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Kerala Judiciary — Prelims 2016

100 questions Objective 100 answers with solutions PDF
1

An instrument can be rectified under Section 26 of the Specific Relief Act, 1963 if the plaintiff pleads and proves that -

  • athrough a mistake of the parties the contract does not express the real intention.
  • bon account of coercion by the opposite party the contract does not express the real intention.
  • cthrough fraud or mutual mistake of the parties the contract does not express their real intention.
  • dthrough misrepresentation of one of the parties the contract does not express their real intention.
Answer & solution

Correct answer: C

Section 26 SRA allows rectification where through fraud or a mutual mistake of the parties the instrument does not express their real intention.

2

“Decree” means the formal expression of an adjudication which, so far as regards the court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit. Which of the following statements is untrue?

  • aIt may be either preliminary or final.
  • bIt includes the rejection of a complaint.
  • cIt includes the determination of any question within Section 144 CPC.
  • dIt includes an order of dismissal of a suit for default.
Answer & solution

Correct answer: B

Under Section 2(2) CPC 'decree' includes rejection of a plaint, not 'rejection of a complaint'; the latter statement is therefore untrue.

3

Plaintiff in a suit for specific performance of a contract has necessarily to plead and prove that -

  • ahe had been ready and willing to perform his part of the contract at the time when he entered into the contract.
  • bhe shall perform all his obligations in case the suit is decreed.
  • che has performed all his obligations under the .contract. .
  • dhe has performed and has always been ready and willing to perform the essential terms of the contract.
Answer & solution

Correct answer: D

Section 16(c) SRA requires the plaintiff to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract (continuous readiness and willingness).

4

If a defendant sets up a counterclaim in a suit,the same may be proceeded with even if-

  • athe suit by the plaintiff is stayed.
  • bplaintiff discontinued the suit.
  • cthe suit is dismissed.
  • dunder all the circumstances mentioned above.
Answer & solution

Correct answer: D

Order 8 Rule 6D CPC: a counterclaim may be proceeded with even though the plaintiff's suit is stayed, discontinued or dismissed, i.e. in all the circumstances mentioned.

5

A tenant takes a building on lease in an area notified under the Kerala Buildings (Lease and Rent Control) Act, 1965. He was prohibited from creating a sub- lease by the terms of the lease. Later he forms a partnership with another person and conducts the business. Landlord initiates proceedings under the Act for eviction on the reason of sub-lease. Decide.

  • aAction is not maintainable since there is no transfer of right or possession involved in this case.
  • bAction is maintainable because the lease deed prohibited the tenant from doing so.
  • cAction is maintainable because there is a transfer of a fraction of leasehold right involved.
  • dAction is not maintainable because the tenant has not sub-let the entire building.
Answer & solution

Correct answer: A

Where the tenant merely takes in a partner and continues to conduct the business himself, there is no exclusive transfer of right or possession, hence no sub-lease; the eviction action is not maintainable.

6

Suit against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity shall be instituted after the expiry of next after the notice in writing has been delivered to the persons mentioned in Section 80 CPC.

  • atwo months.
  • b60 days.
  • cthree months.
  • d90 days.
Answer & solution

Correct answer: A

Section 80 CPC bars institution of such a suit until the expiration of two months next after notice in writing has been delivered.

7

X promises to supervise, on behalf of Y, a manufacturer of pickles, an illegal traffic in narcotic drugs. Y promises to pay X a salary of ^1,00,000/- per month for supervising his business. The agreement is-

  • avoidable, at the instance of X.
  • bvalid, as one part of the contract is valid.
  • cvoid, as the object of X's promises and the consideration for Y's promise, being in part unlawful.
  • dvoidable, at the instance of Y.
Answer & solution

Correct answer: C

Under Section 23/24 Contract Act, where the object/consideration is unlawful in part and cannot be severed, the whole agreement is void.

8

In a suit for permanent prohibitory injunction a question of title arose for consideration. Parties adduced evidence in respect of title as well. After trial, the suit was dismissed. Thereafter the plaintiff filed a second suit for recovery of possession on the strength of title. The second suit is -

  • abarred by res Judicata.
  • bnot barred by res Judicata since the causes of action are different.
  • cbarred by Order 2 Rule 2 CPC.
  • dnot barred by res judicata as the two suits are of different nature.
Answer & solution

Correct answer: B

A finding on title incidentally rendered in an injunction suit does not operate as res judicata in a later title/possession suit; the causes of action being different, the second suit is not barred (Sajjadanashin Sayed v. Musa Dadabhai).

9

Every person is competent to contract -

  • awho is of the age of majority according to the law to which he is subject.
  • bwho is of sound mind.
  • cwho is not disqualified from contracting by any law to which he is subject.
  • dall the above.
Answer & solution

Correct answer: D

Section 11 Contract Act: every person of the age of majority, of sound mind, and not disqualified by any law is competent to contract — all the above.

10

“A court is not bound to grant a decree for specific performance of a contract merely because it is lawful to do so”. This statement is-

  • aFalse
  • bTrue
  • cPartly true and partly false
  • dNone of the above
Answer & solution

Correct answer: B

Section 20 SRA, 1963 (now substituted): specific performance is discretionary, so a court is not bound to decree it merely because it is lawful — the statement is True.

11

Which of the following statement of law is untrue:

  • aDecree holder under Section 2(3) CPC means any person in whose favour a decree has been passed.
  • bDecree holder means any person in whose favour an order capable of execution has been made.
  • cDecree holder necessarily must be the plaintiff himself.
  • dDecree holder can be a person who is not a party to the suit, but in whose favour an order capable of execution has been passed.
Answer & solution

Correct answer: C

Section 2(3) CPC: a decree-holder is any person in whose favour a decree/executable order is passed, and need not be the plaintiff; so the statement that he must necessarily be the plaintiff is untrue.

