Model Test Paper for Law Officer Legal Officer Jobs in Various PSU Companies in India
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Download Model Test Paper for Law Officer Legal Officer Jobs in Various PSU Companies in India...
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Model test paper for law officer legal officer Jobs in various PSU Companies in India Model test paper for law officer legal officer Jobs in various PSU Companies in India Sample test paper for Officer Grade-A Legal Stream Assistant Manager/ Legal jobs Assistant Law Officer Law Assistant 1. Which of the following scholars considers international law as true law? (a) Grotius (b) Hobbes (c) Holland (d) Austin Ans. (a) 2. Consider the following statements: 1. Emergence of a large number of States has not only made ‗Euro centrism‘ in thinking about International law as anachronistic but also brought qualitative changes in the basic norms and principles of international law. 2. Austin‘s view was that International law is not a true law but only positive international morality and is not in consonance with the present day reality. 3. There is no majority rule among the family of nations. Which of the statements given above are correct? (a) 1 and 2 (b) 2 and 3 (c) 1 and3 (d) 1, 2and3 Ans. (a) 3. ―International law governs relations between independent states. The rule of law binding upon states, therefore, emanates from their own free will as expressed in conventions or usages (to which they are a party). Restrictions upon the independe4ce of states cannot therefore, be presumed‖ This view is expressed in which one of the following cases? (a) Chorzow Factory case (b) Youman‘s case (c) S. S. Lotus case (d) I‘m Alone case Ans. (a) 4. Consider the following statements: International law is that body of law which states feel themselves bound to observe and includes the rules of law relating to the international institutions and their relations with states and individuals, and also certain rules of law relating to individuals and non-state entities. Accordingly, 1. States and individuals are the subjects of International law. 2. States alone are subjects of International law. 3. International institutions and other non-state entities are also the subjects of International law.
Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) 2 and 3 (d) 1 and 3 Ans. (d) 5. Match List-I with List-II and select the correct answer by using the codes given below the lists: List-I List -II (Principle/Decision) (Case) A. There may be an existing customary law between 1. North Sea Continental Shelf Case just two nations B. A treaty may create customary law between 2. The Asylum Case nations but not between a party to a treaty C. Non-ratification by Peru of the Montevideo 3. The Right of Passage over Indian Convention shows that Peru was not a party of Territory Case the alleged Latin-American custom Codes: ABC (a) 1 3 2 (b) 2 1 3 (c) 3 1 2 (d) 2 3 1 Ans. (d) 6. Which of the following statements is correct? The Secretary General of the United Nations (a) is appointed by the General Assembly upon the recommendation of the Security Council for a fiveyear, renewable term (b) is appointed by the Security Council upon the recommendation of the General Assembly for a- five year, renewable term (c) is appointed by the General Assembly upon the recommendation of the Security Council for a fouryear, renewable term (d) is appointed by the Security Council upon the recommendation of the General Assembly for a fouryear, renewable term Ans. (c) 7. Which one of the following statements is correct? Opinio juris sine necessitatis meatis (a) jurist‘s opinion regarding existence of a long practice is a necessary requirement for a valid custom (b) the practice is recognized as obligatory and there is a conviction that its repetition is the result of a compulsory rule (c) jurist‘s opinion is that states are required necessarily to follow the practice (d) the alleged practice must be proved by satisfactory evidence before juristic tribunals Ans. (b) 8. Match List-I with List-IT and select the correct answer by using the codes given below the lists: List-I List-II (Case) (Court) A. The Paquette Habana and Lola Case 1. The International Court of Justice B. The S. S. Lotus Case 2. The U.S. Supreme Court C. The Island of Palmas Case 3. The Permanent Court of International Justice Arbitration
