Gujarat Judiciary — Prelims 2020

Correct answer: A

This is illustration (a) to Section 102 of the Indian Evidence Act: as B would retain possession if no evidence were given on either side, A would fail; therefore the burden of proof is on A.

Correct answer: C

Voluntarily causing hurt to extort a confession or to compel restoration of property is the classic illustration of Section 330 IPC (voluntarily causing hurt to extort confession or to compel restoration of property).

Correct answer: B

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

Correct answer: B

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

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 under Section 154 CrPC.

Correct answer: A

'Flipped through' (to look quickly at the pages of a magazine) is the correct phrasal verb. Options (a) and (c) are duplicates; the intended answer is 'Flipped through'.

Correct answer: D

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

Correct answer: A

Section 149 of the Indian Contract Act, 1872 is titled 'Delivery to bailee how made'—delivery may be made by doing anything that puts the goods in the bailee's possession.

Correct answer: A

Under Section 6 of the Sale of Goods Act / Section 20 of the Contract Act, where goods have, without the knowledge of the seller, perished at the time the agreement was made, the agreement is void (mutual mistake as to existence of subject-matter).

Correct answer: D

SI = P x R x T / 100, so 90 = P x 5 x 3 / 100 = 15P/100; P = 9000/15 = Rs. 600.

Correct answer: A

Order 16A, Rule 6 CPC provides that the officer in charge of the prison shall cause the prisoner to be taken to and kept in custody in or near the Court until examined.

Correct answer: D

The false statement is (d): Section 34 IPC requires at least two persons sharing common intention, whereas Section 149 (unlawful assembly) requires at least five persons—the option reverses these requirements.

Correct answer: B

Under Order 2 Rule 2 CPC (whole claim to be included in the suit), a plaintiff who omits to sue for part of his claim relinquishes that part and cannot afterwards sue for the omitted instalments.

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 that the abettor was present—hence all of these.

Correct answer: B

'On the same page' means to be in agreement; the correct meaning is 'Agree'. (Option (a) is the misplaced instruction line.)

Correct answer: C

'Beating around the bush' means avoiding the main point—'Not coming to the point'.

Correct answer: B

When a file is saved for the first time it must be given a name to identify it.

Correct answer: D

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

Correct answer: A

Statements, rumours or reports made with intent to cause mutiny or an offence against the public peace are punishable under Section 505 IPC (statements conducing to public mischief).

Correct answer: D

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

Correct answer: B

Joy, Happy and Anxiety are emotions/feelings (nouns/states of feeling); 'Clever' denotes an intellectual quality and is the odd one out.

Correct answer: C

Autrefois acquit / double jeopardy (Section 300 CrPC; Article 20(2)) bars a person from being tried again for the same offence after acquittal or conviction—'when a person is tried again for the same offence'.

Correct answer: A

'Felicitate' (to congratulate) is correctly spelt; 'Felicitats' is wrong. 'Facilitate' is also correct but appears as a duplicate (b/d); the uniquely correct intended spelling among the variants is 'Felicitate'.

Correct answer: D

Section 296 CrPC provides that evidence of any person whose evidence is of a formal character may be given by affidavit and read in evidence.

Correct answer: D

The correct provision for setting off the period of detention against the sentence is Section 428 CrPC, but none of the options (286, 128, 588, 289) matches it—the options appear OCR-corrupted/from the old 1898 Code; best available guess is (d) Section 289.

Correct answer: B

Article 27 of the Schedule to the Limitation Act, 1963 ('for compensation for breach of a promise to do anything at a specified time, or upon the happening of a specified contingency') prescribes a limitation period of three years.

Correct answer: A

Ctrl+Z is the universal keyboard shortcut to undo the last action.

Correct answer: A

Under the Gujarat Prohibition Act, 1949 (as amended in 2011), 'Lath/Laththa' is defined as spurious liquor containing methanol or any other poisonous substance harmful to the human body.

Correct answer: A

Section 239 of the Code of Criminal Procedure, 1973 deals with when the accused shall be discharged (in warrant cases instituted on a police report).

Correct answer: B

In MS-Word the default page orientation for printing a document is Portrait.

Correct answer: D

A partition suit results in a preliminary decree (declaring shares) and a final decree (effecting actual division by metes and bounds); hence both (A) and (C). See Order 20 Rule 18 CPC.

Correct answer: A

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

Correct answer: A

An eye winks; a heart throbs. The analogy matches a characteristic rhythmic action of the organ, so Throb.

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.

Correct answer: B

The idiom 'drifted apart' means gradually became less close, which fits friends separating after going to different universities.

Correct answer: A

A writ of Habeas Corpus is the appropriate remedy to challenge illegal detention and secure production of the detained person before the court.

Correct answer: A

OCR-broken options: (a), (b) and (c) all read 'Dispatch' (the correct spelling) and only (d) 'Dyspatch' is wrong; the correct spelling is Dispatch, so (a).

