Exam Details
| Subject | ||
| Paper | ||
| Exam / Course | preliminary | |
| Department | ||
| Organization | odisha public service commission | |
| Position | ||
| Exam Date | 2013 | |
| City, State | odisha, |
Question Paper
1. Which one of the following doctrines 5. Which Article of the Indian Constitution
I is not related to Article 13 of the is related to Doctrine of self incrimination?
Constitution?
Article
Doctrine of Eclipse
Article 22
Doctrine-of colourable legislation
Article
Doctrine of waiver
Article
Doctrine of severability
6. Which one of the following is a Directive
2. Which one of the following is not a state Principle of State Policy?
underArticle 12ofthe Constitution?
Right to Education
Berhampur University Student Union
Right to Die
C.S.I. R.
Right to move Supreme Court
Municipal Corporation,
To organise Village Panchayats
Bhubaneshwar
7. Which one of the following is not a
Union Public Service Commission Directive Principle of State Policy?
3. Which Fundamental Right is available to
Uniform Civil Code
citizens only?
Organisation of Village Panchayats
Right to equality
Right to Education
Protection against arrest and
Free Legal Aid
detention
8. Which one of the following is not a
Freedom of speech and expression
fundamental duty?
Protection of life and personal liberty
To protect Sovereignty
4. Which Fundamental Right is available to TodefendtheCountry all persons? To respect NationalAnthem
Right to form Union To promote Indian Culture
Protection of life and personal liberty
9. In which case the doctrine of prospective
Right to assemble peaceably. overruling was evolved by the Supreme
Right to move freely throughout the Court? territory of India Shankari Prasad vs. Union of India
ZS -1AJ27 (Turn over)
I. C. Golak Nath vs. State of Punjab
Sajjan Singh vs. State of Rajasthan.
Keshava Nand Bharti vs. State of Kerala
10. Which case is related to constitutionality of 'right to die'
Maneka Gandhi vs. Union of India
Gian Kaur vs. State of Punjab
A. K. Gopalan vs. Union of India
Kharak Singh vs. State of U. P.
11. Preliminary decree can be passed in a suit:
For partition
Ofpartnership
For possession and Mesne profit
All of the above
12. Pecuniary jurisdiction of the court has been dealt with in
Section 2 of CPC
Section 6 of CPC
Section 9 of CPC
Section 15 of CPC
13. Set-off can be
Legal set-off
Equitable set-off
Both and
Either or
14. Remedies available against an ex-parte decree include:
Appeal
Review
Application for setting aside ex-parte decree
Application
15. Nemo debet bis liexari pro una et eadem causa means:
It is in the interest of state that there should be an end to litigation
A judicial decision must be accepted as correct
No one shall be vexed twice for one and the same cause of action.
Where there is a right there is a remedy
16. In execution ·of decree for the maintenance, salary of a person can be attached to the extent of
One fourth
One third
Two third
One half
17. Under section 100 CPC, a second appeal lies to the:
Supreme Court
High Court
Tribunal
Court of District Judge
18. Section 89 CPC provides for:
Settlement of dispute by High Court only
ZS-1A127 Contd.
Settlement of dispute by Supreme Court or High Court
SettlementofdisputethroughVillage Panchayat
Settlement of dispute outside the Court
19. Section 115 epc applies only when:
There is error of law
There is error of fact
There is jurisdictional error
There is erroneous decision
20. If an indigent person's suit abates on the deathoftheplaintiff, underOrderXXXIII; Rule 11A of CPC, the fee payable on plaint shall be recoverable from:
The estate of deceased plaintiff
The defendant
The State Government
Either or or
21. Warrant case means a case:
In which a police officer cannot arrest without warrant
In which the court in first instance, shall issue a warrant of arrest against the accused
Relating to an offence punishable with imprisonment for a term not exceeding 2 years
Relating to an offence punishable with death, for life or for a term exceeding two years
22. The Court of Magistrate First Class may pass a sentence f4r maximum term of imprisonment awardable in a summary trial is
Three months
One year
Two years
Six years
23. The Section under Cr. P. C. for 'Order for maintenance of wives, children and parents' is Section 135 Section 125
Section 145
Section 124
24. Section 304 of Cr. P. C. deals with:
Protection fto accused against double prosecution for the same offence d
Withdrawl from prosecution
Legal aid to the accused at State expenses
Order to release on probation of good conduct
25. Which Section of the Cr. P. C. provides that a person once convicted or acquitted cannot be tried again for the same offence?