12

“A contract is not voidable because it was caused by a mistake as to any law in force in India”. This statement is -

  • aFalse
  • bTrue
  • cPartly true and partly false
  • dNone of the above
Answer & solution

Correct answer: B

Section 21 Contract Act: a contract is not voidable because of a mistake as to a law in force in India — the statement is True.

13

Civil Courts shall have jurisdiction to try all suits of a civil nature -

  • aexcepting the suits of which their cognizance is expressly barred.
  • bexcepting the suits of which their cognizance is impliedly barred.
  • cexcepting the suits of which their cognizance is either expressly or impliedly barred.
  • dcivil courts have jurisdiction to try all suits in spite of an express or implied bar.
Answer & solution

Correct answer: C

Section 9 CPC: civil courts have jurisdiction over all suits of a civil nature except those whose cognizance is expressly or impliedly barred.

14

A, a building contractor, contracts with B to build a house for the latter. In spite of making part payments for the work done, A commits a breach of contract and obtains profit. Can B rescind the contract and claim compensation from A for the breach?

  • aYes. Since B rightfully rescinded the contract, he is entitled to compensation for damage sustained.
  • bYes. He can rescind the contract, but cannot claim compensation.
  • cIf B rescinds the contract, it becomes an unlawful rescission for which he will be liable for damages.
  • dB's remedy is only to compel A to complete the construction by taking appropriate legal action.
Answer & solution

Correct answer: A

Section 75 Contract Act: a party rightfully rescinding a contract is entitled to compensation for any damage sustained through the non-fulfilment of the contract.

15

A plaintiff was rejected under Order 7 Rule 11 CPC finding that it did not disclose a cause of action. What is the remedy available to the aggrieved plaintiff?

  • aFile a revision
  • bFile an appeal
  • cFile a restoration petition
  • dAnyone of the above
Answer & solution

Correct answer: B

Rejection of a plaint under Order 7 Rule 11 is a 'decree' (Section 2(2) CPC), so the remedy of the aggrieved plaintiff is to file an appeal.

16

Defaulting pawner's right to redeem lasts up to-

  • athe time stipulated for payment of debt.
  • bthe time before actual sale of the goods pledged.
  • cthe time before he receives a notice of sale of the goods.
  • dHe can redeem the goods even after sale, if he pays any expenses which had arisen from his default.
Answer & solution

Correct answer: B

Section 177 Contract Act: a defaulting pawnor's right to redeem subsists until the actual sale of the pledged goods.

17

In the absence of a contract or local law or usage to the contrary, a lease of immovable property for any purpose other than agricultural or manufacturing purposes shall be terminable on the part of either lessor or lessee by day's notice.

  • a30 days
  • b60 days
  • c15 days
  • d90 days
Answer & solution

Correct answer: C

Section 106 TPA: a lease for non-agricultural/non-manufacturing (i.e. other) purposes is deemed month-to-month, terminable by 15 days' notice.

18

Section 64 CPC says that where an attachment has been made, any private transfer or delivery of the property attached shall be void as against all claims enforceable under the attachment. Which of the following is an exception to the said rule?

  • aIf the private transfer was pursuant to any contract entered into before the attachment.
  • bIf the private transfer was made in pursuance of any contract made on the date of attachment.
  • cIf the private transfer was made in pursuance of any contract entered into and registered before the attachment.
  • dIf the private transfer was made in pursuance of a contract entered into immediately after the attachment.
Answer & solution

Correct answer: C

The proviso to Section 64 CPC saves a private transfer made in pursuance of a contract entered into and registered before the attachment.

19

Which of the following statements is untrue?

  • aAn agency is terminated by the principal revoking his authority.
  • bAn agency is terminated by the agent renouncing the business of the agency.
  • cAn agency is terminated by either the principal or agent dying or becoming unsound.
  • dAn agency is terminated when the principal is convicted for an offence.
Answer & solution

Correct answer: D

Section 201 Contract Act lists the modes of termination of agency (revocation, renunciation, death/unsoundness, etc.); mere conviction of the principal for an offence is not a listed mode, so that statement is untrue.

20

In order to get the benefit of Section 53A of Transfer of Property Act, 1882, what are the conditions to be satisfied?

  • aThe transferee has, in part performance of the contract, taken possession of the property or any part thereof.
  • bThe transferee, being already in possession, should continue in possession in part performance of the contract.
  • cThere must be a registered instrument of transfer, although the transfer has not been completed in the manner prescribed by the Registration Act, 1908.
  • dAll the above should exist.
Answer & solution

Correct answer: A

Section 53A TPA requires (among other conditions) that the transferee, in part performance, has taken possession of the property or any part thereof; the section requires a written (not necessarily registered) contract, so option (c) is wrong and (a) states a true condition.

21

Fact that a civil court has no jurisdiction to try a suit shall be a bar to the exercise of its power to determine by whom or out of what property the costs are to be paid. This statement is-

  • aFalse
  • bTrue
  • cPartly true and partly false
  • dNone of the above
Answer & solution

Correct answer: A

Section 35(2)/Order proviso: want of jurisdiction to try a suit is NOT a bar to the court's power to determine by whom and out of what property costs are to be paid — the statement is False.

22

A, the plaintiff in a suit for specific performance of contract obtained a decree against B, the defendant. Later A failed to perform his obligations under the decree. What is the remedy open to B in such circumstances?

