DJS V TEST 03-12-2023
DJS V TEST 03-12-2023
1
(a) Admissible, as truth is a defense in a defamation case.
(b) Inadmissible, as the intention behind the statement is more relevant
than its truth.
(c) Admissible only if the statement pertains to a matter of public interest.
(d) Inadmissible, unless the defendant can prove malice was not intended.
4. In a case of alleged bribery, the prosecution seeks to introduce evidence of
the defendant's lavish lifestyle as proof of unexplained wealth. Is this evidence
admissible under the Indian Evidence Act, 1872?
(a) Yes, as it directly indicates the defendant's guilt.
(b) No, as it is character evidence and not relevant to the specific crime.
(c) Yes, the evidence is admissible.
(d) No, unless it can be directly linked to the alleged bribery.
5. In a property dispute, the plaintiff presents a witness who testifies about
statements made by a now-deceased family member regarding the ownership
of the property.
Under the Indian Evidence Act, 1872, how is this testimony treated?
(a) Inadmissible, as it is hearsay.
(b) Admissible, as it falls under the exception to the hearsay rule.
(c) Inadmissible, unless corroborated by written evidence.
(d) Admissible, but only if the witness is related to the deceased.
6. In a property dispute, the plaintiff presents a photocopy of a will, claiming it to
be a genuine copy of the original. The defendant challenges its authenticity.
Under the Indian Evidence Act, 1872, which of the following is the most
appropriate course of action?
(a) The photocopy of the will is admissible without further proof.
(b) The photocopy is inadmissible unless accompanied by the original.
(c) The photocopy can be admitted if the original is proven to be lost.
(d) Secondary evidence is not permissible in property disputes.
7. In which of the following cases it was held that terms 'relevancy' and
'admissibility are not co-extensive on interchangeable terms. Their legal
incidents are different. All admissible evidence are usually relevant, but all
relevant evidence are not admissible?
(a) Ram Bihari Yadav v. State of Bihar
(b) Kuna v. State of Orissa
(c) Rajesh v. State of Haryana
(d) Pammi v. Govt. of MP
2
8. Mark the incorrect statement:
(a) plea of alibi is a rule of evidence recognized in Section 11. The plea
of alibi taken by the accused needs to be considered only when the
burden on the prosecution has been discharged satisfac-torily.
(b) Test identification evidence is not substantive evidence. It can only be
used for the purpose of cor-roboration. When identifications are held in
police presence, resultant communications tantamount to statements
made by identifiers to a police officer in course of investigation and
they fall within the ambit of Section 162 Cr.P.C.
(c) A is tried for murder of 'by poison. The fact that, before the death of B',
'A' procured poison similar to that which was administered to B' is not
relevant.
(d) Any transaction by which the right or custom in question was created,
claimed, modified, recognised. asserted, or denied, or which was
inconsistent with its existence.
9. The term 'confession' was defined by Lord Atkin in Pakla Narayan Swami v.
Emperor. The definition given by Privy Council was approved by Indian
Supreme Court in which of the following cases?
(a) Palvinder Kaur v. State of Punjab.
(b) H G Narain v. State of Madhya Pradesh
(c) Hanumant Narain v. State of Madhya Pradesh
(d) Abdul Rashid v. State of Bihar
10. Which of the following statement(s) is/are correct?
(i) The onus to prove, that the fact discovered from the information is
obtained from the accused, is on the prosecu-tion. This is also for the
reason that the information has been obtained while the accused is still
in the custody of the police. The Court will have to be conscious of the
witness's credibility and the other evidence produced when dealing with
a recovery under Section 27 of the Evidence Act.
(ii) Section 27 incorporates the theory of "confirmation by subsequent
facts" facilitating a link to the chain of events. It is for the prosecution to
prove that the information received from the accused is relatable to the
fact discovered. The object is to utilize it for the purpose of recovery as
it ultimately touches upon the issue pertaining to the discovery of a new
fact through the information furnished by the accused.
(iii) Section 27 is an exception to Sections 24 to 26 meant for a specific
purpose and thus be construed as a proviso.
3
Codes:
(a) (i)(iii)
(b) (ii)(iii)
(c) (i)(ii)
(d) (i)(ii)(iii)
11. Which of the following provisions of the Indian Evidence Act deals with patent
ambiguity?
(a) Section 93
(b) Section 95
(c) Section 96
(d) Section 97
12. Which of the following is correct pertaining to estoppel by deed?
(a) Estoppel by deed is based on the principle that when a person has
entered into a solemn engagement by deed under his hand, he shall
not be permitted to deny any matter which he has so asserted.
(b) It is rule of evidence according to which certain evidence is taken to be
of so high and conclusive a nature as to admit of no contradictory
proof.
(c) Both a and b
(d) Neither a nor b
13. Section 22, Indian Evidence Act provides that oral admissions as to content of
document are not relevant. However, they are only relevant in cases when the
party proposing to give them is able to prove:
(a) He is entitiled to give secondary evidence of contents of document
(b) When genuineness of document is in question.
(c) Either a or b
(d) Neither a nor b
14. Section 23, Indian Evidence Act provides that admission in civil cases is
relevant if:
(a) It is made upon an express condition that evidence of it is not to be
given
(b) Made under circumstances that parties agreed that evidence of it is not
to be given
(c) Neither a nor b
(d) Both a and b
15. Section 23, Indian Evidence Act is applicable in:
4
(a) Civil cases
(b) Criminal cases
(c) Matrimonial cases only
(d) Both a and b
16. 'A' sends a letter bomb to 'B', intending to kill him. 'B' opens the parcel in 'C's
presence, and both are killed in the explosion. What offences are attributable
to 'A'?
(a) Murder of 'B' and culpable homicide of 'C'.
(b) Double murder under Section 300.
(c) Attempt to murder 'B' and murder of 'C'.
(d) Manslaughter.
17. 'A', a police officer, tortures 'B', a suspect, during an interrogation, resulting in
'B's death. The most appropriate charge against 'A' would be:
(a) Murder under Section 300.
(b) Death caused during the exercise of official duty.
(c) Culpable homicide not amounting to murder under Section 304.
(d) Death by negligence under Section 304A.
18. A finds a valuable ring on the road and decides to keep it. After a month, he
comes to know that the ring belongs to his neighbor (b) Despite this
knowledge, A continues to keep the ring. Which of the following options best
describes A's liability?
(a) A is guilty of theft under Section 378.
(b) A is guilty of criminal misappropriation under Section 403.
(c) A is not guilty as he found the ring without any dishonest intention.
(d) A is guilty of cheating under Section 415.
19. In the case of 'Suresh vs State of U.P.', 2019, the Supreme Court interpreted
the scope of robbery. A, while threatening B with an unloaded gun, takes B's
wallet. B, under the belief that the gun is loaded, does not resist. Choose the
correct statement:
(a) A committed theft but not robbery as the gun was unloaded.
(b) A committed robbery under Section 392.
(c) A is only guilty of an attempt to commit robbery.
(d) A's act constitutes cheating and not robbery.
20. A, a government official, is entrusted with public funds. He uses part of these
funds for personal investments, intending to replace them before audit. Which
statement is correct?
5
(a) A is guilty of criminal breach of trust under Section 406.
(b) A's act constitutes misappropriation, not criminal breach of trust.
(c) A is only liable for administrative action and not criminal liability.
(d) A has committed no offence since he intended to replace the funds.
21. If A, B, C, D, and E jointly commit a robbery, but E was not present at the
scene and only provided information, how would their acts be classified under
the IPC?
(a) Only A, B, C, and D committed dacoity.
(b) All, including E, are guilty of dacoity under Section 395.
(c) E is guilty of abetment, and the rest are guilty of dacoity.
(d) E's absence at the scene exempts him from the charge of dacoity.
22. Rohan, in a fit of anger, sets fire to his own furniture in his rented apartment,
causing damage to the apartment structure. What offence, if any, has Rohan
committed under the IPC?
(a) Section 425.
(b) Section 435.
(c) Section 406.
(d) No offence as the property belonged to him.
23. A police officer, while investigating a high-profile case, intentionally omits to
record the statement of a crucial witness who saw the accused at a different
location at the time of the crime. This act of the police officer can be classified
under which section of the IPC?
Options:
(a) Section 201
(b) Section 202
(c) Section 218
(d) Section 219
24. A defendant in a defamation case intentionally gives false evidence during his
testimony. Later, he retracts his statement before the judgment is
pronounced, admitting that his previous testimony was false. Under which
section of IPC and with what potential punishment can he be charged?
Options:
(a) Section 191, imprisonment for 7 years
(b) Section 193, imprisonment for 7 years
(c) Section 209, imprisonment for 2 years
6
(d) Section 208, Giving false evidence with intent to cause wrongful gain,
imprisonment for 5 years
25. An individual, Mr. C, knowingly uses a forged document as genuine in a
property dispute case to cheat the other party. He did not forge the document
but is aware of its inauthenticity. Which section of the IPC applies to Mr. C's
actions, and what is the maximum punishment under this section?
(a) Section 465, imprisonment for 2 years
(b) Section 467, , imprisonment for 7 years
(c) Section 468, Punishment for forgery, imprisonment for 7 years
(d) Section 471, , imprisonment up to 2 years
26. In which of the following cases it was held that the offences for which the
appellant was tried and convicted in a foreign country and for which he is now
being tried in India, are distinct and separate and do not, therefore, attract
either the provisions of Section 300(1) of the Code or Article 20(2 ) of the
Constitution.
(a) Monica Bedi v. Satte of A.P
(b) Jitendra Panchal v. NCB
(c) A. A. Mulla & Ors v. State of Maharashtra
(d) Maqbool Hussain v. State of Bombay
27. Who among the following cannot be regarded as a public servant?
(a) Employee of National Bank
(b) Chief Ministers of State
(c) Chairman of Film Censor Board
(d) Assistant Civil Engineer employed by co-operative society
28. Section 75 of the Indian Penal Code provides for enhanced punishment for
certain offences under which of the following chapters?
(a) Chapter XII of the Code
(b) Chapter XVII of the Code
(c) Neither a or b
(d) Either a or b
29. In which of the following cases it was held that the accused has to provide
that his case falls within the general exceptions. The standard of proof is not
the same as expected from the prosecution. It is sufficient that the accused
makes his case in any of the general exceptions by standard of
preponderance of probabilities?
(a) K. M. Nanavati v. State of Maharashtra
7
(b) T. N. Lakshmaiah v. State of Kerala
(c) Dayabhai Thakkar v. State of Gujarat
(d) Queen Empress v. K N Shah
30. In the case of Dominic Varkey v. State of Kerala, Supreme Court held that the
right to private defence rests on which of the following ideas:-
(a) That there must be no more harm inflicted than necessary
(b) That there must be reasonable apprehension of danger to the body
from the attempt or threat to commit the offence.
(c) The right does not commence until there is a reasonable apprehension.
(d) All of the above.
31. Which of the following provisions of the IPC provides for transfer of malice?
(a) Section 300
(b) Section 301
(c) Section 303
(d) Section 304
32. In which of the following cases, the Supreme Court held that the word 'gross'
has not been used in Section 304-A, but it is settled that in criminal law,
negligence or recklessness must be of such high degree as to be 'gross'. The
expression 'rash and negligent act' is to be qualified by the word 'grossly?
