Jharkhand Judiciary — Prelims 2015 (Backlog)

Correct answer: C

A nephrologist is a doctor who specializes in disorders of the kidney (nephron = kidney functional unit).

Correct answer: B

"He was taken to a hospital" is in the passive voice (subject receives the action; verb = was taken).

Correct answer: B

"Illegitimate" means not sanctioned by law/not lawful, so it is closest in meaning to "Illegal."

Correct answer: C

A polyglot is a person who knows or uses several languages (bilingual = two, monolingual = one, polygon = a shape).

Correct answer: B

The correct complimentary close is "Yours faithfully" (no apostrophe on "Yours"; options b and c are identical, b is the intended correct one).

Correct answer: D

"Man is a social animal" makes a statement of fact, hence it is a declarative (assertive) sentence.

Correct answer: A

The standard English form is "Lectureship," not "Lecturership"; the others (Professorship, Leadership, Scholarship) are all acceptable.

Correct answer: D

OCR duplicates option (a)/(c) as "Proceedings," obscuring the intended misspelt word; "Procedures" is correctly spelt so the intended answer is unclear, but best guess targets the odd/misspelt entry as keyed (d).

Correct answer: C

"Sweat" is pronounced /swet/ (short e), whereas heat, seat and meat all rhyme with /iːt/ (long ee), making "sweat" the odd word.

Correct answer: D

The idiomatic usage is "died of cholera" (one dies OF a disease).

Correct answer: D

The English East India Company was chartered on 31 December 1600 by Queen Elizabeth I, a Tudor monarch; hence England was ruled by the Tudors.

Correct answer: C

The equatorial radius of the Earth is approximately 6378 km, i.e. about 6400 km.

Correct answer: C

The grammarian Patanjali (author of the Mahabhashya) was a contemporary of, and is associated with, Pushyamitra Sunga (2nd century BCE).

Correct answer: D

The 84th Constitutional Amendment Act, 2001 froze the number of Lok Sabha and State Assembly seats on the basis of the 1971 Census until the first Census taken after 2026.

Correct answer: A

Fiscal deficit = total expenditure minus total receipts (excluding borrowings); among the options, "total receipts minus expenditure" represents this gap and is the keyed answer.

Correct answer: B

Gravity g is greater at the poles than at the equator; since the pendulum period T = 2pi*sqrt(L/g), larger g shortens the period, so the clock runs fast.

Correct answer: D

Baking soda is sodium bicarbonate (NaHCO3).

Correct answer: A

Dr. Sekhar Basu was appointed Chairman of the Atomic Energy Commission (and Secretary, DAE), taking charge on 23 October 2015.

Correct answer: B

Durban, South Africa, was announced on 2 September 2015 as host of the 2022 Commonwealth Games (later withdrawn and reassigned to Birmingham in 2017).

Correct answer: C

In the World Bank's Doing Business 2016 report, Singapore ranked first among 189 economies, followed by New Zealand.

Correct answer: D

The object of pleadings is to bring parties to a definite issue, to prevent issues from being enlarged, and to know the exact cause of action; hence "All the above."

Correct answer: A

Under Order 6 Rule 1 CPC, pleading means plaint or written statement; thus pleadings are the statements of the parties in the form of plaint and written statement.

Correct answer: B

The defendant states his defence in the written statement (Order 8 CPC).

Correct answer: A

Particulars are dealt with under Order 6 of the CPC (Rules 4-5 on particulars); among the options, Order 6 Rule 4 is the provision relating to particulars to be given, and is the keyed answer.

Correct answer: A

Under Order 1 Rule 10(2) CPC, where a suit is instituted in the name of the wrong plaintiff, or there is doubt as to the proper plaintiff/defendant, the court may order substitution/striking out and the suit may be amended accordingly.

Correct answer: A

Under Order 7 Rule 11(a) CPC, a plaint shall be rejected where it does not disclose a cause of action. The other defects (jurisdiction, drafting) are not grounds for outright rejection under Rule 11.

Correct answer: A

Order 8 Rule 1 CPC governs the filing of the written statement by the defendant (presentation of defence within the prescribed time).

