Jharkhand Judiciary — Prelims 2014

Correct answer: B

All four words ('Relinquish', 'Illuminant', 'Exodus', 'Dependency') appear correctly spelt in the transcribed options, so the original misspelling did not survive OCR; the intended trap word is most plausibly 'Illuminant'. Flagged as OCR-dependent.

Correct answer: A

Gynaephobia/gynophobia means an abnormal fear of women (Greek 'gyne' = woman).

Correct answer: D

'Random' means haphazard/by chance; its opposite is 'Deliberate' (planned, intentional). Accidental, haphazard and incidental are synonyms.

Correct answer: A

Necessary, Fundamental and Essential all denote indispensability; 'Peripheral' (marginal, of secondary importance) is the odd one out.

Correct answer: C

A 'somnambulist' is one who walks in his sleep (Latin somnus = sleep, ambulare = to walk).

Correct answer: B

'I was standing' = was/were + present participle, which is the Past Continuous tense.

Correct answer: B

The phrasal verb 'get through' means to make contact by telephone; the rest do not fit.

Correct answer: B

'He is slow but he is honest' joins two independent clauses with the coordinating conjunction 'but'. The others use subordinating conjunctions (lest, if, although).

Correct answer: B

'Thrashing' (a severe beating) is most similar to 'Beating'.

Correct answer: A

'Vanished' means disappeared, most similar to 'Gone missing'.

Correct answer: B

Maharashtra was the first State to establish the Lokayukta institution, under the Maharashtra Lokayukta and Upa-Lokayuktas Act, 1971, operative from 25 Oct 1972.

Correct answer: C

International Workers' Day (May Day) is observed on 1st May.

Correct answer: B

Per the Flag Code, the ratio of the width (height) to the length of the National Flag is 2:3.

Correct answer: D

Law Day (Constitution Day/Samvidhan Divas) is observed on 26th November, the date the Constitution was adopted in 1949.

Correct answer: A

The State of Jharkhand was established on 15th November 2000 (birth anniversary of Birsa Munda).

Correct answer: A

By area, Rajasthan is the largest State in India (~342,239 sq km).

Correct answer: C

The joule is the SI unit of energy (and work). Heat is a form of energy also measured in joules, but the standard answer is energy.

Correct answer: B

Antibiotics destroy/inhibit disease-causing germs (bacteria); they destroy body germs.

Correct answer: D

Akbar was born on 15 October 1542 at Amarkot (Umerkot, in present-day Sindh, Pakistan).

Correct answer: C

The Tax Reform Commission (Raja J. Chelliah Committee, 1991) was constituted by the Ministry of Finance, Government of India.

Correct answer: B

Under Section 47 CPC, all questions arising in execution, including whether a person is the representative of a party, are determined by the court executing the decree, not by a separate suit.

Correct answer: C

Under Section 60(1) proviso (i) CPC, first Rs 1,000 of salary is exempt and two-thirds of the remainder; only one-third of the balance is attachable. For Rs 10,000: (10,000 - 1,000) = 9,000; one-third = Rs 3,000.

Correct answer: A

In an interpleader suit (Section 88, Order 35 CPC) two or more persons claim the same property adversely to each other, and the holder, claiming no interest, asks the court to decide who is entitled.

Correct answer: C

Section 51 CPC lists modes of execution: delivery of property, attachment and sale, arrest and detention, appointment of receiver. Serving summons on the party is not a mode of execution.

Correct answer: C

Under the Explanation to Order 9 Rule 13 CPC, the bar on a set-aside application applies only when the appeal is disposed of on a ground 'other than' withdrawal. Where the appellant withdraws the appeal, the application under Order 9 Rule 13 remains maintainable.

Correct answer: C

Order 22 Rule 9(1) CPC bars a fresh suit on the same cause of action where a suit abates or is dismissed under Order 22; hence no fresh suit shall be brought.

Correct answer: C

The Appellate Court does have power to take additional evidence under Order 41 Rule 27 CPC, so the statement that it has no such power is the incorrect one.

Correct answer: B

Order 39 Rule 2A CPC: for disobedience/breach of an injunction, detention in civil prison shall not exceed three months.

Correct answer: C

Order 6 Rule 18 CPC: if no time is fixed, a party who obtained leave to amend must amend within 14 days, failing which it cannot amend without leave of the court.

Correct answer: B

Order 22 Rule 6 CPC: where a party dies after conclusion of the hearing and before pronouncement of judgment, the suit shall not abate notwithstanding the death.

Correct answer: B

Section 115 CPC is the revisional jurisdiction provision; revision applications are filed under it.

Correct answer: A

Section 80 CPC requires two months' (60 days') notice before instituting a suit against the Government or a public officer.

Correct answer: A

Section 133 CPC provides exemption from personal appearance in court for certain dignitaries.

Correct answer: A

Section 92 CPC governs suits in respect of public charities (public charitable or religious trusts).

Correct answer: B

Order 33 CPC deals with suits by indigent persons.

