Exam Details
| Subject | ||
| Paper | ||
| Exam / Course | judicial magistrate (first class) jmfc | |
| Department | ||
| Organization | maharashtra public service commission | |
| Position | ||
| Exam Date | 2016 | |
| City, State | maharashtra, |
Question Paper
t 16
A
S.lCST, 6
2016
CODE: 507
BOOKLET NO.
100
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1. Which of the following is not a ground for eviction of a tenant? Unlawful subletting. Non use of the premises without reasonable cause for more than six months. Acquisition of suitable accommodation by the tenant. None of the above.
2. When a person does a thing with an intention of causing a wrongful gain to one person or a wrongful loss to another, he is said to have done that thing
fraudulently intentionally
voluntarily dishonestly
3. Which of the following is not a defamation?
A says ironically, is an honest man; he never stole watch intending to believe otherwise.
A at the hearing of the case in good faith argued, evidence is so contradictory that he must be stupid or dishonest".
A says at the hearing, "I do not believe what Z stated because I know him to be a man without veracity".
A drew a picture of Z showing him running with watch, intending to be believed that Z stole watch.
4. If the offence is punishable with fine only, the imprisonment in default of payment of fine shall be:
Simple
Rigorous
Simple or rigorous as the court may order
Partly Simple and partly rigorous as the court may direct
5. Which of the following is not a punishment recognised by law?
Death Imprison with hard-labour
Forfeiture of property Transportation for life
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6. How contract of sale of goods is to be made?
in writing
by words of mouth
partly in writing and partly by words of mouth
by conduct of parties
only and all
and only and
7. The Magistrate to whom accused is forwarded after arrest may from time to time authorise his detention in police custody for a term:
not exceeding:lO days not exceeding 14 days
not exceeding 15 days as he thinks fit.
8. In a suit against Central Government, the authority to be named as defendant shall be
Government of India President of India
Union of India Prime Minister of India
9. Sale of immovable property in execution would become absolute:
On full payment of price by the auction purchaser.
When sale is confirmed by the court any time after sale.
If no application for setting aside sale is made or where such an application filed is disallowed and court confirms the sale.
When final bid is accepted by the court.
10. Person who lodged FIR is to be referred:
as a complainant as an informant
both the terms above mentioned applicant
n.
Suit on promissory note payable on demand is to be filed:
Within three years from the date of note.
Within three years from the date of demand:
Within three years from the date of transaction.
Within one year from the date of demand.
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12. Is the foreign judgement of a competent court conclusive?
not conclusive at all
conclusive when given on the merit of the case
conclusive even if passed exparte
No it is only relevant
13. Onerous gift means:
gift of property in bulk by a single transfer
gift of several things by a single h'ansfer, of which One is burdened by an obligation
gift of burdened property
oppressive, burdensome gift
14. When are all the original documents to be produced by the parties to the suit
With the plaint or the written statement.
During h'ial with the affidavit of examination in chief,
Even during cross-examination of the witnesses or before judgment.
On or before settlement of issues,
15. Citizen of India committed offence in Uganda and came back and is arrested in India, Under what law and where is he to be tried I
In Uganda as the law of that country
In India according to the provisions of the Indian Penal Code
In Uganda according to the provisions of the Indian Penal Code
In India as per the law of Uganda
16. Indian Penal Code was mainly drafted by
Macculay Lord Mountbatten
Lord Dening Salmond
17. Which of the following is not a fundamental right?
Right to education Right to property
Right to freedom of religion Equality before law
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18. Against whom suit for restoration of possession U/S of Specific Relief Act is not tenable?
Landlord True owner Government Licensor
19. asks his son to bring a stick, saying to " I will give you a good beating and set you right". What offence, if any committed?
Criminal force Assault
Criminal intimidation No offence
20. Res gestae means
Adverse gesture of an accused
Ogle at some one
Things done or words spoken naturally as a part of the same transaction
Gesture made or expressed something spontaneously
21. A person is presumed to be a legitimate son of a man though born after dissolution of marriage with his mother, if he is .
born within 280 days of the dissolution and his mother remained unmarried.
born within 9 months after dissolution of marriage.
born within 280 days after dissolution even if his mother married with some one.
born within 280 days after dissolution and even though it is proved that above said had no access to his mother during the period he was begotten.
22. Second appeal U/S 100 of Civil Pro. Code shall lie
When decree of trial court is set aside, allowing 1st appeal.
When there are divergent views of trial court and first appeal court on material issues.
When High Court is satisfied that in this case substantial question of law is involved.
In any case after decision of the first appeal.
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23. Against whom specific performance of contract can be enforced?
Parties to the contract.
Any person claiming under the party to the contract.
Transferee for value who has paid money in good faith having notice of the contract.
When a company entered into contract, subsequently amalgamated with another company, new company which arises out of amalgamation.
and and
and All the above
24. What is the period within which application for setting aside abatement of suit is to be filed?
30 days from the date of abatement of suit
60 days from the date abatement of suit
90 days from the date of abatement of suit
30 days from the date of order of abatement of suit
25. Which of the following is a 'Court of record'
High court District court
Family court Labour court
26. Accused is charged under section 325 I.P.Code. All the facts except grievous hurt are proved.
Whether he can be convicted of any offence
Yes, for the offence punishable UIS 323 I.P.Code
Yes, for the offence punishable VIS 335 I.P.Code
No, he cannot be convicted of any offence
only only only or
27. What sort of acts of husband or his relatives amount to cruelty
Harassment of the woman caused with the intention that she would leave matrimonial house
Deserting the woman without any fault on her part
Wilful conduct likely to drive a woman to commit suicide or cause a grave injury to her life
Keeping illicit relations with another woman
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28.