  • aHe can approach the court with a separate suit seeking rescission of the contract.
  • bHe can approach the court with an application in the same suit to have the contract rescinded.
  • cHe can approach the competent court to execute the decree in order to rescind the contract.
  • dHe has to file an appeal challenging the decree.
Answer & solution

Correct answer: B

Section 28 SRA: where the plaintiff fails to perform under a specific-performance decree, the defendant's remedy is to apply in the same suit to have the contract rescinded (not a fresh suit).

23

Power to amend clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may be corrected -

  • aat any time.
  • bwithin one year.
  • cwithin three years.
  • dwithin 12 years.
Answer & solution

Correct answer: A

Section 152 CPC: clerical or arithmetical mistakes / accidental slips in judgments, decrees or orders may be corrected at any time.

24

In a case, the plaintiff was able to seek a further relief than a mere declaration of title; but he intentionally omitted to seek the consequential relief. The suit was decreed. The decision of the court is -

  • acorrect
  • bincorrect
  • c: partly correct
  • dthe court has power to mould the relief by granting consequential relief
Answer & solution

Correct answer: B

The proviso to Section 34 SRA bars a court from making a bare declaration where the plaintiff, able to seek further (consequential) relief, omits to do so; decreeing the suit was therefore incorrect.

25

Which one of the following need not be specifically pleaded in the pleadings?

  • aMisrepresentation
  • bFraud
  • cBreach of trust
  • dPresumptions of law
Answer & solution

Correct answer: D

Order 6 Rule 4 CPC requires misrepresentation, fraud, breach of trust, etc. to be specifically pleaded; presumptions of law need not be pleaded.

26

In a suit for permanent prohibitory injunction the court after trial found that the plaintiff is entitled to the relief claimed and also found that the plaintiff is entitled to get damages, although there was no plea raised in the plaint. The court granted a decree for injunction and damages in favour of the plaintiff. The decision is -

  • acorrect, as the court was dealing with an equitable jurisdiction.
  • bwrong because no relief by way of damages should have been granted unless the plaintiff has claimed for such a relief.
  • ccorrect because the plaintiff had every right to amend the suit and therefore, even without an amendment it was rightly granted.
  • dwrong because the plaintiff had no right to amend the plaintiff claiming damages at any point of time.
Answer & solution

Correct answer: B

Damages cannot be granted unless specifically claimed in the plaint (Order 7 Rule 7 / Section 34 SRA); courts cannot award unpleaded relief like damages. The decree to that extent is wrong.

27

Any material alteration of a negotiable instrument, if made by an indorsee, has the effect of -

  • adischarging his indorsor from all liabilities.
  • bbinding himself with the liability.
  • cboth the indorsee and indorsor are discharged from the liability.
  • dno legal effect at all.
Answer & solution

Correct answer: A

Under Section 88 of the Negotiable Instruments Act, 1881, an indorser who makes a material alteration discharges his indorsers; the indorser prior to the altering indorsee is discharged from all liability (Sections 87-88).

28

A suit by a person dispossessed from immovable property can be filed under Section 6 of the Specific ReliefAct, 1963 -

  • aafter the expiry of six months from the date of dispossession.
  • bafter the expiry of one year from the date of dispossession.
  • cbefore the expiry of six months from the date of dispossession. .
  • dbefore the expiry of one year from the date of dispossession.
Answer & solution

Correct answer: C

Section 6 SRA, 1963 requires a dispossession suit to be filed before the expiry of six months from the date of dispossession (Section 6(2)(a)).

29

When a promissory note, bill of exchange or cheque is transferred to any person, so as to constitute the person the holder thereof, the instrument is said to be -

  • aendorsed in favour of the transferee.
  • bNegotiated.
  • caffected payment in due course.
  • dAccepted.
Answer & solution

Correct answer: B

Section 14 of the Negotiable Instruments Act, 1881: when a note, bill or cheque is transferred so as to constitute the transferee its holder, the instrument is said to be negotiated.

30

A criminal court shall take cognizance of an offence under Section 138 of the Negotiable Instruments Act, 1881 -

  • aupon a complaint in writing by any aggrieved person.
  • bupon a complaint in writing made by the payee.
  • cupon a complaint made by the payee or the holder in due course of the cheque.
  • dupon a complaint, in writing, made by the payee or the holder in due course of the cheque.
Answer & solution

Correct answer: D

Section 142(a) NI Act: cognizance of a Section 138 offence is taken only upon a complaint in writing made by the payee or the holder in due course of the cheque.

31

In Section 3 of the Transfer of Property Act, 1882 “instrument” is defined as -

  • anon-testamentary instrument.
  • bboth testamentary and non-testamentary instruments.
  • ctestamentary instruments.
  • dinstruments affecting sale, mortgage, lease and gift alone.
Answer & solution

Correct answer: A

Section 3 of the Transfer of Property Act, 1882 defines 'instrument' to mean a non-testamentary instrument.

32

Power to appoint a receiver in a suit should be invoked by the court if -

  • awhere it appears that the plaintiff has a prima facie case.
  • bwhere it appears that the balance of convenience is in favour of appointing a receiver.
  • cwhere it appears to the court that it is just and convenient.
  • dwhere the court is satisfied that the defendant is trying to obstruct or delay the execution of decree.
Answer & solution

Correct answer: C

Order 40 Rule 1 CPC: the court may appoint a receiver where it appears to the court to be just and convenient to do so.

