Nashik District Court Question paper Set 1-mahasarkar

District High Court Maharashtra recruitment 2018- mahasarkar

1. Under section 14 of the Hindu Marriage Act, no petition for divorce is to be presented within _______ of marriage.
(1) six months
(2) one year
(3) two years
(4) three years
Ans:- (2) one year
2. Where both the parties are under a mistake as to a matter of factessential to the agreement, the agreement is _________.
(1) Voidable.
(2) Illegal.
(3) Void.
(4) Valid.
Ans:- (3) Void.
3. Assertion (A) : It is the legal and constitutional duty of the State to provide free legal aid to the poor.
Reason (R): No citizen shall be denied justice by reason of his poverty.
(1) Both (A) and (R) are true and (R) is the correct explanation of (A).
(2) Both (A) and (R) are true and (R)is not a correct explanation of (A).
(3) (A) is true but (R) is false.
(4) (A) is false but (R) is true.
Ans:- (1) Both (A) and (R) are true and (R) is the correct explanation of (A
4. If sufficient cause is shown for not filing proceeding in the Court, time can be extended if____________.
(1) The delay is for preferring appeal or making application under the Code of Civil Procedure.
(2) The delay is for filing suit.
(3) The delay is for filing any execution application.
(4) All of the above.
Ans:- (1) The delay is for preferring appeal or making application under the Code of Civil Procedure.
5. According to section 21 of the Civil Procedure Code, when an objection as to the place of suing shall be taken?
(1) Any time.
(2) Can be taken for the first time at appellate or revisional stage.
(3) Before the Court of first instance at the earliest possible opportunity.
(4) None of the above.
Ans:- (3) Before the Court of first instance at the earliest possible opportunity.
6. Which of the following statements is/are true?
(1)In a criminal case when accused desires, a translation of judgment in his own language if practicable or in the language of the
Court shall be given to him.
(2) criminal Court may, if it thinks fit for some special reason, give the copy of judgment free of cost to any person affected by
the judgment.
(3) Both ‘a’ and ‘b’.
(4) None of the above.
Ans:- (3) Both ‘a’ and ‘b’.
7. Which of the following statements is/are correct?
(1)Nothing is an offence which is done by a person who is, or who by reason of mistake of fact in good faith believes himself to be, bound by law to do it.
(2)Nothing is an offence which is done by a person who is, or who by reason of mistake of law in good faith believes himself to
be, bound by law to do it.
(3) both ‘a’ and ‘b’.
(4) none of the above.
Ans:(1)Nothing is an offence which is done by a person who is, or who by reason of mistake of fact in good faith believes himself
to be, bound by law to do it.
8. How to prove a contract contained in several letters?
(1) by proving all the letters in which it is contained.
(2) it is sufficient if any one of such several letters is proved.
(3) merely by tendering all such letters before the Court.
(4) none of the above.
Ans:- (1) by proving all the letters in which it is contained.
9. Which of the followings is not a condition for a valid gift of immovable property?
(1) Registered instrument signed by or on behalf of the donor.
(2) Consideration.
(3) Attestation by at least two witnesses.
(4) Acceptance of gift by the donee during the lifetime of the donor.
Ans:- (2) Consideration.
10.Two persons are said to be related to each other by _______ when they are descended from a common ancestor but by different wives.
(1) full blood
(2) half blood
(3) uterine blood
(4) none of the above.
Ans:- (2) half blood
11. Which of the following statements is false?
(1) ‘A’, ’B’ and ’C’ jointly promise to pay ‘D’ Rs. 10,000/¬. ‘D’ may compel either ‘A’ or ‘B’ or ‘C’ to pay him Rs. 10,000/¬.
(2) ‘A’, ‘B’ and ‘C’ are under a joint promise to pay ‘D’ Rs. 10,000/¬, ‘A’ and ‘B’ being only sureties for ‘C’. ‘C’ fails to pay. ‘A’ and ‘B’ are compelled to pay the whole sum. ‘A’ and ‘B’ are entitled to
recover it from ‘C’.
(3) ‘A’, ‘B’ and ‘C’ are under a joint promise to pay ‘D’ Rs. 10,000/¬. ‘C’ is unable to pay anything and ‘A’ is compelled to pay the whole. ‘A’ is not entitled to receive Rs. 5,000/¬ from ‘B’.
