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HARYANA JUDICIAL SERVICE EXAMINATION - 2024 | PRELIMS PAPER

1. Illegal payment in connection with elections is dealt under:

A) Section 169 H of IPC

B) Section 170 H of IPC

C) Section 171 H of IPC

D) Section 172 H of IPC

2. What should be the age of a minor to constitute the offence of kidnapping?

A) 16 years for both male and female

B) 18 years for both male and female

C) Below 16 years in case of male and below 18 years in case of female

D) Below 18 years in case of male and below 21 years in case of female

3. In criminal trial, generally the burden of proof lies on:

A) Accused

B) Prosecution

C) Defence Lawyer

D) The Court

4. The power of Magistrate to order person to give specimen signatures or handwriting has been dealt under:

A) Section 310A Cr. P.C.

B) Section 311A Cr.P.C.

C) Section 312A Cr.P.C.

D) Section 313A Cr.P.C.

5. Chief Judicial Magistrate has power to impose imprisonment up to:

A) 7 years or/and fine

B) 3 years or/and fine

C) 10 years or/and fine

D) Life imprisonment

6. Section 87 of Cr.P.C. authorizes issuance of warrant:

A) in lieu of summons

B) in addition to summons

C) both A) and B)

D) none of the above

7. Under Section 107 of the Criminal Procedure Code, in what circumstances can an Executive Magistrate require a person to execute a bond for keeping the peace?

A) Only when a breach of the peace has already occurred

B) Only when the person has a criminal record

C) When the Executive Magistrate receives information that such person is likely to commit a breach of the peace or disturb public tranquility, and there is sufficient ground for proceeding

D) When there is a request from the local police

8. What is the time limit for sending a woman alleged to be a victim of rape for medical examination, as per Section 164(1) of Cr.P.C.?

A) 24 hours

B) 12 hours

C) 48 hours

D) 72 hours

9. According to Section 172(2) of Criminal Procedure Code, for what purpose can any Criminal Court use the police diaries in a case under inquiry or trial?

A) As primary evidence

B) As evidence against the accused

C) Not as evidence in the case but to aid in inquiry or trial

D) To replace the statements of witnesses

10. Who amongst the following cannot give an order to disperse an assembly by use of civil force?

A) Executive Magistrate

B) Officer in charge of the police station

C) Judicial Magistrate First Class

D) Sub-inspector Rank officer

11. Inquiry is conducted by a magistrate with a view to:

A) find out a prima facie case

B) convict the accused

C) authorize remand of the accused

D) release the accused under Section 436 Cr.P.C

12. Which out of the following Sections of Cr.P.C. is related to juveniles jurisdiction?

A) Section 25

B) Section 26

C) Section 27

D) Section 28

13. The offence of theft under Section 378 of the IPC can be committed of:

A) Immovable property

B) Only movable property

C) Both movable and immovable property

D) None of the above

14. Under Section 45 of IPC, 'life' denotes:

A) life of a human being

B) life of an animal

C) life of human being and of an animal both

D) life of either human being or animal

15. "A" gave poisoned food to "B" with the intention to kill him. "B" ate one spoonful of the poisoned food and kept it aside. "C" who was sitting there, picked up the poisoned food and ate it. "C" died. Here "A" would be guilty of:

A) Culpable homicide not amounting to murder

B) Offence of murder of "C"

C) Here "A" is not guilty of murder as he never intended to kill "C"

D) Causing grievous hurt

16. False statement, rumour etc., circulated with intent to cause mutiny or offence against the public peace is dealt under:

A) Section 505 of IPC

B) Section 300 of IPC

C) Section 299 of IPC

D) Section 351 of IPC

17. To constitute criminal conspiracy under Section 120A of the IPC, the minimum number of persons required is:

A) one

B) five

C) two

D) no minimum requirement

18. The right of private defence of property is not available against the offence of:

A) Criminal trespass

B) Mischief

C) Theft

D) Criminal misappropriation

19. Who amongst the following can take a plea of ignorance of Indian Law?

A) Indian citizens

B) Foreigners

C) Non-Resident Indian

D) None of the above

20. In a bustling market, two boys, 'Q' and 'T' engaged in a heated argument that quickly escalated into a physical altercation. In the midst of the confrontation, 'Q', without any premeditation, pulled out a concealed blade and inflicted a deep cut on the face of 'T', resulting in a permanent scar on T's cheek. What offence is 'Q' guilty of?

