- Any person, other than owner, having the possession or control of movable property can be compelled specifically to deliver it to the person entitled to its immediate possession where;
- the defendant holds such property as the agent or trustee of the plaintiff.
- It is possible to ascertain the actual damage caused by its loss.
Choose correct option in respect of above statements:
(1) ‘I’ is incorrect and ‘II’ is correct.
(2) ‘I’ is correct and ‘II is incorrect.
(3) Both are correct.
(4) Both are incorrect.
Ans:- (2) ‘I’ is correct and ‘II is incorrect.
2.Where the mortgagor delivers possession of the mortgaged property to the mortgagee authorizing him to retain such possession until payment of the mortgage money and to receive the rents and profits accruing there from. Such a mortgage is called_____________.
(1) Usufructuary mortgage.
(2) Simple mortgage.
(3) Anomalous mortgage.
(4) English mortgage.
Ans:- (1) Usufructuary mortgage.
- In view of Sec. 126 of the Indian Evidence Act which of the following statements is incorrect.
(1) ‘A’, a client, says to B, an attorney “I have committed forgery and I wish you to defend me”. This communication is protected from disclosure.
(2) ‘A’, a client, says to ‘B’, an attorney “I wish to obtain possession of property by the use of a forged deed on which I request you to sue”. This communication is protected from disclosure.
(3)’A’, being charged with embezzlement, retains ‘B’, an attorney, to defend him. In the course of the proceedings, ‘B’ observes that an entry has been made in A’s account book, charging ‘A’ with the sum said to have been embezzled, which entry was not in the book at the commencement of his employment. As the fraud has
Been committed since the commencement of the proceedings, it is not protected from disclosure.
(4) None of the above.
Ans:- (2) ‘A’, a client, says to ‘B’, an attorney “I wish to obtain possession of property by the use of a forged deed on which I request you to sue”. This communication is protected from disclosure.
- Which of the following statements is/are correct in view of section 105 of the Indian Penal Code?
(1) The right of private defence of property against mischief continues as long as the offender continues in the commission of mischief.
(2) The right of private defence of property against housebreaking by night continues as long as the house trespass which has been begun by such housebreaking continues.
(3) Both ‘a’ and ‘b’.
(4) None of the above.
Ans:- (3) Both ‘a’ and ‘b’.
- The Chapter relating to Plea Bargaining has no application in the following offences:
(1) Offences against woman.
(2) Offences affecting socio economic condition of the country.
(3) Offences against child below age of 14 years.
(4) All the above.
Ans:- (4) All the above.
- The maxim ‘Nemo debet bis vexari pro una at eadem cause’ is the basic principle behind the rule of ____________.
(1) Res judicata.
(2) Res subjudice.
(3) Jurisdiction.
(4) None of the above.
Ans:- (1) Res judicata.
- Which of the following statements is/are false:
(1) Accident Claims Tribunal are not entitled to insist on personal presence of the applicants at the time of filing of the claim petitions.
(2)The Accident Claims Tribunal shall refuse to accept the filing of the claim petitions if the documents as provided in Rules 254 to 255 A of the Maharashtra Rules are not filed along with the claim petitions.
(3) On application made by the applicant, the Accident Claim Tribunal may issue direction to the Officer Incharge of any Police Station to furnish information directly to the Tribunal in accordance with Sub-Rule 6 of Rule 254 of the Maharashtra Rules.
(4) None of the above.
Ans:(2)The Accident Claims Tribunal shall refuse to accept the filing of the claim petitions if the documents as provided in Rules 254 to 255 A of the Maharashtra Rules are not filed along with the claim petitions.
- Which of the followings is/are ‘intermediary’, defined under section 2(w) of the Information Technology Act, 2000?
(1) FlipKart
(2) Yahoo
(3) Google
(4) All the above.
Ans:- (4) All the above.
- Which of the following statements is/are true?
In case of a heinous offence committed by a child above the age of 16 years, the Juvenile Justice Board shall conduct preliminary assessment with regard to__________.
(1) His mental and physical capacity to commit such offence.
(2) His ability to understand the consequences of the offence.
(3) The circumstance in which he allegedly committed the offence.
(4) All the above.
Ans:- (4) All the above.
