Jharkhand Judiciary — Prelims 2018

Correct answer: A

The phrasal verb 'bears out' means to confirm/support/corroborate. Hence 'corroborates' is correct.

Correct answer: C

The standard American spelling is 'Encyclopedia'. Options (a) and (b) ('Encyclopaedia', the British spelling) are duplicated, and (d) is misspelt; the single intended correct spelling among the distinct choices is 'Encyclopedia'.

Correct answer: C

Personification gives human qualities to a non-human/abstract thing. 'Death' is given human action ('lays its icy hands'), so 'Death' is the personified word.

Correct answer: B

'Distinguished' means eminent/notable. The closest synonym is 'Eminent'.

Correct answer: B

'Let us' in direct speech becomes a proposal/suggestion in indirect speech: 'He proposed to me that we should have some tea.'

Correct answer: C

'Had died' is the past perfect tense (action completed before another past action 'arrived').

Correct answer: C

Orthopaedics is the branch of medicine dealing with bones, joints, and muscles (the musculoskeletal system).

Correct answer: A

An 'amateur' is a non-professional; the antonym is 'professional'.

Correct answer: C

To 'prosecute' means to institute legal proceedings against someone, i.e. legal action will be taken against them.

Correct answer: A

'A wild goose chase' is a foolish, futile, unprofitable pursuit.

Correct answer: B

Per Census 2011, Sikkim is the least populous State of India (about 6.1 lakh), lower than Mizoram, Arunachal Pradesh and Goa.

Correct answer: C

Palamu Tiger Reserve is the tiger reserve of Jharkhand (notified under Project Tiger). Betla is the national park within it; Hazaribagh and Dalma are wildlife sanctuaries.

Correct answer: C

Kuchipudi is the classical dance form associated with Andhra Pradesh.

Correct answer: B

Under the GST framework, CGST stands for Central Goods and Services Tax (levied by the Centre on intra-State supplies).

Correct answer: A

The Red Fort (Lal Qila) is a protected national monument of India (also a UNESCO World Heritage Site). India Gate and Rashtrapati Bhavan are not 'national monuments'; among the listed, Red Fort is the intended answer.

Correct answer: B

Pune is nicknamed the 'Queen of the Deccan' / 'Deccan Queen'.

Correct answer: C

Sucheta Kripalani became Chief Minister of Uttar Pradesh in 1963, the first woman Chief Minister of any Indian State.

Correct answer: B

Sukumar Sen was the first Chief Election Commissioner of independent India (1950-1958), who conducted the first general elections of 1951-52.

Correct answer: D

Under Article 39(1) of the ICJ Statute, the official languages of the International Court of Justice are English and French.

Correct answer: C

International Day of Yoga is celebrated on 21st June every year (declared by the UN General Assembly in 2014).

Correct answer: D

This is Illustration to Order XXXV, Rule 1 (interpleader) of the CPC. Because A's letter to C raised a fresh dispute, the agent/bailee may institute an interpleader suit against both A and C.

Correct answer: D

Under Section 13 CPC, a foreign judgment is conclusive as to any matter directly adjudicated upon between the same parties, provided it is pronounced by a court of competent jurisdiction (and the other Section 13 exceptions do not apply).

Correct answer: B

A claimed interest in the first writ petition and the court did not specifically grant (or expressly deny) it. Under Section 11, Explanation V CPC, a relief claimed but not expressly granted is deemed to have been refused; the second petition for the same interest is therefore barred by constructive res judicata.

Correct answer: D

Section 144 CPC embodies the doctrine of restitution: on variation or reversal of a decree, the court orders restitution to place parties in the position they would have occupied but for the erroneous decree.

Correct answer: A

Interveners (persons with a sufficient interest in the subject matter) are entitled to be impleaded/heard so that the controversy is effectually and completely adjudicated (cf. Order I Rule 10 CPC).

Correct answer: B

Suits on negotiable instruments such as promissory notes may be filed under the summary procedure of Order 37 CPC (Order 37 Rule 1(2)(b)).

Correct answer: C

Section 151 CPC preserves inherent powers to make orders necessary for the ends of justice or to prevent abuse of the process of the court; both purposes are recognised.

Correct answer: C

Under Section 91 CPC a suit for public nuisance may be instituted by two or more persons with the written consent of the Advocate General and the leave of the court.

Correct answer: A

Section 20 CPC (place of suing) governs civil proceedings but does not apply to arbitration proceedings, which are governed by the Arbitration and Conciliation Act, 1996.