A) Simple hurt

B) Simple hurt by rash or negligent act

C) Grievous hurt by rash or negligent act

D) Grievous hurt

21. The landmark case of State of Andhra Pradesh v. Rayavarpu Punnayya AIR 1977 SC 45 is significant in the context of Indian Penal Code, 1860. It specifically addresses the distinction between which Sections of the IPC?

A) Sections 299 and 300

B) Sections 304A and 304B

C) Sections 305 and 306

D) Sections 501 and 502

22. Riya, a skilled artist, decided to test her abilities by creating exact replicas of high-value currency notes using advanced printing technology. Unknown to her, these notes closely resembled genuine currency. After attempting to use these forged notes at a local store, Riya was apprehended by the police.

Which offence is Riya likely to be charged with under the Indian Penal Code?

A) Forgery

B) Cheating

C) Counterfeiting

D) Criminal Conspiracy

23. Legal aid to accused at State expenses is dealt with under:

A) 304 Cr.P.C.

B) 306 Cr.P.C.

C) 310 Cr.P.C.

D) 312 Cr.P.C.

24. Which Section of IPC was struck down by the Supreme Court in Joseph Shine v. Union of India (2019) 3 SCC 39?

A) Section 497 IPC

B) Section 377 IPC

C) Section 124A IPC

D) None of the above

25. What are the two components of crime?

A) De jure and de facto

B) Fraud and mistake

C) Mens rea and actus reus

D) All of the above

26. In which case, was it held that the identity of a victim relating to sexual offences, is not to be disclosed in a judgment/order to be passed by a Court?

A) Amrit Singh v. State of Punjab AIR 2007 SC 132

B) Shashi Kant v. State of Uttaranchal AIR 2007 SC 363

C) Dinesh v. State of Rajasthan AIR 2006 SC 1267

D) Lalita Kumari v. State of UP AIR 2012 SC 1515

27. Who can frame the 'Charge' under the Cr.P.C.?

A) Court

B) Public Prosecutor

C) Police Officer

D) Either A) or B)

28. Germany beat Belgium to win the Men's Hockey World Cup 2023. In which city was this final match organised?

A) Bhubaneswar

B) Lahore

C) Paris

D) Dhaka

29. Where was the 28th Annual United Nations Climate Meeting/Conference of the Parties i.e. COP28 held?

A) London

B) Dubai

C) New Delhi

D) Tokyo

30. Which out of the following countries has approached the International Court of Justice for genocide against Palestinians during the Gaza conflict?

A) State of Palestine

B) United States

C) Japan

D) South Africa

31. Which out of the following countries grounded a chartered plane with 300 Indians over suspicion of human trafficking?

A) Nicaragua

C) France

B) India

D) United States

32. Which out of the following countries has asked India to withdraw its troops from its territory by 15 March 2024?

A) China

B) Maldives

C) Bhutan

D) Sri Lanka

33. Which out of the following movies from India won Oscar for Best Documentary in the 95th Academy Awards held at Los Angeles?

A) RAR

B) The Elephant Whisperers

C) All that Breathes

D) Lagaan

34. In October 2021, the CEO of Facebook, Inc. announced the name change of the company to

A) Threads

B) X

C) Meta

D) Twitter

35. Which out of the following titles was renounced by Harry, the younger son of King Charles III and Diana, Princess of Wales, in August 2023?

