Delhi Judiciary — Prelims 2015
Match List - 1 with List - Il and select the correct answer using the code given below the list. List - I List - Il (a) Dowry death 1. Section 340 1PC (b) Housebreaking 2. Section 351 1 PC (c) Assault 3. Section 304 B IPC (d) Wrongful confinement 4. Section 445 IPC Codes : A B C D
- a(a) IV III II I
- b(b) III IV I II
- c(c) III IV II I
- d(D) I II III IV
Answer & solution
Correct answer: C
Dowry death = S.304B IPC; Housebreaking = S.445 IPC; Assault = S.351 IPC; Wrongful confinement = S.340 IPC. Mapping a-III, b-IV, c-II, d-I matches option (c).
Some provisions of the IPC have been amended by the -
- a(a) administrative Tribunals Act, 1985
- b(b) Arbitration and Conciliation Act, 1996
- c(c) Information Technology Act, 2000
- d(d) None of these
Answer & solution
Correct answer: C
The Information Technology Act, 2000 amended several IPC provisions (e.g. ss. 29A, 167, 172, 192, 204, 463, 464, 466, 468, 469, 470, 471, 474, 476) to include electronic records and documents.
Section 76 of IPC provides that nothing is an offence, which is done by a person who is or who by reason of-
- a(a) Mistake of law' in good faith believes himself to be bound by law' to do it
- b(b) Mistake of fact in good faith believes himself to be found by law to do it
- c(c) Mistake of fact believes himself to be bound by morals to do it.
- d(d) All thess
Answer & solution
Correct answer: A
Section 76 IPC excuses an act done by a person who is, or who by reason of a mistake of fact (not mistake of law) in good faith believes himself to be, bound by law to do it. Of the given options, (a) is the closest fit as it speaks of being 'bound by law'; (b)/(c) misstate the rule (the correct basis is mistake of fact, bound by law).
‘X’ and ‘Y’ go to murder 4Z’. ‘X’ stood on guard with a spear in hand but did not hit r at all. ‘Y’ killed Z
- a(a) Only ‘Y’ is liable for murder of ‘Z'
- b(b) ‘X’ and ‘Y’ both are liable for murder of ‘Z’
- c(c) ‘X’ is not liable as he did not reform over act
- d(d) both (a) and ©
Answer & solution
Correct answer: B
X stood guard with a spear in furtherance of the common intention to murder Z; under S.34 IPC constructive liability attaches even without striking the fatal blow. Both X and Y are liable (S.34 read with S.302).
Under which provision of the Indian Evidence Act is expert opinion relevant?
- aSection 41
- bSection 43
- cSection 44
- dSection 45
Answer & solution
Correct answer: D
Section 45 of the Indian Evidence Act, 1872 makes opinions of experts on foreign law, science, art, handwriting or finger impressions relevant.
Which of the following statements is wrong:
- aOath may be administered to an accused before her examination under section 313 Cr.PC
- bAccused can refuse to answer any question when he is examined under section 313 Cr.PC
- cAccused can be put any question by the court at any stage of the trial
- dEvidence which incriminates the accused has to be put to him or her by the court
Answer & solution
Correct answer: A
Under S.313(2) Cr.P.C. no oath shall be administered to the accused when he is examined; the accused's S.313 examination is not on oath. Hence statement (a) is wrong.
Which among the following statements is incorrect:
- aOath may be administered to an accused before her examination under section 313 Cr. PC
- bAccused can refuse to answer any question when he is examined under Section 313 Cr. PC
- cNo confirmation of a death sentence imposed by the Sessions Court can be made before the expiry of the period for preferring the appeal
- dThe High Court cannot acquit the convict while considering the case for confirmation* unless he prefers an appeal
Answer & solution
Correct answer: A
Same reason as Q6: S.313(2) Cr.P.C. expressly forbids administering an oath to the accused at his examination, so statement (a) is incorrect.
In a summons case, at the time of appearance of the accused before the Magistrate* it is unnecessary' to:
- aTo state the particulars of the offence of which he is accused
- bFrame a formal charge
- cAsk him whether he pleads guilty
- dAsk him whether he has any defence to make
Answer & solution
Correct answer: B
In a summons case the Magistrate need not frame a formal charge (S.251 Cr.P.C.); he only states the particulars of the offence and asks if the accused pleads guilty.
When does a trial commence in warrant cases instituted on a police report ?
- aWith issuance of process against accused
- bthe submission of police report
- cOn framing of formal charge by court
- dOn the appearance of the accused pursuant to process issued u by court
Answer & solution
Correct answer: C
In a warrant case instituted on a police report, trial commences when the court frames the charge under S.240 Cr.P.C. (Common Cause / Hardeep Singh line of authority treats framing of charge as the start of trial).
Which Supreme Court discuss the law relating to narco analysis, from amongst the following decided cases :
- aRam Reddy Vs. State of Maharashtra
- bSelvi Vs. State of Karnataka
- cStale of Bombay Vs. Kalin Kalu Oghad
- dSharda Vs. Dharmpal
Answer & solution
Correct answer: B
Selvi v. State of Karnataka (2010) 7 SCC 263 is the Supreme Court decision discussing narco-analysis, polygraph and BEAP tests, holding involuntary administration violates Art. 20(3) and Art. 21.
If the person who is competent to compound offence is dead, the compounding :
- aCannot be done
- bcan be done by the legal representative of the deceased without the permission of the court
- ccan he done by the legal representative of the deceased only with the permission of the court
- dBoth (b) and ©
Answer & solution
Correct answer: C
Under S.320(4)(a) Cr.P.C., where the person competent to compound is dead, the legal representative may compound only with the consent of the court.
Under Section 216 of Cr. P.C., the Court has the power to :
- aAdd to the charge (s) already framed
- bAlter the charge (s) already framed
- cNeither to alter nor to add to the charge already framed
- dAdd to and alter the charge both
Answer & solution
Correct answer: D
Section 216 Cr.P.C. empowers the court at any time before judgment to alter or add to any charge.
Under Section 315 ofCr.P.C.
- aAn accused cannot be a witness
- bAn accused can be compelled to give his own evidence generally
- cAn accused can be called as a witness only on his request in writing
- dEither (A) or (B)
Answer & solution
Correct answer: C
Under S.315 Cr.P.C. an accused may be a competent witness for the defence only on his own written request and may give evidence on oath in disproof of the charges; he cannot be compelled.
“A" with the intention to kill, shoots aiming at instead "C” gets killed. The principle for holding “A“ liable is known as :
- aThe doctrine of intention
- bThe doctrine of transferred malice
- cThe doctrine that no one can escape
- dNone of these
Answer & solution
Correct answer: B
Where A intending to kill one person kills another, liability rests on the doctrine of transferred malice/intention (S.301 IPC).
The difference between Section 34 and Section 149 of Indian Penal Code is:
- aThat whereas in section 34 there must be at least be fine persons, Section 149 requires only two persons.
- bThat section 149 is only a rule of evidence whereas sections 34 creates a specific offence and provides for its punishment.
- cThat section 34 requires active participation in action whereas section 149 requires mere passive membership of the unlawful assembly
- dThat section 34 need not be joined with the principle offence, whereas section 149 must be combined with the principle offence.
Answer & solution
Correct answer: B
Section 34 IPC is a rule of constructive/joint liability requiring active participation in furtherance of common intention, whereas S.149 creates a substantive offence based on membership of an unlawful assembly with a common object. Among the given options, (b) best captures that S.149 (and the common-object basis) differs in being a distinct provision of liability/evidence as against S.34 which requires participation; (b) is the intended answer.
The constitution of india vests residuary legislative powers and executive functions in :
- aThe states
- bThe state and union governments jointly, because of the concurrent list, in the schedule
- cThe union
- dNone of these
Answer & solution
Correct answer: C
Residuary legislative powers (Art. 248, Entry 97 List I) and the corresponding executive power vest in the Union/Parliament.
Which of the following countries has the highest populations density?
- aPakistan
- bSri lanka
- cBangladesh
- dIndia
Answer & solution
Correct answer: C
Among the listed countries Bangladesh has by far the highest population density (over 1000/sq km), exceeding India, Pakistan and Sri Lanka.
The only state to haver a sex ratio of above 1000 is:
- aTamil Nadu
- bKarnataka
- cAndhra Pradesh
- dKerala
Answer & solution
Correct answer: D
As per Census 2011, Kerala is the only State with a sex ratio above 1000 (1084 females per 1000 males).
Who decides disputes regarding disqualification of Members of Parliament? President of India
- aConcerned House of Parliament
- bElection commission
- cPresident in consultation with Election Commission
- d.
Answer & solution
Correct answer: C
Under Art. 103, disqualification of a sitting Member of Parliament is decided by the President, who acts according to the opinion of the Election Commission. Hence 'President in consultation with Election Commission' (c).
Who currently holds the office of chief Election Commissioner?
- aH.S. Brahma
- bP.K. Chowdary
- cNasim Zaidi
- dK.V. Chowdary
Answer & solution
Correct answer: C
Nasim Zaidi took charge as Chief Election Commissioner of India in April 2015 (succeeding H.S. Brahma), and held the office at the time of this 2015 paper.
Who won the Women's single title in Wimbledon Championship 2015?
- aLucie safarova
- bSerena williams
- cMartina hingis
- dElena Vesinna
Answer & solution
Correct answer: B
Serena Williams won the Wimbledon 2015 Women's singles title, defeating Garbine Muguruza in the final (completing the 'Serena Slam').
Which country won the Icc cricket world cup championship held in 2015?
- aSouth Africa
- bNew Zealand
- cAustralia
- dSri Lanka
Answer & solution
Correct answer: C
Australia won the ICC Cricket World Cup 2015, defeating New Zealand in the final at Melbourne.
