Question Booklet

DJ PW/LC
Booklet Series Booklet No\

A Date: 9th Dedémber, 2012

Total Questions: 100
Time 90 minutes. Total Marks : 200
INSTRUCTIONS
1. The booklet contains 100 questions.. AU questions carry equal
marks.
2.. Immediately after the commencement of the examination, you
should check that this booklet does not have any unprinted or torn or
missing pages or items, etc. If so please get it replaced by a complete
Booklet. Question booklet will not be replaced after marking answers
in answer-sheet. --
3. Encode clearly the booklet series A,B,C or D, as the case may be, and
indicate the series of question booklet, by completely shadowing the
appropriate circle, by black ink ball pen, in the appropriate place in
the answer-sheet.
4. If the candidate shadows the circle in the answer sheet which does
- not match the series of his/her question booklet provided, no marks
will be allotted to such answer-sheet.
5r, You shall enter your Roll number on the BlJokle t in t box provided
aldtigside.

b. You have to mark your choices Only ort&searate,Thhswer-sheet

provided for the same * Please see inst . jf on t pg re
answer-sheet. -
7. Penalty for wrong answer:
There will he penalty for wrong answers marked by candidate.
(i) There are four alternatives for, the answer to every
question. For each question for which a wrong answer has
O1'" Afl- SLAUAL

assigned to that question (0:50) will be deducted as penalty.

(ii) If a candidate gives more than one answer, it will treated as a
wrong answer, even if one of the given answers happens to he
correct and there will be same penalty as above to that
question.
(iii) if it question is left blank, i.e., no answer is giveil by the
candidate. there will he no penalty for that question.
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Sentence of solitary confinement is imposed in respect of

a. an offence for which under the Indian Penal Code
the Court has power to impose sentence of rigorous
imprisonment.
b. offence punishable with simple imprisonment.
C. an offence for which under any statute the Court has power
to impose sentence of rigorous imprisonment.
d. 'a and b above.

2. A garnishee is
a. the judgment debtOr.
b. a debtofof a Judgment debtor.
a judgment debtor's creditor.
d. the banker of the judgment debtor.

3. If a tenant in possession of immovable property is dispossessed by

a strangely the suit under Section .6 of Specifc Relicf Actmay bc
brought________
a. by none other than tenant.
b. by none other than landlord.
jointly by the tenant and landlord.
d. by landlord and/or tenant. -

A.. Wrongful assumption of public office can be ordered to be

C
4.
by *ritbf___________ . . •- .

a. Mandamus b. Certiorari

c. Prohibition . d. Quo-warranto

5. A report made by a police officer in a case which discloses, after

investigation commission of a non cognizable offence shall be
deemed to be
a. police report b charge sheet

C. complaint . d. 'final report

6. Every Will, except a Will made in exercise of a power of

appointment is revoked.....
a. by the marriage of the maker/testator.
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- b. by the maker/testator becoming insolvent.

C. by the maker/testator becoming of unsound mind.
d. all the above.

7. Which of the following is not a transfer of property?

a. will b. gift
C. exchange d. sale

S. Whoever does anything with the intention of causing wrongful

gain to one person or wrongful loss to another person is said to
do that thing
a. illegally b. dishonestly
C. knowingly d. fraudulently

9. When the consent of a party to a contract has been obtained by

undue influence, fraud or misrepresentation the contract is
a. voidable at the option of a party to a contract
whose consent has been so obtained.
b. voidable at the option of a party to a contract who has so
obtained the consent of the other party to the contract.
C. void.
d. valid.

10. Where a person erroneously represents that he is authorized to

transfer certain immovable property and professes to transfer
such property for consideration, such transfer shall, at the
option of the transferee, operate on any interest which the
transferor may acquire in such property at any time during
which the contract of transfer subsist. This principle is known
as
a. feeding the estoppel. b. conditional transfer.
C. election. d. fraudulent transfer.

11. Right to private defence under Section 99 of the Indian Penal

Code
- a. extends to causing any harm for the purpose of defence.
b. does not extend to causing more harm than necessary for
the purpose of defence.
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C. does not extend to causing any harm.

d. is unrestricted in both extent and duration.

