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MPSC Assistant Legal [Non-gazetted], General State Service, Group-B screening test 2017 Question Paper

Assistant Legal [Non-gazetted], General State Service

1.A High Court or a Court of Session has special powers under Section 439 regarding
bail may direct

(1) That any person accused of an offence and in custody be released on bail and if
the offence is of the nature specified in sub-section (3) of Section 437, may
impose any condition necessary for the purpose mentioned in that sub-section.

(2) That any condition imposed by a Magistrate when releasing any person on bail
be set aside or modified.

(3) Such other condition as may be imposed as if bail were granted.

(4) None of the above

2.Undcr Section__________of the Code of Civil Procedure, notice is necessary in a suit
against public officers in respect of act done or purporting to be done by such public
officers in their official capacity.

1) 79
2) 80
3) 81
4) 93

3.Which ofthe following statements is not true ?

(1) Written statement is a defense in writing.
(2) Written statement can be filed by defendant.
(3) There is a time limit to file a written statement.
(4) Written statenlent can be filed by a person who is not a party.

4.What is the period of notice issued under Section 80 while filing a suit against a
State Government or a State ?

(1) 30 days
(2) 40 days
(3) 60 days
(4) 90days

5.If a Judge thinks that a matter is required to be heard by two or more Judges, he
may report to

(1) The Chief Justice
(2) Two or more Judgcs
(3) The Registrar of High Court

6.An Advocate can be designated as Senior Advocate by the

(1) Government
(2) Chief Justice of High Court only
(3) Chief Justice or any other Judge of High Court
(4) None of the above

7. As per Section 347 of the Code of Criminal Procedure, at the directions of __________,the Registrar or Sub-registrar is to be deemed a Civil Court.

(1) the State Government
(2) the Chief Justice of High Court
(3) the Governor of the State
(4) None of the above
8.A sentence of death passed by a Sessions Judge shall be subject to confirmation by

(1) The Supreme Court
(2) The High Court
(3) Both the Supreme Court and the High Court
(4) None of the above

9.A man was at a specified time conscious of a particular sensation, this is a/an

(1) Fact
(2) Fact in issue
(3) Evidence
(4) None of the above

10.A owes the partnership firm of B and C, Rs 1,000. B dies leaving C surviving. A sues
C for a debt of Rs 1,500 due in his separate character.

Consider the following in this regard :

a. C may set-off the debt of Rs 1,000.
b. C may not set-off the debt of Rs 1,000.
c. C may set-off the debt of Rs 1,500.
d. C may not set-off the debt of Rs 1,500.

Select the correct options.

(1) Only a and c
(2) Only a
(3) Only b and d
(4) Only d

11.Under Section __________of the Notaries Act, 1952, if any person falsely
represents that he is a notary without being appointed as such, shall be punishable
with imprisonment and or with a fine.

(1) 10
(2) 11
(3) 12
(4) 13

12.Section__________of the Code of Civil Procedure empowers a subordinate court to
state a case and refer the same for the opinion of the High Court.

(1) 113
(2) 132
(3) 136
(4) None of the above

13.Following person shall keep a book in which all sums received shall be duly entered :

(1) Registrar of High Court
(2) Accountant
(3) Registrar of Small Cause Court
(4) None of the above

14.Section 19 of the Presidency Small Cause Court Act, 1882 is provided for

(1) The suits in which the Small Cause Court has jurisdiction
(2) The local limits ofjurisdiction of the Small Cause Court
(3) The suits in which the Small Cause Court has no jurisdiction
(4) None of the above

15.As per Rule 1 of the Bombay High Court Appellate Side Rules, 1960, the civil and
criminal jurisdiction of the court on the appellate side shall be exercised by a
Division Court consisting of

(1) One or more Judges
(2) TwoormoreJudges
(3) Single Judge
(4) None of the above

16.In criminal cases

(1) Previous good character is relevant
(2) Previous good character is irrelevant
(3) Previous bad character is relevant
(4) All the above

17.Section 65 of the Indian Evidence Act, 1872 enumerates__________exceptional
cases in which secondary evidence is admissible.