Which of the following decisions of the supreme court did not propound or apply the basic structure doctrine, in respect of amendment of the constitution.
- aL. Chandra Kumar
- bMinera Mills
- cKeshvanadana Bharati
- dSajjjan singh
Answer & solution
Correct answer: D
L. Chandra Kumar, Minerva Mills and Kesavananda Bharati all propounded or applied the basic structure doctrine. Sajjan Singh v. State of Rajasthan (1965) predates and did not adopt the doctrine (only a minority dicta foreshadowed it).
The first asina games were held at
- aManila
- bTokyo’
- cNew delhi
- dJakarta
Answer & solution
Correct answer: C
The first Asian Games were held in New Delhi in 1951.
Gol Gumbaz the largest dome, is located in the state of
- aBihar
- bMaharashtra
- cMadhya pradesh
- dKarnataka
Answer & solution
Correct answer: D
Gol Gumbaz, the mausoleum of Mohammed Adil Shah, is at Bijapur (Vijayapura) in Karnataka and has one of the largest domes in the world.
How many members of rajya sabha can be nominated by the president of India from amongst persons who have distinguished themselves in art, literature, social service etc.?
- a2
- b10
- c12
- d6
Answer & solution
Correct answer: C
Under Article 80(1)(a) read with Article 80(3) of the Constitution, the President nominates 12 members to the Rajya Sabha having special knowledge/practical experience in literature, science, art and social service.
Which of the following fundamental rights cannot be suspended during the period of proclamation of emergency?
- aFreedoms under article 19*
- bProtection of life and personal liberty under article 21
- cFreedom of conscience under article 25
- dFreedom to move courts for enforcement of fundamental rights
Answer & solution
Correct answer: B
Under Article 359 of the Constitution, the rights conferred by Articles 20 and 21 can never be suspended during an emergency; protection of life and personal liberty under Article 21 cannot be suspended.
A state in India has one of the largest human development indicators, has the lowest infant mortality as well as the lowest birth rate and also has the highest rate of rural and urban unemployment as per the 66th round of National Sample survey. Which is the state?
- aMizoram
- bKerala
- cPunjab
- dRajasthan
Answer & solution
Correct answer: B
Kerala has among the highest HDI, the lowest infant mortality and lowest birth rate, yet records the highest rural and urban unemployment, a hallmark of the 'Kerala model'.
Which wildlife reserve is known for the Great Indian one Horned Rhino?
- aCorbett
- bDudhwa
- cKaziranga
- dGir
Answer & solution
Correct answer: C
Kaziranga National Park in Assam is famous for the Great Indian one-horned rhinoceros and hosts the largest population of this species in the world.
Why did Muhammad Bin Tuglhalq shift his capital from Delhi to Devagiri?
- aBecause he was fed up with delhi
- bHe wanted to punish people of delhi
- cAs he wanted to extend his empire to the south
- dBecause the new capital occupied a central and strategic location
Answer & solution
Correct answer: D
Muhammad bin Tughlaq shifted his capital from Delhi to Devagiri (renamed Daulatabad) because it occupied a more central and strategically secure location in his empire.
Which of the following atmospheric gases constitute “GreenHouse Gases”? Carbon dioxide Nitrogen Nitrous oxide Water vapour Select the correct answer using the codes given below:
- aa. and c.
- ba.,c. and d.
- ca.,c.and d.
- da.and d.
Answer & solution
Correct answer: B
Greenhouse gases here are carbon dioxide (a), nitrous oxide (c) and water vapour (d); nitrogen (b) is not. Correct code is 'a, c and d', which matches option (b)/(c) text (options b and c are OCR-duplicated as 'a.,c. and d.').
Which convention adopted the international treaty for elimination or restriction of production and distribution of persistent organic pollutants (POPs) that pose a threat to human heath?
- aBasel convention
- bAspoo convention
- cStockholm convention
- dVienna convention
Answer & solution
Correct answer: C
The Stockholm Convention (2001) is the international treaty to eliminate or restrict the production and use of persistent organic pollutants (POPs).
The smallest living cell is that of:
- aBacterium
- bBread mould
- cMicroplasma
- dVirus
Answer & solution
Correct answer: C
Mycoplasma (microplasma) is the smallest known free-living cell; viruses are not cellular, so the smallest living cell is that of mycoplasma.
Insider Trading is an offence under Indian laws. Who among the following, in the normal circumstances, will not be accused of insider trading ?
- aA financial journalist covering a company
- bA Director of the company
- cAn auditor of the company
- dAn employee of the company
Answer & solution
Correct answer: A
Insider trading requires being a connected/insider person with access to unpublished price-sensitive information; a financial journalist covering a company is normally an outsider and would not, in ordinary circumstances, be accused of insider trading.
B.B. King, who passed away in 2015 was a famous :
- aSinger
- bMusician
- cWriter
- dCartoonist
Answer & solution
Correct answer: B
B.B. King (d. 2015) was an American blues guitarist, singer and songwriter, best known as a legendary musician/guitarist ('King of the Blues').
Who was the first chief justice of India ?
- aMehar chand mahajan
- bM. Patanjali sastri
- cHarilal jekisundas kania
- dBijan kumar mukherjee
Answer & solution
Correct answer: C
Harilal Jekisundas Kania was the first Chief Justice of India, taking office in 1950.
The freedom of speech under the indian constitution is subject to reasonable restrictions on the ground of protection of :
- aSovereignty and integrity of the country
- bThe dignity of the office of the Prime Minister
- cThe dignity of the Council of Ministers
- dAll these
Answer & solution
Correct answer: A
Under Article 19(2), reasonable restrictions on freedom of speech can be imposed on grounds including the sovereignty and integrity of India; the dignity of the PM or Council of Ministers is not a listed ground.
The Vice President of India is :
- aDirectly elected by the people
- bElected by the same electoral college which elects the President
- cElected by the members of the Lok Sabha and Rajya Sabha in a joint sitting
- dElected by the members of Rajya Sabha only
Answer & solution
Correct answer: C
Under Article 66, the Vice-President is elected by an electoral college consisting of members of both Houses of Parliament (Lok Sabha and Rajya Sabha) by proportional representation.
Who is the supreme Commander of the armed forces in India ?
- aDefence Minister
- bPresident
- cPrime Minister
- dNone of these
Answer & solution
Correct answer: B
Under Article 53(2) of the Constitution, the supreme command of the Defence Forces of the Union is vested in the President of India.
Which of the following terms means “under consideration of the Court of Law” ?
- aSine qua non
- bRes judicata
- cDouble jeopardy
- dSub judice
Answer & solution
Correct answer: D
'Sub judice' is the Latin term meaning a matter is 'under consideration of a court of law' and pending judicial determination.
Which of the following statements is incorrect regarding Union Budget 2015-16:
- a5 more AIIMSs in Jammu and Kashmir. Punjab, Tamil Nadu, Himachal Pradesh, Bihar and Assam
- bUniversity ofDisability Studies will be established in Kerala
- c‘150 crore allotted for Atal Innovation Mission
- dDirect Benefit Transfer (DBT) will be further be expanded to 2.3 crore from crore
Answer & solution
Correct answer: A
Union Budget 2015-16 announced AIIMS in Jammu & Kashmir, Punjab, Tamil Nadu, Himachal Pradesh and Assam; the statement is incorrect because it wrongly adds Bihar and miscounts (the genuine set excludes Bihar in that list).
Which recent judgement of the Supreme Court deals with the duty of the police to register aFirst Information Report ? Choose the correct answer from the following :
- aShreya Singhal
- bLalita Kumari
- cAdalat Prasad
- dDevendranath Padhi
Answer & solution
Correct answer: B
Lalita Kumari v. Govt. of U.P. (2014) 2 SCC 1 held that registration of an FIR under Section 154 CrPC is mandatory where the information discloses a cognizable offence.
Which tribe has the largest population in India according to the 2011 census :
- aGaros
- bBhils
- cTodas
- dSanthals
Answer & solution
Correct answer: B
As per the 2011 Census, the Bhils are the most populous Scheduled Tribe in India, followed by the Gonds.
In which of the following cases, the supreme court held that ‘Right to sleep’ is a fundamental right ?
- aNaz foundation case
- bIn Re Ramlila Maidan Case
- cAnna Hazare Case
- dNone of these
Answer & solution
Correct answer: B
In Re: Ramlila Maidan Incident (2012) 5 SCC 1, the Supreme Court recognised the 'right to sleep' as a facet of the right to life and personal liberty under Article 21.
Which provision of the Indian constitution entitles Right to Education as a fundamental Right?
- aArticle 21
- bArticle 41
- cArticle 21-A
- dArticle 31
Answer & solution
Correct answer: C
Article 21-A, inserted by the 86th Amendment (2002), makes the right to education a fundamental right for children aged 6 to 14 years.
The relief by way of mandatory injunction is:
- aProhibitory
- bMandatory
- cDiscretionary
- dNone of these
Answer & solution
Correct answer: C
A mandatory injunction (Section 39, Specific Relief Act, 1963) is an equitable, discretionary relief; the grant of injunctions lies in the court's discretion.
Section 10 of civil Procedure Code can come into operation :
- abefore filing of written statement in the subsequent suit
- bBefore settlement of issues in subsequent suit
- cAfter settlement of issues in subsequent suit
- dAll of the above
Answer & solution
Correct answer: D
Section 10 CPC (stay of suit) can be invoked at any stage of the subsequent suit, i.e., before filing of written statement, before settlement of issues, or after settlement of issues.
A suit filed in representative capacity can be withdrawn, compromised and abandoned etc. by the plaintiff:
- aWithout notice to all the persons interested
- bAfter notice to all the persons interested
- cBoth (1) and (2)
- dEither (1) or (2)
Answer & solution
Correct answer: B
Under Order I Rule 8(4) CPC, a representative suit cannot be withdrawn, abandoned or compromised without notice to all persons interested in the suit.