A) His Royal Highness

B) Prince

C) Duke of Sussex

D) Duke of Edinburgh

36. The old Parliament Building of India will now be known as:

A) Puratan Sadan

B) Samvidhan Sadan

C) Sansad Bhavan

D) Central Vista

37. Which out of the following cases is not related with LGBTQ+ Rights or Same Sex Marriage?

A) Nabam Rebia Case (2016)

B) K. S. Puttaswamy Case (2017)

C) Navjet Singh Johar Case (2018)

D) Shafin Jahan vs Ashokan K. M. Case (2018)

38. What is the name of indigenously built in-service missile corvette which India gifted to Vietnam?

A) INS Khanjar

B) INS Kirpan

C) INS Kora

D) INS Kirch

39. Formation of Supreme Court of India was based on the provisions of which out of the following Act?

A) Regulating Act, 1773

B) Charter Act, 1833

C) Regulating Act, 1758

D) Indian High Courts Act, 1861

40. From where the provisions for suspension of Fundamental Rights during emergency in the Indian Constitution have taken:

A) Ireland

B) Germany

C) Russia

D) South Africa

41. How is the Sarda Act better known as?

A) Child Labour Prohibition Act

B) Age of Consent Act

C) The Widow Remarriage Act

D) Child Marriage Restraint Act

42. Constitution Day is celebrated in India on:

A) August 15

B) January 26

C) July 4

D) November 26

43. In which year did the NITI Ayog replace the Planning Commission?

A) 2013

B) 2014

C) 2011

D) 2015

44. Area of Andaman and Nicobar Islands falls under the jurisdiction of which High Court of India?

A) Kerala High Court

B) Madras High Court

C) Orissa High Court

D) Calcutta High Court

45. Which out of these institutions was the East India Company's earliest legal institution set up in India in 1726?

A) The Circuit Courts

B) The Supreme Court of Calcutta

C) The Mayor's Court

D) The Federal Courts

46. How many schedules were there in the Constitution at the time of its adoption?

A) 12

B) 10

C) 9

D) 8

47. The Right to Property was eliminated from the list of Fundamental Rights by which one of the following Constitutional Amendments?

A) 44th Amendment

B) 615th Amendment

C) 42nd Amendment

D) 73rd Amendment

48. Article 352 of the Indian Constitution deals with:

A) Financial Emergency

B) State Emergency

C) National Emergency

D) Union's Duty to Protect States

49. On which day did the President of the Constituent Assembly of India make a statement in the House declaring Jana Gana Mana as the National Anthem of India?

A) August 14, 1947

B) August 15, 1947

C) November 26, 1949

D) January 24, 1950

50. Who was the Prime Minister of Britain when India attained its independence?

A) Winston Churchill

B) Benjamin Disraeli

C) Clement Attlee

D) John Simon

51. In which House of Parliament does the Attorney-General for India has the right to speak, as well as participate in its proceedings?

A) Council of States

B) House of the People

C) Both Houses of Parliament

D) None of the above

52. Identify the first Indian to be appointed as a permanent judge at the International Court of Justice at Hague:

A) Nagendra Singh

B) Justice Dalvir Bhandari

C) Benegal Narsing Rau

D) Justice P.N. Bhagvati

53. Where a plaintiff is unaware of the fraud perpetuated upon him, from which date would the period of limitation begin?

A) It does not affect the limitation period

B) Limitation period will begin from the date of knowledge qua the fraud

C) It shortens the limitation period

D) It invalidates the lawsuit

54. From which date would the period of limitation begin in respect of a suit for specific performance of a Contract?

A) The date fixed for its performance

B) If no date is fixed, when the plaintiff has notice that performance is refused

C) Both A) and B)

D) None of the above

55. Section 14 of the Limitation Act, 1963 deals with:

A) Extension of prescribed period

B) Exclusion of time of proceeding bonafide in Court without jurisdiction

C) Both A) and B)

D) None of the above

56. Who amongst the following females does not have the capacity to individually adopt under the Hindu Adoptions and Maintenance Act, 1956?

