1.Which of the following property is liable for attachment or salein execution of a decree?
(1) Books of account.
(2) The wages of labourers.
(3) A right to future maintenance.
(4) Bills of exchange.
Ans:- (4) Bills of exchange.
2.Which of the following can exceed the pecuniary jurisdiction of the Court?
(1) Set off.
(2) Counter claim.
(3) Both ‘a’ and ‘b’.
(4) Neither ‘a’ nor ‘b’.
Ans:- (4) Neither ‘a’ nor ‘b’.
3. The Appellate Court may admit evidence or document;
I. When the trial Court has refused to admit evidence which ought to have
been admitted.
12-A
II.If it requires any document to be produced or any witness to be
examined to enable it to pronounce judgment.
Choose correct option in respect of above statements.
(1) ‘I’ is correct and ‘II’ is incorrect.
(2) ‘I’ is incorrect and ‘II’ is correct.
(3) both are correct.
(4) both are incorrect.
Ans:- (3) both are correct.
4.State correct or incorrect.
I.The offence of dacoity can be tried by the Court within whose local
jurisdiction the accused person is found.
II. The offence of theft or robbery may be tried by the Court within whose
local jurisdiction the stolen property was found possessed by any person
committing it.
III.If an offence is committed by an Indian Citizen on the high seas or
elsewhere outside India, he may be dealt with in respect of such offence
at any place in India, where he may be found.
(1) ‘I’ correct, ‘II’ and ‘III’ are incorrect.
(2) ‘I’ incorrect, ‘II’ and ‘III’ are correct.
(3) all are incorrect.
(4) all are correct.
Ans:- (4) all are correct.
5.Period of limitation to take cognizance of an offence punishable with imprisonment for a term of seven years is _____________.
(1) three years.
(2) five years.
(3) seven years.
(4) no limitation.
Ans:- (4) no limitation.
6.If the accused though not of unsound mind, cannot be made to understand the proceedings, and if such proceedings result in conviction, the final order hasto be passed by______________.
(1) JMFC conducting trial.
(2) Chief Judicial Magistrate.
(3) Sessions Court only.
(4) High Court.
Ans:- (4) High Court.
7.Section 32 of the Indian Evidence Act is an exception to the rule of_____.
(1) confessions.
(2) hearsay.
(3) admissions.
(4) none of the above.
Ans:- (2) hearsay.
8.’X’ and ‘Y’ are brothers. With a view to save property from creditors, ‘X’
executed a sale deed of his property in favour of ‘Y’. Similarly, they also executed a deed of settlement by which ‘X’ was put in possession of the same
property for his life time.On the death of ‘X’ his a son claimed ownership of
the property on the basis of adverse possession thereby contending that the
documents executed were sham and bogus to defeat the creditors.The son of
‘X’ has claimed to be in continuous, peaceful and settled possession of the
property for more than 12 years.
I.The claim of adverse possession can be granted as the son of ‘X’ is in
continuous, peaceful and settled possession of the property for more
than 12 years.
II.In view of above facts, he is not entitled to claim the ownership on the
basis of adverse possession.
Choose correct option in respect of above statements.
(1) ‘I’ is correct and ‘II’ is incorrect.
(2) ‘I’ is incorrect and ‘II’ is correct.
(3) both are correct.
(4) both are incorrect.
Ans:- (2) ‘I’ is incorrect and ‘II’ is correct.
9.Whoever intentionally puts any person in fear of any injury to that person,orto any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed orsealed which may be converted into a valuable security, commits the offence of__________.
(1) dacoity.
(2) extortion.
(3) theft.
(4) robbery.
Ans:- (2) extortion.
10.’A’finds a valuable ring,not knowing to whom it belongs.’A’sells it immediately without attempting to discover the owner.
(1) ‘A’ has committed the offence of dishonest misappropriation of property.
(2) ‘A’ has not committed the offence under Section 403 of the Indian Penal Code.
(3) ‘A’ has committed the offence of theft.
(4) ‘A’ has committed the offence of criminal breach of trust.
Ans:- (1) ‘A’ has committed the offence of dishonest misappropriation of property.