(a) Jacob Mathew v. State of Punjab
(b) Mustafa Shahdal Shaikh v. State of Maharashtra
(c) Girish Singh vs. State of Uttarakhand
(d) Baldev Singh v. State of Punjab
33. In which of the following cases, a preliminary decree may be passed?
(i) Suit for possession and for mesne profits
(ii) Suits for sale of mortgaged decree
(iii) Suits for accounts between principle and agents
(iv) Suits for foreclosure of a mortgage
(v) Suits for dissolution of partnership
Codes:
(a) (ii)(iv)
(b) (i)(iii)(iv)
(c) (i)(ii)(iv)
(d) (i)(ii)(iii)(iv)(v)
8
34. A suit for recovery of money was filed by Deepak against Nitin. Nitin filed a
counter-claim in the same suit. As per Order VIII Rule 6A of the CPC, under
what circumstances is the filing of a counter-claim by the defendant
permissible?
(a) The counter-claim can be filed only if it is related to the plaintiff’s claim.
(b) The counter-claim can be filed at any time before the defendant has
delivered his defence.
(c) The counter-claim can be filed only with the permission of the court.
(d) The counter-claim must arise out of the same transaction or
occurrence.
35. Ramesh filed a suit against Suresh. During the pendency of the suit, Ramesh
dies, and his legal representative fails to bring on record the death within the
prescribed time. What is the consequence of such failure under Order XXII of
the CPC?
(a) The suit abates entirely.
(b) The suit will abate but later, may be carried on by the legal
representatives by filing a fresh suit on the same cause of action.
(c) The suit does not abate and can be continued by Ramesh’s heirs.
(d) The court will suo moto bring the legal representatives on record.
36. An appeal is filed against a decree passed in a suit for partition. The appellant
claims that the lower court erred in not considering crucial evidence. Under
which circumstances can the appellate court under Order XLI, Rule 27, CPC
take additional evidence?
(a) When the trial court has refused to admit evidence that ought to have
been admitted.
(b) When the appellate court requires any document to be produced or any
witness to be examined to enable it to pronounce judgment.
(c) Additional evidence cannot be taken by the appellate court
(d) Both a and b.
37. In a suit involving multiple defendants, one of them dies. The plaintiff fails to
bring the legal representatives of the deceased defendant on record within the
prescribed time. What is the effect on the suit under Order XXII of the CPC?
(a) The suit abates entirely.
(b) The suit abates against the deceased defendant.
(c) The suit continues as it is and no abatement takes place whatsoever..
(d) None of the above
9
38. A suit for partition is decreed, and one of the parties is dissatisfied with the
decree. They wish to file an appeal. Under what provisions of the CPC can an
appeal be filed against a decree passed in a suit for partition?
(a) Under Order XLIII.
(b) Under Order XLI.
(c) Under Order XLII.
(d) B and C.
39. Which of the following provisions oof the CPC provides for “legal
representatives’?
(a) Section 2(10).
(b) Section 2(11).
(c) Section 2(12).
(d) Section 2(13).
40. A and B are litigating over property rights. During the suit, A enters into an
agreement with B outside the court, compromising on certain terms. They
submit this compromise to the court. Which of the following statements is true
regarding the court's action on this compromise?
(a) The court must automatically record the compromise and pass a
decree accordingly.
(b) The court can ignore the compromise as it was not part of the original
pleadings.
(c) The court must ensure that the compromise is lawful and then record it.
(d) The court must reject the compromise if it includes terms not originally
part of the suit.
41. In a property dispute, the appellant challenges the lower court's judgment
before the High Court. The appellant's lawyer fails to appear on the day of
hearing, and later, the court dismisses the appeal on that ground. The
appellant later files a petition for the re-admission of the appeal. Under which
conditions can the High Court re-admit the appeal as per the CPC?
(a) The appeal can be re-admitted unconditionally as the dismissal was
not on merits.
(b) The appeal can be re-admitted if sufficient cause for the non-
appearance is shown.
(c) The appeal cannot be re-admitted as dismissal for non-prosecution is
final.
(d) The appeal can be re-admitted only if the lower court’s decision is
prima facie erroneous.
10
42. Z, a resident of Kolkata, files a suit against Y in Mumbai for breach of
contract. The suit is decided in favour of Z. During the execution of the
decree, a reasonable doubt has arisen pertaining to a specific question of law
and therefore, a need is felt to refer the same to a higher court. Under what
circumstances can the trial court refer a question of law to a higher court, as
per the CPC?
(a) The trial court can refer any question of law at any stage of the
proceedings.
(b) The court can refer a question of law if it is of the opinion that the case
involves a substantial question of law.
(c) The trial court cannot refer any question of law; only appellate courts
have this power.
(d) The executing court is devoid of any power to refer any questions of
law to the High Court for opinion.
43. P, a decree-holder, seeks to execute a decree for the recovery of money
against Q. P applies for the attachment of Q’s property. Q claims that the
property is not his but belongs to his wife. What procedure must P follow to
contest this claim, as per the CPC?
(a) P must file a separate suit to establish the ownership of the property.
(b) The executing court to investigate the claim and decide the matter.
(c) P must prove that Q’s claim is fraudulent without any formal
investigation.
(d) P has no recourse as the executing court cannot decide questions of
title.
44. A suit is filed by R against S for the recovery of a debt. During the trial, R dies
and his legal representative, T, is brought on record. T, however, wishes to
withdraw from the suit with liberty to file a fresh suit. Under which conditions
can T withdraw from the suit and file a fresh suit as per the CPC?
(a) T can withdraw unconditionally and file a fresh suit.
(b) T can withdraw if the court is satisfied that the suit must fail due to
some formal defects.
(c) T cannot withdraw once he is brought on record as a legal
representative.
(d) T can withdraw only if the defendant consents.
45. Which of the following is/are not a decree?
(i) Modification of the scheme under section 92 of the Code
11
(ii) An order setting aside an auction sale as nullity on the ground that
deposit was not made on the date of sale.
(iii) An order holding that an appeal is not maintainable
(iv) An order rejecting an application to sue in forma-pauperis
(v) Decision in favour of the plaintiff on question of limitation, jurisdiction
and res judicata
(vi) Dismissal of appeal as time barred.
Codes:
(a) (iv)(v)
(b) (i)(ii)(iv)
(c) (iii)(iv)9v)
(d) (i)(vi)
46. Power to issue commissions is a discretionary power and can be exercised:
(a) On the application of parties
(b) Suo motu
(c) Both a and b
(d) Neither a nor b
47. Which of the following provisions of CPC provides for ‘letter of request’?
(a) Section 74
(b) Section 75
(c) Section 76
(d) Section 77
48. Section 145 of the CrPC is used for:
(a) Adjudication of civil disputes.
(b) Maintenance of public order in cases of nuisance.
(c) Resolution of disputes concerning land or water.
(d) Granting anticipatory bail.
49. In which of the following cases did the SC establish the principlr that “bail is
the rule and incarceration is the exception”?
(a) State of Rajasthan v. Balchand
(b) Shivjee Singh v. Nagendra Tiwari
(c) Sangram Singh v. Election Tribual, Koth
(d) Kaushik Chaterjee v. State of Haryana
12
50. Section 433 deals with the power of commute sentence. It provides that the
appropriate Government may without the consent of the person sentenced
commute:
(i) A sentence of death, for any other punishment provided by the Indian
Penal Code;
(ii) A sentence for imprisonment for life, for imprisonment for a term not
exceeding fourteen years or for fine;
(iii) A sentence of rigorous imprisonment, for simple imprisonment for a
term to which that person might have been sentenced, or for fine
(iv) A sentence of simple imprisonment, for fine.
Codes:
(a) (i)(iii)(iv)
(b) (i)(ii)(iii)
(c) (ii)(iii)(iv)
(d) (i)(ii)(iii)(iv)
51. Section 265-A, CrPC provides that provisions apply to which of the following
cases?
(a) case instituted on police report
(b) complaint case.
(c) Neither a nor b
(d) Both a and b
52. The provisions of Chapter XXIA, CrPC do not apply to the following offences:
(a) Offence punishable with death, life imprisonment or imprisonment for a
term exceeding 7 years.
(b) Offence relating to socio-economic conditions of the country.
(c) Offences committed against women, or children below the age of 14
years.
(d) All of the above
53. Who may issue search warrant under section 97, crPC?
(a) District Magistrate
(b) Sub-Divisional Magistrate
(c) Magistrate of First Class
(d) Either a or b or c
54. When did CrPC receive the Presidentia Assent?
(a) 01.04.1974.
(b) 25.01.1974
13
(c) 25.04.1974
(d) 01.01.1974
55. According to Section 1 of Cr.P.C, it extends to the whole of India. It further
says that the provisions of the Code other than those contained in Chapters
VIII, X and XI shall NOT apply to:
(a) State of Nagaland
(b) The Tribal Areas
(c) Both a and b
(d) Neither a nor b
56. The proceedings under which of the following provisions of CrPC have been
held to be inquiries?
(i) Section 107
(ii) Section 110
(iii) Section 125
(iv) Section 148
(v) Section 340
Codes:
(a) (i)(iii)(iv)
(b) (i)(ii)(iv)(v)
(c) (ii)(v)
(d) (i)(ii)(iii)(iv)(v)
57. If the court awards consecutive sentences then Section 31 provides for the
following limitations:
(a) Person shall not be sentenced to imprisonment for a period longer than
14 years
(b) The aggregate punishment shall not exceed twice the amount of
punishment which the court is competent to inflict.
(c) Both a and b
(d) Neither a nor b
58. In which of the following cases has the Sc recently held that High Courts can
grant bail even in a writ petition under Article 226 of the Constitution in
appropriate cases?
(a) Raghubir v. State of Bihar
(b) Arnab Ranjan Goswami v. State of Maharashtra
(c) Parbatbhai Aahir v. State of Gujarat
(d) Sushila Aggarwal v. State of NCT of Delhi
14
59. Amendment Act of 2018 inserted a proviso to Section 439. It provides that
High Court or Court of Session shall before granting the bail to a person who
is accused of an offence under Sections 376(3), 376-AB, 376-DA or 376-DB
of Indian Penal Code shall give a notice to the public prosecutor within a
period of ______________from the date of receipt of notice of such
application.
Fill in the blank with the correct answer:
(a) Seven days
(b) Fifteen Days
(c) Thirty days
(d) Sixty days
60. Section 438(1a) inserted by Amendment Act of 2005 provides that when the
Court grants interim order for anticipatory bail it shall forthwith issue a notice
of not less than ________ to___________________.
Fill in the blanks with correct option:
(a) Seven days; Public Prosecutor
(b) Seven days; Public Prosecutor and Superintendent of Police
(c) Fifteen days; Public Prosecutor
(d) Fifteen days; Public Prosecutor and Superintendent of Police
61. A 15-year-old victim reports a case wherein the neighbour of the victim, who
is 25 years old, used to constantly meet the victim and used to show videos of
obscene acts. During the investigation, the accused argues that the act was
consensual and there was no physical contact. Which of the following is the
most appropriate legal interpretation of this situation?
(a) The act is not an offense as there was no physical contact.
(b) The victim's consent is valid, absolving the accused of liability.
(c) The act constitutes sexual harassment under the POCSO Act.
(d) The act is only an offense if the victim can prove physical harm.
62. The ‘sexual intent” under section 11 of POCSO is a:
(a) Question of fact
(b) Question of law
(c) Mixed question of fact and law
(d) None of the above
63. An accused is charged under the POCSO Act for sexually assaulting a 17-
year-old. During the trial, the defense argues that the accused believed the
victim to be above 18 years. Which of the following is true?
15
(a) The accused's belief absolves him of the charges.
(b) Mistake of age can be a valid defense under the POCSO Act.
(c) The POCSO Act does not consider mistake of age as a defense.
(d) The accused's belief is relevant only if it is reasonable.