Correct answer: D

Amendment of pleadings is permitted under Order VI Rule 17 CPC.

Correct answer: B

Under Order VII Rule 11 CPC a plaint is liable to be rejected where the suit appears to be barred by any law (e.g., barred by another statute).

Correct answer: B

Section 18 CPC governs the place of institution of a suit where the local limits of jurisdiction of courts are uncertain.

Correct answer: D

Under the proviso to Section 60(1) CPC, in execution of a decree for maintenance, salary is attachable to the extent of one-half.

Correct answer: D

Under Section 86 CPC a foreign State may be sued only with the consent of the Central Government certified in writing by a Secretary to that Government.

Correct answer: B

Under Order XVII Rule 1 CPC and its provisos, the engagement of a pleader in another court or the non-examination of a witness who is present is not a sufficient ground for adjournment.

Correct answer: C

The CrPC was last amended (as of 2018) by the Criminal Law (Amendment) Act, 2018, which received Presidential assent on 11 August 2018.

Correct answer: D

The Code of Criminal Procedure, 1973 ends at Section 484, i.e., it contains 484 sections (in 37 chapters with 2 schedules).

Correct answer: A

Per Gian Singh v. State of Punjab (2012) and Narinder Singh v. State of Punjab (2014), an FIR may be quashed under Section 482 CrPC on the basis of settlement where the offence is not heinous/serious; heinous offences cannot be quashed merely on settlement.

Correct answer: B

Section 205 CrPC empowers a Magistrate to dispense with the personal attendance of the accused.

Correct answer: A

Under Section 319 CrPC the court (Magistrate/Sessions) may add as accused any person, not named in the charge-sheet, who appears from the evidence to have committed the offence.

Correct answer: C

Under the proviso to Section 160(1) CrPC, a male person above 65 years (along with a person under 15, a woman, a mentally/physically disabled person, etc.) shall not be required to attend at any place other than his residence; thus a witness above 65 (here stated as 65 in option) cannot be compelled to attend the police station. Among the options, the only correct statement is that the officer can require attendance of witnesses above 65 — note this is a flag-worthy framing, but it is the intended key as the statute bar applies to those under 15, women, and persons above 65; best answer per official key is (c).

Correct answer: C

Under the proviso to Section 309(1) CrPC, for offences under Sections 376 to 376D IPC the inquiry or trial shall be completed within two months from the date of filing of the charge-sheet.

Correct answer: B

The rule of autrefois acquit/autrefois convict (protection against double jeopardy) is contained in Section 300 CrPC.

Correct answer: B

Section 39 CrPC imposes a public duty to inform the nearest Magistrate or police officer of the commission of certain offences, including offences under Sections 121 to 126 IPC (offences against the State).

Correct answer: C

Section 105-A and the following sections (Chapter VII-A) provide for reciprocal arrangements with foreign governments for service of summons/warrants and other judicial processes; the service-of-process provision is Section 105B read with 105A, the foundational reciprocal-arrangement section being 105A.

Correct answer: D

Under Section 125 CrPC a wife is entitled to maintenance if her husband neglects or refuses to maintain her; she is disentitled if living in adultery, refusing without sufficient reason to live with him, or living separately by mutual consent (Section 125(4)).

Correct answer: A

On receiving a police report under Section 173 CrPC the Magistrate is not bound by the IO's conclusion and may apply his mind independently and take cognizance even on a final/closure report.

Correct answer: D

Under Section 162 CrPC, a statement made to a police officer during investigation, if reduced to writing, may be used only to contradict the maker when called as a prosecution witness (subject to Section 162's provisos).

Correct answer: B

Under Section 366 CrPC, a death sentence passed by the Court of Session must be submitted to the High Court and cannot be executed unless confirmed by the High Court.

Correct answer: A

Under Section 438 CrPC, anticipatory bail is granted by the High Court or Court of Session in anticipation of arrest on accusation of a non-bailable offence.

Correct answer: C

The maxim 'quando lex aliquid alicui concedit, concedere videtur id sine quo res ipsa esse non potest' (when the law gives a power it gives also the means to make it effective) underlies the saving of inherent powers of the High Court under Section 482, CrPC.

Correct answer: C

Expert opinion on handwriting under Section 45, Evidence Act is relevant but only corroborative; it is not the sole/conclusive determinant of a document's genuineness and must be received with caution (Murari Lal v. State of M.P., AIR 1980 SC 531).

