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Uttar Pradesh Judiciary — Prelims 2023

146 questions Objective 146 answers with solutions PDF
1

Which one of the following principles is laid down in the case of Rajesh Kant Roy vs. Shanti Devi?

  • aPrinciples of Part Performance
  • bPrinciples of Lis Pendens
  • cPrinciples of Vested interest
  • dPrinciples of Contingent interest
Answer & solution

Correct answer: C

Rajes Kanta Roy v. Santi Debi, AIR 1957 SC 255, laid down the principle of vested interest under the TPA, holding that postponement of enjoyment does not make an interest contingent and courts lean in favour of vesting.

2

Within the meaning of Section 51 of TP Act, the transferee-

  • ais not entitled to the value of improvements
  • bis entitled to the value of improvements
  • chas conditional entitlement to the value of improvements
  • dNone of the above
Answer & solution

Correct answer: B

Section 51 TPA embodies the doctrine of improvements: a transferee in good faith believing himself absolutely entitled is, on eviction, entitled to the value of the improvements he has made.

3

When transfer of property by the owner is dissented under Section 35 of Transfer of Property, under which circumstances compensation should be given to disappointed transferee? Where the transfer is gratuitous and the transferor has, before the election, died or otherwise become incapable of making a fresh transfer. Where the transfer is gratuitous and the transferor is, before the election, alive. When the transfer is for consideration and the transferor has, before the election died. When the transfer is for consideration and the transferor is, before the election, alive Select the correct answer

  • a1,2, 3 and 4
  • bOnly 2, 3, 4
  • cOnly 1, 2, 3 4
  • dOnly 1, 3, 4
Answer & solution

Correct answer: D

Under the second proviso to Section 35 TPA, compensation to the disappointed transferee arises only where the transfer is gratuitous and the transferor has died/become incapable before election (1), or where the transfer is for consideration whether the transferor has died (3) or is alive (4). Item 2 (gratuitous, transferor alive) is excluded, so 1, 3, 4.

4

Match list-I with list-l and select the correct answer using the code given below List - I Doctrine of Subrogation Doctrine of Consideration Doctrine of Accumulation Doctrine of Lis pendens List - II Section 17 TPA Section 52 TPA Section 61 TPA Section 92 TPA Code-

  • aA-4, B-3, C-1, D-2
  • bA-4, B-3, C-2, D-1
  • cA-1, B-2, C3, D-4
  • dA-3, B-2, C-1, D-4
Answer & solution

Correct answer: B

Subrogation = s.92 TPA (4), Doctrine of Consideration/marshalling-related context here maps to s.61 (3), Accumulation = s.17 (1), Lis pendens = s.52 (2): giving A-4, B-3, C-1, D-2.

5

Legal terminology 'Res Nullius' is used for

  • aproperty of certain person
  • bownerless property
  • cproperty of corporation
  • dNone of the above
Answer & solution

Correct answer: B

'Res nullius' is a Latin maxim meaning a thing belonging to no one, i.e. ownerless property.

6

Which one of the following is not the essential element of sale?

  • aSeller and buyer
  • bWithout consideration
  • cTransfer of ownership
  • dNone of the above
Answer & solution

Correct answer: B

Under Section 54 TPA, sale is transfer of ownership in exchange for a price (consideration). 'Without consideration' is therefore NOT an essential element of sale.

7

Under which of the following conditions, Section 12 of the Transfer of Property Act, 1882 is not applicable?

  • aWhere the transfer is by the way of Lease.
  • bWhere the transfer is by the way of exchange.
  • cWhere the transfer is by the way of a gift.
  • dWhere the transfer is by the way of sale.
Answer & solution

Correct answer: A

Section 12 TPA (condition making interest determinable on insolvency/attempted alienation being void) does not apply to a condition in a lease for the benefit of the lessor; the proviso expressly saves leases.

8

Which of the following instruments have been excluded by the application of Section 137 of the Transfer of Property Act, 1882? Select the correct answer using the code given below: Stocks Shares DebentureS Code

  • aAll 1, 2, and 3
  • bOnly 1 and 2
  • cOnly 2 and 3
  • dOnly 1 and 3
Answer & solution

Correct answer: A

Section 137 TPA provides that the Chapter on actionable claims does not apply to stocks, shares or debentures (nor to negotiable instruments or mercantile documents of title), so all three are excluded.

9

Which one of the following Section of Transfer of Property Act relates to 'oral transfer?

  • aSection 5
  • bSection 7
  • cSection 8
  • dSection 9
Answer & solution

Correct answer: D

Section 9 TPA provides that a transfer of property may be made orally (oral transfer) in all cases where writing is not expressly required by law.

10

Match list-I with list-ll and select the correct answer using the code given below the lists- List - I List - II Holding over 1. Mortgage Universal donee 2. Gift Redemption 3. Lease Purchases 4. Sale Code :

  • aA-3, B-2, C-1, D-4
  • bA-2, B-3, C-4, D-1
  • cA-4, B-1, C2, D-3
  • dA-1, 8-4, C3, D-2
Answer & solution

Correct answer: A

Holding over = Lease (3), Universal donee = Gift (2), Redemption = Mortgage (1), Purchases = Sale (4): giving A-3, B-2, C-1, D-4.

11

Match list-i with list-il and select the correct answer using the code given below the lists List - I Part performance Conditional Transfer Appointment of receiver Implied contracts by mortgagor List - II Section 65 TPA Section 53A TPA Section 69A TPA Section 25 TPA Code :

  • aA-2, B-3, C-4, D-1
  • bA-3, B-4, C-2, D-1
  • cA-2, B-1, C-3, D-4
  • dA-2, B-4, C-3, D-1
Answer & solution

Correct answer: D

Part performance = s.53A (2), Conditional transfer here maps to s.25 (4), Appointment of receiver = s.69A (3), Implied contracts by mortgagor = s.65 (1): giving A-2, B-4, C-3, D-1.

12

Which of the following pair is not correctly matched?

  • aWhat may be transferred-Section 6 of TPA
  • bOral transfer - Section 9 of TPA
  • cVested interest Section 21 of TPA
  • dJoint transfer for consideration Section 45 of TPA
Answer & solution

Correct answer: C

Vested interest is governed by Section 19 TPA, not Section 21 (which is contingent interest). The other pairs (s.6 what may be transferred, s.9 oral transfer, s.45 joint transfer for consideration) are correct, so (c) is the wrongly-matched pair.

13

Match list-I with list-ll and select the correct answer using the code given below the lists - List - I Fraudulent transfer Election when necessary Rule against perpetuity Conditional transfer List - II Section 14 TPA Section 35 TPA Section 25 TPA Section 53 TPA Code :

  • aA-2, B-4, C-1, D-3
  • bA-4, B-2, C-1, D-3
  • cA-4, B-2, c-3, D-1
  • dA-1, B-2, c-3, D-4
Answer & solution

Correct answer: B

Fraudulent transfer = s.53 (4), Election when necessary = s.35 (2), Rule against perpetuity = s.14 (1), Conditional transfer = s.25 (3): giving A-4, B-2, C-1, D-3.

14

Assertion (A): Transfer in perpetuity is allowed for the benefit of public. Reason (R): Welfare of public at large is above the welfare of individual.

  • aA & R both are true and R is the correct explanation of A
  • bA & R both are true but R is not the correct explanation of A
  • cA is true but R is false H
  • dRis true but A is false
Answer & solution

Correct answer: A

Section 18 TPA permits transfer in perpetuity for the benefit of the public (religious, charitable, etc.); both A and R are true and R (public welfare prevails over individual) correctly explains A.

15

Which one of the following Section of the Indian Evidence Act, 1872 is related with the 'Presumption as to electronic agreements'?

  • aSection 81A
  • bSection 85C
  • cSection 88A
  • dSection 85A
Answer & solution

Correct answer: D

Section 85A of the Indian Evidence Act, 1872 provides the presumption as to electronic agreements concluded by affixing digital signatures of the parties.

16

Under the Indian Evidence Act, 1872 how many witnesses are required for the proof of any fact?

  • aAt least one
  • bAt least two
  • cAt least five
  • dNot specified
Answer & solution

Correct answer: D

Section 134 of the Indian Evidence Act provides that no particular number of witnesses is required for proof of any fact; the law is not specified as to number ('evidence is to be weighed, not counted').

17

Match list-I with list-Il and select the correct answer using the code given below the lists List - I Electronic Records Opinion as to digital signature Proof as to digital signature Presumption as to digital messages List - II Section 47A Indian Evidence Act Section 88A Indian Evidence Act Section 22A Indian-Evidence Act Section 67A Indian Evidence Act Code :

  • aA-4, B-3, C-2, D-1
  • bA-3, B1, C2, D-4
  • cA-3, B-1, C-4, D-2
  • dA-4, B-1, C-2, D-3
Answer & solution

Correct answer: C

List-II: 47A=1, 88A=2, 22A=3, 67A=4. Opinion as to digital signature = 47A (1), Proof as to digital signature = 67A (4), Presumption as to digital/electronic messages = 88A (2), Electronic Records = 22A (3): giving A-3, B-1, C-4, D-2.