11.’A’ becomes surety to ‘C’ for B’s conduct as a Manager in C’s bank. Afterwards,
‘B’ and ‘C’ contract, without A’s consent, that B’s salary shall be raised, and
that he shall become liable for one fourth of the losses on overdrafts.’B’ allows
a customer to overdraw, and bank loses a sum of money. ‘A’ is discharged from
suretyship by_______.
(1) release or discharge of principal debtor.
(2) variance made in terms of the contract without his consent.
(3) revocation.
(4) none of the above.
Ans:- (2) variance made in terms of the contract without his consent.
12.When two persons mutually transfer the ownership of one thing for the ownership of another, neither thing or both things being money only, the transaction under the provisions of Transfer of Property Act is called as___________.
(1) a sale.
(2) an exchange.
(3) a lease
(4) a gift.
Ans:- (2) an exchange.
13. I. When there is a reasonable apprehension to a person that a void or
voidable instrument against him, if left outstanding may cause serious
injury to him, the Court may in its discretion order the cancellation of
such instrument.
II. When an instrument consists of different rights or obligations, the Court
may cancel it in part and allow it to stand for residue.
Choose correct option in respect of above statements.
(1) ‘I’ is correct and ‘II’ is incorrect.
(2) ‘I’ is incorrect and ‘II’ is correct.
(3) both are correct.
(4) both are incorrect.
Ans:- (3) both are correct.
14. I. The suit for recovery of possession on the grounds of reasonable and
bonafide requirement of the landlord can be preferred by the Rent
Collector or the Estate Manager of the landlord.
II. When the suit is decreed on the grounds of reasonable and bonafide
requirement and the landlord relet the premises within one year of the
recovery of possession to any person other than the original tenant, the
Court may order the landlord to place the original tenant in occupation
of the premises.
Choose correct option in respect of above statements.
(1) ‘I’ is correct and ‘II’ is incorrect.
(2) ‘I’ is incorrect and ‘II’ is correct.
(3) both are correct.
(4) both are incorrect.
Ans:- (2) ‘I’ is incorrect and ‘II’ is correct.
15.In India right to education is a _________.
(1) constitutional right.
(2) statutory right.
(3) fundamental right.
(4) common law right.
Ans:- (3) fundamental right.
16.Where an electronic record, purporting or proved to be _______ years old,
is produced from proper custody, the Court may presume that the electronic
signature of any particular person was so affixed by him or any person
authorised by him in this behalf.
(1) 5
(2) 10
(3) 20
(4) 30
Ans:- (1) 5
17.I. It shall not be competent to entertain any petition for dissolution of a
marriage by a decree of divorce, unless the petition is presented after
one year of the marriage.
II. The Court may subject to the rules made by the High Court allow a
petition to be presented before the expiration of one year from the date
of the marriage on the ground of exceptional hardship to the petitioner.
Choose correct option in respect of above statements.
(1) ‘I’ is correct and ‘II’ is incorrect.
(2) ‘I’ is incorrect and ‘II’ is correct.
(3) both are correct.
(4) both are incorrect.
Ans:- (3) both are correct.
18. I. No decree against minor shall be set aside merely on the ground that the
next friend or guardian of the minor had an interest in the subject
matter of suit adverse to that of the minor.
II. Even if prejudice has caused to interest of the minor by the reason of
such an adverse interest of the next friend or guardian, it shall not be
the ground for setting aside the decree.
Choose correct option in respect of above statements.
(1) ‘I’ is correct and ‘II’ is incorrect.
(2) ‘I’ is incorrect and ‘II’ is correct.
(3) both are correct.
(4) both are incorrect.
Ans:- (1) ‘I’ is correct and ‘II’ is incorrect.
19.An order of the Court rejecting an application for review, under CPC is_______.
(1) appealable.
(2) non appealable.
(3) appealable with the leave of Appellate Court
(4) appealable if permitted by the Court which passed the order
Ans:- (2) non appealable.
20.When a suit, in which defendant raised a counter claim, is dismissed for default.
(1) Counter claim may be proceeded with.
(2) Counter claim also stands dismissed.
(3) Counter claim is to be returned for its representation as separate plaint.
(4) To continue with his counter claim, the defendant can pray for
restoration of the suit.