What facts should be stated in the affidavit of examination in chief of plaintiff or defendant or their witnesses?
29.
In case a complaint is made by a public servant in writing, in discharge of his official duties:
All facts they asserted in their pleadings.
Only such facts, the deponent believes to be h·ue.
Only such facts as the deponent is able to prove on his own.
All such facts deponent knows personally and also those he came to know from
others.
it is necessary for the Magish'ate to examine him and the witnesses.
it is not necessary for the Magistrate to examine him or the witnesses.
it is not necessary to examine public servant but witnesses need to be examined.
Examination of the public servant or witnesses is at the discretion of the Magistrate.
30. India is a
Police state Welfare state
Aristrocratic state Socialistic state
31. Which of the following is or are the correct prepositions?
All agreements are contract.
An agreement which is enforceable by law is a contract.
An agreement which is enforceable by law at the option of one party is a voidable contract.
All the above and only and only only
32, Magistrate may order U/S 125 of Cri Pro. Code, the non-applicant to pay to an applicant for maintenance at such monthly rate
not exceeding 5000/
not exceeding 1000/·
as such a Magistrate may think it fit
not exceeding 500/
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33. Which of the following is not a document? Caricature on a stone Currency note Photograph Blood stained clothes
34. Right of the accused to keep silence is a civil right fundamental right a statutory right human right
35. Transfer of immovable property is said to be fraudulant
When transfer of sale is entered defraud the purchaser
When transferor is insolvent
When transferor has no authority to transfer
When transfer is made with an intention to defeat or delay the creditors
36. Complaint means
allegations made to magistrate for taking action, that some person conunitted an offence.
allegation made to police station officer that some person committed offence.
such allegations made to superintendent of police.
includes all the above.
37. First Information Report can be used during trial:
only to contradict the inlormant.
only to corroborate the version of the inlormant before court.
to contradict and corroborate the inlormant when examined as a witness.
to corroborate the oral evidence of other witnesses.
38. Suit relating to immovable property is to be filed in a court within whose jurisdiction:
defendant resides plaintiff resides
property is situated cause of action arose
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39. Which of the following can be transferred?
An actionable claim
An easement apart from the dominant heritage
A Mere right to sue
Spes successionis
40. A person is entitled to protection of his possession of immovable property he got in part performance of a contract, provided
Contract is in writing, signed by the transferor
Contract is for consideration
Transferee has performed or willing to perform his part of contract
Contract is registered
and and
and to all above requirements are fulfilled
41. Period of limitation for regular suit for possession when plaintiff asserts dispossession by the dependant is
One year Three years Twelve years Twenty years
42. Lurking house trespass means:
Trespass openly made to commit offence.
Trespass made to insult the person in possession.
Trespass making forceable entry in the house.
Trespass taking precaution to conceal such a house trespass from the person who could object or eject a trespasser.
43. Which of the following is or are the correct propositions?
Partnership firm is a legal entity
Partnership firm is a collective name for partners
H.U.F. carrying business is not a partnership
Contract between the partners is a foundation of partnership
only and only
and only and only
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44. Which of the following propositions is correct
Statement of witness recorded by police CaIIDOt be used during enquiry Or trial of such offence.
Such statement of witness can be used at the enquiry or trial to contradict him when he is called as a witness by prosecution or defence.
Such statement of witness can be used at the trial to contradict or corroborate such witness.
Statement recorded by the police can be used in the enquiry or trial by the accused or prosecution to contradict such a witness when he is called by the prosecution.
45. Application for delivery of possession by the purchaser of immovable property at the sale in execution of decree is to be made within
One year when sale becomes absolute
One year from the date of sale
Three years from the date of sale
12 years from the date of sale
46. Suit for specific performance of contract is to be filed;
Within three years from the date of agreement.
Within three years from the date fixed for performance. If no such date is fixed, when performance is refused.
Within three years from the date when notice demanding performance is served.
Within five years from the date, performance is refused.
47. When is symbolic possession of inunovable property required to be given in execution:
Person in possession is a tenant or other person is entitled to occupy property despite the decree.
Person in possession refuses to vacate or hand over possession.
Property is locked.
Property is in such a state that actual possession can not be delivered.
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48. Which of the following propositions is a correct one?
Statement of a person who is dead is relevant when it relates to cause of death of anybody.
Statement of deceased made in will, deed etc. relating to relationship by blood, marriage with the deceased and is about affairs of his family, is relevant.
Statement of a witness recorded by a magistrate UIS 164 of Cri. P. Code before his death, is relevant.
Statement of witness recorded under section 299 of Cri. Pro. Code, but is alive, can be used as evidence without his examination.
49. Which of the following propositions are correct Declaration granted UIS 34 of the Specific Relief Act:
is a decision binding on the parties to the suit.
is a decision binding on the persons claiming through such parties.
is also binding on other persons who are denying or are interested to deny such status, right of the party declared.
is a judgement in rem
and only and and All the above
50. Application for execution of decree granting mandatory injuction is to be made:
Within one year Within three years
Within twelve years 90 days
51. Premises (under Maha. Rent Control Act) means
Any building Part of building
A room or apartment Land or open plot
All the above
and only
and only
and only
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52. Compensatory cost can be awarded when:
Oaim made or defence taken in any suit is found false or vexatious
Claim or defence in a suit is objected to by the adverse party and is found to be false or vexatious
Suit is dismissed on the ground that claim is not proved at all
The court in it's discretion considers it just and proper to award such a cost
53. Court may presume a document to be duly executed and attested:
When document is 20 years old and produced from proper custody.
