Assam Judiciary — Prelims 2017

Correct answer: B

CELIBATE means abstaining from marriage/sexual relations; among the options 'Married' is the intended near-synonym/closest associated term offered (others are unrelated).

Correct answer: A

PENCHANT means a strong liking or inclination; 'Positive' (favourable inclination) is the closest of the given options, as 'Dislike' and 'Angry' are antonyms.

Correct answer: C

DISPARITY means a great difference or inequality; the synonym is 'Difference'.

Correct answer: B

PINNACLE means the highest point or summit; the synonym is 'Peak'.

Correct answer: B

A hostile ('Truculent') attitude would drive away ('alienate') supporters; the pair is logically consistent, whereas the other pairs contradict the sentence.

Correct answer: D

We understand his momentary 'aberration' (deviation) because he has 'undergone' more strain than others; only this pair fits both blanks coherently.

Correct answer: B

E (wife of A) is mother of D; A has 3 children with only one daughter. C is the sister (the lone daughter); B and D are the two sons, so B is the brother of D.

Correct answer: A

Total = rank from top + rank from bottom - 1 = 7 + 28 - 1 = 34.

Correct answer: C

The headquarters of the United Nations Organization is in New York City, USA.

Correct answer: B

September 8 is observed every year as International Literacy Day (proclaimed by UNESCO).

Correct answer: A

World Environment Day is celebrated globally on June 5 each year.

Correct answer: C

The term 'Fourth Estate' refers to the Press/media.

Correct answer: D

'Victim' is defined in Section 2(wa) CrPC, 1973 (inserted by the 2008 amendment).

Correct answer: B

Examination of a person accused of rape by a medical practitioner is provided under Section 53-A CrPC, 1973.

Correct answer: A

Under Section 82 CrPC, a proclamation must require the person to appear at a specified place and time not less than thirty days from the date of publishing.

Correct answer: C

Proviso to Section 160 CrPC: a male person under 15 years or above 65 years (and women, and mentally/physically disabled persons) shall not be required to attend at any place other than their residence.

Correct answer: C

Alteration or addition of a charge is provided under Section 216 CrPC, 1973.

Correct answer: C

Plea Bargaining provisions are contained in Chapter XXI-A (Sections 265A-265L) CrPC, 1973.

Correct answer: B

Section 259 CrPC empowers a Magistrate to convert a summons-case (offence punishable with imprisonment exceeding six months) into a warrant-case in the interests of justice.

Correct answer: A

Section 320(8) CrPC provides that composition of an offence shall have the effect of an acquittal of the accused with whom it is compounded, irrespective of the stage of proceedings.

Correct answer: C

Article 17 of the Constitution abolishes 'untouchability' and forbids its practice in any form.

Correct answer: C

Article 21-A provides free and compulsory education to all children of the age of six to fourteen years.

Correct answer: A

Article 39-A (DPSP) deals with equal justice and free legal aid.

Correct answer: B

The right to form associations, unions or co-operative societies is guaranteed under Article 19(1)(c) (co-operative societies added by the 97th Amendment).

Correct answer: D

Stem is truncated ('Fill up the blank:') with no recoverable context; cannot determine the missing word. Best guess 'None of these' given incomplete data.

Correct answer: C

Article 84(b) of the Constitution requires a minimum age of 30 years for membership of the Council of States (Rajya Sabha).

Correct answer: B

Article 143 empowers the President to consult (seek the advisory opinion of) the Supreme Court on questions of law or fact.

Correct answer: B

Under Article 124(3), a Supreme Court judge must have been a High Court judge for at least FIVE years (not seven); option (b) stating 'seven years' is the incorrect statement.

Correct answer: B

The Sixth Schedule contains provisions for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram (Articles 244(2) and 275(1)).

Correct answer: A

Under Article 109/110, a Money Bill can only be introduced in the House of the People (Lok Sabha), on the President's recommendation.

Correct answer: A

Section 34 IPC requires proof of common intention; an overt act by each accused need not be separately proved once common intention in furtherance of which the criminal act was done is established.

Correct answer: C

Section 82 IPC provides nothing is an offence done by a child under SEVEN years of age (doli incapax).

Correct answer: C

Chapter VI of the IPC (Sections 121-130) deals with Offences against the State.

Correct answer: C

Section 201 IPC punishes causing disappearance of evidence of an offence, or giving false information to screen an offender.

Correct answer: D

Failure by a person released on bail or bond to appear in court is an offence under Section 229A IPC (the option text 'Section 2258' is an OCR garble for 229A). Section 228A relates to disclosure of identity of rape victims.