(4) None of the above.
Ans:- (3) ‘A’, ‘B’ and ‘C’ are under a joint promise to pay ‘D’ Rs. 10,000/¬.
12. In the case of public nuisance, a suit under section 91 of the Code of Civil Procedure may be instituted__________.
(1) by the Attorney General.
(2) by the Government Pleader.
(3) with the leave of the Court, by two or more persons.
(4) with the leave of the Court by the Public Prosecutor.
Ans:- (3) with the leave of the Court, by two or more persons.
13. Which of the following statements is false?
(1) If the accused is not in custody, he shall be required by the Court to attend to hear the judgment pronounced.
(2)The accused shall not be required to attend personally to hear the pronouncement of judgment, if his attendance during trial
has been dispensed with and the sentence is one of fine only.
(3)Where the accused is not present in the Court when he is sentenced to imprisonment for 10 years the Court shall issue warrant of his arrest for the purposes of forwarding him to the Jail.
(4) None of the above.
Ans:- (4) None of the above.
14. The term “Movable Property” u/s. 22 of Indian Penal Code is intended to include _________.
(1) corporeal property.
(2) incorporeal property.
(3) intangible property.
(4) things attached to the earth.
Ans:- (1) corporeal property.
15. ‘A’ agrees, in writing, to sell a horse to ‘B’ for Rs. 1,000/¬ or Rs.1, 500/¬.” Which of the following statements is/are correct in reference to above illustration?
(1) Evidence can be given to show that price of Rs. 1,000/¬ was to be given. 5D
(2) Evidence can be given to show that price of Rs. 1,500/¬ was to be given.
(3) Evidence cannot be given to show which price was to be given.
(4) both ‘a’ and ‘b’.
Ans:- (3) Evidence cannot be given to show which price was to be given.
16. The pendency of a suit as contemplated under u/s. 52 of Transfer of Property Act shall be deemed to commence from the
date of presentation of the plaint and continues till ______.
(1) the suit has been disposed of by a final decree.
(2) complete satisfaction or discharge of such final decree has been obtained.
(3) execution of such decree has become unobtainable by reason of expiry of period of limitation.
(4) all the above.
Ans:- (4) all the above.
17. Section 16 of the Hindu Marriage Act, 1955 confers legitimacy on the children of ________________.
(1) a void marriage.
(2) a voidable marriage.
(3) a valid marriage.
(4) both void and voidable marriages.
Ans:- (4) both void and voidable marriages.
18. Which of the following acts will not amount to ‘fraud’ within the meaning of section 17 of the Indian Contract Act, 1872?
(1) The active concealment of a fact by one having knowledge or belief of the fact.
(2) A promise made without any intention of performing it.
(3) The suggestion, as a fact, of that which is true, by one who does believe it to be true.
(4) none of the above.
Ans:- (3) The suggestion, as a fact, of that which is true, by one who does believe it to be true.
19. A plaint was rejected under Order VII, Rule 11 of the Code of Civil Procedure, 1908, for non payment of Court fee. The remedy available to the aggrieved party is ___________.
(1) to file an appeal u/s.96 of CPC.
(2) to file an appeal u/s. 104 read with order XLIII of CPC.
(3) to file a revision petition.
(4) all the above.
Ans:- (1) to file an appeal u/s.96 of CPC.
20. If the trial of under trial accused is adjourned, the accused shall be remanded to custody for a term not exceeding________.
(1) 7 days.
(2) 15 days.
(3) one month.
(4) the next date of the hearing.
Ans:- (2) 15 days.
21. ‘A’ dies in possession of cash amount of Rs.25, 000/¬, gold ring and chain. His servant ‘B’, before the said cash, ring and chain came into possession of any person entitled to such possession, dishonestly misappropriates the same. ‘B’ has committed offence punishable______________.
(1) under section 420 of the Indian Penal Code.
(2) under section 379 of the Indian Penal Code.
(3) under section 404 of the Indian Penal Code.
(4) under section 409 of the Indian Penal Code.
Ans:-
22. Which of the following statements is/are correct?
(1) The Court shall take judicial notice of the rule of the road on land or at sea.
