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Karnataka Judiciary — Prelims 2016

100 questions Objective 100 answers with solutions PDF
1

The defendant shall file the written statement

  • awithin 30 days from the date of service of summons
  • bwithin 60 days from the date of his appearance before the court
  • cwithin 90 days from the first hearing
  • dnone of the above
Answer & solution

Correct answer: A

Order VIII Rule 1 CPC requires the defendant to file the written statement within 30 days from the date of service of summons (extendable up to 90 days for reasons recorded).

2

When the parties have compromised the suit

  • athe court is bound to accept the compromise in whatever manners it is
  • bthe court is not bound to accept the compromise
  • cif the compromise is not accepted, it is deemed acceptance
  • dthe court has to refer the matter to an Arbitrator
Answer & solution

Correct answer: B

Under Order XXIII Rule 3 CPC the court must be satisfied the compromise is lawful; it is not bound to accept any and every compromise, and records it only if satisfied of its legality.

3

An indigent person is

  • aone who is not diligent
  • bone who is not interested in prosecuting the suit
  • cone who is not possessed of sufficient means to pay the prescribed fee on the plaint and who is not entitled to property worth Rs. 1,000/- except exempted property from attachment
  • dwho does not have legal knowledge
Answer & solution

Correct answer: C

Explanation I to Order XXXIII Rule 1 CPC defines an indigent person as one not possessed of sufficient means to pay the prescribed court fee, or not entitled to property worth Rs.1,000 (excluding property exempt from attachment and the subject-matter of the suit).

4

Where an injunction has been granted without giving notice to the opposite party.

  • athe court has to dispose off the application within 90 days from the date of granting of injunction
  • bthe court has to dispose off the application within 60 days from the date of granting of injunction
  • cthe court has to dispose off the application within 30 days from the date of granting of injunction
  • dthe court has to dispose off the application within 120 days from the date of granting of injunction
Answer & solution

Correct answer: C

Order XXXIX Rule 3A CPC: where an injunction is granted without notice to the opposite party, the court shall make an endeavour to finally dispose of the application within 30 days.

5

To set aside an ex parte order against the defendant.

  • athe application has to be filed under Order IX Rule 7 CPC
  • bthe application has to be filed under Order VII Rule 9 CPC
  • cthe application has to be filed under Order I Rule 10 CPC
  • dthe application has to be filed under Order VII Rule 7 CPC
Answer & solution

Correct answer: A

An ex parte order/proceeding against the defendant who failed to appear is set aside on his appearance under Order IX Rule 7 CPC (Rule 13 deals with setting aside an ex parte decree).

6

Suit against Government where it relates to railway

  • ato be filed against Railway Minister
  • bto be filed against General Manager of that railway
  • cto be filed against Secretary, Railways
  • dnone of the above
Answer & solution

Correct answer: B

Section 79 CPC read with Section 80: in suits relating to a railway, the suit is instituted against the General Manager of the railway concerned.

7

A final order passed under Order XXI Rule 58 CPC is

  • aappealable under Order XLI
  • brevisable under Section 151 CPC
  • cmiscellaneous Appeal under Order XLIII Rule 1 will lie
  • da petition to the High Court under Article 227 of the Constitution of India will lie
Answer & solution

Correct answer: C

An order under Order XXI Rule 58 CPC (adjudication of claims/objections to attachment) has the force of a decree but is appealable as a miscellaneous appeal under Order XLIII Rule 1(j) CPC.

8

The time limit within which amendment to be carried out from the date of the order granting amendment is

  • a30 days
  • b14 days
  • c90 days
  • d12 days
Answer & solution

Correct answer: B

Order VI Rule 18 CPC: where an amendment is ordered, it must be carried out within 14 days from the date of the order (or within the time specified).

9

In a suit, when the plaintiff is not able to pay the full court fee. The provision in CPC to extend the time to pay the Court fee is,

  • a148 CPC
  • b149 CPC
  • c114 CPC
  • d151 CPC
Answer & solution

Correct answer: B

Section 149 CPC empowers the court to allow a party to pay the whole or part of the deficient court fee, on payment of which the document is treated as duly stamped from the date of presentation.

10

Maximum number of adjournments that can be granted by a Civil Court to a party during the hearing of the suit are

  • a3
  • b5
  • c2
  • dNo adjournment
Answer & solution

Correct answer: A

Proviso to Order XVII Rule 1 CPC caps adjournments at three to a party during the hearing of the suit.

