All ofthe above
All ofthe above
97. Oneofthefollowing isacontractwhich
94. One of the following statements is not has been held not 'indivisible'
applicable according to Section 80fthe SpecificReliefAct: Acontractforthesaleofproperty in

No suit can be bought against the one lot owner A contract for the sale of plot of land


A person having a special right to cannot be regarded as separate


present possession may bring the contract for selling different portion suit even against the owner of the
ofthe plot
property

Where property is sold in distinct
A decree is for the return of movable lots, with separate contract for each
property lot
A decree is for the money value
Where a person enter into a mutual against a movable property contract for sale or purchase
95. According to Section 15 one of the
98. In a suit for Specific Performance the
following persons cannot enforce the defendant may set up the folloWing
Specific Perform<lnce ofa contract:
grounds:

The representative-in-interest or the
principal Uncertainty and Excess of power
GU -1A121 12 Contd.