When document is original produced from proper custody and 30 years old.
When document is a copy but 30 years old and produced from proper custody.
When notice to produce document is given but it is not produced.
54. Written statement is to be filed:
Within 90 days from the date of service of summons.
Within 30 days from the date of first appearance of the defendant.
Within 90 days from the first appearance of defendant.
Within 30 days from the date of service of summons,
55. Which of the following is a correct proposition?
Contract for sale a contract to sale property as per the terms settled
Contract for sale is executed, not a executory contract
Contract for sale creates right in the property to be sold
Contract for sale creates charge on the property to be sold
56. Frustration of contract means
Performance of contract becomes afterward impossible because of inaction of promiser
Performance of contract becomes afterward impossible or unlawful for no fault of promiser
Performance of contract becomes difficult
only only
and only and only
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57. keeping bait in the pocket, dishonestly induced a dog of to go with him, thus he took away the dog out of possession of What offence, if any has A committed?
Criminal force Abducation
Theft No offence
58. For what an injunction can be granted?
to prevent breach of obligation in favour of plaintiff.
to restrain a person from instituting or prosecuting criminal proceeding.
to prevent breach of contract, the performance of which would not be specifically enforced.
only and only and only In all the cases
59. How the contents of a document are to beproved
By oral evidence of the author.
By oral evidence of the scribe.
By primary or secondary evidence.
By oral admissions as to the contents when party is not entitled to give secondary evidence.
60. 'Dowry death', means:
death of a woman under suspicious circumstances within 7 years of her marriage.
death of a woman under suspicious circumstances within 5 years of her marriage.
death of a woman under suspicious circumstances within 7 years of her marriage and she was subjected to cruelty by her husband or inlaws, just before her death.
death of a woman under suspicious circumstances within 5 years of her marriage and she was subjected to cruelty by her husband or inlaws.
61. Court can take cognisance of the offence of defamation;
on a police report
upon a complaint made by a person aggrieved by the offence
upon information received from any other person
upon complaint filed by anybody
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62. Warrant of arrest may be directed to a police officer. more than one police officer. any other person. only and only only and all
63. Which of the following are the correct propositions?
Every partner has a right to have access and to inspect books of the firm.
Every partner has a right to take part in the business of the firm.
Every partner has a right to show profit.
Every partner has implied authority to open banking account in his own name.
and and
and All the above
64. Evidence of a witness recorded in the earlier proceeding is relevant and admissible in the subsequent proceeding provided:
Witness is dead or cannot be examined and the earlier proceeding was between the same parties, issues were the same and adverse party had the right to cross examine the witness.
Witness is dead or cannot be examined and issues in the earlier proceeding were the same.
Witness has become hostile to the party who is required to examine him in subsequent proceeding.
Witness is not willing to give evidence in subsequent proceeding though his evidence is material.
65. Injury means:
Defamation, damage to reputation
Voluntarily causing hurt to any person
Harm caused lawfully to any person or property
only only
and both All the above acts
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66. When a person dies intestate without any heir, his property vests in
the person who performs his last rites
his relatives though they are not his legal heirs
the one who took his care during his last days
the (Government) by escheat
67. Which of the following irregularities vitiate the proceedings?
Magistrate though not empowered, tender pardon UIS 306 Cri Pro.Code in good faith.
Magistrate not empowered, makes over case to other Magistrate.
Magistrate not empowered, tried the offence summarily.
Magistrate though not competent, decides an appeal.
and and
and and
68. Who amongst the following is not a competent witness?
School going boy of the age of 8 yrs.
A blind since birth.
A person unable to speak or communicate verbally.
A child of four years of age unable to answer rationally.
69. Cross-examination of a witness means
an examination by adverse party.
further examination of own witness who is hostile.
an examination of witness to test his veracity, by any party.
examination of witness by the court itseU.
70. Suit for compensation for malicious prosecution is required to be filed within
Three years from the date of acquittal
Five years from the date of acquittal
One year from the date of acquittal
One year from the date of demand of compensation by notice
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71. How a will is required to be proved
By examining the scribe.
By examining the person who had seen the testator executing the will.
By the oral evidence of propounder of the will.
By examining at least one attesting wibless if alive or capable of giving evidence.
72. Agreement without consideration is
Valid
Void
Valid provided it is in writing, registered and made on account of natural love and affection
only is correct only is correct
All are correct and are correct
73. A decree for partition of agricultural land declaring shares of the parties, is to be executed by:
the same court which passed the decree
the court to which decree is transferred UIS 39 of Civil Pro. Code
the collector or his gazetted subordinate deputed by him
the revenue court when precept is to it by the court which passed the decree
74. Which of the following are 'judgement in rem'
Judgement in declaratOlY suit under UIS. 34 of specific Relief Act.
Judgement in probate, matrimonial, admiralty or insolvency proceedings.
Judgement in criminal trials.
Judgement of Supreme Court.
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75. is tried for the murder of by poison which of the following facts are relevant at the trial of
Before the incident'A' had procured poison similar to that found in the body of
Earlier'A' had made attempt to kill
In the had murdered two others by poisoning.
was on inimical terms with
and only and only
and only All of the four facts.