Section 304 Section 300 Section 321
Section 302
ZS-1AJ27 (Turn over)
. 26. Under Section 39 ofCr. P. C. every person 30. Under Section 354 of Cr. P. C., the
has to give information to Magistrate or language and content of the judgemJnt:
Police Officer about the commission of an offence punishable under: Shall be written in the language of the Court
Sections 121 to 126 of IPC Shall contain the point or points for
Sections 489A to 489E of IPC determination, the decision thereon
Sections 302 and 304 of IPC and the reasons forthe decision
All of the above 27. Who is given protection from arrest under Section 45 of Cr. P. C. Members ofArmed Forces Judicial Officers President of India Members of Parliament Shall specify the offence of which and the Section of the IPC or other law under which the accused is convicted All of the above 31. According to Section 141 of the Indian Evidence Act, 1872, any question suggesting the answer which the person
28. Under Section 416 of Cr. P. C., the putting it wishes or expects to receive, is
High Court can postpone capital called:
sentence on Answerable Questions
Unsound person Convenient Questions
Old person Suggestive Questions
Pregnant woman Leading Questions
Politician 32. Section 115 of the Indian Evidence Act,
29. Under Section 366 of Cr. P. C., the 1872 deals with:
sentence of death to be submitted by Court of Session for confirmation by High Court Doctrine of EstoppElI Presumption as to the Commission ofa Crime
Governor Presumption as to Dowry Death
Supreme Court Presumption as to Abetment of
President Suicide by a Married Woman
ZS -1AJ27 Contd.
33. Section 125 ofthe Indian EvidenceAct, 1872 deals with:
Information as to Commission of Offences
Confidential Communications
Official Communications
Professional Communications
34. A witness who is unable to speak is called as:
Dumb Witness
Deaf Witness
Unreliable Witness
Hostile Witness
35. Section 75 of the Indian Evidence Act, 1872 deals with:
Public Documents
Certified Copies of Public Documents
Proof of Other Official Documents
Private Documents
36. Under the provisions of the Indian Evidence Act, 1872, when an accused that he did not ma,ke confession, it is called:
Extra-Judicial Confession
Judicial Confession
Retracted Confession
Retracted Extra-Judicial Confession
ZS-1A127 (5
37. Opinion of an expert under Section 45 of the Indian EVidemceAct, 1872:
Issometimesaconclusiveproof and sometimes an inconclusive proof
Is corroborative in nature
Is supportive in nature
Is corroborative as well as supportive in nature
38. Section 8 of the Indian Evidence Act, 1872 deals with:
Conduct
Motive
Preparation
All of the above
39. Section 47Aofthe Indian EvidenceAct, 1872 deals with:
Relevance of Opinion Relating to Electronic Signatures
Relevance of Opinion Relating to Existence of Right or Custom
Relevance of Opinion Relating to Usages and Tenets
Relevance of Opinion Relating to Relationship
40. The term 'Admission' is defined in the Indian Evidence Act, 1872 in:
Section 20
Section 19
Section 18
Section 17
(Turn over)
41. According to "a crime is a violation of public rights and duties due to the whole community".
Sir William Blackstone
Prof. Glanville Williams
Sir Kenny
Sir Russell
42. Crime which do not require intention, recklessness or even negligence as to one or more elements in the actus reus are known as:
Vicarious liability
Strict liability
Act of God
Force majeure
43. Section 304B in Chapter XVI of IPC deals with
Rape
Cruelty
Dowrydeath
Insultto modesty of woman
44. The Honbl'e Supreme Court of India in one of the following cases held that the general principles of criminal jurisdiction is that, jurisdiction is determined by the localityoftheoffence irrespectiveofthe nationality or any other similar attributes ofthe offender:
State of Bombay vs. L. Apte
State of Bombay vs. Kathikala Oghad
State of Maharashtra vs. M. H. George
MubarakAIi vs. State of Bombay
45. According to the Honbl'e Supreme Court, if a particular offence carries mandatory sentence of imprisonment, a company:
Cannot be prosecuted for such offence
Can be convicted, however can't be imprisoned
Can be convicted and can be fined
Can be convicted and directors can be imprisoned
46. "They also serve who only stand and wait." This observation formed part of the judgement ofthe Honbl'e Supreme Court inone ofthe following cases:
Nanda Rasool vs. State of Bihar
Ramnath vs. State of Madhya Pradesh
Ramashish Yadav vs. State of Bihar
Pandurang vs. State of Hyderabad
47.
Section 377 of IPC provides for:
Robbery
Public nuisance
Theft
Unnatural offences
48. 'Qui facit per alium per is the essence of one of the following principles of criminal liability
Joint Criminal Liability
ZS-1A/27 Contd.
Vicarious liability
Corporate criminal liability
Strict liability
49. In which case the Honbl'e Supreme Court of India has struck down mandatory death penalty under Section 303 of I. P. C. as unconstitutional?
Machhi Singh vs. State of Punjab
Bachan Singh vs. State of Punjab
Santa Singh vs. State of Punjab
Mithu vs. State of Punjab
50. The two-judge bench of Honbl'e Supreme Court in one ofthe following cases held that long delay by the President of India or Govenror of State in disposing mercy petitions from the convicted person under Anti-Terrorism laws or similar status can't be ground for communication of death penalty into life imprisonment:
Shersingh vs. State of Punjab (1983)
People Union for Democratic Rights vs. Unior of India (2013)
Trivenibin vs. State of Punjab (1989)
Jagmohan Singh vs. State of Uttar Pradesh (1973)
51. The intention of Law of Limitation is
Not to give a right where there is none
To interpose a bar after a certain period to a suit to enforce an existing right
ZS-1AJ27
Both and
None ofthe above
52. For an account and a share of profits of a dissolved partnership, the period of limitation is from the date of dissolution.