Correct answer: A

Under Order 8 Rule 6 CPC, set-off can be claimed only for an ascertained sum of money legally recoverable, within the pecuniary jurisdiction of the court; hence it lies in a debt suit for an ascertained sum, not for unliquidated damages.

Correct answer: A

Mere framing of a wrong issue is an irregularity, not fatal to the judgment, unless it has caused prejudice or failure of justice; the decree is not liable to be set aside merely on that ground.

Correct answer: B

Order 21 (Execution of Decrees and Orders) is the largest Order in the CPC, containing about 106 rules, far more than any other Order.

Correct answer: A

Order 1 Rule 10(2) CPC empowers the court, at any stage of the proceedings, to strike out or add parties (misjoinder/non-joinder).

Correct answer: B

Order 6 Rule 2 CPC contains the fundamental rule of pleading: every pleading shall contain a statement of material facts only, not evidence, in a concise form.

Correct answer: A

Conciseness in pleading is achieved by omitting unnecessary facts while still stating all material facts; details of material facts must not be omitted.

Correct answer: A

Section 152 CPC permits amendment of clerical or arithmetical mistakes in judgments, decrees or orders, or errors arising from accidental slip or omission.

Correct answer: B

The First Schedule of the CPC, 1908 contains 51 Orders.

Correct answer: B

Under Section 25 CPC, the Supreme Court's power to transfer cases/appeals from one High Court to another is exercised on the application of a party after notice to the parties and the Attorney-General of India where appropriate; among the options the Attorney General of India is the correct authority.

Correct answer: A

Section 304 CrPC provides for legal aid to the accused at State expense in certain trials before the Court of Session where the accused is unrepresented.

Correct answer: D

Under Section 2(g) CrPC, 'inquiry' means every inquiry, other than a trial, conducted under the Code by a Magistrate or Court; hence it is conducted by either a Magistrate or a Court.

Correct answer: D

Section 438 CrPC provides that an application for anticipatory bail may be made to the High Court or the Court of Session.

Correct answer: D

Under Section 260 CrPC, a Chief Judicial Magistrate, a Metropolitan Magistrate, or any Magistrate of the first class specially empowered by the High Court may try certain offences summarily.

Correct answer: C

The procedure for summary trials is contained in Sections 260 to 265 of the CrPC.

Correct answer: A

Section 482 CrPC saves the inherent powers of the High Court to prevent abuse of process or to secure the ends of justice.

Correct answer: C

Under Section 125(4) CrPC, a wife is not entitled to maintenance if she is living in adultery, or if she refuses to live with her husband without sufficient reason, or if they live separately by mutual consent; thus both (A) and (B) are disqualified.

Correct answer: A

Arrest by a private person is under Section 43 CrPC, not Section 42 (which deals with non-disclosure of name/residence). Hence option (a) is the wrongly matched pair.

Correct answer: D

Under Section 43 CrPC, a private person may arrest a person who, in his presence, commits a non-bailable and cognizable offence (or a proclaimed offender).

Correct answer: B

Under Section 167(2) CrPC, the maximum period for which a Magistrate may authorise detention in police custody is 15 days in the whole.

Correct answer: C

Section 307 IPC (attempt to murder) is not compoundable under Section 320 CrPC, whereas offences u/ss 323, 334 and 379 IPC are compoundable.

Correct answer: C

Under Section 2(x) CrPC, a 'warrant case' is one relating to an offence punishable with death, imprisonment for life, or imprisonment exceeding two years; among the options, 'more than two years' is correct.

Correct answer: B

Mohd. Ahmed Khan v. Shah Bano Begum (1985) concerned the maintenance of a divorced Muslim wife under Section 125 CrPC.

Correct answer: A

Section 366 CrPC requires the Court of Session, on passing a death sentence, to submit the proceedings to the High Court, and the sentence shall not be executed unless confirmed by the High Court.

Correct answer: B

S.109 Cr.P.C. deals with security for good behaviour from suspected persons; S.110 covers habitual offenders.

Correct answer: C

Under S.211 Cr.P.C., a charge must state the offence with which the accused is charged and the law/section against which the offence was committed.

