Gujarat Judiciary — Prelims 2019

Correct answer: A

Turpitude means depravity/wickedness; its antonym is 'Saintly behaviour'.

Correct answer: C

Differences increase by 2: +2,+4,+6,+8,+10,+12. So 55+12 = 67.

Correct answer: C

Additional evidence is evidence let in on appeal after the trial has closed in the lower court; a privilege allowed only under special circumstances (Order 41 Rule 27 CPC / Section 391 CrPC).

Correct answer: C

Section 249 CrPC empowers the Magistrate to discharge the accused on the absence of the complainant (before charge, where offence is compoundable or non-cognizable).

Correct answer: A

Under Section 102 of the Evidence Act burden lies on the party who would fail if no evidence were given; since B (in possession) would retain the land, the burden of proof is on A.

Correct answer: A

Under Section 178A of the Contract Act, where the pawnor obtained possession under a voidable contract not rescinded at the time of pledge, the pawnee (acting in good faith) acquires a good title to the goods.

Correct answer: C

A police officer torturing/hurting Z to extort a confession commits an offence under Section 330 IPC (voluntarily causing hurt to extort confession).

Correct answer: A

Making the atmosphere noxious to health is dealt with under Section 278 IPC.

Correct answer: C

Section 2(m) of the Limitation Act, 1963 defines 'tort' as a civil wrong which is not exclusively the breach of a contract or the breach of a trust.

Correct answer: D

The right to maintenance under Section 125 CrPC is a personal right created by the criminal court's order, creates no charge on property, and the maintenance cannot be made alienable — hence all of these are true.

Correct answer: A

The intersection of a row and a column in a spreadsheet is called a cell.

Correct answer: A

The 44th Amendment Act, 1978 omitted Article 31 (which dealt with compulsory acquisition of property) and deleted the right to property as a fundamental right, replacing it with Article 300A.

Correct answer: B

The correctly spelled word is 'Facilitate' (option b).

Correct answer: A

An extra-judicial confession is regarded as weak especially when made before a person with whom the accused had no previous contact.

Correct answer: B

44887 - 35796 = 9091 (constant added). So 46823 + 9091 = 55914.

Correct answer: A

Article 25 of the Limitation Act, 1963 prescribes the period for money payable for interest upon money due from the defendant to the plaintiff (3 years from when interest becomes due).

Correct answer: A

False statements/rumours circulated with intent to cause mutiny or offence against public peace are dealt with under Section 505 IPC (statements conducing to public mischief).

Correct answer: C

Touch screen kiosks are commonly used for displaying information at public places.

Correct answer: B

Using as true any declaration knowing it to be false is dealt with under Section 200 IPC.

Correct answer: D

Principal = SI×100/(R×T) = 90×100/(5×3) = 9000/15 = Rs. 600.

Correct answer: B

'Drifted apart' means to gradually become less close — correct for friends going to different universities.

Correct answer: A

For illegal detention by the police, the appropriate writ is Habeas Corpus, which commands production of the detained person before the court.

Correct answer: D

Order 22 Rule 4 CPC governs the death of one of several defendants or the sole defendant, providing for substitution of the legal representative.

Correct answer: B

'Manifest' means clear or obvious; its synonym is 'Evident'.

Correct answer: B

Under Section 6(2) of the Limitation Act, 1963, where several disabilities co-exist or a further disability supervenes, time will not commence till both (all) the disabilities have ceased.

Correct answer: A

Section 239 CrPC provides that in a warrant case instituted on a police report, if upon consideration the Magistrate finds the charge groundless, he shall discharge the accused.

Correct answer: C

The tangible (physical) components of a computer system are collectively called hardware; software is intangible.

Correct answer: A

Under the Bombay Prohibition (Gujarat Amendment) Act, 'Laththa' is defined as spurious liquor containing methanol or any other poisonous substance.