D. The Asylum Case 4. The Permanent Court of International (Haya Dela Torres Case) Arbitration Codes: ABCD (a) 4 1 2 3 (b) 2 3 4 1 (c) 4 3 2 1 (d) 2 1 4 3 Ans. (b) 9. Consider the following statements: 1. A treaty rule can become custom and a customary rule can lead to a treaty. 2. A treaty to become customary law for non-party states should create mandatory norms for party states. 3. A treaty cannot create customary law for nations who have refrained from ratifying it. Which of the statements given above is/are correct? (a) 1 only (b) 2 and 3 (c) 1 and 2 (d) 1,2 and 3 Ans. (d) 10. consider the following human rights, recognized under the International covenant on Economic, Social and Cultural Rights: 1. People‘s right of self-determination and right to freely determine their political status. 2. People‘s right to freely dispose off their natural wealth and resources. 3. People‘s right to freely pursue their economic, social and cultural development. Which of these rights have found place in the International covenant on civil and Political Rights also? (a) 1, 2 and 3 (b) 1 and 2 (c) l and 3 (d) 2 and 3 Ans. (c) 11.consider the following statements 1. The 10 non-permanent members of the UN Security Council are elected for a 3-year term by a twothird majority of the General Assembly. 2. The Security Council has the primary responsibility under the UN Charter for the maintenance of international judges in peace and security. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Ans. (b) 12. Match List-I with List-II and select the coned answer by using the codes given below the lists: List-I List-II (Subject Matter) (Case) A. Compensation for mining and supporting 1. The Gulf of Maine Case contra guerillas in breach of International law (Canada Vs USA) B. Existence of a local or particular custom 2. The Nicaragua Case between two states (Nicaragua Vs USA)
C. Delimitation of continental shelf between 3. The Corfu Channel Case two states (UK Vs Albania) D. Right of innocent passage and duties of 4. The Bight of Pas over Indian coastal states Territory Case (Portugal Vs India) Codes: ABCD (a) 1 4 2 3 (b) 2 3 1 4 (c) 1 3 2 4 (d) 2 4 1 3 Ans. (d) 13. Consider the following statements: 1. Judges of the International Court of Justice are elected both by the General Assembly and the Security Council. 2. The total number of judges in International Court of Justice is seventeen. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Ans. (a) 14. Consider the following sources of International law: 1. Judicial decisions 2. Customs 3. General Principles of Law recognized by civilized nations 4. Conventions Which one of the following is the correct order in which they are mentioned in the ICJ Statute? (a) 4-1-3-2 (b) 3-2-4-1 (c) 4-2-3-1 (d) 3-1-4-2 Ans. (c) 15. Consider the following big powers in the Security Council: 1. U .S. A. 2. U. K 3. France 4. The People‘s Republic of China Which of these big powers have withdrawn/terminated their declarations, accepting the compulsory jurisdiction of the International Court of Justice? (a) l and 2 (b)1, 3 and 4 (c) 2 and 3 (d) 1, 2, 3 and 4 Ans. (b) 16. Consider the following statements 1. There is no bar to two members of the ICJ being nationals of the same state. 2. The statute of the ICJ emphasizes on maintaining the independence of judges who are to be elected ―regardless of their nationality‖.
Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Ans. (b) 17. Which of the following are among the 6 main committees of the UN General Assembly? 1. Legal Committee 2. Disarmament and International Security Committee 3. Administrative and Budgetary Committee 4. Social, Humanitarian and Cultural Committee Select the correct answer by using the codes given below: (a) 1, 2 and 3 (b) 2, 3 and 4 (c) l and 4 (d)1, 2, 3 and 4 Ans. (d) 18. Consider the following statements in respect of International law: For recognition of belligerency, 1. hostilities must be general 2. rebels must have organized force 3. rebels should be having control over substantial part of national territory. Which of the statements given above are correct? (a) 1 and 2 (b) 2 and 3 (c) 1 and 3 (d) 1, 2 and 3 Ans. (b) 19. Match List-I with List-II and select the correct answer by using the codes given below the lists: List-I List-II (Doctrine) (Effect) A. Estrada doctrine 1. Relates to non-recognition B. Retroactivity doctrine 2. Recognition validates the acts of a government from the date of its inception C. Stimson doctrine 3. Relates to establishment of diplomatic relations on change of government through revolution Codes: ABC (a) 1 2 3 (b) 3 2 1 (c) 3 1 2 (d) 1 3 2 Ans. (b) 20. Consider the following statements 1. The bulk of state practice supports the evidentiary theory of recognition. 2 International law recognizes duty oil the part of existing states to give recognition to new states. Which of the statements given above is/are correct? (a) 1 only (b) 2 only