11

Soon after the completion of Pleadings in civil cases, the Court has to

  • aframe issues
  • bask the parties to file list of witnesses
  • cinvoke section 89 of the Code of Civil Procedure to persuade the parties for settlement
  • dnone of the above
Answer & solution

Correct answer: C

Section 89 read with Order X Rule 1A CPC: after the pleadings are complete (recording admissions/denials), the court must explore settlement under Section 89 before framing issues for trial.

12

Suit by minor is to be instituted in his name by

  • aMediator
  • blocal representative
  • cnext friend
  • dnone of the above
Answer & solution

Correct answer: C

Order XXXII Rule 1 CPC: every suit by a minor is instituted in his name by a person who is called the 'next friend' of the minor.

13

In an interpleader suit

  • aplaintiff has interest in the subject matter
  • bplaintiff claims no interest in the subject matter
  • csuit must be for recovery of money only
  • dnone of the above
Answer & solution

Correct answer: B

Section 88 read with Order XXXV CPC: in an interpleader suit the plaintiff claims no interest in the subject-matter other than charges/costs and is ready to deliver it to the rightful claimant.

14

A complaint for an offence under section 138 of Negotiable Instruments Act will have to be filed after the lapse of the following period from the date of receipt of statutory notice

  • a30 days
  • b15 days
  • c60 days
  • dNone of the above
Answer & solution

Correct answer: B

Section 138 proviso (c) NI Act: the drawer gets 15 days from receipt of notice to pay; the offence is complete and the complaint can be filed only after that 15-day period lapses.

15

The normal procedure to conduct a trial for an offence under Sec.138 of Negotiable Instruments Act is

  • asummons Procedure
  • bwarrant procedure
  • csummary Procedure
  • dspecial Procedure
Answer & solution

Correct answer: A

Section 138 NI Act is punishable with up to 2 years; Section 143 directs trial as a summons case, though summary procedure may be adopted. The normal/governing procedure is the summons procedure (warrant procedure is wrong).

16

A promissory note

  • aincludes a bank note
  • bdoes not include a bank note
  • ccontains conditional undertaking by the maker to pay money
  • dnone of the above
Answer & solution

Correct answer: B

Section 4 NI Act defines a promissory note as an unconditional undertaking; the Explanation expressly excludes a bank note or currency note. So it does NOT include a bank note.

17

A promissory note or a bill of exchange in which no time for payment is specified

  • ais payable within 3 days from presenting
  • bis payable within 2 days from presenting
  • cpayable on demand
  • dpayment has to be made only through internet
Answer & solution

Correct answer: C

Section 19 NI Act: a promissory note or bill of exchange in which no time for payment is specified is an instrument payable on demand.

18

Where property is transferred subject to a condition absolutely restraining transferee from parting or disposing his interest in the property

  • acondition is void except by a lessor where the condition is for his benefit
  • btransfer is void
  • cproperty is forfeited to the Government if such condition is imposed
  • dnone of the above
Answer & solution

Correct answer: A

Section 10 Transfer of Property Act: a condition absolutely restraining alienation is void, except in the case of a lease where the condition is for the benefit of the lessor.

19

Following can be transferred under the Transfer of Property Act

  • aright to re-entry
  • bmere right to sue
  • ceasement only
  • dnone of the above
Answer & solution

Correct answer: A

Section 6 TPA: a mere right to re-entry and a mere right to sue are NON-transferable as standalone rights; but a right of re-entry can be transferred to the owner of the property affected (and is excluded only when separated). Among the options, right to re-entry is the transferable one as against a mere right to sue.

20

Right of redemption

  • ais a contractual right
  • bis a statutory right
  • cis available to mortgagee
  • dnone of the above
Answer & solution

Correct answer: B

The right of redemption under Section 60 TPA is a statutory right of the mortgagor; any clog on it is void.

21

When a donee dies before the acceptance of gift of a property, the

  • agift is void
  • bgift is valid
  • cgift is irregular
  • dgift is illegal
Answer & solution

Correct answer: A

Section 122 TPA: a gift must be accepted by the donee during the lifetime of the donor and while he is capable of giving; if the donee dies before acceptance, the gift is void.

22

Election is necessary under Sec.35 of Transfer of Property Act

  • awhen the transferor offers 3 properties for sale to the transferee
  • bwhere a person professes to transfer property to which he has no right
  • cwhen the transferee gives the notice of election to purchase
  • dwhen election of properties is published
Answer & solution

Correct answer: B

Section 35 TPA (doctrine of election) applies where a person professes to transfer property which he has no right to transfer, and as part of the same transaction confers a benefit on the owner of that property, who must elect.

