Download Bihar Judiciary Prelims Examination 2023 Solved Paper Pdf

List I

(Subject Matter)

a. Adultery decriminalised

b. Section 377 of IPC partly decriminalised 

c.Temple entry ban on a class of women held invalid Mathews

d.Right to Reputation held as Fundamental Right

List II

(Name of Judgement)

1. Navtej Singh vs Union of India

2. Indian Young Lawyers Association vs. Union of India

3. S. Nambi Narayanan vs. Siby Mathews

4. Joseph Shine vs Union of India

5. Common Cause (A Registered Society vs Union of India)

Codes 

    a b c d

(A)   4 1 2 3

(B)  2 4 5 1

(C)   4 1 5 2

(D)   5 4 3 2

5. A person is disqualified from being a member of the Parliament if he

A. is so disqualified by or under any law made by the Parliament

B. has failed to pay required taxes, revenue or statutory fee or charges to the government

C. is convicted of any offence in India

D. None of the above

6. The power of the President of India to issue an Ordinance is a/an

A. quasi-judicial power

B. judicial power

C. legislative power

D. executive power

7. The Supreme Court in I. R. Coelho vs. State of Tamil Nadu (2007) pronounced that any law that abridges or abrogates any of the Fundamental Rights, even if placed in the Ninth Schedule

A. can be tested on the basis of basic structure only if it has been placed in the Ninth Schedule on or after 24 July, 1973

B. cannot be tested unless it amends any provision constituting ' the ‘gold triangle

C. can still be tested on the basis of basic structure of the Constitution

D. can be tested on the basis of basic structure only if it has been placed in the Ninth Schedule on or after 24 April, 1973

8. The right to be forgotten has been recognised by Justice S. K. Kaul of the Supreme Court as a part of

A. Fundamental Right under Parliament Article 21 of the Constitution of India

B. Right to Privacy

C. Both (A) and (B)

D. Neither. (A) nor (B)

9. Which of the following constitutional amendments introduced the maximum limit over the total number of Ministers including the Prime Minister in the Union Council of Ministers so as not to exceed 15% of the total number of members of the House of the People?

A. The Constitution (Ninety First Amendment) Act

B. The Constitution (Ninety Sixth Amendment) Act

C. The Constitution (Eighty First Amendment) Act

D. The Constitution (Eighty Ninth Amendment) Act

10. Which of the following have been recognized as integral part of the Right to Life under Article 21 of the Constitution of India?

1. Right to Speedy Trial

2. Right to Healthy Environment

3. Right to Marriage

4. Right to go Abroad

Select the correct answer from the code given below.

A. 1, 2 and 4

B. 1,2,3 and 4

C. 1and 2

D.  2 and 4

11. According to the Supreme Court where the Parent Act incorporates the 'as if enacted' cause in regard to rules to be enacted thereunder, it would

A. result in the exclusion of judicial review

B. bestow an additional sanctity to subordinate legislation

C. Both (A) and (B)

D. Neither (A) nor (B)

12. Which of the following correctly portray the doctrine of promissory estoppel?

The doctrine was firmly established in Motilal Padampat Sugar Mills vs. State of Uttar Pradesh (1979)

A. It applies where the promisee has, acting in reliance of the promise, altered his position

B. There is no estoppel against the government in its exercise of legislative, sovereign

C. Or executive powers

D. To invoke the doctrine against the government, the petitioner need not show any detriment or damage suffered by acting on the promise

Select the correct answer from the code given below.

A. 1,2,3 and 4

B. 1, 2 and 4

C. 2 and 3

D. 1 and 3

13. The first attempt towards creation of Ombudsman system in India was made in the form of

A. the Lokpal and Lokayuktas Bill, 1968

B. the Lokpal and Lokayuktas Act, 2013

C. the Lokpal Bill, 1966

D. the Lokpal Bill, 1977

14. Where a person legally does some work for or delivers something to the government, not intending to act gratuitously, and the same is accepted, then in absence of a valid contract, such person may

A. claim restoration of any benefit derived by the government

B. compel the government to perform under the constructive contract

C. claim compensation from the government

D. not claim any compensation from the government

15. The classic case in which, for the first time, conditional legislation was upheld as valid was

A. King-Emperor vs. Benoari Lal

B. Hamdard Dawakhana vs. Union of India

C. Oueen vs. Burah

D. In re Delhi Laws Act, 1912

16. Which of the following is not an instance of procedural ultra vires of delegated legislation?

A. Prescribing limitation period for taking recourse to a tribunal

B. Consultation with affected interests

C. Laying before the Legislature

D. Previous publication

17. For adjudging validity of administrative action, consideration of legitimate expectation forms part of

A. the principle of non-arbitrariness under Article 14

B. rule of law

C. Both (A) and (B)

D. Neither (A) nor (B)

18. The jurisdiction of the High Court under Article 227 is

A. equally over Courts, tribunals and administrative bodies

B. both appellate as well as supervisory in nature

C. supervisory in nature

D. None of the above

19. An administrative action or decision may be set aside in exercise of the Court's power of judicial review on the ground of