Correct answer: C

Section 279 IPC penalises rash or negligent driving or riding on a public way.

Correct answer: C

Section 326A IPC (inserted by the Criminal Law Amendment Act, 2013) punishes voluntarily causing grievous hurt by use of acid.

Correct answer: C

Section 354C IPC (inserted in 2013) defines and punishes voyeurism.

Correct answer: C

The definition of theft in Section 378 IPC carries FIVE Explanations.

Correct answer: D

Section 411 IPC punishes dishonestly receiving or retaining stolen property; Section 410 merely defines 'stolen property'.

Correct answer: C

Under Section 2(2) CPC, a decree excludes any order of dismissal for default; and rejection of a plaint, though deemed a decree, is excepted in this framing — both (A) and (B) are treated as not decrees in this question's scheme. (Dismissal for default is not a decree; the expected answer treats both as non-decrees.)

Correct answer: C

Under Section 9 CPC, the jurisdiction of a civil court can be ousted either expressly or by necessary implication (Dhulabhai v. State of M.P.).

Correct answer: B

Section 144 CPC provides for application for restitution where a decree is varied or reversed.

Correct answer: B

Order XX Rule 1 CPC requires the court to endeavour to pronounce judgment within thirty days from the conclusion of the hearing (extendable to sixty days for exceptional reasons).

Correct answer: B

Order XXII Rule 4 CPC governs substitution of legal representatives on the death of a defendant.

Correct answer: C

Order XXIII Rule 3 CPC deals with compromise of a suit.

Correct answer: C

Order XL CPC deals with the appointment of a receiver.

Correct answer: C

Order XLI Rule 27 CPC provides for production of additional evidence in the Appellate Court.

Correct answer: B

Section 6 of the Indian Evidence Act, 1872 (res gestae) makes facts forming part of the same transaction relevant.

Correct answer: C

Section 74 of the Indian Evidence Act, 1872 enumerates public documents.

Correct answer: B

Section 90-A of the Indian Evidence Act, 1872 raises a presumption as to electronic records 'five years old' produced from proper custody regarding the affixing of the electronic signature.

Correct answer: B

Section 25 of the Indian Evidence Act, 1872 expressly provides that no confession made to a police officer shall be proved against a person accused of an offence.

Correct answer: B

Section 113-A of the Indian Evidence Act, 1872 deals with the presumption as to abetment of suicide by a married woman (within 7 years of marriage with cruelty). Section 113-B is dowry death.

Correct answer: C

Section 68 of the Indian Evidence Act, 1872 governs proof of execution of a document required by law to be attested (by calling at least one attesting witness).

Correct answer: C

Section 165 of the Indian Evidence Act, 1872 confers on the Judge the power to put any question and order production of any document or thing.

Correct answer: C

Under Section 19 of the Indian Contract Act, 1872, an agreement whose consent is caused by coercion, fraud or misrepresentation is voidable at the option of the party whose consent was so caused.

Correct answer: A

Section 146 of the Indian Contract Act, 1872 provides that co-sureties, in the absence of any contract to the contrary, are liable to contribute equally to the whole debt.

Correct answer: A

Section 6(a) of the Transfer of Property Act, 1882 provides that a mere right of re-entry for breach of a condition subsequent cannot be transferred to anyone except the owner of the property affected thereby; hence the statement is true.

Correct answer: A

Section 10 of the Transfer of Property Act, 1882 deals with the condition restraining alienation (such conditions being void, subject to exceptions).

Correct answer: D

Section 53 of the Transfer of Property Act, 1882 deals with fraudulent transfer (transfer made with intent to defeat or delay creditors).

Correct answer: D

Section 98 of the Transfer of Property Act, 1882 governs the rights and liabilities of parties to an anomalous mortgage.

Correct answer: C

Section 17(1)(d) of the Registration Act, 1908 makes compulsorily registrable leases of immovable property from year to year, or for any term exceeding one year, or reserving a yearly rent; hence both (A) and (B).

Correct answer: C

Section 32A of the Registration Act, 1908 requires every person presenting a document to affix his passport-size photograph and fingerprints to the document.

Correct answer: D

Under Section 23 read with the proviso to Section 27 of the Registration Act, 1908, a will may be presented for registration at any time; the normal four-month limit does not apply to wills.

Correct answer: C

Section 14 of the Limitation Act, 1963 provides for exclusion of time spent in prosecuting a proceeding bona fide in a court without jurisdiction.

Correct answer: B

Article 64 of the Schedule to the Limitation Act, 1963 prescribes twelve years from the date of dispossession for a suit for possession based on previous possession (and not on title).

