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Rajasthan Judiciary — Prelims 2015

85 questions Objective 85 answers with solutions PDF
1

Under the provisions of the Rajasthan Agricultural Credit Operations (Removal of difficulties) Act, 1974, a Bank can recover its dues from any agriculturist or his heir or legal representative or his guarantor on account of financial assistance availed of by the agriculturist by making an application to:

  • aDistrict Judge
  • bHigh Court
  • cPrescribed Authority
  • dNone of the above
Answer & solution

Correct answer: C

Under the Rajasthan Agricultural Credit Operations (Removal of Difficulties) Act, 1974, a Bank recovers its dues by applying to the Prescribed Authority, which then certifies the amount for recovery as arrears of land revenue.

2

Under Section 35 of the Rajasthan court Fees and suits valuation Act, 1961, in a suit for partition and separate possession of a share in joint family property by a plaintiff, who has been excluded from possession of such property, court fee shall be:-

  • apaid at fixed rate
  • bcomputed on the market value of the plaintiff's share of the property
  • cat the discretion of the plaintiff
  • dbased on written statement of the defendant
Answer & solution

Correct answer: B

Section 35 of the Rajasthan Court Fees and Suits Valuation Act, 1961, provides that where a plaintiff excluded from possession sues for partition and separate possession of his share of joint family property, court fee is computed on the market value of the plaintiff's share.

3

Under the Rajasthan Stamp Act, 1998, in case of a release-deed, in the absence of an agreement to the contrary, the expense of providing the proper stamp shall be borne by:

  • athe beneficiary
  • bthe person drawing, making or executing the release-deed
  • cby both the parties in equal shares
  • dnone of the above
Answer & solution

Correct answer: B

Mirroring Section 29 of the Indian Stamp Act, under the Rajasthan Stamp Act, 1998, in the case of a release-deed, absent contrary agreement, the duty/expense of providing the proper stamp is borne by the person drawing, making or executing the instrument.

4

If an instrument has not been duly stamped and where such an instrument has been admitted in evidence, such admission:

  • acan be called in question at any stage of the same suit or proceeding
  • bnot be called in question at any stage of the same suit or proceeding except as provided for by Section 71 of the Rajasthan Stamp Act, 1998
  • cat the discretion of the opposite party can be called in question
  • dnone of the above
Answer & solution

Correct answer: B

Like Section 36 of the Indian Stamp Act, once an instrument has been admitted in evidence, such admission cannot be called in question at any stage of the same suit or proceeding except as provided (here, Section 71 of the Rajasthan Stamp Act, 1998).

5

Under the Registration Act, 1908 a will can be presented for registration before the Registrar or Sub Registrar by:

  • athe testator
  • bafter death of testator, any person claiming as executor or otherwise under a will
  • cboth (a) and (b)
  • dnone of the above
Answer & solution

Correct answer: C

Under Section 40 of the Registration Act, 1908, a will may be presented for registration by the testator himself, or after his death by any person claiming as executor or otherwise under the will; hence both (a) and (b).

6

Two parties entered into a contract. They later realised that the law as they understood as applicable was not in force in India. This makes their contract:

  • aillegal
  • bvoid
  • cvoidable
  • dnone of the above
Answer & solution

Correct answer: B

An agreement made under a mutual mistake as to a matter of fact essential to the agreement is void under Section 20 of the Indian Contract Act, 1872; a mistaken belief about a law not in force in India is treated as a mistake of fact, rendering the contract void.

7

Acknowledgement after the expiration of the period prescribed under the Indian Limitation Act, 1963, for a suit or application:

  • ais of no effect
  • bgives rise to an independent & enforceable contract
  • cis of great value
  • dnone of the above
Answer & solution

Correct answer: B

A promise to pay a time-barred debt is enforceable; an acknowledgement/promise after expiry of the limitation period gives rise to an independent and enforceable contract (cf. Section 25(3) Contract Act). Acknowledgement under Section 18 of the Limitation Act only extends time if made before expiry.

8

Time limit for disposal of a petition filed under Section 9 of Rajasthan Rent Control Act, 2001 is:-

  • athe period of two hundred and forty days from the date of service of notice on the tenant
  • bwithin the period of twelve months from the date of service of notice on the tenant
  • cwithin the period of six months from the date of service of notice on the tenant
  • dno limitation
Answer & solution

Correct answer: A

A petition under the Rajasthan Rent Control Act, 2001 is to be disposed of within two hundred and forty (240) days from the date of service of notice on the tenant.

9

Subject to contract between the partners, a firm is dissolved:

  • aif constituted for a fixed term, by the expiry of that term
  • bif constituted to carry out one or more adventures or undertakings, by the completion thereof
  • cby the death of a partner
  • dall the above
Answer & solution

Correct answer: D

Under Section 42 of the Indian Partnership Act, 1932 (subject to contract between partners), a firm is dissolved by expiry of a fixed term, by completion of the adventures/undertakings, and by the death of a partner; hence all the above.

10

Finder of lost goods under Indian contract Act, 1872 is a:

  • abailor
  • bsurety
  • cbailee
  • dnone of the above
Answer & solution

Correct answer: C

Under Section 71 of the Indian Contract Act, 1872, the finder of lost goods is in the position of a bailee, with the responsibilities of a bailee.

11

Under Rajasthan Right to Hearing Act, 2012, a complaint can be filed regarding grievance relating to:

  • athe service matters of a public servant
  • bany matter in which any Court or Tribunal has jurisdiction
  • cany matter under Right to Information Act, 2005
  • dnone of the above
Answer & solution

Correct answer: D

The Rajasthan Right to Hearing Act, 2012 expressly excludes service matters of public servants, matters within the jurisdiction of any court/tribunal, and RTI matters; therefore none of (a)-(c) is a maintainable grievance.

12

In which of the following cases has the Supreme Court ruled that the members of the Transgender Community who are neither male nor female, at the time of birth, are recognized as 'Third Gender' for the purpose of safeguarding and enforcing appropriately their fundamental and other legal, social and economic rights guaranteed under the constitution?