(c) Both 1 and 2 (d) Neither 1 nor 2 Ans. (a) 21. Consider the following statements: The acknowledgement of a judicial fact that there exists a state of hostilities between two factions contending for power or authority may give rise to 1. recognition of insurgency 2. recognition of belligerency 3. retroactive effect. Which of the statements given above is/are correct? (a) l and 2 (b) 2 and 3 (c) 2 only (d) 1 only Ans. (d) 22. Consider the following statements: 1. Political treaties do not succeed 2. Dispositive treaties succeed 3. Claims to un-liquidated damages succeed Which of the statements given above is/are correct? (a) 1 and 2 (b) 2 only (c) 3 only (d)1 and3 Ans. (c) 23. Consider the following statements: 1. There cannot be exchange of diplomatic representatives without the presumption that the foreign state exists independently. 2. De jure recognition once given cannot be withdrawn. Which of the statements given above is/are correct? (a) l only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Ans: (c) 24. Match List-I with List-II and select the correct answer by using the codes given below the lists: List – I List -II (Principle) (Case) A. Principle of prescription 1. Maverommatis Palestine Concessions Case B. Principle of res judicata 2. The UN Administrative Tribunal Case C. Principle of estoppel 3. Eastern Greenland Case D. Principle of Subrogation 4. Temple of Preah Vihar Case Codes: ABCD (a) 1 4 2 3 (b) 3 2 4 1 (c) 1 2 4 3 (d) 3 4 2 1 Ans. (b)
25. Consider the following statements about General Principles of Law recognized by civilized nations: 1. This has been recognized in a most authoritative international instrument as a source of International law. 2. It means the general principles of International law which have been recognized by civilized states: 3. It has been increasingly used especially in those cases where no law is applicable on a particular point. Which of the statements given above are correct? (a) 1, 2 and 3 (b) 1 and 2 (c) 1 and 3 (d) 2 and 3 Ans. (c) 26. Assertion (A) Savigny is universally recognized as the founder of historical School of Jurisprudence. Reason (R) : Savigny emphasized on history as an important factor for study of law Codes: (a) Both A and Rare individually true and R is the correct explanation of A (b) Both A and R are individually 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 Ans. (a) 27. Consider the following statements: 1. Where there is a right, there is remedy 2. Rights and duties go side by side. 3. State is always able to enforce all the rights. Which of the statements given above are correct? (a) 1, 2 and 3 (b) 1 and 2 (c) l and 3 (d) 2 and 3 Ans. (b) 28. Consider the following statements: 1. Since duties do not describe, but only prescribe behaviour, it follows hat they fail to express notional patterns of conduct to which people ought to conform. 2. A duty can be created with reference to past conduct, in which case it represents a notional pattern of conduct as to how people ought to have behaved. Which of-the statements given above is/are correct? (a) l only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Ans. (c) 29. consider the following statements: 1. Moral rules are nor changed by deliberate single acts, while legal rules can be so changed. 2. Moral pressure is applied mainly through appeal to the morality of the conduct, not by coercion as with legal rules. Which of the statements (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Ans. (c)
30. There is a school of jurisprudence which attempts to identify purpose of law and the measures andma in which they are fulfilled. What is this approach known as? (a) Realist School (b) Sociological School (c) Analytical School (d) Philosophical School Ans. (c) 31. Which one of the following concepts does not belong to sociological school of jurisprudence? (a) Public interest (b) Social interest (c) Command (d) Jural Postulate Ans. (c) 32. Consider the. following statements with reference to the philosophical school of jurisprudence: 1. There is inter-relationship between law and morality. 2. The main exponents of this school of jurisprudence were Hugo Grotius, Immanuel Kant and Schelling. 