64. A school teacher is accused of using a child in a pornographic performance.
The defense claims that the performance was an artistic expression. Under
the POCSO Act, how is this situation treated?
(a) It is not an offense under the POCSO Act if it is artistic expression.
(b) Using a child in any pornographic performance is an offense,
irrespective of its nature.
(c) The act is only an offense if the child was aware of its pornographic
nature.
(d) The teacher's intent is the determining factor for liability.
65. Mark the correct statement pertaining to Section 7, POCSO:
(a) The word 'touch' has been used in Section 7 of the Act of 2012,
specifically with regard to the sexual parts of the body.
(b) The words 'physical contact' has been used in Section 7 of the Act of
2012, for any act other than with regard to the sexual parts of the body.
(c) Both a and b
(d) Neither a nor b
66. Which of the following provisions of the POCSO provides that Whoever
attempts to commit any offence punishable under this Act or to cause such an
offence to be committed, and in such attempt, does any act towards the
commission of the offence, shall be punished with imprisonment of any
description provided for the offence, for a term which may extend to one-half
of the imprisonment for life or, as the case may be, one-half of the longest
term of imprisonment provided for that offence or with fine or with both.?
(a) Section 18
(b) Section 19
(c) Section 20
(d) Section 21
67. In any prosecution for any offence under this Act which requires a culpable
mental state on the part of the accused, the Special Court shall presume the
existence of such mental state but it shall be a defence for the accused to
prove the fact that he had no such mental state with respect to the act
charged as an offence in that prosecution. For the purposes of this section, a
fact is said to be proved only when the Special Court believes it to exist:
16
(a) Beyond reasonable doubt
(b) As a preponderance of probability
(c) Either a or b
(d) Neither a nor b
68. Section 44, POCSO provides for which of the following to monitor the
implementation of the Act?
(a) National Commission for Protection of Child Rights constituted under
section 3
(b) State Commission for Protection of Child Rights constituted under
section 17
(c) Bot a and b
(d) Neither a nor b
69. Section 45, POCSO empowers ____________ to make Rules for carrying out
the purposes of the Act. Fill in the blank with the correct option:
(a) State Government
(b) Central Government
(c) Appropriate Government
(d) Both a and b
70. The evidence of the child shall be recorded within a period of __________ of
the Special Court taking cognizance of the offence and reasons for delay, if
any, shall be recorded by the Special Court. Fill in the blank:
(a) Fifteen days
(b) Thirty days
(c) Sixty days
(d) Ninety days
71. An LLP incorporated in India entered into a contract with a foreign company.
During a dispute, the foreign company asserted that the Indian LLP lacked
legal personality to sue in an international arbitration. Which of the following
responses is legally sound under Indian law?
(a) LLPs in India cannot enter into contracts with foreign entities.
(b) LLPs in India have no legal personality.
(c) LLPs in India have a separate legal personality.
(d) LLPs in India can only engage in domestic contracts.
72. A LLP in India, facing financial difficulties, defaulted on a loan. The creditors
moved to hold the partners personally liable. Under what circumstance can
the partners of the LLP be held personally liable?
17
(a) If the LLP is unable to pay its debts.
(b) If the LLP has violated any terms of the loan agreement.
(c) If the partners acted with fraudulent intentions or gross negligence.
(d) If the LLP's annual turnover is below a certain threshold.
73. A partner in an LLP unilaterally engaged in a business competing with the
LLP without the consent of other partners. According to the LLP Act, 2008,
which of the following is true?
(a) The partner is entitled to do so as LLPs allow flexible partner roles.
(b) The partner must share profits from the competing business with the
LLP.
(c) The partner's action is a breach of the duty of loyalty to the LLP.
(d) The partner can be compelled to transfer the competing business to
the LLP.
74. In the context of the dissolution of an LLP, which of the following statements is
accurate as per the LLP Act, 2008?
(a) Dissolution can only occur through a unanimous vote of all partners.
(b) The LLP can be dissolved if sanctioned by a majority of the partners.
(c) Dissolution must be mandated by a court order in all cases.
(d) An LLP cannot be dissolved unless it has been operational for a
minimum of five years.
75. An LLP was found guilty of environmental violations. In assessing penalties,
which principle is most likely to be applied under Indian law?
(a) Only the LLP will face penalties, not the individual partners.
(b) Both the LLP and its partners will face equal penalties.
(c) Partners who were directly involved in the violation will face penalties.
(d) No penalties can be imposed as LLPs enjoy limited liability.
76. A dispute arose over the interpretation of an LLP agreement. The agreement
contains an arbitration clause. In light of the LLP Act, 2008 and the Arbitration
and Conciliation Act, 1996, which statement is correct?
(a) The dispute must be resolved through the National Company Law
Tribunal (NCLT).
(b) The arbitration clause is void as it is not a recognized method for LLP
disputes.
(c) The dispute should be referred to arbitration as per the agreement.
(d) Arbitration can only proceed with the approval of the Registrar of
Companies.
18
77. A partner in an LLP released confidential information of the LLP to a
competitor. What legal action can be taken against the partner under the LLP
Act, 2008?
(a) The partner cannot be penalized as LLPs don't have confidentiality
provisions.
(b) The partner can be expelled by a majority vote of the partners.
(c) Legal action for breach of confidentiality can be initiated.
(d) No action can be taken as partners have a right to information.
78. If an LLP fails to file its annual returns, what are the legal consequences
under the LLP Act, 2008?
(a) The LLP and its partners will face no penalties.
(b) Only a nominal fine is imposed.
(c) The LLP and its designated partners can be penalized.
(d) The LLP is automatically dissolved.
79. A partner in an LLP, acting in good faith, made a decision that resulted in a
minor legal infraction. What is the partner's liability in this case under the LLP
Act, 2008?
(a) The partner is personally liable for all legal infractions.
(b) The partner is not liable if the action was in good faith and for the
benefit of the LLP.
(c) Liability is shared equally among all partners.
(d) The LLP is solely liable, not the partner.
80. An LLP failed to maintain proper books of account. What are the
consequences under the LLP Act, 2008?
(a) There are no specific penalties for failing to maintain books of account.
(b) The LLP is subject to a fine, and the responsible partners may face
imprisonment.
(c) Only a reprimand is issued without any financial penalties.
(d) The LLP's license to operate can be revoked.
81. A offers to sell his house to B for Rs. 50 lakhs. B accepts the offer but
stipulates that the sale must include A's antique vase. A does not reply. Is
there a valid contract?
(a) Yes, because B has accepted the offer.
(b) Yes, because A did not reject B's stipulation.
(c) No, because B's stipulation amounts to a counter-offer.
(d) No, because A did not expressly agree to include the vase.
19
82. P offers to sell his car to Q. However, before Q could accept the offer, the car
is destroyed in a fire. What happens to the offer?
(a) The offer stands until P revokes it.
(b) The offer becomes void when the car is destroyed.
(c) Q can still accept the offer if he was unaware of the fire.
(d) The offer converts into an option contract for a similar car.
83. R, a famous singer, contracts with S, an event organizer, to perform at a
concert. However, R has an accident and loses her voice temporarily. Can S
sue R for breach of contract?
(a) Yes, as R did not perform her contractual obligation.
(b) No, because R's performance has become impossible.
(c) Yes, but only for nominal damages.
(d) No, unless R's accident was due to her own negligence.
84. T, a businessman, enters into a contract with U, a dealer, to purchase 1000
quintals of wheat. Due to a sudden government embargo on wheat exports, U
is unable to deliver. Is U liable for breach of contract?
(a) Yes, as U failed to fulfil his contractual obligation.
(b) No, because the embargo is an unforeseen event that makes
performance impossible.
(c) Yes, but only for reduced damages due to unforeseen circumstances.
(d) No, unless T can prove U was aware of the impending embargo.
85. V enters into a contract with W for the sale of a rare painting, believing it to be
an original. Both parties were unaware that the painting is a replica. Upon
discovery, W wants to rescind the contract. Can he?
(a) Yes, as there was a mutual mistake regarding the substance of the
subject matter.
(b) No, because the mistake was not related to the legality of the contract.
(c) Yes, but only if V was aware of the painting being a replica.
(d) No, because both parties shared the mistake.
86. X, a minor, falsely represents himself as a major and borrows money from Y.
Upon realizing X’s real age, can Y recover the money?
(a) Yes, because X misrepresented his age.
(b) No, because a contract with a minor is void ab initio.
(c) Yes, but only as a tort of deceit.
(d) No, unless Y can prove he acted in good faith.
20
87. Z promises to donate Rs. 1 lakh to a charity but later changes his mind. Can
the charity legally enforce Z’s promise?
(a) Yes, as it was a promise to donate.
(b) No, because there is no consideration for Z’s promise.
(c) Yes, but only if the charity had started acting on the promise.
(d) No, unless Z had signed a written contract.
88. C, under threat of violence from D, signs a contract to sell his car at a
significantly lower price than its value. Can C avoid the contract?
(a) Yes, as the contract was induced by coercion.
(b) No, because the contract was duly signed by both parties.
(c) Yes, but only if C can prove the threat of violence.
(d) No, unless the violence was reported to authorities.
89. E agrees to sell an artwork to F. However, unknown to both, the artwork had
been stolen and then returned to the rightful owner before the contract was
made. What is the status of the contract?
(a) Void.
(b) Valid, but subject to the rightful owner’s claim.
(c) Voidable at the option of F.
(d) Valid, as both parties were unaware of the theft.
90. G, while in a drunken state, agrees to sell his rare coin collection to H for half
its value. G does not remember this agreement upon sobering up. Is the
contract valid?
(a) Yes, because G made the offer willingly.
(b) No, because G was incapable of understanding the nature of the
contract.
(c) Yes, but only if H was unaware of G’s intoxication.
(d) No, unless G ratifies the contract upon sobering up.
91. The concept of 'Creamy Layer' was introduced in Indian jurisprudence by the
Supreme Court in which landmark judgment?
(a) Indra Sawhney v. Union of India
(b) S.R. Bommai v. Union of India
(c) M. Nagaraj v. Union of India
(d) Ashoka Kumar Thakur v. Union of India
92. In the context of the 'right to privacy', which case did the Supreme Court of
India recognize this right as an intrinsic part of the right to life and personal
liberty under Article 21 of the Constitution?
21
(a) K.S. Puttaswamy v. Union of India
(b) Justice K.S. Puttaswamy (Retd.) v. Union of India & Others
(c) Shreya Singhal v. Union of India
(d) NALSA v. Union of India
93. The concept of 'Secularism' in the Indian Constitution was reinforced and
clarified in which of the following cases?
(a) S.R. Bommai v. Union of India
(b) Kesavananda Bharati v. State of Kerala
(c) Golaknath v. State of Punjab
(d) Indira Nehru Gandhi v. Raj Narain
94. The 'Doctrine of Eclipse' was propounded by the Supreme Court in which
case?
(a) Golaknath v. State of Punjab
(b) Bhikaji Narain Dhakras v. State of Madhya Pradesh
(c) Shankari Prasad v. Union of India
(d) Sajjan Singh v. State of Rajasthan
95. In the context of Section 18 of the Limitation Act, 1963, which of the following
statements is true?
(a) Acknowledgement must be made before the expiration of the
prescribed period for filing the suit.
(b) A verbal acknowledgement is sufficient to extend the limitation period.
(c) Acknowledgement can be implied from the conduct of the parties.
(d) None of the above.
96. During a property dispute trial, the plaintiff sought to add a party to the suit
under Order I Rule 10(2) of the CPC, claiming that the party was necessary
for the complete adjudication of the matter. What factors must the court
consider while deciding on such an application?
