Karnataka Judiciary — Prelims 2019
Which Section of the Code of Criminal Procedure, 1973, deals with police arresting without warrant:
- aSec. 42
- bSec.41
- cSec.40
- dSec.39
Answer & solution
Correct answer: B
Section 41 CrPC, 1973 empowers a police officer to arrest any person without an order from a Magistrate and without a warrant.
Which Section of the Indian Evidence Act, 1872, relates to "power of the judges to put questions or order production"?
- aSection 141
- bSection 159
- cSection 165
- dSection 167
Answer & solution
Correct answer: C
Section 165 of the Indian Evidence Act, 1872 confers on the Judge the power to put any question and order production of any document.
An application to bring the legal representatives of the deceased defendant has to be filed within days from the date of death of the defendant
- a90
- b60
- c30
- d120
Answer & solution
Correct answer: A
Under Article 120 of the Schedule to the Limitation Act, 1963, an application to bring legal representatives of a deceased plaintiff/defendant on record must be filed within 90 days from the date of death.
Theft becomes robbery when it is___________
- aCommitted by two or more but less than five persons.
- bCommitted by five or more persons.
- cCoupled with force
- dCoupled with fear of instant death or instant hurt or instant wrongful Restraint.
Answer & solution
Correct answer: D
Under Section 390 IPC, theft is robbery if, in committing it, the offender causes or attempts to cause death, hurt or wrongful restraint, or fear of instant death, instant hurt or instant wrongful restraint.
Which Article of the Constitution of India, relates to Uniform Civil Code?
- a42
- b41
- c43
- dNone of the above.
Answer & solution
Correct answer: D
The Uniform Civil Code is dealt with in Article 44 of the Constitution; none of the options (41, 42, 43) is correct, so 'None of the above' is the answer.
If a witness, who is unable to speak, gives his evidence in writing in the open court, evidence so given shall deemed to be:
- aOral evidence.
- bPrimary evidence.
- cDocumentary evidence.
- dSecondary evidence.
Answer & solution
Correct answer: A
Under Section 119 of the Indian Evidence Act, 1872, a witness unable to speak who gives evidence in writing in open court is deemed to give oral evidence.
Where numerous persons having the same interest in one suit, a representative suit can be filed under the following provision of the Code of the Civil Procedure, 1908
- aOrder I Rule 2 of the Code of the Civil Procedure, 1908
- bOrder I Rule 8 of the Code of the Civil Procedure, 1908
- cOrder I Rule 10 of the Code of the Civil Procedure, 1908
- dOrder I Rule 12 of the Code of the Civil Procedure, 1908
Answer & solution
Correct answer: B
Order I Rule 8 CPC, 1908 permits a representative suit where numerous persons have the same interest in one suit.
If the requisite court fee is not paid on the plaint, in spite of an order by the court, the plaint shall be
- aRejected
- bReturned to the plaintiff
- cThe suit shall be dismissed
- dThe plaintiff shall be permitted to withdraw the suit
Answer & solution
Correct answer: A
Under Order VII Rule 11(c) CPC, where the requisite court fee is not paid despite the court's order, the plaint shall be rejected.
The period of Limitation to file an application to enforce a decree for mandatory injunction is
- a1 year
- b3 years
- c6 years
- d12 years
Answer & solution
Correct answer: B
Under Article 135 of the Limitation Act, 1963, an application to enforce a decree granting a mandatory injunction must be filed within 3 years.
Minimum number of persons required to commit the offence of dacoity is_____
- aTen
- bSeven.
- cFive.
- dTwo
Answer & solution
Correct answer: C
Under Section 391 IPC, dacoity requires five or more persons conjointly committing or attempting robbery.
As per Order XIV Rule 5 of the Code of Civil Procedure, 1908, the Court may strike out a wrongly framed issue_____
- aat any time
- bat any time before passing a decree
- cat any time before pronouncing the judgement
- dat any time before commencement of trial
Answer & solution
Correct answer: A
Order XIV Rule 5 CPC, 1908 allows the court to amend or strike out a wrongly framed issue 'at any time' before passing a decree; the bare provision uses 'at any time'.
The period of limitation to file a suit for compensation for malicious prosecution is:
- a1 year
- b3 years
- c6 years
- d12 years
Answer & solution
Correct answer: A
Under Article 74 of the Limitation Act, 1963, a suit for compensation for malicious prosecution must be filed within 1 year.
Which is the National Sport of our country?
- aCricket.
- bKabaddi
- cHockey.
- dFootball.
Answer & solution
Correct answer: C
Hockey is conventionally treated as India's national sport in exam keys (the expected answer), though a 2012 RTI reply clarified India has no officially declared national game.
As per Article 24 of the Constitution of India, No child below the age of______ years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
- aFourteen.
- bSixteen.