3. The law has nothing to do with ethics. Which of the statements given above are correct? (a) l, 2 and 3 (b) 1 and 2 (c) 2 and 3 (d) 1 and 3 Ans. (b) 33. The concept of ―Rule of Law‖ in India and England, and ―Due Process‖ in USA are essentially based on which one of the following? (a) Positive law philosophy (b) Realist approach (c) Natural law philosophy (d) Social solidarity doctrine Ans. (c) 34. consider the following statements: 1. The concept of natural law is ambiguous because the concept of nature is ambiguous. 2. Natural law means law made by ancient societies by way of custom. 3. Medieval and modem notions of natural law have little in common. Which of the Statements given above is/are correct? (a) 1 only (b) 2 only (c) 3 only (d) 1 and 3 Ans. (c) 35. consider the following statements: The Criminal justice system is based on the premise 1. that punishment keeps people under control. 2. of inherent power of the state. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2
(d) Neither 1 nor 2 Ans. (b) 36. Keeton divided ‗sources of law‘ into which two heads? (a) Binding and persuasive (b) Custom and legislation (c) Legislation and judicial precedents (d) Custom and equity Ans. (a) 37. consider the following statements : 1. A custom to be legally accepted should not infringe fundamental rules of law. 2. With the development communication, the scope gradually shrunk. 3. In the modem times, custom has ceased to be a source of law. Which of the statements given above is/are correct? (a) 1 and 2 (b) l and 3 (c) 1 only (d) 2 only Ans. (c) 38. Which one of the following statements is correct in respect of legislation? (a) Legislation is difficult to trace (b) Legislation as source of law is much older than the customary law (c) Legislation is complete, precise in written form and easily accessible (d) Legislation grows out of practice and long existence Ans. (c) 39. Match List-I with List-II and select the correct answer by using the codes given below the lists: List-I List-II (Content of Duties) (Type of Duty) A. Duty to pay off debt 1. Positive legal duty B. Duties owed to state, breach of which is a crime 2. Absolute duty C. Duties owed to person, breach of which is a civil injury 3. Relative duty D. Duty to pay damage for injury done 4. Secondary duty Codes: ABCD (a) 1 2 3 4 (b) 3 4 1 2 (c) 1 4 3 2 (d) 3 2 1 4 Ans. (d) 40. Consider the following statements: Article 20 of the Constitution of India provides that 1. no person shall be prosecuted and punished for the same offence more than once. 2. no person accused of any offence shall be compelled to be a witness against himself. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both land 2 (d) Neither 1 nor 2 Ans. (c)
41. Under Article 22 (4) of the Constitution of India, with the exception of certain provisions stated therein, what is the maximum period for detention of a person under preventive detention? (a) 2 months (b) 3 months (c) 4 months (d) 6 months Ans. (b) 42. 93rd amendment in the Constitution of India deals with: (a) Right to education (b) Right in respect of physically handicapped persons for appointments in the services under the state (c) Reservation for admission in educational institutions (d) Reservation in the matters of promotion in the services under the state in favour of the other backward classes. Ans. (c) 43. Which one of the following statements about the meaning of ―Eminent Domain‖, under the Constitution of India, is correct? (a) Power of the state for requisition (b) Sovereign power of the state to acquire private property of an individual for public purpose (c) Sovereign power of the !state to acquire private property of an individual for public purpose after paying compensation (d) Power of the state to arrest an individual Ans. (b) 44. For the purpose of inquiring into and advising upon inter-state dispute, if at any time, it appears to the President that the public interest would be served by the establishment of such council, he is empowered to establish which one of the following? (a) Zonal Council (b) Inter Council (c) Inter-State Zonal Council (d) The Central Inter-Zonal Council Ans. (b) 45. which one of the following functions does not require consultation with the Public Service Commissions as per provisions of the Constitution of India? (a) Methods of recruitment to civil services and civil posts (b) Principles to be followed in making appointments to civil services (c) The manner in which any provision referred to in Article 16 (4) may be made (d) Any claim for the award of a pension in respect of injuries suffered by a person while serving under the Government of India or the Government of a State in a civil capacity. Ans. (c) 46. In which of the following cases; the power of superintendence of High Courts does not extent? 1. Administrative Tribunals constituted under the Administrative Tribunals Act, 1985. 2. Tribunals created under the Army Act, 1950 3. Tribunals created for adjudication of disputes with regard to inter-state rivers. 4. Monopolies and Restrictive Trade Practices Commission. Select the correct answer by using the codes given below: (a) 1 and 2 (b) 2 and 3 (c) 4 only