  • aRambilas singh vs. State of Bihar - AIR 1989 SC 1593
  • bLily Thomas Vs. Union of India - (2013) 7 SCC 653
  • cNational Legal Services Authority vs. Union of India - (2014) 5 SCC 438
  • dNone of the above
Answer & solution

Correct answer: C

National Legal Services Authority v. Union of India, (2014) 5 SCC 438 (NALSA), is the case in which the Supreme Court recognised transgender persons as a 'third gender' and protected their constitutional rights.

13

Article 21-A providing for Right to Education was inserted in the constitution by:

  • athe Constitution (Eighty Sixth Amendment) Act, 2002
  • bthe Constitution (Ninety First Amendment) Act, 2003
  • cthe Constitution (Ninety Second Amendment) Act, 2003
  • dthe constitution (Eighty Fourth Amendment) Act, 2001
Answer & solution

Correct answer: A

Article 21-A (Right to Education) was inserted by the Constitution (Eighty-Sixth Amendment) Act, 2002.

14

Which of the following is the correct statement in so far as Section 20 of the Code of civil Procedure, 1908, is concerned?

  • aThe suit has to be instituted in the court of the lowest grade competent to try it
  • bThe suit has to be instituted in the court within the local limits of whose jurisdiction the defendant actually and voluntarily resides or carries on business or personally works for gain
  • cThe suit has to be instituted in the court within the local limits of whose jurisdiction, the cause of action wholly or in part arises
  • dAll the above are correct
Answer & solution

Correct answer: D

Section 20 CPC permits suit where the defendant resides/carries on business (option b) or where the cause of action wholly or in part arises (option c); the 'lowest grade competent' rule is Section 15. Read with the framing, all the listed propositions are recognised principles, so 'all the above'.

15

In which of the following cases, did the Supreme Court uphold the validity of the code of civil Procedure Amendment Acts of 1999 and 2002?

  • aDelhi H.C. Bar Association Vs. UOI
  • bAllahabad H.C. Bar Association Vs. VOI
  • cSalem Advocate Bar Association Vs. UOI
  • dP & H H.C. Bar Association Vs. UOI
Answer & solution

Correct answer: C

In Salem Advocate Bar Association v. Union of India, the Supreme Court upheld the validity of the CPC (Amendment) Acts of 1999 and 2002.

16

An Appeal under Order XLIII of Code of Civil Procedure shall lie from which of the following orders:

  • aRule-11 of Order VII, rejecting the plaint
  • bRule-9 of order XXII, refusing to set aside the abatement or dismissal of suit
  • cRule-1 of order VIII, not permitting the defendant to present the written statement
  • dRule-5 of Order XIV, refusing to strike out the issue at the instance of either of the parties
Answer & solution

Correct answer: B

Order XLIII Rule 1 CPC lists appealable orders, including an order under Order XXII Rule 9 refusing to set aside an abatement or dismissal of a suit. Rejection of plaint (Order VII Rule 11) is a decree, not an Order XLIII appeal.

17

Statement 'A' - where the access and use of light or air to and for any building have been peaceably enjoyed therewith, as an easement, without interruption, and for twenty years, the right to such access and use of light or air shall be absolute. Statement 'B' - A right to the free passage of light or air to an open space of ground, cannot be acquired by prescription.

  • a'A' is correct
  • bstatement 'B' is correct
  • cBoth statements are correct
  • dBoth statements are incorrect
Answer & solution

Correct answer: C

Both statements are correct: Section 25 of the Indian Easements Act, 1882 grants an absolute right to light/air enjoyed peaceably for 20 years (Statement A), while the Explanation/settled law denies prescriptive right to free passage of light or air to an open space of ground (Statement B).

18

Which of the following statements is correct?

  • aIn a suit for specific performance of a contract for transfer of immovable property, the court cannot grant partition and separate possession of the property
  • bIn a suit for specific performance of a contract for transfer of immovable property, the plaintiff cannot alternatively ask for the refund of earnest money or deposit made by him
  • cThe court while refusing to grant specific performance of the contract, cannot grant refund of earnest money paid by the plaintiff, unless it has been specifically claimed
  • dAll the above are correct
Answer & solution

Correct answer: A

In a suit for specific performance of a contract to transfer immovable property, the court cannot grant partition and separate possession of the property; (b) and (c) are wrong because a plaintiff may alternatively claim, and the court may grant, refund of earnest money/deposit (Sections 21-22 Specific Relief Act).

19

Which of the following documents is not required to be compulsorily registered ?

  • aInstruments creating or declaring right, title or interest to or in immovable property of rupees one hundred and upwards
  • bwills in respect of immovable property
  • cLeases of immovable property for a term exceeding one year
  • dInstruments transferring any decree of a court when such decree purports to create right in immovable property of rupees one hundred and upwards
Answer & solution

Correct answer: B

Under Section 17 of the Registration Act, 1908, wills are expressly exempt from compulsory registration (their registration is optional under Section 18); the instruments in (a), (c) and (d) are compulsorily registrable.

20

In which of the following mortgages, the mortgagor is required to deliver possession of the mortgaged property to the mortgagee?

  • aEnglish mortgage
  • bMortgage by conditional sale
  • cUsufructuary mortgage
  • dAnomalous mortgage
Answer & solution

Correct answer: C

In a usufructuary mortgage (Section 58(d) of the Transfer of Property Act, 1882), the mortgagor delivers possession of the mortgaged property to the mortgagee, who retains possession and receives rents/profits in lieu of interest/principal.

21

Statement 'A' - Every transfer of immovable property made with intent to defeat or delay the creditors of the transferor is void. Statement 'B' - Every transfer of immovable property made without consideration with intent to defraud a subsequent transferee is void.

  • astatement 'A' is correct
  • bStatement 'B' is correct
  • cBoth statements are correct
  • dBoth statements are incorrect
Answer & solution

Correct answer: D

Both statements are incorrect: under Section 53 of the Transfer of Property Act, 1882, such transfers (to defeat/delay creditors, or without consideration to defraud a subsequent transferee) are voidable at the option of the person defeated/defrauded, not void.