(1) 5
(2) 6
(3) 7
(4) 8

18.A single Judge may pass interim orders

(1) dur~ng vacation
(2) on holidays
(3) Both (1) and (2) above
(4) None of the above

19.As per Bombay High Court Appellate Side Rules, 1960 in case of contempt of court,
the court may take action

(1) suo motu
(2) on a petition made by Advocate General
(3) on a petition made by any person
(4) All the above

20.The Registrar may

(1) sign all decrees
(2) issue notices
(3) determine court fccs
(4) All the above

21.Read the following statements :

a. Every suit, appeal or application filed after the period of limitation shall be
dismissed.

b. Where the appellant or applicant satisfies the court that he had a ‘sufficient
cause’ for not preferring appeal or making application, the court may condone
delay and hear the case on merits.

Select the correct response.

(1) Both statement a and statement b are correct
(2) Both statement a and statement b are incorrect
(3) Statement a is correct, but statement b is incorrect
(4) None of the above

22. A : Review of judgement of full Bench is not permissible.
B : Jurisdiction of full Bench is advisory and consultative which is distinct than
the one under Article 226.

Select the correct response.

(1) Both A and B are correct
(2) Both A and B are incorrect
(3) A is correct, but B is incorrect
(4) A is incorrect, but B is correct

23.Section __________of the Limitation Act, 1963 provides postponement of limitation.

(1) 12
(2) 13
(3) 14
(4) 16

24.Sufficient cause for extension of limitation means

(1) Cause beyond the control of the party
(2) Party acted in good faith with due care and attention
(3) Only (1) of the above
(4) Both (1) and (2) of the above

25.Notaries can be appointed by

(1) The Central Government
(2) The State Government
(3) Thc Central and the State Governments
(4) None of the above

26.As per the Civil Procedure Code, the following can administer the oath on affidavit :

(1) Any Court
(2) The Notary
(3) The Magistrate
(4) All the above

27.As per Section 13 of the Code of Civil Procedure a foreign judgement is conclusive
and will operate as res judicata between the parties thereto except if

(1) It has not been pronounced by a court of competent jurisdiction
(2) It has not been given on the merits of the case
(3) The proceedings in which the judgement was obtained are opposed to natural
justice
(4) All the above

28. A. The Court of Small Causes shall have jurisdiction to entertain and try all suits
and proceedings between a landlord and a tenant or relating to recovery of
rent, etc.
B. Such suits shall be entertained for any immovable property situated in greater
Bombay

Select the correct response.

(1) Both A and B are correct
(2) A is correct, but B is incorrect
(3) Both A and B are incorrect
(4) Ais incorrect, but L1 is correct

29.As per Rule 873 of the Bombay High Court Original Side Rules, 1980, the
memorandum of review shall contain

(1) Plainly and concisely the grounds on which the review is sought
(2) The grounds of a discovery of new matters or evidence
(3) A list of witnesses and short statement of the evidence expected to be given by
them
(4) All the above

30.Section________of the Indian Evidence Act, 1872 deals with ‘hostile, adverse and
unfavourable witness’.

(1) 147
(2) 150
(3) 152
(4) 154

31.Bailable offence means an offence which is shown as bailable in the__________
Schedule.

(1) First
(2) Fourth
(3) Seventh
(4) Tenth

32.The name of a Notary may be removed from the register if he

(1) makes a request
(2) commits professional misconduct
(3) becomes insolvent
(4) All the above

33.As per the Code of Criminal Procedure, an offence committed outside India is dealt
under Section

(1) 185
(2) 187
(3) 188
(4) None of the above

34.What is the punishment for a person who falsely represents hiniself as a Notary ?

(1) Imprisonment not exceeding six months or with a fine or both
(2) Imprisonment not exceeding 1 year or with a fine or both
(3) Imprisonment not exceeding 2 years or with a fine or both
(4) Imprisonment not exceeding 3 years or with a fine or both

35.”As per the Bombay High Court Appellate Side Rules, 1960 the Registrar has tl~r,
power to pass certain orders in case of petitions under Article 226 and 227 of the
Constitution.” This statement is

(1) Wrong
(2) Correct
(3) Partly wrong and partly correct
(4) Can’t say

36.In computing the period of limitation, the day from which such period is to 11e
reckoned shall

(1) Bc counted
(2) Be excluded
(3) Depend on court
(4) Depend nn plaintiff

37.Section 32 of the Evidence Act deals with

(1) Confession
(2) Admission
(3) Dying Declaration
(4) None of the above

38.’As per Rule 304 of the Bombay High Court Original Side Rules, 1980, the errors
may be rectified after decree or order is sealed’ subject to condition that

(1) An application to rectify an error shall be made ta the prothonotary and senior
master

(2) A notice to the parties must be issued before rectifying errors.