A. mala fides

B. Extraneous grounds or no grounds at all

C. Both (A) and (B)

D. non-reliability of evidence on record

20. The principle that "compensation for violation of Fundamental Right under Article 21 can be allowed as it is a public law wrong to which doctrine of sovereign immunity does not apply" was affirmed in the case

A. M. C. Mehta vs. Union of India

B. Sebastian M. Hongray vs.Union of India

C. Nilabati Behera vs. State ofOrissa

D. All of the above

21. Freedom of conscience and free profession, practice and propagation of religion are subject to

A. public order, morality, health and other Fundamental Rights

B. security of the State, defamation or incitement to an offence

C. public order and morality only

D. sovereignty and integrity of the nation

22. "The right of reproductive, autonomy, dignity and privacy under Article 21 is also available to an unmarried woman.”

A. Sudhanshu Dhulia, Hima Kohli and M. M. Sundresh JJ

B. Dr. D. Y. Chandrachud, A. S. Bopanna and J. B. Pardiwala JJ

C. Hemant Gupta, Indira Banerjee and Surya Kant JJ

D. Indira Banerjee, Hima Kohli and Krishna Murari JJ

23. The age of a judge of the Supreme Court shall be determined by such authority as may be provided by

A. the Parliament of India

B. the National Judicial Appointment Commission

C. the Chief Justice of India

D. the President of India

24. Which one of the following is known as 'Habeas corpus' case?

A. A. D. M. Jabalpur vs. Shivkant Shukla

B. Kanu Sanyal VS.Darjeeling

C. Kesavananda Bharati vs. State of Kerala

D. Minerva Mills Ltd. vs. Union of India

25. Which one of the following is not a State under Article 12 of the Constitution?

A. Board of Control for Cricket in India

B. ONGC

C. International Airport Authority

D. LIC

26. Which Article is related to 'Promotion of Co-operative Societies'?

A. 43B

B. 48A

C. 39A

D. 43A

27. Which Article of the Constitution gives a constitutional status to the theory of precedents in respect of the law declared by the Supreme Court?

A. Article 151

B. Article 161

C. Article 131

D. Article 141

28. The doctrine of Res Judicata does not apply in case of a writ of

A. Certiorari

B. Prohibition

C. Habeas corpus

D. Mandamus

29. The Constitution of India contains

A. 11 Schedules

B. 12 Schedules

C. 8 Schedules

D. 9 Schedules

30. During the period of proclamation of emergency, the term of the Lok Sabha can be extended for a period of

A. not exceeding 2 years at a time

B. not exceeding 3 years at a time

C. not exceeding 6 months at a time

D. not exceeding 1 year at a time

31. The 'short title' of the Constitution of India is contained in

A. Article 373

B. Article 393

C. Article 1

D. Article 370

32. Who remarked, "It is logically impossible to distinguish administrative law from constitutional law and all attempts to do so are artificial”.

A. Keith

B. Maitland

C. Hood Phillips

D. Holland

33. In A. D. M. Jabalpur vs. Shivkant Shukla, it was pointed out, "Rule of Law is the antithesis of arbitrariness. It is accepted in all civilized societies. It has come to be regarded as the mark of a free society.” Above observations were made by

A. Bhagwati Justice

B. Khanna Justice

C. Beg Justice

D. Ray, Chief Justice

34. Esprit des Lois, a book containing the 'doctrine of separation of powers' written by Montesquieu, was published in the year