22

Which of the following statements is correct, so far as Section 9 of the Arbitration and Conciliation Act, 1996 is concerned?

  • aA party may apply to the court for interim measures during the pendency of the arbitration proceedings only
  • bA party may apply to the court seeking appointment of receiver by way of interim measures even after the making of the arbitral award by the Arbitral Tribunal
  • cA party cannot apply for interim measures before the commencement of arbitral proceedings
  • dAll the above are correct
Answer & solution

Correct answer: B

Under Section 9 of the Arbitration and Conciliation Act, 1996, a party may seek interim measures (e.g., appointment of a receiver) before, during, and even after the making of the arbitral award (but before enforcement); statements (a) and (c) wrongly restrict this, so (b) is the correct statement.

23

The period of three years is prescribed under Article 137 of the Limitation Act, 1963, in case where no other period of Limitation is provided for filing any:-

  • asuit
  • bAppeal
  • cApplication
  • dProceeding
Answer & solution

Correct answer: C

Article 137 of the Limitation Act, 1963 is the residuary article prescribing three years for any application for which no period of limitation is provided elsewhere in the Schedule.

24

Statement 'A' - In computing the period of limitation for any appeal, the day from which such period is to be reckoned, shall be included. Statement 'B' - In computing period of Limitation for any appeal, the day on which the judgement complained of was pronounced and the time requisite for obtaining the copy of the decree shall be excluded.

  • astatement 'A' is correct
  • bstatement 'B' is correct
  • cBoth are correct
  • dBoth are incorrect
Answer & solution

Correct answer: B

Statement B is correct: under Sections 12(1) and 12(2) of the Limitation Act, 1963, in computing limitation for an appeal, the day of pronouncement of the judgment and the time requisite for obtaining the copy of the decree are excluded; Statement A is wrong because that day is excluded, not included.

25

Which of the following is correct as per Section 22-c of the Legal Services Authority Act, 1987?

  • aAny party to a dispute may, after the dispute is brought before any court, make an application to the Permanent Lok Adalat for the settlement of dispute
  • bThe Permanent Lok Adalat shall not have the jurisdiction in respect of any matter relating to an offence not compoundable under any law
  • cThe Permanent Lok Adalat shall have the jurisdiction only in such matter where the value of the property in dispute is more than ten lakh rupees
  • dAll the above are correct
Answer & solution

Correct answer: B

Under Section 22-C of the Legal Services Authorities Act, 1987, the Permanent Lok Adalat has no jurisdiction over any matter relating to an offence not compoundable under any law. Option (a) is wrong (application must be made 'before' the dispute goes to court) and (c) is wrong (PLA has no jurisdiction where property value 'exceeds' ten lakh rupees).

26

Under Section 11 of the Hindu Marriage Act, 1955, the marriage may be declared null and void if:

  • athe parties are within the degrees of prohibited relationship
  • bat the time of the marriage, one of the parties was incapable of giving a valid consent to it in consequence of unsoundness of mind
  • cat the time of the marriage, one of the parties was subject to recurrent attacks of insanity
  • din all the above circumstances
Answer & solution

Correct answer: A

Section 11 HMA, 1955 makes a marriage null and void only for breach of Section 5 clauses (i) bigamy, (iv) prohibited degrees and (v) sapinda. Of the listed options, parties within prohibited degrees (a) is a void ground; unsoundness of mind and recurrent insanity (b, c) are voidable grounds under Section 12(1)(b), so (a) is correct.

27

After the Hindu succession (Amendment) Act, 2005, the daughter of a coparcener in a Joint Hindu family governed by the Mitakshara law:

  • ashall have no right in the coparcenary property
  • bcannot become a coparcener by birth
  • cshall become a coparcener by birth in her own right in the same manner as the son
  • dshall be entitled to dispose of the entire coparcenary property
Answer & solution

Correct answer: C

Section 6 of the Hindu Succession Act as amended by the 2005 Amendment makes the daughter of a coparcener a coparcener by birth in her own right in the same manner as the son.

28

Which of the following is incorrect?

  • aThe husband is the natural guardian of a Hindu married girl
  • bAfter the adoption of Hindu minor son, his father continues to remain his natural guardian till he attains majority
  • cThe natural guardian of a Hindu minor child is the father, and after him the mother, but custody of minor up to the age of five years shall ordinarily be with the mother
  • dThe natural guardian of an illegitimate Hindu minor boy is the mother, and after her, the father
Answer & solution

Correct answer: B

Under the Hindu Minority and Guardianship Act, 1956, on adoption of a Hindu minor the natural guardianship vests in the adoptive parents; the natural father does NOT continue as natural guardian. Hence statement (b) is incorrect. (Statements (a), (c) and (d) correctly state Section 6.)

29

A Hindu wife is entitled to claim maintenance after the death of her husband from her father-in-law under:

  • aSection 25 of the Hindu Marriage Act, 1955
  • bSection 24 of the Hindu Marriage Act, 1955
  • cSection 19 of the Hindu Adoptions and Maintenance Act, 1956
  • dSection 10 of the Hindu Succession Act, 1956
Answer & solution

Correct answer: C

Section 19 of the Hindu Adoptions and Maintenance Act, 1956 entitles a Hindu widow to be maintained, after her husband's death, by her father-in-law (out of coparcenary property/estate).

30

As per section 2(q) of the Protection of women from Domestic violence Act, 2005, "respondent" means and includes:

  • aany person, who is in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought relief under the Act
  • bmale partner when aggrieved female is living in a relationship with him in the nature of a marriage
  • cthe female relatives of the husband of the aggrieved wife, seeking their removal from the shared household
  • dnone of the above
Answer & solution

Correct answer: A

Section 2(q) of the PWDV Act, 2005 defines 'respondent' as any adult person who is, or has been, in a domestic relationship with the aggrieved person and against whom relief is sought under the Act.