2 years
3 years
12 years
30 years
53. The extension of a prescribed period in certain cases on sufficient cause of being shown for the delay under Section 5 of the Limitation Act is known as
Doctrine of extension
Doctrine of condonation
Doctrine of sufficient cause
All ofthe above
54. SUbject of limitation is dealt within the Constitution.
Entry 12, List II
Entry 12, List 111
Entry 13, Listll
Entry 13, Listlll
55. Under Section 25 of the Limitation Act, 1963, the right to access and use of light or air, way, watercourse, use of water, or any other easement which have been peaceably enjoyed without interruption for years if the property
(Turn over) belongs to government, shall be absolute and indefeasible:
20 years
30 years
12 years
3 years
56. Choose the right answer:
The Law of Limitation bars the remedy in a court of law only when period of limitation has expired.
The Law of Limitation does not extinguish the right that it cannot be enforced by judicial process.
If a claim is satisfied outside the court of law after the expiry of period of limitation, that is not illegal.
If a claim is satisfied outside the court of law after the expiry of period of limitation, that is illegal.
and
None of the above
57. Under the Code of Civil Procedure, 1908 the period of limitation to file an appeal to a High Court from decree or order is from the date of decree or order.
30 days
60 days
90 days
3 years
58. The Limitation Act, 1963 came into force on:
1St January, 1964
5th October, 1963
1st January, 1963
1st October, 1963
59. The specific performance of a contract· shall be sought within from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has noticed that performance is refused.
1 year
3 years
12 years
20 years
60. Continuous running of time refers to
Where once time has begun to run, no subsequent disability or inability to institute a suit or make application stops it
Where once time has begun to run, subsequent disability or inability to institute a suit or make application stops it
Where once time has begun to run, subsequent disability or inability to institute a suit or make application stops it, provided the court grant leave
lS-1A127 Contd.
Where once time has begun to run, Election subsequent disability or inability to Foreclosure institute a suit or make application
Estoppel stops it, provided there is bonafide
65. For the purpose of making a gift ofcause in view of the court immovable property, the transfer must be
61. 'Nemo dat quod non habet' means: effected by
One can transfer what he doesn't
Delivery of possession possess
A registered instrument signed by or
Possession is nine points in law
on the behalf of the donor and duly
Transfer without consideration is attested invalid
Sy simple instrument
One cannot transfer what he doesn't
Sy simple instrument accompanied possess
by delivery of possession
62. transferred a land to a condition
66. A mortgage by deposit of title deed is
that if S sold it, he must sell it to and called: nobody else. The condition is
Anomalous mortgage
Void
English mortgage
Voidable
Equitable mortgage
Legal
Usufructuary mortgage
Voidable at the option of 67. A lease of immovable property from year
63. Section52oftheTransferofPropertyAct toyear,canbemadeby: contains the doctrine of
Oral agreement
Lis Pendens
Oral agreement accompanied by
Part performance delivery of possession
Feeding the grant by estoppel Simple instrument
Notice Only by a registered instrument
64. A suit to obtain a decree that a mortgagor 68. Which one of the following statement is shall be absolutely debarred of his right not correct in the context of transfer of to redeem the mortagaged property is property?
called a suit for: It means an act by which a living
Part performance person conveys property
ZS-1A127 9 (Turn over)
He conveys property in present or in future
He conveys to one or more other living person
He cannot transfer pruperty to himself and one or more other living persons
69. Which of the following is not an actionable claim?
A claim to mesne profits
A claim for arrears of rent
A claim for return of earnest money
A claim to money under insurance policy
70. Whichofthefollowing isnotanessential requirement for a gift made by a Mohammedan?
Declaration of the gift by the donor
Acceptance of the gift by the donee
Delivery of possession to the donee
The gift must be effected through a registered instrument
71. An offer made to the public at large is called:
Valid offer
Specific offer
General offer
None ofthe above
72. "Past consideration is no consideration." This statement is
Correct under Indian Law of Contract
Correct under English Law of Contract
Correct both under Indian and English Law of Contract
Not correct under both, Indian and English Law of Contract
73. The display of articles in a show-room indicating their prices amounts to
Qffer
Counter offer
Invitation to an offer
Mere advertisement
74. Which one of the following does not render a contract void after it has been made?
Commercial impossibility
Physical impossibility
Legal impossibility
Practical impossibility
75. Hadley V. Baxendale is related to:
Quasi-contract
Contingent Contract
Damages for Breach of Contract
None ofthe above
76. M. C. Chako vs. state Bank ofTravancore, AIR 1970 SC 504 case is related to
Breach of Contract
Privity of Contract in India
Restitution
None ofthe above
lS-1A127 10) Contd.
77. UndertheIndianContractAct,1872,a 81. OnwhichdatetheHinduSuccessionAct,
contract of 'Indemnity' is defined in 1956 came into force?