23

If possession is handed over under a mortgage deed the said transaction is

  • aanomalous Mortgage
  • busufructuary Mortgage
  • cequitable Mortgage
  • dsimple Mortgage
Answer & solution

Correct answer: B

Section 58(d) TPA: where the mortgagor delivers possession and authorises the mortgagee to retain it and receive rents/profits in lieu of interest/principal, it is a usufructuary mortgage.

24

A gift of future property is

  • avoidable
  • bPunishable
  • cvoid
  • dnone of the above
Answer & solution

Correct answer: C

Section 124 TPA: a gift comprising both existing and future property is void as to the future property; a gift of future property is void.

25

A vested interest

  • ais not defeated by the death of transferee before he obtains possession
  • bis defeated by the death of transferee before he obtains possession
  • cis prohibited
Answer & solution

Correct answer: A

Section 19 TPA: a vested interest is not defeated by the death of the transferee before he obtains possession; it passes to his legal representatives.

26

When both the parties are under mistake as to matter of fact,

  • athe agreement is voidable
  • bthe agreement is illegal and parties are punishable
  • cthe agreement is void
  • dnone of the above
Answer & solution

Correct answer: C

Under Section 20 of the Indian Contract Act, an agreement is void where both parties are under a mistake as to a matter of fact essential to the agreement.

27

When the consent of a party is obtained through undue influence

  • athe agreement is void
  • bthe agreement is void ab-initio
  • cvoidable at the option of the aggrieved party
  • dnone of the above
Answer & solution

Correct answer: C

Section 19A of the Indian Contract Act: when consent is caused by undue influence, the contract is voidable at the option of the party whose consent was so caused (the aggrieved party).

28

The liability of a surety

  • aarises only if the principal debtor has no means to pay
  • barises upon the death of the principal debtor
  • cis joint and several
  • dnone of the above
Answer & solution

Correct answer: C

Section 128 of the Indian Contract Act makes the surety's liability co-extensive with that of the principal debtor; the creditor may proceed against the surety without first exhausting remedies against the principal debtor, i.e. liability is joint and several.

29

A surety is also called

  • aa hopeless debtor
  • ba favoured debtor
  • ca semi debtor
  • dnone of the above
Answer & solution

Correct answer: B

A surety is traditionally described as a 'favoured debtor' because the law leans in his favour and any variance or discharge of the principal debtor operates to release him (Ss. 133-141, Indian Contract Act).

30

An authority of an agent

  • amust be express
  • bmay be express or implied
  • calways implied
  • dnone of the above
Answer & solution

Correct answer: B

Section 187 of the Indian Contract Act: an agent's authority may be express or implied.

31

In a contract of Indemnity, the Promissor undertakes to make good the loss

  • acaused by him only
  • bcaused by other person only
  • cwhether caused by Promissor or other person
  • dloss caused through flood only
Answer & solution

Correct answer: C

Section 124 of the Indian Contract Act defines a contract of indemnity as a promise to save the promisee from loss caused either by the conduct of the promisor himself or by the conduct of any other person.

32

Contract of guarantee is a

  • abipartite agreement
  • bdebtless agreement
  • ctripartite agreement
  • dquasi contract
Answer & solution

Correct answer: C

A contract of guarantee (Section 126, Indian Contract Act) involves three parties — the principal debtor, the creditor and the surety — and is therefore a tripartite agreement.

33

In a contract of guarantee

  • athere will be an implied promise by the principal debtor to indemnify the surety
  • bthere will be a promise by the creditor to compensate the surety
  • cthere will be a contract to indemnify the principal debtor by the surety
  • dnone of the above
Answer & solution

Correct answer: A

Section 145 of the Indian Contract Act: in every contract of guarantee there is an implied promise by the principal debtor to indemnify the surety, and the surety is entitled to recover from the principal debtor whatever he has rightfully paid.

34

Right of Subrogation in a contract of guarantee is available to

  • aa creditor
  • ba surety
  • cc
  • dnone of the above
Answer & solution

Correct answer: B

Section 140 of the Indian Contract Act gives the surety, on payment/performance of the guaranteed debt, the right of subrogation — he steps into the creditor's shoes and gets all the rights the creditor had against the principal debtor.

35

Consideration to create agency under section 185 of the Indian Contract Act

  • ais necessary
  • bpartly necessary
  • cnot necessary
  • dnone of the above
Answer & solution

Correct answer: C

Section 185 of the Indian Contract Act expressly states that no consideration is necessary to create an agency.