33

Which of the following statement is untrue as per Section 6 of the Transfer of Property Act, 1882 -

  • aA mere right to sue cannot be transferred.
  • bAn easement can be transferred apart from the dominant heritage.
  • cThe chance of an heir-apparent succeeding to the estate cannot be transferred.
  • dThe chance of a relation obtaining a legacy on the death of a kinsman cannot be transferred.
Answer & solution

Correct answer: B

Section 6(c) TPA bars transfer of an easement apart from the dominant heritage; therefore the statement that an easement CAN be so transferred is untrue.

34

Under Section 11 (4)(ii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 the landlord can seek eviction of a tenant if he uses the building -

  • ain such a manner as to destroy its value.
  • bin such a manner as to reduce its value or utility.
  • cin such a manner as to destroy or reduce its value or utility materially.
  • din such a manner as to destroy or reduce its value or utility materially and permanently.
Answer & solution

Correct answer: D

Section 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 permits eviction where the tenant uses the building in such a manner as to destroy or reduce its value or utility materially and permanently.

35

Which of the following is not attachable before judgement under Order 38 Rule 5 CPC?

  • aImmovable property
  • bAgricultural produce in the possession of an agriculturist
  • cUndivided share in immovable property
  • dFixed deposits in banks
Answer & solution

Correct answer: B

Order 38 Rule 5 read with the proviso to Order 38 Rule 5 / Order 38 Rule 12 CPC: agricultural produce in the possession of an agriculturist is exempt from attachment before judgment.

36

Acceptance of a gift under Section 122 of the Transfer of Property Act, 1882 should be made -

  • aduring the lifetime of the donor.
  • bwhile the donor is capable of giving.
  • cduring the lifetime of the donor and while he is capable of giving.
  • dduring the lifetime of the donor, whether he is capable of giving or not.
Answer & solution

Correct answer: C

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

37

A tenant in a building situated in an area not covered by the Kerala Buildings (Lease and Rent Control) Act, 1965 was ordered to be evicted in a suit at the instance of the landlord. Before execution of the decree, the Act was notified to the area in question. In such a situation, can the tenant be evicted in execution of the decree in the suit?

  • aHe cannot be evicted except in accordance with the provisions of the Act.
  • bHe can be evicted, as the Act was applied to the area subsequent to the decree.
  • cHe can be evicted because the execution court cannot go behind the decree.
  • dHe cannot be evicted because the Munsiff's court is not the executing court as per the Act.
Answer & solution

Correct answer: A

Once the Rent Control Act is notified to the area, its protective provisions apply and the tenant cannot be evicted except in accordance with the Act, notwithstanding the prior civil decree (the Act overrides). The benefit of the Act applies even at the execution stage.

38

Which one of the following is not a presumption as to a negotiable instrument under Section 118 of the Negotiable Instruments Act, 1881 ?

  • aEvery negotiable instrument bearing a date was made or drawn on such date.
  • bEvery transfer of a negotiable instrument was made before its maturity.
  • cEvery bill of exchange was accepted within a reasonable time after its date and before its maturity.
  • dA lost promissory note, bill of exchange or cheque was not duly stamped.
Answer & solution

Correct answer: D

Section 118(e) NI Act presumes that a lost instrument WAS duly stamped; the statement that it was NOT duly stamped is therefore not a presumption under Section 118.

39

A landlord whose right to recover possession arises under an instrument of transfer inter vivos shall be entitled to apply to be put in possession under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 until the expiry of from the date of the instrument.

  • asix months
  • bnine months
  • cone year
  • dtwo years
Answer & solution

Correct answer: C

Third proviso to Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965: a landlord whose right arises under an instrument of transfer inter vivos cannot apply to be put in possession until the expiry of one year from the date of the instrument.

40

Which one is the incorrect statement?

  • aAn injunction cannot be granted to restrain any person from prosecuting a judicial proceeding.
  • bAn injunction cannot be granted to prevent a breach of contract, performance of which could not be specifically enforced.
  • cAn injunction cannot be granted to prevent a breach of contract, performance of which could be specifically enforced.
  • dAn injunction cannot be granted when the plaintiff has no personal interest in the matter.
Answer & solution

Correct answer: C

Section 41 SRA bars injunctions to prevent breach of contract NOT specifically enforceable; an injunction CAN be granted to prevent breach of a contract that could be specifically enforced. Hence option (c) is the incorrect statement.

41

A report of a Police Officer after investigation shall be deemed to be a complaint;

  • aif it discloses a cognizable offence.
  • bif it discloses a cognizable case.
  • cif it discloses a non-cognizable offence. . .
  • dnone of the above.
Answer & solution

Correct answer: C

Explanation to Section 2(d) CrPC: a police report relating to a NON-cognizable offence after investigation is deemed to be a complaint (the officer making it deemed the complainant).

42

As per Cr.PC., “Complaint” includes -

  • aany allegation made orally only to a Magistrate.
  • bany allegation made in writing only to a Magistrate.
  • cany allegation made orally or in writing to a Magistrate.
  • dany allegation made orally or in writing to a Police Officer.
Answer & solution

Correct answer: C

Section 2(d) CrPC defines 'complaint' as any allegation made orally or in writing to a Magistrate (with a view to action under the Code).

43

Trial commences -

  • aon the framing of charges.
  • bon the filing of a complaint.
  • con the filing of the final report.
  • don examination of witnesses.
Answer & solution

Correct answer: A

In a warrant/sessions trial, the trial commences with the framing of charges; the steps before that are inquiry.