- In view of section 25(3) of the Limitation Act, 1963, acquisition ofeasement by prescription over the property belonging to
the Governmentwill be absolute and indefeasible, by a continuous, open, peaceful and uninterrupted user of such easementary right for a period of__________.
(1) twelve years.
(2) twenty years.
(3) twenty five years.
(4) thirty years.
Ans:- (4) thirty years.
- Which of the following is/are the new changes under the Maharashtra Rent Control Act, 1999?
(1) Compulsory registration of tenancy agreement.
(2) Compulsory issue of the rent receipt.
(3) Legalized the receipt of premium or deposit by the landlord.
(4) All of the above.
Ans:- (4) All of the above.
- ‘A’ and ‘B’ go to a shop. ‘A’ says ‘let ‘B’ have the goods and if he does not pay I will pay’. This is a contract of_______.
(1) Guarantee.
(2) Bailment.
(3) Indemnity.
(4) Pledge.
Ans:- (1) Guarantee.
- As per Section 19 of the Hindu Succession Act, 1956, if two or more heirs succeed together to the property of an intestate, they shall take the property _______.
(1) As tenants in common.
(2) As joint tenants.
(3) Save as otherwise expressly provided in the Hindu Succession Act, as per stripes.
(4) None of the above.
Ans:- (1) As tenants in common.
- With reference to the Transfer of Property Act, which of the following statements is false?
(1) An easement can be transferred apart from the dominant heritage.
(2) A mere right to sue cannot be transferred.
(3) All interest in the property restricted in its enjoyment to the owner personally cannot be transferred by him.
(4) A right to future maintenance cannot be transferred.
Ans:- (1) An easement can be transferred apart from the dominant heritage.
- With reference to sec. 92 of the Indian Evidence Act which of the following statements is false?
(1)’A’ applies to ‘B’ for a debt due to ‘A’ by sending a receipt for the money. ‘B’ keeps the receipt and does not send the money. In a suit for the amount, ‘A’ may prove this by oral evidence.
(2) ‘A’ sells ‘B’ a horse and verbally warrants him sound. ‘A’ gives ‘B’ a paper in these words “Bought of ‘A’ a horse of Rs. 500/”. ‘B’ cannot prove the verbal warranty.
(3) ‘A’ hires lodgings of ‘B’, and gives ‘B’ a card on which is written “Rooms, Rs. 200/ a month”. ‘A’ may prove a verbal agreement that these terms were to include partial board.
(4) ‘A’ agrees absolutely in writing to pay ‘B’ Rs.10, 000/ on the first March, 2017. The fact that, at the same time, an oral agreement was made that the money should not be paid till the thirty first March cannot be proved.
Ans:- (2)’A’ sells ‘B’ a horse and verbally warrants him sound. ‘A’ gives ‘B’ a paper in these words “Bought of ‘A’ a horse of Rs. 500/”. ‘B’ cannot prove the verbal warranty.
16.’A’, an officer of a Court of justice, being ordered by that Court to arrest ‘Y’, and, after due enquiry, believing ‘Z’ to be ‘Y’, arrests ‘Z’. ‘A’ has committed________.
(1) Wrongful confinement.
(2) wrongful restraint.
(3) No offence.
(4) None of the above.
Ans:- (3) No offence.
17.As mentioned in section 300(5) of Cri.P.C., a person discharged under section _________shall not be tried again for the same offence except with the consent of the Court by which he was discharged or of any other Court to which the first mentioned Court is subordinate.
(1) 258
(2) 239
(3) 245
(4) all of the above.
Ans:- (1) 258
18.If in any suit, a party dies without any legal representative, the Court may by order appoint ____________ to represent the estate of deceased for the purposes of the suit.
(1) Administrator General
(2) Any other person as it thinks fit
(3) Both ‘a’ and ‘b’
(4) Advocate General
Ans:- 3) Both ‘a’ and ‘b’
- Which of the following is the leading judgment of the Supreme Court on the point of multiplier?
(1) Sarla Verma and ors. V/s Delhi Transport Corporation and another.
(2) National Insurance Co. Ltd. V/s. Swaran Singh and others.
(3) Rajesh and others V/s. Rajbir Singh and others.
(4) Amrut Bhanu Shali and others V/s. National Insurance Co.Ltd. And Others.
Ans:- (1) Sarla Verma and ors. V/s Delhi Transport Corporation and another.