18

Match list-I with list-ll and select the correct answer using the code given below the lists - List - I Section 45 of the Indian Evidence Act Section 85 of the Indian Evidence Act Section 45A of the Indian Evidence Act Section 23 of the Indian Evidence Act List - II opinion of Examiner on Electronic Evidence Admission in Civil cases when relevant Presumption as to Power of Attorney Expert opinion Code :

  • aA-4, B-3, C-1, D-2
  • bA-1, B-3, C-4, D-2
  • cA-4, B-3, C-2, D-1
  • dA-1, B-2, C-3, D-4
Answer & solution

Correct answer: A

s.45 = Expert opinion (4), s.85 = Presumption as to Power of Attorney (3), s.45A = Opinion of Examiner of Electronic Evidence (1), s.23 = Admission in Civil cases when relevant (2): giving A-4, B-3, C-1, D-2.

19

Which of the following is not correctly matched?

  • aMatrimonial communication: Section 122 Indian Evidence Act
  • bConfidential communication with Legal Advisors: 127 Indian Evidence Act
  • cOfficial communication: Section 124 Indian Evidence Act
  • dProfessional communication: Section 126 Indian Evidence Act
Answer & solution

Correct answer: B

Confidential communications with legal advisers is Section 129 (not 127) of the Indian Evidence Act; Section 127 merely extends s.126 to interpreters/clerks. Hence pair (b) is wrongly matched.

20

A Barrister is instructed by an Attorney or Vakil that an important witness is a dacoit. This is a reasonable ground for asking the witness whether he is a dacoit." This illustration is based on which Section of the Indian Evidence Act?

  • aSection 149
  • bSection 153
  • cSection 147
  • dSection 145
Answer & solution

Correct answer: A

The illustration about a barrister instructed that a witness is a dacoit being reasonable ground to ask the question is Illustration (b) to Section 149 of the Indian Evidence Act (reasonable grounds for questions in cross-examination).

21

The statement in order to constitute a 'Confession' under the lndian Evidence Act, must either admit in terms the offence or at any rate substantially all the facts which constitute the offence." The above view was expressed by the Privy Council in which one of the following case?

  • aQ.E. vs. Abdullah
  • bH.H.B. Gill vs. King Emperor
  • cPakla Narayana Swarny vs. Emperor
  • dJohn Makin vs. Attorney General
Answer & solution

Correct answer: C

In Pakala Narayana Swami v. King Emperor (1939), the Privy Council (Lord Atkin) held that a confession must either admit in terms the offence or substantially all the facts constituting the offence.

22

Which of the following is hot correctly matched?

  • aPresumption as to documents thirty years old: Section 90 Indian Evidence Act
  • bOrder of Examinations: Section 138 Indian Evidence Act
  • cPresumption as to dowry death- Section 113A Indian Evidence Act
  • dOfficial Communications: Section 124 Evidence Act
Answer & solution

Correct answer: C

Presumption as to dowry death is Section 113B (not 113A, which is abetment of suicide by a married woman) of the Indian Evidence Act, so pair (c) is wrongly matched.

23

If a witness, who is unable to speak, gives his evidence in writing in the open court, evidence so given shall be deemed to be

  • adocumentary evidence
  • bprimary evidence
  • coral evidence
  • dsecondary evidence
Answer & solution

Correct answer: C

Under Section 119 of the Indian Evidence Act, evidence given by a witness unable to speak who writes it in open court is deemed to be oral evidence.

24

Read the following statements carefully The presumption of legitimacy of child is governed by Section 112 of the Indian Evidence Act Narendra Nath Pahari vs. Ram Govind Pahari is a leading case on the legitimacy of a child born during the continuance of valid marriage. From the above

  • aA is true but B is false
  • bA is false but B is true
  • cBoth A and B are true
  • dBoth A and B are false
Answer & solution

Correct answer: C

Section 112 governs the presumption of legitimacy, and Narendra Nath Pahari v. Ram Govind Pahari is a recognised leading case on legitimacy of a child born during a valid marriage; both statements are true.

25

Presumption as to electronic record of five year old is -

  • aPresumption of Fact
  • bPresumption of Law
  • cPresumption of Fact and Law
  • dConclusive proof
Answer & solution

Correct answer: A

Section 90A (presumption as to electronic records five years old) uses the words 'the Court may presume', making it a rebuttable presumption of fact, not of law.

26

Match list-I with list-ll and select the correct answer using the code given below the lists - List - I Primary evidence Public document Private document Secondary evidence List - II Section 74 Indian Evidence Act Section 75 Indian Evidence Act Section 62 Indian Evidence Act Section 63 Indian Evidence Act Code :

  • aA-1, B-2, C-3, D-4
  • bA-2, B-3, C-4, D-1
  • cA-4, B-2, C3, D-1
  • dA-3, B-1, C-2, D-4
Answer & solution

Correct answer: D

Primary evidence=S62, Public document=S74, Private document=S75, Secondary evidence=S63. Thus A-3, B-1, C-2, D-4.

27

Which one of the following Provision of the Indian Evidence Act is not matched

  • aSection 4 May Presume, Shall Presume, Conclusive Proof
  • bSection 5 Evidence may be given of facts in issues and relevant facts
  • cSection 17-Relevant Fact
  • dSection 45-Opinion of experts
Answer & solution

Correct answer: C

Section 17 of the Indian Evidence Act defines 'Admission', not 'Relevant Fact'; hence (c) is incorrectly matched.

28

Match list-l with list- II and select the correct answer from the code given below the lists- List - I Hostile witness Dying Declaration Refreshing Memory Leading Questions List - II Section 159 Indian Evidence Act Section 32(1) Indian Evidence Act Section 154 Indian Evidence Act Section 141 Indian Evidence Act Code :

  • aA-3, B-2, C1, D-4
  • bA-1, B-2, C-3, 0-4
  • cA-4, B-2, C-1, D-3
  • dA-2, B-3, C1, D-4
Answer & solution

Correct answer: A

Hostile witness=S154, Dying Declaration=S32(1), Refreshing Memory=S159, Leading Questions=S141. Thus A-3, B-2, C-1, D-4.

29

Identification proceedings' are provided under which Section of the Indian Evidence Act?

  • aSection-7
  • bSection -8
  • cSection-9
  • dSection-11
Answer & solution

Correct answer: C

Facts establishing the identity of a person (identification proceedings) are relevant under Section 9 of the Indian Evidence Act.

30

Match list-1 with list-l and select the correct answer using the code given below the lists List - I Interpretation Clause When facts not otherwise relevant become relevant Burden of Proof Relevancy of facts forming part of same transaction List - II Section 6 Indian Evidence Act Section 105 Indian Evidence Act Section 11 Indian Evidence Act Section 3 Indian Evidence Act Code :

  • aA-1, B-2, C-3, D-4
  • bA-2, 8-3, C4, D-1
  • cA-4, B-3, C-2, D-1
  • dA-2, 8-1, C-3, D-4
Answer & solution

Correct answer: C

Interpretation Clause=S3, Facts not otherwise relevant becoming relevant=S11, Burden of Proof=S105, Facts forming part of same transaction=S6. Thus A-4, B-3, C-2, D-1.

31

In which of the following Sections of the Indian Evidence Act, the fact showing the knowledge is declared relevant?

  • aSection-8
  • bSection-9
  • cSection-13
  • dSection-14
Answer & solution

Correct answer: D

Facts showing existence of state of mind such as knowledge are relevant under Section 14 of the Indian Evidence Act.

32

Consider the following events and arrange them into chronological order Cross examination Examination in chief Re-examination Select the correct answer using the code given below Code :

  • aI,lI and lII
  • bII, I and III
  • cIII, II and I
  • dII, III and I
Answer & solution

Correct answer: B

Order of examination (S138): Examination-in-chief (II), then Cross-examination (I), then Re-examination (III); so II, I and III.

33

The evidence may be given of following facts Facts in issue Relevant fact Select the correct answer using the code given below Code :

  • aOnly 1
  • bOnly 2
  • cBoth 1 and 2
  • dNeither1 nor 2
Answer & solution

Correct answer: C

Under Section 5, evidence may be given of facts in issue and of relevant facts; both 1 and 2.

34

Assertion (A): Admission is only prima facie proof. Reason (R): Admission is not a conclusive proof but it may operate as an estoppel.

  • aA and R both are true and R is the correct explanation of A
  • bA and R both are true but R is not the correct explanation of A
  • cA is true but R is false
  • dR is true but A is false
Answer & solution

Correct answer: A

Admission is not conclusive proof (S31) but may operate as estoppel; both A and R are true and R correctly explains A.

35

Match list- with list-ll and select the correct answer using the code given below the lists List - I Section 146 IPC Section 340 IPC Section 192 1PC Section 383 IPC List - II Fabricating False Evidence Extortion Rioting Wrongful confinement Code : A commits theft on the property in the possession of 'B' and while committing theft 'A' has a loaded pistol under his garments, kept for the purpose of hurting 'B' in case if 'B' resist.