Section: 17th May
126
17th June
127
17th July
128
17th April
124
82. A dies intestate and is survived by a son
78. saves from drowning in a river. of predeceased half-blood brother, Sand promises to pay 10,000 for this kind a daughter of a full blood predeceased of act. The contract is sister O. How Sand 0 will succeed the
Void for want of consideration property?
Voidable owill get entire property
Unenforceable because it is S will get entire property immoral oand S both will get equal property
Enforceable as it covered by o will get 3/4th share and S will get execptions to consideration 1/4th share
79. The Commissioner of Wealth Tax,
83. The Hindu Succession Act does not have Mysore vs. Vijayaba Oowger Maharani
territorial jurisdiction over:
Saheb, Bhavnagar and Others, AIR 1970
Only Hindus of Jammu and Kashmir SC case is related to
Only Hindus of Goa, Daman and Diu
General damages
Only Hindus of Renocants of
Special damages
Pondicherry
Wagering agreement
Hindus of all the above areas
Contingent Contract
84. A Hindu female W dies and is survived
80. A continuing guarantee may be
by her husband one son two revoked:
unmarried daughters 01 and 02. How
By notice to the creditor the property of W will be divided?
By surity's death Into four equal parts
By both and 1/2 to husband and remaining 1/2 to
None ofthe above son and daughters
lS-1AJ27 11 (Turn over)
1/2 to son and remaining 1/2 to consent but obtains consent afterwards. husband and daughters The legacy is
1/3 to husband, 1/3 to son and Valid asAhas fulfilled the condition remaining 1/3 to daughters of vesting legacy
Not valid as A has not fulfilled the
85. Which one of the following cannot be a condition of vesting legacy ground for disqualification under Hindu
Both and Succession Act, 1956
The condition is void ab-initio hence
Mentallnfirmity no question of challenging legacy
Physical defects
Conversion to other religion 89. A person taking no benefit directly under a will but deriving a benefit under it
Diseases
indirectly is nut put to his election, has
86. The term 'Codicil' under Indian
been provided under which section of
Succession Act relates to instruments Indian Succession Act
made in relation to
Section 185
Intestate
Section 186
Probate
Section 187
Will
Section 184
Gift
90. The deceased has made a specific
87. The degree of kindred are computed bequest of part of his property. The
under Indian Succession Act in the
executor not having assented to the manner set forth in the table of kindred bequest sells the sUbject of it. The sale set out in: is:
Schedule 2 Valid
Schedule 1 Void
Schedule 3 Voidable
Schedule 4 Voidable at the discretion of executor only
88. A legacy is bequeathed toA on condition that he shall marry with the consent of 91. Under Section 31 of the Specific Relief and D.A marries with F without Act, the essential conditions under which
ZS --1A127 12 Cont.d.
"
cancellation of an instrument may be 94. Where a person is in settled possession ordered are:
of property. even on the assumption that
r
That the written instrument is void or
he had no right to remain on the property, voidable against the plaintiff
he cannot be dispossessed by the
That the plaintiff has reasonable
owner. This relief is available in the apprehension of serious injury from
Specific ReliefAct under:
the instrument is left outstanding
Section 6
That in view ofthe circumstances the
Section 11
court considers it as reasonable and
necessary to cancel the document Section 9
All ofthe above
Section 8
92. A relief against parties and persons
95. A person is entitled to possession of claiming under them by subsequent title,
specific immovable property may recover
for specific performance of a contract it by suit filed under the provisions of the may be enforced under: Civil Procedure Code. This relief is
Section 12 provided in Specific ReliefAct under:
Section 19
Section 11
Section 18
Section 4
Section 8
Section 5
93. In a simple suit for specific performance of contract for sale, a person who is not Section 9 a party to the Agreement for Sale is
96. Any person having the possession or
neither a necessary, nor proper party. The control over the article of movable
exemptions available under Specific property, ofwhich he is notthe owner, may
ReliefAct are as follows: be compelled to deliver it to the person
Cases of novatio entitled to the immediate possession in
Interest arising out of prior contracts
the following case:
Where it is necessary to join parties for avoiding multiplicity of When the possession of the thing
proceedings claimed has been wrongfully
All of the above transferred from the plaintiff
When the thing claimed is held by
ZS -1A127 (13 (Turn over)
the defendant as the agent or trustee ofthe plaintiff
Both and
None of the above
97. Injunction can be granted under Specific ReliefAct in the following:
Protection of intellectual properties
A wife can restrain her husband from contracting a second marriage
Passing-off and like action
All of the above
98. One of the following Sections under Specific Relief Act deals with Specific Performance with variation:
Section 18
Section 19
Section 20
Section 21
99. To obtain a mandatory injunction under Section 39 ofthe SpecificReliefAct, thf' plaintiff must show that there been a breach of obligation in the nature of:
Legal obligation
It is necessary to maintain status quo
None of the above
Both and
100. Where an instrument is evidence of different rights or different obligations, the Court may, in a proper case, cancel it in part and allow it to stand for the residue. This provision is provided in the Specific ReliefAct under:
Section 21
Section 32
Section 42
Section 40
•
ZS -1A127 CJ-06/13
I is not related to Article 13 of the is related to Doctrine of self incrimination?