(2) Notice u/s. 66 of Indian Evidence Act need not be given when the document to be proved is a notice.
(3)When the original is a public document within the meaning of Section 74 of Indian Evidence Act, photocopy of said document is admissible as secondary evidence.
(4) Both ‘a’ and ‘b’.
Ans:(3)When the original is a public document within the meaning of Section 74 of Indian Evidence Act, photocopy of said
document is admissible as secondary evidence.
23.’A’ bequeaths a legacy “to Shyam, the second son of my brother Hari”. The testator has an only brother, named Hari, whose first son is named Shyam and whose second son is named Ram.
In reference to above illustration who will have the legacy?
(1) Ram
(2) Shyam
(3) Hari
(4) Ram and Shyam jointly.
Ans:- (2) Shyam
24. A marriage between two Hindus may be solemnized if_________.
(1) the bridegroom has completed the age of 21 years and the bride, the age of 18 years at the time of marriage.
(2) the bridegroom has completed the age of 18 years and the bride, the age of 21 years at the time of marriage.
(3) both bridegroom and the bride have completed the age of 21 years at the time of marriage. 7D
(4) both the bridegroom and the bride have completed the age of 18 years at the time of marriage.
Ans:- (1) the bridegroom has completed the age of 21 years and the bride, the age of 18 years at the time of marriage.
25. Where a decree has been passed against a firm, which of the following statements is/are correct in respect of execution of
such decree?
(1) execution may be granted against any person who has been individually served as a partner with a summons and has failed
to appear.
(2) execution may be granted against any person who has appeared in his own name under Rule 6 of order XXX of CPC.
(3) both ‘a’ and ‘b’.
(4) none of the above.
Ans:- (3) both ‘a’ and ‘b’.
26. Which of the following statements is/are true?
(1)Whenever a Magistrate is of opinion that the accused ought to receive a punishment different in kind from that which such Magistrate is empowered to inflict, he may submit the proceeding and forward the accused to the Chief Judicial Magistrate.
(2)When more accused than one are being tried together, and the Magistrate considers to proceed against any of such accused,
for receiving more severe punishment than he is empowered to inflict, he shall forward only such accused who is in his opinion
guilty, to the Chief Judicial Magistrate.
(3) Both ‘a’ and ‘b’.
(4) None of the above.
Ans:(1)Whenever a Magistrate is of opinion that the accused ought to receive a punishment different in kind from that which such Magistrate is empowered to inflict, he may submit the proceeding and forward the accused to the Chief Judicial Magistrate.
27. To constitute an offence of kidnapping from lawful guardianship the age of kidnapped minor must be_____________.
a. under 18 years if male or under 16 years if female.
b. under 16 years if male or under 18 years if female.
c. not more than 21 years in case of both male and female.
d. under 18 years in case of both.
Ans:- b. under 16 years if male or under 18 years if female.
28. In reference to examination of a witness, which of the following statements is incorrect?
a. The credit of a witness may be impeached by proof that he has been bribed to give evidence.
b. The Court shall forbid any question which appears to be intended to insult.
c. If a man is prosecuted for rape, where the question of consent is an issue, it may be shown that the prosecutrix was of generally
immoral character.
d. When a witness is cross examined, he may be asked any question which tend to discover who he is.
Ans:c.If a man is prosecuted for rape, where the question of consent is an issue, it may be shown that the prosecutrix was of
generally immoral character.
29. Where a dependent has a right to receive maintenance out of an estate and such estate is transferred then the right to
receive maintenance may be enforced against ________.
a. the transferee for consideration without notice of the right.
b. the transferee for consideration who has notice of the right.
c. the gratuitous transferee.
d. both ‘b’ and ‘c’.
Ans:- d. both ‘b’ and ‘c’.
30. With reference to execution proceedings, which of the following statements is/are false?
(1)The share of the judgment debtor in movable property can be attached by notice to the judgment debtor prohibiting him from
transferring the share.
b.When the negotiable instrument is not deposited in Court nor is inthe custody of a public officer, the attachment of such instrument shall be made by actual seizure and the instrument shall be brought into the Court.
c.Where the property to be attached is in the custody of public officer the attachment shall be made by notice to such officer requesting that such property may be held subject to the further orders of the Court.
d. None of the above.