- Which of the following statements is false?
(1) A person, without any previous conviction, is found guilty of having committed an offence punishable u/s.420 of IPC, instead of sentencing him, Court can release him after due admonition, under the Probation of Offenders Act
(2) The benefit of releasing the offender on probation of good conduct cannot be given if a person is found guilty of having committed an offence punishable with imprisonment of 10 years.
(3)While granting the benefit of Section 4 of the Probation of Offenders Act, the Court may impose additional conditions with respect to residence, abstention from intoxicants etc.
(4) None of the above.
Ans:- (2) The benefit of releasing the offender on probation of good conduct cannot be given if a person is found guilty of having committed an offence punishable with imprisonment of 10 years.
- Which of the following statements is false?
(1) The relief under section 12 of the Protection of Women from Domestic Violence Act, 2005 may include a relief for issuance of an order for payment of compensation without prejudice to the right to institute a suit for compensation caused by the acts of domestic violence.
(2)Under Section 18 of the Act, the respondent can be prohibited from causing violence to the other relatives of the aggrieved person who give the aggrieved person assistance from domestic violence.
(3) Under Section 19 of the Act, the respondent cannot be directed to remove himself from the shared household.
(4)Under Section 19 of the Act, order may be passed restraining the respondent from alienating or disposing off the shared
House hold.
Ans:- (3) Under Section 19 of the Act, the respondent cannot be directed to remove himself from the shared household.
- As per section 19 of the Indian Partnership Act, 1932, in absence of any _________ to the contrary, the implied authority of a partner, as agent of the firm, cannot be used in the circumstances mentioned in the section.
(1) contract
(2) custom of the trade
(3) usage of trade
(4) both ‘b’ and ‘c’
Ans:- (4) both ‘b’ and ‘c’
- Article 20 of the Constitution of India represents which Fundamental Right?
(1) Equality of opportunity in matters of public employment.
(2) Protection in respect of Conviction for Offences.
(3) Protection of life and personal liberty.
(4) Right against Exploitation.
Ans:- (2) Protection in respect of Conviction for Offences.
- The Maharashtra Rent Control Act,1999 shall apply to____________.
(1) any premises belonging to a local authority.
(2) premises let to the Government.
(3) any premises let to private limited company having paid up share capital up to rupees fifty lac.
(4) both ‘b’ and ‘c’.
Ans:- (4) both ‘b’ and ‘c’.
- A stipulation for increased interest from the date of default is known as_____________.
(1) damage.
(2) compensation.
(3) penalty.
(4) liquidated damages.
Ans:- (3) penalty.
- When a female Hindu dies intestate and if she has inherited the properties from her father, then the property shall devolve firstly______.
(1) upon her surviving sons and daughters.
(2) upon the heirs of her father. 20B
(3) upon her mother.
(4) upon the heirs of her husband.
Ans:- (1) upon her surviving sons and daughters.
- Which of the following statements is/are false?
(1) The plaintiff in a suit for perpetual injunction may claim damages in addition to the relief of injunction.
(2)The plaintiff in a suit for perpetual injunction cannot claim damages in substitution to the relief of injunction.
(3) No relief for damages can be granted in such a suit unless plaintiff has claimed such relief in his plaint.
(4) None of the above.
Ans:- (2)The plaintiff in a suit for perpetual injunction cannot claim damages in substitution to the relief of injunction.
- ___________ is always appurtenant to the dominant tenement and inseparably attached to it and cannot be severed from it.
(1) Customary right
(2) Easement
(3) Adverse possession
(4) None of the above
Ans:- (2) Easement
- When the immovable property is sold to a male subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation is _____________.
(1) valid.
(2) void.
(3) voidable.
(4) none of the above.
Ans:- (2) void.
- Which of the followings is not a secondary evidence?
(1) A photograph of an original.
(2) A copy compared with a copy of a letter made by copying machine, if it is shown that the copy made by the copying machine was made from the original.
(3) A copy transcribed from a copy but afterwards compared with the original.
(4) An oral account of a copy compared with the original.
Ans:- (4) An oral account of a copy compared with the original.
- Section 34 of the Indian Penal Code___________.
(1) embodies a rule of common law.
(2) is a substantive offence.
(3) does not create any substantive offence, but is only a rule of evidence and lays down the principle of joint criminal liability.