36

Section 31 of the Specific Relief Act provides for

  • acancellation of written instruments under certain circumstances
  • bsuits for easements by necessity
  • csuits relating to adverse possession
  • dnone of the above
Answer & solution

Correct answer: A

Section 31 of the Specific Relief Act, 1963 provides for the cancellation of a written instrument that is void or voidable against a person who has reasonable apprehension of serious injury if it is left outstanding.

37

Specific Relief Act provides for

  • apossessory remedy in respect of immovable property only
  • bpossessory remedy in respect of immovable property only
  • cpossessory remedy in respect of both immovable and immovable property
  • dnone of the above
Answer & solution

Correct answer: A

OCR-corrupted: options (a) and (b) are identical and (c) reads 'immovable and immovable'. The intended correct answer is that the Specific Relief Act's possessory remedy (S. 6) is in respect of immovable property only.

38

In respect of a contract which in its nature is determinable

  • aspecific performance cannot be granted
  • bspecific performance can be granted
  • cspecific performance can' be granted in part
  • dnone of the above
Answer & solution

Correct answer: A

Section 14(d) of the Specific Relief Act, 1963: a contract which is in its nature determinable cannot be specifically enforced (Indian Oil Corpn. v. Amritsar Gas Service).

39

To restrain a person from instituting or prosecuting any proceeding in a criminal matter

  • ainjunction can be granted '
  • binjunction cannot be granted
  • cinjunction can be granted if the plaintiff executes indemnity bond to indemnify the defendant
  • dnone of the above
Answer & solution

Correct answer: B

Section 41(d) of the Specific Relief Act, 1963: an injunction cannot be granted to restrain any person from instituting or prosecuting any proceeding in a criminal matter.

40

Suit for possession by a person dispossessed of immovable property by the government has to be filed against the government

  • awithin six months
  • bone year
  • ctwo years
  • dnone of the above
Answer & solution

Correct answer: D

Under Section 6(2)(b) of the Specific Relief Act, 1963 no suit for possession of this summary kind shall be brought against the Government; hence for a suit against the government none of the stated limitation periods (6 months/1 year/2 years) applies — 'none of the above'.

41

When the performance of the contract involves supervision of Performance and continuous duty by the Court, specific performance

  • acan be granted
  • bcannot be granted
  • ccan be granted if the plaintiffs executes indemnity bond
  • dnone of the above
Answer & solution

Correct answer: B

Section 14(d) read with the principle reflected in former S.14(1)(d)/S.41(e) of the Specific Relief Act: a contract whose performance involves the continuous supervision/continuous duty of the court cannot be specifically enforced.

42

Article 5 of the Constitution of India deals with

  • athe union
  • bCitizenship
  • cfundamental duties
  • dnone of the above
Answer & solution

Correct answer: B

Article 5 of the Constitution of India deals with citizenship at the commencement of the Constitution.

43

Article 51A. of the Constitution of India relates to

  • afundamental duties
  • bfundamental rights
  • cappointment of Judges to District judiciary
  • dnone of the above
Answer & solution

Correct answer: A

Article 51A of the Constitution of India enumerates the Fundamental Duties (inserted by the 42nd Amendment, 1976).

44

The directive principles of the State policy

  • ashall be enforceable by the Army
  • b.shall be enforceable by any Court
  • cit shall be the duty of the state of apply these principles in making laws
  • dnone of the above
Answer & solution

Correct answer: C

Article 37 of the Constitution: the Directive Principles are not enforceable by any court, but it shall be the duty of the State to apply these principles in making laws.

45

Recruitment of persons other-than District Judges to the judicial service is provided

  • aunder Article 234
  • bunder Article 332
  • cunder Article 14
  • dnone of the above
Answer & solution

Correct answer: A

Article 234 of the Constitution provides for recruitment of persons other than district judges to the judicial service of a State.

46

Article 14 of Constitution of India deals with

  • aland reforms
  • bequality before law
  • cequality of opportunity in matters of private employment
  • dnone of the above
Answer & solution

Correct answer: B

Article 14 of the Constitution of India guarantees equality before law and the equal protection of the laws.

47

The Chairman of Council of States is -

  • athe chairman of the standing committee of the Parliament
  • bthe leader of Lok Sabha
  • cthe opposition leader of Lok Sabha
  • dthe Vice President
Answer & solution

Correct answer: D

Article 64 of the Constitution: the Vice-President of India is ex-officio Chairman of the Council of States (Rajya Sabha).

48

Legislative power of the Governor includes

  • ato declare the decision of a cabinet as void
  • bto declare financial emergency
  • cto declare cut-down in the salaries of the State employees
  • dto promulgate ordinances
Answer & solution

Correct answer: D

Article 213 of the Constitution empowers the Governor to promulgate ordinances when the State Legislature is not in session — a legislative power. The other options are not within the Governor's powers.