  • aA-1, B-4, C-3, D-2
  • bA-3, B-4, C-1, D-2
  • cA-3, B-2, C-1, D-4
  • dA-2, B-4, C-3, D-1
Answer & solution

Correct answer: B

S146 IPC=Rioting, S340=Wrongful confinement, S192=Fabricating false evidence, S383=Extortion. Thus A-3, B-4, C-1, D-2.

36

The offence committed by 'A' is defined under which Section of the Indian Penal Code, 1860?

  • aSection 382
  • bSection 381
  • cSection 379
  • dSection 390
Answer & solution

Correct answer: D

Theft committed while the offender is armed with a deadly weapon kept to cause hurt if resisted constitutes robbery, defined under Section 390 IPC.

37

Which of the following pair is not matched?

  • aExtortion-Section 383 1PC
  • bDacoity-Section 391 IPC
  • cRobbery-Section 389 IPC
  • dTheft-Section 378 IPC
Answer & solution

Correct answer: C

Robbery is defined under Section 390 IPC (S389 deals with putting a person in fear of accusation to commit extortion), so the pair Robbery-S389 is wrong.

38

Consider the following activities & arrange them into chronological ascending order as per relevant Sections of the Indian Penal Code. Sedition House Trespass Communication made in good faith Public Nuisance Select the correct answer using the code given below- Code :

  • aIII, I, IV, II
  • bIII, IV, I, II
  • cI, III, II, IV
  • dIV, II, I, III
Answer & solution

Correct answer: A

Ascending section order: Communication in good faith (S93, III), Sedition (S124A, I), Public Nuisance (S268, IV), House Trespass (S442, II) = III, I, IV, II.

39

The expression 'disaffection' used in Section 124-A of the Indian Penal Code includes

  • adisloyalty only
  • bdisloyalty and all feeling of enmity
  • call feeling of enmity only
  • dhatred or contempt
Answer & solution

Correct answer: B

Explanation 1 to Section 124A IPC: the expression 'disaffection' includes disloyalty and all feelings of enmity.

40

Assertion (A): A is a child of nine years. He intentionally killed B. A may be proved guilty. Reason (R): Child below the age of twelve year exempted from criminal liability. select the correct answer -

  • aBoth (A) and (R) are true and (R) is the correct explanation of (A)
  • bBoth (A) and (R) are true but (R) is not correct explanation of (A)
  • c(A) is true but (R) is false
  • d(A) is false but (R) is true
Answer & solution

Correct answer: C

Flagged: question/options imprecise. A 9-year-old may be liable under S83 only if of mature understanding, but R's claim that all children below 12 are exempt is wrong (absolute exemption is below 7 under S82); best fit is A true but R false.

41

A hangman, who hang the prisoners pursuant to the order of the court is exempted from criminal liability by virtue of

  • aSection 77 1PC
  • bSection 73 IPC
  • cSection 78 IPC
  • dSection 76 1PC
Answer & solution

Correct answer: C

A hangman executing a sentence pursuant to a court's order is protected under Section 78 IPC (act done pursuant to the judgment or order of a Court).

42

Match list-I with list-ll and select the correct answer from the code given below the lists List - I Causing death by negligence Dowry death Abetment to suicide Attempt to commit suicide List - II Section 309 IPC Section 306 IPC Section 304A IPC Section 3048 IPC Code :

  • a(A)-3, (B)-4, (C)-2, (D)-1
  • b(A)-1, (B)-2, (C)-4, (D)-3
  • c(A)-2, (B)-4, (C)-1, (D)-3
  • d(A)-4, (B)-2, (C)-3, (D)-1
Answer & solution

Correct answer: A

Causing death by negligence=S304A, Dowry death=S304B, Abetment to suicide=S306, Attempt to commit suicide=S309. Thus A-3, B-4, C-2, D-1.

43

Which of the following cases is related to the defence of necessity?

  • aD.P.P. vs. Beard
  • bR. vs. Dudley and Stephen
  • cR. vs. Lipman
  • dCase of McNaughten
Answer & solution

Correct answer: B

R. v. Dudley and Stephens (1884) is the leading case on the defence of necessity (cannibalism at sea).

44

Arrange the following in the chronological ascending order as per relevant Sections of the India Penal Code- Document Fraudulently Dishonestly Public Servant Select the correct answer using the code given below

  • aIV, III, II and I
  • bII, II, IV and I
  • cI,II, IIl and IV
  • dII, II, I and IV
Answer & solution

Correct answer: A

Ascending order: Public Servant (S21, IV), Dishonestly (S24, III), Fraudulently (S25, II), Document (S29, I) = IV, III, II, I.

45

In executing a sentence of solitary confinement, such confinement shall in no case exceed, how many days at a time?

  • a7 days
  • b14 days
  • c21 days
  • d01 month
Answer & solution

Correct answer: B

Under Section 73 IPC, solitary confinement shall in no case exceed fourteen days at a time.

46

Assertion (A): The Indian Penal Code contains certain exemptions from criminal liability. Reason (R): These cannot be universal criminal liability in all circumstances. Select the correct answer

  • a(A) and (R) both are true and (R) is the correct explanation of (A)
  • b(A) and (R) both are true but (R) is not the correct explanation of (A)
  • c(A) is true but (R) is false
  • d(A) is false but (R) is true
Answer & solution

Correct answer: A

The IPC (Ch. IV, General Exceptions) contains exemptions because criminal liability cannot be universal in all circumstances; both true and R explains A.

47

Which one of the following is correctly matched?

  • aSection 124A IPC Criminal conspiracy
  • bSection 340 IPC-Wrongful confinement
  • cSection 350 IPC-Rape
  • dSection 354C IPC-Stalking
Answer & solution

Correct answer: B

Section 340 IPC defines Wrongful confinement, so (b) is correctly matched (124A=sedition, 350=criminal force, 354C=voyeurism).

48

Match List-I with List-l and select the correct answer using the code given below the lists List - I Section 463 IPC Section 445 IPC Section 441 IPC Section 503 IPC List - II Criminal trespass Forgery Criminal intimidation House breaking Code :

  • a(A)-2,(B)-4,(C)-1,(D)-3
  • b(A)-2,(B)-4,(C)-3,(D)-1
  • c(A-2, (B)-1,(C)-3, (D)-4
  • d(A)-1, (B)-2,(C)-4, (D)-3
Answer & solution

Correct answer: A

S463=Forgery, S445=House-breaking, S441=Criminal trespass, S503=Criminal intimidation. Thus A-2, B-4, C-1, D-3.

49

Which of the following is not an element of crime?

  • aHuman being
  • bMens Rea
  • cActus Reus
  • dObject
Answer & solution

Correct answer: D

The elements of crime are human being, mens rea, actus reus and injury; 'Object' is not an element.

50

Match list-I with list-ll and select the correct answer using code given below the lists List - I 120A 124A 295A 354C List - II Sedition Voyeurism Criminal conspiracy Deliberate and Malicious Acts intended to outrage religious feelings or any class by insulting religious belief or religion. Code :

  • a(A)-1, (B)-2, (C)-3, (D)4
  • b(A)-2, (B)-4, (C)-1, (D)-3
  • c(A)-4, (B)-3, (C)-2, (D)-1
  • d(A)-3, (B)-1, (C)-4, (D)-2
Answer & solution

Correct answer: D

120A=Criminal conspiracy, 124A=Sedition, 295A=Deliberate and malicious acts outraging religious feelings, 354C=Voyeurism. Thus A-3, B-1, C-4, D-2.

51

'A is a national champion of swimming in pond. He could have saved the child, but did not do so. The child drowned. Is 'A' guilty of

  • amurder
  • babetment of Suicide
  • cculpable homicide not amounting to murder
  • dno offence
Answer & solution

Correct answer: D

A had no legal duty to rescue the stranger child; mere omission to save, absent a legal duty (s.32 IPC), is not an offence. Hence no offence.

52

Match list-1 with list-ll and select the correct answer using the code given below the lists List - I Delivery of property Taking of property Entrustment of property Convertibility of property got innocently to one's own use List - II Criminal breach of trust Criminal misappropriation of property Theft Extortion Code :

  • a(A)-4, (B)-3, (C)-1, (D)2
  • b(A)-3, (B)-4, (C)-1, (D)-2
  • c(A)-4, (B)-2, (C)-3, (D)1
  • d(A)-3, (B)-1, (C)-2, (D)-4
Answer & solution

Correct answer: A

Delivery of property = Extortion (4); Taking of property = Theft (3); Entrustment of property = Criminal breach of trust (1); Convertibility of property got innocently to one's own use = Criminal misappropriation (2). A-4,B-3,C-1,D-2.

53

Disclosure of the identity of a rape victim is punishable under the following Section of IPC, 1860-

  • aSection 337
  • bSection 228
  • cSection 229
  • dSection 228A
Answer & solution

Correct answer: D

Disclosure/publication of the identity of a rape victim is punishable under Section 228A IPC, 1860.

54

For the validity of a contract, which of the following elements are necessary? Intention to create legal relationship Knowledge of the offer Writing of the agreement Acceptance of the offer Select the correct answer using the code given below- Code :

  • a2,3 & 4
  • b1,3 & 4
  • c1,2 & 4
  • d1,2 & 3
Answer & solution

Correct answer: C

Intention to create legal relations, knowledge of the offer and acceptance of the offer are essential; writing is generally not required. So 1, 2 & 4.