12. The expression "dying intestate" refers to

a. dying without making a will.
b. dying without legal heirs.
C. dying without any property
d. none of the above.

13. Every suit shall be instituted

a. in the Principal Court of Original Civil Jurisdiction.
b. in any Court in the locality
C. in the Court of the lowest grade competent to try it.
d. in the Court of Civil Judge, Senior Division.

14. In case of consecutive sentences to be passed in one trial,

aggregate punishment shall not exceedthe amount of
punishment which the court is competent to inflict for a..
single offence.
a. thrice b. one forth
C. one half d. twice

15. Where a contract to give time to the Principal debtor is made b

the creditor with a third person, and not with the Principal•
debtor,_______
a. the surety stands cancelled.
b. the surety is discharged.
C. the surety is not discharged.
d. the surety stands suspended for limited period.

16. Which of the following gives the buyer right to repudiate

the contract and claim damages?
a. Warranty b. Condition
c. Security d. Guarantee
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17. The dismissal of a suit for specific performance of a contract

operates as a bar __________
a. to sue for compensation for breath of such contract.
I;, to sue for recovery of earnest money paid to the
defendant.
C. to sue for any other relief to which the plaintiff is
entitled, by reason of such breach.
ta' to c above.

18. When a Muslim husband and wife mutually consent to a divorce,

it is known as
a. Mubarat III Talaq
C. Khula rip None of the above

19: .A foreign judgment shall be conclusive as to any matter thereby

directly adjudicated upon between the same parties or between
parties under whom they or any of them claim litigating under
the same title except
a. where it has been obtained by fraud.
b. where it has not been given on the merits of the case.
C. where the proceeding in which the judgment was obtained
are opposed to natural justice.
d. all the above.

20. Marriage according to the Mahomedan Law is

a. sacrament b. formality
c.. a religious ceremony d. a civil contract

Directions: The following 1 to 8 items consist of two statements,one

labelled as the 'Assertion (A)' and the other as 'Reason (R)'. You are to
examine these two statements carefully and select the answers to these
items using the codes given below:
Codes:
a. Both A and Rare individually true and R is the
correct explanation of A
•b Both A and R are individually true but R is not the
correct explanation of A
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C. A is true but R is false

d. A is false but R is true
21 Statement 1(A)

Under Article 311 of the Constitution of India, a person who is a

member of a Civil Service of the Union 'or a State cannot be
dismissed or removed or reduced in rank except after an
enquiry.
Statement 11(R)
After such an enquiry; where it is proposed to impose upon
him any such penalty; it is obligatory to give such person an
opportunity of making a representation on the penalty proposed.

22 Statement 1(A)

The Constitution of India mandates that the Chairman and other

members of a State Public_ Service Commission shall be
appointed by the President.
Statement 11(R)
The President may by order remove from office the Chairman
or any other member of a State Public Service Commission.

23 Statement I (A)

In criminal proceedings, the fact that the accused person has a

bad character is relevant.
Statement 11(R)
A previous conviction is relevant as evidence of bad character.

24. Statement 1(A)

The preamble of the Constitution starts with 'We, the people of
India'.
Statement 11(R)
It implies that the Constitution is created by the entire nation.

25. Statement I (A)

Right to education is a fundamental right
M Statement 11(R)
Our Constitution had no provision for education before
making right to education as fundamental right.
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26. Statement I (A)
Under Article 141, the decision of the Supreme Court is binding
on all courts within the territory of India.
Statement 11(R)
The Supreme Court is bound by its earlier decisions.

27 Statement 1(A)
By Rule of Law we ordinarily mean supremacy of law.
Statement 11(R)

This means that nobody 'is above law and the law applies
to everyone equally.

28. Statement I (A)

Fundamental Rights are absolute in nature.
Statement 11(R)
Fundamental rights are valid with certain restrictions which
have been provided by the Constitution itself.