(3) The matter should bc placed before the Judge who passed the decree or order 01.
in the event of his absence before any other Judge.

(4) All the above

39.As per Section 7 and 8 of the Presidency Small Cause Courts Act. 1882, the first of
the Judges in rank and precedence is called the

(1) Chief Judge of the Small Cause Court
(2) Judicial Magist,rate of the Small Cause Court
(3) Principle Judge of the Small Cause Court
(4) None of the above

40.”Bill of Exchange” under the Limitation Act. 1963 includes

(1) Hundi
(2) Cheque
(3) Cash
(4) Both (1) and (2)

41.”Article 32 is the soul and very heart of the Constitution.”

This is opined by

(1) Mahatma Gandhi
(2) Pandit Jawaharlal Nehru
(3) Sardar Vallabhbhai Patel
(4) Dr. B.R. Ambedkar

42.’A person by reason of marriage alone cannot become a member of Scheduled Caste
or Scheduled Tribe’ is held by the Supreme Court in the following case :

(1) Meera Kanwaria vs Sunita AIR 2006 SC 597
(2) Ganesh Pawar vs State of Maharashtra AIR 2008 SC 201
(3) Ama jit Kale vs Union of India AIR 2009’SC 2123
(4) Shobhana vs State of Kerala AIR 2002 SC 1997

43.Prevention of intercaste marriage by Khap panchayat is illegal as laid down by the
Supreme Court in the following case :

(1) Gmvinder vs State of Punjab AIR 2009 SC 2012
(2) Arumugam Servai vs State of Tamil Nadu AIR 2011 SC 1859
(3) A. Suresh vs State of Tamil Nadu AIR 2010 SC 1011
(4) None of Ihe above

44.Sexual harassment at the workplace violates the Right to Life of Women, is held in
the following case :

(1) Vishaka vs State of Rajasthan AIR 1997 SC 3011
(2) Hussainara vs State of Bihar AIR 1987 SC 1819
(3) Chameli vs State of U.P. AIR 2001 SC 2023
(4) All the above

45.Right of Minority Educational Institutions is upheld in the following case :
(1) D.A.V. College vs State of U.P. AIR 2002 SC 214
(2) Balsara vs State of Bihar AIR 2005 SC 10
(3) T.M.A. Pai Foundation vs State of Karnataka AIR 2003 SC 355
(4) Danial Latifi vs State of Kerala AIR 2001 SC 1020

46.Right to Education includes Right to Safe Education is decided in the following case:

(1) State of Tamil Nadu vs Pai Foundation AIR 2008 SC 213
(2) Avinash Mehrotra vs Union of India (2009) 6 SCC 398
(3) Ajaib Singh vs State of Punjab AIR 1998 SC 21
(4) None of the above

47.It is one of the aims of the Child Protection Plan (CPP) under POCSO Rules, 2012 :

(1) To communicate to a child with a suspected person
(2) To support the child’s wider family
(3) To encourage the child for victimization
(4) None of the above

48.Provisions regarding the Lok Adalat have been made in the following law :

(1) The Legal Services Authority Act, 1987
(2) The Lok Adalat Act, 1998
(3) The Conciliation Act, 2002
(4) None of the above

49.The Patron-in-Chief of the State Legal Services Authority is

(1) The Chief Minister of State
(2) The Chief Justice of High Court
(3) The Judge of High Court
(4) The Law Minister of State

50.Legal aid is not provided in the following cases :

(1) Defamation
(2) Malicious Prosecution
(3) Contempt of Court
(4) All the above

51. In which of the following cases was it decided by the Supren~e Court that there is a
rule of concerned department that NSC could only be purchased by an individual ? If
the appellant, being an institution was not eligible to avail the scheme, then it is one
of the duties of the concerned department to advise them properly.