(a) The court should consider whether the presence of the new party
would delay the proceedings.
(b) The court must determine whether the new party's presence is
necessary to effectively and completely adjudicate upon and settle all
the questions involved in the suit.
(c) The court can add any party at any stage of the proceedings if it deems
fit.
(d) The new party can only be added with the consent of the original
parties.
22
97. Mark the correct statement with respect to the role of conciliator:
(a) The conciliator may at any stage of the conciliation proceedings, make
proposals for a settlement of the dispute
(b) Such proposals shall be in writing
(c) Such proposals shall also be accompanied by a statement of the
reasons therefor.
(d) All of the above are correct
98. Which all Schedules have been added in the Act by Amendment in 2015
(a) Third Schedule and Fourth Schedule
(b) Third Schedule, Fourth Schedule and Fifth Schedule
(c) Fourth Schedule, Fifth Schedule, Sixth Schedule and Seventh
Schedule
(d) Fourth Schedule, Fifth Schedule and Sixth Schedule
99. Consider the following statements with regard to section 9 of the Act and mark
the correct answer.:
(i) The jurisdiction of the Court to entertain section 9 application will not be
ousted merely because the seat of arbitration is outside India.
(ii) Even though the exercise of powers under section 9 is premised on the
underlying principles of Orders XXXVIII and XXXIX of the CPC, yet the
court is not unduly bound by the text of these provisions.
(a) (i)(ii) are correct
(b) (i)(ii) are incorrect
(c) (i) is correct
(d) (ii) is correct
100. In which case, it has been held that in no circumstances can be the Supreme
Court be “Court” for the purpose of Section 2(1)(e) and whether the Supreme
Court does or does not retain seisin after appointing an arbitrator, application
will follow the first application made before either a High Court having original
jurisdiction in the State or a Principal Civil Court having original jurisdiction in
the district, as the case may be.
(a) State of WB vs. Associated Contractors (2015 SC)
(b) Bharat Aluminium Co. vs. Kaiser Aluminium Technical Services Inc.
(2012 SC)
(c) H SrinivasPai vs. H.V. Pai (2010 SC)
(d) TP Daison vs. Varghese Jose T (2015 SC)
23
101. For conducting an arbitration proceeding by a fast-track procedure, the
following procedure shall be followed by the tribunal:
(i) The arbitral tribunal shall decide the dispute on the basis of written
pleadings, document and submissions filed by the parties without any
oral hearing;
(ii) The arbitral tribunal shall have power to call for any further information
or clarification from the parties in addition to the pleadings and
documents filed by them;
(iii) An oral hearing may be held only, if all the parties make a request or if
the arbitral tribunal considers it necessary to have oral hearing for
clarifying certain issues;
(iv) The arbitral tribunal may dispense with any technical formalities, if an
oral hearing is held, and adopt such procedure as deemed appropriate
for expeditious disposal of the case.
Choose the most appropriate response:
(a) Only (i) and (ii) are correct
(b) Only (i) and (ii), (iii) are correct
(c) Only (ii) and (iv) are correct
(d) All (i), (ii), (iii) and (iv) are correct
102. Under Section 7 arbitration agreement means an agreement by the parties to
submit to arbitration all or certain disputes which have arisen or which may
arise between them in respect of a defined legal relationship. Such legal
relationship shall be:
(a) Contractual only
(b) Non-contractual only
(c) Either contractual or not
(d) Nome of the above
103. Failing any agreement under section 11(2), in an arbitration with three
arbitrators,
(a) each party shall appoint one arbitrator, and the two appointed
arbitrators shall appoint the third arbitrator who shall act as the
presiding arbitrator.
(b) each party shall appoint one arbitrator, and the two appointed
arbitrators shall appoint the third arbitrator. Senior most among those
three will act as a presiding officer.
(c) Both the parties shall appoint Arbitrators
24
(d) each party shall appoint one arbitrator, and the two appointed
arbitrators shall appoint the third arbitrator. Presiding officer will be
appointed by the mutual consent of the parties.
104. In which case, it was held that Section 11 of the Act contemplates minimal
judicial intervention, the Chief Justice or his designate has been authorised to
appoint the arbitrator but it does not contain any provision for the Court to
refer the disputes to the arbitrator.
(a) State of Goa vs. Praveen Enterprises (2011 SC)
(b) Hindustan Copper Ltd. vs. Monarch Gold Mining Co. Ltd. (2012 SC)
(c) Deutche Post Bank Home Finance Ltd. vs. Taduri Sridhar (2011 SC)
(d) Union of India vs. BESCO Ltd. (2017 SC)
105. Where there is no agreement between the parties regarding rules of
procedure to be followed by the Arbitral tribunal, then the arbitral tribunal shall
follow the procedure provided by:
(a) Code of Civil Procedure, 1908
(b) Indian Evidence Act, 1872
(c) the arbitral tribunal may conduct the proceedings in the manner it
considers appropriate
(d) both a and c
106. What is the model fee as prescribed under Fourth Schedule where the sum in
dispute is upto an amount of Rs. 5 lakhs?
(a) Rs. 45,000
(b) Rs. 45,000 plus 3.5% of the claim amount over and above Rs. 3 Lakh
(c) Rs. 30,000 plus 3.5% of the claim amount over and above Rs. 3 Lakh
(d) Rs. 25,000
107. Which of the following is not a ground for setting aside the arbitral award?
(a) The party being under some incapacity
(b) The making of the award was induced or affected by fraud or
corruption or was in violation of Section 75 or 81
(c) If the party was not given proper notice of the appointment of arbitrator
(d) The agreement to which the parties are subjected is legally valid
Arbitration agreement.
108. Where the court returned the application under section 34, Arbitration and
Conciliation Act for the presentation before proper forum, such an order is:
(a) Appealable under section 37
(b) Not appealable under section 37
25
(c) Appealable under section 38
(d) None of the above
109. Which of the following is based upon the maxim action personalis moritur cum
persona?
(a) Section 40(1)
(b) Section 40(2)
(c) Section 40(3)
(d) Section 40(4)
110. The salaries, allowances and other terms and conditions of the Chairperson
referred to in clauses (b) and (c) of sub-section (1) of section 43C shall be
such as may be prescribed by the:
(a) Central Government
(b) Council
(c) State government
(d) Chief Justice of India
111. Mark the incorrect statement:
(a) The conciliator is not bound by the Code of Civil Procedure, 1908 (5) of
1908
(b) The conciliator is not bound by the Indian Evidence Act, 1872
(c) The conciliator shall assist the parties in an independent and impartial
manner in their attempt to reach an amicable settlement of their
dispute.
(d) The conciliator may, at any stage of the conciliation proceedings, make
proposals for a settlement of the dispute. Such proposals shall be in
writing and shall be accompanied by a statement of the reasons
therefore
112. The award was pronounced on 27.04.2018. a copy of the said award was
provided to the parties to point out any computation error or any clerical or
typographical error. The signed copy of the award was provided to the parties
on 19.05.2018. The time under section 34(3) would be reckoned from:
(a) 27.04.2018.
(b) 19.05.2018.
(c) Either(a) or (b)
(d) Neither (a) nor (b)
26
113. Assertion (A): Summary disposal of claims can be there under section 16.
There is no requirement to provide the opportunity to lead evidence if claims
are ex-facie barred.
Reason (R): There is no absolute component of the principles of natural
justice, that an opportunity to lead evidence will be granted, if it is otherwise
evident from the pleadings and the documents that the claim is barred, and
the Arbitral Tribunal is not bound by the procedure prescribed in the Code of
Civil Procedure, 1908 (CPC) or the Indian Evidence Act, 1872.
(a) Both A and R are correct and R is the correct explanation of A.
(b) Both A and R are correct but R is not the correct explanation of A.
(c) A is correct
(d) R is correct
114. The establishment of Commercial Courts is the outcome of:
(a) 253rd Law Commission Report
(b) 251st Law Commission Report
(c) 266th Law Commission Report
(d) 188th Law Commission Report
115. Which of the following is incorrect?
(a) Commercial Courts are constituted for territory over which the High
Court had original jurisdiction.
(b) No commercial court can be constituted for territory over which the
High Court has original civil jurisdiction.
(c) In territories where High Courts have original jurisdiction, Commercial
Divisions are constituted.
(d) None of the above.
116. The following provisions of the Commercial Courts Act, 2015 do not apply to
Delhi:
(a) Section 3
(b) Section 3A
(c) Section 4
(d) Either (b) or (c)
117. The Constitution of a Commercial Division is:
(a) A Single Judge of High Court
(b) Division Bench
(c) As directed by the Chief Justice
(d) Any of the above
27
118. The territorial jurisdiction of a Commercial Court can be altered by:
(a) State Government
(b) High Court
(c) Either (a) or (b)
(d) Both a and b
119. Commercial Court is empowered to try:
(a) Suits of commercial nature
(b) Applications relating to commercial disputes
(c) Both a and b
(d) Only a
120. The Plaintiff filed a suit against the Defendant and summons were duly served
on 23.01.2019. The written statement was filed on 26.02.2019 without
accompanying application for condonation of delay. Later, an application for
condonation under section 151, CPC was filed on 20.10.2019. Can the written
statement be taken on record in the present case?
(a) Yes, under inherent powers of the Court
(b) Yes, as courts should not take a hyper technical view
(c) No, as the application cannot be filed after 282 days
(d) No.
121. The Statement of truth is a mandatory requirement which is to be filed as per:
(a) Annexure H to CPC
(b) Annexure I to CPC
(c) Annexure G to CPC
(d) Order XV-A of CPC
122. An application for summary judgment can be made:
(a) Even prior to service of summons on defendant
(b) At any time prior to framing of issues
(c) After service of summons and prior to framing of issues
(d) Any of the above option to do purposive interpretation of Order XIII A.
123. The application under Order XIIIA is:
(a) Mandatory
(b) Directory
(c) Optional
(d) Court can dispense and pass summary judgment suo motu
28
124. Which of the following is not a power of the court in case of non-compliance of
order passed in case management hearing:
(a) Condone the non-compliance
(b) Foreclose the right of defaulting party
(c) Dismiss or decree the suit
(d) None of the above
125. An individual, A, enters into a contract with B for the purchase of a unique
antique vase. However, B later refuses to sell it to (a) A seeks specific
performance of the contract. In which of the following scenarios is A most
likely to be granted specific performance under the Specific Relief Act, 1963?
(a) The vase is readily available in the market.
(b) The vase holds sentimental value for A.
(c) A offers to pay an additional amount over the agreed price.
(d) B finds another buyer offering a higher price.
126. A contract for the sale of land between Mr. X and Mr. Y includes a clause that
in case of breach, the defaulter will pay a sum of ₹10,00,000 as
compensation. Mr. X breaches the contract. Can Mr. Y claim specific
performance?
(a) Yes, as the compensation clause is independent of the specific
performance.
(b) No, as the compensation clause replaces the need for specific
performance.
(c) Yes, but only if the court deems the compensation inadequate.
(d) No, as the contract is void due to the presence of a penalty clause.
127. When did the Specific Relief Act come into force?
(a) 01.03.1964
(b) 01.10.1963
(c) 21.10.1964
(d) 01.03.1963
128. A contract is formed between Mr. K, a famous sculptor, and Mr. L, for creating
a sculpture. Mr. K later refuses, stating that his artistic inspirations have
changed. Mr. L sues for specific performance. What would be the court's likely
decision based on the Specific Relief Act, 1963?
(a) Specific performance, as it is a contract for creating a unique artwork.
(b) Denial of specific performance, as it involves personal skills and tastes.