- cEighteen
- dTwenty One
Answer & solution
Correct answer: A
Article 24 of the Constitution prohibits employment of any child below the age of fourteen years in any factory, mine or other hazardous employment.
Which section of the Indian Evidence Act, 1872 provides for drawing the presumption as to thirty year old documents?
- aSec.90
- bSec.91
- cSec.75
- dSec.74
Answer & solution
Correct answer: A
Section 90 of the Indian Evidence Act, 1872 provides the presumption as to documents thirty years old.
Maximum amount which can be respect of false or vexatious claims Code of Civil Procedure, 1908 is:
- aRs.5,000/-
- bRs.10,000/-
- cRs.3,000/-
- dRs.25,000/-
Answer & solution
Correct answer: C
Under Section 35A CPC, 1908 (compensatory costs for false or vexatious claims/defences), the maximum amount is Rs. 3,000.
The period of limitation to file a suit for seeking possession of an immovable property under Sec.6 of the Specific Relief Act 1963 is:
- aWithin six months from the date of dispossession.
- bWithin one year from the date of dispossession.
- cWithin three years from the date of dispossession.
- dWithin twelve years from the date of dispossession.
Answer & solution
Correct answer: A
A suit under Section 6 of the Specific Relief Act, 1963 for recovery of possession must be filed within six months from the date of dispossession (Sec. 6(2)(a)).
The offence of "Affray" is defined under Sec.____of the Indian Penal code.
- aSec.159.
- bSec.157.
- cSec.146.
- dSec.152.
Answer & solution
Correct answer: A
The offence of affray is defined in Section 159 IPC (and punishable under Section 160 IPC), which is option (a) Sec.159.
Which Article of the Constitution of India relates to appointment of district judges by the Governor of the State in consultation with the High Court:
- aArticle 233.
- bArticle 234.
- cArticle 235
- dArticle 236.
Answer & solution
Correct answer: A
Article 233 of the Constitution provides for appointment of district judges by the Governor in consultation with the High Court.
A person arrested by a police officer without warrant, in the absence of a special order of a magistrate, can be kept in custody for
- aOne week
- bTwo days
- cThree days
- dTwenty four hours.
Answer & solution
Correct answer: D
Under Section 57 CrPC (and Article 22 of the Constitution), a person arrested without warrant cannot be detained beyond twenty-four hours without a Magistrate's special order.
When the suit is dismissed under Order IX Rule 2 of the Code of Civil Procedure, 1908, an application to set aside the said order and restore the suit has to be filed_______.
- aUnder Order IX Rule 3 of the Code of Civil Procedure, 1908
- bUnder Order IX Rule 4 of the Code of Civil Procedure, 1908
- cUnder Order IX Rule 9 of the Code of Civil Procedure, 1908
- dUnder Order IX Rule 13 of the Code of Civil Procedure, 1908
Answer & solution
Correct answer: C
Where a suit is dismissed for plaintiff's default under Order IX Rule 2/8, an application to set aside and restore is filed under Order IX Rule 9 CPC, 1908.
If any party to the suit dies after conclusion of hearing and before pronouncing the judgement,
- aThe suit shall not abate
- bThe suit shall abate
- cThe suit shall not abate if cause of action and right to sue survives
- dIt will be deemed that judgement has been pronounced after the death of a party.
Answer & solution
Correct answer: D
Under Order XXII Rule 6 CPC, where a party dies after conclusion of hearing and before judgment is pronounced, the death does not abate the suit and judgment may be pronounced as if the party were alive.
The present Solicitor General of India is_____
- aSri K.K.Venugopal.
- bSri Mohan Parasaran.
- cSri Tushar Mehta.
- dNone of the above
Answer & solution
Correct answer: C
Tushar Mehta was appointed Solicitor General of India on 10 October 2018 and was the incumbent at the time of this 2019 paper.
A gift comprising both existing arid future property is:
- avoid
- bvoidable
- cvoid as to the latter
- dValid
Answer & solution
Correct answer: C
Under Section 124 of the Transfer of Property Act, 1882, a gift comprising both existing and future property is void as to the latter (future property).
If the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years, the period of limitation for taking cognizance of the said offence shall be:
- aSix months.
- bOne year.
- cThree years.
- dNo limitation.
Answer & solution
Correct answer: C
Under Section 468 CrPC, 1973, where the offence is punishable with imprisonment exceeding one year but not exceeding three years, the period of limitation for taking cognizance is three years.
What forms the basis for rejection of the plaintiff under Order VII Rule 11 of Code of Civil Procedure, 1908?
- aOnly the pleadings of the plaintiff
- bBoth the pleadings of plaintiff and the defendant
- cpleadings of both the parties and the documents produced by them
- dall the above
Answer & solution
Correct answer: C
Under Order VII Rule 11 CPC, rejection of plaint is decided on the averments in the plaint and the documents filed by the plaintiff; the defence/written statement is irrelevant at this stage. The fullest correct expression among the options is pleadings of the plaintiff with documents produced, i.e. option (c).