(d) 1 and 4 Ans. (a) 47. Match List-I with List-II and select the correct answer by using the codes given below the lists: List –I List-II (Writ) (Matter in dispute) A. Habeas Corpus 1. Appointment of a university teacher B. Mandamus 2. Custody of a child by parents C. Quo Warranto 3. Violation of natural justice D. Certiorari 4. Refund of money illegally collected as cess by taxing authority Codes: ABCD (a) 1 3 2 4 (b) 2 4 1 3 (c) 1 4 2 3 (d) 2 3 1 4 Ans. (b) 48. Who, among the following, can establish additional courts for better administration of any existing law with respect to a matter contained in the Union List? (a) Parliament by law (b) Parliament with the consent of states (c) Union Government by resolution (d) Supreme Court of India Ans. (b) 49. In the appointment of the Judges of the Supreme Court, the recommendations of the Collegium consisting of the Chief Justice of India and four of the senior most Judges of the Supreme Court is binding on the President of India, because (a) it is so provided in Article 124 of the Constitution of India (b) it has been the consistent practice for a long time (c) it has been laid down by the Supreme Court in S.P Gupta Vs Union of India (1982) (d) it has been laid down by the Supreme Court in Advocates-on-Record Association Vs Union of India (1994). Ans. (d) 50. Match List-I with List-II and select the correct answer by using the codes given below the lists: List-I List-II (Decision) (Judicial Principle) A. Supreme Court Advocates on-record 1. Parliamentary privileges Association Vs Union of India B. In Re Vinay Chandra Mishra 2. ―Curative petition‖ C. In Re Keshav Singh 3.. Contempt power D. Pupa Ashok Hurra v. Ashok Hurra 4. Appointment and transfer of Judges of the Supreme Court and High Court Codes: ABCD (a) 1 3 4 2 (b) 4 2 1 3 (c) 1 2 4 3 (d) 4 3 1 2 Ans. (d)
Model test paper State judicial Service Test MCQ law This test is useful For Following Jobs/Exams Haryana PSC HCS Judicial Examination Madhya Pradesh Higher Judicial Service Law Officer in Corporation bank vacancy Law Officer posts in United bank of india H.P. Judicial Service (HPJS) Competitive (Preliminary) Examination 1. State the correct answer, the familiar rule ‗redeem up foreclose down‘ is a combination of provisions of— (A) Sections-89 and 91 (B) Sections-91 and 92 (C) Sections-92 and 93 (U) Sections-91 and 94 2. ‗A‘ gives Rs. 500 to ‗B‘ on condition that ‗B‘ shall marry A‘s daughter ‗C‘. On the date of transfer ‗C‘ was dead. The transfer is void under which section of Transfer of Property Act? (A) Section-25 (B) Section-26 (C) Secion-27 (D) Section-28 3. A right of future maintenance in whatsoever manner arising, secured or determined (A) Can be transferred (B) Cannot be transferred (C) Can be sold (D) Can be vested 4. A gift of future property is (A) Valid (B) Voidable (C) Void (D) Irregular 5. Within the meaning of provisions of section 67 of the Transfer of Property Act the mortgage remedies by suit are? (A) For foreclosure or for sale (B) For sale (C) For appointment of receiver (D) All are relevant 6. To which of the following sections 5 to 37 of the Transfer of Property Act, 1882 apply? (A) Transfers of movable property only (B) Transfers of Immovable property only (C) Transfers of property whether movable or immovable (D) Specific transfer and not to general principles of transfer of property