(1) Ashok Transport Agency vs Department of Post, U.P.
(2) Bhagwati Vanaspati Traders vs Senior Superintendent of Post oEces, Meerut
(3) Trilok Yadav vs Department of Post offices. Haryana
(4) Shree Shyamji Transport Co. vs Department of Post offices

52.The following rule was relaxed for upholding public interest litigation :

(1) Res judicata
(2) Locus standi
(3) Double jeopardy
(4) Mischief rule

53.The Protection of Children from Scxual Offences Act was made in the year

(1) 2008
(2) 2010
(3) 2012
(4) 2014

54.Which of the following names of the Act regarding child education is correct ?

(1) Right to Education Act, 2010
(2) Free and Compulsory Education Act, 2010
(3) The Right of Children to Free and Compulsory Education Act, 2009
(4) Right to Education Act, 2009

55.The Juvenile Justice (Care and Protection of Children) Amendment Act, 2011 has
made provisions regarding

(1) Enhancing punishment
(2) Court presentation
(3) Mentally ill and addicted children
(4) Decreasing the age of a child

56.Causing physical harm to Scheduled Tribe women on the allegation of practicing
witchcraft is punishable under

(1) The Protection of Civil Rights Rules
(2) The Tribal Offences Act, 1974
(3) The Scheduled Tribe Rules, 1989
(4) The SC and ST (Prevention of Atrocities) Amendment Ordinance, 2014

57.As per the Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal Act, 2013 “Aggrieved Woman” applies to a

(1) Woman of 18 years of age
(2) Woman of 21 years of age
(3) Woman of any age
(4) None of the above

58.An application for relief under Section 12 of the Protection of Women from Domestic
Violence Act, 2005 can be addressed to the

(1) Police Station
(2) Magistrate
(3) Sub-Divisional Officer
(4) All the above

59.For the protection of women, the following Section has been amended under the
Indian Penal Code recently :

(1) Section 378 A
(2) Section 96 A, B
(3) Section 354 A, B, C, D
(4) Section 154 E

60.Which of the following substances are not hazardous waste ?

(1) Rotten fruits and vegetables
(2) Corrosive substances
(3) Toxic substances
(4) All are hazardous waste

61.The word “gratification” under the Prevention of Corruption Act, 1988, is not
restricted to

(1) Pecuniary gratifications
(2) Gratifications estimable in money
(3) Both (1) and (2)
(4) None of the above

62._________means no man should be put twice in peril for the same offence.

(I) Nemo dat quad non habet
(2) Nulla poena sine lege
(3) Nemo debet bis vexari
(4) Nulla crime sine lege

63.The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex
Selection) Act, consists of a total of_______sections and_____________chapters.

(1) 30, 7
(2) 34, 8
(3) 32, 8
(4) 34,6

64.According to the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of
Sex Selection) Act, the term of office of a member, other than an ex-ofiicio member of
the State Supervisory Board shall be ________________years

(1) 2
(2) 5
(3) 4
(4) 3

65.In a landmark judgement in _________the Supreme Court has laid down
exhaustive guidelines to prevent sexual harassment of working women in places of
their work.

(1) Maneka Gandhi vs Union of India
(2) Githa Hariharan vs Reserve Bank of India
(3) Vishaka vs State of Rajasthan
(4) Subhra Chakraborty vs State of Orissa

66.Under Section 184 of the Motor Vehicles Act, in case of dangerous driving the licence can be suspended for________months.

(1) 3
(2) 6
(3) 9
(4) 12

67.Any person of 18 years of age can drive a motor vehicle in any public place, but to
drive a transport vehicle a person must not be under the age of__________years.

(1) 19
(2) 20
(3) 18
(4) 22

68.Under Section 35 of the Indian Forest Act, the___________may prohibit any forest for
pasturing of cattle.

(1) Central Government
(2) State Government
(3) Panchayat
(4) Municipality

69.Any person who knowingly counterfeits upon any tree, a mark used by the forest
officer to indicate that the tree is a property of the government, shall be punished
with imprisonment which may extend up to__________years and a fine or both under
the Indian Forest Act.