76. Court of Chief Judicial Magistrate may pass a sentence of imprisonment for a term:
not exceeding five years not exceeding three years
not exceeding seven years not exceeding ten years
77. Which of the following is or are the correct propositions? In a part heard trial of a criminal case
Succeeding Magistrate can act upon the evidence recorded by his predecessor.
Succ:eeding Magistrate cannot act upon the evidence recorded by his predecessor.
Succeeding Magistrate cannot act upon such an evidence recorded by his predecessor only in summary trial.
only is correct and are correct
only is correct none of the above
78. Which of the follOWing is a correct proposition
Warranty is a stipulation essential to the main contract of sale of goods.
Warranty is a stipulation collateral to the main purpose of contract.
Breach of warranty gives right to a buyer to repudiate the contract.
only only
only and only
79. Lease for a month to month can' be determined by
30 days notice in writing is given by lessor
15 days notice in writing duly singed
15 days notice expiring with the end of the month of tenancy
Oral notice by lessor
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80. Minor can institute a suit for recovery of movable property Within one year after he attains majority Within three years after he attains majority Within three years from the date of cause of action, through next friend Within twelve years after he attains majority
81. Which of the following contracts can not be specifically enforced?
A party is unable to perform whole of the contract and the part which can not be perfonned is small and admit compensation in money
A contract which is dependent on the personal qualification or violation of the party
A contract which is in its nature determinable
A contract for the non performance of which compensation in money is an adequate relief
All the above and
and and
82. Landlord is entitled to inspect the premises:
at any time even without prior notice to the tenant
at any time giving prior notice to the tenant
at a reasonable time giving prior notice to the tenant
during day time only giving a notice to the tenant
83. When is notice of execution under rule 22 of Ord XXI c.P. Code necessary
As a rule in all execution cases show cause notice is needed to be given.
When warrant of possession of immovable property is saught in execution.
When execution is filed, more than two years after date of decree.
When execution is filed by legal representative of the decree holder.
84. What is the period of limitation for taking congnizance of the offence UIS 326 of I.P. Code?
Five years Three Years
Seven Years No period is prescribed
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85. Which of the following confessions made by the accused is admissible?
Voluntary confession made to the police officer.
Confession caused by threat, inducementproceeding from person in authority, having reference to the charge against accused etc.
Voluntary statement made in police custody.
Voluntary confession made while in police custody but made to the magistrate.
86. Which of the following are the conect propositions?
Minor can be admitted as a partner
Minor cannot be a partner but may be admitted to the benefit of partnership
Minor admitted to the benefit of partnership can have access to the account of the firm
Such a minor is not personally liable for an act of the firm
and and
and and only
87. committed theft of two gold chains of who is a resident of Pune, but from a place in Mumbai, one chain was recovered from at Jalna; another from at Huldana. purchased chains knowing them to be stolen properties.
Which court can enquire and try the offence
Court in Mumbai only
Court at Jalna or Huldana
Court in Mumbai as well as Jalna and Buldana
Court in Pune
88. Which of the following properties can be attached in execution of a money decree?
Cooking utensils, beds etc. Implements of husbandary
Books of account Shares in the corporations
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89. If a landlord without a just cause cuts off or withholds essential 'pply or service enjoyed by the tenant, helshe is liable to be punished with imprisonment for a term:
Which may extend to one month or a fine which may extend to one thousand or both.
Which may extend to three months or a fine which may extend to one thousand or with both.
Which may extend to three months and a fine which may extend to one thousand.
Which may extend to one month and a fine which may extend to one thousand.
90. Which of the following courts has got inherent powers to make orders in criminal proceedings to prevent abuse of process or to secure ends of justice
Court of sessions Chief Judicial Magistrate
High Court An the above
91. Objection to the jurisdiction of the court can be entertained
in appeal also for the first time
during trial of the suit
at any stage of the suit
if taken at the earliest opportunity or before settlement of issues
92. A man deliberately did an act and frighten a girl of weak heart, who fell unconscience. What offence if any has he committed
UIS 323 lPC UIS 326 IPC UIS 325 IPC No offence
93. Act of the child is no offence when the child is
Under 8 years Under 10 years
Under 12 years Under 7 years
94. The term 'legal representative', means
the legal heir of the deceased party
a person who in law represents estate of the deceased party
a person nominated by the deceased party
other relatives though they are not legal heirs
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95. Which of the following authorities is not a for the purpose of part III of Constitution of India?
Government Companies Public Sector Undertaking
Municipal Corporation Board of Control for Cricket of India (BCCI)
96. When is a person eligible for appointment as a District Judge?
If he has been an advocate for not less than seven years
If he has practised as an advocate for more than three years
If he has been, an advocate for not less than five years
If he has practised as an advocate for a year
97. Every agreement between landlord and tenant for letting out of the premises is required to be:
in writing and registered
in writing and registered if it is for a period one year or more
in writing but it need not be registered
in writing and if it is for a period 3 years or more
98. Which of the following is an incorrect proposition
Admission may be a statement oral or written.
Admission is conclusive proof of the fact admitted.
Maker of the admission may prove that it was erroneously made.
Admission can be used against it's maker or his representative in interest.
99. handed over 200 kg. 'Tur Dar' to a carrier, to carry it to his town. carried it to his own village dishonestly. What offence has committed?
Criminal misappropriation of property
Criminal breach of trust
Theft of property
No offence
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100. Suit filed after the prescribed period of limitation:
has to be dismissed when objection is raised in defence.
has to be dismissed even though no objection as to limitation is raised in defence.
has to be dismissed unless sufficient cause for the delay is shown.
can be entertained and decided on merit if court considers it just and proper.