Constitution?
Article
Doctrine of Eclipse
Article 22
Doctrine-of colourable legislation
Article
Doctrine of waiver
Article
Doctrine of severability
6. Which one of the following is a Directive
2. Which one of the following is not a state Principle of State Policy?
underArticle 12ofthe Constitution?
Right to Education
Berhampur University Student Union
Right to Die
C.S.I. R.
Right to move Supreme Court
Municipal Corporation,
To organise Village Panchayats
Bhubaneshwar
7. Which one of the following is not a
Union Public Service Commission Directive Principle of State Policy?
3. Which Fundamental Right is available to
Uniform Civil Code
citizens only?
Organisation of Village Panchayats
Right to equality
Right to Education
Protection against arrest and
Free Legal Aid
detention
8. Which one of the following is not a
Freedom of speech and expression
fundamental duty?
Protection of life and personal liberty
To protect Sovereignty
4. Which Fundamental Right is available to TodefendtheCountry all persons? To respect NationalAnthem
Right to form Union To promote Indian Culture
Protection of life and personal liberty
9. In which case the doctrine of prospective
Right to assemble peaceably. overruling was evolved by the Supreme
Right to move freely throughout the Court? territory of India Shankari Prasad vs. Union of India
ZS -1AJ27 (Turn over)
I. C. Golak Nath vs. State of Punjab
Sajjan Singh vs. State of Rajasthan.
Keshava Nand Bharti vs. State of Kerala
10. Which case is related to constitutionality of 'right to die'
Maneka Gandhi vs. Union of India
Gian Kaur vs. State of Punjab
A. K. Gopalan vs. Union of India
Kharak Singh vs. State of U. P.
11. Preliminary decree can be passed in a suit:
For partition
Ofpartnership
For possession and Mesne profit
All of the above
12. Pecuniary jurisdiction of the court has been dealt with in
Section 2 of CPC
Section 6 of CPC
Section 9 of CPC
Section 15 of CPC
13. Set-off can be
Legal set-off
Equitable set-off
Both and
Either or
14. Remedies available against an ex-parte decree include:
Appeal
Review
Application for setting aside ex-parte decree
Application
15. Nemo debet bis liexari pro una et eadem causa means:
It is in the interest of state that there should be an end to litigation
A judicial decision must be accepted as correct
No one shall be vexed twice for one and the same cause of action.
Where there is a right there is a remedy
16. In execution ·of decree for the maintenance, salary of a person can be attached to the extent of
One fourth
One third
Two third
One half
17. Under section 100 CPC, a second appeal lies to the:
Supreme Court
High Court
Tribunal
Court of District Judge
18. Section 89 CPC provides for:
Settlement of dispute by High Court only
ZS-1A127 Contd.
Settlement of dispute by Supreme Court or High Court
SettlementofdisputethroughVillage Panchayat
Settlement of dispute outside the Court
19. Section 115 epc applies only when:
There is error of law
There is error of fact
There is jurisdictional error
There is erroneous decision
20. If an indigent person's suit abates on the deathoftheplaintiff, underOrderXXXIII; Rule 11A of CPC, the fee payable on plaint shall be recoverable from:
The estate of deceased plaintiff
The defendant
The State Government
Either or or
21. Warrant case means a case:
In which a police officer cannot arrest without warrant
In which the court in first instance, shall issue a warrant of arrest against the accused
Relating to an offence punishable with imprisonment for a term not exceeding 2 years
Relating to an offence punishable with death, for life or for a term exceeding two years
22. The Court of Magistrate First Class may pass a sentence f4r maximum term of imprisonment awardable in a summary trial is
Three months
One year
Two years
Six years
23. The Section under Cr. P. C. for 'Order for maintenance of wives, children and parents' is Section 135 Section 125
Section 145
Section 124
24. Section 304 of Cr. P. C. deals with:
Protection fto accused against double prosecution for the same offence d
Withdrawl from prosecution
Legal aid to the accused at State expenses
Order to release on probation of good conduct
25. Which Section of the Cr. P. C. provides that a person once convicted or acquitted cannot be tried again for the same offence?