7.‗A‘ transfers Rs. 5000 to ‗B‘ on condition that he shall execute a certain lease within three months after A‘s death and if he should neglect to do so, to C. B dies in A‘s lifetime. Which section of the Transfer of Property Act, 1882 shall apply in deciding the legal right of ‗C‘? (A) Section-29 (B) Section-26 (C) Section-25 (D) Section-27 Codes: 8.Assertion (A) : Section 14 of TPA provides for the Rules against perpetuity. Reason (R) :This Rule is based on public policy. Select the correct answer from the codes given below (A) Both (A) and (R) are true and (R) is the correct explanation of (A) (B) Both (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 9.What is the minimum imprisonment prescribed for use of deadly weapons in ‗Dacoity‘? (A) 10 years (B) 07 years (C) 05 years (D) 14 years 10.Under which section of the Indian Penal Code, it is omission, and not an act, which is an offence? (A) Section-491 (B) Section-296 (C) Section-468 (D) Section-508 11.Under IPC, which one of the following sections makes provision of Solitary Confinement? (A) Section-71 (B) Section-72 (C) Section-73 (D) Section-74 12.Which one of the following offences is not compoundable under IPC? (A) Section 323 (B) Section-334 (C) Section-448 (D) Section-307 13. ―1 believe in operation Valmiki because every Sant has a past and every criminal has a future.‖ This statement is of? (A) Justice Sikri (B) Justice P. N. Bhagwati (C) Justice Krislma Iyer (D) Justice J. S. Verma 14. Which one of the following is an incomplete crime? (A) Public Nuisance
(B) Criminal attempt (C) Unlawful Assembly (D) Riot 15.A, on grave and sudden provocation from ‗Z‘ fires a pistol at Z, who does not die, A is guilty of (A) Attempt to murder (B) Culpable homicide not amounting to murder (C) Attempt to commit culpable homicide (D) Grievous hurt 16.‗X‘ with the intention to kill ‗Y‘ supplies him powdered sugar believing it to be poison. ‗Y‘ eats the powder. ‗X‘ is guilty of? (A) No offence (B) Attempt to commit murder (C) Attempt to commit culpable homicide not amounting murder (D) Abetment to commit murder 17.‗X‘ is a good swimmer. He finds, Y, a child of seven years of age drowning in a canal. He could have saved the child but did not do so. The child is drowned. ‗X‘is guilty of? (A) No offence (B) Murder (C) Abetment of suicide (D) Culpable homicide not amounting to murder 18. An executioner who execute the death penalty is protected from criminal liability under which section of IPC ? (A) Section-97 (B) Section-78 (C) Section-79 (D) Section-80 19. ‗A‘ finds a purse with money on the high-road, not knowing to whom the purse belong, ‗A‘ picks up the purse. He has corn- miffed an offence under— (A) Section-403 IPC (B) Section-404 IPC (C) Section-405 IPC (D) None of the above 20. Just after theft, a man is found in the possession of stolen goods. This matter relates to which one of the following sections of Indian Evidence Act? (A) Section-114-A (B) Section-114 (C) Section-1l5 (D) Section-111-A 21. In which section of IPC the law relating to ‗Dowry death‘ is contained? (A) Section-304 (b) (B) Section-304 (C) Section-299 (D) Section-302
22. What is the age of the child to get immunity from criminal liability? (A) Less than 10 years (B) Less than 7 years (C) Less than 8 years (D) Less than 14 years 23. In which case the Supreme Court has struck down section 303 IPC as unconstitutional? (A) Machchi Singh Vs. State of Punjab (B) Bachan Singh Vs. State of Punjab (C) Santa Singh Vs. State of Punjab (D) Mithu Singh Vs. State of Punjab 24. The law relating to criminal misappropriation of property is given under section? (A) 403 IPC (B) 404 IPC (C) 407IPC (D) 411 IPC 25. Assertion (A) : Crime is punish able because it is provided in the law. Reason (14) : Crime is revolting to the moral sense of society. In the context of the above, which one of the following is correct? (A) Both (A) and (R) are true and (R) is the correct explanation of (A) (B) Both (A) and (R) are true and (R) is not the correct explanation of (A) (C) (A) is true, but (R) is false (D) (A) is false, but (R) is true 26. ‗A‘ shoots ‗Z‘ with the intention of killing him. ‗Z‘ dies in consequence. ‗A‘ commits— (A) Culpable homicide (B) Murder (C) Causing death by negligence (D) None of the above 27. Kidnapping is of? (A) One kind (B) Two kinds (C) Three kinds (D) Four kinds 28. ‗X‘ sends through his servant a typewriter to be delivered to ‗Y‘ his friend. The servant takes the typewriter and uses it over a period of time. The servant is to be guity of? (A) Extortion (B) Theft (C) Criminal misappropriation of property (D) Criminal breath of trust 29. ‗B‘ takes a gold ring of ‗A‘ out of ‗A‘s possession without ‗A‘s consent with the intention of keeping it till ‗A‘ gives ‗B‘ some money for its restoration to ‗A‘. ‗B‘ is guilty of— (A) Cheating (B) Criminal breach of trust (C) Criminal misappropriation of property (D) Theft