A) A married female

B) An unmarried female

C) A widow

D) A divorcee

57. What is the effect of decree of judicial separation under the Hindu Marriage Act, 1955?

A) Dissolves the marriage

B) Doesn't dissolve the marriage and the marriage subsists

C) Merely suspends cohabitation

D) Both B) and C)

58. A court can________an order under Section 25 of the Hindu Marriage Act, 1955.

A) Modify

B) Vary

C) Rescind

D) All of the above

59. An adoption validly made under the provisions of the Hindu Adoptions and Maintenance Act, 1956 can be cancelled by:

A) The adopter

B) The natural parents

C) Both A) and B)

D) Neither A) nor B)

60. When two persons are the descendants of a common ancestor but by different wives, they are said to be related to each other by

A) half blood

C) uterine blood

B) full blood

D) either B) or C)

61. Section 18 of the Hindu Marriage Act, 1955 prescribes punishment for:

A) child marriage

B) marriage between sapindas

C) marriage between persons falling within the degrees of prohibited relationship

D) all of the above

62. Which Section of the Hindu Minority and Guardianship Act, 1956 prohibits a minor to act as a guardian of the property of any minor?

A) Section 11

B) Section 12

C) Section 13

D) None of the above

63. Which out of the following Sections of the Hindu Succession Act, 1956 mentions about the order of succession among heirs in the schedule?

A) Section 6

B) Section 8

C) Section 7

D) Section 12

64. What is the effect of impotency developed during subsistence of a Hindu marriage?

A) The marriage would remain valid

B) The marriage would be void

C) The marriage would be voidable

D) The marriage shall stand annulled

65. Maintenance pendente lite under Hindu Marriage Act, 1955 may be granted by the court

A) Only to the wife

B) Only to the husband

C) Only to the children

D) To either wife or husband

66. 'A' married in the year 1947 in accordance with Hindu religious rites and ceremonies. Can he file a petition for judicial separation now?

A) Hindu Marriage Act came into force in 1955, so petition is not maintainable

B) Petition is not maintainable as their marriage has been in subsistence for more than 25 years

C) Petition is maintainable as it is immaterial, whether the marriage was solemnized before or after the commencement of the Act

D) Petition is not maintainable at all

67. When a marriage has been dissolved by a decree of divorce under Hindu Marriage Act, 1955, and no appeal has been preferred, the divorced persons may marry again:

A) After expiry of 1 month from the decree of divorce

B) Immediately after passing of the decree of divorce

C) After expiry of 2 months from the decree of divorce

D) After expiry of 90 days from the decree of divorce

68. As per Hindu Marriage Act, 1955 sapinda relationship extends to:

A) The third generation (inclusive) in the line of ascent through the mother, and the fifth (inclusive) in the line of ascent through father

B) The third generation (exclusive) in the line of ascent through the mother and the fifth (inclusive) in the line of ascent through father

C) The five generations in the line of ascent through the mother and seven in the line of ascent through father

D) All blood relatives related through male blood relatives

69. What is the position of a nominee under the Hindu Succession Act, 1956?

A) Nominee retains the amount or property received under nomination and is thus entitled to it

B) Nominee is entitled to receive the amount or property but holds it as a trustee

C) A nominee is equivalent to the heir or legatee with regard to the property or amount under nomination

D) None of the above

70. Under the Hindu Succession Act, 1956 when a Hindu woman dies intestate, her property will be inherited firstly by her:

A) Father

B) Mother

C) Brother

D) Husband, son and daughter

71. The mother of an illegitimate child has the power to give that child in adoption:

A) Only with the consent of the putative father

B) Without the consent of the putative father

C) With the prior permission of the court

D) Without the consent of the putative father but with the prior permission of the Juvenile Justice Board

72. The 'Dissolution of Muslim Marriages Act, 1939' is based on the following school of Muslim Law:

A) Hanafi School

B) Shafi School

C) Maliki School

D) Zaidi School

73. In which of the following cases, a firm is compulsorily dissolved?

A) By the happening of any event which makes it unlawful for the business of the firm to be carried on