Section 304 Section 300 Section 321
Section 302
ZS-1AJ27 (Turn over)
. 26. Under Section 39 ofCr. P. C. every person 30. Under Section 354 of Cr. P. C., the
has to give information to Magistrate or language and content of the judgemJnt:
Police Officer about the commission of an offence punishable under: Shall be written in the language of the Court
Sections 121 to 126 of IPC Shall contain the point or points for
Sections 489A to 489E of IPC determination, the decision thereon
Sections 302 and 304 of IPC and the reasons forthe decision
All of the above 27. Who is given protection from arrest under Section 45 of Cr. P. C. Members ofArmed Forces Judicial Officers President of India Members of Parliament Shall specify the offence of which and the Section of the IPC or other law under which the accused is convicted All of the above 31. According to Section 141 of the Indian Evidence Act, 1872, any question suggesting the answer which the person
28. Under Section 416 of Cr. P. C., the putting it wishes or expects to receive, is
High Court can postpone capital called:
sentence on Answerable Questions
Unsound person Convenient Questions
Old person Suggestive Questions
Pregnant woman Leading Questions
Politician 32. Section 115 of the Indian Evidence Act,
29. Under Section 366 of Cr. P. C., the 1872 deals with:
sentence of death to be submitted by Court of Session for confirmation by High Court Doctrine of EstoppElI Presumption as to the Commission ofa Crime
Governor Presumption as to Dowry Death
Supreme Court Presumption as to Abetment of
President Suicide by a Married Woman
ZS -1AJ27 Contd.
33. Section 125 ofthe Indian EvidenceAct, 1872 deals with:
Information as to Commission of Offences
Confidential Communications
Official Communications
Professional Communications
34. A witness who is unable to speak is called as:
Dumb Witness
Deaf Witness
Unreliable Witness
Hostile Witness
35. Section 75 of the Indian Evidence Act, 1872 deals with:
Public Documents
Certified Copies of Public Documents
Proof of Other Official Documents
Private Documents
36. Under the provisions of the Indian Evidence Act, 1872, when an accused that he did not ma,ke confession, it is called:
Extra-Judicial Confession
Judicial Confession
Retracted Confession
Retracted Extra-Judicial Confession
ZS-1A127 (5
37. Opinion of an expert under Section 45 of the Indian EVidemceAct, 1872:
Issometimesaconclusiveproof and sometimes an inconclusive proof
Is corroborative in nature
Is supportive in nature
Is corroborative as well as supportive in nature
38. Section 8 of the Indian Evidence Act, 1872 deals with:
Conduct
Motive
Preparation
All of the above
39. Section 47Aofthe Indian EvidenceAct, 1872 deals with:
Relevance of Opinion Relating to Electronic Signatures
Relevance of Opinion Relating to Existence of Right or Custom
Relevance of Opinion Relating to Usages and Tenets
Relevance of Opinion Relating to Relationship
40. The term 'Admission' is defined in the Indian Evidence Act, 1872 in:
Section 20
Section 19
Section 18
Section 17
(Turn over)
41. According to "a crime is a violation of public rights and duties due to the whole community".
Sir William Blackstone
Prof. Glanville Williams
Sir Kenny
Sir Russell
42. Crime which do not require intention, recklessness or even negligence as to one or more elements in the actus reus are known as:
Vicarious liability
Strict liability
Act of God
Force majeure
43. Section 304B in Chapter XVI of IPC deals with
Rape
Cruelty
Dowrydeath
Insultto modesty of woman
44. The Honbl'e Supreme Court of India in one of the following cases held that the general principles of criminal jurisdiction is that, jurisdiction is determined by the localityoftheoffence irrespectiveofthe nationality or any other similar attributes ofthe offender:
State of Bombay vs. L. Apte
State of Bombay vs. Kathikala Oghad
State of Maharashtra vs. M. H. George
MubarakAIi vs. State of Bombay
45. According to the Honbl'e Supreme Court, if a particular offence carries mandatory sentence of imprisonment, a company:
Cannot be prosecuted for such offence
Can be convicted, however can't be imprisoned
Can be convicted and can be fined
Can be convicted and directors can be imprisoned
46. "They also serve who only stand and wait." This observation formed part of the judgement ofthe Honbl'e Supreme Court inone ofthe following cases:
Nanda Rasool vs. State of Bihar
Ramnath vs. State of Madhya Pradesh
Ramashish Yadav vs. State of Bihar
Pandurang vs. State of Hyderabad
47.
Section 377 of IPC provides for:
Robbery
Public nuisance
Theft
Unnatural offences
48. 'Qui facit per alium per is the essence of one of the following principles of criminal liability
Joint Criminal Liability
ZS-1A/27 Contd.
Vicarious liability
Corporate criminal liability
Strict liability
49. In which case the Honbl'e Supreme Court of India has struck down mandatory death penalty under Section 303 of I. P. C. as unconstitutional?
Machhi Singh vs. State of Punjab
Bachan Singh vs. State of Punjab
Santa Singh vs. State of Punjab
Mithu vs. State of Punjab
50. The two-judge bench of Honbl'e Supreme Court in one ofthe following cases held that long delay by the President of India or Govenror of State in disposing mercy petitions from the convicted person under Anti-Terrorism laws or similar status can't be ground for communication of death penalty into life imprisonment:
Shersingh vs. State of Punjab (1983)
People Union for Democratic Rights vs. Unior of India (2013)
Trivenibin vs. State of Punjab (1989)
Jagmohan Singh vs. State of Uttar Pradesh (1973)
51. The intention of Law of Limitation is
Not to give a right where there is none
To interpose a bar after a certain period to a suit to enforce an existing right
ZS-1AJ27
Both and
None ofthe above
52. For an account and a share of profits of a dissolved partnership, the period of limitation is from the date of dissolution.