Correct answer: B

An FIR is the earliest and first information of a cognizable offence recorded by the officer in charge of a police station (Section 154 CrPC).

Correct answer: D

'Inimitable' means matchless/incapable of being imitated; its antonym is 'Ordinary'.

Correct answer: B

Order 8 Rule 6 CPC requires the defendant to give particulars of a set-off in the written statement, which then has the effect of a plaint in a cross-suit.

Correct answer: D

Section 153A CPC gives the court of first instance power to amend the decree/order under Section 152 where the appeal has been summarily dismissed under Order 41 Rule 11.

Correct answer: D

A partition suit ordinarily proceeds in two stages, producing both a preliminary decree (declaring shares) and a final decree (effecting actual division by metes and bounds).

Correct answer: A

Options array is empty/missing in the source, so the intended key cannot be selected. Computationally the new person's weight = 80 + (10 x 3) = 110 kg; whichever option equals 110 kg is correct.

Correct answer: A

Order 16A Rule 6 CPC requires the officer in charge of the prison to cause the named prisoner to be brought to and kept in custody in or near the court.

Correct answer: A

An eye winks; correspondingly a heart throbs (its characteristic rhythmic action).

Correct answer: A

To be 'on the same page' is an idiom meaning to be in agreement.

Correct answer: B

Section 100 of the Gujarat Prohibition Act, 1949 lays down the procedure in confiscation (Section 98 lists things liable to confiscation; Section 99 deals with return to bona fide owners).

Correct answer: A

The Internet spans across countries/continents and is the classic example of a Wide Area Network (WAN).

Correct answer: B

By default, MS Word prints documents in Portrait orientation.

Correct answer: A

Section 25 of the Indian Evidence Act bars confessions made to a police officer; for its application the statement must amount to a confession.

Correct answer: D

Section 114 IPC (abettor present when offence committed) requires abetment by the accused, that the act was committed in pursuance of the abetment, and the accused's presence at the time of commission - all of these.

Correct answer: C

'Flipped through' means to browse/turn the pages of a magazine, which fits the context.

Correct answer: A

Section 139 NI Act raises the presumption that the holder of the cheque received it for the discharge, in whole or in part, of any debt or other liability, unless the contrary is proved.

Correct answer: B

Section 6 of the Indian Evidence Act embodies the doctrine of res gestae - facts forming part of the same transaction are relevant.

Correct answer: C

Using computer workstations to send and receive messages is electronic mail (email).

Correct answer: D

Under subsequent conduct (relevant under Section 8 of the Evidence Act), change of life, evasion of justice, and fear/trembling are all material - all of these.

Correct answer: D

Section 58 of the Indian Contract Act, 1872 deals with an alternative promise one branch of which is illegal, in which case only the legal branch is enforceable.

Correct answer: A

'Dispatch' is the correct spelling; option (d) 'Dyspatch' is wrong (options a/b/c are printed identically in the OCR, so any of those is the intended correct choice).

Correct answer: A

Section 141 of the Indian Evidence Act defines a leading question as one suggesting the answer which the person putting it wishes or expects to receive.

Correct answer: B

Under Order 2 Rule 2 CPC, a plaintiff who sues for only one matured instalment and relinquishes/omits the claim for the other due instalments cannot afterwards sue for them; the whole claim arising from one cause of action must be included.

Correct answer: D

Evidence of formal character by affidavit is actually Section 296 CrPC, which is not among the options; the nearest related affidavit provision present is Section 295 (affidavit in proof of conduct of public servant), so option (d) is the best available guess. Likely an option-printing error.

Correct answer: A

Dr. Sarvepalli Radhakrishnan was among the first recipients of the Bharat Ratna in 1954 (along with C. Rajagopalachari and C.V. Raman); he is the only first-batch awardee listed.

Correct answer: B

Section 428 CrPC provides that the period of detention undergone by the accused during investigation, inquiry or trial shall be set off against the term of imprisonment imposed on conviction.