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S.lCST, 6
2016
CODE: 507
BOOKLET NO.
100
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1. Which of the following is not a ground for eviction of a tenant? Unlawful subletting. Non use of the premises without reasonable cause for more than six months. Acquisition of suitable accommodation by the tenant. None of the above.
2. When a person does a thing with an intention of causing a wrongful gain to one person or a wrongful loss to another, he is said to have done that thing
fraudulently intentionally
voluntarily dishonestly
3. Which of the following is not a defamation?
A says ironically, is an honest man; he never stole watch intending to believe otherwise.
A at the hearing of the case in good faith argued, evidence is so contradictory that he must be stupid or dishonest".
A says at the hearing, "I do not believe what Z stated because I know him to be a man without veracity".
A drew a picture of Z showing him running with watch, intending to be believed that Z stole watch.
4. If the offence is punishable with fine only, the imprisonment in default of payment of fine shall be:
Simple
Rigorous
Simple or rigorous as the court may order
Partly Simple and partly rigorous as the court may direct
5. Which of the following is not a punishment recognised by law?
Death Imprison with hard-labour
Forfeiture of property Transportation for life
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6. How contract of sale of goods is to be made?
in writing
by words of mouth
partly in writing and partly by words of mouth
by conduct of parties
only and all
and only and
7. The Magistrate to whom accused is forwarded after arrest may from time to time authorise his detention in police custody for a term:
not exceeding:lO days not exceeding 14 days
not exceeding 15 days as he thinks fit.
8. In a suit against Central Government, the authority to be named as defendant shall be
Government of India President of India
Union of India Prime Minister of India
9. Sale of immovable property in execution would become absolute:
On full payment of price by the auction purchaser.
When sale is confirmed by the court any time after sale.
If no application for setting aside sale is made or where such an application filed is disallowed and court confirms the sale.
When final bid is accepted by the court.
10. Person who lodged FIR is to be referred:
as a complainant as an informant
both the terms above mentioned applicant
n.
Suit on promissory note payable on demand is to be filed:
Within three years from the date of note.
Within three years from the date of demand:
Within three years from the date of transaction.
Within one year from the date of demand.
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12. Is the foreign judgement of a competent court conclusive?
not conclusive at all
conclusive when given on the merit of the case
conclusive even if passed exparte
No it is only relevant
13. Onerous gift means:
gift of property in bulk by a single transfer
gift of several things by a single h'ansfer, of which One is burdened by an obligation
gift of burdened property
oppressive, burdensome gift
14. When are all the original documents to be produced by the parties to the suit
With the plaint or the written statement.
During h'ial with the affidavit of examination in chief,
Even during cross-examination of the witnesses or before judgment.
On or before settlement of issues,
15. Citizen of India committed offence in Uganda and came back and is arrested in India, Under what law and where is he to be tried I
In Uganda as the law of that country
In India according to the provisions of the Indian Penal Code
In Uganda according to the provisions of the Indian Penal Code
In India as per the law of Uganda
16. Indian Penal Code was mainly drafted by
Macculay Lord Mountbatten
Lord Dening Salmond
17. Which of the following is not a fundamental right?
Right to education Right to property
Right to freedom of religion Equality before law
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18. Against whom suit for restoration of possession U/S of Specific Relief Act is not tenable?
Landlord True owner Government Licensor
19. asks his son to bring a stick, saying to " I will give you a good beating and set you right". What offence, if any committed?
Criminal force Assault
Criminal intimidation No offence
20. Res gestae means
Adverse gesture of an accused
Ogle at some one
Things done or words spoken naturally as a part of the same transaction
Gesture made or expressed something spontaneously
21. A person is presumed to be a legitimate son of a man though born after dissolution of marriage with his mother, if he is .
born within 280 days of the dissolution and his mother remained unmarried.
born within 9 months after dissolution of marriage.
born within 280 days after dissolution even if his mother married with some one.
born within 280 days after dissolution and even though it is proved that above said had no access to his mother during the period he was begotten.
22. Second appeal U/S 100 of Civil Pro. Code shall lie
When decree of trial court is set aside, allowing 1st appeal.
When there are divergent views of trial court and first appeal court on material issues.
When High Court is satisfied that in this case substantial question of law is involved.
In any case after decision of the first appeal.
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23. Against whom specific performance of contract can be enforced?
Parties to the contract.
Any person claiming under the party to the contract.
Transferee for value who has paid money in good faith having notice of the contract.
When a company entered into contract, subsequently amalgamated with another company, new company which arises out of amalgamation.
and and
and All the above
24. What is the period within which application for setting aside abatement of suit is to be filed?
30 days from the date of abatement of suit
60 days from the date abatement of suit
90 days from the date of abatement of suit
30 days from the date of order of abatement of suit
25. Which of the following is a 'Court of record'
High court District court
Family court Labour court
26. Accused is charged under section 325 I.P.Code. All the facts except grievous hurt are proved.
Whether he can be convicted of any offence
Yes, for the offence punishable UIS 323 I.P.Code
Yes, for the offence punishable VIS 335 I.P.Code
No, he cannot be convicted of any offence
only only only or
27. What sort of acts of husband or his relatives amount to cruelty
Harassment of the woman caused with the intention that she would leave matrimonial house
Deserting the woman without any fault on her part
Wilful conduct likely to drive a woman to commit suicide or cause a grave injury to her life
Keeping illicit relations with another woman
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28.