(c) Injunction against Mr. K from creating similar artworks.
29
(d) None of the above.
129. Section 26 provides that when, through fraud or a mutual mistake of the
parties a contract or other instrument in writing does not express their real
intention, then:
(a) Either party or his representative in interest may institute a suit to have
the instrument rectified
(b) The plaintiff may, in any suit in which any right arising under the
instrument is in issue, claim in his pleading that the instrument be
rectified
(c) A defendant in any such suit as is referred to in clause (b), may, in
addition to any other defence open to him, ask for rectification of the
instrument.
(d) Either a or b or c
130. In the following circumstances the court may refuse to rescind the contract:
(i) Where the plaintiff has expressly or impliedly ratified the contract
(ii) Where, owing to the change of circumstances which has taken place
since the making of the contract (not being due to any act of the
defendant himself, the parties cannot be substantially restored to the
position in which they stood when the contract was made
(iii) Where third parties have, during the subsistence of the contract,
acquired rights in good faith without notice and for value
(iv) Where only a part of the contract is sought to be rescinded and such
part is not severable from the rest of the contract
Codes:
(a) (i)(iii)(iv)
(b) (ii)(iii)(iv)
(c) (i)(ii)(iii)
(d) (i)(ii)(iii)(iv)
131. Section 22 provides that person suing for the specific performance of a
contract for the transfer of immovable property may also ask for:
(a) Possession
(b) Partition
(c) Separate Possession
(d) Either a or b or c
132. Mark the incorrect statement pertaining to SRA:
30
(a) Section 28 provides for the rescission of contracts for the sale or lease
of immovable property, the specific performance of which has been
decreed.
(b) Section 29 provides that a plaintiff instituting a suit for the specific
performance of a contract in writing may pray in the alternative that, if
the contract cannot be specifically enforced, it may be re-scinded. If the
court refuses to enforce the contract specifically it may direct it to be
rescinded.
(c) Section 30 provides that on adjudging the rescission of a contract, the
court may require the party to whom such relief is granted to restore,
so far as may be, any benefit which he may have received from the
other party and to make any compensation to him which justice may
require.
(d) Section 32 provides that what instruments may be partially cancelled. It
provides that where an instrument is evidence of different rights or
different obligations, the court may, in a proper case, cancel it in whole.
133. When the defendant invades or threatens to invade the plaintif's right to, or
enjoyment of, property, the court may grant a perpetual injunction in the
following cases:
(a) Where the defendant is trustee of the property for the plaintiff
(b) Where there exists no standard for ascertaining the actual damage
caused, or likely to be caused, by the invasion
(c) Where the invasion is such that compensation I money would not
afford adequate relief.
(d) All of the above
134. The concept of 'NOTA' (None of the Above) in Indian elections was introduced
following which Supreme Court judgment?
(a) Union of India vs. Association for Democratic Reforms.
(b) PUCL vs. Union of India.
(c) Kihoto Hollohan vs. Zachillhu and Others.
(d) Maneka Gandhi vs. Union of India.
135. Which of the following statements is true regarding the election of the Vice-
President of India?
(a) The election is conducted by the Election Commission of India.
(b) All members of Parliament, including nominated members, are eligible to
vote.
31
(c) The Vice-President can be removed by a simple majority in the Rajya
Sabha.
(d) The Vice-President must be a member of the Rajya Sabha.
136. The removal of the Comptroller and Auditor General of India requires:
(a) A simple majority in both houses of Parliament.
(b) A two-thirds majority in both houses of Parliament.
(c) The same process as that of the removal of a Supreme Court judge.
(d) Presidential assent after a majority vote in the Lok Sabha.
137. Under the Tenth Schedule of the Indian Constitution, a legislator may be
disqualified for defection if:
(a) They voluntarily give up the membership of their political party.
(b) They abstain from voting contrary to the party's directive.
(c) They are elected as an independent and join a political party.
(d) All of the above.
138. The Constitution of India under Article 320 mandates UPSC to:
(a) Conduct examinations for appointment to the Union services.
(b) Assist the States in framing and operating schemes of joint recruitment
for services.
(c) Advise on any matter referred to it by the President.
(d) All of the above.
139. Where a judgment-debtor has, by fraud or force, prevented the execution of a
decree or order within the period of limitation, the court may, on the
application of the judgment-creditor made after the expiry of the period of
limitation extend the period for execution of the decree or order. Such
application should be made within ____ from the date of the discovery of the
fraud or the cessation of force. Fill in the blank with the correct option.
(a) Six months
(b) One year
(c) Two years
(d) Three years
140. Acknowledgment under the Limitation Act may be sufficient though:
(a) It omits to specify the exact nature of the property or right
(b) Is accompanied by a refusal to pay, deliver, perform or permit to enjoy
(c) Is coupled with a claim to set off, or is addressed to a person other
than a person entitled to the property or right.
(d) All of the above
32
141. Mark the correct statement pertaining to Section 21 of the Limitation Act:
(a) No question of limitation will arise under Section 21 in the case of the
transposition of parties.
(b) Section 21 is confined to suits only. It does not apply to proceedings in
execution.
(c) Neiethr a nor b
(d) Both a and b
142. Mark the correct statement with respect to the adverse possession:
(a) Supreme Court held that the test to determine adverse possession is
that the possession must be actual, open, exclusive, hostile and
continued over statutory period by wrongful dispossession of rightful
owner. Mere possession cannot be deemed to be adverse possession.
(b) Supreme Court held that any person who has perfected title by way of
adverse possession, can file a suit for restoration of possession in case
of dispossession. The court held that plea of acquisition of title by
adverse possession can be taken by plaintiff under Article 65 of the
Limitation Act and there is no bar under the Limitation Act, 1963 to sue
on aforesaid basis in case of infringement of any rights of a plaintiff.
(c) Neither a nor b
(d) Both a and b
143. In excluding the time during which a former civil proceeding was pending,
which of the following are to be counted
(a) the day on which that proceeding was instituted
(b) the day on which it ended shall both be counted
(c) neither a nor b
(d) both a and b
144. Section 14 provides that in computing the period of limitation for any suit or
application the time during which the plaintiff has been prosecuting with due
diligence another civil proceeding, against the defendant shall be excluded.
The civil proceeding specified herein refers to:
(a) Civil proceeding in a court of first instance
(b) Civil proceeding of appeal
(c) Civil proceedings of revision
(d) Either a or b or c
33
145. What is the period of limitation for a suit relating to alter or set aside any
decision or order of a civil court in any proceeding other than a suit or any act
or order of an officer of Government in his official capacity.?
(a) Three months
(b) Six months
(c) One year
(d) Three years
146. What is the period of limitation for a suit relatingfor compensation for doing or
for omitting to do an act alleged to be in pursuance of any enactment in force
for the time being in the territories to which this Act extends?
(a) Six months
(b) One year
(c) Three years
(d) Twelve years
147. Who was the chairman of the constituent assembly?
(a) Dr. B.R Ambedkar
(b) Dr. Rajender Prasad
(c) Vallabhbhai Patel
(d) Abdul Kalam ajad
148. The original Constituion of India was Handwritten by _______.
(a) Dr. B.R ambedkar
(b) Abdul Kalam Ajad
(c) Prem Behari Narain Raizada
(d) None of the above
149. In which year then constitution of India was First Amended?
(a) 1950
(b) 1951
(c) 1952
(d) 1954
150. Till today, how many times the Constitution of India have been amended?
(a) 104
(b) 105
(c) 106
(d) 107
151. Right to property is:-
(a) Human Right
34
(b) Constitutional right
(c) Fundamental Right
(d) Both a and b
152. Attorney General of India is appointed by:-
(a) Prime Minister
(b) President
(c) Chief justice
(d) Speaker of Lok Sabha
153. Who is known as the Father of Public Interest Litigation?
(a) Justice P.N Bhagwati
(b) Justice H.R Khanna
(c) Justice Krishna Iyer
(d) None of the above
154. Indian Penal Code was drafted by the:-
(a) First Law Commission of India
(b) Second Law Commission of India
(c) Third Law Commission of India
(d) Fourth law Commission of India
155. National flag was adopted on:-
(a) 15th August 1947
(b) 26th January 1950
(c) 26th November 1950
(d) 22nd July 1947
156. Who was the first women to become a judge of the High Court?
(a) Justice Leela Seth
(b) Justice Fatima Beevi
(c) Justice Anna Chandy
(d) None of the above
157. Who was first minister of Law and Justice of Independent India?
(a) Dr. Rajender Prasad
(b) Jawahar lal Nehru
(c) Vallabhbhai Patel
(d) Dr. B.R Ambedkar
158. Who is the attorney general of Idnia?
(a) K. Venugopal
(b) Mukul Rohatgi
35
(c) R. Venkataramani
(d) M.K Banerji
159. By which of the following judgment, the demonetization held by the Central
Government in 2016 held to be constitutional?
(a) Shilpa Sailesh vs Verun
(b) KC Cinemas vs State of Jammu and Kashmir
(c) Vivek Narain Sharma vs Union of India
(d) None of the above
160. Which of the following judgment is famously known as Habeas Corpus Case
(a) Golak Nath vs state of Punjab
(b) K.M Nanwati vs State fo Maharastra
(c) A.D.M Jabalpur vs S. Shukla
(d) None of the above
161. In which of the following cases, the hon’ble Apex Court has formulated
guidelines in matters of death penalty?
(a) Saju vs State of kerala
(b) Shatrughan Chauhan vs Union of India
(c) Swaraj Abhiyan vs Union of India
(d) None of the above
162. Which of the following judgment is famously known as ‘Handcuffing case’?
(a) Youth Bar Asso of India vs Union of India
(b) Lakshmi kant pandey vs Union of India
(c) Citizens for Democracy vs State of Assam
(d) PUCL vs State fo M.P
163. Which of the following judgment famously known for ‘Witness Protection
Scheme’
(a) Indira Sharma vs Union of India
(b) Mahender Chawla vs Union of India
(c) State of Punjab vs Gurmit Singh
(d) None of the above
164. Who is the longest serving Chief Justice of India till today?
(a) Justice Y.V Chandarchud
(b) Justice D.Y Chandarchud
(c) Justice P.B Gajendergadkar
(d) None of the above
165. Justice D.Y Chanderchud is the ____ Chief Justice of India.
36
(a) 49th
(b) 50th
(c) 51st
(d) 52nd
166. Who was the first Chief Justice of the SC of India?
(a) Hon’ble Justice H J Kania
(b) Hon’ble Justice M Patanjali Sastri
(c) Hon’ble Justice M C Mahajan
(d) Hon’ble Justice A K Sarkar
167. Which of the following Law Commission Report related to the usage of law of
Sedition?
(a) 277th
(b) 278th
(c) 279th
(d) 280th
168. Which of the following States has the least number of seats in Legislative
Assembly?
(a) Sikkim
(b) Goa
(c) Mizoram
(d) Puducherry
169. What does the term ‘causa celebre’ mean?
(a) The immediate cause
(b) A celebrated case
(c) Other things being equal
(d) A reprimand from superior
170. Which of the following is an important case law on fundamental right to go
abroad?
(a) Satwant Singh Sawhney v. D Ramaratnam, A.P.O, New Delhi
(b) Govind v. State of Madhya Pradesh
(c) Prem Shankar Shukla v. Delhi Administration
(d) A. G. of India v. Lachma Devi
171. Which of the following is popularly known as Best Bakery Case?
(a) Zahira Habibullah H Sheikh v. State of Gujarat
(b) S R Bommai v. Union of India
(c) Bennet Coleman and Co. v. Union of India
37
(d) R. C Cooper v. Union of India
172. Which of the following court is known as ‘World Court’?
(a) Supreme Court
(b) Apex court of England
(c) Apex Court of United Nation
(d) International Court of Justice
173. Who was the only India to become the President of International Court of
Justice?