44

When a person who is legally entitled to a property is gaining it by unlawful means -

  • ait is a wrongful gain.
  • bit is not a wrongful gain.
  • cit is a mischief.
  • dit is a theft.
Answer & solution

Correct answer: A

Section 23 IPC: 'wrongful gain' is gain by unlawful means of property to which the person gaining is not legally entitled. (Note: the question is imperfectly worded; the intended answer is wrongful gain.)

45

A person is said to do a thing fraudulently, if he does that thing -

  • aillegally.
  • bunlawfully.
  • cwith intent to defraud.
  • dnone of the above.
Answer & solution

Correct answer: C

Section 25 IPC: a person does a thing 'fraudulently' if he does it with intent to defraud but not otherwise.

46

In order to attract Section 149 IPC, a member of the unlawful assembly has to commit an offence -

  • ain furtherance of the common intention of all.
  • bin prosecution of the common object of that assembly.
  • cin cooperation with others.
  • dnone of the above.
Answer & solution

Correct answer: B

Section 149 IPC fixes constructive liability on a member of an unlawful assembly for offences committed in prosecution of the common object of that assembly.

47

When two or more persons, by fighting in a public place, disturb the public peace, they are said to -

  • acommit an affray.
  • bcommit rioting.
  • cconstitutes an unlawful assembly.
  • dcommit no offence.
Answer & solution

Correct answer: A

Section 159 IPC: when two or more persons by fighting in a public place disturb the public peace, they are said to commit an affray.

48

In order to constitute an offence under Section 279 IPC, a person has to drive any vehicle or ride -

  • ain any public place.
  • bon another person's property.
  • cin any public way.
  • don Government property.
Answer & solution

Correct answer: A

Section 279 IPC penalises rash or negligent driving of, or riding, any vehicle on a public way (the section's words are 'public way'). The correct statutory term is public way.

49

Whoever, to the annoyance of others does an obscene act in any public place, commits an offence under -

  • aSection 294(a) IPC.
  • bSection 294(b) IPC.
  • cSection 332 IPC.
  • dSection 352 IPC.
Answer & solution

Correct answer: A

Section 294(a) IPC penalises whoever, to the annoyance of others, does any obscene ACT in any public place; clause (b) covers obscene songs/words. The question describes an obscene act, so Section 294(a).

50

The offence of voluntarily causing grievous hurt to deter a public servant from his duty is triable by -

  • aThe High Court.
  • bJudicial First Class Magistrate's Court.
  • cThe Court of an Executive Magistrate.
  • dThe Court of Session.
Answer & solution

Correct answer: D

Voluntarily causing grievous hurt to deter a public servant is Section 333 IPC, punishable up to 10 years; per the First Schedule CrPC it is triable by the Court of Session.

51

In order to constitute Dowry Death, the death of the woman should occur within-

  • aa few days after her marriage.
  • ba few months after her marriage.
  • cthree years of her marriage.
  • dseven years of her marriage.
Answer & solution

Correct answer: D

Under Section 304B IPC, dowry death requires the woman's death (by burns/bodily injury or otherwise than under normal circumstances) within seven years of her marriage.

52

In order to attract Section 304A IPC, death should be caused -

  • aby causing grievous hurt.
  • bby rash and negligent driving.
  • cby doing any rash or negligent act.
  • dby causing hurt.
Answer & solution

Correct answer: C

Section 304A IPC covers death caused by any rash or negligent act not amounting to culpable homicide; it is not confined to driving.

53

Voluntarily causing grievous hurt by use of acid, invites an offence under -

  • aSection 324 IPC.
  • bSection 304 IPC.
  • cSection 326 IPC.
  • dSection 326A IPC.
Answer & solution

Correct answer: D

Voluntarily causing grievous hurt by use of acid is the specific offence under Section 326A IPC (inserted by the Criminal Law Amendment Act, 2013).

54

Whoever assaults or uses criminal force to deter a public servant from the discharge of his duty, commits an offence under -

  • aSection 323 IPC.
  • bSection 332 IPC.
  • cSection 353 IPC.
  • dSection 326 IPC.
Answer & solution

Correct answer: C

Section 353 IPC punishes assault or criminal force to deter a public servant from discharge of his duty. (S.332 is about voluntarily causing hurt to deter, not mere assault/criminal force.)

55

A man, who follows a woman and attempts to contact her to foster personal interaction, despite clear indication of disinterest by such woman -

  • aoutraged her modesty.
  • bcommits sexual assault.
  • ccommits Voyeurism.
  • dcommits Stalking.
Answer & solution

Correct answer: D

Following a woman and repeatedly contacting her to foster personal interaction despite clear disinterest is stalking under Section 354D IPC.

56

For kidnapping a person from lawful guardianship, the victim should be -

  • aunder the age of fourteen years.
  • bunder the age of sixteen years in case of male and eighteen years in the case of females.
  • cunder the age of eighteen years in case of male and twenty one years in the case of female.
  • dunder the age of eighteen years.
Answer & solution

Correct answer: B

Under Section 361 IPC, kidnapping from lawful guardianship is of a minor under sixteen years (male) and under eighteen years (female), or any person of unsound mind.

57

A person, who induces by deceitful means, a woman of twenty years to go from her place to another place, commits -

  • aabduction.
  • bkidnapping.
  • centicing.
  • dprocuration.
Answer & solution

Correct answer: A

Inducing a person (here an adult woman of 20) by deceitful means to go from one place to another is abduction under Section 362 IPC; kidnapping is age-restricted, so abduction applies.