(4) provides for strict liability.
Ans:- (3) does not create any substantive offence, but is only a rule of evidence and lays down the principle of joint criminal liability.
- As per section 376 of Cri.P.C., there shall be no appeal by convicted person___________.
(1) where the High Court passes only a sentence of imprisonment for a term of one year.
(2) where a Metropolitan Magistrate passes only a sentence of imprisonment for a term of six months.
(3) where a Magistrate of First Class passes only a sentence of fine not exceeding one hundred rupees.
(4) all of the above.
Ans:- (3) where a Magistrate of First Class passes only a sentence of fine not exceeding one hundred rupees.
- In view of amended provision of Order XVA of CPC in its application to commercial disputes, which of the following statements is/are true ?
(1) The Court can fix the date on which the evidence of the witnesses of the parties is to be recorded and the date on which oral arguments are to be heard.
(2) In fixing the dates the commercial Court shall ensure that the arguments are closed not later than six months from the date of the first case management hearing.
(3) Both ‘a’ and ‘b’.
(4) None of the above.
Ans:- (3) Both ‘a’ and ‘b’.
- The liability to pay compensation u/s. 140 of Motor Vehicles Act, on the principle of no fault, in death case is ________.
(1) depending upon the income of the deceased.
(2) fixed sum of Rs.25,000/
(3) fixed sum of Rs. 50,000/
(4) depending upon the age of the deceased.
Ans:- (3) fixed sum of Rs. 50,000/
35.Cell phones, personal digital assistance or combination of both or any other device used to communicate, send or transmit any text, video, audio, or image is called _________________.
(1) Communication device.
(2) Digital devices.
(3) Computer resource.
(4) Computer network.
Ans:- (1) Communication device.
- As per Section 18 of the Juvenile Justice Act, 2015 the Juvenile Justice board can also pass order(s) to ____________.
(1) attends a vocational training centre .
(2) attends a therapeutic centre. 22B
(3) undergo deaddiction programme.
(4) all of the above.
Ans:- (4) all of the above.
- In reference to release of offender on probation u/s. 4 of the Probation of Offenders Act, 1958, state which of the following statements is false?
(1) The Court shall have regard to the circumstances of the case and nature of the offence.
(2) The Court shall have regard to the character of the offender.
(3)The Court shall direct release of offender though the offender or his surety may not have fix place of abode or regular
occupation in the jurisdiction of the Court.
(4) The Court may make a supervision order.
Ans:- (3)The Court shall direct release of offender though the offender or his surety may not have fix place of abode or regular
occupation in the jurisdiction of the Court.
- An award of a Lok Adalat, including an order recording a settlement between the parties in a ‘cheque dishonour case’ under section 138 of the Negotiable Instruments Act, is _____________.
(1) deemed to be a civil court decree.
(2) executable by a civil court.
(3) executable by a criminal court.
(4) both ‘a’ and ‘b’.
Ans:- (4) both ‘a’ and ‘b’.
39.Under the Protection of Women from Domestic Violence Act, 2005, the Court of Judicial Magistrate, First Class, shall be competent to try the offences under the Act, within the local limits of which__________.
(1) the person aggrieved temporarily resides.
(2) the respondent resides or carries on business.
(3) the cause of action has arisen.
(4) all the above.
Ans:- (4) all the above.
- Which of the following statements is false?
(1) A minor admitted to the benefits of the partnership has a right to such share of the property and of the profits of the firm, as may be agreed upon.
(2) Minor’s share is not liable for the acts of the firm.
(3) Except, severing his connection with the firm or the dissolution of the firm, minor may not sue partners for an account or payment of his share of the property or profits of the firm.
(4) None of the above.
Ans:- (2) Minor’s share is not liable for the acts of the firm.
- Whenever any tribunal, having legal authority, to determine questions affecting rights of subjects, having the duty to act judicially, acts in excess of it’s legal authority i.e. acts exceeding jurisdiction, a writ of ______________ may be issued.
(1) certiorari.
(2) mandamus.
(3) quo warranto.
(4) habeas corpus.
Ans:- (1) certiorari.
- Which of the following statements is false?
(1) A landlord shall not be entitled to recovery of possession of any premises so long as the tenant pays, or is ready and willing to pay, the amount of the standard rent and permitted increases and performs or observes the conditions of tenancy.