Correct answer: A

Under Section 90, the 30-year antiquity of a document is computed from the date the document is produced/tendered in court, not from the date of institution of proceedings.

Correct answer: D

A tape-recorded conversation is admissible only if it is relevant to the matters in issue and the voice on the recording is duly identified/proved to be genuine and unaltered (R.M. Malkani v. State of Maharashtra, AIR 1973 SC 157).

Correct answer: C

Under Section 10, Evidence Act, once reasonable ground to believe a conspiracy exists, anything said, done or written by any conspirator in reference to/furtherance of the common intention is relevant evidence against each of them.

Correct answer: B

Test Identification Parade is not substantive evidence; it is only corroborative of the identification made in court and is used to corroborate or contradict (Section 9 read with settled law, e.g., Malkhansingh v. State of M.P.).

Correct answer: A

Section 114A directs that the Court 'shall presume' absence of consent in specified rape prosecutions where the prosecutrix so states; this mandatory presumption is rebuttable by the accused.

Correct answer: D

Proof of customary practices is dealt with by Section 35 (entries in public/official records), Section 48 (opinion as to existence of a general custom or right) and Section 49 (opinion as to usages and tenets) of the Evidence Act.

Correct answer: D

Under Section 57, the court takes judicial notice of seals/signatures of officers only where their appointment is notified in the Official Gazette; it shall NOT take judicial notice of an officer's signature whose appointment is not so notified.

Correct answer: D

Section 61, Evidence Act: the contents of a document may be proved either by primary or by secondary evidence.

Correct answer: A

This is patent ambiguity. Under Section 93, Evidence Act, when the language of a document is on its face ambiguous/defective, evidence cannot be given to show its meaning or supply its defects (illustration of '1000 or 1500' price).

Correct answer: B

Under Section 124, Evidence Act, a public officer cannot be compelled to disclose communications made to him in official confidence if he considers that the public interests would suffer by the disclosure.

Correct answer: B

Section 133, Evidence Act: an accomplice is a competent witness against an accused person, and a conviction is not illegal merely because it proceeds on his uncorroborated testimony (though corroboration is prudent under illustration (b) to Section 114).

Correct answer: D

Under Section 137, Evidence Act, examination-in-chief is the examination of a witness by the party who calls him.

Correct answer: C

Section 165, Evidence Act empowers a Judge to put any question he pleases to witnesses or parties in order to discover or obtain proper proof of relevant facts.

Correct answer: C

A correct distinction is that Section 34 requires active participation in furtherance of common intention, whereas under Section 149 mere membership of the unlawful assembly suffices to fix vicarious liability for the common object.

Correct answer: D

Kidnapping from lawful guardianship under Section 361 IPC is a strict-liability offence as to age; the girl's apparent maturity, mistreatment by guardians, or the accused's bona fide belief that she was over 18 are no defence. None of the listed grounds is a defence.

Correct answer: B

The theft was complete the previous day; the right of private defence of property had ended and there was time to seek recourse to public authorities, so X cannot justify breaking Y's arm under the right of private defence (Sections 97-99 IPC).

Correct answer: A

Both statements are true: dacoity (Section 391 IPC) presupposes commission/attempt/aiding of robbery by five or more, and under Section 391 when several persons jointly commit robbery, each is said to commit robbery (and dacoity).

Correct answer: D

Indian courts have jurisdiction in all three situations: over offences by Indians abroad (Section 4 IPC, extra-territorial), by foreigners within India (Section 2 IPC), and by any person on an Indian ship/aircraft (Section 4 IPC).

Correct answer: C

The maxim 'actus non facit reum nisi mens sit rea' means an act does not make one guilty unless the mind is also guilty; thus a crime ordinarily requires both actus reus and mens rea. Option (a)/(b) are overbroad given statutory/strict-liability exceptions; (c) is the accurate statement of the principle.

Correct answer: C

This is illustration (d) to Section 390 IPC: A robs his own servant of the money entrusted to be carried, with intent to charge him; A commits robbery.

Correct answer: B

Entering the victim's house at night merely with intent to murder, the victim being away, makes out house-trespass (indeed house-breaking by night), but no attempt to murder since no act toward the actual killing was done in the victim's absence.

Correct answer: D

Sedition under Section 124A IPC requires bringing or attempting to bring into hatred/contempt or exciting disaffection towards the Government; mere disapproval of policies/administrative action by lawful means (Explanations 2 and 3) is not sedition.

Correct answer: D

'De minimis non curat lex' (the law does not concern itself with trifles) is reflected in Section 95 IPC: trifling acts causing only slight harm are not offences.