49

When a person voluntarily acquires citizenship of a foreign state

  • ahe shall not be a citizen of India
  • bhe can continue to be a citizen of India
  • che can have the citizenship of India with the permission of the Jurisdictional Deputy Commissioner
  • dnone of the above
Answer & solution

Correct answer: A

Article 9 of the Constitution and Section 9 of the Citizenship Act, 1955: a person who voluntarily acquires the citizenship of a foreign State shall not be a citizen of India (India does not permit dual citizenship).

50

Law declared by the Supreme Court is binding on all the courts in India

  • aas per Article 147
  • bas per Article 141
  • cas per Article 145
  • das per Article 143
Answer & solution

Correct answer: B

Article 141 of the Constitution: the law declared by the Supreme Court is binding on all courts within the territory of India.

51

Protection of tenants against eviction is provided under

  • asection 27 of Karnataka Rent Act
  • bsection 28 of Karnataka Rent Act
  • csection 21 of Karnataka Rent Act
  • dnone of the above
Answer & solution

Correct answer: A

Section 27 of the Karnataka Rent Act, 1999 (Chapter VI, Regulation of Eviction) is titled 'Protection of tenants against eviction' and sets out the only grounds on which a court may order recovery of possession.

52

A warrant of arrest may be executed

  • awithin the jurisdiction of the police station covering the place of offence
  • bwithin the limits of the jurisdiction of the trial court
  • cwithin the district of location of the trial court
  • dat any place in India
Answer & solution

Correct answer: D

Under Section 77 CrPC a warrant of arrest may be executed at any place in India.

53

Attachment of property of a person absconding can be made by the Court

  • aafter issuing proclamation
  • bbefore issuing proclamation
  • corder simultaneous proclamation and attachment
  • dnone of the above
Answer & solution

Correct answer: A

Under Section 83 CrPC the court may order attachment of an absconder's property only after the proclamation under Section 82 has been issued (attachment ordinarily follows the proclamation).

54

An order for search in his presence can be made by

  • aany Magistrate
  • bonly Judicial Magistrate
  • conly Executive Magistrate
  • dnone of the above
Answer & solution

Correct answer: A

Under Section 103 CrPC any Magistrate before whom a person is produced may direct a search to be made in his presence; the power is not confined to Judicial or Executive Magistrates.

55

Under Section 190 of Code of Criminal Procedure, cognizance may be taken by the Magistrate

  • aupon receiving police report of such facts
  • bupon receiving FIR
  • cupon receiving Property Form
  • dd. none of the above
Answer & solution

Correct answer: A

Under Section 190(1)(b) CrPC a Magistrate may take cognizance upon a police report of facts constituting an offence.

56

Police report means

  • aa complaint given to a police
  • ba report forwarded by a police officer to his superior officer
  • ca report forwarded by a police officer to a magistrate under sub- section 2 of section 173.
  • dnone of the above
Answer & solution

Correct answer: C

'Police report' is defined in Section 2(r) CrPC as a report forwarded by a police officer to a Magistrate under sub-section (2) of Section 173.

57

Regarding the search of the persons wrongfully confined, a search warrant may be issued by

  • aDistrict Magistrate
  • bExecutive Magistrate
  • cSuperintendent of Police
  • dnone of the above
Answer & solution

Correct answer: A

Under Section 97 CrPC, a District Magistrate, Sub-Divisional Magistrate or Magistrate of the first class may issue a search warrant for a person wrongfully confined; of the listed options, the District Magistrate is competent.

58

Where the complaint is made to a magistrate who is not competent to take cognizance of the offence he shall

  • aif the complaint is in writing, return it for presentation to the proper court with an endorSement to that effect
  • breport for conferring jurisdiction to him
  • csubmit the records to the Di4rict Court
  • dnone of the above
Answer & solution

Correct answer: A

Under Section 201 CrPC, if a written complaint is made to a Magistrate not competent to take cognizance, he returns it for presentation to the proper court with an endorsement to that effect.

59

To summon and examine a person as a witness

  • athat person must have been cited as a witness in the final report•
  • bhe should have been summOned
  • cit is not necessary that he should have been cited as a witness
  • dnone of the above
Answer & solution

Correct answer: C

Under Section 311 CrPC the court may summon and examine any person as a witness; it is not necessary that he be cited as a witness in the final report.

60

To take cognizance of an offence for defamation punishable under chapter XXI of the Indian Penal Code.