Sec.304 of Code of Criminal Procedure, 1973 relates to the following subject:
- aTender of pardon to accomplice.
- bWithdrawal from Prosecution.
- cLegal aid to the accused at state expenses.
- dRelease of accused on probation of good behaviour.
Answer & solution
Correct answer: C
Section 304 CrPC, 1973 provides for legal aid to the accused at State expense in a trial before the Court of Session where he is not represented by a pleader and has insufficient means.
The extension of prescribed period of limitation under Section 5 of the Limitation Act, 1963 is applicable to
- aA suit
- bAn application for execution of a decree
- cBoth the above
- dNone of the above
Answer & solution
Correct answer: D
Section 5 of the Limitation Act, 1963 allows extension of the prescribed period only for appeals and applications (other than an application under any provision of Order XXI CPC); it does NOT apply to suits, and is expressly excluded for execution applications under Order XXI. Hence neither a suit nor an execution application qualifies, so 'None of the above'.
Which Section of the Indian Contract Act, 1872 states that the agreement in restraint of legal proceedings, is void?
- aSec.26.
- bSec.27.
- cSec.28.
- dSec.29.
Answer & solution
Correct answer: C
Section 28 of the Indian Contract Act, 1872 declares agreements in restraint of legal proceedings void. (Sec.27 deals with restraint of trade.)
Following is not one of the Tennis Grand Slam tournaments.
- aWimbledon.
- bAustralian Open.
- cFrench Open.
- dRogers Open.
Answer & solution
Correct answer: D
The four tennis Grand Slams are the Australian Open, French Open, Wimbledon and the US Open. The Rogers Open (Canadian Open) is not a Grand Slam.
The offence of "causing Grievous hurt whilst committing lurking house trespass or house breaking' as defined under Sec.459 of Indian Penal Code is triable by the following court:
- aAny Magistrate
- bMagistrate of First Class
- cChief Judicial Magistrate
- dCourt of sessions
Answer & solution
Correct answer: D
Per the First Schedule of the CrPC, 1973, the offence under Section 459 IPC (grievous hurt caused while committing lurking house-trespass/house-breaking, punishable with imprisonment for life or up to 10 years) is triable by the Court of Session.
In a suit for Specific Performance, if the relief for refund of earnest money is not claimed, the court can allow the plaintiff to amend the plaint to include a claim for the said relief:
- aBefore Filing the Written statement.
- bBefore Commencement of trial.
- cAt any stage of the Proceedings.
- dcan not be allowed to amend the plaint.
Answer & solution
Correct answer: C
Under Section 22(2) read with the proviso of the Specific Relief Act, 1963, the court may at any stage of the proceeding allow the plaintiff to amend the plaint to include a claim for refund of earnest money/compensation.
For the purpose of Sec.29, 30 and 31 of the Karnataka Rent Act, 1999 "immediate possession" means possession recoverable within____ from date of order of eviction.
- a30 days.
- b60 days.
- c90 days.
- done year
Answer & solution
Correct answer: B
Under the Karnataka Rent Act, 1999, 'immediate possession' for the purpose of Sections 28-31 means possession recoverable on the expiry of sixty days from the date of the order of eviction.
Thomas 86 Uber Cup related to which Sport:
- aFootball.
- bHockey.
- cBadminton.
- dTennis.
Answer & solution
Correct answer: C
The Thomas Cup (men) and Uber Cup (women) are world team championships in Badminton.
Following Article of the Constitution of India relates to Freedom to Manage Religious Affairs:
- aArticle 28
- bArticle 27
- cArticle 25
- dArticle 26
Answer & solution
Correct answer: D
Article 26 of the Constitution guarantees freedom to manage religious affairs. (Article 25 - freedom of conscience; Art.27 - no tax for promotion of religion; Art.28 - religious instruction in institutions.)
Any clerical or arithmetical mistakes in the judgments, decrees or orders can be corrected by the Court_______.
- awithin 30 days
- bwithin 60 days
- cwithin 90 days
- dat any time
Answer & solution
Correct answer: D
Section 152 CPC permits clerical or arithmetical mistakes in judgments, decrees or orders to be corrected by the court at any time, on its own motion or on application.
When a suit is instituted against a public officer for damages or other relief in respect of any act alleged to have been done by him in his official capacity, making the government as a party to the such suit is.
- amandatory
- bnot mandatory
- cchoice of the plaintiff
- dneed not be made as a party
Answer & solution
Correct answer: B
Under Section 79 read with Order XXVII CPC, a public officer may be sued for acts done in his official capacity; joining the Government is permissible but not mandatory (Section 80(2)/case law treat the Government as a proper, not necessary, party). Hence 'not mandatory'.