Correct answer: A

Order 37 CPC lays down the summary procedure for suits on negotiable instruments and certain debts.

Correct answer: D

Section 37 CrPC obliges every person to assist a Magistrate or police officer in arrest/preventing escape, in prevention/suppression of breach of peace, and in preventing injury to public property including railways, canals, etc. — all of the above.

Correct answer: B

In a cognizable offence the police have all powers to investigate including the power to arrest without warrant (Sections 41 and 156 CrPC).

Correct answer: C

Section 468 CrPC: for an offence punishable with imprisonment not exceeding one year, the period of limitation for taking cognizance is one year.

Correct answer: C

Under the proviso to Section 167(2) CrPC, an Executive Magistrate may authorise detention for a term not exceeding seven days in the aggregate.

Correct answer: D

Under Section 125 CrPC a father can claim maintenance only from a child unable to maintain himself; a physically and mentally able adult son is not entitled to maintenance (and an able-bodied adult son cannot claim it either).

Correct answer: D

Section 70(2) CrPC: a warrant of arrest remains in force until it is cancelled by the issuing court or until it is executed.

Correct answer: A

Section 84(1) CrPC: claims or objections to attachment of property of a proclaimed person must be preferred within six months from the date of attachment.

Correct answer: C

Section 144 CrPC empowers a Magistrate to issue orders, including those in the nature of injunctions, in urgent cases of nuisance or apprehended danger.

Correct answer: A

Section 139 CrPC empowers a Magistrate (in proceedings under Section 133) to direct a local investigation by a person appointed for the purpose.

Correct answer: D

Section 106 CrPC empowers a Court of Session or a First Class (Judicial) Magistrate, on convicting an accused of specified offences, to require security for keeping the peace.

Correct answer: D

Section 110 CrPC authorises requiring security for good behaviour from habitual offenders for a period not exceeding three years.

Correct answer: D

Section 164 CrPC permits recording a confession in the course of investigation, but before the commencement of inquiry or trial.

Correct answer: C

In a warrant case instituted on a police report (Section 238 onwards CrPC), the trial commences with the framing of the formal charge under Section 240.

Correct answer: C

Under Section 162 CrPC, a statement recorded by police under Section 161 during investigation is not signed by the person making it.

Correct answer: B

Section 271 CrPC empowers the court to issue a commission (under s.284) for examination of a witness confined or detained in a prison.

Correct answer: A

Section 306 CrPC provides for tender of pardon to an accomplice to obtain evidence; the court may tender pardon before judgment is pronounced (s.307 allows tender after committal/during trial).

Correct answer: A

Under Section 132 of the Indian Evidence Act, a witness shall not be excused from answering a relevant question merely because the answer may criminate him; he is compelled to answer, with the proviso barring use of such answer for arrest/prosecution (except for false evidence).

Correct answer: A

Estoppel is defined under Section 115 of the Indian Evidence Act, 1872.

Correct answer: A

Section 112 (legitimacy as conclusive proof of birth during marriage) is a conclusive presumption, i.e. a presumption of law.

Correct answer: A

Section 159 of the Indian Evidence Act permits a witness to refresh memory by referring to a writing made by himself at the time of the transaction or soon afterwards.

Correct answer: A

Leading question is defined in Section 141 of the Indian Evidence Act, 1872.

Correct answer: B

Section 124 of the Indian Evidence Act protects a public officer from being compelled to disclose communications made to him in official confidence (s.123 deals with unpublished State records).

Correct answer: B

Under Section 106 of the Indian Evidence Act, the fact (possession of a ticket) being especially within the accused's knowledge, the burden of proving it lies on him; this is the textbook illustration to s.106.

Correct answer: B

Section 90 uses 'may presume' — the court may presume due execution/attestation of a 30-year-old document from proper custody; it is discretionary, not mandatory.

Correct answer: C

A certified copy of a registered sale deed is admissible only to prove that an original document was registered; it does not prove execution of the original, which must be separately proved.

Correct answer: A

Under Section 30 of the Indian Evidence Act, the confession of one accused may be taken into consideration against a co-accused only when they are tried jointly for the same offence.

Correct answer: B

Under Section 68 proviso of the Evidence Act (for documents required to be attested, including a Will), it is sufficient to call at least one attesting witness to prove execution, unless execution is specifically denied by the executant's representative.

Correct answer: A

Flagged: the four substantive conditions for computer output to be admissible are in s.65B(2), while the certificate requirement is in s.65B(4). This paper's key marks 65B(4) (option a) as the provision governing admissibility of computer output as a document; arguably 65B(2). Best guess (a).

Correct answer: A

Under Section 32(5) of the Evidence Act, a statement of a deceased person as to the existence of any relationship (and date of birth in a family letter) is a relevant fact; this is the standard illustration.

Correct answer: D

Judicially noticed facts (s.56), admitted facts (s.58) and confessions need not be proved; only a relevant fact, to be used, must be proved by evidence.

Correct answer: C

Section 45 makes expert opinion relevant on foreign law, science, art, handwriting or finger impressions. The court takes judicial notice of domestic (Indian) law, so expert opinion on a point of domestic law is not relevant.