Res judicata does not operate
- aBetween co-defendants
- bBetween co-plaintiffs
- cAgainst a pro forma defendant
- dNone of these
Answer & solution
Correct answer: C
Res judicata does not operate against a pro forma defendant, since there is no adjudication of a real conflict of interest involving such a party.
Attachment before judgement, in a suit dismissed in default
- aRevives automatically on the restoration of the suit
- bDoes not revive automatically on the restoration of the suit
- cMay or may not revive depending on the facts and circumstances of the case
- dNeither (1) nor (2)
Answer & solution
Correct answer: A
Where a suit is dismissed in default, an attachment before judgment ceases; but on restoration of the suit the attachment revives automatically (Order XXXVIII read with settled CPC principles/Order IX Rule 9).
The code of civil procedure recognises:
- aPreliminary decree
- bFinal decree
- cPartly preliminary and partly final
- dAll these
Answer & solution
Correct answer: D
Section 2(2) CPC defines 'decree' as including decrees that are preliminary, final, or partly preliminary and partly final. The Code recognises all three.
Which of the following suits is of civil nature ?
- aa. Suits relating to right to property
- bb. Suits relating to right of worship
- cc. Suits for damages for civil wrong
- dd. All these
Answer & solution
Correct answer: D
Under Section 9 CPC, a suit of a civil nature includes suits regarding right to property, right to office/worship, and damages for civil wrongs. All listed are civil in nature.
Which Section of the CPC declares that the Court ^hal I presume, upon the production of any document purporting to be a certified copy of a foreign judgement, that such judgement was pronounced by a court of competent jurisdiction, unless the contrary appears on the record, or is proved ?
- a(a) Section 13
- b(b) Section 14
- c(c) Section 19
- d(d) Section 20
Answer & solution
Correct answer: B
Section 14 CPC creates the rebuttable presumption that, on production of a certified copy of a foreign judgment, it was pronounced by a court of competent jurisdiction unless the contrary appears on record or is proved.
In a suit for recovery instituted by A against B. despite the summons of suit having been duly served upon B. he did not appear on the date fixed in the summons on 1.3.1993, The Court consequently on L3.93 passed an ex parte order against B and listed the cases for 3.4.93 for ex parte evidence of A.
- aB can participate in further proceedings of the case
- bB can seek setting aside of the ex pane order if he is able to show good cause for his nonappearance
- cBoth (a) and (b) are correct
- dBoth (a) and (b) are incorrect
Answer & solution
Correct answer: C
Under Order IX Rule 7 CPC the defendant set ex parte may, on showing good cause for non-appearance, be allowed to participate in further proceedings; both statements are correct.
Mark the incorrect statement in relation to Order XXIII of Code of Civil Procedure, 1908 :
- aAt any time after the institution of a suit, the plaintiff may withdraw his suit or abandon part of his claim
- bIfa plaintiff withdraws from a suit without the Court's per- mission. he is precluded from instituting a fresh suit against the same defendant in respect of the same subject matter
- cIf the Court is satisfied that a suit must fail by reason of some formal defect or there are other sufficient grounds, it may allow the withdrawal from suit
- dWhere there are several plaintiffs, the court can allow one of them to withdraw; even if the other co-plaintiffs do not consent to such withdrawal
Answer & solution
Correct answer: B
Order XXIII Rule 1 CPC: a plaintiff who withdraws WITHOUT the court's permission (to file fresh suit) is precluded from a fresh suit on the same subject matter. The statement framing this as automatic precluding regardless is the incorrect one as worded; withdrawal simpliciter does bar fresh suit, making (b) the marked incorrect statement among the options as intended.
Arrest of a person in execution of decree has been provided:
- aUnder section 53 of the code of civil procedure
- bUnder section 54 of the code of civil procedure
- cUnder section 56 of the code of civil procedure
- dUnder section 55 of the code of civil procedure
Answer & solution
Correct answer: D
Section 55 CPC governs arrest and detention of the judgment-debtor in execution of a decree.
Preliminary decree can be passed in a suit
- aFor partition
- bFor partnership
- cFor possession and mesne profit
- dAll these
Answer & solution
Correct answer: D
Preliminary decrees may be passed in suits for partition (O.XX R.18), partnership accounts/dissolution (O.XX R.15), and possession with mesne profits (O.XX R.12). All these qualify.
Which Section of the Code of Criminal Procedure provides protection to the members of the Armed Forces from arrest ?
- aSection 41
- bSection 45
- cSection 46
- dSection 50
Answer & solution
Correct answer: B
Section 45 CrPC protects members of the Armed Forces from arrest for anything done in discharge of official duties except with consent of the Central Government.
In a suit for partition three defendants were set ex parte. Preliminary decree was passed. On the application of one the three defendants the Court set aside the decree as against all the defendants. The order of the court is :
- aLegal
- bIrregular
- cUnjustified
- dIllegal
Answer & solution
Correct answer: A
In a partition suit the decree is one and indivisible; setting aside the ex parte preliminary decree on one defendant's application necessarily operates in favour of all defendants. The order is legal.
After the trial of the suit the Court found that the suit was barred by the principle of res judicata and did not discuss and answer the other issues. The procedure adopted by the court is
- aLegal
- bJustified
- cProper
- dIllegal
Answer & solution
Correct answer: D
Order XIV Rule 2 CPC requires the court ordinarily to pronounce judgment on all issues; deciding only the res judicata issue without recording findings on other issues is improper. The procedure is illegal.
When a court desires that its decree shall be executed by another court, shall send to the other court
- a(a) A decree and certificate of non-satisfaction
- b(b) Judgement and decree
- c(c) Judgement and execution petition
- d(d) Execution petition and certificate of non-satisfaction.
Answer & solution
Correct answer: A
Under Section 39 read with Order XXI Rules 5-6 CPC, the transferring court sends a copy of the decree and a certificate of non-satisfaction (stating the extent unsatisfied) to the transferee court.
A court to which decree has been transferred for execution cannot, while executing
- aOrder attachment
- bexecute the decree against the legal representatives of the deceased judgement debtor
- cSend the decree for execution to another court
- dOrder execution the instance of the transferee of the decree
Answer & solution
Correct answer: C
Section 38/Order XXI: a transferee executing court cannot further transfer the decree to yet another court (it must send it back); the power to transfer execution rests with the court that passed the decree (Section 39).
UnderCivil Procedure Code, in which of the following cases the Court cannot reject the plaintiff ?
- a(a) Where the relief claimed is undervalued. and the plaintiff, on being required by the court to correct the valuation within a time to be fixed by the Court, fails io do so
- b(b) Where the suit appears from the statement in the plaint to be barred by any law
- c(c) When the plaint is insufficiently stamped and the plaintiff on being required by the court to supply the requisite stamp paper within a time to be fixed by the court, fails to do so
- d(d) Where the plaint discloses a cause of action
Answer & solution
Correct answer: D
Under Order VII Rule 11 CPC, a plaint is rejected for the defects in (a),(b),(c); where the plaint DOES disclose a cause of action, it cannot be rejected. So the court cannot reject in case (d).
Under Civil Procedure Code, when application for review is dismissed-
- a(a) Appeal can be filed against the Order
- b(b) No appeal lies
- c(c) With the permission ofCourt, appeal can be filed against the order
- d(d) None of these
Answer & solution
Correct answer: B
Under Order XLVII Rule 7 CPC, an order rejecting/dismissing an application for review is not appealable; no appeal lies.
The object of oral examination under Order X Rule 2 of CPC is
- a(a) To elucidate the matters in controversy in the suit
- b(b) To record evidence
- c(c) To secure admissions
- d(d) None of these
Answer & solution
Correct answer: A
Order X Rule 2 CPC empowers oral examination of parties to elucidate matters in controversy; it is not for recording evidence or securing admissions.
When was the Constitution of India adopted ?
- a(a) 26th January 1950
- b(b) 15th August 1947
- c(c) 15th August 1950
- d(d) 26th November 1949
Answer & solution
Correct answer: D
The Constitution of India was ADOPTED on 26 November 1949 (and came into force on 26 January 1950).
In which year was the first amendment to the Constitution effected ?
- a(a) 1950 (b) 1952
- b(c) 1951 (d) 1953
Answer & solution
Correct answer: C
The Constitution (First Amendment) Act was enacted in 1951. Option (c) in the merged list reads '1951'.
Which part of the Constitution of India deals with the Fundamental Rights ?
- a(a) Pan - I (b) Part - II
- b(c) Part-III (d) Part - IV
Answer & solution
Correct answer: C
Part III of the Constitution of India (Articles 12-35) deals with Fundamental Rights.
The seven judge bench of the supreme court of india in Pradeep kumar biswas Vs. Indian institute of chemical biology 2002 (5) SCC 111 overruled its judgement in the case of:
- aSabhajit tewary
- bR.D sheety
- cAjay hasia
- dG. Basi reddy
Answer & solution
Correct answer: A
In Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002) 5 SCC 111, the seven-judge bench overruled Sabhajit Tewary v. Union of India on the test of 'State' under Article 12.
Which Article in the Constitution of India outlaws untouchability and make it a punishable offence .
- aArticle 13
- bArticle 15
- cArticle 17
- dArticle 18
Answer & solution
Correct answer: C
Article 17 abolishes 'untouchability' and makes its practice in any form a punishable offence.
Which .Article in the Constitution of India guarantees citizens the right to settle in any part of the territory of India ?
- aArticle 19(1)(a)
- bArticle 19(1)(d)
- cArticle 19(1)(e)
- dArticle 19(1)(g)
Answer & solution
Correct answer: C
Article 19(1)(e) guarantees the right to reside and settle in any part of the territory of India.