Ans:- (2) Counter claim also stands dismissed.
21.Compounding of an offence under the provisions of the Code in a criminal case when charge was framed, results in ________.
(1) acquittal of accused.
(2) discharge of accused.
(3) stopping of proceedings.
(4) withdrawal of proceedings.
Ans:- (1) acquittal of accused.
22.I. Under Section 249 of Cr.P.C., the Magistrate may discharge accused, if
the offence is lawfully compoundable.
II. Under Section 249 of Cr.P.C., the Magistrate may discharge accused, if
the offence is noncognizable.
Choose correct option in respect of above statements.
(1) ‘I’ is correct ‘II is incorrect.
(2) ‘I’ is incorrect ‘II is correct.
(3) both are correct.
(4) both are incorrect.
Ans:- (3) both are correct.
23. I. ‘A’ is accused of an act which may amount to theft, or receiving stolen
property, or criminal breach of trust and cheating. He may be charged
with theft, receiving stolen property, criminal breach of trust or
cheating.
II. In the above mentioned case, ‘A’ is only charged with theft. It appears
that he committed the offence of Criminal breach of trust, or that of
receiving stolen goods. He may be convicted of criminal breach of trust
or of receiving stolen goods as the case may be, though he was not
charged with such offence.
Choose correct option in respect of above statements.
(1) ‘I’ is correct ‘II is incorrect.
(2) ‘I’ is incorrect ‘II is correct.
(3) both are correct.
(3) both are incorrect.
Ans:- (3) both are correct.
24. I. The Court may, in its discretion, permit the person who calls a witness to
put any questions to him which might be put in crossexamination by
the adverse party.
II. Any writing referred to under the provisions of Section 159 and 160 of
Evidence Act must be produced and shown to the adverse party if he
requires it and such party may, if it pleases, crossexamine the witness
thereupon.
Choose correct option in respect of above statements.
(1) ‘I’ is correct ‘II is incorrect.
(2) ‘I’ is incorrect ‘II is correct.
(3) both are correct.
(4) both are incorrect.
Ans:- (3) both are correct.
25. I. A Court may presume that an accomplice is unworthy of credit, unless
he is corroborated in material particulars.
II. An accomplice shall be a competent witness against an accused person;
and a conviction is not illegal merely because it proceeds upon the
uncorroborated testimony of an accomplice.
Choose correct option in respect of above statements.
(1) ‘I’ is correct ‘II is incorrect.
(2) ‘I’ is incorrect ‘II is correct.
(3) both are correct.
(4) both are incorrect.
Ans:- (3) both are correct.
26.Which of the following is a sine qua non for the offence of house breaking?
(1) House trespass.
(2) Mischief.
(3) Hurt.
(4) None of the above.
Ans:- (1) House trespass.
27. I. If any person abets the commission of suicide,of a person, who is in a state of intoxication, may be punished with death.
II. If any person abets the commission of suicide,of a person, under 18
years of age, may be punished with life imprisonment.
Choose correct option in respect of above statements.
(1) ‘I’ is correct ‘II is incorrect.
(2) ‘I’ is incorrect ‘II is correct.
(3) both are correct.
(4) both are incorrect.
Ans:- (3) both are correct.
28.A tender is___________.
(1) an offer.
(2) an invitation to offer.
(3) a counter offer.
(4) a promise.
Ans:- (2) an invitation to offer.
29.Where mortgagor without delivering possession of mortgaged property, binds
himself personally to pay the mortgage money and agrees, expressly or
impliedly, that, in the event of his failing to pay according to his contract, the
mortgagee shall have right to cause the mortgaged property to be sold and
proceeds of sale to be applied in payment of the mortgage money, the said
mortgage is called________.
(1) mortgage by conditional sale.
(2) simple mortgage.
(3) usufructuary mortgage.
(4) English mortgage.
Ans:- (2) simple mortgage.
30. I. In a suit for perpetual injunction no relief for damages shall be granted
under Section 40 of the Specific Relief Act, unless the plaintiff has
claimed such a relief in the plaint.
II. The dismissal of a suit to prevent the breach of an obligation existing
in favour of the plaintiff shall not bar his right to sue for damages for
such breach.
Choose correct option in respect of above statements.