B) By the death of a partner

C) By the adjudication of a partner as an insolvent

D) All of the above

74. The provisions of Haryana Urban (Control of Rent and Eviction) Act, 1973 are applicable to the land given on lease for:

A) Residential purpose

B) Business or trade purpose

C) Both A) and B)

D) None of the above

75. As per Section 24 of the Punjab Courts Act, 1918, who presides over the Principal Civil Court?

A) Civil Judge (Senior Division)

B) District Magistrate

C) District Judge

D) District Collector

76. Can a tenant who sublets a building or rented land be considered a landlord under the Act, 1973?

A) No, only the primary property owner qualifies as a landlord

B) Yes, a tenant who sublets is considered a landlord for the sub tenant

C) Only if the tenant has the explicit consent of the original landlord

D) Only if the tenant has ownership rights in the property

77. According to Section 11 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, when can a person convert a residential building into a non-residential building?

A) Only if the building is vacant

B) Only with the permission in writing of the Controller

C) Without any restrictions or permissions

D) If the conversion is for personal use only

78. Which of the following decisions is a decree under Section 2(2) of CPC?

A) Return of plaint for presentation to proper court

B) Dismissal of suit under Order 23 Rule 1

C) Order directing assessment of mesne profits

D) Order of rejection of plaint for non-payment of court fees

79. Under the legal principle of coram non judice choose the most accurate

A) Coram non judice applies only to criminal cases

B) It signifies that the court is actively exercising its jurisdiction despite procedural irregularities

C) Coram non judice is applicable only when there is a unanimous agreement among the parties regarding the court's jurisdiction

D) It denotes that the court is acting without jurisdiction, rendering any decree or judgment issued, as null and void

80. A suit may be defeated under Order I Rule 9 of CPC due to:

A) Non-joinder of a proper party/ parties

B) Mis-joinder of a necessary party/ parties

C) Non-joinder of a necessary party/ parties

D) Mis-joinder of a proper party/parties

81. If a person of unsound mind wishes to abandon a part of the claim, what would be the correct procedure to be followed?

A) He can personally/through his Advocate, file an application

B) Affidavit of the next friend and with leave of the court

C) Certificate of the pleader that the abandonment is for the benefit of the person of unsound mind

D) Both B) and C)

82. Under Order VII Rule 11(d) CPC, which of the following situations does not fall within the ambit of "barred by law"?

A) Order Il Rule 2 and Res Judicata

B) Jurisdiction

C) Limitation

D) All of the above

83. A defendant to a suit against whom no relief is claimed is called:

A) Co-defendant

B) Proforma defendant

C) Interveners

D) None of the above

84. The Code of Civil Procedure (Amendment) Act, 1999 as well as the Amendment Act, 2002 were held constitutionally valid in the case of:

A) State of Punjab v. Sivaram (2012) 5 SCR 895

B) State of U.P. v. Chandra Bhushan (1980) 1 SCC 198

C) Anil Rai v. State of Bihar 2001 (7) SCC 318

D) Salem Advocate Bar Association v. UOL AIR 2005 SC 3353

85. Order 1 Rule 10 of CPC deals with:

A) Substitution of parties

B) Addition of parties

C) Striking out of parties

D) All of the above

86. The CPC extends to the:

A) Whole of India

B) Whole of India except the State of Jammu and Kashmir

C) Whole of India except the State of Nagaland and the tribal areas

D) Both B) and C)

87. The expression 'Cause of action' denotes:

A) A bundle of essential facts necessary for the plaintiff to prove

B) An important subject of litigation

C) A point in question

D) All of the above

88. The contract was entered into between ‘A' and 'B' in Hyderabad; performance occurred in Pune, and the breach of contract took place in Nagpur. The plaintiff 'A resides in Delhi, wishes to file a suit for damages against 'B'. who resides in Pune. In which of the following courts, 'A' cannot file the suit?