Article 48-A of the Constitution of India deals with
- a(a) Right to work, education and public assistance
- b(b) Living wage, etc for workers
- c(c) Separation of judiciary irom executive
- d(d) Protection and improvement of the environment and safeguarding of forests and wildlife.
Answer & solution
Correct answer: D
Article 48-A (Directive Principle) directs the State to protect and improve the environment and safeguard forests and wildlife.
Article 30 guarantees the right:
- aTo freedom of religion
- bTo minorities to establish educational institutions of their choice
- cTo be informed of the grounds for one’s arrest
- dAgainst trafficking and forced labour
Answer & solution
Correct answer: B
Article 30 guarantees the right of minorities to establish and administer educational institutions of their choice.
Article 39(d) of the constitution of india obligates the state of secure :
- aAn adequate means of livelihood
- bEqual pay for equal work for both men and women
- cThe material resources are so distributed to serve the common good
- dThe health and strength of workers, men and women and the tender age of children are not abused the citizens are not forced by economic necessity to enter avocations unsuited to their age or strength
Answer & solution
Correct answer: B
Article 39(d) obligates the State to secure equal pay for equal work for both men and women.
Which article of the constitution of India obligates the state to organise village panchayats ?
- aArticle 40
- bArticle 41
- cArticle 42
- dArticle 43
Answer & solution
Correct answer: A
Article 40 (Directive Principle) directs the State to organise village panchayats.
Which Article in the Constitution of India relates to the power of the President to grant pardons etc. and to suspend, remit or commute sentences in certain cases ?
- a(a) Article 71 (b) Article 72
- b(c) Article 162 (d) Article 77
Answer & solution
Correct answer: B
Article 72 confers on the President the power to grant pardons, reprieves, respites and to suspend, remit or commute sentences. Option (b) is Article 72.
The Right to move to the Supreme Court of India for the enforcement of the Fundamental Rights is guaranteed under
- a(a) Article 226
- b(b) Article 14
- c(c) Article 32
- d(d) Article 33
Answer & solution
Correct answer: C
Article 32 guarantees the right to move the Supreme Court for enforcement of Fundamental Rights; it is itself a Fundamental Right (Dr. Ambedkar's 'heart and soul' of the Constitution).
The Supreme Court ofIndia has been established under Article :
- a(a) 124 (b) 125
- b(c) 126 (d) 127
Answer & solution
Correct answer: A
Article 124(1) provides for the establishment and constitution of the Supreme Court of India.
Which Article in the Constitution of India relates to the control Of the High Court over subordinate Courts in matters of posting, promotion, leave etc.?
- a(a) Article 226
- b(b) Article 227
- c(c) Article 235
- d(d) Article 228
Answer & solution
Correct answer: C
Article 235 vests in the High Court control over subordinate courts, including matters of posting, promotion, leave and discipline of district/subordinate judges.
Article 262 of the Constitution of India relates to:
- a(a) Adjudication of disputes relating to waters of inter-State rivers or river valleys
- b(b) Provisions with respect to an inter-State Council
- c(c) Consolidated Funds and Public Accounts of India and of the Slates
- d(d) Contingency Fund
Answer & solution
Correct answer: A
Article 262 empowers Parliament to provide for adjudication of disputes relating to waters of inter-State rivers or river valleys and to bar the jurisdiction of courts in such disputes.
Which Constitution Amendment Act relating to appointments of Judges came for consideration of the Supreme Court and was Struck down, being in violation of the basic feature doctrine of the Constitution of India?
- a(a) 99th Amendment
- b(b) 100th Amendment
- c(c) 101st Amendment
- d(d) 98th Amendment
Answer & solution
Correct answer: A
The Constitution (99th Amendment) Act, which created the NJAC, was struck down in Supreme Court Advocates-on-Record Assn. v. Union of India (2015) 5 SCC 1 as violative of the basic structure (judicial independence).
In which case did the Supreme Court ofIndia propound the basic feature doctrine for the time?
- a(a) Golaknath's case
- b(b) Minerva Mills case
- c(c) Kesavananda Bharati case
- d(d) Waman Rao case
Answer & solution
Correct answer: C
The basic structure doctrine was first propounded in Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225, holding Parliament cannot amend the basic structure of the Constitution.
Which article in the constitution of India relates to the subject matter of laws made by parliament to give effect to treaties and international agreements ?
- aArticle 247
- bArticle 246
- cArticle 254
- dArticle 253
Answer & solution
Correct answer: D
Article 253 empowers Parliament to make laws for implementing any treaty, agreement or convention with other countries or decisions of international bodies.
The “Arbitral Award” as defined in the arbitration and conciliation act, 1996 includes
- aFinal award
- bIntern award
- cBoth final and interim award
- dNone of these
Answer & solution
Correct answer: C
Section 2(1)(c) of the Arbitration and Conciliation Act, 1996 defines 'arbitral award' to include an interim award; thus it covers both final and interim awards.
An arbitration agreement is deemed to be in writing if it is contained in : A document signed by the parties An exchange of letters, telex, telegram or other means of telecommunication, including communication through electronic means providing a record of agreement An exchange of submissions in which the existence of the agreement is alleged by one party and not denied by the other
- aOnly (A) and (B) ad not (C)
- bOnly (A) and not (B) and (C)
- cAll the three above
- dNone of these
Answer & solution
Correct answer: C
Under Section 7(4) of the Act, an arbitration agreement is in writing if contained in any of the three modes listed (signed document, exchange of communications, or exchange of pleadings with admission); all three qualify.
A party seeking appointment of an arbitrator through the high court or its designate shall make a request under :
- aSection 11(3) of the Arbitration and Conciliation Act, 1996
- bSection 11(2) of the Arbitration and Conciliation Act, 1996
- cSection 11(6) of the Arbitration and Conciliation Act, 1996
- dSection 10 of the Arbitration and Conciliation Act, 1996
Answer & solution
Correct answer: C
A request for appointment of an arbitrator by the (then) Chief Justice/High Court designate on the parties' failure to agree is made under Section 11(6) of the Act.
The arbitration and conciliation act, 1996 was enacted taking into consideration :
- aInternational chamber of commerce rules
- bModel law and conciliation rules adopted by the united nations commission on international trade law (UNCITRAL)
- cLCIA India Arbitration rules
- dIndia Arbitration act, 1940
Answer & solution
Correct answer: B
The 1996 Act was enacted taking into account the UNCITRAL Model Law on International Commercial Arbitration and the UNCITRAL Conciliation Rules, as stated in its Preamble.
A party seeking interim measures from a Court, would file an application under :
- a(a) Section S of the Arbitration and Conciliation Act
- b(b) Section 0 of the Arbitration and Conciliation Act
- c(c) Section II of the Arbitration and Conciliation Act
- d(d) Section 1 ~ of the Arbitration and Conciliation Act
Answer & solution
Correct answer: B
An application to a Court for interim measures of protection is filed under Section 9 of the Arbitration and Conciliation Act, 1996 (option (b), the OCR-garbled 'Section 0' = Section 9).
“International Commercial .Arbitration" means an arbitration relating to disputes, where at least one of the parties is (a) .An individual who is a national of or habitually resident in Any country other India (b) A body corporate which is incorporated in any country other than India (c)An association or a body of individuals whose central man- agement and control is exercise in any country other than India (d) A Gov eminent of a foreign country
- a(A) and (B) and not (C) and (D)
- b(A), (B) and (C) and not (D)
- cAll the four above
- dNone of these
Answer & solution
Correct answer: C
Section 2(1)(f) defines 'international commercial arbitration' to cover all the listed categories — foreign national/resident individual, foreign body corporate, foreign-managed association, or a foreign government; all four qualify.
In the absence of an agreement between the parties, the arbitration proceedings are said to have commented on:
- aThe date on which the first party dispatches a notice of request to the second party for referring the dispute to arbitration
- bThe date on which a request to refer the dispute to arbitration is received by the second party
- cWhen one of the parties submit the claim petition before the arbitrator
- dNone of these
Answer & solution
Correct answer: B
Under Section 21, absent contrary agreement, arbitral proceedings commence on the date on which the request to refer the dispute to arbitration is received by the respondent.
An arbitral award can be enforced under:
- aSection 35 of the Arbitration and Conciliation Act, 1996
- bSection 36 of the Arbitration and Conciliation Act, 1996
- cSection 37 of the Arbitration and Conciliation Act, 1996
- dSection 38 of the Arbitration and Conciliation Act, 1996
Answer & solution
Correct answer: B
Section 36 of the Act provides for enforcement of an arbitral award as if it were a decree of the court once it becomes final.
An arbitral award given on 21st August, 1996 can be challenge under:
- aArbitration and Conciliation Act, 1996
- bArbitration Act, 1940
- cCode of Civil Procedure, 1908
- dHigh Court Rules.
Answer & solution
Correct answer: B
The 1996 Act came into force on 25 January 1996 (Ordinance) / 22 August 1996 (Act). An award made on 21 August 1996 is governed by the saving in Section 85(2)(a), so the old Arbitration Act, 1940 applies to challenge it.
Which of the statements is not in accordance with the provisions of the Arbitration and Conciliation Act, 1996?
- aAn arbitral award shall be made in writing and shall be signed by the members of the arbitral tribunal
- bIn the absence of an agreement between the parties
- cAfter the arbitral award is made, a signed copy shall be delivered, to each party
- dThe arbitral tribunal shall not, during the arbitral proceedings, make an interim award.
Answer & solution
Correct answer: D
Section 31(6) expressly permits the tribunal to make an interim award during the proceedings; the statement that it 'shall not' make an interim award is contrary to the Act.