  • aa member of NGO only shall file complaint
  • bonly police officer can file a complaint
  • ccomplaint made by the aggrieved person only
  • dnone of the above
Answer & solution

Correct answer: C

Under Section 199 CrPC, for defamation (Chapter XXI IPC) the court takes cognizance only on a complaint by the person aggrieved by the offence.

61

A court of Magistrate may grant bail

  • aunder section 437 Cr. PC
  • bunder section 438 Cr. PC
  • cunder section 439 Cr. PC
  • dnone of the above
Answer & solution

Correct answer: A

A Magistrate grants bail under Section 437 CrPC (bail in non-bailable offences); Sections 438 and 439 are powers of the Sessions Court/High Court.

62

Abetment is an offence

  • aonly when the offence is committed
  • bonly when the abettor is present at the place of offence
  • conly when the abettor participates in physical commission of the offence
  • dnone of the above
Answer & solution

Correct answer: D

None of the above. Abetment (Sections 107-108 IPC) is itself an offence irrespective of whether the act abetted is committed, and the abettor need not be present or physically participate (Section 108, Expl. and illustrations).

63

Minimum sentence of imprisonment specified for offence punishable under section 304-B Indian Penal Code is

  • a10 years
  • b7 years
  • c12 years
  • d9 years
Answer & solution

Correct answer: B

Section 304-B(2) IPC prescribes a minimum of seven years' imprisonment for dowry death, which may extend to imprisonment for life.

64

A body warrant in a criminal case is addressed to

  • aThe officer of the Jurisdictional police station
  • bThe superintendent of police of the concerned district
  • cThe officer in-charge of the jail, where the accused is detained/lodged
  • dDirectly to the accused
Answer & solution

Correct answer: C

A body warrant (production warrant for an accused already in custody) is addressed to the officer in-charge of the jail where the accused is detained, directing his production before the court.

65

Statement under Sec.161 of the Code of Criminal Procedure can be taken note for

  • acorroboration only
  • bcontradiction only
  • cboth Corroboration and Contradiction
  • dneither corroboration nor contradiction
Answer & solution

Correct answer: B

A statement recorded under Section 161 CrPC may be used only to contradict the witness as provided in Section 162 CrPC (and the proviso allowing use under Section 145 Evidence Act for contradiction); it cannot be used for corroboration.

66

The officer competent to record statement under section 164 of Code of Criminal Procedure is

  • aSessions Judge
  • bChief Judicial Magistrate
  • cJudicial Magistrate
  • dAny police officer of the rank of Inspector and above
Answer & solution

Correct answer: C

Under Section 164 CrPC, statements and confessions are recorded by a Metropolitan or Judicial Magistrate; of the options, a Judicial Magistrate is the competent officer.

67

'Complaint' under Section 2(d) of the Code of Criminal Procedure means

  • aallegation made in writing only to the police
  • breport made by a police officer to his superior
  • cincludes a police report
  • dany allegation made orally or in writing to a Magistrate
Answer & solution

Correct answer: D

Section 2(d) CrPC defines 'complaint' as any allegation made orally or in writing to a Magistrate, with a view to his taking action, that some person has committed an offence; it expressly excludes a police report.

68

If an offence is committed by a person in the presence of a Magistrate,

  • ahe may order for the arrest of that person
  • bhe cannot order for the arrest but inform the police
  • csend information to the jurisdiction magistrate to arrest the person who has committed the offence
  • dnone of the above
Answer & solution

Correct answer: A

Under Section 44 CrPC, when an offence is committed in the presence of a Magistrate within his local jurisdiction, he may himself arrest or order the arrest of the offender.

69

Converting the property of others for one's own use, amounts to

  • abreach of trust
  • bCheating
  • cmisappropriation of property
  • dnone of the above
Answer & solution

Correct answer: C

Dishonestly converting another's property to one's own use is criminal misappropriation of property under Section 403 IPC.

70

Stolen property means the one connected to

  • atheft only
  • bextortion only
  • crobbery only
  • dany of the above
Answer & solution

Correct answer: D

Under Section 410 IPC, 'stolen property' is property the possession of which has been transferred by theft, extortion, robbery, criminal misappropriation or criminal breach of trust, i.e. any of the above.

71

Attempt to commit suicide

  • ais an offence
  • bis an offence only if the suicide is complete against that person
  • cthat attempted person is punishable under section 306 IPC
  • dnone of the above
Answer & solution

Correct answer: A

Attempt to commit suicide is an offence under Section 309 IPC (the statutory position; the option referring to Section 306 is wrong, that being abetment of suicide).