A) Hyderabad District Court

B) Nagpur District Court

C) Delhi District Court

D) Pune District Court

89. In a suit for breach of contract, plaintiff did not appear on the date fixed for appearance however, defendant appeared, hence the court dismissed the suit in default. An application for setting aside the order of dismissal was filed by plaintiff which was rejected by the court. What remedy is available to the plaintiff against such rejection?

A) Plaintiff can file an appeal against the order rejecting the application

B) Plaintiff cannot file an appeal but only a revision

C) Plaintiff can file both appeal and revision against the decision of the court

D) Plaintiff can file a fresh suit against the defendant

90. Which of the following statements relating to CPC is incorrect?

A) The Code deals with procedures relating to Courts of Civil Judicature

B) The Code deals with some substantive rights

C) The Code is also a penal enactment dealing with punishments and penalties

D) None of the above is incorrect

91. According to Section 2(9) of the Civil Procedure Code, 1908, the term "judgment" encompasses:

A) Only decrees of appellate courts and not trial courts

B) Strictly decisions related to declaratory relief in civil suits

C) The statement given by the judge on the grounds of a decree or order

D) Solely the operative part of the court’s decision

92. Regarding the doctrine of "forum non conveniens", select the most accurate statement:

A) "Forum non conveniens" is solely based on the convenience of the plaintiff, allowing him to choose any forum he prefers

B) The doctrine allows a court to refuse to exercise jurisdiction if a more appropriate forum is available to safeguard the interests and the convenience of the parties

C) It applies only to civil disputes, irrespective of the nature or complexity of such dispute

D) "Forum non conveniens" is an absolute bar to the exercise of jurisdiction, and no other factor can be considered qua the said issue

93. Which out of the following Sections of the CPC relates to the power of restitution of the Civil Court?

A) Section 148

B) Section 96

C) Section 144

D) Section 146

94. Where any property is ordered to be sold by public auction in execution of a decree, which of the following is false regarding the proclamation of the intended sale?

A) Such proclamation can be drawn up without giving notice to the decree-holder and the judgment-debtor

B) Such proclamation shall state the time and place of sale

C) Such proclamation shall specify any encumbrance to which the property is liable

D) Such proclamation shall state whether the property to be sold would be sufficient to satisfy the decree

95. "A" is charged with travelling in a train without a ticket:

A) The burden of proving that he did not have the ticket is on the prosecution

B) The burden of proving that he did not have the ticket is on the party who asserts it

C) The burden of proof is on railway authorities

D) The burden of proving that he had a ticket is on him

96. The presumption of death under Section 108 of the Indian Evidence Act, 1872, the person is shown to be not heard for a period of:

A) 3 years

B) 7 years

C) 12 years

D) 30 years

97. Evidentiary value of the report of the handwriting expert is:

A) Conclusive

B) Opinion subject to acceptance by court

C) Nil, since irrelevant

D) None of the above

98. If a document is required by law to be attested, it shall not be used as evidence:

A) Until both the attesting witnesses have been examined to prove its execution

B) At least one attesting witness has been examined to prove its execution

C) Even if none of the attesting witness is examined

D) None of the above

99. A co-defendant in a case

A) Cannot be cross-examined by another co-defendant under any circumstances

B) Can be cross-examined by another co-defendant

C) Can be cross-examined by another co-defendant when their interests are adverse to each other

D) None of the above

100. The burden of proof as to ownership under the Indian Evidence Act. 1872 lies on:

A) The owner

B) The tenant

C) The person who asserts it

D) All of the above

101. "When one has, by his declaration, act or omission, intentionally caused or permitted another person to believe a thing to be true and made the other person to act upon such belief, then neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person or his representative, to deny the same."