31

As per section 3 of the Rajasthan Rent control Act, 2001, the chapter II and III thereof do not apply to:

  • athe premises, let out after the commencement of the Act for a period of two years through a registered deed
  • bthe premises, let out to the multinational company having paid up share capital of less than rupees one crore
  • cthe premises, let out for residential purposes, the monthly rent whereof is rupees four thousand in case of the premises situated in the Municipal area of Jaipur city
  • dthe premises belonging to the Government company as defined under the Companies Act, 1956
Answer & solution

Correct answer: D

Section 3 of the Rajasthan Rent Control Act, 2001 exempts (inter alia) premises belonging to the Government and to a Government company as defined under the Companies Act, 1956 from the application of Chapters II and III.

32

Which of the following statements is not correct, so far as Section 242 of the Rajasthan Tenancy Act, 1955 is concerned?

  • acivil court can frame the issue with regard to the tenancy rights in agricultural land and submit the record to the appropriate revenue court for the decision on that issue only
  • bcivil court may or may not accept the finding of revenue court on the issue referred to it
  • cThe finding of the revenue court on the issue referred to it, shall be deemed to be part of the finding of civil court for the purposes of Appeal
  • dcivil court cannot decide the issue which was referred to the revenue cour
Answer & solution

Correct answer: B

Under Section 242 of the Rajasthan Tenancy Act, 1955, the civil court refers the tenancy issue to the revenue court and is bound by that finding; it is not free to accept or reject it. Hence statement (b) is the one that is NOT correct.

33

Which of the following is not the judicial matter under Section 23 read with the First schedule to the Rajasthan Land Revenue Act, 1956?

  • aRegularisation of unauthorised occupation
  • bA dispute with respect to the right of grazing cattle on pasture land
  • cSettlement of boundary disputes
  • dMutation upon succession
Answer & solution

Correct answer: D

Under Section 23 read with the First Schedule of the Rajasthan Land Revenue Act, 1956, 'judicial matters' are adjudicatory proceedings (boundary disputes, grazing-right disputes, regularisation). Routine mutation upon succession is an administrative/non-judicial matter, so (d) is not a judicial matter.

34

The General Rules (Civil), 1986 have been framed:

  • aby the Rajasthan High Court under Article 227 of the constitution of India
  • bby the Governor under Article 166 of the Constitution of India
  • cby the Chief Justice under Article 229 of the Constitution of India.
  • dby the State Government under Article 309 of the Constitution of India
Answer & solution

Correct answer: A

The General Rules (Civil), 1986 are framed by the Rajasthan High Court in exercise of its power of superintendence over subordinate courts under Article 227 of the Constitution.

35

Which of the followings is not an essential ingredient of gift under the Mohammedan law :

  • aa declaration of gift by the donor
  • bacceptance of gift, expressed or implied, by or on behalf of donee
  • cdelivery of possession of the subject gift by the donor to the donee
  • da written deed of gift
Answer & solution

Correct answer: D

Under Mohammedan law the three essentials of a valid hiba (gift) are declaration, acceptance and delivery of possession. A written/registered deed is NOT essential, so (d) is the non-essential.

36

Which of the following is correct statement of law as per sections 82 and 83 of the Code of Criminal Procedure 1973?

  • aThe court may order attachment of property belonging to an accused before declaring him a proclaimed person under Section 82
  • bThe court may order attachment of property of a person after publication of a written proclamation under Section 82 requiring him to appear before it
  • cThe court may order attachment of property of a person regardless of whether or not he has been declared proclaimed offender
  • dNone of the above
Answer & solution

Correct answer: B

Under Sections 82-83 CrPC, attachment of property under Section 83 may be ordered only after publication of the written proclamation under Section 82 requiring the person to appear.

37

Which of the following irregularities of a Magistrate, not empowered by law to do so, vitiates the proceedings?

  • aTo hold inquiry under Section 176 code of criminal procedure
  • bTo make over a case under Sub-Section (2) of Section 192 code of criminal procedure
  • cTo take cognizance of an offence under clause (c) of subsection (1) of Section 190 of the code of criminal procedure
  • dTo tender pardon to accomplice under Section 306 of the code of criminal procedure
Answer & solution

Correct answer: C

Under Section 461(k) CrPC, taking cognizance of an offence under clause (c) of Section 190(1) by a Magistrate not empowered to do so vitiates the proceedings; the others (inquiry u/s 176, making over u/s 192(2), tender of pardon u/s 306) are curable under Section 460.

38

Which of the following irregularities of a Magistrate not empowered by Taw to do so, does not vitiate the proceedings:

  • acalling of record to exercise powers of revision under Section 397 of Code of Criminal Procedure
  • btaking cognizance of an offence under clause (a) or clause (b) of sub-section (1) of Section 190 of Code of Criminal Procedure
  • cdecision of an appeal
  • drevision of an order passed under section 466 of Code of Criminal Procedure
Answer & solution

Correct answer: B

Under Section 460(e) CrPC, taking cognizance under clause (a) or (b) of Section 190(1) by a Magistrate not empowered, if done in good faith, does NOT vitiate the proceedings. Revision, deciding an appeal and revising an order u/s 466 are incurable irregularities under Section 461.

39

Which of the following offences is cognizable, non-bailable and non compoundable:

  • avoluntarily causing grievous hurt, punishable under Section 325 IPC
  • battempt to murder punishable under Section 307 IPC
  • cvoluntarily causing hurt to extort confession, or to compel restoration of property, punishable under Section 330 IPC
  • dvoluntarily causing grievous hurt on provocation punishable under Section 335 IPC
Answer & solution

Correct answer: B

Attempt to murder under Section 307 IPC is cognizable, non-bailable and non-compoundable. Section 325 (s.323-compoundable category) and 335 are compoundable; the others do not meet all three conditions as cleanly as 307.

40

Which of the following provisions of the Indian Penal Code defines culpable homicide

  • aSection 302
  • bSection 300
  • cSection 301
  • dSection 299
Answer & solution

Correct answer: D

Section 299 IPC defines culpable homicide; Section 300 defines murder, and Sections 301/302 deal with consequences/punishment.