According to Sec.3 of the Indian Evidence Act, 1872, "Court" does not include the following:
- aJudges.
- bMagistrates.
- cArbitrators.
- dPersons legally authorised to take evidence.
Answer & solution
Correct answer: C
Section 3 of the Indian Evidence Act, 1872 defines 'Court' to include all Judges and Magistrates and all persons (except arbitrators) legally authorised to take evidence. Arbitrators are expressly excluded.
To obtain an order of eviction on the ground of sub-letting, the petition has to be filed under the following section of the Karnataka Rent Act 1999.
- aSec.27(2)(b)
- bSec.27(2)(d)
- cSec.27(2)(e)
- dSec.27(2)(h)
Answer & solution
Correct answer: A
Eviction on the ground of sub-letting/assigning/parting with possession without the landlord's written consent lies under Section 27(2)(b) of the Karnataka Rent Act, 1999.
A Magistrate of First class may pass a sentence of
- aImprisonment for a term not exceeding three years, or of fine not exceeding ten thousand rupees or of both.
- bImprisonment for a term not exceeding four years, or of fine not exceeding fifteen thousand rupees or of both.
- cImprisonment for a term not exceeding five years, or of fine not exceeding twenty thousand rupees or of both.
- dImprisonment for a term not exceeding seven years, or of fine not exceeding twenty five thousand rupees or of both.
Answer & solution
Correct answer: A
Section 29(2) CrPC, 1973: a Magistrate of the First Class may pass a sentence of imprisonment up to three years, or fine up to ten thousand rupees, or both.
Where both the parties to the agreement are under mistake as to matter of fact, the agreement will be______.
- aNot enforceable.
- bNot void.
- cVoid.
- dVoidable.
Answer & solution
Correct answer: C
Section 20 of the Indian Contract Act, 1872: where both parties to an agreement are under a mistake as to a matter of fact essential to the agreement, the agreement is void.
In a decree for payment of money, not arising out of a commercial transaction, the rate of interest to be awarded by the court from the date of decree to the date of payment is:
- a6%
- b10%
- c12%
- dContractual Rate of interest
Answer & solution
Correct answer: A
Under Section 34 CPC, post-decree (further) interest from date of decree to date of payment is capped at 6% per annum, except where the liability arises out of a commercial transaction (where a higher/contractual rate may be allowed).
As per Order XX Rule 6A of the Code of Civil Procedure, 1908, a decree has to be drawn within from the date on which the judgement is pronounced.
- a7 days
- b14 days
- c15 days
- d30 days
Answer & solution
Correct answer: C
Order XX Rule 6A CPC requires the decree to be drawn up as expeditiously as possible and, in any case, within fifteen days from the date on which the judgment is pronounced.
An Ophthalmologist treats the disorder of _____
- aEye
- bBone
- cSkin
- dHeart.
Answer & solution
Correct answer: A
An ophthalmologist is a medical specialist who treats disorders of the eye.
To constitute the offence under Sec. 138 of the Negotiable Instrument Act, 1881, the cheque has to be presented to the bank within a period of_____ months from the date on which it is drawn:
- aOne.
- bThree.
- cSix.
- dTwelve.
Answer & solution
Correct answer: B
Section 138 of the Negotiable Instruments Act, 1881 (as amended in 2002) requires the cheque to be presented within three months from the date on which it is drawn (or within its period of validity, whichever is earlier).
Following section of the Specific Relief Act, 1963 relates to granting of Mandatory Injunction.
- aSec.34.
- bSec.36.
- cSec.38.
- dSec.39.
Answer & solution
Correct answer: D
Section 39 of the Specific Relief Act, 1963 deals with mandatory injunctions (to compel performance of certain acts which the court is capable of enforcing). (Sec.38 - perpetual injunction; Sec.36 - preventive relief generally.)
The joint family of (13' owns 10-00 acres of land at Davanagere, 8-00 acres of land at Haven and 6-00 acres of land at Gadag. 'B' resides at Haven, whereas defendants reside at Gadag. 'B' has to file a suit for partition______.
- aOnly at Davanagere.
- bOnly at Gadag.
- cOnly at Haven.
- dEither at Davanagere or at Gadag or at Haven.
Answer & solution
Correct answer: D
Under Section 17 CPC, where a suit concerns immovable property situate within the jurisdiction of different courts, the suit may be instituted in any court within whose local limits any portion of the property is situate. The partition suit can be filed at Davanagere, Haveri or Gadag.
An agreement made without free consent is _____.
- aVoidable.
- bAlways void,
- cEither void or voidable.
- dunlawful.
Answer & solution
Correct answer: C
An agreement without free consent is generally voidable (Sec.19/19A, where consent is caused by coercion, fraud, misrepresentation or undue influence), but where consent is caused by bilateral mistake of fact it is void (Sec.20). Hence it may be either void or voidable.