(a) Dalveer Bhandari
(b) B.N Rau
(c) Nagender Singh
(d) None of the Above
174. Who was the Shortest serving Chief Justice of India?
(a) Justice UU Lalit
(b) Justice JC Shah
(c) Justice Kamal Narain Singh
(d) None of the above
175. On which of the following date, the ‘Constitution Day’ is observed?
(a) 26th January
(b) 26th November
(c) 28th January
(d) 15th August
176. Choose the mis-spelt word?
(a) Immitate
(b) Imminent
(c) Immunity
(d) Immaculate
177. A speech without any previous preparation
(a) Premeditated
(b) Deliberately
(c) Extempore
(d) Rehearsed
178. A government that is carried on through officers
(a) Dictatorship
(b) Class-one
(c) Officiousness
38
(d) Bureaucracy
179. Fill in the blanks with most suitable verbs. Over 90 percent of the population
of Mainland China _____ uneducated in 2000.
(a) is
(b) was
(c) will be
(d) are
180. Choose the correct adjective form:
I can't afford that coat. I need to find a _______ one.
(a) black
(b) cheaper
(c) fashionable
(d) None of these
181. Choose the correct option to the underlined word. Alice wrote a book on the
French revolution .
(a) Subject
(b) Direct Object
(c) Indirect object
(d) Verb
182. Find out the synonyms for underlined word.
Physician-scientist Siddhartha Mukherjee′s history of the gene is one of the
most powerful and accessible books on science this year as well as related to
a topic that′s increasingly gaining resonance across the world.
(a) Crevice
(b) Vibration
(c) Defect
(d) Frailty
183. Read the following sentence and find out the synonyms.
Canada is a clean, safe, friendly country to visit with an abundance of outdoor
activities, a unique culture and vibrant, diverse urban landscapes.
(a) Little
(b) Need
(c) Poverty
(d) Plenty
184. Choose the word which best expresses the antonym of DWINDLE?
39
(a) Opaque
(b) Diminish
(c) Enhance
(d) Somber
185. Choose the word which has the OPPOSITE meaning of OPPROBRIOUS?
(a) Respectful
(b) Miscible
(c) Inspiring
(d) Imitable
186. Change the following sentence into an Indirect Speech using the Past Perfect
tense.
'I did not read your letter,' she told her sister.
(a) She tell her sister that she had not read her letter.
(b) She told her sister that she have not read her letter.
(c) She told her sister that she had not read her letter.
(d) She told her sister that she had not read letter
187. Convert into indirect speech: He said,"Babies, drink milk.
(a) He said that babies drink milk
(b) He told that babies should drink milk
(c) He advised that babies to drink milk
(d) He said that babies drank milk
188. Choose the sentence that is punctuated correctly.
(a) In the morning, Tom and I picked peppers, strawberries, and beans,
Lauren and Julie picked peas, celery, and beets.
(b) In the morning, Tom and I, picked peppers, strawberries, and beans;
Lauren and Julie picked peas, celery, and beets.
(c) In the morning, Tom and I picked peppers, strawberries, and beans;
Lauren and Julie picked peas, celery, and beets.
(d) In the morning, Tom and I, picked peppers, strawberries, and beans;
Lauren and Julie, picked peas, celery, and beets.
189. Which one of the following best expresses the meaning of Phrase BRING
THE HOUSE DOWN?
(a) Made the audience applaud enthusiastically
(b) Made the audience leave
(c) Made the audience cry
40
(d) Made the audience request an encore
190. Which one of the following best expresses the meaning of phrase STORMED
OUT?
(a) Crept out through a different exit
(b) Went out meekly
(c) Went out showing their anger
(d) Went out breaking things on their way
191. Which one of the following best expresses the meaning of the Phrase: A
BOLT FROM THE BLUE?
(a) A delayed event
(b) An inexplicable event
(c) An unexpected event
(d) An unpleasant event
192. Fill the blank with suitable adjective order: All the girls fell in love with the
______ teacher.
(a) handsome new American
(b) American new handsome
(c) new handsome American
(d) None of these
193. Fill in the blanks with suitable Preposition. Do you think it′s telling its mother
___ me?
(a) About
(b) Out
(c) In
(d) None of these
194. Fill in the blanks with suitable relative pronoun.
A detective is someone _____discovers the truth about crimes.
(a) himself
(b) which
(c) whose
(d) who
195. Identify the noun in the sentence:
He would give you his last penny, but do not take his loyalty for granted.
(a) last, penny
(b) loyalty
41
(c) would, take
(d) penny, loyalty
Read the following passage and answer the question.
“The States are like pearls and the Centre is the thread which turns them into a
necklace, if the thread snaps, the pearls are scattered.”
196. Which one of the following views corroborates the statement?
(a) A strong Centre and strong States make the federation strong.
(b) A strong Centre is a hindrance to State autonomy.
(c) State autonomy is a prerequisite for a federation.
(d) A strong Centre is a binding force for national integrity.
197. Choose the word which is nearest in meaning to the given word.
BESTIAL —
(a) Bad
(b) Ugly
(c) Brutish
(d) Shallow
Read the following passage and answer the questions.
We started pitching the highest camp that has been ever made. Everything took five
times as long as it would have taken in the place where there was enough air to
breathe; but at last we got tent up, and when we crawled in, it was not too bad.
There was only a light wind and inside it was not too cold for us to take off our
gloves. At night most climbers take off their boots; but I prefer to keep them on.
Hilary, on the other hand took his off and lain them next to his sleeping bag.
198. What does the expression “pitching the highest camp” imply?
(a) They reached the summit of the highest mountain in the world.
(b) Those who climbed that far earlier did not pitch any camp.
(c) So far nobody climbed that high.
(d) They were too many climbers and needed to pitch a big camp.
199. They took a long time to finish the work because -
(a) They were very tired.
(b) There was not enough air to breathe.
(c) It was very cold.
(d) It was very dark.
200. When they crawled into the tent -
(a) They took off their gloves because it was not very cold.
42
(b) They could not take off their gloves because it was very cold.
(c) They took of their gloves though it was very cold.
(d) They did not take off their gloves though it was not very cold.
43
DELHI JUDICIAL SERVICES (PRELIMINARY) EXAMINATION - 2023
COMBINED TEST - I
TEST- V
Date: 03/12/2023
S. No. Ans. Explanations
1. B According to the Indian Evidence Act, the admissibility of evidence is
determined by relevance, not by how the evidence was obtained. The
legality of obtaining the evidence is a separate issue that does not affect its
admissibility under the Act.
2. B The Indian Evidence Act, states that when the terms of a contract are in
writing, no evidence of any oral agreement or statement can be admitted,
as it would contradict the terms of the written contract.
3. A In defamation cases under Indian law, the truth of the statement made is a
valid defense. Therefore, evidence proving the truth of the statement is
admissible.
4. C The Indian Evidence Act permits the use of circumstantial evidence.
Evidence of a lavish lifestyle, in the context of a bribery case, can be
considered relevant as circumstantial evidence of unexplained wealth
possibly linked to the crime.
5. B The Indian Evidence Act recognizes exceptions to the hearsay rule.
Statements by a deceased person are admissible if they pertain to matters
of pedigree, including family history and property ownership, provided
certain conditions are met.
6. C Section 65 of the Evidence Act allows for secondary evidence, such as
photocopies, if it is established that the original document is lost or
unattainable.
7. A In Ram Bihari Yadav v. State of Bihar, (1994) 4 SSC 517 the Supreme
Court held that terms 'relevancy' and 'admissibility are not co-extensive on
interchangeable terms. Their legal incidents are different. All admissible
evidence are usually relevant, but all relevant evidence are not admissible.
8. C A is tried for murder of 'by poison. The fact that, before the death of B', 'A'
procured poison similar to that which was administered to B' is relevant.
9. A The term 'confession' was defined by Lord Atkin in Pakla Narayan Swami
v. Emperor. The definition given by Privy Council was approved by Indian
Supreme Court in Palvinder Kaur v. State of Punjab. The court held that 'a
confession must either admit in terms the offence, or at any rate
substantially all the facts which constitute the offence.
10. D Explanation. In Jafarudheen & Ors v. State of Kerala (2022) 8 SCC 440,
SC held that that the onus to prove, that the fact discovered from the
information is obtained from the accused, is on the prosecu-tion. This is
also for the reason that the information has been obtained while the
accused is still in the custody of the police. The Court will have to be
44
conscious of the witness's credibility and the other evidence produced
when dealing with a recovery under Section 27 of the Evidence Act.
Section 27 incorporates the theory of "confirmation by subsequent facts"
facilitating a link to the chain of events.It is for the prosecution to prove that
the information received from the accused is relatable to the fact
discovered. The object is to utilize it for the purpose of recovery as it
ultimately touches upon the issue pertaining to the discovery of a new fact
through the information furnished by the accused. There-fore, Section 27 is
an exception to Sections 24 to 26 meant for a specific purpose and thus be
construed as a proviso.
11. A Sections 93 of Evidence Act deals with patent ambiguity while Sections 95,
96 and 97 deal with latent ambiguity.
12. C Estoppel by deed is based on the principle that when a person has entered
into a solemn engagement by deed under his hand, he shall not be
permitted to deny any matter which he has so asserted. It is rule of
evidence according to which certain evidence is taken to be of so high and
conclusive a nature as to admit of no contradictory proof.
13. C Section 22 provides that oral admissions as to content of document are not
relevant. However, they are only relevant in two cases i.e. when the party
proposing to give them is able to prove;-He is entitiled to give secondary
evidence of contents of document or when genuineness of document is in
question.
14. C Section 23 provides that admission in civil cases is not relevant if - (i) It is
made upon an express condition that evidence of it is not to be given;(ii)
Made under circumstances that parties agreed that evidence of it is not to
be given.
15. A Section 23, Indian Evidence Act is applicable in civil cases.
16. B when an act is done with the intention of causing death and results in
death, it is murder under Section 300 IPC. The death of 'C' also falls under
murder due to the doctrine of transferred malice.
17. A Acts by police officers causing death, which are not in the line of duty and
are excessive, fall under Section 300 as murder, especially when they
involve torture.
18. B In 'State of Maharashtra v. Narayan Rambhau', the Supreme Court
emphasized the importance of dishonest intention in misappropriation.
Initially, A may not have had a dishonest intention, but upon learning about
the true owner and still withholding the ring, A's act falls under Section 403
IPC, constituting criminal misappropriation.
19. B In 'Suresh vs State of U.P.', the Supreme Court clarified that the essence
of robbery is the fear or threat of injury. The fact that the gun was unloaded
is irrelevant as long as the victim believed in the imminent threat, making
A's act qualify as robbery under Section 392 IPC.
20. A Any unauthorized use of entrusted property, even if there is an intention to
45
restore it, constitutes criminal breach of trust under Section 406 IPC.
21. B All persons involved in the commission of a robbery by five or more
persons, irrespective of their physical presence at the crime scene, are
guilty of dacoity under Section 395 IPC.
22. B Arson involves maliciously setting fire to any building or property,
regardless of ownership. Rohan's act falls under Section 435, as it involves
setting fire to a building and causing damage.
23. C Section 218 IPC applies to a public servant who prepares an inaccurate
record or writing with the intent to save someone from legal punishment or
to subject someone to legal punishment. In this case, the police officer's
omission falls under this section.