41

Statement of an accused can be recorded on oath:

  • ais not a correct statement of law
  • bunder Section 315 code of criminal procedure
  • cunder Section 313 code of criminal procedure
  • dunder Section 391 code of criminal procedure
Answer & solution

Correct answer: A

Under Section 313(2) CrPC no oath is administered to the accused when examined; and as a witness u/s 315 the accused gives evidence on oath only on his own request in defence — there is no general rule that an accused's statement is recorded on oath, so (a) 'is not a correct statement of law' is correct.

42

Which of the following is the correct statement according to law?

  • aAn accomplice shall be competent witness against an accused person
  • bLeading question may be asked in cross-examination of a witness
  • cThe court may permit a party, who, calls a witness, to put any question to him, which might be put in cross examination by the adverse party
  • dAll the above
Answer & solution

Correct answer: D

All are correct: an accomplice is a competent witness (Section 133 Evidence Act); leading questions are permitted in cross-examination (Section 143); and the court may permit a party to put cross-examination-type questions to its own witness (Section 154, hostile witness).

43

Burden of proof under Section 101 of the Indian Evidence Act, 1872:

  • agoes on shifting as the trial proceeds
  • bnever shifts
  • cmay shift
  • dboth (a) and (c) are correct
Answer & solution

Correct answer: B

Section 101 of the Evidence Act lays down the burden of proof on the party who asserts; this legal/persuasive burden never shifts (it is the onus of proof under s.102 that shifts).

44

Proceedings under section 145 of the code of criminal Procedure are initiated by the Executive Magistrate on the report of which of the following?

  • aJudicial Magistrate
  • bPolice officer
  • cRevenue officer
  • dComplainant
Answer & solution

Correct answer: B

Proceedings under Section 145 CrPC are initiated by the Executive Magistrate on being satisfied from a police officer's report or other information of a dispute likely to cause breach of peace.

45

In which of the following judgments has the Supreme Court held that only those courts within whose territorial limits the drawee bank is situated, would have jurisdiction to try the cases for offence under Section 138 of the Negotiable Instruments Act, 1881?

  • aK. Bhaskaran vs. Sankaran vaidhyan Balan and Another - (1999) 7 SCC 510
  • bDashrath Rupsingh Rathod vs. State of Maharashtra and Another - (2014) 9 SCC 129
  • cstate of Bihar and others vs. Kalyan pur cement Limited - (2010) 3 SCC 274
  • dNone of the above
Answer & solution

Correct answer: B

In Dashrath Rupsingh Rathod v. State of Maharashtra, (2014) 9 SCC 129, the Supreme Court held that only the court within whose territorial jurisdiction the drawee bank (where the cheque is dishonoured) is situated has jurisdiction to try a Section 138 NI Act offence.

46

Which of the following is a correct statement of law as per Sections 138 and 142 of the Negotiable Instruments Act, 1881?

  • aA cheque is to be presented to the bank within a period of six months from the date it is drawn or within the period of its validity, whichever is earlier
  • bNotice within thirty days of receipt of information from the bank regarding return of cheque as unpaid, has to be served upon drawer, demanding payment of amount of money
  • con failure of drawer of such cheque to make payment within fifteen days of receipt of such notice, the payee or holder of cheque has to file complaint within one month thereof
  • dAll the above
Answer & solution

Correct answer: D

All three statements correctly reflect Sections 138 and 142 NI Act (as in force in 2015): presentation within six months/validity, notice within 30 days of return, and complaint within one month of expiry of the 15-day payment period.

47

The delay in filing a complaint under Section 138 of the Negotiable Instruments Act, 1881, can be condoned:

  • aunder Section 5 of the Indian Limitation Act, 1963
  • bunder Section 138 of the Negotiable Instruments Act, 1881
  • cunder Section 142 of the Negotiable Instruments Act, 1881
  • dunder Section 143 of the Negotiable Instruments Act, 1881
Answer & solution

Correct answer: C

The proviso to Section 142(b) NI Act (added in 2002) empowers the court to condone delay in filing a Section 138 complaint if sufficient cause is shown; condonation is thus under Section 142, not Section 5 of the Limitation Act.

48

In which of the following judgments has the Supreme Court struck down Section 66-A of t

  • aShreya singhal vs. Union of India - AIR 2015 SC 1523
  • bSelvi and others Vs. State of Karnataka - (2010) 7 SCC 263
  • cPUCL Vs. Union of India - (1997) 1 SCC 301
  • dAmar singh vs. Union of India - (2011) 7 SCC 67
Answer & solution

Correct answer: A

Section 66-A of the IT Act, 2000 was struck down as unconstitutional in Shreya Singhal v. Union of India, AIR 2015 SC 1523 / (2015) 5 SCC 1.

49

According to Section 25 of the Protection of children from Sexual offences Act, 2012, statement of a child under Section 164 of the code of Criminal Procedure to be recorded by the Magistrate:-

  • ashall be recorded in presence of the advocate of the accused
  • bshall not be recorded in presence of the advocate of the accused
  • cshall be recorded in presence of the Investigating Officer
  • dShall be recorded in presence of woman Police officer
Answer & solution

Correct answer: B

Section 25 POCSO Act, 2012 requires the Magistrate recording the child's statement under Section 164 CrPC to do so as far as practicable in the presence of the parents/person trusted by the child, and it shall not be recorded in the presence of the accused's advocate.

50

Which of the following is not the duty of a Probation officer?

  • aTo supervise probationers placed under his supervision and where necessary, endeavour to find them suitable employment
  • bTo advise and assist offenders in payment of compensation or costs ordered by the court
  • cTo inquire into the circumstances or home surroundings of any person accused of an offence
  • dTo arrange for lodging and boarding of the probationers
Answer & solution

Correct answer: D

The duties of a probation officer (Section 14, Probation of Offenders Act, 1958) include inquiry into circumstances, supervision and assistance with employment, and advising on compensation/costs. Arranging lodging and boarding of probationers is not a statutory duty, so (d) is not a duty.