A.1848

B.1948

C.1648

D.1748

35. 'Henry VIlI Clause' relates to power of

A. inclusion

B. supplying of details

C. removing difficulties

D. exemptions

36. Which of the following is an incorrect statement?

A. Delegated legislation involves delegation of rule making power to executive.

B. In conditional legislation, the law does not come into force immediately.

C. Delegated legislation is open to attack on the ground of excessive delegation

D. Conditional legislation is open to attack on the ground of excessive delegation.

37. Which one of the following cases has been described or stated as Magna Carta of Natural Justice?

A. R. VS. Camborne Justices (1965)

B. R. vs. Sussex Justices (1924)

C. Ridge vs. Baldwin (1964)

D. Cooper vs. Wandsworth Board of Works (1863)

38. The judgement of A. K. Kraipak vs. of India (AIR SC 150) is related to

A. pecuniary bias

B. bias as to the subject matter

C. personal bias

D. official bias

39. Which one of the following does not relate to "Nemo debet esse judex in propria causa"?

A. Deciding authority must be impartial and without bias

B. No man should be condemned unheard

C. No man shall be a judge in his own case

D. Judges like Caesar's wife should be above suspicion

40. Mandamus does not lie against

A. State-owned Corporation

B. Ministerial Employee

C. the Central Government

D. the State Government

41. Under the Muslim law, the mother is the guardian of a minor male child till he attains the age of

A. 7 years

B. 8 years

C. 5 years

D. 6 years

42. Section 112 of the Indian Evidence Act applies to

A. irregular marriage

B. void marriage

C. valid marriage

D. None of the above

43. Gift made to a non-Muslim under the Muslim law will be

A. voidable

B. void

C. valid

D. irregular

44. Sunni sect is divided into how many schools?

A. 3

B. 4

C. 1

D. 2

45. Gift to a minor is valid if the possession is transferred to

A. brother

B. sister

C. father

D. mother

46. Which is not the modern source of the Hindu law?

A. Dharmashastra

B. Justice, equity and good conscience

C. Precedent

D. Legislation

47. A valid endowment

A. must be specific

B. must be definite

C. must be complete

D. All of the above

48. Brij Narain vs. Mangla Prasad is related to

A. partition

B. Stridhan

C. debts

D. gift

49. How many Shastric ceremonies are there in Hindu marriage?

A. 6

B. 8

C. 2

D. 4

50. The mother has the capacity to give a child in adoption if the father of the child

A. has ceased to be Hindu

B. has finally and completely agreed

C. is dead

D. Either (A) or (B) or (C)

51. According to the Davabhaga School, all the heritages are

A. unobstructed

B. obstructed

C. Either (A) or (B)

D. All of the above

52. Decree or order of separate residence and maintenance can be obtained under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 and —- of CrPC.

A. Section 124

B. Section 125

C. Section 126

D. Both (A) and (C)

53. In Vineeta Sharma vs. Rakesh Sharma, 2020 judgement of the Supreme Court, it was held that for a daughter to have the right to ancestral property, her father has to be

A. alive on the date of her birth

B. alive on the date of her marriage

C. alive on the date of amendment of the Act

D. None of the above

54. Section 30 of the Hindu Succession Act, 1956 authorizes a Hindu to dispose of, by will, his

A. self-acquired property

B. undivided in the share Mitakshara Coparcenary property

C. Both (A) and (B)

D. Only (A)

55. In which of the following judgements, the Supreme Court held that in lieu of a Hindu widow's right to maintenance and by virtue of Section 14(1) of the Hindu Succession Act, 1956, she is entitled to absolute ownership of the property she is being maintained out of?

A. Prakash and Others vs. Phulavati and Others.

B. Danamma and Others vs. Amar and Others

C. Munni Devi Alias Nathi Devi vs. Rajendra Alias Lallu Lal

D. None of the above

56. The Shariat Act came into force on

A. 7 October, 1949

B. 10 July, 1937

C. 7 October, 1937

D. 1 October, 1937

57. Find the odd one out.

A. Hanafi

B. Maliki

C. Shafi

D. Shia

58. A gift by hiba-bil-iwaz

A. can be revoked by the donor even after the delivery of hiba and after the delivery of iwaz

B. cannot be revoked at all under any circumstances

C. can be revoked by the donor before the delivery of possession of hiba

D. can be revoked by the donor even after the delivery o possession of hiba but before the delivery of iwaz.

59. What is the role of Mutawallis under the Muslim law?

A. To conduct religious ceremonies

B. To teach Islamic law

C. To collect funds for charity

D. To manage waqf properties

60. Where, there is a conflict in the application of the provision of personal law, and the Guardians and Wards Act, 1890, the later will prevail. This was held in which case?