29. Where in any case, the Court should have dealt with an accused
person under the provisions of the Probation of Offenders Act
but has not done so, it is for the Court to record
special reasons for not having done so.
a. directory RI discretionary
C. mandatory desirable
30 Dominant heritage means
a. the land for the beneficial enjoyment of which the
easementaly right exits.
b. the land over which easementary right is exercised.
C. both 'a' and V.
d. the land which could not be subjected to an easementary
right.

31 Which of the following is covered under the original jurisdiction

of the Supreme Court?
a. Disputes between two citizens from two different States.
RI Disputes between two States of the Union of India.
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C. Dispute relating to criminal cases involving murder.

d. Dispute relating to civil matters.

32. Order under Section 357 of the Code of Criminal Procedure

granting compensation to the victim can be passed by -.
a. the trial court only b. the appellate court only
C. the revisional court only d. all of the above courts.

33. A obstructs a path along which B has a right to pass. A not

believing in good faith that he has a right to stop path. B is
thereby prevented from passing. Here
a. A has the right to restrain B.
b. A wrongfully restrains B.
C. A wrongfully confines B.
d. A infringes the fundamental right of B for free movement.

34. Continuous easement is one whose enjoyment is

a. one that needs the act of man for its enjoyment.
b. continual without the act of man.
C. one the existence of which is shown by some permanent
signs.
d. one which requires no signs as mentioned in option V.

35. Presumption under Section 90 of Indian Evidence Act, as to due

execution and attestation of document is attached to
a. registered document only.
b. thirty year old-document.
C. any twelve year old document.
d. any document obtained from the custody of Court.

36. When under the Will any benefit is given either by way of bequest
or by way of appointment to any person attesting the Will
a. the bequest or appointment shall be void so far as
concerns the person so attesting.
b. the Will is void in its entirety
C. the Will stands revoked.
d. the Will is valid in its entirety.
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37. Pleading means -

a. Plaint only
Plaint and/or written statement.
C. Written statement only
F!! Plaint, written statement and applications for interim relief.

38. A discovery of fact pursuant to a disclosure statement made by

accused person in custody of police (Sec. 27 Evidence Act)
includes
a. the object found.
b. the place from which the object is produced.
C. the knowledge of the accused as to the place from which
the object is produced.
d. all the above.

39. When a complaint is presented to a Magistrate, and the

-- Magistrate proceeds to examine the complainant and the
witnesses, the Magistrate is conducting_________
a. investigation. b. an inquiry
C. a trial. d. • a miscellaneous proceeding.

40. A witness who is not a party to a suit________

a. can be compelled by a party to produce his title deeds to any
property
b. cannot be compelled to produce his title deeds, to any
property.
C. cannot be compelled to produce his title deeds to any
property unless he agrees with the person seeking the
production of such deeds in writing to produce them.
d.. can be compelled to produce his title deeds to any property,
if the Court so desires.

41. If the donee dies before the acceptance of the gift, the gift is
a. valid.
b. void.
C. voidable.
d. valid if acceptance is communicated by the donee's heirs.
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- 42. 'X' puts jewels into a box belonging to Y with the intention that
they may be found in that box, and that this circumstance may
cause Y to be convicted of theft. X has -
a. prosecuted Y on the charge of theft.
b. fabricated false evidence.
C. charged Y for misappropriation of property
d. none of the above.

43. An Easementary Right by prescription over the property

belonging to the Government becomes absolute when it has been
peaceably enjoyed there with ?or the period of________
a. 25 years. b. 30 years.
C. 20 years. d. 22 years.
44. Period of limitation for suit against a person, in whom property
has become vested in trust for any specific purpose, for the
purpose of following in his hands such property is
a. 12 years. pol 6 years.
C. 3 years. no period of limitation.
45. Where duration of partnership is not specified in the
contract, the partnership is called____________
a. partnership in extenso. b. partnership pro tem.
c. partnership sine die. d. partnership at will.

46. "Actionable Claim" means a claim to any debt,._________

tM secured by mortgage of immovable property
U3 secured by hypothecation or pledge of movable property
C. other than a debt secured by mortgage of immovable
property or by hypothecation or pledge of movable property
d. none of the above.