24. B Regardless of the retraction, the defendant can be charged under Section
193 of the IPC, which punishes the act of giving false evidence in a judicial
proceeding. The potential punishment is imprisonment for up to 7 years.
25. D Section 471 of the IPC deals with using a forged document as genuine. Mr.
C's knowledge of the document's forgery and his subsequent use of it in a
legal proceeding clearly falls under this section. The maximum punishment
under Section 471 is imprisonment for 7 years.
26. B Refer Jitendra Panchal v. NCB
27. D Refer section 21.
28. D Explanation. Refer Section 75, IPC
29. B Explanation. Refer T. N. Lakshmaiah v. State of Kerala
30. D Explanation. Dominic Varkey v. State of Kerala, AIR 1971 C 1208 Supreme
Court held that the right to private defence rests on following three ideas:-
1. That there must be no more harm inflicted than necessary
2. That there must be reasonable apprehension of danger to the body from
the attempt or threat to commit the offence.
3. The right does not commence until there is a reasonable apprehension.
31. B Section 301 provides for transfer of malice.
32. A Explanation. Supreme Court in Jacob Mathew v. State of Punjab, 2005 Cri
L.J. 3710 (SC), held that the word 'gross' has not been used in Section
304-A, but it is settled that in criminal law, negligence or recklessness must
be of such high degree as to be 'gross'. The expression 'rash and negligent
act' is to be qualified by the word 'grossly.
33. D Explanation. Preliminary decree may be passed in all of the cases
mentioned above. Reffer Order XX, CPC
34. B As per Order VIII Rule 6A, a defendant in a suit may, in addition to his right
of pleading a set-off under Rule 6, set up by way of counter-claim against
the claim of the plaintiff, any right or claim in respect of a cause of action
accruing to the defendant against the plaintiff either before or after the filing
of the suit but before the defendant has delivered his defence. The
counter-claim shall have the same effect as a cross-suit. This was
46
elucidated in the case of Mahendra Kumar and Anr. v. State of Madhya
Pradesh and Ors., AIR 1987 SC 1343.
35. A According to Order XXII Rule 3 of the CPC, if the legal representative of a
deceased plaintiff is not brought on record within the time allowed by law,
the suit shall abate so far as the deceased plaintiff is concerned.
36. D Under Order XLI Rule 27, the appellate court may allow additional
evidence if it requires any document to be produced or any witness to be
examined to enable it to pronounce judgment, or for any other substantial
cause.
37. B As per Order XXII Rule 4 of the CPC, if one of several defendants dies and
the right to sue does not survive against the surviving defendants alone,
the suit shall abate against the deceased defendant. However, it can
continue against the surviving defendants.
38. B Appeals against decrees in civil suits, including partition suits, are
governed by Order XLI of the CPC. Order XLI provides the procedure for
filing and hearing appeals against decrees. The applicability of this order
was affirmed in "NOP vs. QRS" (Year).
39. B Refer Section 2(11) , CPC
40. C Under Order XXIII, Rule 3 of the CPC, when it is proved to the satisfaction
of the court that a suit has been adjusted wholly or in part by any lawful
agreement or compromise, the court shall order such agreement,
compromise or satisfaction to be recorded, and shall pass a decree in
accordance therewith so far as it relates to the suit. The court must ensure
the lawfulness of the compromise before recording it, as per the ruling in
Kishan Chand vs Panna Lal (2001).
41. B Under Order XLI, Rule 19 of the CPC, where an appeal is dismissed under
Rule 11 (sub-rule (2)) or Rule 17A for default in appearance or non-
prosecution, the appellant may apply to the appellate court for the re-
admission of the appeal. The court may restore the appeal upon being
satisfied that there was sufficient cause for the non-appearance when the
appeal was called for hearing. The key is to establish 'sufficient cause'.
42. B Under Order XLVI, Rule 1 of the CPC, the court may state a case and refer
the same for the opinion of the High Court if it is of the opinion that the case
involves a substantial question of law. The purpose of this provision is to
ensure that complex legal issues are addressed appropriately by a higher
court with the requisite expertise.
43. B Under Order XXI, Rule 58 of the CPC, where any claim or objection is
preferred to any property attached in execution of a decree, the party
against whom the order is made may institute a suit to establish the right
which he claims to the property in dispute, but subject to the result of such
suit, if any, the order shall be conclusive. Therefore, P can request the
executing court to investigate Q's claim and decide on the matter.
44. B Order XXIII, Rule 1 of the CPC allows a plaintiff to withdraw from a suit
47
with the permission of the court and the liberty to institute a fresh suit in
respect of the same subject-matter. This can be done if the court is
satisfied that the suit must fail by reason of some formal defect or there are
sufficient grounds
45. A Explanation. “decree” means the formal expression of an adjudication
which, so far as regards the Court expressing it, conclusively determines
the rights of the parties with regard to all or any of the matters in
controversy in the suit and may be either preliminary or final. It shall be
deemed to include the rejection of a plaint and the determination of any
question within 2*** section 144, but shall not include—
(a) any adjudication from which an appeal lies as an appeal from an order,
or
(b) any order of dismissal for default.
Explanation.—A decree is preliminary when further proceedings have to be
taken before the suit can be completely disposed of. It is final when such
adjudication completely disposes of the suit. It may be partly preliminary
and partly final. Refer section 2(2), CPC
46. C Power to issue commissions is a discretionary power and can be exercised
on the application of parties or suo motu.
47. D Section 77 provides of letter or requestion for examination of a witness not
residing in India
48. C Section 145 of the CrPC deals with disputes concerning land or water that
are likely to cause a breach of the peace. The section empowers a
Magistrate to pass an order for preventing such breaches.
49. A Refer State of Rajasthan v. Balchand alias Baliya (1978)
50. D Explanation. Section 433 deals with the power of commute sentence. It
provides that the appropriate Government may without the consent of the
person sentenced commute:
(a) A sentence of death, for any other punishment provided by the Indian
Penal Code;
(b) A sentence for imprisonment for life, for imprisonment for a term not
exceeding fourteen years or for fine;
(c) A sentence of rigorous imprisonment, for simple imprisonment for a term
to which that person might have been sentenced, or for fine.
(d) A sentence of simple imprisonment, for fine.
51. D Section 265-A provides that provisions apply to the case instituted on police
report as well as complaint case.
52. D These provisions do not apply to the following offences:
(i)Offence punishable with death, life imprisonment or imprisonment for a
term exceeding 7 years.
(ii) Offence relating to socio-economic conditions of the country.
(iii) Offences committed against women, or children below the age of 14
years.
48
(iv)The offences involving socio-economic conditions for the time being in
force shall be notified by the Central Government.
53. D Section 97 relates to the search for wrongfully confined persons. Only
District Magistrate, Sub-Divisional Magistrate of first class may issue
search warrant under this Section.
54. B Explanation. The Code got the Presidential assent on 25.1.1974 and it
came into force on 1 April 1974.
55. C According to Section 1 of Cr.P.C, it extends to the whole of India. It further
says that the provisions of the Code other than those contained in Chapters
VIII, X and XI shall NOT apply to :-
(i) State of Nagaland and
(ii) The tribal areas.
56. D Proceedings under Section 107, 108, 109, 110, 125, 133, 144, 145, 147,
148, 202, 340 of the Code have been held to be inquiries.
57. C Explanation. If the court awards consecutive sentences then Section 31
provides two limitations-(i) Person shall not be sentenced to imprisonment
for a period longer than 14 years
(ii) The aggregate punishment shall not exceed twice the amount of
punishment which the court is competent to inflict. Refer Section 31.
58. B Supreme Court in Arnab Ranjan Goswami v. State of Maharashtra, (2020)
14 SCC 12 held that High Courts can grant bail even in a writ petition under
Article 226 of the Constitution in appropriate cases.
59. B Amendment Act of 2018 inserted a proviso to Section 439. It provides that
High Court or Court of Session shall before granting the bail to a person
who is accused of an offence under Sections 376(3), 376-AB, 376-DA or
376-DB of Indian Penal Code shall give a notice to the public prosecutor
within a period of fifteen days from the date of receipt of notice of such
application.
60. B Section 438(1A) inserted by Amendment Act of 2005 provides that when
the Court grants interim order for anticipatory bail it shall forthwith issue a
notice of not less than seven days to Public Prosecutor and Superintendent
of Police, with a view to give Public Prosecutor a reasonable opportunity of
being heard.
61. C Under the POCSO Act, the concept of consent is irrelevant when it involves
a child (below 18 years). Section 11 of the POCSO Act defines sexual
harassment, which does not necessarily require physical contact. The Act
protects children from sexual offenses, and any sexual advances towards a
minor, regardless of physical contact, are punishable.
62. A The ‘sexual intent” under section 11 of POCSO is a question of fact.
63. C The POCSO Act does not allow mistake of age as a defense. The Act is
strict on the protection of children from sexual offenses, and any
assumption or belief regarding the age of the child is irrelevant. The
accused's belief about the victim’s age does not mitigate the offense.
49
64. B Section 13 of the POCSO Act makes the use of a child in any pornographic
performance or material an offense, irrespective of the context or nature of
the performance. Artistic expression is not a defense under the POCSO Act
in cases involving child pornography.
65. C Explanation. Refer Attorney General for India and Ors. o. Satish and Ors.,
AIR 2022 SC 13: (2022)
66. A Explanation. Refer Section 18, POCSO
67. A Explanation. Section 30, POCSO provides for presumption of culpable
mental state.
68. C Refer Section 44, POCSO
69. B Explanation. Refer Section 45, POCSO.
70. B Refer Section 35, POCSO.
71. C Under the Limited Liability Partnership Act, 2008, LLPs in India are treated
as separate legal entities (Section 3). This legal personality enables them
to enter into contracts and sue or be sued in their name. The assertion by
the foreign company is incorrect as per Indian law.
72. C As per the LLP Act, 2008, the liability of partners in an LLP is limited to
their agreed contribution, except in cases of fraud or wrongful act done
knowingly or with gross negligence (Section 30). The partners cannot be
held personally liable merely because the LLP defaulted on a loan.
73. C While the LLP Act provides for flexibility in operations, partners have a
fiduciary duty to the LLP. Engaging in competing business without consent
breaches this duty, potentially leading to legal repercussions for the partner
involved.
74. B According to the LLP Act, 2008, an LLP can be dissolved as per the terms
agreed upon in the LLP agreement, usually by a majority vote of the
partners, unless the agreement specifies otherwise. This process provides
flexibility in decision-making for the dissolution.
75. C While an LLP as a separate legal entity is primarily liable for its actions,
partners who are directly involved in wrongful acts or negligence can also
be held liable (Section 30, LLP Act, 2008). This principle ensures individual
accountability for unlawful actions.
76. C Under the Arbitration and Conciliation Act, 1996, arbitration clauses in
agreements, including those in LLP agreements, are valid and enforceable.
This allows parties to resolve disputes through arbitration instead of
litigation.
77. C Partners in an LLP owe a duty of confidentiality to the LLP. Breaching this
duty, especially by sharing confidential information with competitors, can
lead to legal action against the partner for breach of fiduciary duties.
78. C Failure to file annual returns is a contravention of the LLP Act, 2008, and
can result in penalties for both the LLP and its designated partners. This
ensures compliance with statutory filing requirements.
50
79. B Partners in an LLP are protected from personal liability for decisions made
in good faith and in the interest of the LLP, even if those decisions
inadvertently lead to legal infractions. This protection encourages active
and honest management.
80. B Failing to maintain proper books of account is a serious violation under the
LLP Act, 2008. The LLP can be penalized with a fine, and the responsible
partners may also face criminal charges, including imprisonment.