Correct answer: C

Section 5 of the Indian Evidence Act provides that evidence may be given of the existence or non-existence of facts in issue and relevant facts.

Correct answer: D

Consideration need not be adequate (Explanation 2 to s.25); it must move at the desire of the promisor, be real/valuable and lawful, but adequacy is not essential.

Correct answer: C

Contingent contracts are dealt with in Chapter III, Sections 31 to 36 of the Indian Contract Act, 1872.

Correct answer: C

Under Section 59 of the Indian Contract Act, where a debtor pays with an intimation as to which debt the payment applies, the intimation may be express or implied.

Correct answer: A

A tender (notice inviting tenders) in a newspaper is an invitation to offer (invitation to treat), not an offer; the bidders make the offers.

Correct answer: A

Section 2(e): every promise and every set of promises forming the consideration for each other is an agreement.

Correct answer: B

An agreement to discover treasure by magic is void under Section 56 (agreement to do an impossible act); this is the standard illustration.

Correct answer: A

Section 2(h) of the Indian Contract Act, 1872 defines 'contract' as an agreement enforceable by law.

Correct answer: D

Section 2(d) of the Indian Contract Act, 1872 defines 'consideration'.

Correct answer: D

Section 25 lays down 'an agreement without consideration is void'; the opening words 'Agreement without consideration, void...' appear in Section 25, of which clause (1) is among the exceptions. Among the given options Section 25 is the only one stating this rule, so 25(1) is the keyed choice.

Correct answer: B

Section 20 deals with an agreement where both parties are under a mistake as to a matter of fact essential to the agreement; such an agreement is void.

Correct answer: C

Section 128 provides that the liability of the surety is co-extensive with that of the principal debtor, unless otherwise provided by the contract.

Correct answer: C

Section 56 provides that an agreement to do an act impossible in itself is void.

Correct answer: C

Pledge is the bailment of goods as security for payment of a debt or performance of a promise (Section 172); it is a special kind of bailment.

Correct answer: A

In kidnapping from lawful guardianship (Section 361 IPC), the consent of the minor is wholly immaterial; only the consent of the lawful guardian matters.

Correct answer: A

Since A deals only in coconut oil, the subject of the agreement is certain (50 tons of coconut oil); the agreement is not uncertain under Section 29 and is enforceable by law.

Correct answer: A

An agreement to marry during the lifetime of a subsisting spouse is against public policy/unlawful object under Section 23 and is void; bigamy is also unlawful.

Correct answer: D

This is the illustration to Section 445 IPC: entering by opening a lock with a found key constitutes 'housebreaking'.

Correct answer: A

Acts covered by the General Exceptions in Chapter IV of the IPC are not offences (Section 6), so no punishment is awarded.

Correct answer: A

Virsa Singh v. State of Punjab, AIR 1958 SC 465, laid down the four-fold test for clause 'thirdly' of Section 300 IPC.

Correct answer: C

Putting a person in fear of injury to dishonestly induce delivery of property is extortion under Section 383 IPC.

Correct answer: D

A mere omission to save a stranger, in the absence of any legal duty to act, is no offence under the IPC.

Correct answer: B

Common intention under Section 34 IPC signifies a pre-arranged plan / prior meeting of minds before the act is done (Mahbub Shah v. Emperor).

Correct answer: A

Causing disappearance of evidence to screen an offender, where the offence is punishable with death (murder), attracts Section 201 IPC: imprisonment up to seven years and fine.

Correct answer: A

This is the illustration to Section 378 IPC; A's dishonest taking of Z's property without Z's consent is theft, notwithstanding the wife's delivery.

Correct answer: C

Theft under Section 378 IPC concerns only movable property; immovable property is not an essential element (indeed cannot be subject of theft).

Correct answer: C

Abduction under Section 362 IPC applies to 'any person', whether minor or major.

Correct answer: D

Kidnapping from lawful guardianship (Section 361 IPC) requires a minor, intention/taking by the accused, and absence of the guardian's consent; 'beyond the control of lawful guardian' is not an essential element.

Correct answer: A

Attempt to commit robbery or dacoity when armed with a deadly weapon is punished under Section 393/398; among the options, attempt to commit robbery is Section 393. (Section 391 defines dacoity; attempt to dacoity falls under Section 393's scheme of attempt to robbery.) Keyed answer is Section 393.

Correct answer: C

Bachan Singh v. State of Punjab (1980) settled the 'rarest of rare' doctrine for awarding the death sentence.

Correct answer: D

Under Section 100 IPC, the right of private defence of the body extends to causing death where there is an act of throwing/administering acid causing reasonable apprehension of grievous hurt (Seventhly).

Correct answer: C

Gang rape is punished under Section 376D IPC (as inserted by the Criminal Law (Amendment) Act, 2013).

Correct answer: D

Under Section 43 IPC, 'illegal' applies to everything which is an offence, prohibited by law, or furnishes ground for a civil action; that which is merely immoral is not 'illegal'.