55

An agreement, the meaning of which is neither certain nor is capable of being certain is

  • aVoid
  • billegal
  • cVoidable
  • dValid
Answer & solution

Correct answer: A

Section 29 of the Indian Contract Act: agreements the meaning of which is not certain, and is not capable of being made certain, are void.

56

Match list-I with list-ll and select the correct answer using the code given below the lists List - I Section 16 Indian Contract Act Section 71 Indian Contract Act Section 2(d) Indian Contract Act Section 56 Indian Contract Act List - II Consideration Agreement to do impossible act Undue influence Finder of goods Code :

  • a(A)-2, (B}-3, (C)-1, (D)4
  • b(A)-3, (B)-4, (C)-1, (D)-2
  • c(A)-3, (B)-1, (C)-4, (D)-2
  • d(A)-2, (B)-4, (C)-1, (D)-3
Answer & solution

Correct answer: B

s.16 = Undue influence (3); s.71 = Finder of goods/responsibility of finder (4); s.2(d) = Consideration (1); s.56 = Agreement to do impossible act (2). A-3,B-4,C-1,D-2.

57

Which of the following is correctly matched?

  • aRevocation how made Section 5 Indian Contract Act
  • bAcceptance must be absolute Section 6 Indian Contract Act
  • cPerson competent to contract Section 10 Indian Contract Act
  • dResponsibility of finder of goods Section 71 Indian Contract Act
Answer & solution

Correct answer: D

Responsibility of finder of goods is Section 71 of the Indian Contract Act (correctly matched). Revocation is s.5/s.6, acceptance absolute is s.7, competence is s.11.

58

Assertion (A): Agreements enforceable by law are contracts. Reason (R): Agreements not enforceable by law are void. Select the correct answer using the code given below- Code:

  • aBothA) and (R) are true and (R) is correct explanation of (A)
  • bBoth (A) and (R) are true but (R) is not correct explanation of (A)
  • c(A) is true but (R) is false
  • d(A) is false but (R) is true
Answer & solution

Correct answer: A

s.2(h)/2(g): agreements enforceable by law are contracts, and agreements not enforceable are void. Both true; R correctly explains A.

59

The case of Tweddle vs. Atkinson is related with

  • aPrivity of Contract
  • bImpossibility of performance
  • cGeneral offer
  • dAnticipatory Breach of Contract
Answer & solution

Correct answer: A

Tweddle v. Atkinson (1861) is the leading authority on the doctrine of privity of contract (a stranger to consideration/contract cannot sue).

60

Under Section 2(C) of Indian Contract Act 'promisee' is the

  • aPerson who makes the proposal.
  • bPerson who accepts the proposal.
  • cPerson who makes the promise.
  • dPerson to whom the proposal is made.
Answer & solution

Correct answer: B

Under s.2(c) of the Indian Contract Act, the person accepting the proposal is the 'promisee' (the proposer is the 'promisor').

61

Which one is the correct sequence from the following as implied in the India Contract Act, 1872 ? Offer of proposal Contract Promise Agreement Acceptance Select the correct answer-

  • a(C), (E), (A), (D), (B)
  • b(D), (B), (C), (A), (E)
  • c(B), (D), (C), (A), (E)
  • d(A), (E), (C), (D), (B)
Answer & solution

Correct answer: D

Sequence under the Act: Offer/proposal -> Acceptance -> Promise -> Agreement -> Contract = (A),(E),(C),(D),(B).

62

Point out the correct answer

  • aAn agreement enforceable by law is a contract.
  • bAn agreement which is not enforceable by law is also a contract.
  • cEvery agreement is a contract.
  • dNone of the above
Answer & solution

Correct answer: A

Per s.2(h), an agreement enforceable by law is a contract; every agreement is not a contract.

63

Assertion (A): Invitation to make tenders is not an offer. Reason (R): A tender in response to such invitation is an offer Select the correct answer

  • a(A) & (R) both are true and (R) is correct explanation of (A)
  • b(A) & (R) both are true but (R) is not the correct explanation of (A)
  • c(A) is true but (R) is false
  • d(R) is true but (A) is false
Answer & solution

Correct answer: A

An invitation to tender is merely an invitation to offer (not an offer); a tender submitted in response is the offer. Both true; R correctly explains A.

64

When consideration and object of an agreement is partly unlawful under Indian Contract Act, 1872, the agreement is

  • aVoid
  • bVoidable
  • cPartially void and partially voidable
  • dNone of the above
Answer & solution

Correct answer: A

Section 24, Indian Contract Act: if any part of a single consideration/object is unlawful, the whole agreement is void.

65

A owes 'B' 1000 but the debt is barred by the Limitation Act. 'A' signs a written promise to pay B 500 on account of the debt. This is a -

  • aContract
  • bVoid contract
  • cAgreement
  • dVoid agreement
Answer & solution

Correct answer: A

Section 25(3): a written, signed promise to pay a time-barred debt is a valid contract (an exception to the no-consideration rule).

66

Match list-I with list-l and give correct answer by using the code given below the lists List - I Voidable contract Contract Void agreement Consideration List - II Section 2(d) Indian Contract Act Section 2(g) indian Contract Act Section 2(i) Indian Contract Act Section 2(h) Indian Contract Act Code:

  • aA-4, B-3, C-2, D-1
  • bA-3, B-4, C-2, D-1
  • cA-1, B-2, C-3, D-4
  • dA-4, B-2, C-3, D-1
Answer & solution

Correct answer: B

List-II order: 1=s.2(d), 2=s.2(g), 3=s.2(i), 4=s.2(h). Voidable contract=s.2(i)=3; Contract=s.2(h)=4; Void agreement=s.2(g)=2; Consideration=s.2(d)=1. A-3,B-4,C-2,D-1 = option b.

67

Taylor vs. Caldwell, 122 ER 309 is a leading case on which topic in Indian Contract Act, 1872?

  • aDoctrine of Frustration
  • bDoctrine of Necessity
  • cOffer
  • dContingent Contract
Answer & solution

Correct answer: A

Taylor v. Caldwell (1863) is the leading case on the doctrine of frustration/impossibility (supervening impossibility under s.56).

68

Which of the following Sections of Code of Civil Procedure, 1908 deals with transfer of decree for execution ?

  • aSection 42
  • bSection 39
  • cSection 51
  • dSection 16
Answer & solution

Correct answer: B

Section 39 CPC deals with transfer of decree for execution to another competent court.

69

Arrange the following in the chronological order on the basis of Sections of Civil Procedure Code, 1908 Institutions of Suits Res Judicata Legal representative Arrest and detention Select the correct answer Code :

  • aI,II,III & IV
  • bI,III,II & IV
  • cII, I, III & IV
  • dII, III, I & IV
Answer & solution

Correct answer: C

By section number: Res Judicata s.11 (II), Institution of Suits s.26 (I), Legal representative s.50 (III), Arrest and detention s.55+ (IV) -> II, I, III, IV.

70

Which of the following Section in the Code of Civil Procedure, 1908 deals with settlement of disputes outside the court?

  • aSection 88
  • bSection 89
  • cSection 90
  • dSection 91
Answer & solution

Correct answer: B

Section 89 CPC provides for settlement of disputes outside the court (arbitration, conciliation, mediation, Lok Adalat).

71

Match list-I with list-11 and give correct answer by using the code given below the lists List - I Adjournment Execution of Decree and orders ( Plaint Affidavit List - II Order 19 CPC Order 17 CPC Order 21 CPC Order 7 CPC Code:

  • aA-1, B-2,C-3,D-4
  • bA-2, B-3,C-4,D-1
  • cA-3, B-2,C-1,D-4
  • dA-4, B-2,C-3, D-1
Answer & solution

Correct answer: B

Adjournment = Order 17 (2); Execution of decrees and orders = Order 21 (3); Plaint = Order 7 (4); Affidavit = Order 19 (1). A-2,B-3,C-4,D-1.

72

'Movable Property' under Section 2(13) of the Code of Civil Procedure Code, 1908 includes

  • agrowing trees
  • bbuildings
  • cgrowing crops
  • dmoney
Answer & solution

Correct answer: C

Section 2(13) CPC defines movable property to include growing crops (it excludes things attached to/forming part of land such as trees/buildings).

73

Section 75 of the Civil Procedure Code, 1908 provides for

  • aIssuing Commission for getting opinion
  • bAppointment of executors and administrators
  • cSettlement of disputes outside the court
  • dAll of the above
Answer & solution

Correct answer: A

Section 75 CPC empowers the court to issue commissions, including to examine witnesses and obtain opinions/local investigation.

74

Match list-I with list-lI and select the answer using the code given below the lists List - I Execution of Decree Letter of request Legal representative Institution of Suit List - II Section 50 CPC Section 26 CPC Section 77 CPC Section 38 CPC Code:

  • aA-1, B-2, C-4, D-3
  • bA-2, B-4, C-1, D-3
  • cA-4, B-3, C-1, D-2
  • dA-3, B-4, C-1, D-2
Answer & solution

Correct answer: C

Execution of decree = s.38 (4); Letter of request = s.77 (3); Legal representative = s.50 (1); Institution of suit = s.26 (2). A-4,B-3,C-1,D-2.