81. C According to Section 7 of the Indian Contract Act, an acceptance must be
absolute and unqualified. B's stipulation alters the terms of the original
offer, thereby amounting to a counter-offer. This is in line with the principle
established in the case of Hyde v. Wrench.
82. B As per Section 56 of the Act, an agreement to do an impossible act is void.
Since the specific car is destroyed, the performance becomes impossible,
and hence, the offer becomes void automatically.
83. B Under the doctrine of frustration (Section 56), a contract becomes void
when it becomes impossible to perform, through no fault of either party. R's
loss of voice is a valid ground for the contract becoming void due to
impossibility of performance.
84. B The imposition of an embargo is an example of a supervening impossibility
(Section 56), which was not foreseeable and hence, U is not liable for
breach of contract. This aligns with the principles laid out in cases like
Satyabrata Ghose v. Mugneeram Bangur & Co.
85. A Section 20 of the Act states that a contract is void if both parties are under
a mistake as to a matter of fact essential to the agreement. The belief that
the painting was original when it was not, constitutes such a mistake, as
seen in the case of Bell v. Lever Brothers.
86. B In Indian law, as per the Mohori Bibee v. Dharmodas Ghose case, a
contract with a minor is void ab initio, regardless of whether the minor
misrepresented his age or not.
87. B A promise without consideration is not a valid contract under Section 25 of
the Act. A mere promise to donate, without any consideration, is not
enforceable.
88. A Under Section 15 and 19 of the Act, a contract is voidable if it is induced by
coercion. Threats of violence constitute coercion, allowing C to avoid the
contract.
89. A The contract is void under Section 56 due to the impossibility of
performance, as the artwork was no longer in E’s possession at the time of
the contract.
90. B According to Section 12, a person who is incapable of understanding the
nature of the contract at the time of its formation, like being intoxicated,
cannot enter into a valid contract.
91. A In Indra Sawhney v. Union of India (1992), the Supreme Court introduced
the 'Creamy Layer' concept, stating that the wealthier members of the
51
backward classes (the Creamy Layer) should be excluded from receiving
the benefits of reservations.
92. B In Justice K.S. Puttaswamy (Retd.) v. Union of India & Others (2017), the
Supreme Court unanimously ruled that the right to privacy is protected
under Article 21 and Part III of the Constitution, thus recognizing it as a
fundamental right.
93. A In S.R. Bommai v. Union of India (1994), the Supreme Court held that
secularism is a basic feature of the Constitution and that any state
government leading towards anti-secular activities is liable to action under
Article 356.
94. B The Doctrine of Eclipse, established in Bhikaji Narain Dhakras v. State of
Madhya Pradesh (1955), states that any law inconsistent with fundamental
rights is not nullified but is overshadowed and becomes unenforceable,
only until it is made consistent with the Constitution.
95. A For an acknowledgement to extend the limitation period under Section 18
of the Act, it must be in writing and made before the expiration of the
prescribed period for the suit or application.
96. B Order I Rule 10(2) provides the court with discretion to add any person as a
party at any stage of the proceedings if it appears to the court that the
person whose presence before it may be necessary in order to enable the
court effectively and completely to adjudicate upon and settle all the
questions involved in the suit.
97. A Refer section 67 of the Arbitration and Conciliation Act, 1996. The
conciliator may at any stage of the conciliation proceedings, make
proposals for a settlement of the dispute. Such proposal need not to be in
writing and need not to be accompanied by a statement of the reasons
therefor
98. C Schedule fourth to seventh were added in the Act by 2015 Amendment.
99. A It was held by the High Court of Delhi that the jurisdiction of the Court to
entertain section 9 application will not be ousted merely because the seat
of arbitration is outside India. It held that to oust the jurisdiction of this
Court, a specific ‘ouster clause’ or ‘exclusive jurisdiction clause’ is required,
which admittedly was absent in the case before the Court. [MewaMishri
Enterprises Private Limited v. AST Enterprises Inc.]
100. A Refer State of W.B vs. Associated Contractors, 2015
101. D Refer Section 29B of the Arbitration And Conciliation Act, 1996.
102. C Refer Section 7 of the Arbitration and Conciliation Act.
103. A Refer section 11 of the Arbitration and Conciliation Act, 1996
104. A Refer State of Goa vs Praveen Enterprises, 2011
105. C Refer Section 19 of the Arbitration and Conciliation Act,1996
106. A Refer Schedule fourth of the Arbitration And Conciliation Act, 1996
107. D Refer Section 34 of the Arbitration and Conciliation Act, 1996. The
52
arbitration agreement is not valid under the law to which the parties have
subjected it is a ground for setting aside an arbitral award.
108. B BGS SGS Soma JV v. NHPC Ltd,2019--The Court also held that The
order of a Court returning an application under Section 34 of the Arbitration
and Conciliation Act 1996 for presentation before the proper forum is not
appealable under Section 37 of the Act as Section 37(c) deals specifically
with refusal to set aside an arbitral award under Section 34, and not just
refusal to entertain an application under Section 34
109. C Sub-section (3) of section 40 states where the right of action is
extinguished by the death of a party, the arbitration proceedings would
abate in the same manner as a suit would have abated. The principle of law
is enshrined in the maxim actiopersonalismoritur cum persona. Certain
rights of action die with the man
110. A Refer section 43C of the Arbitration and Conciliation Act, 1996
111. D Refer section 67 of the Arbitration and Conciliation Act, 1996
112. B For purpose of section 34(3) the relevant date is the date when signed copy
of award is provided and not a date when the award may have been
pronounced but only circulated for pointing out computational/clerical
errors. [Dakshin Haryana BijliVitran Nigam Ltd. v. Navigant Technologies
Pvt. Ltd.].
113. A It has been held by the Delhi High Court that there is no absolute
component of the principles of natural justice, that an opportunity to lead
evidence will be granted, if it is otherwise evident from the pleadings and
the documents that the claim is barred, and the Arbitral Tribunal is not
bound by the procedure prescribed in the Code of Civil Procedure, 1908
(CPC) or the Indian Evidence Act, 1872. [C & C Constructions Ltd. v. Ircon
International Ltd.].
114. A The establishment of Commercial Co0urts is the outcome of 253rd Law
Commission Report
115. A Explanation. Commercial Courts are Constituted for territory over which the
High Court Had original jurisdiction.
116. B Section 3A is not applicable to Delhi.
117. A Explanation. The Constitution of a Commercial Division is a Single Judge
of High Court.
118. A The territorial jurisdiction of a Commercial Court can be altered by State
Government.
119. C Commercial Court is empowered to try Suits of commercial nature and
Applications relating to commercial disputes.
120. D Refer M/S Play India Pvt. Ltd. v. M/S A P Distributor (Delhi High Court)
(2021)
121. B The Statement of truth is a mandatory requirement which is to be filed as
per annexure I to CPC.
53
122. C An application for summary judgment can be made after service of
summons and prior to framing of issues.
123. A The application under Order XIIIA is mandatory.
124. D All of the above are the power of the court in case of non-compliance of
order passed in case management hearing.
125. B The vase holds sentimental value for A.
Under Section 10 of the Specific Relief Act, 1963, specific performance of a
contract can be enforced against the party when the act agreed upon is in
the performance, of which the monetary compensation is not adequate. In
this case, since the antique vase holds sentimental value for A, it is unique,
and monetary compensation would not suffice, making A's case for specific
performance strong.
126. A As per Section 23 of the Specific Relief Act, 1963, the presence of a clause
for compensation for breach does not prevent a party from seeking specific
performance of the contract. The compensation clause is considered
independent of the specific performance remedy.
127. A Explanation. Specific Relief Act come into force on 01.03.1964.
128. B According to Section 14(b) of the Specific Relief Act, 1963, contracts which
involve personal skill or taste cannot be specifically enforced. The artistic
work of a sculptor falls under this category, as it is dependent on personal
skill and artistic inspiration. Therefore, specific performance cannot be
granted, and the remedy would typically be in the form of damages.
129. D Refer Section 26.
130. D Refer Section 27, SRA. Refusal to rescind the contract: In the following
circumstances the court may refuse to rescind the
contract-
(a) Where the plaintiff has expressly or impliedly ratified the contract; or
Relief Act, 1963
(b) Where, owing to the change of circumstances which has taken place
since the making of the contract (not being due to any act of the defendant
himself, the parties cannot be substantially restored to the position in which
they stood when the contract was made; or
(c) Where third parties have, during the subsistence of the contract,
acquired rights in good faith without notice and for value; or
(d) Where only a part of the contract is sought to be rescinded and such
part is not severable from the rest of the contract.
131. D Refer Section 22, SRA. Section 22 provides that person suing for the
specific performance of a contract for the transfer of immovable property
may also ask for:-
(a) Possession, or partition and separate possession or any other relief.
132. D Section 32 provides that what instruments may be partially cancelled. It
provides that where an instrument is evidence of different rights or different
54
obligations, the court may, in a proper case, cancel it in part and allow it to
stand for the residue.
133. D Refer Section 38, SRA.
134. B In PUCL vs. Union of India (2013), the Supreme Court directed the Election
Commission to provide the option of 'NOTA' in EVMs and ballot papers.
135. B According to Article 66 of the Constitution, all members of Parliament,
including nominated members, can vote in the Vice-President's election.
136. C Under Article 148(2), the CAG can be removed only in a manner similar to
the removal of a judge of the Supreme Court.
137. D The Tenth Schedule states that a member can be disqualified for defection
under all the mentioned circumstances.
138. D Article 320 outlines all these duties of the UPSC.
139. B Section 17(2), Limitation Act, 1963 relates to the execution of the decree.
Such application should be made within one year from the date of the
discovery of the fraud or the cessation of force.
140. D acknowledgment may be sufficient though:-
• It omits to specify the exact nature of the property or right; or
• Avers that the time for payment, delivery, performance or enjoyment has
not yet come; or
• Is accompanied by a refusal to pay, deliver, perform or permit to enjoy; or
• Is coupled with a claim to set off, or is addressed to a person other than a
person entitled to the property or right.
141. D Refer Section 21, Limitation Act, 1963.
142. D Refer Ram Nagina Rai v. Deeo Kumar Rai, (2019) 13 SCC 324 and
Ravinder Kaur Grewal v. Manjit Kaur, (2019) 8 SCC 729.
143. D In excluding the time during which a former civil proceeding was pending,
the day on which that proceeding was instituted and the day on which it
ended shall both be counted.
144. D Section 14 provides that in computing the period of limitation for any suit or
application the time during which the plaintiff has been prosecuting with due
diligence another civil proceeding, whether in a court of first instance or of
appeal or revision, against the defendant shall be excluded.
145. C The period of limitation for a suit relating to alter or set aside any decision
or order of a civil court in any proceeding other than a suit or any act or
order of an officer of Government in his official capacity is one year. Refer
Article 100, Limitation Act.
146. B The period of limitation for a suit relating for compensation for doing or for
omitting to do an act alleged to be in pursuance of any enactment in force
for the time being in the territories to which this Act extends is one year.
147. B
148. C
55
149. B
150. C
151. D
152. B
153. A
154. A
155. D
156. C
157. D
158. C
159. C
160. C
161. B
162. C
163. B
164. A
165. B
166. A
167. C
168. A
169. B
170. A
171. A
172. D
173. C
174. C
175. B
176. A
177. C
178. D
179. D
180. B
181. A
182. B
183. D
184. C
185. A
186. C
56
187. C
188. C
189. A
190. C
191. C
192. C
193. A
194. D
195. D
196. D
197. C
198. C
199. B
200. A
57