A. Poolakkal Ayisakutty vs. Parat Abdul Samad

B. Fathima Bushra vs. State of Karnataka

C. Nasra Beaum vs. Riwan Ali

D. Hakim Masihuddin vs. Abdul Wahid

61. 'During the course of employment’ is an essential element for

A. vicarious liability

B. no fault liability

C. strict liability

D. absolute liability

62. Walker vs Great Northern Railway' is case law relating to

A. pre-natal injuries

B. inevitable accident

C. injury due to plaintiff's fault

D. contributory negligence

63. For the case of malicious prosecution, which of the following elements need to be protected?

A. Interests in property

B. Interests in reputation

C. Interests in person

D. All of the above

64. Which Chapter of the Indian Contract Act, 1872 contains provisions relating to Quasi Contracts?

A. Chapter VI

B. Charter VII

C. Chapter IV

D. Chapter V

65. A agrees to sell to B a hundred tons of oil, this agreement is

A. void

B. illegal

C. valid

D. voidable

66. Who was the Judge in famous case of Hadley vs Baxendale?

A. Peters Anderson

B. Tom Denning

C. Edward Alderson

D. Haldane

67. Who is the author of the book, The Province of the Law of Tort?

A. Salmond

B. Walton

C. Winfield

D. Lindsell

68. The maxim 'damnum fatale’ relates to

A. inevitable accident

B. iniury by fault

C. fatal injury

D. act of God

69. Which of the following is remedy for nuisance?

A. Damage

B. Injunction

C. Abatement

D. All of the above

70. Which of the following is a leading case law on ‘doctrine of impossibility'?

A. Edwards us Carter

B. Burnard us Haggis

C. Taylor us Caldwell

D. Matthews Us Baxter

71. What is the nature of damages in contracts?

A. Depending upon discretion of the court

B. Depending upon the facts of case

C. Liquified

D. Unliquified

72. Which among the following is essential for wagering agreements?

A. Mutual chances for gain or loss

B. Parties have no control over the event

C. Uncertain event

D. All of the above

73. Which Section of the Indian Contract Act, 1872 provides that an agreement in restraint of trade is void?

A. Section 27

B. Section 29

C. Section 24

D. Section 26

74. Who among the following was the Judge relating to case 'Donoghue us Stevenson'?

A. Lord Denning

B. Lord Atkinson

C. Lord Atkin

D. Lord Coke

75. No fault liability is applicable in the matters of

A. where plaintiff is at fault

B. res ipsa loquitur

C. contributory negligence

D. motor accident claims

76. If a newspaper published a defamatory article written by Mr. 'X', who can be sued?

A. Mr. X only

B. Mr. X, printer, publisher and editor

C. Publisher of that newspaper

D. Printer of the newspaper

77. What kinds of wrongs are not torts?

A. Moral

B. Religious

C. Social

D. All of the above

78. For vicarious liability, a servant is a person

A. on whom the master has command of what to do and how to do

B. on whom the master has the command of what to

C. whom the master can hire and fire

D. Both (A) and (C)

79. Injuria sine damnum means

A. damage without legal injury

B. no injury

C. legal injury without damage

D. All of the above

80. The decision in Ashby v. White furthers

A. Salmond theory

B. Winfield theory

C. Both (A) and (B)

D. Neither (A) nor (B)

81. Action for defamation can be brought by

A. an individual

B. a partnership firm

C. a company

D. Both (A) and (C)

82. Whether a man may lawfully shoot his neighbour's pigeon, if tamed they damaging the crops?

A. No

B. Depends on the circumstances

C. Yes

D. None of the above

83. Inevitable accident means

A. an act of God

B. an unexpected injury which could not have foreseen and avoided

C. an unexpected injury which could have been foreseen and avoided

D. Both (A) and (B)

84. No fault liability means

A. absolute liability even without any negligence or fault

B. freedom for liability

C. liability for damage caused through negligence

D. liability for damage caused through fault

85. Tort is a violation of

A. both right in personam and right in rem

B. neither a right in personam and nor right in rem

C. a right in personam

D. a right in rem

86. Ram saw that two horses ran away and were causing a lot of traffic inconvenience. He tried to stop the horses but got hurt in the process. Would he able to claim damages from the owner of the horses?

A. No

B. May be

C. Yes

D. None of the above

87. Which of the following legal statements is incorrect?

A. A proposal when accepted becomes a promise [Section 2(b)]

B. Every promise and every set of promise forming the consideration for each other is agreement [Section 2(e)]

C. An agreement enforceable by law is a contract [Section 2(a)]

D. All agreements are contract [Section 10]

88. Every promise and every set of a promise forming consideration for each other, are

A. offer

B. acceptance

C. contract

D. agreement

89. Any agreement the meaning of which is uncertain is

A. voidable

B. illegal

C. void

D. valid

90. An offer is revoked by

A. lapse of time

B. communication of notice of revocation

C. the death proposer or insanity of proposer

D. All of the above

91. Under the Transfer of Property Act 'attached to the earth' means

A. embedded in the earth as in the case of walls or buildings

B. attached to what is so embedded for the permanent beneficial enjoyment of that to which it is attached

C. rotted in the earth as in the case of trees and shurbs

D. All of the above

92. A transfers property to B for life and then to B's such son from her (B's) intented marriage who first attains the age of 18 years. The interest of the son in the property is

A. contingent interest

B. special interest

C. vested interest

D. None of the above

93. A gifts his whole property to B, out of which one property is under obligation for payment of debt. The donee can take nothing by the gift unless

A. he accepts it partly

B. he accepts substantially

C. he accepts nothing

D. he accepts it fully

94. In which of the following cases, the rule against perpetuity is not applicable under the Transfer of Property Act, 1882?