51

Which of following conditions, as per provisions of the Protection of Children from Sexual offences Act, 2012, has to be adhered to while examining or recording statement of the child:

  • athe statement of child shall be recorded at the residence of child or the place where he usually resides or the place of his choice
  • bas far as practicable the statement should be recorded by woman police officer not below the rank of Sub Inspector, who shall not be in uniform
  • cthe Investigating officer shall ensure that at no point of time the child comes in contact in any way with the accused
  • dall the above
Answer & solution

Correct answer: D

Sections 24 & 26 POCSO Act, 2012 require all these safeguards: statement at child's residence/place of choice, recording by a woman SI not in uniform as far as practicable, and ensuring no contact with the accused. Hence 'all the above'.

52

A private key and its mathematically related public key, which are so related that the public key, can verify a digital signature created by the private key. in an Asymmetric crypto system means:-

  • aKey pair
  • bBoth keys
  • cSoft keys
  • dsoft pair
Answer & solution

Correct answer: A

Section 2(1)(x) of the Information Technology Act, 2000 defines 'key pair' in an asymmetric crypto system as a private key and its mathematically related public key that can verify a digital signature created by the private key.

53

A person, who sends, generates, stores or transmits any electronic message; or causes any electronic message to be sent, generated, stored or transmitted to any other person, is called:

  • aSender
  • boriginator
  • cGenerator
  • dIntermediary
Answer & solution

Correct answer: B

Section 2(1)(za) of the Information Technology Act, 2000 defines 'originator' as a person who sends, generates, stores or transmits any electronic message (or causes it), excluding an intermediary.

54

What is the minimum and maximum sentence that can be awarded to an accused guilty of second or subsequent offence of theft of electric lines and materials under Section 136 of the Electricity Act, 2003:

  • anot less than 1 year but which may extend to 10 years and also fine which shall not be less than one lac rupees
  • bnot less than 6 months but which may extend to 5 years and also fine which shall not be less than ten thousand rupees
  • cnot less than 3 months but which may extend to 3 years and also fine which shall not be less than fifty thousand rupees
  • dnot less than 9 months but which may extend to 3 years and also fine which shall not be less than one lac rupees
Answer & solution

Correct answer: B

Section 136(1) proviso, Electricity Act, 2003: for a second/subsequent conviction for theft of electric lines/materials, imprisonment shall not be less than six months extendable to five years, with fine not less than ten thousand rupees.

55

A police officer empowered to investigate cyber crime as per Section 78 of the Information Technology Act, 2000, must not be below the rank of

  • aSub Inspector
  • bInspector
  • cDeputy Superintendent of Police
  • dSuperintendent of Police
Answer & solution

Correct answer: B

Section 78 of the Information Technology Act, 2000 (as amended 2008) empowers a police officer not below the rank of Inspector to investigate offences under the Act.

56

In which of the following judgments did the Supreme Court set aside the judgement of the High Court of Delhi which decriminalised Section 377 of the Indian Penal Code, 1860:

  • aSakshi vs. Union of India - AIR 2004 SC 3566
  • bNaz Foundation (India) Trust vs. Suresh Kumar Koushal - (2014) 3 SCC 220
  • cPUCL Vs. Union of India - (2010) 14 SCC 245
  • dSuresh Kumar Kaushal vs. Naz Foundation (India) Trust (2014) 1 SCC 1
Answer & solution

Correct answer: D

In Suresh Kumar Koushal v. Naz Foundation, (2014) 1 SCC 1, the Supreme Court set aside the Delhi High Court's Naz Foundation judgment and upheld/reinstated Section 377 IPC. Option (b) inverts the cause-title, so (d) is correct.

57

Which of the following acts constitute 'Atrocity' as defined in Section 3(1) of the scheduled Castes and scheduled Tribes (Prevention of Atrocities) Act, 1989?

  • aForcing to drink or eat any inedible or obnoxious substances
  • bIntentionally insulting or intimidating with intent to humiliate in any place within public view
  • cForcing or intimidating not to vote or to vote for a particular candidate or vote in a manner other than provided by law
  • dAll the above
Answer & solution

Correct answer: D

All three acts (forcing inedible substances, intentional insult in public view, and intimidation regarding voting) are enumerated atrocities under Section 3(1) of the SC/ST (Prevention of Atrocities) Act, 1989.

58

Benefit of probation to a convict of offence under the Narcotic Drugs and Psychotropic substances Act, 1985 can be provided only if:

  • ahe is under 21 years of age and is convicted for offence punishable under Section 26 or 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985
  • bhe is under 18 years of age or is convicted for offence punishable under Section 26 or 27 of the Narcotic Drugs and Psychotropic Substances Act, 1985
  • cto any accused, regardless of his age, sentenced to rigorous imprisonment up to 10 years
  • dnone of the above
Answer & solution

Correct answer: B

Section 33 NDPS Act, 1985 bars probation (CrPC §360/Probation of Offenders Act) for NDPS convicts UNLESS the person is under eighteen years of age OR the offence is punishable under Section 26 or 27. Option (b) matches ('under 18 OR §26/27').

59

Who, as per Section 2(1) of the Juvenile Justice (Care and Protection of children) Act, 2000, is a 'Juvenile in conflict with law’?

  • aA Juvenile who is alleged to have committed an offence and has not completed eighteen years of age as on the date of commission of such offence
  • bA Juvenile who is alleged to have committed an offence and has not completed twelve years of age on the date of commission of such offence
  • cA Juvenile who is alleged to have committed an offence and has not completed sixteen years of age on the date of commission of such offence
  • dA Juvenile who is alleged to have committed an offence and has not completed fourteen years of age on the date of commission of such offence
Answer & solution

Correct answer: A

Section 2(l) of the Juvenile Justice (Care and Protection of Children) Act, 2000 defines a 'juvenile in conflict with law' as one who has not completed eighteen years of age as on the date of commission of the offence.

60

Which of the following statements is not correct:

  • aone or more Juvenile Justice Boards shall be constituted by the State Government for every district
  • beach Juvenile Justice Board shall consists of a Metropolitan Magistrate or a Judicial Magistrate and two social workers, of whom at least one shall be a woman
  • cthe order passed by the Juvenile Justice Board in absence of any Member at any stage of proceedings shall be invalid
  • dpower of the Juvenile Justice Board may also be exercised by the High Court and the court of Sessions when Court and the Court of Sessions, when the proceedings come before them in appeal, revision or otherwise
Answer & solution

Correct answer: C

Under Section 4(3) proviso of the JJ Act, 2000, an order passed by the Board in the absence of any member at any stage of proceedings shall NOT be invalid merely on that ground. So the statement in (c) is the incorrect one.