What facts should be stated in the affidavit of examination in chief of plaintiff or defendant or their witnesses?
29.
In case a complaint is made by a public servant in writing, in discharge of his official duties:
All facts they asserted in their pleadings.
Only such facts, the deponent believes to be h·ue.
Only such facts as the deponent is able to prove on his own.
All such facts deponent knows personally and also those he came to know from
others.
it is necessary for the Magish'ate to examine him and the witnesses.
it is not necessary for the Magistrate to examine him or the witnesses.
it is not necessary to examine public servant but witnesses need to be examined.
Examination of the public servant or witnesses is at the discretion of the Magistrate.
30. India is a
Police state Welfare state
Aristrocratic state Socialistic state
31. Which of the following is or are the correct prepositions?
All agreements are contract.
An agreement which is enforceable by law is a contract.
An agreement which is enforceable by law at the option of one party is a voidable contract.
All the above and only and only only
32, Magistrate may order U/S 125 of Cri Pro. Code, the non-applicant to pay to an applicant for maintenance at such monthly rate
not exceeding 5000/
not exceeding 1000/·
as such a Magistrate may think it fit
not exceeding 500/
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33. Which of the following is not a document? Caricature on a stone Currency note Photograph Blood stained clothes
34. Right of the accused to keep silence is a civil right fundamental right a statutory right human right
35. Transfer of immovable property is said to be fraudulant
When transfer of sale is entered defraud the purchaser
When transferor is insolvent
When transferor has no authority to transfer
When transfer is made with an intention to defeat or delay the creditors
36. Complaint means
allegations made to magistrate for taking action, that some person conunitted an offence.
allegation made to police station officer that some person committed offence.
such allegations made to superintendent of police.
includes all the above.
37. First Information Report can be used during trial:
only to contradict the inlormant.
only to corroborate the version of the inlormant before court.
to contradict and corroborate the inlormant when examined as a witness.
to corroborate the oral evidence of other witnesses.
38. Suit relating to immovable property is to be filed in a court within whose jurisdiction:
defendant resides plaintiff resides
property is situated cause of action arose
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39. Which of the following can be transferred?
An actionable claim
An easement apart from the dominant heritage
A Mere right to sue
Spes successionis
40. A person is entitled to protection of his possession of immovable property he got in part performance of a contract, provided
Contract is in writing, signed by the transferor
Contract is for consideration
Transferee has performed or willing to perform his part of contract
Contract is registered
and and
and to all above requirements are fulfilled
41. Period of limitation for regular suit for possession when plaintiff asserts dispossession by the dependant is
One year Three years Twelve years Twenty years
42. Lurking house trespass means:
Trespass openly made to commit offence.
Trespass made to insult the person in possession.
Trespass making forceable entry in the house.
Trespass taking precaution to conceal such a house trespass from the person who could object or eject a trespasser.
43. Which of the following is or are the correct propositions?
Partnership firm is a legal entity
Partnership firm is a collective name for partners
H.U.F. carrying business is not a partnership
Contract between the partners is a foundation of partnership
only and only
and only and only
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44. Which of the following propositions is correct
Statement of witness recorded by police CaIIDOt be used during enquiry Or trial of such offence.
Such statement of witness can be used at the enquiry or trial to contradict him when he is called as a witness by prosecution or defence.
Such statement of witness can be used at the trial to contradict or corroborate such witness.
Statement recorded by the police can be used in the enquiry or trial by the accused or prosecution to contradict such a witness when he is called by the prosecution.
45. Application for delivery of possession by the purchaser of immovable property at the sale in execution of decree is to be made within
One year when sale becomes absolute
One year from the date of sale
Three years from the date of sale
12 years from the date of sale
46. Suit for specific performance of contract is to be filed;
Within three years from the date of agreement.
Within three years from the date fixed for performance. If no such date is fixed, when performance is refused.
Within three years from the date when notice demanding performance is served.
Within five years from the date, performance is refused.
47. When is symbolic possession of inunovable property required to be given in execution:
Person in possession is a tenant or other person is entitled to occupy property despite the decree.
Person in possession refuses to vacate or hand over possession.
Property is locked.
Property is in such a state that actual possession can not be delivered.
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48. Which of the following propositions is a correct one?
Statement of a person who is dead is relevant when it relates to cause of death of anybody.
Statement of deceased made in will, deed etc. relating to relationship by blood, marriage with the deceased and is about affairs of his family, is relevant.
Statement of a witness recorded by a magistrate UIS 164 of Cri. P. Code before his death, is relevant.
Statement of witness recorded under section 299 of Cri. Pro. Code, but is alive, can be used as evidence without his examination.
49. Which of the following propositions are correct Declaration granted UIS 34 of the Specific Relief Act:
is a decision binding on the parties to the suit.
is a decision binding on the persons claiming through such parties.
is also binding on other persons who are denying or are interested to deny such status, right of the party declared.
is a judgement in rem
and only and and All the above
50. Application for execution of decree granting mandatory injuction is to be made:
Within one year Within three years
Within twelve years 90 days
51. Premises (under Maha. Rent Control Act) means
Any building Part of building
A room or apartment Land or open plot
All the above
and only
and only
and only
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52. Compensatory cost can be awarded when:
Oaim made or defence taken in any suit is found false or vexatious
Claim or defence in a suit is objected to by the adverse party and is found to be false or vexatious
Suit is dismissed on the ground that claim is not proved at all
The court in it's discretion considers it just and proper to award such a cost
53. Court may presume a document to be duly executed and attested:
When document is 20 years old and produced from proper custody.