Ans:- d. None of the above.
31. Which of the following statements is false?
a.Any accused before a criminal Court against whom proceedings are instituted under the Code of Criminal Procedure may of right be defended by a pleader of his choice.
b.In a trial before the Court of Session, if the accused has not sufficient means to engage a pleader, the Court shall assign a pleader for his defense at the expense of the State.
c. The Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal.
d. None of the above.
Ans:- d. None of the above.
32.’A’, on grave and sudden provocation, fires a pistol at ‘Z’, under suchcircumstances that if he thereby caused death he would be guilty of culpable homicide not amounting to murder. ‘A’ has committed an offence of _________.
a. murder.
b. attempt to murder.
c. attempt to commit culpable homicide.
d. culpable homicide not amounting to murder.
Ans:- c. attempt to commit culpable homicide.
33. What is transferred in the immovable property by mortgage?
(1) ownership.
(2) possession.
(3) interest.
(4) right.
Ans:- (3) interest.
34. Which of the following statements is incorrect? Under Order II Rule 2 of the Code of Civil Procedure___.
a. Every suit shall include the whole of the claim which the plaintiff is entitled to make in respect of the cause of action.
b. The plaintiff is entitled to relinquish any portion of his claim in order to bring the suit within the jurisdiction of any Court.
c.Where the plaintiff omits to sue in respect of any portion of his claim; afterwards he can sue in respect of the portion so omitted. d. Where the plaintiff intentionally omits any relief, he shall not, without leave of the Court, afterwards sue for such relief.
Ans: c.Where the plaintiff omits to sue in respect of any portion of his claim; afterwards he can sue in respect of the portion so
omitted.
35. Which of the following statements is/are false?
a. When a person, already undergoing a sentence of imprisonment, issentenced on a subsequent conviction to imprisonment
for life, such imprisonment for life shall commence at the expiration of the imprisonment to which he has been previously
sentenced.
b. The Court may direct that such subsequent sentence (as at ‘a’) shall run concurrently with the previous sentence.
c.When a person, already undergoing a sentence of imprisonment for life, is sentenced on subsequent conviction to imprisonment for life, the subsequent sentence shall run concurrently with such previous sentence.
d. None of the above.
Ans: – d. None of the above.
36. If ‘A’ having pawned his watch to ‘Z’, takes it out of Z’s possessionwithout his consent, not having paid what he had
borrowed on watch. ‘A’ has committed an offence of_________.
a. criminal breach of trust.
b. theft.
c. criminal misappropriation.
d. no offence.
Ans:- b. theft.
37. A suit under Section 92 of the Code of Civil Procedure is being instituted. Which of the following statements is true?
a. Suit may be instituted by the Attorney General with the previous assent of the Government.
b. Suit may be instituted by two or more persons having an interest in the Trust with the permission of the Advocate General.
c. Suit may be instituted by two or more persons having an interest in the Trust with the leave of the Court.
d. Suit may be instituted by the Advocate General but only with the leave of the Court.
Ans:- c. Suit may be instituted by two or more persons having an interest in the Trust with the leave of the Court.
38. Under section 97 of the Code of Criminal Procedure search warrant to find out a person can be issued if ___________.
a. the person is absconding.
b. the person is unlawfully confined.
c. the person is missing.
d. whereabouts of such person are not known.
Ans:- b. the person is unlawfully confined.
39. In the crime of adultery, the wife is__________.
a. punishable as a co¬accused.
b. punishable as an abettor.
c. not punishable.
d. punishable as an accomplice.
Ans:- c. not punishable.
40. Which of the following statements is/are false?
a.In mortgage suit when the possession of mortgage property is with the mortgagee, if the mortgagor during the pendency of the
suit deposit the sum due on the mortgage, which is substantially sufficient to satisfy the mortgage, the Court shall direct themortgagee to pay the mortgagor, mesne profits as may be determined, till the actual delivery of possession by the mortgagee to the mortgagor.
b.Where any property the sale of which is directed under order XXXIV of CPC is subject to prior mortgage, the Court may, with
the consent of prior mortgagee, direct that property be sold giving to such prior mortgagee, the same interest in the proceeds of
the sale as he had in the property sold.
c. Both ‘a’ and ‘b’.
d. None of the above.