A. If the property is transferred for the purpose of a winery

B. If the property is transferred for building a hospital for poor

C. If the property is transferred for the benefit of lineal decedents

D. If the property is transferred for the purpose of creating a temple promoting Sati

95. Where immovable property of one person is by act of parties or operation of law made security for the payment of money of another. This transaction is known as

A. sale

B. charge

C. mortgage

D. None of the above

96. For the purpose of making a gift of immovable property transfer must be affected by

A. registered instrument signed by or on behalf of donor

B. attested by at least two witnesses

C. delivery of possession

D. Both (A) and (B)

97. Where, on a transfer of property, interest therein is created in favour of a person to take effect only on the happening of a specified uncertain event, or if a specified uncertain event shall not happen, such person thereby acquires an interest in the property. The interest is

A. contingent interest

B. an implied interest

C. vested interest

D. None of the above

98. Which of the following is not an equitable maxim?

A. Equity looks on that as done which ought to have been done

B. Equity looks to form not intent

C. Equity will not suffer a wrong to be without a remedy

D. Equity acts in personam

99. Equity will not provide any remedy to a person who

A. does not produce evidence

B. acts contrary to good faith and good conscience

C. does not pay court fees

D. All of the above

100. Which of the following Sections of the Specific Relief Act, 1963 provides that specific performance of contracts connected with trust is enforceable?

A. Section 11

B. Section 10

C. Section 12

D. None of the above

101. Which one of the following phrases or maxims is not a phrase/maxim of equity?

A. Equality is equity

B. Where equities are equal, the law shall prevail

C. Ex aequo et bono

D. Delay does not defeat equity

102. English law of equity can be applicable in India where

A. its merits are not such as to command it to universal acceptation

B. its demerits are none as not to command it to local acceptation

C. it is in a state of uncertainty

D. it is not suitable to Indian society and circumstances

103. X, a trustee for Y of a policy of insurance, has funds in hand for payment of the premium. X neglects to pay the premiums. The policy of insurance is consequently fortified. Select a correct statement arising out of this situation.

A. Y should have told X in time that the premium needs to be paid

B. Y has no remedy

C. X is not bound to compensate the loos to y

D. X is bound to compensate the loss to Y

104. Injunction cannot be granted

A. to prevent multiplicity proceedings

B. when the plaintiff has no personal interest in the matter

C. to prevent continuing breach in which the plaintiff has not acquiesced

D. when there is a breach of trust

105. A, a Muslim, an heir apparent to the property of her father B, a Muslim, received $ 10 lakh in lieu of her share in the property of B during his lifetime. After the death of B, A claims her share in B's property. The matter goes to the court. As a judge of the court having jurisdiction over the matter, select a correct decision.

A. A will not get her share in B's property unless accepted by the court

B. A will get her share in B's property because of her earlier conduct to accept Rs. 10 lakh in lieu of her share

C. A will get her share in B's property

D. A will get her share in B's property if she returns rs.10 lakh to other heirs

106. Match List-I with List--II and select the correct answer using the codes given below :

List I 

a. Ram Baran Prosad Us Ram Mohit Hazra AIR 1967 SC 744

b. Javaram Mudaliar vs AyyaSwami AIR 1973 SC 569

c. CIT Bombay us Podar Cements (1997) 5 SCC 482

d. J. P. Builders us Ramadas Rao (2011) 1 SCC 429

List II

1. Lis Pendens

2. Rule against Perpetuity

3. Marshalling

4. Doctrine of Part Performance

   Codes

   a b c d

A. 2 1 4 3

B. 4 1 3 2

C. 4 1 2 3

D. 1 2 3 4

107. The right to redeem or institute a suit for redemption of the mortgaged property is not possessed by

A. an illegitimate son of a joint Hindu family having right of maintenance from the mortgaged property

B. subsequent mortgagee

C. mortgagor

D. surety for the payment of mortgage debt

108. The principle of fiduciary relationship is incorporated in the Indian Trusts Act, 1882 in

A. Section 86

B. Section 88

C. Section 80

D. Section 83

109. X mortgaged his agricultural land to Y for a sum of Rs. 50 lakh and got the mortgage deed registered. According to the  terms of mortgage deed, the period of mortgage was for or years and also that the mortgage was entitled to get the mortgage money at any time of his choice. Such mortgage is