(1) ‘I’ is correct and ‘II’ is incorrect.
(2) ‘I’ is incorrect and ‘II’ is correct.
(3) both are correct.
(4) both are incorrect.
Ans:- (1) ‘I’ is correct and ‘II’ is incorrect.
31.Which of the following does not constitute a decree?
(1) An adjudication which conclusively determines the rights of the matters
in issue before the Court.
(2) Rejection of a plaint.
(3) Determination of any question under section 144 of the Code of Civil
Procedure.
(4) Dismissal of a suit for default.
Ans:- (4) Dismissal of a suit for default.
32. While deciding an application for amendment of pleadings, the proviso toOrder VI, Rule 17 of CPC is attracted only to_________.
a. pleadings filed after the amendment to Order VI, Rule 17 of CPC.
b. pleadings filed before the amendment to Order VI, Rule 17 of CPC.
c. pleadings irrespective of filing of the year.
d. none of the above.
Ans:- a. pleadings filed after the amendment to Order VI, Rule 17 of CPC.
33.An application for maintenance u/s 125 by mother against her son has to be
filed in any district where___________.
(1) son resides
(2) mother lastly resided with her son.
(3) mother resides.
(4) at any of the above places.
Ans:- (1) son resides
34.A tender of pardon to accomplice is applicable to;
I. any offence triable exclusively by the Court of session.
II. any offence punishable with imprisonment which may extend to five
years.
Choose correct option in respect of above statements.
(1) ‘I’ is correct ‘II is incorrect.
(2) ‘I’ is incorrect ‘II is correct.
(3) both are correct.
(4) both are incorrect.
Ans:- (1) ‘I’ is correct ‘II is incorrect.
35.If a suit is filed against District Collector without giving statutory notice as
required under Section 80 of CPC and the Court is satisfied after hearing the
plaintiff that no urgent relief is required to be granted then the Court
shall_______.
(1) reject the plaint.
(2) return the plaint.
(3) issue notice to District Collector.
(4) keep pending suit till the plaintiff makes compliance of statutory notice.
Ans:- (2) return the plaint.
36.’A’ holds ‘Z’ down and fraudulently takes Z’s money and jewels from Z’s
clothes without Z’s consent. Which offence ‘A’ has committed?
(1) Dishonest misappropriation.
(2) Robbery.
(3) Dacoity.
(4) Extortion.
Ans:- (2) Robbery.
37.Principle of ressubjudice is contained in ____________.
(1) Section 10 of CPC.
(2) Section 11 of CPC.
(3) Section 13 of CPC.
(4) Section 14 of CPC.
Ans:- (1) Section 10 of CPC.
38. I. Notwithstanding anything to the contrary contained in any other law
for the time being in force, the Court dealing with the application
under Rule 97 or 99 of Order XXI of CPC including the questions
relating to right, title or interest, shall be deemed to have jurisdiction to
decide such questions.
II. Any order made under Rule 98 of Order XXI of CPC shall have the same
force as to an appeal or otherwise as if it were a decree.
Choose correct option in respect of above statements.
(1) ‘I’ is correct and ‘II’ is incorrect.
(2) ‘I’ is incorrect and ‘II’ is correct.
(3) both are correct.
(4) both are incorrect.
Ans:- (3) both are correct.
39. I. ‘A’ is tried for causing grievous hurt and convicted. The person injured afterwards dies. ‘A’ may be tried again for culpable homicide.
II. ‘A’, ‘B’ and ‘C’ are charged and convicted by Magistrate of First Class of
robbing ‘D’. ‘A’, ‘B’ and ‘C’ may afterwards be charged with, and tried
for, dacoity on the same facts.
Choose correct option in respect of above statements.
a. ‘I’ is correct ‘II is incorrect.
b. ‘I’ is incorrect ‘II is correct.
c. both are correct.
d. both are incorrect.
Ans:- c. both are correct.
40. I. If the trial Court is satisfied that the compensation awarded u/s. 357 of
Cr.P.C. is not adequate for the rehabilitation of the victim, it can make
recommendation for compensation.
II. In case of acquittal also the trial Court may make such recommendation
for compensation.
Choose correct option in respect of above statements.