47. Which Constitution Bench decision of the Supreme Court issued

the guidelines to decide a case of rarest of rare category for
imposing death sentence?
a. Bachan Singh's case Kehar Singh's case
C. Baldev Singh's case d. Tahasildar Singh's case
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48. "Res gestue" is a phrase which relates .o the provisionsof_______
a. The Code of Civil Procedure.
B. Hindu Law.
c. The Evidence Act.
d. Interpretation of Statutes.

49. Accessory rights mean__________

a. right to access/way
b. right to do acts necessary to secure the full enjoyment of an
easement.
C. right to air and light.
d. all the above.

50. For creating a• partnership, it is essential for the partners

to agree__________
- a. to share losses. b. to share profits.
C. to share experiences. d. to share privileges.

51. Under the Child Marriage Restraint Act, 1929 child means a
person who, if a male, has not completed _______ years of age.
a. 14 b. 21
C. 16 d. 18

52. Any agreement for giving or taking of dowry shall be_________

a. valid; b. void.
C. voidable. d. none of the above.

53. Under Hindu Succession Act, a person is disqualified from

inheriting the property if
a. he suffers from any virulent disease.
b. he is disabled/handicapped.
c. he commits the murder of the person whose property is to
be inherited.
d. he has been convicted for any other offence.
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54. Juvenile in conflict with law means a juvenile who has not
completed__________
a. eighteenth year of age at the time of commission of
offence.
b. eighteenth years of age at the time of framing of charge.
C. twenty one years of age while he is produced before the
Juvenile Justice Board in connection with offence he
has committed.
d. twenty one years of age at the time he is convicted.

55. Abettor is a person _________.

a. who actually commits the. offence.
b. who instigates the commission of offence.
c. who merely remains present at the scene of offence.
d. who does not report the crime to police.

56. Article 361 of the Constitution exempts the following from

operation of the Penal Code.
a. Ministers
b. Judges
C. President and Governor /or Governor of a State
d. None of the above

57. 'Person' includes_________

a. Human beings only
b. Living beings only.
C. Any company or association or body of individuals whether
incorporated or not.
d. None of the above.

58. A carbon copy of a document is

a. primary evidence. b. secondary evidence.
C. circumstantial evidence. d. none of the above.

59. The Principal Court of Original Civil Jurisdiction in the District,

is
a. the Court of Civil Judge, Senior Division.
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b. the Court of Civil Judge, Junior Division.

C. District Court.
d. all the above.

60. Which Act gives the general guidelines on legislative drafting?

a. Limitation Act
b. Civil Procedure Code
C. Court Fee and Suit Valuation Act
d. General Clauses Act

61. •Under Hindu Succession Act when two or more heirs succeed
together to the property of an intestate, they, shall take the
property as ______
-- a. joint tenants.
b. tenants in common.
C. tenants.
d. 1a1 and 'b above.

62. When an accused seeks pardon from the court and offers to give
evidence against all others involved in a crime, he is called______
a. Approver. b. Accomplice.
C. Witness. d. none of the above.

63. Within the meaning of the Section 2(s) of Protection of Women

from Domestic Violence Act, 2005, shared household
includes__________
a. the house belohging to or taken on rent by the husband.
b. the house which belongs to the joint family of which the
husband is not a member.
C. the house which belongs to the joint family of which any of
the parents only of the husband are members.
d. the house belonging to or taken on rent by any of the
parents of the husband.

64. No one can be convicted twice for the same offence. This
doctrine is called_________
a. - Estoppel. b. Double jeopardy.
C. Burden of proof. d. Corpus delicti.
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65. Who of the following is incapable of making Will?

a. Deaf and dumb person b. Blind person
C. A married woman
d. A minor.

66. Under Section 306 of the Code of Criminal Procedure a tender of

pardon to accomplice may be granted______
a. in respect of any offence triable exclusively by the Court of
Session.
b. in respect of any offence punishable with imprisonment
which may extend to 7 years or with more severe sentence.
C. in respect of any offence.
d. 'a' and 'b' above.

67. The offence punishable under Section 31 of the Protection of

Women from Domestic Violence Act shall be
a. cognizable and non bailable.
b. cognizable and bailable.
C. Non-cognizable and bailable.
d. Non cognizable and non-bailable.