Correct answer: A

Standard editions of the Limitation Act 1963 Schedule give Article 27 (possession on forfeiture/breach of condition) a 12-year period, which is not among the options; given the year-only options the intended answer is likely 'one year', so (a) is the best guess. Numbering/options appear inconsistent with the current Schedule.

Correct answer: A

Under Section 116 IPC (abetment of an offence punishable with imprisonment, where the offence is not committed), the first part requires proof that the accused abetted the offence by instigation, conspiracy or intentional aiding; option (a) correctly states this limb.

Correct answer: D

The Tropic of Cancer (23.5 N) passes through India, traversing eight states; the Equator, Arctic Circle and Tropic of Capricorn do not.

Correct answer: B

Joy, Happy and Anxiety are emotional states; 'Cleaver' is a physical object (a tool), making it the odd one out.

Correct answer: C

This is the illustration to the general exception (good faith, mistake of fact, Section 79 IPC): A, apprehending what appears to be a murderer in good faith exercise of the power law gives all persons, commits no offence even if Z turns out to have acted in self-defence.

Correct answer: A

Expedient means suitable, convenient and advantageous for a particular purpose.

Correct answer: C

The proviso to Section 157 CrPC requires, for rape offences, that the victim's statement be recorded at her residence or place of her choice and, as far as practicable, by a woman police officer in the presence of her parent/guardian/near relative/social worker; both (A) and (B) are correct.

Correct answer: A

Section 149 of the Indian Contract Act, 1872 deals with how delivery to a bailee is made: by doing anything which has the effect of putting the goods in the possession of the bailee or of any person authorised to hold them on his behalf.

Correct answer: A

Article 94 of the Limitation Act 1963 covers transfers of property comprised in a Hindu, Muslim OR Buddhist religious/charitable endowment (not Christian); since options (a), (b) and (c) all qualify and only Christian is excluded, the question is defective. Hindu religious endowment (a) is taken as the intended/safest single answer.

Correct answer: C

Autrefois acquit (and the double jeopardy bar under Section 300 CrPC / Article 20(2)) arises when a person is tried again for the same offence after a prior acquittal or conviction.

Correct answer: C

'Beating around the bush' is an idiom meaning to avoid the main topic and not come straight to the point.

Correct answer: D

Statement (d) is false: Section 149 IPC (unlawful assembly) requires at least five persons sharing a common object, whereas Section 34 requires at least two persons sharing a common intention; option (d) reverses these requirements.

Correct answer: A

Article 51A of the Constitution of India (inserted by the 42nd Amendment) enumerates the Fundamental Duties of citizens.

Correct answer: A

Under Section 20 of the Contract Act (mistake of fact as to a matter essential to the agreement) and Section 6 of the Sale of Goods Act (goods perishing before the contract without the knowledge of either party), the agreement is void.

Correct answer: A

Section 329 IPC punishes voluntarily causing grievous hurt to extort property/valuable security or to constrain a person to do anything illegal or which may facilitate an offence.

Correct answer: B

When a file is saved for the first time it must be given a name (and location) to identify it so it can be stored and retrieved.

Correct answer: A

CTRL+Z is the standard keyboard shortcut to undo the last action.

Correct answer: A

Order 8 Rule 9 CPC deals with subsequent pleadings (no pleading subsequent to the written statement other than by way of defence to set-off or counterclaim shall be presented except by leave of the Court).

Correct answer: B

Section 63 of the Indian Evidence Act, clause (2), lists as secondary evidence copies made from the original by mechanical processes which in themselves ensure accuracy, and copies compared with such copies.

Correct answer: C

Section 75A of the Negotiable Instruments Act 1881 excuses delay in presentment for acceptance or payment where it is caused by circumstances beyond the holder's control and not imputable to his default, misconduct or negligence.

Correct answer: A

Article 20(2) of the Constitution embodies the rule against double jeopardy: no person shall be prosecuted and punished for the same offence more than once.