A. not a clog on the equity of redemption

B. English mortgage

C. mortgage as a sale

D. clog on the equity of redemption

110. Provision based on the doctrine of acceleration under the Transfer of Property Act, 1882 is

A. Section 29

B. Section 30

C. Section 27

D. Section 28

111. 'Specific goods' means

A. goods are to be identified only when buyer is making the

B. goods identified at the time when these come into existence

C. goods identified and agreed upon at the time o contract

D. goods identified and agreed when delivery is made

112. Which of the following is true as regards to delivery of goods by instalments provided under the Sale of Goods Act?

A. Delivery of goods cannot be made by instalments

B. The buyer is bound to accept the delivery by instalments only if agreed between the parties and the time of contract

C. The buyer is bound to accept the deliveries b instalments in case of perishable goods

D. The buyer is hand to accent the delivery by instalments in case sale of goods by sample

113. Which one of the following statements can be deemed to be promissory note?

A. I promise to pay A, a sum of rs. 50.000 on 1st September, 2023

B. I promise to pay a sum of rs.  50,000 fifteen days after the marriage of my son.

C. I promise to pay A, a sum of 50,000 after deducting the amount which he owes to me

D. I promise to pay A, a sum of rs. 50.000 On B's marriage provided I inherit the A’s property.

114. If the 'gift' is accepted during the life of the donor but the donor dies before registration and other formalities, the gift is

A. deemed to be accepted and therefore valid

B. invalid

C. deemed to be void

D. deemed to be voidable

115. Which one of the following statements is not valid for issuing of bonus shares?

A. The consent of the Controller of Capital Issues shall be obtained before allotment of bonus shares regardless of the amount.

B. The bonus shares shall not be issued in lieu of dividend.

C. Bonus issue must be authorised by the memorandum of the company.

D. Bonus issue must be sanctioned by shareholders in general meeting on recommendation of the Board of Directors of the company.

116. Which of the following is the implied authority of a partner?

A. Submit a dispute relating to business of the firm to arbitration

B. Open a banking account on behalf of the firm in his own name

C. Compromise or relinquish any claim or portion of claim by the firm

D. To carry on the business of the firm in the usual war

117. Which of the following statements, a seller partner of sale of goodwill after dissolution, can exercise the right?

A. He is entitled to carry on a business competing with that of buyer of goodwill and he may also advertise such business.

B. He can solicit the customers of the firm who had been dealing with the firm before dissolution.

C. He can use the name of the dissolved firm.

D. He can represent himself to be carrying on the business of the firm.

118. A draws a cheque in favour of M, a minor, M endorses the same in favour of X. The cheque is dishonoured by the bank on the grounds of inadequate funds. As per the provisions of negotiable instruments, 1881, what is the remedy with X2

A. M can proceed against A

B. No one is liable in this case

C. M is liable to X

D. X can proceed against A

119. A promissory note, bill of exchange or cheque payable to bearer is negotiable

A. by restrictive endorsement

B. By blank endorsement

C. by endorsement

D. by delivery thereof

120. While convening the meeting of the company a resolution either ordinary or special was taken by the members. In the following statements, which matter does not relate to special resolution?

A. To appoint committee of inspection in creditors voluntarily winding-up

B. To issue further shares to any person other than equity shareholders

C. To alter or add to the articles of association

D. To wind up the company voluntarily

121. Under what circumstances in the following statements, partnership Shall not be treated partnership at will?

A. When there is no provision in the partnership agreement as to its determination coming to an end of partnership

B. Where duration of partnership has been fixed but the partnership is made continue without specifying any fixed duration for the same after the expiry of the fixed period

C. When no provision is made in the partnership agreement

D. An agreement between the partners contemplates that the partnership would continue till there are two partners'

122. A warrant is a stipulation collateral to the main purpose d the contract, the breach of which gives rise to

A. claim damages

B. get the goods replaced as per original contract

C. repudiate the contract

D. reject the goods

123. In the below given statements, who would be deemed to be partner in the partnership of the firm?

A. A widow or the deceased partner enters into partnership after the death of the husband with the agreement of other partners and getting share of profits

B. A shares the profits of his business with his agent so that he (agent) takes more interest in the business.

C. A pays share of profits to the manager of his business instead of paying him fixed salary so that he takes more interest in the progress of business.