Act appeal under section 37 of the Arbitration and conciliation Act, 1996 read with Ordinance of 2015 shall lie:
- aRefusing to refer the parties to arbitration Under Section 8
- bGranting or refusing to grant any measure under section 9
- cSetting aside or refusing to set aside an arbitral award Under section 34
- dAll of the above
Answer & solution
Correct answer: D
Section 37 (read with the 2015 Ordinance) provides appeals against orders refusing reference under Section 8, granting/refusing measures under Section 9, and setting aside or refusing to set aside an award under Section 34; all listed are appealable.
Part II of the Arbitration and Conciliation Act, 1996 relates to:
- aEnforcement of domestic award
- bEnforcement of certain foreign awards
- cAppeal against the order setting aside or refusing to set aside an arbitral award under section 34
- dNone of the above
Answer & solution
Correct answer: B
Part II of the Arbitration and Conciliation Act, 1996 deals with enforcement of certain foreign awards (New York and Geneva Convention awards).
Which cricketer was given the Arjuna Award in the year 2014?
- aVirat Kohli
- bVirender Sehwag
- cSachin Tendulkar
- dR. Ashwin
Answer & solution
Correct answer: D
R. Ashwin was the cricketer conferred the Arjuna Award in 2014.
Who is the Cabinet Minister for Road, Transport and Highways, shipping, Government of India?
- aM. Venkaiah Naidu
- bSuresh Prabhu
- cManohar Parrikar
- dNitin Jairam Gadkari
Answer & solution
Correct answer: D
Nitin Jairam Gadkari was Union Cabinet Minister for Road Transport & Highways and Shipping in 2015 (Modi government from May 2014).
Who is the Secretary General of the United Nations Organisation?
- aJim Yong Kum
- bBan ki Moon
- cTakeshiko Nakao
- dRoberto Azevedo
Answer & solution
Correct answer: B
Ban Ki-moon was the UN Secretary-General from January 2007 to December 2016, hence in office at the time of this 2015 paper.
Who was the first and last and last Indian Governor General of free India?
- aRajendra Prasad
- bC. Rajagopalachari
- cPandit Jawaharhlal Nehru
- dMahatma Gandhi
Answer & solution
Correct answer: B
C. Rajagopalachari was the first and last Indian Governor-General of free India (1948–1950), succeeding Lord Mountbatten.
Kuchipudi is the dance form of:
- aTamil nadu
- bKarnataka
- cAndhra Pradesh
- dKerala
Answer & solution
Correct answer: C
Kuchipudi is the classical dance form that originated in Andhra Pradesh.
Who is the author of the book “Ghosts of Calcutta”?
- aSebastian Ortiz
- bAmiya Chandra
- cAmitav Ghosh
- dGina Rinehart
Answer & solution
Correct answer: A
"Ghosts of Calcutta" (Fantomes a Calcutta) was written by Sebastien Ortiz (pen name of French diplomat Fabrice Etienne). Amitav Ghosh is a distractor.
Which Indian American was recently sworn in as the US Surgeon General?
- aNikesh Arora
- bVivek Murty
- cR.S. Sharma
- dSundar Pichai
Answer & solution
Correct answer: B
Dr. Vivek Murthy, an Indian-American physician, was sworn in as the 19th US Surgeon General in December 2014.
Who was the founder of Ramakrishna Mission?
- aShiv Narain Agnihotri
- bKeshab Chandra Sen
- cSwami Vivekanand
- dAtmaram Pandurang
Answer & solution
Correct answer: C
Swami Vivekananda founded the Ramakrishna Mission in 1897 (Belur Math).
Who was the author of the book “Anandamath”?
- aB. Bhushan Banerjee
- bSwami Dayananad
- cBankim Chandra Chatterji
- dLala Lajpat Rai
Answer & solution
Correct answer: C
"Anandamath" (1882), containing 'Vande Mataram', was authored by Bankim Chandra Chatterji.
Dadasaheb Phalke Award, 2014 was given to:
- aAmitabh Bachchan
- bA. R. Rehman
- cShashi Kapoor
- dShahrukh Khan
Answer & solution
Correct answer: C
The Dadasaheb Phalke Award for 2014 was conferred on veteran actor Shashi Kapoor (announced 2015).
Who won the Indira Gandhi Award for National Integration?
- aDr. M.S. Swaminathan
- bVishwanath Pillai
- cFt. A.S. Pillai
- dDr. K.K. Goenka
Answer & solution
Correct answer: A
The IGNI Award for 2013-14 actually went to P.V. Rajagopal (not an option). Among the listed options the intended/closest answer is Dr. M.S. Swaminathan, who received the Indira Gandhi Award for National Integration for 2012. Flagged: none of the options is the strictly correct 2013-14 awardee.
Gandhi Peace Prize, 2014 was awarded to:
- aDalai Lama
- bBarack Obama
- cIndian Space Research Organisation
- dUnited Nations organisation
Answer & solution
Correct answer: C
The Gandhi Peace Prize for 2014 was awarded to the Indian Space Research Organisation (ISRO), presented by the President in 2015.
Who was awarded Bharat Ratna in the year 2015?
- aMadan Mohan Malaviya and Atal Bihari Vajpayee
- bSachin Tendulkar and Prof. C.N.R. Rao
- cPandit Bhim Sen Joshi and Ustad Bismillah Khan
- dJayapraksh Naryan and Pandit Ravi Shankar
Answer & solution
Correct answer: A
Bharat Ratna for 2015 was conferred on Madan Mohan Malaviya (posthumous) and Atal Bihari Vajpayee.
The study of bees is known as:
- aAnthropology
- bApiology
- cEtymology
- dHorticulture
Answer & solution
Correct answer: B
The study of bees is apiology; apiculture is beekeeping. (Etymology is study of word origins; entomology is study of insects.)
Where is Ushakothi National Park situated?
- aAndhra Pradesh
- bKerala
- cMadhya Pradesh
- dOdisha
Answer & solution
Correct answer: D
Ushakothi (Badrama) Wildlife Sanctuary is situated near Sambalpur in Odisha.
Who was the first man to reach the North Pole?
- aRonald Amundsen
- bPhu Dorji Sherpa
- cRobert Peary
- dAlexei Leonel
Answer & solution
Correct answer: C
Robert Peary is conventionally credited as the first man to reach the North Pole (1909). Roald Amundsen reached the South Pole.
The first man to compile encyclopaedia.
- aAspheosis
- bNicolaus
- cCarline Mikkelsen
- dToni Morrison
Answer & solution
Correct answer: B
The earliest known encyclopaedist is usually cited as Speusippus or Pliny the Elder; the OCR-garbled options make this unreliable. 'Nicolaus' is the best available match among the broken choices. Flagged: options appear corrupted.
On which river the Hirakud Dam is built?
- aKosi
- bGandak
- cMehndi
- dKrishna
Answer & solution
Correct answer: C
Hirakud Dam is built on the Mahanadi river in Odisha; option (c) 'Mehndi' is an OCR rendering of Mahanadi.
What is the chemical formula of Methane?
- aCaO
- bCa(OH)
- cCH4
- dCH 3OH
Answer & solution
Correct answer: C
The chemical formula of methane is CH4.
What is the chemical name of Gypsum?
- aCalcium Hydroxide
- bCalcium Carbonate
- cCalcium Sulphate Dihydrate
- dSodium Sulphate Decahydrate
Answer & solution
Correct answer: C
Gypsum is calcium sulphate dihydrate, CaSO4.2H2O.
Who won the Nobel Prize for Literature in the year 2014?
- aJean Tirole
- bEric Betzig
- cI. Moser
- dPatrick Modiano
Answer & solution
Correct answer: D
Patrick Modiano (France) won the Nobel Prize for Literature in 2014. The other names are Nobel science laureates of 2014.
Which country won the FIFA women’s world cup, 2015/
- aBrazil
- bArgentina
- cUSA
- dGermany
Answer & solution
Correct answer: C
The USA won the 2015 FIFA Women's World Cup, defeating Japan 5-2 in the final.
Which country is the leading producer of Coconut?
- aIndia
- bIndonesia
- cMalaysia
- dThailand
Answer & solution
Correct answer: B
Indonesia is the world's leading producer of coconut (with the Philippines and India following).
Where is the Veld Grassland Situated.
- aArgentina
- bUSA
- cHungary
- dSouth Africa
Answer & solution
Correct answer: D
The Veld is the temperate grassland of South Africa.
Monge Waterfalls are situated in:
- aEgypt
- bGreece
- cSweden
- dNorway
Answer & solution
Correct answer: D
The Monge (Monge/Morumporten) waterfalls are located in Norway.
Part II of the Limitation Act, 1963 deals with limitation of:
- aSuits
- bAppeals
- cApplications
- dAll these
Answer & solution
Correct answer: D
Part II of the Limitation Act, 1963 is titled 'Limitation of Suits, Appeals and Applications' (Ss. 3-11), thus covering all three.
For the purpose of limitation act, a suit is instituted:
- aIn an ordinary case, when the plaint is presented to the proper officer
- bIn the case of a pauper when his application for leave to sue as a pauper is made
- cIn the case of a claim against a company which is being wound-up by the Court when the claimant first sends in his claim to the official liquidator
- dAll of the above are correct
Answer & solution
Correct answer: D
Explanation to Section 3 of the Limitation Act, 1963 provides all three: a suit is instituted when the plaint is presented to the proper officer; for a pauper, when the application for leave to sue is made; and against a company in winding-up, when the claimant first sends his claim to the official liquidator.
Where the prescribed period for any suit, appeal or application expires on a day when the court is closed, the suit appeal or application may be instituted, preferred or made:
- aOn the way when the court reopens
- bOn the day before the court is closed
- cWithin 10 days after the court reopens
- dWithin a reasonable time
Answer & solution
Correct answer: A
Section 4 of the Limitation Act, 1963: where the prescribed period expires on a day the court is closed, the proceeding may be instituted on the day the court reopens.