Where the indigent person succeeds in his suit, court fee which would have been paid by him,_______.
- aShall be recovered by the Court.
- bShall be recovered by the State Government.
- cEither A or B
- dNeed not be recovered.
Answer & solution
Correct answer: B
Under Order XXXIII Rule 10 CPC, where an indigent plaintiff succeeds, the court fee that would have been paid is recoverable by the State Government from the party as per the decree, and is a first charge on the subject-matter of the suit.
The inherent powers under Sec.482 of the Code of Criminal Procedure, 1973 can be exercised by______.
- aThe Supreme Court.
- bThe High Court.
- cThe Court of Sessions.
- dAny Criminal Court.
Answer & solution
Correct answer: B
Section 482 CrPC, 1973 saves the inherent powers of the High Court only; such inherent powers can be exercised by the High Court.
A Warrant case, as defined under Sec.2(x) of Code of Criminal Procedure, 1973 means:
- aCase in which Court shall issue a warrant of arrest against the accused
- bRelating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years:
- cCase in which a police officer can arrest without warrant.
- dRelating to an offence punishable with imprisonment for a term not exceeding two years.
Answer & solution
Correct answer: B
Sec.2(x) CrPC defines a warrant-case as one relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years.
Sri Ramnath Kovind is the______ President of India.
- a11th
- b12th
- c13th
- d14th
Answer & solution
Correct answer: D
Ram Nath Kovind is the 14th President of India (counting from Rajendra Prasad), assuming office in July 2017.
One who does not believe in God is called______.
- aAtheist.
- bTheist.
- cOptimist
- dHeretic.
Answer & solution
Correct answer: A
An atheist is one who does not believe in the existence of God; a theist believes in God.
Which section of the Indian Evidence Act, 1872 states that no particular number of witnesses shall in any case be required for the proof of any fact:
- aSec.132.
- bSec.133.
- cSec. 134.
- dSec. 135.
Answer & solution
Correct answer: C
Sec.134 of the Indian Evidence Act, 1872 provides that no particular number of witnesses is required for proof of any fact.
To obtain an order of eviction under Sec.27(2) (a) of the Karnataka Rent Act,1999 on the ground of arrears of rent, the tenant should have failed to pay the arrears of rent within_______ from date of service of demand notice.
- a15 days.
- bOne month
- cTwo Months.
- dThree months.
Answer & solution
Correct answer: B
Under Sec.27(2)(a) of the Karnataka Rent Act, 1999, eviction for arrears lies where the tenant fails to pay within one month of service of the demand notice.
One of the following relief can not be granted under the Specific Relief Act, 1963
- aRescission of Contract.
- bRectification of Instruments.
- cRedemption of Mortgage.
- dCancellation of Instrument.
Answer & solution
Correct answer: C
The Specific Relief Act, 1963 provides for rescission, rectification and cancellation of instruments, but not redemption of mortgage, which is governed by the Transfer of Property Act.
Nothing is an offence which is done by a child under the age of____
- aSeven years.
- bEight years.
- cTen years.
- dTwelve years.
Answer & solution
Correct answer: A
Sec.82 IPC: nothing is an offence done by a child under seven years of age (doli incapax).
Under which section of the Indian Penal Code, non-treatment of a victim by a Public or Private hospital is punishable:
- aSec. 166
- bSec. 166A.
- cSec. 166B
- dSec. 167
Answer & solution
Correct answer: C
Sec.166B IPC penalises a public or private hospital's failure to treat a victim of specified offences (inserted by the Criminal Law (Amendment) Act, 2013).
The Fundamental Right conferred under Article 19 of the Constitution of India is available to:
- aCitizens of India.
- bCitizens of India and Foreigners also.
- cForeigners living in India also.
- dAll the above
Answer & solution
Correct answer: A
Article 19 freedoms are guaranteed only to citizens of India, not to foreigners or corporations.
Where an order of temporary injunction has been granted without giving notice to the opposite party, the court shall make an endeavour to finally dispose off the application within_____.
- a120 days
- b90 days
- c60 days
- d30 days
Answer & solution
Correct answer: D
Order XXXIX Rule 3A CPC requires the court to endeavour to finally dispose of an ex parte injunction application within 30 days.
One of the following is not an alternative dispute resolution mechanism under Section 89 of the Code of Civil Procedure, 1908.
- aMediation
- bJudicial settlement through Lok Adalat
- cConciliation
- dCompromise before the Court under order XXIII Rule 3 of the Code of the Civil Procedure, 1908
Answer & solution
Correct answer: D
Sec.89 CPC lists arbitration, conciliation, judicial settlement (incl. Lok Adalat) and mediation; a compromise under Order XXIII Rule 3 is not an ADR mechanism under Sec.89.