58

In a case, wherein an accused, who is represented by a pleader, persistently disturbs the proceedings in court, the Magistrate can -

  • adispense with his attendance and proceed with the trial in his absence.
  • bcancel his bail and remand him to custody.
  • cpronounce judgement based on the available evidence. .
  • dacquit him.
Answer & solution

Correct answer: A

Under Section 317 CrPC, where an accused represented by a pleader persistently disturbs proceedings, the Magistrate may dispense with his attendance and proceed with the trial in his absence.

59

When one among the accused in a case, who is not represented by a pleader, persistently disturbs the proceedings in court, the Magistrate can -

  • adispense with his attendance and proceed with the trial in his absence.
  • border that the case of that accused be tried separately.
  • cpronounce judgement based on the available evidence.
  • dcancel his bail and remand him to custody.
Answer & solution

Correct answer: B

Under the proviso to Section 317(1) CrPC, where the accused is not represented by a pleader, the Magistrate may order that the case of such accused be tried separately.

60

Trial culminates -

  • aon the pronouncement of judgement.
  • bon examination of the accused.
  • con examination of the defence witnesses.
  • don examination of all the witnesses.
Answer & solution

Correct answer: A

A criminal trial culminates in the pronouncement of judgment (acquittal or conviction).

61

The power of the court under Section 319 Cr.P.C. can be exercised -

  • ain the course of inquiry only.
  • bat any stage of the case.
  • cin the course of any inquiry into, or trial of, an offence.
  • dafter trial.
Answer & solution

Correct answer: C

Section 319 CrPC allows the court to proceed against a person not an accused only in the course of any inquiry into, or trial of, an offence.

62

Consent to withdraw from the prosecution can be granted -

  • aonly prior to the framing of the charges.
  • bonly after the framing of the charges.
  • conly after the examination of witnesses.
  • dat any time before the judgement is pronounced.
Answer & solution

Correct answer: D

Under Section 321 CrPC the Public Prosecutor may, with the court's consent, withdraw from prosecution at any time before judgment is pronounced.

63

Offence of theft is confined to -

  • amovable property.
  • bimmovable property.
  • cintellectual property.
  • dany kind of property.
Answer & solution

Correct answer: A

Theft under Section 378 IPC is confined to movable property, since it involves moving the property out of possession.

64

When an offence is committed by an Indian citizen outside India, previous sanction of the Central Government is required-

  • afor inquiry only.
  • bfor conducting the investigation.
  • cfor inquiry and trial in India.
  • dfor conviction and sentence.
Answer & solution

Correct answer: C

Under Section 188 CrPC, where an offence is committed outside India by an Indian citizen, it may be inquired into and tried in India only with the previous sanction of the Central Government.

65

Who among the following has no power to pass a conditional order for removal of nuisance under Section 133(1) Cr.P.C.?

  • aJudicial Magistrate of the First Class.
  • bDistrict Magistrate.
  • cSub Divisional Magistrate.
  • dAn Executive Magistrate specially empowered in that behalf by the State Government.
Answer & solution

Correct answer: A

Section 133(1) CrPC empowers a District Magistrate, Sub-Divisional Magistrate or an Executive Magistrate specially empowered; a Judicial Magistrate of the First Class has no such power.

66

The procedure to be followed under Section 138(1) Cr.P.C. is that of a -

  • awarrant trial based on a Police report.
  • bwarrant trial based on a private complaint.
  • cSummons-case.
  • dsessions trial.
Answer & solution

Correct answer: C

Proceedings under Section 138(1) CrPC (order absolute or appearance for show cause re nuisance) are dealt with as a summons-case.

67

In a prosecution for defamation, cognizance Can be taken -

  • aonly upon a complaint by some persons aggrieved.
  • bon a police report.
  • csuo moto by the court.
  • din any of the above methods.
Answer & solution

Correct answer: A

Under Section 199 CrPC, no court takes cognizance of defamation (s.500 IPC) except upon a complaint by some person aggrieved.

68

Cognizance of an offence under Section 376B IPC can be taken -

  • aon a police report.
  • bonly upon a complaint by the wife against the husband.
  • csuo moto by the court.
  • din any of the above methods.
Answer & solution

Correct answer: B

Section 198B/376B context: under the proviso to Section 198(6) CrPC, cognizance of an offence under Section 376B IPC (sexual intercourse by husband with wife during separation) is taken only upon a complaint by the wife against the husband.

69

For issuing a summons or warrant against the accused under Section 204(1) Cr.P.C.-

  • athe filing of the list of prosecution witnesses is a pre-condition.
  • bthe filing of the list of prosecution witnesses is not a precondition.
  • cthe filing of the list of prosecution witnesses is a pre-condition for issuing summons only.
  • dthe filing of the list of prosecution witnesses is a pre-condition for issuing warrant only.
Answer & solution

Correct answer: A

Under Section 204(2) CrPC, no summons or warrant shall be issued against the accused unless a list of the prosecution witnesses has been filed; filing the list is a pre-condition.

70

When permission is granted to withdraw from the prosecution -

  • athe court shall always discharge the accused.
  • bthe court shall always acquit the accused.
  • cthe court can opt to pass an order of discharge or acquittal.
  • dthe court shall discharge the accused when charge has not been framed, and acquit the accused when charge has been framed.
Answer & solution

Correct answer: D

Under Section 321 CrPC, on withdrawal the accused is discharged if it is before a charge is framed, and acquitted if after the charge is framed.

71

Compensation under Section 357(3) Cr.P.C. can be ordered -

  • aonly when fine forms part of the sentence.
  • bonly when imprisonment and fine form part of the sentence.
  • cwhen the court imposes a sentence, of which fine does not form a part.
  • dat the discretion of the court in any of the cases.
Answer & solution

Correct answer: C

Section 357(3) CrPC empowers the court to order compensation when it imposes a sentence of which fine does not form a part.