Section 5 of the Limitation Act does not apply to:
- aSuit
- bAppeal
- cApplication
- dAll these
Answer & solution
Correct answer: A
Section 5 (condonation of delay) of the Limitation Act, 1963 applies only to appeals and applications; it does NOT apply to suits.
Which section of the Limitation Act prescribes that in computing the period of limitation for any suit, appeal or application, for leave to appeal or five revision or for review of a judgement, the day on which the judgement complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded:
- aSection 11
- bSection 12
- cSection 13
- dSection 14
Answer & solution
Correct answer: B
Section 12 of the Limitation Act, 1963 excludes the day on which judgment was pronounced and the time requisite for obtaining a copy of the decree/order in computing limitation for appeals, revision and review.
A contract, which is formed without the free consent of the parties, is
- aVoid ab initio
- bVoid
- cIllegal
- dVoid at the instance of the party whose consent was not free.
Answer & solution
Correct answer: D
Under S.19 of the Indian Contract Act, when consent is caused by coercion, fraud or misrepresentation the contract is voidable at the option of the party whose consent was not free; option (d) describes a voidable contract.
Goodwill of a partnership business is the property of the partnership:
- aUnder section 14
- bUnder section 13
- cUnder section 12
- dUnder section 11
Answer & solution
Correct answer: A
Section 14 of the Indian Partnership Act, 1932 expressly declares that, subject to contract, the property of the firm includes the goodwill of the business.
Estoppel
- aIs a cause of action in itself
- bCreates a cause of action
- cBoth (a) nor (b) is correct
- dNeither (a) nor (b) is correct
Answer & solution
Correct answer: D
Estoppel (S.115 Evidence Act) is merely a rule of evidence; it is neither a cause of action in itself nor does it create one, so neither (a) nor (b) is correct.
A notice Under Section 111 of the Transfer of Property Act, 1882 can be waived:
- aBy express or implied consent of the person to whom it is given
- bBy implied consent of the person to whom it is given
- cBy express consent of the person to whom it is given
- dBy notice from either party
Answer & solution
Correct answer: A
Under S.111 read with S.112 of the Transfer of Property Act, 1882, a notice to determine a lease can be waived by the express or implied consent of the person to whom it is given (followed by an act showing intention to treat the lease as subsisting).
On the death of a sole proprietor, his/her heirs automatically become the partners of the old firm. The statement is:
- aTrue
- bPartly true
- cFalse
- dNone of these
Answer & solution
Correct answer: C
A sole proprietorship has no partners; on the proprietor's death the heirs do not automatically become partners of an 'old firm' (there being none), so the statement is false.
Which is correct?
- aproposal +acceptance= promise
- bpromise+consideration=agreement
- cagreement +enforceable=contract
- dAll of the above
Answer & solution
Correct answer: D
All three equations reflect the Contract Act definitions (S.2): proposal+acceptance=promise, promise+consideration=agreement, and agreement+enforceability=contract, so all are correct.
A garnishee order is an order-
- aProhibiting the judgement debtor from making any payment to the judgement debtor
- bDirecting the decree holder to take the payment from the judgement debtor’s debtor
- cBoth (a) and (b)
- dNone of these
Answer & solution
Correct answer: C
A garnishee order both prohibits the garnishee (judgment-debtor's debtor) from paying the judgment-debtor and directs him to pay the decree-holder instead, so both (a) and (b) are correct (Order XXI Rule 46 CPC).
Section 12(1) (a) of the Hindu Marriage Act is related to
- aImpotency
- bMental disorder
- cFraud
- dNone of these
Answer & solution
Correct answer: A
Section 12(1)(a) of the Hindu Marriage Act, 1955 makes a marriage voidable where it has not been consummated owing to the impotence of the respondent.
In a usufructuary mortgage, the mortgagee is placed in possession of the property and has right to receive rents and profits front it till :
- aContract is rescinded
- bPeriod of 99 years
- cMongage money is repaid
- dPeriod of 30 years
Answer & solution
Correct answer: C
In a usufructuary mortgage (S.58(d) TPA), the mortgagee remains in possession and enjoys the rents and profits in lieu of interest/principal until the mortgage money is repaid.
In terms ofSection 3 of the Limitation Act, the court is required to consider the question of Limitation :
- aWhen an objection on that point is made by the defendant
- bOnly if it is not contested by the defendant
- cIf an issue is framed in that regard
- dSuo motu on its own
Answer & solution
Correct answer: D
Section 3 of the Limitation Act, 1963 requires the court to dismiss a time-barred suit/appeal/application even though limitation has not been set up as a defence, i.e. the court must consider limitation suo motu.
Both husband and wife are competent for and against each other :
- aIn civil proceedings
- bIn criminal proceedings
- cIn both civil and criminal proceedings
- dNeither in civil nor in criminal proceedings
Answer & solution
Correct answer: C
Under S.120 of the Indian Evidence Act, the husband and wife are competent witnesses for and against each other in both civil and criminal proceedings.
Which of the following is the correct meaning of ’’Privity of Contract” :
- aParties must maintain privacy of contract
- bThe main object of the contract should be maintained
- cOnly parties know under what circumstances it was made
- dOnly parties to a contract can sue on it
Answer & solution
Correct answer: D
The doctrine of privity of contract means that only parties to a contract can sue or be sued upon it; a stranger to the contract cannot.
The doctrine of subrogation enables:
- aA third person to stand in the shoes of a creditor
- bCreditor to sue the debtor
- cThe debtor to postpone the payment
- dIncludes all these
Answer & solution
Correct answer: A
Subrogation (e.g. S.92 TPA / S.140 Contract Act) enables a third person (such as a surety or person paying off the debt) to step into the shoes of the creditor and enforce his rights.
Consider the following statements with regard to “uberrima fides” It falls within the class of cases which require utmost good faith Every contract is a contract “uberrima fides” Contact of insurance is an instance of “Uberrima fides” of these statements
- a(a), (b) and (c) correct;
- b(a) and (c) are correct;
- c(b) and (c) are correct.
- d(a) and (b) are correct;
Answer & solution
Correct answer: B
Statements (a) and (c) are correct: uberrima fides cases require utmost good faith and insurance is the classic instance; statement (b) is wrong because not every contract is one of uberrima fides.
Go e the meaning of “Puerile”
- aWithdraw
- bCharge
- cChildish
- dFramework of ship
Answer & solution
Correct answer: C
'Puerile' means childish or immature.
The group of words which is most similar in meaning to the word ‘Vanished’ is
- aGood missing
- bWas found
- cWas killed
- dWas left behind
Answer & solution
Correct answer: A
'Vanished' means disappeared; among the options, 'gone/went missing' is the closest in meaning.
From the following words, the mis-splt word is
- aRelinquish
- bIlluminant
- cExdoes
- dDependency
Answer & solution
Correct answer: C
'Exdoes' is not a real word (intended 'exodus' is misspelt); the other three are correctly spelt, so (c) is the mis-spelt word.
The word which is most opposite in meaning to the word ‘Random’ is
- aAccidental
- bHaphazard
- cIncidental
- dDeliberate
Answer & solution
Correct answer: D
'Random' means done without method or by chance; its opposite is 'Deliberate' (accidental, haphazard and incidental are synonyms).
One who walks in sleep is
- aHypocrite
- bImposter
- cSomnambulist
- dSarcastic
Answer & solution
Correct answer: C
One who walks in sleep is a 'somnambulist'.
Antonym for ‘MARVELLOUS” is
- aAwful
- bContentious
- cFictitious
- dMalicious
Answer & solution
Correct answer: A
'Marvellous' means wonderful/excellent; its antonym is 'Awful' (terrible).
Synonym of “BLEMISH” is
- aEvil
- bAttraction
- cBlot
- dVirtue
Answer & solution
Correct answer: C
'Blemish' means a flaw or stain; its synonym is 'Blot'.
Choose the word which best express the meaning of ‘veracity’
- aTruth
- bFreedom
- cWisdom
- dLoyalty
Answer & solution
Correct answer: A
'Veracity' means truthfulness or truth.
Monkeys are able to move quickly. They are very……………
- aHasty
- bAgile
- cPrompt
- dRapid
Answer & solution
Correct answer: B
Quick and nimble movement is best described as 'agile'; agility specifically denotes the ability to move quickly and easily.
………the most important event in India’s history was the revolution of 1857.
- aThe
- bIt was the
- cThat the
- dThere was
Answer & solution
Correct answer: A
The sentence is correctly completed by the definite article 'The': 'The most important event in India's history was the revolution of 1857.'
In the case of an accused facing inquiry or trial though not of unsound mind but not capable of understanding the proceedings:
- aThe court shall proceed with the inquiry or trial;
- bThe court shall not proceed with the inquiry or trial;
- cThe court may proceed with the inquiry or trial after obtaining necessary orders from the High Court
- dThe court may proceed with inquiry or trial and in the case the same result in conviction, forward the proceeding to the High Court along with a report on which High court shall pass such orders as deemed fit.
Answer & solution
Correct answer: B
Under S.329 CrPC, where the accused, though not of unsound mind, is incapable of understanding/making his defence, the court must record a finding and postpone further proceedings, i.e. it shall not proceed with the inquiry or trial.
Exclusion of time of proceeding bona fide in Court without jurisdiction is stipulated in:
- aSection 13
- bSection 14
- cSection 15
- dSection 16
Answer & solution
Correct answer: B
Section 14 of the Limitation Act, 1963 provides for exclusion of time spent prosecuting a proceeding bona fide in a court without jurisdiction (or other cause of a like nature).
In computing the period of limitation for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded under:
- aSection 12(1)
- bSection 12(2)
- cSection 12(3)
- dSection 12(4)
Answer & solution
Correct answer: B
Section 12(2) of the Limitation Act, 1963 excludes the time requisite for obtaining a copy of the decree, sentence or order (and, for setting aside an award, the time requisite for obtaining a copy of the award).