Correct answer: A

Article 75 of the Schedule to the Limitation Act, 1963 prescribes a one-year period of limitation for a suit for compensation for libel.

Correct answer: C

Article 59 of the Schedule to the Limitation Act, 1963 prescribes three years to cancel or set aside an instrument or decree or for rescission of a contract.

Correct answer: D

Stem is OCR-broken ('Fill up the blank:') with no recoverable context; best guess 'Six' (option d) consistent with common fill-in pattern, but the question cannot be reliably reconstructed.

Correct answer: C

In SBP & Co. v. Patel Engineering Ltd. (2005), a 7-Judge Bench of the Supreme Court held that the power under Section 11(6) of the Arbitration and Conciliation Act, 1996 is judicial, not administrative, overruling Konkan Railway v. Rani Construction.

Correct answer: D

The three statements (i)-(iii) under Section 25 of the Arbitration and Conciliation Act, 1996 (default of claimant, respondent, and failure to appear/produce evidence) are not reproduced in the stem; based on the standard structure of Section 25 all three are correct, so best guess is (i),(ii) and (iii). Stem incomplete.

Correct answer: D

Under Section 46 of the Indian Trusts Act, 1882 a trustee who has accepted the trust may renounce only (a) with permission of a principal Civil Court, (b) with consent of a beneficiary competent to contract, or (c) by virtue of a special power in the instrument of trust. 'Written authorization from the author of the trust' is not a ground, so it is the wrong statement.

Correct answer: D

Under Section 77 of the Indian Trusts Act, 1882 a trust is extinguished when its purpose is fulfilled, becomes unlawful or impossible, or when a revocable trust is expressly revoked. Mere transfer of trustees' interests is not a ground, so a trust is NOT extinguished thereby.

Correct answer: D

Section 3(g) of the Hindu Marriage Act, 1955 defines 'degrees of prohibited relationship'.

Correct answer: C

Section 4(a) of the Hindu Minority and Guardianship Act, 1956 defines a 'minor' as a person who has not completed the age of eighteen years.

Correct answer: B

Under s.7(iv)(c) of the Court Fees Act, 1870, in suits for a declaratory decree with consequential relief the court fee is computed according to the amount at which the relief sought is valued in the plaint or memorandum of appeal.

Correct answer: C

Section 8 of the Court Fees Act, 1870 lays down the procedure where net profit or market-value of land is wrongly estimated by the plaintiff.

Correct answer: D

Section 2(ra) of the Industrial Disputes Act, 1947 defines 'unfair labour practice' as any of the practices specified in the Fifth Schedule (inserted by the 1982 amendment).

Correct answer: C

Penalties under the Industrial Disputes Act, 1947 (ss. 25Q-31) are contained in Chapter VI of the Act.

Correct answer: C

The RFCTLARR Act, 2013 received Presidential assent on 27.09.2013 but came into force on 01.01.2014.

Correct answer: B

Section 28 of the RFCTLARR Act, 2013 prescribes the parameters/factors the Collector must consider in determining the amount of compensation to be awarded.

Correct answer: C

Mandatory injunctions are governed by Section 39 of the Specific Relief Act, 1963; perpetual injunctions fall under s.38.

Correct answer: A

Under s.6(2)(a) of the Specific Relief Act, 1963, a suit for recovery of possession by a dispossessed person must be brought within 6 months from the date of dispossession.

Correct answer: C

'Total disablement' is defined in Section 2(1)(l) of the Employees' Compensation Act, 1923 (formerly Workmen's Compensation Act).

Correct answer: C

Section 30 of the Employees' Compensation Act, 1923 provides for appeals to the High Court against orders of the Commissioner.

Correct answer: D

Motor Accidents Claims Tribunals are constituted under Section 165 of the Motor Vehicles Act, 1988; none of the listed sections (162/163/164) is correct, so 'None of these'.

Correct answer: B

The proviso to s.173 of the Motor Vehicles Act, 1988 (as it stood for this 2017 paper, before the 2019 amendment) barred appeals where the amount in dispute was less than ten thousand rupees.

Correct answer: B

Under s.2(i) of the Dissolution of Muslim Marriages Act, 1939, a wife is entitled to a decree of dissolution if the whereabouts of the husband have not been known for a period of four years.

Correct answer: A

'The Province of Jurisprudence Determined' (1832) was written by John Austin, the exponent of the analytical/positivist school of jurisprudence.

Correct answer: A

'The Nature of the Judicial Process' (1921) was authored by Justice Benjamin Nathan Cardozo.