75

Provision regarding adjudication of Claims and Objection to attached property is Order 21 Rule 58 CPC Order 21 Rule 59 CPC Order 21 Rule 57 CPC None of the above No appeal shall lie from a decree passed by the court with the consent of the parties. It is provided in

  • aSection 96(1) CPC
  • bSection 96(2) CPC
  • cSection 96(3) CPC
  • dSection 96(4) CPC
Answer & solution

Correct answer: C

OCR merged two questions; the live options concern s.96 CPC. No appeal lies from a consent decree under Section 96(3) CPC.

76

Which of the following combinations are correctly matched? Interpleader Suit Order 35 CPC Judgment and Decree - Order 20, CPC Withdrawal and Adjustment of Suits Order 23 CPC Payment into Court-Order 21 CPC Select the correct answer Code:

  • a1, 2 and 3
  • b1, 2 and 4
  • c1, 3 and 4
  • d2, 3 and 4
Answer & solution

Correct answer: A

Interpleader Suit=Order 35, Judgment & Decree=Order 20, Withdrawal & Adjustment of Suits=Order 23 are all correct; Payment into Court is Order 24, not Order 21. So only 1, 2 and 3 are correctly matched.

77

Devilal Modi vs. STO AIR 1965 SC 1150 is a leading case on which topic?

  • aStay of Suit
  • bPlace of Suit
  • cConstructive res judicata
  • dInterlocutory orders
Answer & solution

Correct answer: C

Devilal Modi v. STO, AIR 1965 SC 1150 held that a second writ petition raising pleas that could have been taken earlier is barred by constructive res judicata (Explanation IV to Section 11 CPC principle).

78

Who has the authority to fix scales of monthly allowances payable for subsistence of judgement debtors?

  • aDistrict Court
  • bState Government
  • cDistrict Magistrate
  • dHigh Court
Answer & solution

Correct answer: B

Section 57 CPC empowers the State Government to fix scales, graduated by rank, race and nationality, of monthly allowances payable for subsistence of judgment-debtors.

79

Which of the following suits are of civil nature? Suits related to Right of Worship. Suits for rights of hereditary offices. Suits tor recovery of voluntary payments or offerings. Suits for specific relief. Select the correct answer- Code:

  • a1,2 and 3
  • b2, 3 and 4
  • c2 and 4
  • d1, 3 and 4
Answer & solution

Correct answer: B

Flagged: borderline. Suits for hereditary offices, recovery of dues/offerings (when a legal right is asserted), and specific relief are of civil nature; a suit merely for voluntary offerings without a legal right is not. The accepted UPPCSJ key takes 2, 3 and 4 as civil-nature suits.

80

Which one of the following is/ not correctly matched?

  • aSection 2(2) CPC-Decree
  • bSection 2(9) CPC- Judgement
  • cSection 2(13) CPC -Order
  • dSection 2(6) CPC- Foreign Judgment
Answer & solution

Correct answer: C

Section 2(13) CPC defines 'movable property', while 'order' is defined in Section 2(14). Hence 'Section 2(13) CPC - Order' is the incorrectly matched pair.

81

Which of the following statements is/are correct? Pleading to state material facts and not evidence. Amendments of pleadings is provided in order VI Rule 16 of CPC. Select the correct answer

  • aOnly 1
  • bOnly 2
  • cBoth 1 and 2
  • dNeither 1 nor 2
Answer & solution

Correct answer: A

Order VI Rule 2 requires pleadings to state material facts and not evidence (statement 1 correct). Amendment of pleadings is governed by Order VI Rule 17, not Rule 16, so statement 2 is wrong. Only 1 is correct.

82

Which Section of the CPC prohibits arrest or detention of woman in the execution of a decree of money?

  • aSection 55
  • bSection 56
  • cSection 59
  • dSection 60
Answer & solution

Correct answer: B

Section 56 CPC prohibits the arrest or detention in civil prison of a woman in execution of a decree for the payment of money.

83

Match list-l with list-II and select the correct answer using the code given below List - I Settlement of dispute outside the court Suit by or against Government Interpleader Suit Resistance to execution List - II Section 74 CPC Section 88 CPC Section 79 CPC Section 89 CPC Code:

  • a(A)-4, (B)-3, (C)-2,(D)-1
  • b(A)-4, (B)-2, (C)-1,(D)-3
  • c(A)-3, (B)-4,(C)-2,(D)1
  • d(A)-3, (B)-2, (C)-4,(D)-1
Answer & solution

Correct answer: A

Settlement outside court=S.89, Suit by/against Government=S.79, Interpleader Suit=S.88, Resistance to execution=S.74; giving A-4(89), B-3(79), C-2(88), D-1(74).

84

Order XX-A of the Civil Procedure Code applies to which of the following?

  • aWithdrawal of Suits
  • bAppeal
  • cCost
  • dJudgment
Answer & solution

Correct answer: C

Order XX-A CPC (Rules 1-2) deals with 'Costs' in respect of specified miscellaneous expenses such as notices, copying, witnesses, etc.

85

Match list with ist-l and select the correct answer using the code given below the lists List - I Section 11 CPC Section 26 CPC Section 33 CPC Section 35 B CPC List - II Institution of Suits Res judicata Costs for causing delay Judgment and Decree Code:

  • a(A-1,(B)-2,(C)-3,(D)-4
  • b(A)-2,(B)-1,(C)-4,(D)-3
  • c(A)-3,(B)-4,(C)-1,(D)-2
  • d(A)-4,(B)-3,(C)-2,(D)-1
Answer & solution

Correct answer: B

S.11=Res judicata, S.26=Institution of Suits, S.33=Judgment and Decree, S.35B=Costs for causing delay; giving A-2, B-1, C-4, D-3.

86

Subject to Sub-Section(2) of Section 64 of the Code of Civil Procedure, 1908, a private alienation of property after attachment is

  • aVoidable
  • bImproper
  • cLawful
  • dVoid
Answer & solution

Correct answer: D

Under Section 64(1) CPC a private alienation of property after attachment is void as against all claims enforceable under the attachment, subject to sub-section (2).

87

Which Section of Cr.P.C. is related to "no unnecessary restraint"?

  • aSection 49
  • bSection 44
  • cSection 46
  • dSection 43
Answer & solution

Correct answer: A

Section 49 CrPC provides that the person arrested shall not be subjected to more restraint than is necessary to prevent escape ('no unnecessary restraint').

88

Match list-I with list-Il and select the correct answer using the code given below the lists- List - I Contents of charge Judgment Assistant Public Prosecutor Reference to High Court List - II Section 395 Cr.P.C. Section 25 Cr.P.C. Section 353 Cr.P.C. Section 211 Cr.P.C. Code:

  • a(A)-3, (B)-4,(C)-2,(D)-1
  • b(A)-1, (B)-4,(C)-3,(D)-2
  • c(A)-4, (B)-3,(C)-2, (D)-1
  • d(A)-4, (B)-2,(C)-3, (D)-1
Answer & solution

Correct answer: C

Contents of charge=S.211, Judgment=S.353, Assistant Public Prosecutor=S.25, Reference to High Court=S.395; giving A-4, B-3, C-2, D-1.

89

Where lies the procedure under Criminal Procedure Code, 1973, when corporation or registered society is an accused?

  • aSection 319
  • bSection 304
  • cSection 305
  • dSection 306
Answer & solution

Correct answer: C

Section 305 CrPC lays down the procedure where a corporation or registered society is an accused person.

90

Match list-l with list-ll and select the correct answer using the code given below the lists List - I Language of the Court Compensation to the victim Classification of offences Inherent powers of High Court List - II Section 482 Cr.P.C. Section 272 Cr.P.C. Section 357 Cr.P.C. 1st Schedule Cr.P.C Code:

  • a(A)-2,(B)-3,(C)-4,(D)-1
  • b(A-3,(B)-1,(C}-2,(D)-4
  • c(A)-4,(B)-2,(C)-3,(D)-1
  • d(A)-1,(B)-4,(C)-2,(D)-3
Answer & solution

Correct answer: A

Language of Court=S.272, Compensation to victim=S.357, Classification of offences=1st Schedule, Inherent powers of High Court=S.482; giving A-2, B-3, C-4, D-1.

91

Which Section of Cr.P.C. has provision for cancellation of warrants?

  • aSection 69
  • bSection 70
  • cSection 71
  • dNone of the above
Answer & solution

Correct answer: B

Section 70 CrPC provides that a warrant of arrest remains in force until cancelled or executed; it contains the provision for cancellation of warrants.

92

Assertion (A): Inquiry precedes trial. Reason (R): Trial is the third stage of criminal proceeding.