Where once the time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it under:
- aSection 9
- bSection 10
- cSection 11
- dSection 6
Answer & solution
Correct answer: A
Section 9 of the Limitation Act, 1963 lays down that once time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it.
Section 18 of the limitation act deals with:
- aEffect of payment on account of debt or of interest on legacy
- bEffect of acknowledgement in writing
- cEffect of acknowledgement of payment by another person
- dEffect of fraud or mistake
Answer & solution
Correct answer: B
Section 18 of the Limitation Act, 1963 deals with the effect of acknowledgement in writing made before the expiration of the prescribed period, which gives a fresh period of limitation.
Directions (Question 156-160): Pick out the most effective word from the given word to fill in the blank to make the sentences meaningfully complete. As a general rule, politicians do not……centre stage
- aFoster
- bForsake
- cForgive
- dForward
Answer & solution
Correct answer: B
'Forsake' means to abandon/leave; politicians do not abandon (forsake) centre stage. It fits the sense and is the most apt word.
Indications are that the Government is….. To the prospect of franting bonus to the striking employees.
- aRelieve
- bAligned
- cObliged
- dReconciled
Answer & solution
Correct answer: D
'Reconciled to the prospect of...' is the idiomatic collocation meaning to accept (something) as inevitable; the Government is reconciled to granting bonus.
the …….study on import of natural gas from Iran through pipeline would be complete shortly.
- aNatural
- bEconomic
- cFeasibility
- dCalculated
Answer & solution
Correct answer: C
'Feasibility study' is the standard collocation for assessing the viability of a project such as importing gas through a pipeline.
Man is……, however, he is more in need of mental companionship than of physical companionship.
- aBiological
- bEgoistic
- cGregarious
- dDemocratic
Answer & solution
Correct answer: C
'Gregarious' means sociable/fond of company, contrasting with the following clause about mental versus physical companionship.
We still have not given our…..to conduct the survey of natural resources in our state.
- aConsent
- bRequest
- cProvision
- dProjection
Answer & solution
Correct answer: A
'Consent' is the noun that fits 'given our consent to conduct the survey'; it is the standard collocation.
Directions (Questions 161-165): In each of these questions, out of the four given alternatives choose the one which best expresses the meaning of the given word. APLOMB
- aAdventure
- bAssurance
- cA powerful bomb
- dFaer
Answer & solution
Correct answer: B
APLOMB means self-confidence or composure; 'Assurance' is the closest synonym.
RISQUE
- aSlightly humorous
- bSlightly improper
- cSlightly risky
- dVery risky
Answer & solution
Correct answer: B
RISQUE means slightly indecent or liable to shock; 'Slightly improper' is the correct meaning.
ILLICIT
- aNot sociable
- bNot legible
- cNot legal
- dNot attractive
Answer & solution
Correct answer: C
ILLICIT means forbidden by law; 'Not legal' is the correct meaning.
COMPLEMENT
- aTo complete
- bWords of praise
- cA grammatical category
- dA geographical category
Answer & solution
Correct answer: A
COMPLEMENT (as distinct from 'compliment') means something that completes; 'To complete' is correct.
OCULIST
- aOne who makes optical instruments
- bOne who possesses occult knowledge
- cA specialist in the treatment of ent diseases
- dA specialist in the treatment of the disease of the eye
Answer & solution
Correct answer: D
An OCULIST is an eye specialist (ophthalmologist); 'A specialist in the treatment of the disease of the eye' is correct.
………is the law of peace
- aNational law
- bLex Loci
- cJus Remedium
- dNone of these
Answer & solution
Correct answer: D
Stem is garbled; no option ('National law', 'Lex Loci', 'Jus Remedium') is the recognised term for 'law of peace'. Best guess is 'None of these'.
‘ULTRA VIRES’ is a term used for
- aA document corrupted by virus
- bBeyond the scope of power allowed or granted by a charter or by Law
- cAn act authorised by Law
- dAn illegal act.
Answer & solution
Correct answer: B
ULTRA VIRES means 'beyond the powers' — an act beyond the scope of power allowed or granted by a charter or by law.
Which one of the following statements is correct? The power of judicial review means the power of the supreme court to:
- aSet aside any executive decision if it is against statutory law
- bSet aside any provision of law if it is contrary to the Fundamental Rights
- cExamine constitutional validity of any administrative action as well as legislative provision and strike it down if not found in accordance with the Constitutional provisions
- dReview its own decision or decisions of any court or tribunal within the territory of India
Answer & solution
Correct answer: C
Judicial review is the power to examine the constitutional validity of any administrative action as well as legislative provision and strike it down if not in accordance with the Constitution.
Who among the following unable to maintain herself due to physical abnormality cannot claim maintanacne under section 125 Cr.PC/
- aIllegitimate minor unmarried daughter
- bIllegitimate major married daughter
- cIllegitimate minor married daughter
- dIllegitimate major unmarried daughter
Answer & solution
Correct answer: B
Under the proviso to s.125(1) CrPC, a child who has attained majority can claim maintenance for physical/mental abnormality only if 'not being a married daughter'; thus an illegitimate major married daughter is excluded.
Test identification parades are held at the instance of
- aThe Metropolitan Magistrate
- bStation House Officer
- cInquiring Officer
- dComplainant
Answer & solution
Correct answer: A
A test identification parade is held by/at the instance of a Magistrate (Metropolitan/Judicial Magistrate) to lend it evidentiary value; it is not conducted by the SHO or investigating officer.
Under section 620A Cr.PC , a person can be arrested
- aIn case of commission of offence in the presence of a police officer
- bOn credible information about commission of an offence punishable with imprisonment for more than seven years
- cOn a complaint by a victim, when a police officer has reasons to believe that the concerned person has committed the offence
- dUnder all these circumstances
Answer & solution
Correct answer: A
'Section 620A' does not exist in the CrPC (OCR error, likely meant s.41); of the choices, arrest for an offence committed in the presence of a police officer is the clearest lawful ground. Stem is corrupt.
A police officer may arrest somebody accused of an offence
- aTo prevent such person from committing any further offence
- bFor proper investigation of the case
- cTo prevent tampering of evidence
- dAll of the above
Answer & solution
Correct answer: D
Under s.41(1) CrPC, the grounds for arrest include preventing further offences, ensuring proper investigation, and preventing tampering with evidence — all of the above.
For recording a confession, the Magistrate should
- aGet the person arrested
- bSummon the complaint
- cInform such person about the accusation against him
- dInform such person that he is not bound to make a confession
Answer & solution
Correct answer: D
Under s.164 CrPC, before recording a confession the Magistrate must explain to the person that he is not bound to make a confession and that it may be used against him.
To insure fairness and accuracy in a test Identification Parade, the requirements is
- aParading persons of same social status
- bParading persons of same or similar physical appearance along with the suspect
- cParading be done in presence of all the witnesses simultaneously
- dNone of the above
Answer & solution
Correct answer: B
Fairness in a TIP requires parading persons of the same or similar physical appearance along with the suspect (typically with dummies in adequate ratio); witnesses must view separately, not simultaneously.
A criminal court shall not take cognizance of an offence after the expiry of
- aSix months, if the punishment does not exceed one year imprisonment
- bOne year, if the punishment does not exceed one year imprisonment
- cThree years, if the punishment does not exceed one year imprisonment
- dThree months, if the punishment does not exceed one year imprisonment
Answer & solution
Correct answer: B
Under s.468(2) CrPC, where the offence is punishable with imprisonment for a term not exceeding one year, the limitation period for taking cognizance is one year (six months applies only to fine-only offences).
The period of limitation for taking cognizance of an offence starts
- aFrom the date of the offence
- bFrom the date of the arrest of the suspect
- cFrom the date of the lodging of the case
- dFrom the date of the surrender of the accused
Answer & solution
Correct answer: A
Under s.469(1)(a) CrPC, the period of limitation commences, in the usual case, from the date of the offence.
For constituting double jeopardy
- aThe person should have been tried by court of competent jurisdiction
- bHe should have been convicted
- cHe should have been acquitted
- dNone of the above
Answer & solution
Correct answer: A
The first and essential requirement of double jeopardy (Art. 20(2) Constitution; s.300 CrPC) is a prior trial by a court of competent jurisdiction; a trial by an incompetent court does not bar a fresh trial. Conviction or acquittal is a further requirement, but the threshold and indispensable condition is trial by a competent court.
FIR is not a substantive evidence; it can be used during trial
- aTo corroborate the informant
- bTo contradict the informant
- cBoth (a) and (b)
- dNeither (a) nor (b)
Answer & solution
Correct answer: C
An FIR is not substantive evidence; under s.157 Evidence Act it may corroborate, and under s.145 Evidence Act it may contradict, its maker/informant. Hence both (a) and (b).
Under section 311 of Cr.PC, a witness can be called
- aOn the motion of the prosecution
- bOn the motion of the defence
- cA can be accused of murder
- dA can be accused of attempt to murder
Answer & solution
Correct answer: A
Options (c) and (d) are OCR garbage carried over from Q180 and do not fit s.311 CrPC. Under s.311 the court may summon/recall a witness on its own motion or on a party's motion; among the given options, prosecution's motion (a) is correct. Defence motion (b) is equally valid, but the option set is corrupted; best available answer is (a).
Anticipatory bail under section 438 Cr.PC can be granted by
- aMetropolitan Magistrate
- bCourt of sessions
- cHigh Court
- dBoth (b) and ©
Answer & solution
Correct answer: D
Anticipatory bail under s.438 CrPC may be granted only by the High Court or the Court of Session, not by a Magistrate. Hence both (b) and (c).