72

Kidnapping is of

  • aonly one kind
  • bis of two kinds
  • cis of three kinds
  • dnone of the above
Answer & solution

Correct answer: B

Under Section 359 IPC, kidnapping is of two kinds: kidnapping from India (Section 360) and kidnapping from lawful guardianship (Section 361).

73

Putting a person in fear of injury to induce him to deliver property or valuable security

  • ais robbery
  • bis extortion
  • cis lurking
  • dnone of the above
Answer & solution

Correct answer: B

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

74

Mere preparation is an offence, if it is

  • ato commit robbery
  • bto commit extortion
  • cto commit dacoity
  • dnone of the above
Answer & solution

Correct answer: C

Making preparation to commit dacoity is itself an offence under Section 399 IPC; mere preparation for robbery or extortion is not separately punishable.

75

To constitute unlawful assembly in prosecution of common object to commit an offence, the minimum number of persons are

  • a5 or more
  • b3 or more
  • c2 or more
  • dnone of the above
Answer & solution

Correct answer: A

Under Section 141 IPC, an unlawful assembly requires five or more persons with a common object specified in that section.

76

Accident in doing a lawful actS

  • ais a general exception under section 80 IPC
  • bis an offence
  • cis a mis-conduct
  • dnone of the above
Answer & solution

Correct answer: A

Section 80 IPC: nothing is an offence which is done by accident or misfortune, without criminal intention, in the doing of a lawful act in a lawful manner. It is a general exception.

77

When two or more persons agree to do an illegal act

  • ait amounts to abetment
  • battempt to commit dacoity
  • ccriminal conspiracy
  • dnone of the above
Answer & solution

Correct answer: C

Section 120A IPC defines criminal conspiracy as an agreement by two or more persons to do, or cause to be done, an illegal act.

78

To constitute an offence of 'Dowry death'

  • ait includes natural death of a married women but within 7 years of her marriage
  • bun-natural death of a married women within 7 years of her marriage due to burns, bodily injury or otherwise than under normal circumstances
  • cun-natural death of a married women even beyond 7 years from the date of her marriage
  • dnone of the above
Answer & solution

Correct answer: B

Section 304B IPC: dowry death is the unnatural death of a woman by burns or bodily injury or otherwise than under normal circumstances within seven years of marriage, in connection with dowry demand.

79

The maximum sentence of imprisonment and fine that a Judicial Magistrate of First class can impose is

  • a5 years and Rs.10,000/-.
  • b6 years and Rs. 10,000/-
  • c3 years and Rs.5,000/-
  • d10 years and Rs.25,000/-
Answer & solution

Correct answer: C

Section 29 CrPC: a Judicial Magistrate of the First Class may pass a sentence of imprisonment up to three years and fine up to Rs.5,000 (later raised to Rs.10,000 by amendment, but the classic figure is 3 years / Rs.5,000).

80

In an offence of adultery

  • awife is also punishable along with the adulterer
  • bwife is not punishable as an abettor
  • cwife is liable for fine only
  • dnone of the above
Answer & solution

Correct answer: B

Under Section 497 IPC (adultery), the wife was expressly not punishable even as an abettor; only the male adulterer was liable.

81

If fingers of a person are cut and separated in an offence, it amounts to

  • agrievous hurt
  • bsimple hurt
  • cEmasculation
  • dnone of the above
Answer & solution

Correct answer: A

Section 320 IPC: permanent privation/severing of a member or joint (e.g. cutting off fingers) is grievous hurt.

82

The contents of document may be proved

  • aonly by primary evidence
  • bonly by secondary evidence
  • cprimary or secondary evidence
  • dnone of the above
Answer & solution

Correct answer: C

Section 61 of the Indian Evidence Act: the contents of documents may be proved either by primary or by secondary evidence.

83

Oral account of the contents of the document given by some person who has himself seen it, is

  • asecondary evidence
  • bprimary evidence
  • cexpert evidence
  • dhearsay evidence
Answer & solution

Correct answer: A

Section 63(5) Evidence Act: oral accounts of the contents of a document given by a person who has himself seen it are secondary evidence.

84

The expression "Court" includes

  • aall Judges and Magistrates
  • barbitrators only
  • cconciliators only
  • dnone of the above
Answer & solution

Correct answer: A

Section 3 Evidence Act defines 'Court' as including all Judges and Magistrates and all persons (except arbitrators) legally authorised to take evidence.

85

Fact of which the Court will take judicial notice

  • arequires proof
  • bneed not be proved
  • crequires secondary evidence
  • dnone of the above
Answer & solution

Correct answer: B

Section 56 Evidence Act: no fact of which the Court will take judicial notice need be proved.