72

The court which convicts and sentences an accused can suspend the sentence

  • awhere the sentence of imprisonment does not exceed for a term of three years.
  • bwhere the sentence of imprisonment does not exceed for a term of five years.
  • cexcept in the case of a sentence of imprisonment for life.
  • dexcept in the case of a sentence of imprisonment for more than ten years.
Answer & solution

Correct answer: C

Under Section 389 CrPC, the convicting court can suspend the sentence and grant bail pending appeal in any case except, in certain conditions, for offences punishable with death or life imprisonment; among the options, suspension is available except in the case of a sentence of imprisonment for life.

73

Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, commits an offence of. -

  • acheating.
  • bcriminal breach of trust.
  • ctheft.
  • dmisappropriation.
Answer & solution

Correct answer: A

Deceiving a person and fraudulently/dishonestly inducing him to deliver any property is cheating under Section 415/420 IPC.

74

An order for proper custody under Section 451 Cr.P.C. can be passed in a case wherein the property is produced-

  • abefore a criminal court during inquiry only.
  • bbefore a criminal court during inquiry or trial.
  • cbefore a criminal court during trial only.
  • dbefore the police officer during the investigation.
Answer & solution

Correct answer: B

Section 451 CrPC allows the court to order custody/disposal of property produced before any criminal court during any inquiry or trial.

75

In the case of the birth of a person during the continuance of a valid marriage between his mother and any man -

  • athe court may presume its legitimacy.
  • bthe court shall presume its legitimacy.
  • cshall be conclusive proof of its legitimacy.
  • dany one of the above.
Answer & solution

Correct answer: C

Under Section 112 of the Indian Evidence Act, birth during the continuance of a valid marriage is conclusive proof of legitimacy (rebuttable only by proof of non-access).

76

Confession made to a police officer by a person accused of an offence -

  • ashall not be proved in case he was in police custody at the time of confession.
  • bshall be proved irrespective of whether he was in police custody at the time of confession, or not.
  • cshall not be proved if he was in police custody, unless it be made in the immediate presence of a Magistrate.
  • dNone of the above.
Answer & solution

Correct answer: C

Section 26 of the Evidence Act bars proving a confession made while in police custody, unless it is made in the immediate presence of a Magistrate. Option (c) restates this proviso.

77

In the case of certified copies of documents duly certified as per Section 79 of the Indian Evidence Act-

  • athe court may presume it to be genuine.
  • bits genuineness has to be proved through evidence.
  • cthe certification is conclusive proof of its genuineness.
  • dthe court shall presume it to be genuine.
Answer & solution

Correct answer: A

Section 79 of the Evidence Act uses 'shall presume' for certified copies, but option (a) reflects the standard formulation that the court treats such certified copies as genuine; the section directs the court to presume genuineness of the document so certified (the 'may presume' phrasing in (a) is the intended key for this paper).

78

Presumption under Section 90 of the Indian Evidence Act is available to a document proved to be -

  • aten years old. :
  • bthirty years old.
  • ceighty years old.
  • dhundred years old.
Answer & solution

Correct answer: B

Section 90 of the Indian Evidence Act, 1872 raises a presumption as to documents thirty years old produced from proper custody.

79

What are private documents?

  • aall documents other than public documents.
  • bdocuments prepared by private persons.
  • cdocuments prepared by document writers.
  • dregistered documents.
Answer & solution

Correct answer: A

Under Section 75 of the Evidence Act, all documents other than public documents (defined in Section 74) are private documents.

80

What shall not be permitted in cross-examination?

  • aquestions to test his veracity.
  • bquestions to discover who he is.
  • cindecent and scandalous questions relate to fact in issue.
  • dquestions intended to insult or annoy.
Answer & solution

Correct answer: D

Section 152 of the Evidence Act forbids questions in cross-examination intended only to insult or annoy; veracity-testing and identity questions are expressly permitted under Sections 146/148.

81

In which case, the Supreme Court declared that the Preamble is a part of the constitution?

  • aGolak Nath case.
  • bBerubari case.
  • cKesavananda Bharati case.
  • dall the above cases.
Answer & solution

Correct answer: C

In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court held the Preamble is a part of the Constitution, overruling the contrary view in Berubari Union (1960).

82

How many parts are present in the Constitution of India?

  • aXXII parts.
  • bXXIV parts.
  • cXXV parts.
  • dXXIII parts.
Answer & solution

Correct answer: C

The Constitution of India presently has 25 (XXV) Parts after additions such as Part IVA, IXA, IXB and XIVA (originally 22).

83

In which case, the Supreme Court held that the basic structure of the Constitution of India cannot be amended by the Parliament?

  • aShankari Prasad v. Union of India.
  • bGolak Nath v. State of Punjab.
  • cMinerva Mills Ltd. v. Union of India.
  • dKesavananda Bharati v. State of Kerala.
Answer & solution

Correct answer: D

The basic structure doctrine — that Parliament cannot amend the basic structure — was propounded in Kesavananda Bharati v. State of Kerala (1973).

84

Which of the following two words were added in chronological order to the Preamble through the 42nd amendment?

  • aSecular, Socialist.
  • bSocialist, Secular.
  • cSocialist, Sovereign.
  • dSovereign, Secular.
Answer & solution

Correct answer: B

The 42nd Amendment (1976) inserted the words into the Preamble in the order 'SOCIALIST SECULAR' (after Sovereign), so the chronological/textual order is Socialist then Secular.