Correct answer: B

Preeti Gupta v. State of Jharkhand, AIR 2010 SC 3363, is the leading Supreme Court decision flagging the rampant misuse of Section 498A IPC and cautioning against roping in distant relatives without specific allegations.

Correct answer: C

Navtej Singh Johar v. Union of India (2018) read down Section 377 IPC, decriminalising consensual same-sex relations between adults; it directly concerns the constitutionality of Section 377.

Correct answer: A

Joseph Shine v. Union of India (2018) struck down Section 497 IPC (adultery) as unconstitutional; it is the case on the constitutionality of Section 497.

Correct answer: D

Mohd. Khalid v. State of West Bengal (2002) is the conspiracy case among the options, dealing with criminal conspiracy and confessional/discovery evidence; the others (Pulukuri Kottaya, Bishwanath Prasad, Jayantibhai) concern other points.

Correct answer: C

Section 82 CrPC empowers the court to publish a written proclamation requiring a person who has absconded/is avoiding execution of a warrant to appear; Section 83 deals with attachment of his property.

Correct answer: A

Section 2(a) of the Indian Contract Act, 1872 defines 'proposal' (offer). [2(b)=promise/acceptance, 2(d)=consideration, 2(e)=agreement.]

Correct answer: C

Section 2(g) of the Indian Contract Act: an agreement not enforceable by law is said to be void.

Correct answer: B

Under Section 4 of the Indian Contract Act, communication of a proposal is complete when it comes to the knowledge of the person to whom it is made.

Correct answer: D

Section 6 lists modes of revocation: notice, lapse of prescribed/reasonable time, failure of a condition precedent, and death/insanity of proposer. 'Not meeting at the time prescribed' is not a statutory mode, so this statement is not true.

Correct answer: C

Section 7 of the Indian Contract Act requires acceptance to be absolute and unqualified.

Correct answer: D

Under Section 11, persons of unsound mind, minors, and those disqualified by law from contracting are incompetent. A person merely debarred from contesting elections is not so disqualified and remains competent to contract.

Correct answer: D

Section 14: consent is free when NOT caused by coercion, undue influence, fraud, misrepresentation or mistake; i.e., it is the voluntary will of the parties. (a),(b),(c) all vitiate free consent.

Correct answer: C

Section 13 (consensus ad idem): two or more persons consent when they agree upon the same thing in the same sense.

Correct answer: B

Section 19: when consent is caused by coercion (or fraud/misrepresentation), the contract is voidable at the option of the party whose consent was so caused.

Correct answer: A

Section 24: if any part of the consideration or object is unlawful, the agreement is void.

Correct answer: B

Section 26 of the Indian Contract Act: every agreement in restraint of the marriage of any person (other than a minor) is void.

Correct answer: B

A promise to pay on the happening of an uncertain future event (B's house being burnt) is a contingent contract under Section 31 of the Indian Contract Act (this is the illustration to s.31).

Correct answer: A

Section 36: an agreement contingent on an impossible event (two straight lines enclosing a space) is void, whether or not the impossibility is known to the parties.

Correct answer: A

Section 20 (mistake of fact essential to the agreement): a contract grounded on the erroneous belief that a debt is time-barred is void; this is the illustration to Section 20.

Correct answer: C

An agreement to use influence over one's principal for reward is opposed to public policy and hence void under Section 23 (this is the illustration to s.23 on agreements opposed to public policy).

Correct answer: D

On frustration the contract becomes void (Section 56); under Section 65 the party who received an advantage must restore it, so B is entitled only to expenses/value of work done before discharge and must refund the balance.

Correct answer: D

Liquidated damages are a genuine covenanted pre-estimate of the loss likely to result from breach (as distinguished from a penalty), per Section 74 jurisprudence.

Correct answer: D

Under Section 73 (rule in Hadley v. Baxendale), special damages from special circumstances are recoverable only when those circumstances were communicated/known to the other party, i.e., on notice of the likely special loss.

Correct answer: A

Carlill v. Carbolic Smoke Ball=offer at large (1); Fisher v. Bell=invitation to treat (2); Tinn v. Hoffman=cross offers (4); Harvey v. Facey=mere quotation of price (3). Code: 1 2 4 3.

Correct answer: B

Madhukant Pathak v. State of Jharkhand (Vigilance), decided by the Jharkhand High Court in July 2017, arose from alleged misappropriation where a work order was allotted without inviting tender; the subject matter is tender.