86

Not proved means

  • awhen a fact is neither proved nor dis-proved
  • bwhen there is no documentary proof
  • cconclusive proof
  • dnone of the above
Answer & solution

Correct answer: A

Section 3 Evidence Act: a fact is said to be 'not proved' when it is neither proved nor disproved.

87

Provisions relating to proof of Wills are governed by the

  • aIndian Succession Act
  • bIndian Evidence Act
  • cwills Act
  • dnone of the above
Answer & solution

Correct answer: B

Proof of execution of Wills is governed by the Indian Evidence Act (notably Section 68, attested documents required by law).

88

Confession made before a Police Officer

  • ashall not be taken as proved against the accused person
  • bconclusive proof
  • cconfession to be considered if a memo is filed by the police officer
  • dnone of the above
Answer & solution

Correct answer: A

Section 25 Evidence Act: no confession made to a police officer shall be proved against a person accused of any offence.

89

First Information lodged to the Police can be used in a trial court for

  • acorroboration only
  • bcontradiction onlyM
  • ccorroboration and contradiction
  • dnone of the above
Answer & solution

Correct answer: C

An FIR is not substantive evidence but, when given by the informant, can be used both to corroborate (S.157) and to contradict (S.145) the maker under the Evidence Act.

90

Copy compared with the original

  • ais secondary evidence
  • bis primary evidence
  • cis pictorial evidence
  • dnone of the above
Answer & solution

Correct answer: A

Section 63(2)/(3) Evidence Act: copies made from or compared with the original are secondary evidence.

91

The presumption as to electronic record of 5 years old provided under section 90A of Evidence Act

  • ais regarding electronic signature
  • bthumb impression
  • cexecution of the documents
  • dnone of the above
Answer & solution

Correct answer: C

Section 90A (State amendment) Evidence Act: presumption as to electronic records five years old relates to the due execution and electronic signature of the document; best fit here is execution of the document.

92

The Union Law Minister is

  • aSri. Sadananda Gowda
  • bSri. Rajanath Singh
  • cSri. Arun Jaitley
  • dnone of the above
Answer & solution

Correct answer: A

D.V. Sadananda Gowda was the Union Minister of Law and Justice (9 Nov 2014 to 5 July 2016), holding office during the 2016 examination.

93

The author of "Roses in December" is

  • aSri. P.M.Munshi
  • bSri. Kamalcharanpanth
  • cSri. Justice M.C.Chagla
  • dSri. Sathyajit Ray
Answer & solution

Correct answer: C

'Roses in December' is the autobiography of Justice M.C. Chagla.

94

Total number of assembly constituencies for which the elections are held in Karnataka are

  • a224
  • b234
  • c214
  • d208
Answer & solution

Correct answer: A

The Karnataka Legislative Assembly has 224 elected constituencies.

95

“Vande Mataram11 was written by

  • aSri Rabindranath Tagore
  • bSri Subhash Chandra Bose
  • cSri Surendranath Banerjee
  • dShri Bankim Chandra Chattarjee
Answer & solution

Correct answer: D

'Vande Mataram' was written by Bankim Chandra Chattopadhyay (in his novel Anandamath).

96

Ms. Saina Nehwal is associated with

  • aBadminton
  • bcricket
  • cchess
  • dnone of the above
Answer & solution

Correct answer: A

Saina Nehwal is an Indian badminton player.

97

‘Law Day1, the day on which we accepted/adopted our Constitution is

  • a26.11.1949
  • b01.11.1956
  • c26.01.1950
  • d05.08.1947
Answer & solution

Correct answer: A

The Constitution was adopted by the Constituent Assembly on 26 November 1949, observed as Law Day (Constitution Day).

98

Sea route to India was discovered by

  • aColumbus
  • bVasco da gama
  • cRobert Clive
  • dDuplex
Answer & solution

Correct answer: B

Vasco da Gama discovered the sea route to India, reaching Calicut in 1498.

99

India has won the One day International World Cup in Cricket

  • aOnce
  • bTwice
  • cthrice
  • dfour times
Answer & solution

Correct answer: B

As of the 2016 paper, India had won the ODI Cricket World Cup twice (1983 and 2011).

100

The present ChiefJustice of Karnataka is

  • aSri Justice N.K.Jain
  • bSri Justice I^.K.Sodhi
  • cSri Justice Vikramajit Sen
  • dSri Justice Subhro Kamal Mukherjee
Answer & solution

Correct answer: D

Justice Subhro Kamal Mukherjee was the Chief Justice of the High Court of Karnataka, sworn in on 23 February 2016 and serving through 2016.

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