"X" proposes by letter, to sell a house to "Y" at a certain price. The communication of the proposal is complete when_______.
- a'X' puts letter in the letter box.
- b‘Y’receives the letter.
- c‘Y’puts his reply in the letter box.
- d'X' receives reply from Y"
Answer & solution
Correct answer: B
Sec.4 Indian Contract Act, 1872: communication of a proposal is complete when it comes to the knowledge of the person to whom it is made, i.e. when Y receives the letter.
Which Section of the Code of Criminal Procedure, 1973 relates to the prosecution of a public servant:
- aSec. 196.
- bSec.199.
- cSec.198.
- dSec.197.
Answer & solution
Correct answer: D
Sec.197 CrPC governs sanction for prosecution of public servants for acts done in discharge of official duty.
The limitation period of 12 years to file a suit for possession of an immovable property based on title starts from______.
- athe date of dispossession of the plaintiff
- bthe date of knowledge of the plaintiff about his dispossession
- cwhen the possession of the defendant becomes adverse to the plaintiff
- dall the above
Answer & solution
Correct answer: A
Under Article 65 of the Limitation Act, 1963, the 12-year period for a possession suit based on title is computed from the date the plaintiff was dispossessed (the cause for seeking possession).
Who is the present Chief Election Commissioner of India?
- aSri Sunil Arora.
- bSri Om Prakash Rawat
- cSri V.S.Sampath.
- dNone of the above.
Answer & solution
Correct answer: A
Sunil Arora was the Chief Election Commissioner at the time of the 2019 exam, having assumed office on 2 December 2018.
A declaration made under Chapter VI of the Specific Relief Act 1963 is binding on:
- aonly the parties to the suit.
- bpersons claiming through the parties to the suit respectively.
- cwhere any of the parties are trustees, on the persons for whom, if in existence at the date of declaration, such persons would be the trustees.
- dAll the above.
Answer & solution
Correct answer: D
Sec.35 of the Specific Relief Act, 1963 makes a declaration binding on the parties, those claiming through them, and (where a party is a trustee) the persons for whom they would be trustees.
What is the maximum amount of compensation which the Court can grant under Section 95 of the Code of Civil Procedure, 1908?
- aRs.10,000/-
- bRs.25,000/-
- cRs.50,000/-
- dRs. 1,00,000/-
Answer & solution
Correct answer: C
Sec.95 CPC: compensation for arrest/attachment/injunction obtained on insufficient grounds is capped at Rs.50,000 (the limit raised by the 1999 amendment).
An application under Code of Civil Procedure, 1908 for an order to set aside an abatement has to be filed within____ days from the date of abetment
- a60
- b90
- c30
- d120
Answer & solution
Correct answer: A
Article 121 of the Limitation Act, 1963 prescribes 60 days from the date of abatement to apply to set aside an abatement.
When India won the Cricket World Cup in 2011, who won the man of the series award.
- aSachin Tendulkar.
- bM.S.Dhoni.
- cYuvraj Singh.
- dVirat Kohli.
Answer & solution
Correct answer: C
Yuvraj Singh was Man of the Series (tournament) of the 2011 Cricket World Cup won by India.
For the act of criminal conspiracy under Sec.120A of Indian Penal Code, the minimum number of persons required are_______.
- aTwo
- bThree
- cFive
- dSeven
Answer & solution
Correct answer: A
Sec.120A IPC defines criminal conspiracy as an agreement between two or more persons; minimum two persons.
The President of India may make a declaration to the effect of Proclamation of Emergency under_____.
- aArticle 350 of the Constitution of India.
- bArticle 35 lof the Constitution of India.
- cArticle 352 of the Constitution of India.
- dArticle 353 of the Constitution of India.
Answer & solution
Correct answer: C
Article 352 of the Constitution empowers the President to proclaim a National Emergency.
If the Court permits the amendment of pleadings without stipulating the time limit to carryout the amendment, under Order VI Rule 18 of the Code of Civil Procedure, 1908, the amendment has to be carried out within_____ from the date of order.
- a7 days
- b14 days
- c30 days
- d1 month
Answer & solution
Correct answer: B
Order VI Rule 18 CPC: where no time is limited, the amendment must be carried out within 14 days from the date of the order.
Following is the smallest district (as per area) in the state of Karnataka:
- aKodagu.
- bUdupi
- cBengaluru Rural
- dBengaluru Urban.
Answer & solution
Correct answer: D
Bengaluru Urban is the smallest district of Karnataka by area among the options listed.
"A" puts his hand in the pocket of "B" for stealing money. He was unable to steal the money, since the pocket of "B" was empty. "A" has committed_____.
- aNo offence
- bMischief.
- cTheft.
- dAttempt to commit theft
Answer & solution
Correct answer: D
Putting one's hand into an empty pocket to steal is attempt to commit theft (impossible attempt); illustration to Sec.511 IPC.