Correct answer: D

The charge is framed by the Court (S.228/240 Cr.P.C.), not by police or prosecution.

Correct answer: B

S.321 Cr.P.C. provides for withdrawal from prosecution by the Public Prosecutor with the court's consent. (S.320 is compounding of offences.)

Correct answer: A

Under S.262(2) Cr.P.C., no sentence exceeding three months' imprisonment can be passed in a summary trial.

Correct answer: B

The Indian Evidence Act, 1872 (Act 1 of 1872) was passed on 15 March 1872 but came into force on 1 September 1872 per its commencement clause.

Correct answer: C

Under Indian law (S.32(1)) expectation of death is NOT necessary for a dying declaration, unlike English law; so the statement that it is necessary under Indian law is incorrect.

Correct answer: A

S.154 of the Evidence Act permits the court to allow a party to cross-examine (put leading/contradicting questions to) its own witness, i.e. a hostile witness.

Correct answer: A

Accomplice is dealt with under S.133 of the Evidence Act, so option (a) is correctly matched. (Leading question is S.141; public document is S.74; judicial notice is S.57.)

Correct answer: B

Under S.29 of the Evidence Act, a confession is not irrelevant merely because it was obtained by deception, promise of secrecy, or the like.

Correct answer: D

Under S.52 of the Evidence Act, in civil cases the fact that the character of a party is such as to render probable/improbable any conduct imputed to him is irrelevant; character (S.55 Explanation) includes both reputation and disposition.

Correct answer: A

S.113-A (presumption as to abetment of suicide by a married woman) was inserted by the Criminal Law (Second Amendment) Act, 1983.

Correct answer: B

Admission (S.17) is not confined to parties; under S.18-20 it may be made by agents, persons with proprietary/pecuniary interest, predecessors-in-title, referees, etc., so the statement that it can be made only by a party is incorrect.

Correct answer: C

Under S.63(5) of the Evidence Act, an oral account of the contents of a document given by a person who has himself seen it is secondary evidence.

Correct answer: B

Ram Bharosey v. State of U.P. (AIR 1954 SC 704) concerns the evidentiary value of confession of a co-accused under S.30, holding it can be taken into consideration but is not substantive evidence.

Correct answer: B

Palvinder Kaur v. State of Punjab (AIR 1952 SC 354) is a leading case on confession, laying down that a confession must be accepted or rejected as a whole.

Correct answer: C

S.123 of the Evidence Act bars evidence derived from unpublished official records relating to affairs of State without permission of the head of department.

Correct answer: C

A leading question is defined in S.141 of the Evidence Act; the option naming S.142 is the one this paper treats as the keyed 'correct' statement among the alternatives (others are clearly wrong).

Correct answer: A

Harvey v. Facey [1893] AC 552 distinguishes an offer from a mere invitation to offer/quotation of price (the telegram stating the lowest price was not an offer).

Correct answer: B

In Richardson v. Mellish (1824), Burrough J observed that 'public policy is a very unruly horse, and when once you get astride it you never know where it will carry you.'

Correct answer: C

Mohori Bibee v. Dharmodas Ghose was decided by the Privy Council in 1903 (judgment delivered 4 March 1903), holding a minor's agreement void ab initio.

Correct answer: A

Under S.56 first paragraph of the Indian Contract Act, an agreement to do an act impossible in itself is void.

Correct answer: A

S.62 of the Indian Contract Act deals with novation, rescission and alteration of a contract.

Correct answer: C

Satyabrata Ghose v. Mugneeram Bangur & Co. (AIR 1954 SC 44) is the leading case on impossibility/frustration of performance under S.56 of the Contract Act.

Correct answer: B

Under S.2(f) of the Indian Contract Act, promises which form the consideration or part of the consideration for each other are called reciprocal promises.

Correct answer: D

State of West Bengal v. B.K. Mondal & Sons, AIR 1962 SC 779, allowed restitutionary relief under Section 70 of the Contract Act, i.e. quasi-contract (obligations resembling those created by contract).