(2) No suit for recovery of arrears of rent shall be instituted by a landlord against the tenant until the expiration of 90 days next after notice in writing of the demand of the standard rent or permitted increases has been served upon the tenant.
(3) Pending the disposal of any suit, the Court may, out of any amount paid or tendered by the tenant, pay to the landlord such amount towards the payment of rent or permitted increases due to him as the Court thinks fit.
(4) None of the above.
Ans:- (2) No suit for recovery of arrears of rent shall be instituted by a landlord against the tenant until the expiration of 90 days next after notice in writing of the demand of the standard rent or permitted increases has been served upon the tenant.
- Bailment means_____________.
(1) the delivery of goods by one person to another to be returned by way of an equivalent in other commodities.
(2) the delivery of goods by one person to another to be returned by way of an equivalent in money.
(3) the delivery of goods by one person to another for some purpose to be returned or otherwise disposed of as per the order of the bailor.
(4) all of the above.
Ans:- (3) the delivery of goods by one person to another for some purpose to be returned or otherwise disposed of as per the order of the bailor.
- Which of the following statements is/are false?
(1) Any male Hindu may dispose of by Will his interest in a Mitakshara coparcenary property, which is capable of being disposed by him, in accordance with the provisions of law.
(2) If an intestate has left no heir qualified to succeed to his property in accordance with the provisions of Hindu Succession Act, 1956, such property shall devolve on the Government.
(3) While exercising preferential right to acquire property u/s. 22 of the Hindu Succession Act, 1956, if there are two or more heirs specified in Class I of the schedule proposing to acquire any interest under this section, the heir in the first entry shall be preferred to the heir in the second entry of the schedule.
(4) None of the above.
Ans:- (3) While exercising preferential right to acquire property u/s. 22 of the Hindu Succession Act, 1956, if there are two or more heirs specified in Class I of the schedule proposing to acquire any interest under this section, the heir in the first entry shall be preferred to the heir in the second entry of the schedule.
- When the Court may rectify instrument to express real intention of parties?
(1) If mistake is mutual.
(2) If mistake is unilateral.
(3) If mistake is of law.
(4) If mistake is in offer.
Ans:- (1) If mistake is mutual.
- By the act of creating a Charge_________.
(1) a property is made security.
(2) interest in the property is transferred.
(3) possession in the property is transferred.
(4) title in the property is transferred.
Ans:- (1) a property is made security.
- ‘A’ propounded a Will against ‘B’ in a suit. ‘A’ contended that both the attesting witnesses were dead. How the Will can be proved if ‘B’ denies the execution ?
(1) By proving that both the attesting witnesses are not alive.
(2) By proving that the attestation of one attesting witness at least is in his handwriting.
(3) By proving that the signature of the person, who purported to have executed the document, is in the handwriting of that person.
(4) All the above.
Ans:- (4) All the above.
- ‘A’ intentionally causes Z’s death, partly by illegally omitting to give ‘Z’ food, and partly by beating ‘Z’. ‘A’ has committed an offence of ______.
(1) murder.
(2) attempt to murder.
(3) culpable homicide not amounting to murder.
(4) none of the above.
Ans:- (1) murder.
- When any Court u/s 345 of Cri.P.C. has adjudged an offender to punishment for any intentional insult, the Court may u/s. 348 of Cri.P.C., in its discretion, ____.
(1) discharges the offender.
(2) remits the punishment on apology being made to its satisfaction.
(3) both ‘a’ and ‘b’.
(4) none of the above.
Ans:- (3) both ‘a’ and ‘b’.
- Which of the following statements is/are true?
(1) The Court may in alternative to the summons under Order V, Rule 9 of Civil Procedure Code, 1908, permit plaintiff to effect service of such summons on defendant and in such a case, deliver the summons to such plaintiff for service.
(2) Where defendant resides within the jurisdiction of another Court then subject to the rules framed by the High Court, the summons may be sent by electronic mail service to the Court having jurisdiction in the place where the defendant resides.
(3) When the defendant is a soldier the Court shall send the summons for service to the Ministry of Defence.
(4) All the above.
Ans:- (2) Where defendant resides within the jurisdiction of another Court then subject to the rules framed by the High Court, the summons may be sent by electronic mail service to the Court having jurisdiction in the place where the defendant resides.