  • a(A) and (R) both are true and (R) is the correct explanation of (A)
  • b(A) and (R) both are true but (R) is not the correct explanation of (A)
  • c(A) is true but (R) is false
  • d(A) is false but (R) is true
Answer & solution

Correct answer: B

Inquiry does precede trial (A true) and trial is indeed a later stage of criminal proceedings (R true), but R does not correctly explain the assertion. Both true, R not the correct explanation.

93

An offence punishable with imprisonment for a term exceeding two years relates to

  • aSummon cases
  • bWarrant cases
  • cBoth of the above (a) & (b)
  • dNeither of the above (a) & (b)
Answer & solution

Correct answer: B

Under Section 2(x) CrPC a warrant case is one relating to an offence punishable with death, life imprisonment, or imprisonment exceeding two years; hence such an offence is a warrant case.

94

Match list- I with list-lI and select the correct answer from the code given below the lists List - I Arrest by Magistrate Arrest by private person Arrest how made Arrest by police officer without warrant List - II Section 41 Cr.P.C. Section 43 Cr.P.C. Section 44 Cr.P.C. Section 46 Cr.P.C. Code:

  • a(A)-1,(B)-2.(C)-3,(D)-4
  • b(A)-3,(B)-2,(C)-4,(D)-1
  • c(A)-2,(B)-3,(C)-1,(D)-4
  • d(A)-3,(B)-2,(C)-1,(D)-4
Answer & solution

Correct answer: B

Arrest by Magistrate=S.44, Arrest by private person=S.43, Arrest how made=S.46, Arrest by police officer without warrant=S.41; giving A-3, B-2, C-4, D-1.

95

Which one of the following Section of Criminal Procedure Code, 1973 provides that, 'No judge or Magistrate shall try any case in which he is personally interested?

  • aSection 477
  • bSection 481
  • cSection 478
  • dSection 479
Answer & solution

Correct answer: D

Section 479 CrPC bars a Judge or Magistrate from trying or committing any case in which he is personally interested.

96

The subject of criminal procedure falls in which one of the following List of the Constitution of India?

  • aUnion List
  • bState List
  • cConcurrent List
  • dNone of the above
Answer & solution

Correct answer: C

Criminal procedure falls under Entry 2 of the Concurrent List (List III) of the Seventh Schedule to the Constitution.

97

Arrange the following in the chronological order on the basis of Sections of Criminal Procedure Code- Public prosecutor Special Metropolitan Magistrate Special Judicial Magistrate Court of Session Select the correct answer using the code given below Code:

  • aI, II, III and IV
  • bIV, III, Il and I
  • cl, IV, Il and I
  • dI, IV, III and II
Answer & solution

Correct answer: B

Ascending section order: Court of Session (S.9), Special Judicial Magistrate (S.13), Special Metropolitan Magistrate (S.18), Public Prosecutor (S.24) = IV, III, II, I.

98

When the accused is aggrieved by the report of the Psychologist as to his unsoundness of mind, he may appeal to

  • aMagistrate hearing the case
  • bHigh Court
  • cMedical Board
  • dSession Court
Answer & solution

Correct answer: C

Under the proviso to Sections 328/329 CrPC (2009 amendment), an accused aggrieved by the psychologist's/psychiatrist's report on his unsoundness of mind may appeal to the Medical Board.

99

Which of the following is not correctly matched?

  • aTrial by High Court-Section 473 of CrPC.
  • bPower of High Court to make rules Section 477 of Cr. P.C.
  • cAppeal in case of acquittal-Section 378 of Cr. P.C.
  • dResumption of inquiry or trial-Section 331 of Cr.P.C.
Answer & solution

Correct answer: A

Section 473 CrPC deals with extension of period of limitation, not 'Trial by High Court'; hence (a) is the incorrectly matched pair. (Appeal in acquittal=378 and HC rule-making power are correctly matched.)

100

Which Provision of the Cr.P.C. resembles Habeas Corpus Writ?

  • aSection 91
  • bSection 93
  • cSection 97
  • dSection 9
Answer & solution

Correct answer: C

Section 97 CrPC (search for persons wrongfully confined) resembles the writ of habeas corpus, enabling production of a person illegally detained.

101

Which one of the following is correctly matched?

  • aSection 44 Cr.P.C. - When police may arrest
  • bSection 42 Cr.P.C. - Arrest on refusal to give name and residence
  • cSection 41 Cr.P.C.-Arrest by Magistrate
  • dSection 43 Cr.P.C. -Arrest how made
Answer & solution

Correct answer: B

CrPC: S.41=arrest by police w/o warrant, S.42=arrest on refusal to give name/residence, S.43=arrest by private person, S.44=arrest by Magistrate. Only (b) is correctly matched.

102

Who is given protection from arrest under Section 45 of the Code of Criminal Procedure, 1973?

  • aPresident of India
  • bMembers of armed forces
  • cJudicial Officers
  • dMembers of Parliament
Answer & solution

Correct answer: B

Section 45 CrPC grants protection from arrest to members of the Armed Forces for acts done in discharge of official duty (save with Central Govt consent).

103

Match list- with the list-II and select the correct answer using the code given below the lists List - I Duty to register FIR Laches in investigation Faulty investigation Delay in examination of witnesses List - II Rajinder Singh Katoch Administration and others vs. Chandigarh Krishnegowda vs. State of Karnataka Saidu Mohammed vs. State of Kerala Surjit Sarkar vs. State of West Bengal Code:

  • a(A)-1,(B)-2,(C)-3,(D)-4
  • b(A)-2,(B)-1,(C)-3,(D)-4
  • c(A)-4,(B)-3,(C)-1,(D)-2
  • d(A)-3,(B)-1,(C)-2,(D)-4
Answer & solution

Correct answer: A

Duty to register FIR = Rajinder Singh Katoch v. Chandigarh Admn. (1); Laches in investigation = Krishnegowda v. Karnataka (2); Faulty investigation = Saidu Mohammed v. Kerala (3); Delay in examination of witnesses = Surajit Sarkar v. West Bengal (4). Hence A-1,B-2,C-3,D-4.

104

A Session Judge, under Section 9(2) of Cr.P.C. is appointed by the

  • aDistrict Magistrate
  • bState Government
  • cHigh Court
  • dNone of the above
Answer & solution

Correct answer: C

Under Section 9(2) CrPC the Sessions Judge is appointed by the High Court.

105

Match list-I with list-ll and select the correct answer using the code given below the lists List - I Anticipatory Bail Cognizance on complaint Language of Court Security of good behaviour from habitual offender List - II Section 272 Cr.P.C. Section 110 Cr.P.C. Section 438 Cr.P.C. Section 190 Cr.P.C. Code:

  • a(A)-2,(B)-4,(C)-1,(D)-3
  • b(A)-1,(B)-3,(C)-4,(D)-2
  • c(A)-4,(B)-2,(C)-3,(D)-1
  • d(A)-3,(B)-4,(C)-1,(D)-2
Answer & solution

Correct answer: D

Anticipatory Bail=S.438(3), Cognizance on complaint=S.190(4), Language of Court=S.272(1), Security for good behaviour from habitual offender=S.110(2). Hence A-3,B-4,C-1,D-2.

106

Permission to investigate into a non-cognizable offence can be granted by

  • aMagistrate first class in any part of India
  • bMagistrate in any part of State
  • cMagistrate having Jurisdiction to try the offence
  • dSession Judge
Answer & solution

Correct answer: C

Under S.155(2) CrPC, a non-cognizable offence may be investigated only with the order of a Magistrate having power to try the case or commit it for trial.

107

Match list-1 with list-ll and select the correct answer from the code given below the lists List - I Equal Justice and Free Legal Aid Constitution of Parliament Separation of Judiciary from Executive Fundamental Duties List - II Article 50 Article 51A Article 39A Article 79 Code: Equal Justice and Free Legal Aid - Article 39A Constitution of Parliament - Article 79 Separation of Judiciary from Executive - Article 50 Fundamental Duties - Article 51A

  • a(A)-1,(B)-2,(C)-3,(D)-4
  • b(A)-2,(B)-3,(C)-4,(D)-1
  • c(A)-3,(B)-4,(C)-1,(D)-2
  • d(A)-1,(B)-4,(C)-2,(D)-3
Answer & solution

Correct answer: C

Equal Justice & Free Legal Aid=Art 39A(3), Constitution of Parliament=Art 79(4), Separation of Judiciary from Executive=Art 50(1), Fundamental Duties=Art 51A(2). Hence A-3,B-4,C-1,D-2.

108

Which Article of Constitution provides for establishment of 'Goods and Services Tax Council?

  • aArticle 269A
  • bArticle 270
  • cArticle 279A
  • dArticle 279
Answer & solution

Correct answer: C

Article 279A (inserted by 101st Amendment) provides for the Goods and Services Tax Council.

109

Assertion (A): Right TO Education is a Fundamental Right. Reason (R): Our Constitution has no provision for education before making Right to Education as Fundamental Right. Select the correct answer

  • aBoth (A) and (R) are true and (R) is the correct explanation of (A)
  • bBoth (A) and (R) are true but (R) is not a correct explanation of (A)
  • c(A) is true but (R) is false
  • d(A) is false but (R) is true
Answer & solution

Correct answer: C

RTE is a Fundamental Right (Art 21A). But R is false: the Constitution always had education provisions (Arts 41, 45, 46 DPSP) before 86th Amendment. A true, R false.