In the law of evidence this statement of law is known as the principle of:

A) Acquiescence

B) Res gestae

C) Estoppel

D) Conclusive proof

102. Further examination, after the cross-examination of a witness by a party who has called him, is termed as:

A) Main examination

B) Additional examination

C) Re-examination

D) Recross-examination

103. The Court draws a presumption under Section 112 of the Evidence Act qua the legitimacy of a child born during the continuance of a valid marriage between man and his wife or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof of:

A) Maternity of the child

B) Paternity of the child

C) Both maternity and paternity

D) Guardianship of the child

104. Facts which need not be proved by the parties include:

A) Facts of which judicial notice is required to be taken

B) Facts which have been admitted by the parties before or during the trial

C) Both A) and B)

D) Neither A) nor B)

105. A certified copy of a registered sale deed issued by the office of Registrar under the Registration Act, 1908 is a:

A) Primary evidence

B) Secondary evidence

C) Both A) and B)

D) None of the above

106. The following question consists of two statements, namely Assertion (A) and Reason (R)

Assertion (A): Leading questions are generally allowed during examination in chief.

Reason (R): Cross-examination aims to test the veracity of the witnesses testimony and uncover any inconsistencies.

Choose correct answer by using the following code:

A) Both Assertion (A) and Reason (R) are the true and Reason (R) is a correct explanation of Assertion (A)

B) Both Assertion (A) and Reason (R) are the true but Reason (R) is not a correct explanation of Assertion (A)

C) Assertion (A) is true and Reason (R) is false

D) Assertion (A) is false and Reason (R) is true

107. What does Section 93 of the Indian Evidence Act primarily addresses in relation to documents?

A) Admission of extrinsic evidence to explain any type of ambiguity

B) Exclusion of evidence to explain or amend ambiguous documents

C) Admission of evidence to interpret all types of ambiguities

D) Exclusion of evidence for any document with defects

108. Court shall presume the legality of e-record under the Indian Evidence Act 1872 when the same is:

A) 7 years old

B) 5 years old

C) 3 years old

D) 30 years old

109. To determine the relationship between two individuals in a court proceeding, whose opinion would carry weight?

A) Opinions of expert witness only

B) Opinion of any person present during the incident

C) Opinion of the judge presiding over the case

D) Opinions expressed by those with special means of knowledge on the subject

110. During the course of trial, Mr. X is summoned to merely produce a crucial document. Can he be called in and subjected to cross-examination during the trial?

A) Cross-examination is not allowed unless he is formally called as a witness in the trial

B) Can be cross-examined immediately upon producing the document, regardless of the circumstances

C) Cross-examination is only permissible if the document produced by him is directly challenged by the opposing party

D) Can be cross-examined at any point during the trial to clarity any discrepancies in the document

111. In a case of bribery, the conversation between the accused and the police decoy was tape recorded. It was sought to be given in evidence and was objected to being a statement given to the police. Decide.

A) The recording is inadmissible because it was a statement given to the police being a fruit of poisonous tree

B) The dialogue between the accused and the police forms part of res gestae hence relevant and admissible

C) Tape recording is an inadmissible way of collecting evidence, therefore it cannot be produced as evidence

D) None of the above

112. 'A' is accused of a child's murder. The following evidence came to light:

I. An hour before the murder, 'A' went to the place of murder with the child.
II. 'A' alone returned home.
III. Collar of A's shirt was blood stained.

The above-stated evidence is to be treated as

A) Direct evidence

B) Circumstantial evidence

C) Real evidence

D) Secondary evidence

113. In which of the following cases, the court may raise presumption under Section 114 of the Indian Evidence Act, 1872?