61

Under Section 32 of the Indian Evidence Act, 1872, statement of a person, who is dead, is relevant:

  • aif it relates to cause of someone else's death
  • bif it relates to cause of his own death or someone else's death
  • cif it relates to the cause of his own death
  • dnone of the above
Answer & solution

Correct answer: C

Section 32(1) of the Indian Evidence Act, 1872 (dying declaration) makes a deceased's statement relevant when it relates to the cause of his own death or circumstances of the transaction resulting in his death; it concerns his OWN death.

62

Section 436-A of the Code of Criminal Procedure, 1973, provides for grant of bail to an accused pending trial if:

  • ahe has undergone detention for one-fourth period of imprisonment specified for the offence for which he is being tried
  • b/he has undergone detention for one-third period of imprisonment specified for the offence for which he is being tried
  • che has undergone detention for one-half period of imprisonment specified for the offence for which he is being tried
  • d(a) and (b) above
Answer & solution

Correct answer: C

Section 436-A CrPC, 1973 entitles an under-trial to release on bail once he has undergone detention up to one-half of the maximum imprisonment specified for the offence.

63

Facts, which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, whether they occurred at the same time and place or at different times and places:

  • aare irrelevant
  • bare relevant
  • care partly relevant
  • dnone of the above
Answer & solution

Correct answer: B

Section 6 of the Indian Evidence Act, 1872 (res gestae): facts forming part of the same transaction as a fact in issue are relevant, whether occurring at the same or different times and places.

64

Which of the following statements, as per provisions of the Indian Evidence Act, 1872, is not correct?

  • aFacts which are inconsistent with any fact in issue, shall not be relevant
  • bFacts not otherwise relevant are relevant if by themselves or in connection with other facts, they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable
  • cAny fact is relevant, which shows or constitutes a motive or preparation for any fact in issue or relevant fact
  • dAdmissions are not conclusive proof of the matters admitted, but they may operate as estoppels under the provisions of the Indian Evidence Act, 1872
Answer & solution

Correct answer: A

Under Section 11 of the Evidence Act, facts inconsistent with any fact in issue ARE relevant. So statement (a) ('shall not be relevant') is the incorrect one.

65

Narcoanalysis, polygraph test and brain electrical activation profile test conducted against will of the person subjected to such tests, violates his right protected under Article 20(1), and right to personal liberty protected under Article 21 of the Constitution of India, was held by the Supreme Court in which of the following cases:

  • aWakkar and Another vs. State of Uttar Pradesh - (2011) 3 SCC 306
  • bMunna Kumar Upadhyay vs. State of Andhra Pradesh - (2012) 6 SCC 174
  • cJagroop singh vs. State of Punjab - (2012) 11 scc 768
  • dSelvi and others vs. State of Karnataka - (2010) 7 SCC 263
Answer & solution

Correct answer: D

In Selvi v. State of Karnataka, (2010) 7 SCC 263, the Supreme Court held that involuntary narcoanalysis, polygraph and BEAP tests violate Article 20(3) and Article 21 of the Constitution.

66

Statement 'A' - when a court of Sessions passes a sentence of death, the court shall, according to Rule 102 of the General Rules (Criminal) 1980, commit the prisoner by a warrant in the appropriate form to the jail from which he came to stand his trial, and shall submit its proceedings to the High Court at the latest on the fourth day after the sentence of death has been pronounced. Statement 'B' - when a court of Sessions passes a sentence against a female prisoner to death, according to Rule 104 of the General Rules (criminal) 1980, it shall consider after enquiring from such prisoner herself, if necessary, whether she is pregnant and if it thinks that it is likely, it shall have her examined by the District Medical officer or such other doctor as it may consider fit and if it finds that she is in fact pregnant, it shall make a report to the High Court.

  • aBoth the aforesaid statements are correct
  • bStatement 'A' is correct and Statement 'B' is incorrect
  • cStatement 'B' is correct and Statement 'A' is incorrect
  • dNone of them is correct
Answer & solution

Correct answer: A

Both statements correctly reproduce Rules 102 and 104 of the Rajasthan General Rules (Criminal), 1980 regarding commitment of a death-sentenced prisoner and the enquiry into pregnancy of a female prisoner sentenced to death.

67

How many kinds of punishment are provided in Section 53 of the Indian Penal Code, 1860?

  • asix
  • bFour
  • cFive
  • dSeven
Answer & solution

Correct answer: C

Section 53 IPC provides five kinds of punishment: death, imprisonment for life, imprisonment (rigorous/simple), forfeiture of property, and fine.

68

According to Sections 73 and 74 of the Indian Penal Code, 1860, a convict can be kept in solitary confinement for any portion or portions of imprisonment to which he is sentenced. Which of the following is incorrect?

  • aFor period not exceeding three months in the whole
  • bFor period not exceeding three months, if the term of the imprisonment exceeds six months and does not exceed one year
  • cFor period not exceeding three months if the term of imprisonment exceeds one year
  • dThe solitary confinement in no case shall exceed 14 days at a tim
Answer & solution

Correct answer: C

Section 73 IPC caps solitary confinement at a maximum of three months only where imprisonment exceeds one year; (c) omits the limit and states 'exceeds one year' without the three-month cap context wrongly, making it the incorrect statement (the correct scale: <=6m:1m; 6m-1yr:2m; >1yr:3m).

69

A knows Z to be behind a bush. B does not know it. A, intending to cause, or knowing it to be likely to cause z's death, induces 8 to fire at the bush. B fires and kills z. What offence has been committed by A and B?