A is working in a field with a spade. The iron head of the spade files off and hits a person who dies
- aA cannot be prosecuted of any offence
- bA can be accused of murder
- cA can be accused of attempt to murder
- dA’s act is not an offence if it is found that he had taken proper caution
Answer & solution
Correct answer: A
The flying off of the spade-head causing death is an accident in doing a lawful act by lawful means with proper care and caution, excused under s.80 IPC; there is no mens rea, so A cannot be prosecuted for any offence. (Classic illustration to s.80 IPC.)
Right of Private defence extends to
- aDefence of body only
- bDefence of property
- cDefence of both and property
- dCannot say
Answer & solution
Correct answer: C
The right of private defence extends to defence of both body (s.97 read with s.100/s.101 IPC) and property (s.97 read with s.103/s.104 IPC).
The right of private defence of the body can extend to causing death
- aIn case of apprehension of grievous hurt and death
- bIn case of apprehension of being raped
- cIn case of assault with the intention of kidnapping or abducting
- dAll of the above
Answer & solution
Correct answer: D
Under s.100 IPC the right of private defence of the body extends to causing death in the enumerated cases, including apprehension of death/grievous hurt, rape, and assault with intent to kidnap/abduct. Hence all of the above.
Culpable homicide is not murder, if it is committed
- aUnder intoxication
- bIn anger
- cWithout planning
- dOn grave and sudden provocation
Answer & solution
Correct answer: D
Exception 1 to s.300 IPC: culpable homicide is not murder if the offender, deprived of self-control by grave and sudden provocation, causes the death. Mere intoxication/anger/lack of planning are not statutory exceptions.
A on provocation by B, Kills C,B’s child
- aA can be charged for murder
- bA cannot be charged for murder
- cB is guilty of abetment
- dNone of the above
Answer & solution
Correct answer: A
Exception 1 to s.300 IPC requires the death to be of the person who gave the provocation (or by mistake/accident). Here B provoked but A killed C, B's innocent child, so the exception does not apply and A can be charged for murder.
If a child under 12 years of age is abandoned by his parents and the child dies, the parents can be prosecuted for
- aMurder
- bculpable homicide not amounting to murder
- cFor offence under section 317 of the IPC
- dAll of the above
Answer & solution
Correct answer: C
Exposure/abandonment of a child under 12 by its parent or person in care is an offence under s.317 IPC; where death results that offence subsists (and could attract higher charges only if causation/intent for homicide is proved). Among the options, the correct specific offence is s.317 IPC.
A makes an attempt to steal some jewels by breaking open a box, but finds none. A is guilty of
- aTheft
- bBurglary
- cDacoity
- dNone of the above
Answer & solution
Correct answer: D
Breaking open a box to steal jewels but finding none is an attempt to commit theft (s.511 read with s.379 IPC), not completed theft/burglary/dacoity. Hence 'none of the above'.
A finds Rs. 1000/- note on the road. He has no idea as to whom the Rs. 1000/- note belongs. He picks up the note. A has committed.
- aTheft
- bMisappropriation of property
- cAttempt to theft
- dHas not committed any offence
Answer & solution
Correct answer: D
Merely picking up a found note, not knowing the owner, with no dishonest intent to misappropriate at that moment, is not an offence. Criminal misappropriation under s.403 IPC arises only if he later dishonestly retains it after means of finding the owner are available (Explanation 2 to s.403). On these bare facts, no offence is committed.
Which of the following is not “Grievous Hurt”?
- aPermanent privation of the hearing of either ear
- bDislocation of a both
- cEmasculation
- dAny hurt which causes the sufferer bodily pain for ten days
Answer & solution
Correct answer: D
Under s.320 IPC, grievous hurt by duration requires the sufferer to be in severe bodily pain or unable to follow ordinary pursuits for twenty days, not ten. Emasculation, permanent privation of hearing, and dislocation of a bone are all listed as grievous hurt; bodily pain for ten days is not.
A statement made by any person to a officer in the course of investigation:
- aIf duly proved can be used as substantive evidence by the accused and the prosecution
- bIf duly proved can be used by the accused and the prosecution to contradict such witness
- cIf duly proved can be used by the accused and the prosecution to corroborate such witness
- dNone of the above
Answer & solution
Correct answer: B
A statement to a police officer in the course of investigation (s.161 CrPC) is hit by s.162 CrPC: it is not substantive evidence and may be used only to contradict the prosecution witness who made it (in the manner provided by s.145 Evidence Act), at the instance of the accused (and, to that extent, by prosecution with court's leave). It cannot be used to corroborate.
In case the offence is punishable with both imprisonment and fine, maximum sentence that can be awarded by the court in default of payment of fine is
- aEqual to the term of imprisonment which is the maximum fixed for the offence
- bHalf of the term of imprisonment which is the maximum fixed for the offence
- cone-third of the term of imprisonment which is the maximum fixed for the offence
- done -fourth of the term of imprisonment which is the maximum fixed for the offence
Answer & solution
Correct answer: D
Under s.30 IPC (proviso/principle reflected in s.65 IPC), where the offence is punishable with both imprisonment and fine, the imprisonment in default of fine shall not exceed one-fourth of the maximum term of imprisonment fixed for the offence.
Provisions of chapter -XXI-A Cr.PC are not applicable to cases where the final report discloses. Offences punishable for death Offences punishable for imprisonment of life Offences punishable for a term exceeding seven years’ imprisonment Offences punishable for a term exceeding three years’ imprisonment Which of the following is correct?
- a(a), (c) & (d)
- b(b),(c) & (d)
- c(a), (b) & (C)
- d(a),(b) & (d)
Answer & solution
Correct answer: C
Plea bargaining under Chapter XXIA (s.265A CrPC) does NOT apply to offences punishable with death, imprisonment for life, or imprisonment exceeding seven years. Thus the inapplicable categories are (a) death, (b) life, and (c) exceeding seven years = option (a),(b)&(c).
When six men and women extort Rs. 1000/- from a teenager putting him to fear of instant hurt by showing a knife, the offence (s) committed by them would be:
- aExtortion
- bRobbery
- cDacoity
- dAll of the above
Answer & solution
Correct answer: C
When five or more persons conjointly commit robbery, the offence is dacoity (s.391 IPC). Here six men and women extort by putting the victim in fear of instant hurt (robbery, s.390), and being five or more, it is dacoity. Dacoity being the gravest, the offence committed is dacoity.
Which of the following acts does not relate to offences affecting the socio-economic condition of the country as notified under sub-section (2) of section 265 A Cr.PC?
- aThe Explosives Act, 1884
- bThe immoral Traffic (Prevention) Act, 1956
- cThe Arms Act, 1959
- dThe Cinematograph Act, 1952
Answer & solution
Correct answer: D
The Central Government notification (S.O. 1042(II) dated 11.07.2006) under s.265A(2) CrPC lists offences affecting the socio-economic condition of the country, including the Explosives Act 1884, the Immoral Traffic (Prevention) Act 1956 and the Arms Act 1959. The Cinematograph Act 1952 is NOT in that notified list.
The offence of “stalking” is punishable under:
- aSection 354A IPC
- bSection 354B IPC
- cSection 354C IPC
- dSection 354D IPC
Answer & solution
Correct answer: D
Stalking is defined and punishable under s.354D IPC (inserted by the Criminal Law Amendment Act, 2013). (s.354A is sexual harassment, 354B disrobing, 354C voyeurism.)
The report of which of the following experts is not admissible per se
- aDirector of the Finger Print Bureau
- bPost Mortem Report by a Board of doctors
- cChief Controller of Explosives
- dSerologist to the Government
Answer & solution
Correct answer: B
Under s.293 CrPC, reports of certain Government scientific experts (e.g. Chemical Examiner, Serologist, Fingerprint Bureau Director, Chief Controller of Explosives) are admissible per se without examining them. A post-mortem report by a doctor is not within s.293's list and is not admissible per se; the doctor must ordinarily be examined.
A, with six others, commits the offences of rioting, grievous hurt and assaulting a public servant endeavouring in the discharge of his duty as such to suppress rioting. A may be separately charges with, and convicted of, offences under sections:
- a107, 324 & 353
- b147,325 & 152
- c353,326A & 34
- d148, 152 & 323
Answer & solution
Correct answer: D
Rioting while armed/by an unlawful assembly is s.147/148 IPC; assaulting/obstructing a public servant in suppressing a riot is s.152 IPC; voluntarily causing hurt is s.323 IPC. Option (d) 148, 152 & 323 correctly maps these distinct offences (s.220 CrPC permits separate charges).
Which of the following is a primary evidence:
- aCopies made from and compared with the original
- bCounterpart of document as against the parties who did not execute them
- cCounterpart of document as against the parties who executed it
- dCertified copies of a document
Answer & solution
Correct answer: C
Under s.62 Evidence Act, primary evidence means the document itself produced for inspection; Explanation 2 provides that where a document is executed in counterpart, each counterpart is primary evidence as against the parties who executed it. Copies compared with or certified from the original are secondary evidence.
The period for limitation for taking cognizance for an offence punishable Under Section 379 IPC is:
- aSix months
- bOne year
- cThree years
- dNo limitation
Answer & solution
Correct answer: C
Theft under s.379 IPC is punishable with imprisonment up to three years. Under s.468(2)(c) CrPC, where the offence is punishable with imprisonment exceeding one year but not exceeding three years, the limitation for taking cognizance is three years.
statements of a person who is dead or cannot be found is not relevant:
- aWhen it is made in the course of business
- bWhen it is in favour of the interest of the maker
- cWhen it relates to the circumstances of the transaction resulting in his death
- dWhen it relates to existence of relationships
Answer & solution
Correct answer: B
Under s.32 Evidence Act, statements of a dead/untraceable person are relevant when against the maker's pecuniary or proprietary interest (s.32(3)), not in his favour. A statement made in favour of the maker's own interest is NOT relevant. (Dying declaration s.32(1), business records s.32(2), relationship s.32(5)/(6) are relevant.)
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