2 years
3 years
12 years
30 years
53. The extension of a prescribed period in certain cases on sufficient cause of being shown for the delay under Section 5 of the Limitation Act is known as
Doctrine of extension
Doctrine of condonation
Doctrine of sufficient cause
All ofthe above
54. SUbject of limitation is dealt within the Constitution.
Entry 12, List II
Entry 12, List 111
Entry 13, Listll
Entry 13, Listlll
55. Under Section 25 of the Limitation Act, 1963, the right to access and use of light or air, way, watercourse, use of water, or any other easement which have been peaceably enjoyed without interruption for years if the property
(Turn over) belongs to government, shall be absolute and indefeasible:
20 years
30 years
12 years
3 years
56. Choose the right answer:
The Law of Limitation bars the remedy in a court of law only when period of limitation has expired.
The Law of Limitation does not extinguish the right that it cannot be enforced by judicial process.
If a claim is satisfied outside the court of law after the expiry of period of limitation, that is not illegal.
If a claim is satisfied outside the court of law after the expiry of period of limitation, that is illegal.
and
None of the above
57. Under the Code of Civil Procedure, 1908 the period of limitation to file an appeal to a High Court from decree or order is from the date of decree or order.
30 days
60 days
90 days
3 years
58. The Limitation Act, 1963 came into force on:
1St January, 1964
5th October, 1963
1st January, 1963
1st October, 1963
59. The specific performance of a contract· shall be sought within from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has noticed that performance is refused.
1 year
3 years
12 years
20 years
60. Continuous running of time refers to
Where once time has begun to run, no subsequent disability or inability to institute a suit or make application stops it
Where once time has begun to run, subsequent disability or inability to institute a suit or make application stops it
Where once time has begun to run, subsequent disability or inability to institute a suit or make application stops it, provided the court grant leave
lS-1A127 Contd.
Where once time has begun to run, Election subsequent disability or inability to Foreclosure institute a suit or make application
Estoppel stops it, provided there is bonafide
65. For the purpose of making a gift ofcause in view of the court immovable property, the transfer must be
61. 'Nemo dat quod non habet' means: effected by
One can transfer what he doesn't
Delivery of possession possess
A registered instrument signed by or
Possession is nine points in law
on the behalf of the donor and duly
Transfer without consideration is attested invalid
Sy simple instrument
One cannot transfer what he doesn't
Sy simple instrument accompanied possess
by delivery of possession
62. transferred a land to a condition
66. A mortgage by deposit of title deed is
that if S sold it, he must sell it to and called: nobody else. The condition is
Anomalous mortgage
Void
English mortgage
Voidable
Equitable mortgage
Legal
Usufructuary mortgage
Voidable at the option of 67. A lease of immovable property from year
63. Section52oftheTransferofPropertyAct toyear,canbemadeby: contains the doctrine of
Oral agreement
Lis Pendens
Oral agreement accompanied by
Part performance delivery of possession
Feeding the grant by estoppel Simple instrument
Notice Only by a registered instrument
64. A suit to obtain a decree that a mortgagor 68. Which one of the following statement is shall be absolutely debarred of his right not correct in the context of transfer of to redeem the mortagaged property is property?
called a suit for: It means an act by which a living
Part performance person conveys property
ZS-1A127 9 (Turn over)
He conveys property in present or in future
He conveys to one or more other living person
He cannot transfer pruperty to himself and one or more other living persons
69. Which of the following is not an actionable claim?
A claim to mesne profits
A claim for arrears of rent
A claim for return of earnest money
A claim to money under insurance policy
70. Whichofthefollowing isnotanessential requirement for a gift made by a Mohammedan?
Declaration of the gift by the donor
Acceptance of the gift by the donee
Delivery of possession to the donee
The gift must be effected through a registered instrument
71. An offer made to the public at large is called:
Valid offer
Specific offer
General offer
None ofthe above
72. "Past consideration is no consideration." This statement is
Correct under Indian Law of Contract
Correct under English Law of Contract
Correct both under Indian and English Law of Contract
Not correct under both, Indian and English Law of Contract
73. The display of articles in a show-room indicating their prices amounts to
Qffer
Counter offer
Invitation to an offer
Mere advertisement
74. Which one of the following does not render a contract void after it has been made?
Commercial impossibility
Physical impossibility
Legal impossibility
Practical impossibility
75. Hadley V. Baxendale is related to:
Quasi-contract
Contingent Contract
Damages for Breach of Contract
None ofthe above
76. M. C. Chako vs. state Bank ofTravancore, AIR 1970 SC 504 case is related to
Breach of Contract
Privity of Contract in India
Restitution
None ofthe above
lS-1A127 10) Contd.
77. UndertheIndianContractAct,1872,a 81. OnwhichdatetheHinduSuccessionAct,
contract of 'Indemnity' is defined in 1956 came into force?