A) That a man in possession of stolen goods after the theft, is either the thief or has received the goods knowing them to be stolen

B) That judicial and official acts have been regularly performed

C) That evidence which could be and is not produced would, if produced, be unfavourable to the person withholding it (e.g. the police withholding a piece of evidence)

D) All of the above

114. Consent under Indian Contract Act, 1872 means:

A) Agreeing to the same thing in same sense

B) Agreeing to the different things in same sense

C) Agreeing to the different things in different sense

D) All of the above

115. Prospectus of a company issued for subscription of its shares is:

A) An offer

B) An invitation to make an offer

C) Cross offer

D) Counter offer

116. Who amongst the following is/are not competent to enter into a contract?

A) Minor

B) Person of unsound mind

C) Person disqualified by the law

D) All of the above

117. When the consent to an agreement is obtained by undue influence, the agreement is voidable at the option of:

A) Either of the parties to the agreement

B) A party whose consent is so obtained

C) A party who obtained the consent

D) None of the above

118. Where both the parties to an agreement are under a mistake qua a matter of fact, the agreement so entered is:

A) Valid

B) Void

C) Voidable

D) None of the above

119. 'X' sends an insured parcel to 'Y'. The parcel is not delivered. 'Y':

A) cannot claim the amount from the insurance company because there is no privity of contract

B) can enforce as a constructive trust is created in his favour

C) can enforce only if there is an express provision in the contract that he can enforce it

D) none of the above is correct

120. A, who is a minor borrows money from B. After becoming an adult, he repays the amount of the loan and after some days he institutes a suit against B for the recovery of the money so repaid. Which one of the following options is correct as to the result of a suit?

A) A will succeed in recovering money

B) A will not succeed in recovering money as the minor's contract is illegal

C) A will not succeed in recovering money as repayment was valid

D) None of the above

121. When any agreement is discovered to be void, any person who has received any advantage under such agreement is bound to restore it to the person from whom he received it. This statement is

A) True

B) False

C) Only partially true

D) Only partially false

122. What type of contract is created when one party makes a promise in exchange for the other party's performance?

A) Bilateral contract

B) Unilateral contract

C) Executed contract

D) Void contract

123. Which of the following propositions is correct as regards a contingent contract?

A) The contract will not be contingent if the happening or non-happening of the contingency depends upon the will of a party

B) The condition/contingency must be of a certain nature

C) The contingency contemplated by the contract must be collateral to the contract

D) All of the above

124. What is the effect of Section 17 (1A) inserted by The Registration and Other Related Laws (Amendment) Act, 2001 in the Registration Act, 1908?

A) Registration of agreement to sell has been made mandatory

B) Registration of agreement to sell is mandatory only if it evidences delivery of possession

C) Registration of agreement to sell is mandatory, if the proposed purchaser wants to seek protection U/S 53A of the Transfer of Property Act, 1882

D) None of the above

125. In case of sale by description, if the goods do not correspond with the description given, but serve the buyer's purpose, the buyer:

A) Can reject the goods

B) Cannot reject the goods

C) Can claim damages only

D) None of these

Answer Keys

1. C

2. C

3. B

4. B

5. A

6. C

7. C

8. A

9. C

10. C

11. A

12. C

13. B

14. A

15. B

16. A

17. C

18. D

19. D

20. D

21. A

22. C

23. A

24. A

25. C

26. C

27. A

28. A

29. B

30. D

31. C

32. B

33. B

34. C

35. A

36. B

37. A

38. B

39. A

40. B

41. D

42. D

43. D

44. D

45. C

46. D

47. A

48. C

49. D

50. C

51. C

52. A

53. B

54. C

55. B

56. A

57. D

58. D

59. D

60. A

61. D

62. D

63. B

64. A

65. D

66. C

67. D

68. A

69. B

70. D

71. B

72. A

73. A

74. B

75. C

76. B

77. B

78. D

79. D

80. C

81. D

82. A

83. B

84. D

85. D

86. C

87. A

88. C

89. A

90. C

91. C

92. B

93. B

94. A

95. B

96. B

97. B

98. B

99. C

100. C

101. C

102. C

103. B

104. C

105. B

106. D

107. B

108. B

109. D

110. A

111. B

112. B

113. D

114. A

115. B

116. D

117. B

118. B

119. B

120. C

121. A

122. A

123. C

124. C

125. A

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