Correct answer: A

Dr. Sarvepalli Radhakrishnan was among the first three recipients of the Bharat Ratna in 1954 and is regarded as the first Indian conferred the honour (along with C. Rajagopalachari and C.V. Raman).

Correct answer: C

Section 331 IPC punishes voluntarily causing grievous hurt to extort confession/property or to compel restoration, etc. (Section 330 covers simple hurt for the same purpose.)

Correct answer: A

Article 94 of the Limitation Act, 1963 applies to setting aside a transfer of immovable property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment; it does not cover Christian endowments. Hence (I) Hindu religious endowment is covered.

Correct answer: C

Under the General Exceptions (good-faith apprehension of an apparent murderer in the act, akin to Section 79 IPC), A commits no offence even if it later turns out Z was acting in self-defence.

Correct answer: C

Using computer workstations to send and receive messages is Electronic mail (e-mail).

Correct answer: B

In 35796->44887 each digit is alternately +1/-1 (3+1=4,5-1=4,7+1=8,9-1=8,6+1=7). Applying to 46823: 4+1=5,6-1=5,8+1=9,2-1=1,3+1=4 = 55914.

Correct answer: C

Series 25,27,31,37,45,55 has increasing differences 2,4,6,8,10; next difference 12 gives 55+12=67.

Correct answer: C

Stem and options are OCR-broken/incomplete (mixed CPC and constitutional fragments). The only CPC provision among the options is Order 6 Rule 10(1) regarding pleadings, so best guess (c).

Correct answer: A

Stem is truncated (replacement man's weight unknown). Standard form of this classic problem yields the new man's weight = 70 kg; best guess (a).

Correct answer: B

Section 6 of the Indian Evidence Act, 1872 embodies the principle of Res Gestae (facts forming part of the same transaction).

Correct answer: C

The tangible (physical) part of a computer system is the Hardware.

Correct answer: D

Stem is OCR-truncated and the four enumerated ingredients (I-IV) are not shown; for Section 116 IPC both parts (abetment and the offence not being committed/ingredients) must be proved, so the all-inclusive option (I, II, III, IV) is the best guess (d).

Correct answer: A

Under Section 178A of the Indian Contract Act, 1872, where the pawnor obtained possession under a voidable contract not yet rescinded, the pawnee acquires a good title to the goods if he acts in good faith without notice of the defect.

Correct answer: D

Order 22 Rule 4 CPC governs the procedure on death of one of several defendants or of a sole defendant, providing for bringing the legal representatives on record.

Correct answer: D

Section 58 of the Indian Contract Act, 1872 deals with an alternative promise, one branch being legal and the other illegal; only the legal branch can be enforced.

Correct answer: A

Section 139 of the Negotiable Instruments Act, 1881 raises the presumption that the holder of a cheque received it for the discharge, in whole or in part, of any debt or other liability.

Correct answer: A

The Internet is the classic example of a WAN (Wide Area Network), spanning the globe; LAN/MAN cover smaller areas and 'intranet' is a private network.

Correct answer: C

Additional evidence is evidence let in at the appeal stage after the trial has closed in the lower court (Order 41 Rule 27 CPC / Section 391 CrPC), allowed only in special circumstances.

Correct answer: D

Section 153A CPC confers power to amend a decree or order where an appeal is summarily dismissed under Order 41 Rule 11, allowing the trial court to amend under Section 152.

Correct answer: C

Under Section 6(2) of the Limitation Act, 1963, where disabilities co-exist or a fresh disability supervenes, time does not begin to run until all the disabilities have ceased; option (c) ('till any one of the disabilities has ceased') is the only fully-formed choice closest to the statute as printed.

Correct answer: C

Touch-screen kiosks are typically used for displaying interactive information at public places like malls, airports and stations.

Correct answer: A

Stem is truncated ('procedure in...'), so the exact subject of the Gujarat Prohibition Act section cannot be confirmed; best guess Section 99 (search/seizure procedure).

Correct answer: A

Section 278 IPC penalises voluntarily vitiating the atmosphere in any place so as to make it noxious to the health of persons dwelling, doing business or passing nearby.

Correct answer: B

Stem is truncated, so the specific provision referenced is unclear; the 42nd Amendment (1976) is the most-asked sweeping amendment, hence best guess (b).

Correct answer: C

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

Correct answer: C

An extra-judicial confession is especially weak when made before a co-accused, since it lacks independent corroborative value against the maker or others.

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: C

The proviso to Section 157(1) CrPC requires that in rape cases the victim's statement be recorded at her residence or place of her choice, as far as practicable by a woman police officer in the presence of her parents/guardian/near relatives/social worker; hence both (A) and (B).

Correct answer: B

Section 200 IPC punishes using as true any declaration known to be false, which is by law receivable as evidence.

Correct answer: A

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

Correct answer: A

Order 8 Rule 9 CPC governs subsequent pleadings, allowing further pleadings only with leave of the court or when the court requires a written/additional written statement.

Correct answer: A

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