D. A pays share of profits to the money lender by way of payment towards the return of his loan and interest.

124. there there is an unconditional contract for sale of specific goods in a deliverable state, the property in the goods passes to buyer

A. when the seller offers the delivery of goods to the buyer

B. when the payment is made by the buyer

C. when the delivery of goods is taken by the buyer

D. when the contract of sale of goods is made

125. In the below given when if statements, would be treated as Inland Instruments’?

A. A promissory note, bill of exchange or cheque drawn or made in India and made payable in or drawn upon any person resident outside Indic shall be deemed to be inland instruments

B. Any promissory note, bill of exchange or cheque drawn or made outside India and made payable in or drawn upon any person resident in India, shall be deemed to be inland instrument.

C. A promissory note, bill exchange or cheque drawn or made in India and payable in or drawn upon any person resident in India, shall be deemed to be inland instrument.

D. None of the above

126. Which one of the following statements is not correct for a dormant partner?

A. A dormant partner is entitled to share the profits of the firm.

B. A dormant partner is neither active nor known to outsiders

C. A dormant partner is not interested in the business of the firm.

D. A dormant partner is not liable for the firm's liability to outsiders.

127. Under Section 275 of the Companies Act, 2013, the company liquidator shall start the winding-up process of the company. The liquidator has to exercise the powers with the sanction of the tribunal the following statements, when can the liquidator exercise the power without the sanction tribunal?

A. To do all such things as may be necessary for winding up the affairs of the company and distributing assets.

B. To appoint an advocate, attorney or pleader to assist him in performance of his duties.

C. To prove a claim in the insolvency of any contributory for any balance against his estate and receive dividend in insolvency.

D. To raise on the security of the assets of the company any money requisite

128. In which of the following cases, the transit of goods is deemed to come to an end?

A. Where the goods are in possession of the carrier or bailor on seller's behalf after the arrival of the goods at the appointed destination

B. When the carrier or bailor wrongfully refuses the delivery of goods to buyer or his agent

C. When the goods are rejected by the buyer and the carrier or agent continues to be in possession of goods

D. When the buyer or his agent in that behalf obtains the delivery of goods before their arrival at the appointed destination

129. Which of the following statements is not related to the Memorandum Association ?

A. The outsiders dealing with the company can know exactly the objects of the company and whether the contractual relations which they intend enter into with the company are within the objects of the company.

B. It states affirmatively the ambit and extent of vitality powers which by law are given to the company.

C. The prospective shareholders can know the field in which their funds are going to be used by the company and the purpose of the enterprise so that they can contemplate the risk involved in their investment.

C. It proceeds to define the duties, rights and powers of the governing body as between themselves and the company at large, the mode and form in which business of the company is to be carried on.

130. Under the Companies Act, 2013. which of the following is not 'related party' with reference to company?

A. An advocate who has rendered advice. directions or instructions to company in his professional capacity

B. An person on whose advice. directions or instructions a director manager is accustomed to act

C. A firm in which a director manager or his relative is partner

D. A private company in which a director or manager is member or director.

131. An admission is a statement which may be

A. documentary

B. electronic

C. oral

D. All of the above

132. Who may generally not testify?

A. Extreme old age

B. Disease, whether of body or mind

C. Tender years

D. All are correct

133. Admissions not conclusive proof, but may estop." The statement is

A. not sure

B. partially incorrect

C. correct

D. incorrect

134. Conditional order for removal of nuisance may be given by

A. the Sub-divisional Magistrate

B. any other Executive Magistrate specially empowered by the State Government

C. the District Magistrate

D. All of the above

135. Any offence under the Indian Penal Code (45 of 1860) may be tried by

A. the Court of Session

B. any other Court by which such offence is shown in the First Schedule to be triable

C. the High Court

D. All are correct

136. Obligation of person making arrest to inform about the arrest to

A. only his relatives

B. such other persons as may be disclosed or nominated by the arrested person

C. his friends

D. All of the above

137. Suit of a public nuisance may be instituted

A. by the Advocate-General

B. with the leave of the Court, by two or more persons

C. by any person

D. Only (A) and (B) are correct

138. When offence of defamation under the Indian Penal Code is alleged to have been committed against a person who, is the President of India, the Vice President of India, or the Governor of a State, which Court may take cognisance?