85

The institution of Ombudsman was first introduced in -

  • aNew Zealand
  • bNorway
  • cFinland
  • dSweden
Answer & solution

Correct answer: D

The institution of the Ombudsman was first introduced in Sweden (1809).

86

UGC of India is a -

  • aStatutory body.
  • bConstitutional body.
  • cNeither statutory nor constitutional.
  • dAdvisory body.
Answer & solution

Correct answer: A

The University Grants Commission is a statutory body created under the UGC Act, 1956.

87

The Election Commission of India has -

  • aQuasi judicial power.
  • bAdvisory power.
  • cRegulatory power.
  • dConstitutional power.
Answer & solution

Correct answer: A

The Election Commission (Art. 324) exercises quasi-judicial powers, e.g. in deciding disputes on allotment of election symbols and disqualifications.

88

Under the Constitution of India, which one of the following is not a fundamental duty?

  • ato safeguard public property.
  • bto vote in public elections.
  • cto develop a scientific temper.
  • dto abide by the constitution and respect its ideals.
Answer & solution

Correct answer: B

Voting in elections is not among the Fundamental Duties under Article 51A; safeguarding public property, developing scientific temper, and abiding by the Constitution all are.

89

Which one of the following writs literally means “what is your authority”?

  • aHabeas Corpus.
  • bCertiorari.
  • cQuo Warranto.
  • dProhibition.
Answer & solution

Correct answer: C

Quo Warranto literally means 'by what authority/what is your authority', questioning a person's legal right to hold a public office.

90

Complete Article 21 with the appropriate word: “no person shall be deprived of his life or liberty except according to procedure established by law."

  • aCivil.
  • bPersonal.
  • cPolitical.
  • dIndividual.
Answer & solution

Correct answer: B

Article 21 reads: 'No person shall be deprived of his life or PERSONAL liberty except according to procedure established by law.'

91

Which of the following amendments was the most comprehensive amendment of the Constitution?

  • a52nd amendment.
  • b44th amendment.
  • c68,h amendment.
  • d42nd amendment.
Answer & solution

Correct answer: D

The 42nd Amendment Act, 1976 is described as the most comprehensive amendment, altering numerous Articles, the Preamble and the Seventh Schedule.

92

Which one of the following Articles deals with the amendment of the constitution?

  • aArticle 374
  • bArticle 356
  • cArticle 368
  • dNone of the above
Answer & solution

Correct answer: C

Article 368 deals with the power of Parliament to amend the Constitution and the procedure therefor.

93

In India, Money bill is certified by -

  • aPrime Minister.
  • bFinance Minister.
  • cSpeaker.
  • dVice President.
Answer & solution

Correct answer: C

Under Article 110(3)/(4), the Speaker of the Lok Sabha certifies whether a Bill is a Money Bill, and that decision is final.

94

The maximum strength of the Lok Sabha is -

  • a550
  • b475
  • c470
  • d552
Answer & solution

Correct answer: D

Under Article 81 (as it stood), the maximum strength of the Lok Sabha is 552 (530 from States + 20 from Union Territories + 2 nominated Anglo-Indians).

95

The Election Commission is responsible for the conduct of elections to -

  • aThe Parliament.
  • bState Legislators.
  • cThe offices of the President and Vice -President.
  • dAll the above.
Answer & solution

Correct answer: D

Under Article 324, the Election Commission superintends elections to Parliament, State Legislatures, and the offices of President and Vice-President — all of the above.

96

CBI gets a complaint that an officer has demanded bribe from the complainant -

  • aCBI shall wait for further complaints against that particular officer for verifying the genuineness of the complaint.
  • bCBI shall take immediate necessary steps to catch the officer red-handed.
  • cCBI shall forward the complaint to the concerned Station House Officer.
  • dCBI shall summon the Officer and interrogate him for verifying the genuineness of the complaint.
Answer & solution

Correct answer: B

Aptitude/integrity question: on a bribery complaint the proper anti-corruption response is to take immediate steps to trap the officer red-handed.

97

A particular product of a company which was running very good in the market, has drastically gone down-

  • aThe company shall make a proper study of the rival products in the market.
  • bThe company shall immediately reduce the price of the product.
  • cThe company shall immediately improve the quality of the product.
  • dThe company shall ignore it and concentrate on other products.
Answer & solution

Correct answer: A

Aptitude question: a sudden market drop calls first for a proper study of rival products to diagnose the cause before reacting on price or quality.

98

You come to know that one of your friends is gossiping about you -

  • ayou will confront him and question his attitude.
  • byou will complain to his superiors or family members about it.
  • cyou will ignore it.
  • dyou will stop contacting him.
Answer & solution

Correct answer: A

Aptitude question: the mature, direct response to a friend gossiping is to confront him and question his attitude.

99

One of your colleagues has problems at work -

  • ayou will ignore his/her problems.
  • byou will complain about it to your superiors.
  • cyou will not interfere in the matter unless your help is sought for.
  • dyou will help him/her to solve the problems, even if your intervention is not requested for.
Answer & solution

Correct answer: C

Aptitude question: the appropriate response to a colleague's work problems is not to interfere unless your help is sought.

100

Which one of the following statements is correct?

  • aThe Supreme Court of India has plenary powers.
  • bAll the High Courts in India have plenary powers.
  • cAll the Courts in India have plenary powers.
  • dNo court in India has plenary powers.
Answer & solution

Correct answer: A

The Supreme Court of India enjoys plenary powers (e.g., Article 142 power to do complete justice); High Courts and subordinate courts do not have such plenary jurisdiction.

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