Section: 17th May
126
17th June
127
17th July
128
17th April
124
82. A dies intestate and is survived by a son
78. saves from drowning in a river. of predeceased half-blood brother, Sand promises to pay 10,000 for this kind a daughter of a full blood predeceased of act. The contract is sister O. How Sand 0 will succeed the
Void for want of consideration property?
Voidable owill get entire property
Unenforceable because it is S will get entire property immoral oand S both will get equal property
Enforceable as it covered by o will get 3/4th share and S will get execptions to consideration 1/4th share
79. The Commissioner of Wealth Tax,
83. The Hindu Succession Act does not have Mysore vs. Vijayaba Oowger Maharani
territorial jurisdiction over:
Saheb, Bhavnagar and Others, AIR 1970
Only Hindus of Jammu and Kashmir SC case is related to
Only Hindus of Goa, Daman and Diu
General damages
Only Hindus of Renocants of
Special damages
Pondicherry
Wagering agreement
Hindus of all the above areas
Contingent Contract
84. A Hindu female W dies and is survived
80. A continuing guarantee may be
by her husband one son two revoked:
unmarried daughters 01 and 02. How
By notice to the creditor the property of W will be divided?
By surity's death Into four equal parts
By both and 1/2 to husband and remaining 1/2 to
None ofthe above son and daughters
lS-1AJ27 11 (Turn over)
1/2 to son and remaining 1/2 to consent but obtains consent afterwards. husband and daughters The legacy is
1/3 to husband, 1/3 to son and Valid asAhas fulfilled the condition remaining 1/3 to daughters of vesting legacy
Not valid as A has not fulfilled the
85. Which one of the following cannot be a condition of vesting legacy ground for disqualification under Hindu
Both and Succession Act, 1956
The condition is void ab-initio hence
Mentallnfirmity no question of challenging legacy
Physical defects
Conversion to other religion 89. A person taking no benefit directly under a will but deriving a benefit under it
Diseases
indirectly is nut put to his election, has
86. The term 'Codicil' under Indian
been provided under which section of
Succession Act relates to instruments Indian Succession Act
made in relation to
Section 185
Intestate
Section 186
Probate
Section 187
Will
Section 184
Gift
90. The deceased has made a specific
87. The degree of kindred are computed bequest of part of his property. The
under Indian Succession Act in the
executor not having assented to the manner set forth in the table of kindred bequest sells the sUbject of it. The sale set out in: is:
Schedule 2 Valid
Schedule 1 Void
Schedule 3 Voidable
Schedule 4 Voidable at the discretion of executor only
88. A legacy is bequeathed toA on condition that he shall marry with the consent of 91. Under Section 31 of the Specific Relief and D.A marries with F without Act, the essential conditions under which
ZS --1A127 12 Cont.d.
"
cancellation of an instrument may be 94. Where a person is in settled possession ordered are:
of property. even on the assumption that
r
That the written instrument is void or
he had no right to remain on the property, voidable against the plaintiff
he cannot be dispossessed by the
That the plaintiff has reasonable
owner. This relief is available in the apprehension of serious injury from
Specific ReliefAct under:
the instrument is left outstanding
Section 6
That in view ofthe circumstances the
Section 11
court considers it as reasonable and
necessary to cancel the document Section 9
All ofthe above
Section 8
92. A relief against parties and persons
95. A person is entitled to possession of claiming under them by subsequent title,
specific immovable property may recover
for specific performance of a contract it by suit filed under the provisions of the may be enforced under: Civil Procedure Code. This relief is
Section 12 provided in Specific ReliefAct under:
Section 19
Section 11
Section 18
Section 4
Section 8
Section 5
93. In a simple suit for specific performance of contract for sale, a person who is not Section 9 a party to the Agreement for Sale is
96. Any person having the possession or
neither a necessary, nor proper party. The control over the article of movable
exemptions available under Specific property, ofwhich he is notthe owner, may
ReliefAct are as follows: be compelled to deliver it to the person
Cases of novatio entitled to the immediate possession in
Interest arising out of prior contracts
the following case:
Where it is necessary to join parties for avoiding multiplicity of When the possession of the thing
proceedings claimed has been wrongfully
All of the above transferred from the plaintiff
When the thing claimed is held by
ZS -1A127 (13 (Turn over)
the defendant as the agent or trustee ofthe plaintiff
Both and
None of the above
97. Injunction can be granted under Specific ReliefAct in the following:
Protection of intellectual properties
A wife can restrain her husband from contracting a second marriage
Passing-off and like action
All of the above
98. One of the following Sections under Specific Relief Act deals with Specific Performance with variation:
Section 18
Section 19
Section 20
Section 21
99. To obtain a mandatory injunction under Section 39 ofthe SpecificReliefAct, thf' plaintiff must show that there been a breach of obligation in the nature of:
Legal obligation
It is necessary to maintain status quo
None of the above
Both and
100. Where an instrument is evidence of different rights or different obligations, the Court may, in a proper case, cancel it in part and allow it to stand for the residue. This provision is provided in the Specific ReliefAct under:
Section 21
Section 32
Section 42
Section 40
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ZS -1A127 CJ-06/13