68. Section 5 of the Limitation Act is applicable to

a. suits.
b. counter claims.
C. all kinds of applications.
d. appeals and applications, other than those filed under
Order XXI of Civil Procedure Code.

69. A mortgagee who has obtained a decree for the payment of

money in satisfaction of a claim arising under the
mortgage______
a. is entitled to bring the mortgaged property to sale in
execution of such decree.
b. is not entitled to bring the mortgage property to sale
otherwise than by instituting a suit for sale in
enforcement of the mortgage.
C.
cannot file a suit for sale of such property in view of bar of
Order H, Rule 2 C.PC.
d. none of the above.
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70. As per Section 48 of Negotiable Instrument Act, subject to the

provisions of Section 58, a promissory note, bill of exchange or
cheque payable to order, is negotiable by the holder by_______
a. delivery to the payee.
b. indorsement and delivery thereof.
C. presentment and indorsement.
d. indorsement and presentment.

71. Cruelty to a woman by husband or relatives of husband is defined

under
a. 306 I.PC. b. 309 I.PC.
C. 304B I.PC. d. 498A I.PC.

72. What does 'ab initio' refer to?

a. Towards the end b. From the beginning.
C. Initial burden. d. None of the above.

73. At the determination of the period of limitation under the

"Limitation Act, 1963" to any person for instituting a suit for
possession of any movable property
a. his right to such property shall be extinguished.
b. his right to such property shall not be extinguished.
C. his remedy to recover such property shall be extinguished.
d. 'a' and 'c' above.

74. Ossification test is done to determine.

a. Age b. Sex
C. Blood group d. Fingerprint

75. When an offence is committed outside India by a citizen of India

he may be dealt with in respect of such offence as if it had been
committed at any place within India at which he may be found
provided that
a. the Central Government grants previous sanction for
inquiry into or trial of such offence in India.
b. the State Government grants previous sanction for
inquiry into or trial in India.
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r. C. the Governor grants previous sanction for inquiry into or

trial in India.
d. the President grants previous sanction for inquiring into or
trial in India.

76. The Indian concept of Lokayuktas and Lokpal has their

Scandinavian equivalent in
a. CVC b. Ombudsman
C. Vigilance Commission d. Tribunal

77. Any person who has any interest in the mortgaged property or
any surety for the payment of mortgage debt may redeem the
mortgage property. Such person, on redeeming mortgage
property, shall have the same rights as the mortgagee whose
mortgage he redeems may have against the mortgagor or any
other mortgagee. This right is called
a. right of subrogation. b. right of marshalling.
C. right of contribution. d. right of redemption.

78. Private international law is also called

a. Civil law. b. Conflict of laws.
C. Local laws. d. Common law.

79. Consider the following:

1. Entrustment.
2. Misappropriation or conversion to ones own use.
3. Misappropriation, conversion or disposal with dishonest
intention.
The above are essential ingredients of which one of the
following is an offence?
a. Cheating b. Criminal Breach . of Trust
C. Criminal misappropriation d. Extortion

80. The report of voluntarily administered brain maping/Narco

Analysis test on the accused, during investigation is______
a. admissible in evidence as it is.
b. admissible in evidence to the extent of any information or
material that is subsequently discovered in accordance with
Section 27 of the Evidence Act, 1872.
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C. altogether inadmissible in evidence.

none of the above.

81. When the Supreme Court entertains a letter as a Writ Petition, it

is said to exercise jurisdiction.
a. ordinary original b. exclusive
C. extraordinary original d. epistolary

RFJ Tenant at sufferance means

a. a tenant remaining in possession of leased property after
determination of lease without the consent of the landlord.
b. a tenant remaining in possession of leased property after
determination of lease with the consent of the landlord.
C. a tenant continuing in possession of leased property under
renewal clause in the lease deed.
d. none of the above.