30. ‗X‘ with the intention to cause miscarriage, administered a drug to a pregnant lady ‗Y‘. The child in the womb died. ‗X‘ is guilty of? (A) Murder (B) Culpable homicide not amounting to murder (C) No offence (D) Causing miscarriage 31.It cannot be committed in a private place. (A) Murder (B) Riot (C) Assault (D) Affray 32. In which of the following cases the Supreme Court has laid down important guidelines to abate sexual harassment? (A) Vishaka Vs. State of Rajasthan (B) Apparel Export Corp. Vs. A. K. Chopra (C) Chairman Railway Board Vs. Chandrima Das (D) None of the above 33. ‗A‘ incites a dog to spring upon ‗Z‘ without ‗Z‘s consent. Here ‗A‘ intends to cause injury, fear or annoyance to ‗Z‘. (A) ‗A‘ uses criminal force to ‗Z‘ (B) ‗A‘ uses force to ‗Z‘ (C) ‗A‘ uses assault to ‗Z‘ (D) All the above 34. ‗A‘ enters Z‘s house through a window. ‗A‘ commits? (A) Trespass (B) House trespass (C) House breaking (D) All the above 35. Assertion A) Homicide is the killing of a human-being by a human-being. Reason (R) : Homicide is always unlawful. Select the correct answer from the codes given below? Codes: (A) Both (A) and (R) are true but (R) is the coned explanation of (A). (B) Both (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 36. ‗A‘ has sexual intercourse with his own wife who is living separately from him under a decree of separation without her consent. Which section of Indian Penal Code covers this matter? (A) Section-376 (B) Section-376-A (C) Section-376-B (D) Section-376-C 37. Which Order under C.P.C. pro vides detailed rules regarding judgements and decree? (A) Order XIX (B) Order XX
(C) Order XXI (D) Order XXIII 38. Which of the provision of C.P.C. deals with consequences of disobedience of an injunction granted by Court? (A) Order 39 RI (B) Order39 R2 (C) Order 39 R2-A (D) Order 39 R3 39. Order 21 CRC. dealing with execution of decrees and orders contains? (A) 100 Rules (C) 103 Rules (B) 102 Rules (D) 106 Rules 40. Which of the following is not a case on res-judicata? (A) Duche‘s of Kingston case (B) Chhajju Ram Vs. Neki (C) Mmmi Bibi Vs. Trilok Nath (D) Byram Pestonji Kariwala Vs.Union of India 41. Which provision of C.P.C. deals with enforcement of a decree against legal representative? (A) Section-50 (B) Section-51 (C) Section-55 (D) None of the above 42. An original suit for the value of Rs. 20 lakh shall be instituted in the Court of? (A) High Court (B) District Judge (C) Civil Judge (Junior Division) (D) Civil Judge (Senior Division) 43. Which of the following provisions of C.P.C. provides for adjudication of claims and objections to attachment of property? (A) Order 21 R 59 (B) Order 2l R 58 (C) Order 21 R 57 (D) None of the above 44. Which provision of the C.P.C. provides that one person may sue or defend on behalf of all in same interest? (A) Order 1R1 (B) Order 2 R2 (C) Order lR8 (D) Order lR9 45. The meaning of written statement is? (A) Suit of plaintiff (B) Suit of defendant
(C) Answer by defendant of plaintiff‘s suit (D) Answer by plaintiff of defendant‘s suit 46. Under which provision of C.P.C. the Collector may be appointed as a Receiver? (A) Order 40 Rule I (B) Order 40 Rule 2 (C) Order 40 Rule 3 (D) Order 40 Rule 5 47. ‗Objections as to local or pecuniary jurisdiction shall be raised at the first opportunity.‘ This is the essence of CRC. (A)Section-20 (B) Section-21 (C)Section-24 (D) Section-25 48. The doctrine of res-judicata is not applicable in the case of following writ (A) Habeas Corpus (B) Certiorari (C) Mandamus (D) Quo-warranto 49. All orders and notices served on or given to any person under the provisions of C.P.C. shall be in writing is provided under? (A) Section-141 (B) Section-142 (C) Section-143 (D) Section-144 50. Provisions relating to set-off and counter claims are contained in which one of the following orders? (A) Order VI (B) Order VII (C) Order VIII (D) Order IX 51. The court may compel the attendance of any person to whom a summons has been issued under section-32 CRC. and for the purpose may impose a fine upon him not exceeding (A) Rs. Five hundred (B) Rs. One thousand (C) Rs. Three thousand (D) Rs. Five thousand 52. No second appeal shall lie under section 102 C.P.C. from any decree, when the subject matter of original suit is for recovery of money not exceeding? (A) Rs. Three thousand (B) Rs. Five thousand (C) Rs. Twenty thousand (D) Rs. Twenty five thousand 53. How many minimum number of judges of the High Court are required to sign the confirmation of death sentence? (A) 3