The first Chief Minister of Karnataka (Then Mysore) was_____.
- aSri K.Chengalaraya Reddy.
- bSri Kengal Hanumanthaiah.
- cSri Kadidal Manjappa.
- dSri S.Nijalingappa.
Answer & solution
Correct answer: A
K. Chengalaraya Reddy was the first Chief Minister of Mysore State (1947), the predecessor of Karnataka.
Attempt to commit Robbery is punishable under:
- aSec.392 of Indian Penal Code.
- bSec.393 of Indian Penal Code.
- cSec.394 of Indian Penal Code.
- dSec.395 of Indian Penal Code.
Answer & solution
Correct answer: B
Section 393 IPC punishes attempt to commit robbery (Sec.390 defines robbery; Sec.392 punishes robbery).
Which Section of the Code of Criminal Procedure, 1973, states "No statement made by any person to a police officer in the course of an investigation shall, if reduced in writing, be signed by the person making it":
- aSec. 161.
- bSec. 162.
- cSec. 163.
- dSec. 164.
Answer & solution
Correct answer: B
Section 162 CrPC bars the signing of statements made to police during investigation and restricts their use.
In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural purpose shall be deemed to be lease from______.
- aMonth to month
- byear to year.
- cfor 5 years.
- dfor 10 years.
Answer & solution
Correct answer: B
Under Sec.106 Transfer of Property Act, absent contrary contract/usage, an agricultural-purpose lease is deemed year to year, terminable by six months' notice.
A conditional order for removal of Public nuisance under Sec133 of the Code of Criminal Procedure, 1973, may be passed by:
- aDistrict Magistrate.
- bSub-Divisional Magistrate
- cSpecially Empowered Executive Magistrate.
- dAny of the Above.
Answer & solution
Correct answer: D
Section 133 CrPC empowers a District Magistrate, Sub-Divisional Magistrate or other Executive Magistrate specially empowered, to pass a conditional order for removal of public nuisance.
A Caveat Petition filed under Section 148A of the Code of Civil Procedure, 1908 shall be in force for a period of______.
- a60 days
- b90 days
- c2 months
- d3 months
Answer & solution
Correct answer: B
Under Sec.148A CPC a caveat remains in force for 90 days from the date it is lodged.
"A" without the consent of "Z" and with an intention to cause injury, fear or annoyance to "Z", incites a dog to spring upon "Z". "A" has committed the offence of
- aAssault.
- bUse of criminal force.
- cMischief.
- dNegligent conduct with respect to animals.
Answer & solution
Correct answer: A
This is the illustration to Sec.351 IPC; inciting a dog to spring upon Z to cause apprehension is assault.
The plaintiff, who is in joint possession of the joint family property, filed a suit for partition and separate possession, claiming 1/5 share. According to the plaintiff, the total market value of the suit property is Rs.5,00,000/-. The court fee payable by the plaintiff is_______.
- aCourt fee on Rs.5,00,000/-
- bCourt fee on Rs. 1,00,000/-
- cFixed Court fee of Rs.100/-
- dFixed Court fee of Rs.200/-
Answer & solution
Correct answer: C
A plaintiff in joint possession suing for partition pays a fixed court fee (Sec.35(2) Karnataka Court Fees Act / equivalent), i.e. Rs.100, not ad valorem on the share.
The maximum term of imprisonment awardable in a summary trial case is:
- aTwo years
- bOne year.
- cSix months
- dThree months
Answer & solution
Correct answer: D
Section 262(2) CrPC caps imprisonment in a summary trial at three months.
"A" sells his house to "B", with a condition that "B" can not transfer that house to anyone except "C". The sale is_______.
- aVoid
- bVoidable
- cUnlawful.
- dValid, but condition is void.
Answer & solution
Correct answer: D
Under Sec.10 Transfer of Property Act, a condition absolutely restraining alienation is void, so the sale is valid but the condition is void.
The first Chief Justice of the Supreme Court of India was_____.
- aJustice M Patanjali Sastri
- bJustice H.J.Kania.
- cJustice P.B.Gajendragadkar.
- dJustice Mehr Chand Mahajan.
Answer & solution
Correct answer: B
Justice H.J. Kania was the first Chief Justice of the Supreme Court of India (1950).
Who among the following does not have the right to vote for an election of the President of India?
- aSpeaker of Vidhan Sabha.
- bSpeaker of Lok Sabha
- cPresident's nominee in Rajya Sabha
- dDeputy Speaker of Lok-sabha
Answer & solution
Correct answer: C
Under Art.54, nominated members of either House do not vote in the Presidential election; only elected MPs and elected MLAs do. Speaker/Deputy Speaker are elected members and may vote.