When document is original produced from proper custody and 30 years old.
When document is a copy but 30 years old and produced from proper custody.
When notice to produce document is given but it is not produced.
54. Written statement is to be filed:
Within 90 days from the date of service of summons.
Within 30 days from the date of first appearance of the defendant.
Within 90 days from the first appearance of defendant.
Within 30 days from the date of service of summons,
55. Which of the following is a correct proposition?
Contract for sale a contract to sale property as per the terms settled
Contract for sale is executed, not a executory contract
Contract for sale creates right in the property to be sold
Contract for sale creates charge on the property to be sold
56. Frustration of contract means
Performance of contract becomes afterward impossible because of inaction of promiser
Performance of contract becomes afterward impossible or unlawful for no fault of promiser
Performance of contract becomes difficult
only only
and only and only
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57. keeping bait in the pocket, dishonestly induced a dog of to go with him, thus he took away the dog out of possession of What offence, if any has A committed?
Criminal force Abducation
Theft No offence
58. For what an injunction can be granted?
to prevent breach of obligation in favour of plaintiff.
to restrain a person from instituting or prosecuting criminal proceeding.
to prevent breach of contract, the performance of which would not be specifically enforced.
only and only and only In all the cases
59. How the contents of a document are to beproved
By oral evidence of the author.
By oral evidence of the scribe.
By primary or secondary evidence.
By oral admissions as to the contents when party is not entitled to give secondary evidence.
60. 'Dowry death', means:
death of a woman under suspicious circumstances within 7 years of her marriage.
death of a woman under suspicious circumstances within 5 years of her marriage.
death of a woman under suspicious circumstances within 7 years of her marriage and she was subjected to cruelty by her husband or inlaws, just before her death.
death of a woman under suspicious circumstances within 5 years of her marriage and she was subjected to cruelty by her husband or inlaws.
61. Court can take cognisance of the offence of defamation;
on a police report
upon a complaint made by a person aggrieved by the offence
upon information received from any other person
upon complaint filed by anybody
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62. Warrant of arrest may be directed to a police officer. more than one police officer. any other person. only and only only and all
63. Which of the following are the correct propositions?
Every partner has a right to have access and to inspect books of the firm.
Every partner has a right to take part in the business of the firm.
Every partner has a right to show profit.
Every partner has implied authority to open banking account in his own name.
and and
and All the above
64. Evidence of a witness recorded in the earlier proceeding is relevant and admissible in the subsequent proceeding provided:
Witness is dead or cannot be examined and the earlier proceeding was between the same parties, issues were the same and adverse party had the right to cross examine the witness.
Witness is dead or cannot be examined and issues in the earlier proceeding were the same.
Witness has become hostile to the party who is required to examine him in subsequent proceeding.
Witness is not willing to give evidence in subsequent proceeding though his evidence is material.
65. Injury means:
Defamation, damage to reputation
Voluntarily causing hurt to any person
Harm caused lawfully to any person or property
only only
and both All the above acts
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66. When a person dies intestate without any heir, his property vests in
the person who performs his last rites
his relatives though they are not his legal heirs
the one who took his care during his last days
the (Government) by escheat
67. Which of the following irregularities vitiate the proceedings?
Magistrate though not empowered, tender pardon UIS 306 Cri Pro.Code in good faith.
Magistrate not empowered, makes over case to other Magistrate.
Magistrate not empowered, tried the offence summarily.
Magistrate though not competent, decides an appeal.
and and
and and
68. Who amongst the following is not a competent witness?
School going boy of the age of 8 yrs.
A blind since birth.
A person unable to speak or communicate verbally.
A child of four years of age unable to answer rationally.
69. Cross-examination of a witness means
an examination by adverse party.
further examination of own witness who is hostile.
an examination of witness to test his veracity, by any party.
examination of witness by the court itseU.
70. Suit for compensation for malicious prosecution is required to be filed within
Three years from the date of acquittal
Five years from the date of acquittal
One year from the date of acquittal
One year from the date of demand of compensation by notice
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71. How a will is required to be proved
By examining the scribe.
By examining the person who had seen the testator executing the will.
By the oral evidence of propounder of the will.
By examining at least one attesting wibless if alive or capable of giving evidence.
72. Agreement without consideration is
Valid
Void
Valid provided it is in writing, registered and made on account of natural love and affection
only is correct only is correct
All are correct and are correct
73. A decree for partition of agricultural land declaring shares of the parties, is to be executed by:
the same court which passed the decree
the court to which decree is transferred UIS 39 of Civil Pro. Code
the collector or his gazetted subordinate deputed by him
the revenue court when precept is to it by the court which passed the decree
74. Which of the following are 'judgement in rem'
Judgement in declaratOlY suit under UIS. 34 of specific Relief Act.
Judgement in probate, matrimonial, admiralty or insolvency proceedings.
Judgement in criminal trials.
Judgement of Supreme Court.
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75. is tried for the murder of by poison which of the following facts are relevant at the trial of
Before the incident'A' had procured poison similar to that found in the body of
Earlier'A' had made attempt to kill
In the had murdered two others by poisoning.
was on inimical terms with
and only and only
and only All of the four facts.
76. Court of Chief Judicial Magistrate may pass a sentence of imprisonment for a term:
not exceeding five years not exceeding three years
not exceeding seven years not exceeding ten years
77. Which of the following is or are the correct propositions? In a part heard trial of a criminal case
Succeeding Magistrate can act upon the evidence recorded by his predecessor.