A. The Chief Judicial Magistrate

B. The Magistrate

C. The Court of Session

D. The Assistant Sessions Court

139. The Court of Small Causes is established by

A. the Central Government

B. the State Government

C. Both (A) and (B) are correct

D. None of the above

140. 'Pleading' shall mean

A. only plaint

B. only written statement

C. plaint or written statement

D. None of the above

141. The doctrine of ‘Res Gestae' speaks of the

A. relevancy of facts forming part of same transaction

B. relevancy of judgments of Court of law

C. relevancy of documentary evidence

D. relevancy of primary evidence

142. In which examination, leading question can be asked even without the permission of the Court?

A. Cross-examination

B. Re-examination

C. Examination-in-Chief

D. All of the above

143. On what ground, a second appeal shall lie to the High Court under Section 100 of the Code of Civil Procedure, 1908?

A. On disputed questions of fact

B. On substantial question of law

C. On the point of law

D. On mixed question of law and fact

144. A plaint shall be rejected

A. if proper parties are not added

B. if it does not disclose a cause of action

C. if it is filed in the wrong Court

D. None of the above

145. Under which of the following provisions of the Code of Civil Procedure 1908, an ex-parte decree may be set aside?

A. Order IX, Rule 11 and OrderIX, Rule 12

B. Order IX, Rule 7 and Order IX, Rule 13

C. Order IX, Rule 4 and Order IX Rule 5

D. Order IX, Rule 7 and Order IX, Rule 10

146. On which conditions, the Court may grant bail to accused on non-bailable offences?

A. If the accused is woman

B. If the accused is sick or infirm

C. If the accused is under the age of sixteen years

D. All of the above

147. Which is not under the control of the High Court in the following?

A. The Executive Magistrate

B. The Judicial Magistrate Second Class

C. The Sessions Court

D. The Judicial Magistrate First Class

148. The decision of the arbitral tribunal is called

A. award

B. judgement

C. decree

D. order

149. Under whose direction, the same judge of the Court of Small Causes shall be the judge of more than one such Court?

A. The State Government

B. The Central Government

C. The High Court

D. The District Court

150. Who may admit, return or reject to any plaint in the absence of the judges of the Court of Small Causes?

A. Registrar

B. Ministerial Officers

C. Both (A) and (BI

D. None of the above

Answer Key

Paper 1

1. D

2. C

3. A

4. A

5. B

6. A

7. B

8. C

9. C

10. D

11. A

12. D

13. D

14. A

15. A

16. A

17. A

18. B

19. D

20. A

21. D

22. C

23. A

24. C

25. B

26. B

27. A

28. B

29. D

30. D

31. A

32. D

33. B

34. D

35. C

36. D

37. D

38. B

39. A

40. B

41. D

42. D

43. A

44. C

45. B

46. D

47. B

48. D

49. D

50. C

51. C

52. A

53. D

54. C

55. B

56. C

57. D

58. B

59. A

60. A

61. D

62. C

63. B

64. C

65. D

66. A

67. C

68. B

69. A

70. D

71. A

72. C

73. A

74. C

75. D

76. D

77. C

78. D

79. B

80. C

81. B

82. D

83. D

84. C

85. D

86. D

87. A

88. D

89. A

90. B

91. D

92. A

93. A

94. B

95. B

96. C

97. C

98. A

99. No option correct

100. C

Paper 2

1. A

2. B

3. C

4. A

5. A

6. C

7. D

8. C

9. A

10. B

11. D

12. D

13. A

14. C

15. C

16. A

17. D

18. C

19. C

20. D

21. A

22. B

23. A

24. A

25. A

26. A

27. D

28. C

29. B

30. D

31. B

32. A

33. B

34. B

35. C

36. D

37. C

38. C

39. B

40. B

41. A

42. C

43. C

44. B

45. C

46. A

47. D

48. C

49. D

50. D

51. B

52. B

53. D

54. C

55. C

56. C

57. D

58. B

59. D

60. A

61. A

62. A

63. D

64. D

65. A

66. C

67. C

68. A

69. D

70. C

71. C

72. D

73. A

74. C

75. D

76. C

77. D

78. D

79. C

80. B

81. D

82. C

83. B

84. A

85. D

86. C

87. C

88. D

89. C

90. D

91. D

92. A

93. D

94. B

95. B

96. D

97. A

98. B

99. B

100. A

101. D

102. B

103. D

104. B

105. DELETED

106. A

107. A

108. B

109. A

110. C

111. C

112. B

113. A

114. A

115. B

116. D

117. A

118. D

119. D

120. C

121. D

122. A

123. A

124. D

125. C

126. D

127. A

128. D

129. D

130. A

131. D

132. D

133. C

134. D

135. D

136. D

137. D

138. C

139. B

140. C

141. A

142. A

143. B

144. B

145. B

146. D

147. A

148. A

149. A

150. A

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