110

By the Constitution 103rd Amendment Act, 2019, which one of the following Clause was added to Article 16 of the Constitution of India?

  • aArticle 16 (4-8)
  • bArticle 16 (5)
  • cArticle 16 (6)
  • dArticle 16 (7)
Answer & solution

Correct answer: C

The Constitution (103rd Amendment) Act, 2019 inserted clause (6) into Article 16 providing EWS reservation in appointments.

111

Match list-I with list-lI and select the correct answer using the code given below the lists List - I Right against Exploitation Equal justice and free legal aid Power of President to grant pardon Seat of Supreme Court List - II Article 39A Article 130 Article 23-24 Article 72 Code:

  • a(A)-1, (B)-2, (C)-3, (D)-4
  • b(A)-3, (B)-1, (C)-4, (D)-2
  • c(A)-2, (B)-3, (C)-1, (D)-4
  • d(A)-4, (B)-1, (C)-2, (D)-3
Answer & solution

Correct answer: B

Right against Exploitation=Art 23-24(3), Equal justice & free legal aid=Art 39A(1), President's pardon power=Art 72(4), Seat of Supreme Court=Art 130(2). Hence A-3,B-1,C-4,D-2.

112

Under which one of the following Articles of the Constitution of India, the Supreme Court has power to review its own decisions?

  • aArticle 136
  • bArticle 135
  • cArticle 137
  • dArticle 138
Answer & solution

Correct answer: C

Article 137 empowers the Supreme Court to review its own judgments/orders.

113

Match list-l with ist-ll and select the correct answer using the code given below the lists List-I Article 43 Article 42 Article 44 Article 50 List-II Separation of Judiciary from Executive Living wage, etc., for workers Provision for just and humane conditions of work and maternity relief Uniform Civil Code Code:

  • a(A)-1,(B)-2,(C)4, (D)-3
  • b(A)-2,(B)-3,(C)-4, (D)-1
  • c(A)-2,(B)-4,(C)-1, (D)-3
  • d(A)-3,(B)-4,(C)-1, (D)-2
Answer & solution

Correct answer: B

Art 43=Living wage etc. for workers(2), Art 42=just & humane conditions of work and maternity relief(3), Art 44=Uniform Civil Code(4), Art 50=Separation of Judiciary from Executive(1). Hence A-2,B-3,C-4,D-1.

114

In case of death of the President while in office, the Vice President can act as President for a maximum period of

  • a1 year
  • b3 months
  • c2 years
  • d6 months
Answer & solution

Correct answer: D

On a vacancy by death/resignation/removal, the Vice-President acting as President can do so for a maximum of 6 months, within which a new President must be elected (Art 62).

115

Which of the following pair is not correctly matched?

  • aShort title of Constitution-Article 1
  • bOfficial language of State Article 345
  • cAdvocate General for the State Article 165
  • dConstitution of Parliament-Article 79
Answer & solution

Correct answer: A

Article 1 deals with 'Name and territory of the Union', not 'Short title of Constitution' (the Constitution has no short-title article). Hence (a) is not correctly matched.

116

Match list- I with list-lI and select the correct answer using the code given below the lists List-I Distribution of Legislative power Organisation of Village Panchayats Extent of executive power of the Union Parliamentary privileges List-II Article 40 Article 73 Article 245-255 Article 105 Code:

  • a(A)-3,(B)-1,(C)-2,(D)4
  • b(A)-4,(B)-1,(C)-2,(D)-3
  • c(A)-3,(B)-4,(C)-2, (D)-1
  • d(A)-1,(B)-2,(C)-3,(D)-4
Answer & solution

Correct answer: A

Distribution of Legislative power=Arts 245-255(3), Organisation of Village Panchayats=Art 40(1), Extent of executive power of Union=Art 73(2), Parliamentary privileges=Art 105(4). Hence A-3,B-1,C-2,D-4.

117

In which case the Supreme Court says that, 'Ownership is pre-eminently a right'?

  • aP.T. Municchikkanna Reddy vs. Revamma
  • bB.Gangadhar vs. B.C. Rajalingam
  • cBishamber Dayal Chandra Mohan vs. State of U.P
  • dNone of the above
Answer & solution

Correct answer: A

In P.T. Munichikkanna Reddy v. Revamma (2007) 6 SCC 59, the Supreme Court, discussing adverse possession, observed that ownership is pre-eminently a right of the owner protected against intrusion.

118

Assertion (A): Custom to have the force of law may not continuously be enjoyed. Reason (R): Custom represents consciousness of people, Select the correct answer

  • aBoth (A) and (R) are true and (R) is the correct explanation of (A)
  • bBoth (A) and (R) true but (R) is not a correct explanation of (A)
  • c(A) is true but (R) is false
  • d(A) is false but (R) is true
Answer & solution

Correct answer: D

For a custom to have force of law it MUST be continuously enjoyed, so A is false. R (custom represents the consciousness of the people) is true. Hence A false, R true.

119

The greatest happiness for greatest number is

  • aUtilitarian Concept
  • bRealist Concept
  • cPositivist Concept
  • dAnalyst Concept
Answer & solution

Correct answer: A

'The greatest happiness of the greatest number' is the core of Bentham's Utilitarian theory.

120

Match list-I and list-ll and select the correct answer using the code given below the lists List-I Purpose Theory Will Theory Fiction Theory Realist Theory List-II Salmond Gierke Ihering Austin Code:

  • a(A)-4, (B)-3, (C)-1, (D)-2
  • b(A)-4, (B)-3, (C)-2, (D)-1
  • c(A)-3, (B)4, (C)-1, (D)-2
  • d(A)-3, (B)-4, (C)-2, (D)-1
Answer & solution

Correct answer: C

Of corporate personality theories: Purpose Theory=Ihering(3), Will Theory=Austin(4), Fiction Theory=Salmond(1), Realist Theory=Gierke(2). Hence A-3,B-4,C-1,D-2.

121

Which of the following is an exception to the maxim Ubi jus ibi remedium?

  • aPerfect right
  • bImperfect right
  • cPositive right
  • dNegative right
Answer & solution

Correct answer: B

An imperfect right (e.g., a time-barred debt) is recognised but not enforceable, forming an exception to 'ubi jus ibi remedium'.

122

Which of the following is not correctly matched?

  • aLaw, Liberty and Morality-Fuller
  • bSocial Control through Law- Roscoe Pound
  • cLevers of social motion-Ihering
  • dLeviathan-Hobbes
Answer & solution

Correct answer: A

'Law, Liberty and Morality' was authored by H.L.A. Hart, not Fuller. Hence (a) is not correctly matched.

123

The concept of Living Law' was expounded by which Jurist?

  • aIhering
  • bDuguit
  • cEhrlich
  • dRoscoe Pound
Answer & solution

Correct answer: C

The concept of 'Living Law' (Lebendes Recht) was expounded by Eugen Ehrlich, founder of the sociology of law.

124

Match list-I with list-ll and select the correct answer using the code given below the list List-I Principal deposits his goods with an agent Buyer purchases books from the shopkeeper Owner wearing his watch Authors copyright in his work List-II Immediate Possession Mediate Possession Incorporeal Possession Corporeal Possession Code:

  • a(A)-2,(B)-1,(C)-4,(D)-3
  • b(A)-1,(B)-2,(C)-4,(D)-3
  • c(A)-2,(B)-4,(C)-3,(D)-1
  • d(A)-2,(B)-1,(C)-3,(D)-4
Answer & solution

Correct answer: A

Principal deposits goods with agent=Mediate Possession(2); Buyer purchases books from shopkeeper=Immediate Possession(1); Owner wearing his watch=Corporeal Possession(4); Author's copyright=Incorporeal Possession(3). Hence A-2,B-1,C-4,D-3.

125

Who among the following said that witnesses are eyes and ears of justice?

  • aHolland
  • bBentham
  • cKelsen
  • dFuller
Answer & solution

Correct answer: B

Jeremy Bentham stated that 'witnesses are the eyes and ears of justice.'

126

"Jurisprudence is the scientific synthesis of the essential principle of Law." This statement is of

  • aProf. Allen
  • bH.LA. Hart
  • cE.W. Patterson
  • dKeeton
Answer & solution

Correct answer: C

The definition "Jurisprudence is the scientific synthesis of the essential principles of law" is attributed to E.W. Patterson (in his work 'Jurisprudence: Men and Ideas of the Law').

127

Given below are two statements, one is labelled as Assertion (A) and other as Reason (R). Assertion (A): International Court of Justice has power to decide cases on the basis of equity. Reason (R): Equity is one of the general Principle of Law recognised by civilized nations. Select the correct answer using the code given below : Code:

  • aBoth (A) and (R) are true and (R) is the correct explanation of (A)
  • bBoth (A) and (R) are true but (R) is not the correct explanation of (A)
  • c(A) is true, but (R) is false
  • d(A) is false, but (R) is true
Answer & solution

Correct answer: A

Art. 38(1) of the ICJ Statute lets the Court decide ex aequo et bono (equity) if parties agree, and lists 'general principles of law recognized by civilized nations' as a source; equity flows from these, so R correctly explains A.