(1) ‘I’ is correct and ‘II’ is incorrect.
(2) ‘I’ is incorrect and ‘II’ is correct.
(3) both are correct.
(4) both are incorrect.
Ans:- (3) both are correct.
41. I. If, in one series of acts so connected together as to form the same
transaction, more offences than one are committed by the same person,
he may be charged and tried at one trial, for every such offence.
II. If a single act or series of acts is of such nature that it is doubtful which
of several offences the facts which can be proved will constitute, the
accused may be charged with having committed all or any of such
offences.
Choose correct option in respect of above statements.
(1) ‘I’ is correct ‘II is incorrect.
(2) ‘I’ is incorrect ‘II is correct.
(3) both are correct.
(4) both are incorrect.
Ans:- (3) both are correct.
42.Making sexually coloured remarks against women is an offence of ____.
(1) sexual harassment.
(2) voyeurism.
(3) stalking.
(4) outraging modesty of a woman.
Ans:- (1) sexual harassment.
43. I. The suit filed in representative capacity can be compromised under
Order XXIII, Rule 3 of CPC without giving notice to all persons so
interested, to whom the notice of institution of suit is given.
II. The part of the claim in a suit filed in a representative capacity can be
abandoned without giving notice to all persons having the same interest.
Choose correct option in respect of above statements.
(1) ‘I’ is correct and ‘II’ is incorrect.
(2) ‘I’ is incorrect and ‘II’ is correct.
(3) both are correct.
(4) both are incorrect.
Ans:- (4) both are incorrect.
44.A ‘garnishee’ is ______________.
(1) the judgment debtor.
(2) judgment debtor’s debtor.
(3) judgment debtor’s creditor.
(4) the banker of the judgment debtor.
Ans:- (2) judgment debtor’s debtor.
45.The aggregate punishment in cases of conviction of several offences at one trial shall not exceed__________.
(1) the amount of punishment which the Court is competent to inflict for a
single offence.
(2) twice the amount of punishment which the Court is competent to inflict
for a single offence.
(3) twice the amount of punishment which the Court has actually imposed
for the single offence in the trial .
(4) no restriction as to the aggregate punishment.
Ans:- (2) twice the amount of punishment which the Court is competent to inflict for a single offence.
46.The prosecution did not examine the witness cited in the chargesheet. The
defence examined him as a witness. During the crossexamination the
prosecutor tried to contradict the witness with his former statement under
Section 161 Cri.P.C.. The defence objected for the same. Decide?
(1) Prosecution can use the former statement to contradict him.
(2) Prosecution cannot use the former statement to contradict him.
(3) Prosecution can use the former statement to contradict him only with
the permission of the Court.
(4) none of the above.
Ans:- (2) Prosecution cannot use the former statement to contradict him.
47. I. A confession made by the accused under Section 164 of Cri.P.C. shall be
signed by the accused making such confession.
II. The confession made under Section 164(1) of Cri.P.C. may also be
recorded by audio video means in the presence of the advocate of the
accused of an offence.
Choose correct option in respect of above statements.
(1) ‘I’ is correct ‘II is incorrect.
(2) ‘I’ is incorrect ‘II is correct.
(3) both are correct.
(4) both are incorrect.
Ans:- (3) both are correct.
48.Which right has been deleted from the list of Fundamental Rights but has been retained as Constitutional Right?
(1) Equality of opportunity in matters of public employment.
(2) Right to assemble peaceably and without arms.
(3) Right to property.
(4) Right to education.
Ans:- (3) Right to property.
49.In view of Order XXII, Rule 6 of CPC, during the period between the conclusionof hearing and pronouncement of the judgment, if either party dies______.
(1) the proceeding shall abate.
(2) the proceeding shall not abate irrespective of whether the cause of
action survives or not.
(3) the proceeding shall abate if the cause of action does not survive.
(4) it shall be discretion of the Court to abate the suit or not.
Ans:- (2) the proceeding shall not abate irrespective of whether the cause of
action survives or not.
50.Execution of a decree against the Union of India shall not be issued, unless it remains unsatisfied for the period of______months, from the date of the
decree.
(1) one
(2) two
(3) three
(4) six
Ans:- (3) three