1) 2
2) 3
3) 6
4) 4

70.As per the Wildlife Protection Act, 1972, a_________means an establishment,
whether stationary or mobile, where captive animals are kept for exhibition to the
public.

(1) Sanctuary
(2) National park
(3) Zoo
(4) Garden

71.Which of the following ads is not an offence punishable under the provisions of the
PNDT Act ?

(1) Use of ultrasonography to determine the sex of the foetus.
(2) Communicating to the pregnant woman the sex of the foetus.
(3) Use of such techniques for detecting genetic or sex-linked disorder of the foetus.
(4) Compelling pregnant woman to undergo ultrasonography test to know the sex
of the child.

72. From the below mentioned persons who can be held liable under the Prevention of
Corruption Act ?

a. Treasurer of the registered society
b. Associate Professor of Pune University
c. Election Officer
d. Arbitrator

(1) Only a, h and c
(3) Only a and c
(21 Only a, b and d
(4) All the above

73.Who are not liable under the Prevention of Corruption Act ?

(1) Third party offering a bribe to the public servant.
(2) A relative of the public servant accepting a bribe on behalf of him
(3 An innocent citizen who is compelled to give a bribe and who has made a
complaint of this.
(4) A public servant accepting an expensive diwali gift to do some favour

74.Which of the following statements are true in relation to the provisions of the
Wildlife Protection Act ?

a. Hunting of wild animals is not permitted under any circunistanc.r.;
b. Killing or wounding of the wild animal is not an offence if done in good faith.
c. Any wild animal killed or wounded in defence shall be thc pr.opcrty of the
hunter.
d. Picking, collecting, or uprooting of specified plants is allowcd if it is donc by a
member of a Scheduled Tribe.

(1) Only a and c
(2) Only h and d
(3) Only a, b and d
(4) All the above

75.Which of the following statements arc true under the Specific Relief Act, 1963 ?

a. To grant specific relief is at the discretion of the Court.

b. When compensation is payable in terms of money, specific performance may
not be granted by the Court.

c. Compensation is also payable in addition to specific relief.

d. When the party is not entitled to recover compensation for breach, then it may
demand spccific performance.

(1) Only a and b
(2) Only c and d
(3) Only b, c and d
(4) None of the above

76.Who are the persons included within the definition of “Affected Family” under the
provisions of the Land Acquisition Act ?

a. Agriculture labourers working on the land.

b. Artisans who are working in the area affected for 3 years prior to the
acquisition of land.

c. Scheduled Tribes using their forest rights on that land.

d. Familics residing in an urhan area but their primary source of livehood is
affected due to the acquisition of such land

(1) Only a and c
(2) Only d
(3) None of the above
(4) All the above

77.A suit for declaration of ownership and possession of a portion of land can be filed
under Section__________for dccloration of status and right according to the
Specific Rclief Act, 1963.

1) 36
2) 34
3) 28
4) 24

78. Whoever maims any minor in order that such minor can be employed or used for the
purpose of begging shall be punishable with imprisonment for_______ and shall
also be liable to a fine. under the IPC.

(1) 6months
(2) 5 years
(3) 10 years
(4) life

79. Cancelling examination result of a student for using unfair means is which kind of
action of the administrative authority ?

(1) Judicial Aefion
(2) Quasi-Judicial Action
(3) Administrative Action
(4) Quasi-Administrative Action

80.What isfare not included under the functions of the National Human Rights
Commission ?

a. Inquire suo-motu (on its own) into matters of violation of human rights.

b. Undertake and promote research in the field of human rights.

c. Spread human rights literacy.

d. Visit any jail to study the condition therein.

(1) Only d
(2) Only a and d
(3) Only h and d
(4) All are its functions

81.A, who is B’s mukhtar, promises to exercise his influence, as such, with B in favour
of C and C promises to pay RS 1,000 to A. The agreement is void because

(1) it is fraudulent
(2) it is unlawful
(3) it is immoral
(4) it involves injury

82.In 2002, by the 86th Amendment Act, which one duty was added to the list of
fundamental duties from the following :

(1) To value and preserve the rich heritage of our culture.
(2) To uphold and protect the sovereignty and integrity of India.
(3) To educate the child or ward between the ages of 6 to 14 years.
(4) To defend the country and render national service when called upon to do so.