The procedure to be followed by the court, when there is dispute as to the relationship of landlord and tenant between the parties, is stated in the following section of the Karnataka Rent Act 1999:
- aSec.42
- bSec.43
- cSec.44
- dSec.45
Answer & solution
Correct answer: B
Section 43 of the Karnataka Rent Act, 1999 prescribes the procedure where there is a dispute as to the relationship of landlord and tenant.
What type of writ can be issued for an illegal detention?
- aWrit of Prohibition.
- bWrit of Habeas Corpus.
- cWrit of Mandamus.
- dWrit of Quo Warranto°.
Answer & solution
Correct answer: B
A writ of Habeas Corpus is issued to produce a detained person and test the legality of detention.
The International Court of Justice is situated at_____.
- aLondon.
- bParis.
- cBerlin.
- dHague
Answer & solution
Correct answer: D
The International Court of Justice is seated at The Hague, Netherlands (Peace Palace).
To file a suit against the Railways, the notice under Sec.80 of Code of Civil Procedure 1908 has to be delivered to the office of_______.
- aSecretory to the Central Government.
- bThe General Manager of that Railway.
- cThe Chief Manager of the Railways.
- dNone of the Above
Answer & solution
Correct answer: B
Under Sec.80(1)(c) CPC, a suit against a railway requires notice to the General Manager of that railway.
A lease of immovable property for manufacturing purposes is terminable by_____.
- afifteen days notice.
- bone month's notice.
- csix months notice.
- done year notice.
Answer & solution
Correct answer: C
Under Sec.106 Transfer of Property Act, a lease for manufacturing purposes is year to year, terminable by six months' notice.
Which section of the Indian Evidence Act, 1872 declares that an "Accomplice" shall be a competent witness?
- aSec. 135
- bSec.134
- cSec.132
- dSec. 133
Answer & solution
Correct answer: D
Section 133 of the Indian Evidence Act declares an accomplice a competent witness.
Which Section of the Indian Penal Code defines the offence of sedition?
- aSec. 121
- bSec.121A
- cSec. 124
- dSec. 124A
Answer & solution
Correct answer: D
Section 124A IPC defines and punishes sedition.
The National Legal Services day is observed in India on______.
- a26th November.
- b9th November.
- c6th December.
- d20th October.
Answer & solution
Correct answer: B
National Legal Services Day is observed on 9 November, commemorating the enforcement of the Legal Services Authorities Act, 1987 on 9 Nov 1995.
As per Sec.143 of the Negotiable Instrument Act, 1881 the trial of all the offences under Chapter XVII of the said act shall be made to conclude within____ from the date of filing complaint.
- aSix months.
- bOne year.
- cTwo years.
- dThree years.
Answer & solution
Correct answer: A
Section 143 of the Negotiable Instruments Act requires the trial of Chapter XVII offences (e.g. Sec.138) to be concluded within six months from filing the complaint.
The Court can appoint a commissioner to make partition of immovable property as per preliminary decree for partition under______.
- aOrder XXVI Rule 1 of the Code of Civil Procedure, 1908
- bOrder XXVI Rule 4 of the Code of Civil Procedure, 1908
- cOrder XXVI Rule 9 of the Code of Civil Procedure, 1908
- dOrder XXVI Rule 13 of the Code of Civil Procedure, 1908
Answer & solution
Correct answer: D
Order XXVI Rule 13 CPC empowers the court to issue a commission to make partition of immovable property as per the preliminary decree.
The present Advocate General of Karnataka is_____.
- aSri Uday HoIla.
- bSri Prabhuling K. Navadgi
- cSri B.V.Acharya
- dProf. Ravivarma Kumar
Answer & solution
Correct answer: B
Sri Prabhuling K. Navadgi was the Advocate General of Karnataka (appointed July 2019), the relevant officeholder for this 2019 paper.
The age of retirement of a Chief Justice of a High Court in India is____.
- a60 years
- b62 years
- c65 years
- d68 years
Answer & solution
Correct answer: B
Under Art.217(1) of the Constitution, a High Court judge (including the Chief Justice) retires at 62 years.
The guidelines issued by the Hon'ble Supreme Court in the judgement of D.K.Basu us State of West Bengal relates to the following subject:
- aSexual Harassment on women
- bSafeguarding the rights of arrested persons
- cSafeguarding the rights of children
- dSexual Harassment in the workplace
Answer & solution
Correct answer: B
D.K. Basu v. State of West Bengal (1997) laid down guidelines safeguarding the rights of arrested persons against custodial abuse.
Which Section of the Negotiable Instrument Act, 1881 states that the evidence of the complainant may be given by him on affidavit?
- aSec. 144.
- bSec. 145.
- cSec. 146.
- dSec.147.
Answer & solution
Correct answer: B
Section 145 of the Negotiable Instruments Act permits the complainant's evidence to be given on affidavit.
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