Succ:eeding Magistrate cannot act upon the evidence recorded by his predecessor.
Succeeding Magistrate cannot act upon such an evidence recorded by his predecessor only in summary trial.
only is correct and are correct
only is correct none of the above
78. Which of the follOWing is a correct proposition
Warranty is a stipulation essential to the main contract of sale of goods.
Warranty is a stipulation collateral to the main purpose of contract.
Breach of warranty gives right to a buyer to repudiate the contract.
only only
only and only
79. Lease for a month to month can' be determined by
30 days notice in writing is given by lessor
15 days notice in writing duly singed
15 days notice expiring with the end of the month of tenancy
Oral notice by lessor
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80. Minor can institute a suit for recovery of movable property Within one year after he attains majority Within three years after he attains majority Within three years from the date of cause of action, through next friend Within twelve years after he attains majority
81. Which of the following contracts can not be specifically enforced?
A party is unable to perform whole of the contract and the part which can not be perfonned is small and admit compensation in money
A contract which is dependent on the personal qualification or violation of the party
A contract which is in its nature determinable
A contract for the non performance of which compensation in money is an adequate relief
All the above and
and and
82. Landlord is entitled to inspect the premises:
at any time even without prior notice to the tenant
at any time giving prior notice to the tenant
at a reasonable time giving prior notice to the tenant
during day time only giving a notice to the tenant
83. When is notice of execution under rule 22 of Ord XXI c.P. Code necessary
As a rule in all execution cases show cause notice is needed to be given.
When warrant of possession of immovable property is saught in execution.
When execution is filed, more than two years after date of decree.
When execution is filed by legal representative of the decree holder.
84. What is the period of limitation for taking congnizance of the offence UIS 326 of I.P. Code?
Five years Three Years
Seven Years No period is prescribed
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85. Which of the following confessions made by the accused is admissible?
Voluntary confession made to the police officer.
Confession caused by threat, inducementproceeding from person in authority, having reference to the charge against accused etc.
Voluntary statement made in police custody.
Voluntary confession made while in police custody but made to the magistrate.
86. Which of the following are the conect propositions?
Minor can be admitted as a partner
Minor cannot be a partner but may be admitted to the benefit of partnership
Minor admitted to the benefit of partnership can have access to the account of the firm
Such a minor is not personally liable for an act of the firm
and and
and and only
87. committed theft of two gold chains of who is a resident of Pune, but from a place in Mumbai, one chain was recovered from at Jalna; another from at Huldana. purchased chains knowing them to be stolen properties.
Which court can enquire and try the offence
Court in Mumbai only
Court at Jalna or Huldana
Court in Mumbai as well as Jalna and Buldana
Court in Pune
88. Which of the following properties can be attached in execution of a money decree?
Cooking utensils, beds etc. Implements of husbandary
Books of account Shares in the corporations
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89. If a landlord without a just cause cuts off or withholds essential 'pply or service enjoyed by the tenant, helshe is liable to be punished with imprisonment for a term:
Which may extend to one month or a fine which may extend to one thousand or both.
Which may extend to three months or a fine which may extend to one thousand or with both.
Which may extend to three months and a fine which may extend to one thousand.
Which may extend to one month and a fine which may extend to one thousand.
90. Which of the following courts has got inherent powers to make orders in criminal proceedings to prevent abuse of process or to secure ends of justice
Court of sessions Chief Judicial Magistrate
High Court An the above
91. Objection to the jurisdiction of the court can be entertained
in appeal also for the first time
during trial of the suit
at any stage of the suit
if taken at the earliest opportunity or before settlement of issues
92. A man deliberately did an act and frighten a girl of weak heart, who fell unconscience. What offence if any has he committed
UIS 323 lPC UIS 326 IPC UIS 325 IPC No offence
93. Act of the child is no offence when the child is
Under 8 years Under 10 years
Under 12 years Under 7 years
94. The term 'legal representative', means
the legal heir of the deceased party
a person who in law represents estate of the deceased party
a person nominated by the deceased party
other relatives though they are not legal heirs
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95. Which of the following authorities is not a for the purpose of part III of Constitution of India?
Government Companies Public Sector Undertaking
Municipal Corporation Board of Control for Cricket of India (BCCI)
96. When is a person eligible for appointment as a District Judge?
If he has been an advocate for not less than seven years
If he has practised as an advocate for more than three years
If he has been, an advocate for not less than five years
If he has practised as an advocate for a year
97. Every agreement between landlord and tenant for letting out of the premises is required to be:
in writing and registered
in writing and registered if it is for a period one year or more
in writing but it need not be registered
in writing and if it is for a period 3 years or more
98. Which of the following is an incorrect proposition
Admission may be a statement oral or written.
Admission is conclusive proof of the fact admitted.
Maker of the admission may prove that it was erroneously made.
Admission can be used against it's maker or his representative in interest.
99. handed over 200 kg. 'Tur Dar' to a carrier, to carry it to his town. carried it to his own village dishonestly. What offence has committed?
Criminal misappropriation of property
Criminal breach of trust
Theft of property
No offence
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100. Suit filed after the prescribed period of limitation:
has to be dismissed when objection is raised in defence.
has to be dismissed even though no objection as to limitation is raised in defence.
has to be dismissed unless sufficient cause for the delay is shown.
can be entertained and decided on merit if court considers it just and proper.
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