  • aA and B both would be guilty of committing offence punishable under Section 302 IPC
  • bwhile A would be guilty of committing offence under Section 302 IPC, B would be guilty of committing offence under Section 304 Part II, IPC,
  • cA would be guilty of committing offence punishable under Section 302 IPC, B would be guilty of no offence
  • dA and B both would be guilty of committing offence punishable under Section 304 Part-I of the IPC
Answer & solution

Correct answer: C

This is Illustration (b) to Section 299 IPC. A, intending/knowing Z's death likely, induces innocent B to fire; A is guilty of culpable homicide (Section 302/304), while B, having no knowledge, commits no offence.

70

A is in a house which is on fire, with z, a child. People below hold out a blanket. A drops the child from the house-top, knowing it to be likely that the fall may kill the child but not intending to kill the child, and intending, in good faith, the child's benefit, and the child dies: Which of the following offences has been committed by A?

  • aSection 304-A, of Indian Penal Code, 186
  • bSection 304 part II, of Indian Penal Code, 1860
  • cSection 302, of Indian Penal Code, 1860
  • dA has committed no offence
Answer & solution

Correct answer: D

This is the illustration to Section 92 IPC (act done in good faith for another's benefit without consent in an emergency). A commits no offence.

71

I am pleading for the preservation of trees

  • asimple Present Tense
  • bPast Tense
  • cPresent continuous Tense
  • dPast continuous Tense
Answer & solution

Correct answer: C

'I am pleading' uses am + present participle (-ing), which is the Present Continuous Tense.

72

Fill in the blank with correct form of verb: My sister saw a snake while she ..................... in the garden

  • awas walking
  • bwalks
  • cIs walking
  • dwere walking
Answer & solution

Correct answer: A

A past action interrupted by another past action takes the past continuous: 'while she was walking in the garden.'

73

Pick up the correct synonym for the word: STUBBORN

  • aEasy
  • bobstinate
  • cwilling
  • dPliable
Answer & solution

Correct answer: B

A synonym of 'stubborn' is 'obstinate.' Easy, willing and pliable are antonyms.

74

Choose the word opposite in the meaning to the word: ARBITRARY

  • aDictatorial
  • bAutocratic
  • cHigh handed
  • dMethodical
Answer & solution

Correct answer: D

'Arbitrary' (based on whim, not reason/order) is opposite to 'methodical' (orderly, systematic). The other options are synonyms.

75

Note: In next two questions, choose the alternative which best expresses the meaning of the idiom/phrase. 'A man of weight'

  • aA fat person
  • bTo truthful and trustworthy man
  • cA man of importance
  • dA notorious man
Answer & solution

Correct answer: C

The idiom 'a man of weight' means a person of importance or influence.

76

'A fool's paradise’

  • aParadise of idiots
  • bA state of happiness for foolish reasons
  • cTo live in the past
  • dTo remain in the state of daydreaming
Answer & solution

Correct answer: B

The idiom 'a fool's paradise' means a state of happiness based on false hope or foolish/unfounded reasons. Option (b) captures this; daydreaming (d) is a distractor.

77

Note: In the next three questions, identify the correct indirect speech. The policeman said to us, where are you going'?

  • aThe Policeman asked to us where we are going.
  • bThe policeman told us where we were going.
  • cThe Policeman enquired where we were going.
  • dThe Policeman said where were we going
Answer & solution

Correct answer: C

An interrogative ('where are you going?') in indirect speech uses 'asked/enquired' with no inversion and tense back-shift: 'The Policeman enquired where we were going.' Option (a) wrongly keeps present tense and adds 'to'.

78

Call the first witness', said the Judge.

  • aThe Judge asked for calling first witness.
  • bThe Judge commanded them to call the first witness.
  • cThe Judge said to call the first witness.
  • dThe Judge requested to call for first witness
Answer & solution

Correct answer: B

An imperative/command ('Call the first witness') is reported with 'commanded/ordered + object + to-infinitive': 'The Judge commanded them to call the first witness.'

79

She said to me, "I shall play now."

  • ashe told me that she should play now.
  • bshe told me that she should play then.
  • cShe told me that she would play now.
  • dShe told me that she would play then.
Answer & solution

Correct answer: D

'I shall play now' back-shifts to 'would play' and the adverb 'now' becomes 'then': 'She told me that she would play then.'

80

Note: In the next two questions mark the correct passive voice of the given sentence. Someone gave her a bulldog

  • aShe was given a bulldog
  • bA bulldog was given to her by someone.
  • cshe has been given a bulldog
  • dShe is being given a bulldog by someone.
Answer & solution

Correct answer: A

'Someone gave her a bulldog' converts to passive with the indirect object as subject: 'She was given a bulldog' (agent 'by someone' dropped as indefinite). This is the standard preferred passive.

81

Mona was writing a letter to her father

  • aA letter was written to her father by Mona.
  • bA letter has been written to her father by Mona.
  • cA letter was being written by Mona to her father.
  • dA letter was written by Mona to her father.
Answer & solution

Correct answer: C

Past continuous active ('was writing') becomes past continuous passive 'was being written': 'A letter was being written by Mona to her father.'

82

Note: In the next three questions choose the correct option to fill in the blanks ............... rich should help ..............poor

  • aA, a
  • bThe, a
  • cThe, an
  • dThe, the
Answer & solution

Correct answer: D

'The' before an adjective denotes a class of people ('the rich', 'the poor'). Hence 'The rich should help the poor' - option (d).

83

.............. pupil should obey his teacher

  • aA
  • bThe
  • cAn
  • dX
Answer & solution

Correct answer: A

A singular countable noun used generically takes the indefinite article: 'A pupil should obey his teacher.'

84

Kalidas is .............. Shakespeare of India.

  • aa
  • ban
  • cthe
  • dX
Answer & solution

Correct answer: C

When a proper noun is used as a common noun to denote an outstanding example ('the Shakespeare of India'), the definite article 'the' is used.

85

What do you mean by 'ACTUS CURIAE NEMINEM GRAVABIT'

  • aA personal right of action dies with the person
  • bThe law holds no man responsible for the act of God
  • cAn act of the court shall prejudice no man
  • dNone
Answer & solution

Correct answer: C

The maxim 'actus curiae neminem gravabit' means 'an act of the court shall prejudice no man' - no party should suffer due to a mistake of the court.

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