83. Match list I with list II and select the correct answer using the
code given below the list;
List 1 List II
(Elements of offence) (Type of Offence)
A. Movable property 1. Robbery
obtained without consent
B. Movable property 2. Extortion
obtained without consent
by instant violence.
C. Movable property 3. Dacoity
obtained with consent
induced by fear
D. Movable property 4. Theft
obtained using instant
violence by a gang of
six persons
Code:
A B C
a) 3 4 1' 2
b) 3 1 4 2
c) 4 1 2 3
d) 4 2 1 3
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84. Which one of the following is one of the principles of Natural

Justice.
a. Ubi jus ibi rernedium
b. Nemo judex in causa sua
C. Res ipsa loquitur
d. injuria sine damnum

85. Every warrant of arrest issued by a court shall remain in force,

until
a. it is cancelled by the court which issued it, or until it is
executed.
b. the expiry of one year from the date of issuance.
C. the date on which it is made returnable.
d. expiry of maximum period of imprisonment prescribed for
the offence.

86. Where without delivering possession of the mortgaged property

the mortgagor binds himself personally to pay the mortgage
money and agrees that in the event of his failing to pay
according to his contract, the mortgagee shall have a right
to cause the mortgaged property to be sold and the proceeds
of the sale to be applied in payment of the mortgage money, the
transaction is called
a. mortgage by condition sale. In an English mortgage.
C. a simple mortgage. API an anomalous mortgage.

87. Whoever intentionally puts any person in fear of any injury to

that person, or to any other, and thereby dishonestly induces the
person so put in fear to deliver to any person any property,
valuable security or anything signed or sealed which may be
converted into a valuable security commits ________
a. dacoity b. robbery.
C. cheating. d. extortion.

88. Rule making power granted to the executive by the Legislature

is called . *
a. Delegated legislation. b. Colourable Legislation.
C. Administrative legislation. d. None of the above.
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89. Defamation by means of writing, print etc. is legally called

a. Innuendo. b. Slander.
C. Libel. d. none of the above.

90. The maximum monthl y maintenance allowance that can be

granted is
a. Rs. 1500
b. Rs. 1000
C. Its. 500
d. according to the discretion of the court.

91. In a suit for specific performance of contract to transfer

immovable property; it shall be presumed that____________
a. the breach of contract cannot be adequately relieved by
compensation in money.
b. the breach of contract can be adequately relieved by
compensation in money
C. the breach of contract cannot be adequately relieved
by compensation in money where the property is held
by the defendant as the agent of the plaintiff.
d. the breach of contract cannot be adequately relieved
by compensation in money where the property is held
by the defendant as the trustee of the plaintiff.

92. Decree shall be deemed to include

a. the rejection of a plaint and the determination of any
question within section 144 of Civil Procedure Code.
b. any order of dismissal for default.
C. any order directing return of plaint.
d. all the above.

93. What is meant by 'Court of Record'?

a. The court that is competent to give directions and issue
writs.
In The court that can punish for its contempt.
C. The court that preserves all its records.
d. 'b' and 'c' above.
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94. Which right has been deleted from the list of Fundamental
Rights and has become a constitutional right?
a. Right to Equality
b. Right to Freedom
C. Right to Property
d; Right to Constitutional Remedies

95. A gift deed not attested by at least two witnesses is

a. void. b. valid.
C. voidable. d. 'a or 'c' above.

96. X introduces water into an ice-house belonging to Y and thus

causes the ice to melt intending to cause wrongful loss to Y. X
has committed the offence of
a. mischief. b. cheating.
C. nuisance. d. wrongful loss.

97. An order of the court directing a person to do something or refrain

from doing a particular thing is called
a. Decree. b. Execution.
C. Injunction. d. none of the above.

98. A final judgment of a competent Court, in exercise of

matrimonial jurisdiction is
a. a judgment in rem. b. a judgment in personam.
C. a judgment simplicitor. d. all the above.

99. The maxim "Res Ipsa Loquitor" means______

a. Res gestae.
b. Res integra.
C. the thing that does not speaks for itself.
d. the thing speaks for itself.

100. When one person is held liable, for the wrongful act of another,
the liability is called
a. Strict liability. b. Vicarious liability.
C. Tortuous liability d. none of the above.
** ** * * * ** *