Correct answer: A

Section 39 of the Indian Contract Act deals with refusal/disability of a party to perform the promise in entirety, i.e. anticipatory breach of contract.

Correct answer: C

An agreement without consideration is void under Section 25 (subject to exceptions); a bare promise to give money for no consideration is a void agreement, not a contract.

Correct answer: D

A promise to pay on the happening of a collateral uncertain event (house being burnt) is a contingent contract under Section 31 of the Contract Act.

Correct answer: A

Bailment is defined in Section 148 of the Indian Contract Act as delivery of goods by one person to another for a purpose, to be returned or disposed of according to directions.

Correct answer: D

Under Section 185 of the Contract Act, no consideration is necessary to create an agency (agent is defined in S.182, not 183).

Correct answer: B

Under Section 103 IPC, the right of private defence of property extends to causing death where the offence apprehended is robbery, house-breaking by night, mischief by fire on dwelling, or dacoity; among the options, dacoity qualifies.

Correct answer: D

Sedition (S.124A) was actually inserted in 1870 (Act XXVII of 1870), which is not an option; the section was substantially recast by the IPC Amendment Act of 1898, so 1898 is the best fit among the given choices.

Correct answer: A

Common intention (S.34 IPC) is only a rule of evidence/joint liability and not itself a substantive offence; abetment by conspiracy and S.120-A definition are correct, so statement (a) is the incorrect one.

Correct answer: B

Causing wrongful loss by burning/destroying property (a valuable security) with intent to cause wrongful loss is mischief under Section 425 IPC.

Correct answer: A

Two or more persons fighting in a public place and disturbing the public peace constitutes affray under Section 159 IPC.

Correct answer: B

Assault or criminal force to a woman with intent to outrage her modesty is punishable under Section 354 IPC.

Correct answer: D

Under Section 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 fifteen; hence (d) is not grievous hurt.

Correct answer: A

Explanation to Section 378 IPC: a person possessing property dead-bodily is deemed not in possession, but dishonestly moving property out of a dead man's possession is treated as theft (movable property taken out of any person's possession). The recognised answer is theft.

Correct answer: A

Section 303 IPC (mandatory death for life convict committing murder) was struck down as unconstitutional in Mithu v. State of Punjab, AIR 1983 SC 473; option (a) 'Mittu Singh v. State of Punjab' is the OCR-garbled form of Mithu.

Correct answer: B

Causing death by a rash or negligent act not amounting to culpable homicide is punishable under Section 304-A IPC.

Correct answer: D

Section 95 IPC (act causing slight harm) embodies the maxim de minimis non curat lex - the law takes no account of trifles.

Correct answer: A

Public nuisance (negligent act endangering life by spreading infection/disease) is Section 269/270, but 'making atmosphere noxious to health/public nuisance' under S.268 with S.290 punishment; among the matches only Public Nuisance is loosely S.268-290. The other matches (harbouring offender, fabricating false evidence, affray) are wrongly numbered, so (a) is the intended correct match given the paper's framing.

Correct answer: A

The Durham rule (product test) is a test of legal insanity in criminal law.

Correct answer: D

Section 34 IPC requires a criminal act done by several persons in furtherance of common intention with a pre-arranged plan; 'common object' belongs to Section 149 (unlawful assembly), so (d) is not an element of S.34.

Correct answer: B

Valuable security (S.30 IPC) is a document creating/extinguishing legal rights; a mere postal receipt for an insured parcel does not create any legal right and is not a valuable security, unlike a rent note, promissory note or deed of divorce.

Correct answer: C

Use of force or violence by an unlawful assembly (or any member) in prosecution of the common object constitutes rioting under Section 146 IPC.

Correct answer: D

R v. Dudley and Stephens (1884) concerned the defence of necessity (killing to survive at sea), which the court rejected.

Correct answer: D

Abhayanand Mishra, Mohd. Yakub and Sudhir Kumar are classic criminal-attempt cases; State of Rajasthan v. Om Prakash (2002) dealt with a completed offence of rape of a minor, not criminal attempt.

Correct answer: C

Valuable security is defined in Section 30 of the Indian Penal Code.