83.As per Article 165 of the Constitution, the Governor of a State shall appoint a person
who is qualified to be appointed as a judge of a High Court to be the________for
the State.

(1) Attorney General
(2) Major General
(3) Advocate General
(4) Secretary General

84.Under which Section of the Revention of Corruption Act, 1988, a public servant
taking gratification other than legal remuneration in respect of an official act, shall
be punishable with imprisonment and shall be liable to a fine ?

(1) Section 6
(2) Section 7
(3) Section 17
(4) Section 18

85.Which of the following mental element plays a significant part in criminal law ?

(1) Mens rea
(2) Motive
(3) Intention
(4) All the above

86.The Indian Forest Act came into existence on _________1927.

(1) 5th November
(2) 21St September
(3) 18th October
(4) 16th December

87.How many years of imprisonment is prescribed for advertisements relating to
pre-conception and pre-natal determination of sex ?

(1) 1 year
(2) 2 years
(3) 3 years
(4) 4 years

88. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex
Selection) Act, was enacted in which year ?

1) 1990
2) 1992
3) 1993
4) 1994

89. a. The Immoral Traffic (Prevention) Act, 1956 is not applicable to the State of
Jammu and Kashmir.
b. The said Act has been given referable applicability to the corresponding law of
Jammu and Kashmir.

Select the correct response.

(1) Only a is correct
(2 ) Only b is correct
(3) Both a and b are correct
(4) Both a and b are incorrect

90.Under which of the Articles of the Constitution of India, is human trafficking
prohibited ?

(1) Article 21
(2) Article 23
(3) Article 19
(4) Article 24

91.Every Judge of a High Court shall hold office, as provided in Article 224, and in any
other case, until he attains the age of________years.

1) 60
2) 62
3) 65
4) 63

92.Who amongst the following has the power to make rules for protected forests ?

(1) The State Government
(2) The Central Government
(3) The High Court
(4) The Forest Officer

93.Any person over the age of 18 years, convicted for offence committed under Section 4
of the Immoral Traffic (Prevention) Act, 1956 for living on earnings of prostitution of
a child or minor shall be punished with imprisonment for a term not less than ________years and not more than________years.

1) 3, 6
2) 5, 8
3) 7, 10
4) 9, 12

94.The Transfer of Property Act applies to which of the following transfers ?

(1) Transfer by will
(2) Transfer by succession
(3) Transfer between living persons
(4) All the above

95.For any offence committed under the Immoral Traffic (Prevention) Act, 1956, which
of the following statements is true ?

a. The offence shall be cognizable.
b. Arrest without warrant may be made only by a special officer.

(1) a is true but b is false
(2) b is true but a is false
(3) Both a and b are false
(4) Both a and b are true

96.Who is not liable for punishment under the Pre-natal Diagnostic Techniques Act for
conducting ultrasonography test to determine the sex of a foetus ?

a. Registered medical practitioner, who conducts the test.
b. Owner of the genetic laboratory where the test is conducted.
c. Husband and in-laws of the woman compelling her to go for such test.
d. The woman herself who was compelled to go for such test against her wish.

(1) Only b and d
(2) Only d
(3) Only b and c
(4) All are liable to some punishment

97.As per Section 6 of the Pre-conception and Pre-natal Diagnostic Techniques
(Prohibition of Sex Selection) Act, determination of sex is

(1) Permitted
(2) Prohibiled
(3) Promoted
(4) Propagated

98.What is the period of imprisonment as punishment for attempt or accepting
gratification by a public servant ?

(1) Not less than 2 years which may exlend to 5 years.
(2) Not less than 3 years which may extend to 7 years and also liable to a fine.
(3) Not less than 5 years which may extend to 7 years.
(4) 7 years imprisonment and a fine of Rs 25,000.

99.Which of the following words is inlelevant to the “Wildlife Protection Act” ?

(1) Trophy
(2) Taxidermy
(3) Lease
(4) Vermin

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