128

Under which Article of the U.N. Charter, the members of the United Nations have agreed to abide by the decisions of the Security Council?

  • aArticle 25
  • bArticle 26
  • cArticle 27
  • dArticle 28
Answer & solution

Correct answer: A

Article 25 of the UN Charter: members agree to accept and carry out the decisions of the Security Council.

129

Match list-l with list-ll and select the correct answer using the code given below the lists List-I International Day of Education World Environment Day World Teachers Day International Mother language List-II 24 January 05 October 21 February 05 June Code:

  • a(A)-1,(B)-2,(C)-3,(D)-4
  • b(A)-1,(B)-4,(C-2,(D)-3
  • c(A)-2,(B)-1,(C)-4,(D)-3
  • d(A)-3,(B)-2,(C)-1,(D)-4
Answer & solution

Correct answer: B

International Day of Education = 24 Jan; World Environment Day = 5 June; World Teachers' Day = 5 Oct; International Mother Language Day = 21 Feb. Matching A-1(24 Jan), B-4(5 June), C-2(5 Oct), D-3(21 Feb).

130

What was the theme of World Human Right Day 2021?

  • aWoman Right are Human Rights
  • bRecovers better -Standup for Human Rights
  • cLet's standup for equality, justice and human dignity
  • dEquality -Reducing inequalities, advancing Human Rights
Answer & solution

Correct answer: D

The UN theme for Human Rights Day 2021 was 'EQUALITY - Reducing inequalities, advancing human rights'.

131

Which Article of the Universal Declaration of Human Rights, 1948, grant Right to life, liberty and security of person?

  • aArticle 1
  • bArticle 2
  • cArticle 3
  • dArticle 4
Answer & solution

Correct answer: C

Article 3 of the UDHR, 1948: 'Everyone has the right to life, liberty and security of person.'

132

Given below are two statements, one is labelled as Assertion (A) and other as Reason (R) Assertion (A): United Nations Charter does not authorise United Nations to intervene in matters which are essentially within the domestic jurisdiction of any State. Reason (R): This principle shall not prejudice the of enforcement application measures under chapter VIl of the U.N. Charter. Select the correct answer using the code given below

  • aBoth (A) and (R) are true and (R) is the correct explanation of (A)
  • bBoth (A) and (R) are true but (R) is not the correct explanation of (A)
  • c(A) is true but (R) is false
  • d(A) is false but (R) is true
Answer & solution

Correct answer: A

Article 2(7) UN Charter bars intervention in matters essentially within domestic jurisdiction, with an express proviso that the principle shall not prejudice enforcement measures under Chapter VII; R is that very proviso, so it correctly explains A.

133

Russian invasion on Ukraine violates which Article of the U.N. Charter?

  • aArticle 1 (4)
  • bArticle 2 (4)
  • cArticle 3
  • dArticle 4 (2)
Answer & solution

Correct answer: B

Article 2(4) of the UN Charter prohibits the threat or use of force against the territorial integrity or political independence of any state; the Russian invasion of Ukraine violates it.

134

QUAD (Quadrilateral Security Dialogue) Summit, 2022 was held at which place?

  • aJapan
  • bAustralia
  • cGermany
  • dIndia
Answer & solution

Correct answer: A

The Quad Leaders' Summit 2022 was held on 24 May 2022 in Tokyo, Japan.

135

In November 2021, which of the following has launched a new Journal 'Solar Compass' to enhance research on the use of Solar Power?

  • aUnited Nations Environment Programme
  • bGlobal Green Growth Institute
  • cInternational Solar Alliance
  • dEuro-solar
Answer & solution

Correct answer: C

The International Solar Alliance (with Elsevier) launched the open-access journal 'Solar Compass' at COP26 in November 2021.

136

Who can request the International Court of Justice to give advisory opinion on any legal question?

  • aThe General Assembly of United Nations
  • bThe highest Courtot Justice of any Nation
  • cAny permanent member of the Security Council’
  • dAny member of United Nations
Answer & solution

Correct answer: A

Under Article 96 of the UN Charter, the General Assembly (and the Security Council) may request the ICJ to give an advisory opinion on any legal question.

137

Assertion (A): international Organizations play a very important role in maintaining peace Reason (R): Countries have conflicts and differences with each other. Select the correct answer

  • aBoth (A) and (R) are true and (R) is the correct explanation of (A)
  • bBoth (A) and (R) are true but (R) is not the correct explanation of (A)
  • c(A) is true but (R) is false
  • d(A) is false but (R) is true
Answer & solution

Correct answer: A

Both statements are true and R explains A: because countries have conflicts/differences (R), international organizations play an important role in maintaining peace (A).

138

Which of the following executes the decision of International Court of Justice?

  • aMilitary Staff Committee
  • bGeneral Assembly
  • cInternational Court of Justice itself
  • dSecurity Council
Answer & solution

Correct answer: D

Under Article 94(2) of the UN Charter, the Security Council may take measures to give effect to (execute) a judgment of the ICJ.

139

Match list-I with list-ll and give correct answer by using the code given below the lists List-I Composition of General Assembly Composition of Security Council Composition of Economic and Social Council Composition of Trusteeship Council List-II Article 9 Article 61 Article 86 Article 23 Code:

  • a(A)-1,(B)-2,(C)-3,(D)-4
  • b(A)-1,(B)-4,(C)-2,(D)-3
  • c(A)-2,(B)-3,(C)-4,(D)-1
  • d(A)-3,(B)-2,(C)-4,(D)-1
Answer & solution

Correct answer: B

Composition of General Assembly = Art. 9; Security Council = Art. 23; ECOSOC = Art. 61; Trusteeship Council = Art. 86. Thus A-1(Art.9), B-4(Art.23), C-2(Art.61), D-3(Art.86).

140

The Headquarter of the World Intellectual Property Organization is located in

  • aParis
  • bMadrid
  • cNew York
  • dGeneva
Answer & solution

Correct answer: D

The headquarters of the World Intellectual Property Organization (WIPO) is in Geneva, Switzerland.

141

Which one of the following pairs is correctly matched?

  • aApartheid Treating all the people as equals
  • bArticle 38 of the Statute of International Court of Justice Sources of International Law
  • cNumber of Judges in International Court of Justice is 20
  • dThe Seat of International Court of Justice Paris
Answer & solution

Correct answer: B

Article 38 of the ICJ Statute enumerates the sources of international law; this is the only correctly matched pair (apartheid means racial segregation not equality, ICJ has 15 judges, and its seat is The Hague).

142

Which Article of U.N. Charter provides for the expulsion of the member state? Article 4 Article 5

  • aArticle 6
  • bArticle 7
  • cMatch list-I with list-ll and give correct answer by using the code given below the lists
  • dList-I
Answer & solution

Correct answer: A

Article 6 of the UN Charter provides for the expulsion of a member state that persistently violates the Charter's principles.

143

Article 2(7) U.N. Charter Article 4(2) U.N. Charter Article 33 U.N. Charter Article 36(3) U.N. Charter List-II Admission of a State into U.N. Pacific settlement of disputes Legal disputes to be submitted to International Court of Justice Domestic Jurisdiction Clause Code:

  • a(A)-3,(B)-2,(C)-1,(D)-4
  • b(A)-4,(B)-1,(C)-2,(D)-3
  • c(A)-3,(B)-1,(C)-2,(D)-4
  • d(A)-4,(B)-2,(C)-1,(D)-3
Answer & solution

Correct answer: D

Art. 2(7) = Domestic Jurisdiction Clause (4); Art. 4(2) = Admission of a State into UN (1); Art. 33 = Pacific settlement of disputes (2); Art. 36(3) = legal disputes referred to ICJ (3). Hence A-4, B-1, C-2, D-3.

144

The concept of "Double Veto' has been provisioned under which of the following Article of U.N. Charter?

  • aArticle 24
  • bArticle 27
  • cArticle 28
  • dArticle 29
Answer & solution

Correct answer: B

The 'double veto' arises under Article 27 of the UN Charter, which governs Security Council voting (procedural vs non-procedural questions).

145

The official language of International Court of justice is

  • aFrench and English
  • bEnglish and Chinese
  • cEnglish and German
  • dEnglish and Russian
Answer & solution

Correct answer: A

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

146

Match list-l with list-lI and select the correct answer by using the code given below the lists List-I UNESCO I.LO. I..M.F. I.C.J List-II Geneva U.SA. Netherland Paris Code:

  • a(A)-1, (B)-2,(C)-3, (D)-4
  • b(A)-4, (8)-1,(C)-2,(D)-3
  • c(A)-2, (B)-3,(C)-1, (D)-4
  • d(A)-1, (B)-4,(C)-2, (D)-3
Answer & solution

Correct answer: B

UNESCO - Paris; ILO - Geneva; IMF - USA (Washington); ICJ - Netherlands (The Hague). With List-II order Geneva(1),USA(2),Netherland(3),Paris(4): UNESCO-4, ILO-1, IMF-2, ICJ-3.

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