Ans:- d. None of the above.
41. State which of the following statements is/are correct?
a. Agreement to commit an act which furnishes ground for civil action amounts to criminal conspiracy.
b. Agreement to commit an offence amounts to criminal conspiracy.
c. Agreement to commit an act which is prohibited by law amounts to criminal conspiracy.
d. All the above.
Ans: – d. All the above.
42. Section 311¬A of the Code of Criminal Procedure empowers the Magistrate of First Class to ______________.
a. summons material witness.
b. postpones or adjourns proceedings.
c. order person to give specimen signature.
d. visit and inspect any place in which an offence is alleged to have
Ans:- c. order person to give specimen signature.
43. Which of the following statements is/are false?
(1) Reference to the High Court can be made in pending civil case.
(2) There cannot be reference to the High Court in Criminal cases.
(3) Both ‘a’ and ‘b’.
(4) There can be a reference in execution proceeding of a decree.
Ans:- (2) There cannot be reference to the High Court in Criminal cases.
44. Compensation for accusation without reasonable cause can be awarded by the Magistrate______________.
a. under section 357(3) of the Code of Criminal Procedure.
b. under section 357¬A of the Code of Criminal Procedure.
c. under section 359 of the Code of Criminal Procedure.
d. under section 250 of the Code of Criminal Procedure.
Ans:- d. under section 250 of the Code of Criminal Procedure.
45. I. Where a decree is for payment of money, the Court may, in the decree, order interest at such rate as the Court deems reasonable to be paid on the principal sum adjudged, from the date of the suit till date of the decree.
II.Where the liability in relation to the sum so adjudged has arisen out of a commercial transaction based on contract, the Court may, while decreeing the suit, order the interest on such principal sum adjudged exceeding the contractual rate of interest.
Choose correct option in respect of above statements:
a. ‘I’ is incorrect and ‘II’ is correct.
b. ‘I’ is correct and ‘II is incorrect.
c. both are correct.
d. both are incorrect.
Ans:- b. ‘I’ is correct and ‘II is incorrect.
46. Which of the following statements is true? Power under section 311 of the Code of Criminal Procedure cannot be exercised______
a. to recall any witnesses already examined.
b. to examine any person in attendance of the Court.
c. to summon any person who has not been cited as a witness.
d. none of the above.
Ans:- d. none of the above.
47. I.The Court may direct the attachment of the whole or any portion of the property at any stage of the suit, if the Court is
satisfied, by affidavit or otherwise that the defendant is about to dispose of the whole or any part of his property with intent to
obstruct or delay the execution of any decree which may be passed against him.
II. The Court may issue a warrant to arrest any person other than defendant at any stage of the suit, if the Court is satisfied, by affidavit or otherwise that such person has absconded or left the local limits of the jurisdiction of the Court with intent to
obstruct or delay the execution of any decree which may be passed against defendant.
Choose correct option in respect of above statements:
a. ‘I’ is incorrect and ‘II’ is correct.
b. ‘I’ is correct and ‘II is incorrect.
c. both are correct.
d. both are incorrect.
Ans:- b. ‘I’ is correct and ‘II is incorrect.
48. Power u/s. 249 of Cri.P.C. to discharge the accused can be exercised if_________.
a. the offence is no cognizable or compoundable.
b. the offence is no compoundable.
c. the offence is compoundable and no cognizable.
d. the offence is cognizable and no compoundable.
Ans:- a. the offence is no cognizable or compoundable.
49. Which of the following classes of suits may be tried by summary procedure?
a. Suit, on an enactment, to recover penalty amount.
b. Suit for malicious prosecution.
c. Suit to recover a debt from defendant arising on a written contract.
d. Suit for perpetual injunction.
Ans:- c. Suit to recover a debt from defendant arising on a written contract.
50. Which of the following statements is/are true?
a.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.
b. 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.
c. When the defendant is a soldier the Court shall send the summons for service to the Ministry of Defence.
d. All the above.
Ans:- d. All the abov.

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Nashik District Court Question paper Set 1

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