(C) 4 (B) 2 (D) 5 54. An irregularity by the Magistrate in which one of the following cases will not vitiate proceedings? (A) Making an order for maintenance (B) Demanding security for good behaviour (C) Tendering pardon to accomplice (D) Trying an offence summarily 55. Order under section-144 Cr. P.C. 1973 is amenable to writ jurisdiction on violation of any Fundamental Rights. This was held in case of— (A) Dibakar Naik Vs. Pushpalata Patel (1997)3 crimes 107 (B) Gopalachari Vs. State of Kerala 1981 SC.R 338 (C) Gulam Abbas Vs. State of U.P. 1981 SC. 2198 (D) Shelam Ramesh Vs. State ofA.P. (1999) 8 SCC. 369 56. Classification of compoundable and non-compoundable offences has been provided under Cr. P.C.in ? (A) First Schedule (B) Second Schedule (C) Section 321 Cr. P.C. (D) Section 320 Cr. P.C. 57. Which provision under the Code of Criminal- Procedure, 1973 prescribes the mode of execution of sentence of death that ―the convict be hanged by the neck until he be dead‖? (A) Section-413 (B) Form No. 42 of the Second Schedule of the Code (C) Section-416 (D) Section-414 58. Which section of Cr. P.C pro vides for confirmation by the High Court of an order of death sentence passed by the Session Court prior to its execution? (A) Section-366 (B) Section-368 (C) Section-369 (D) Section-371 59. The appeal against an order of acquittal passed by the Court of Judicial Magistrate first class shall lie to? (A) The Court of Chief Judicial Magistrate (B) The Court of Session (C) The High Court (D) The Supreme Court 60.In which one of the following sections of Cr. P.C. provision for free legal aid is made (A) Section-301 (B) Section-306 (C) Section-304 (D) Section-309 Answers:
1
D
2
A
3
B
4
C
5
A
6
C
7
D
8
A
9
B
10
A
11
C
12
D
13
C
14
B
15
C
16
A
17
A
18
B
19
D
20
B
21
A
22
B
23
D
24
A
25
B
26
B
27
B
28
D
29
D
30
D
31
D
32
A
33
A
34
C
35
C
36
B
37
B
38
C
39
D
40
B
41
D
42
B
43
B
44
C
45
C
46
A
47
B
48
A
49
B
50
C
51
D
52
D
53
B
54
C
55
C
56
D
57
B
58
A
59
B
60
C
Chhattisgarh Judicial Service Law Model Practice Paper Chhattisgarh Judicial Service Law Model Practice Paper 1. What will be effect of mistake at the law in force in India on the agreement? (A) Not voidable (B) Voidable (C) Void (D) Not Void Ans:-A 2. In which of the following cases, a lease of immovable property doesn‘t determine? (A) By efflux of time limited there (B) By express surrender (C) On the service of a notice to quit (D) By forfeiture Ans:-C 3. ―A‖ promises for no consideration to give to ―B‖ Rs. 1000 (one thousand rupees) agreement is— (A) Voidable (B) Void (C) Enforceable (D) Not enforceable on being in writing Ans:-B 4. One out of the following literary figures did not belong to Jabalpur— (A) Seth Govind Das (B) Subhadra Kumari Chauhan (C) Sharad Joshi (D) Harishankar Parsai Ans:-A 5. The average temperature of Monday, Tuesday and Wednesday was 75°C while the average temperature of Tuesday, Wednesday and Thursday was 77°C. If the temperature was 16°C on Thursday, then the temperature on Monday was— (A) 75°C (B) 70°C (C) 72°C (D) 76°C Ans:-B 6. If a clock gains five minutes every hour, the angle traversed by the seconds hand in one minute will be— (A) 360° (B) 360.5° (C) 390° (D) 380° Ans:-C
7. Assuming that the statement ‗Every library has books‘ is true, which of the following statements is definitely true? (A) Books are only in library (B) Some libraries do not have readers (C) Libraries are meant for books only (D) No library is without books Ans:-D 8. In an office, there are grade A and grade B clerks. Every clerk contributes as many rupees as the number of clerks in his grade. The total contribution is Rs. 317; what is the total number of clerks? (A) 25 (B) 20 (C) 26 (D) Data incomplete Ans:-D 9. The next term in the series given below is— 2, 10, 26, 50, 82 (A) 118 (B) 120 (C) 122 (D) 124 Ans:-C 10. Which of the following is not a quasi-contract? (A) Obligation of person enjoying benefit of non-gratuitous act (B) Responsibility of finder of goods (C) Quantum one suit (D) Novation Ans:-D 11. The statement, ―while there is no rose which has no thorn but if what you hold is all thorn and no rose, better throw it away‖, relates to— (A) Restitution of conjugal rights (B) Judicial separation (C) Divorce by mutual consent (D) Irretrievable break down f marriage theory of divorce Ans:-D 12. The Code of Criminal Procedure (Amendment) Act 2005 (No. 25 of 2005) received the assent of the President on— (A) 21st July, 2005 (B) 23rd June, 2005 (C) 22nd August, 2005 (D) .20th September, 2005 Ans:-B 13. Sum of two numbers is 22. Five times of one number equals to six times of second number. Which is the larger number of these two? (A) 10 (B) 12 (C) 15 (D) 16 Ans:-B
14. The ratio between the ages of Kamla and Savita is 7 : 4 and the sum of their ages is 44years. After 8 years, what will be the ratio in the ages of Savita and Kamla? (A) 7:4 (B) 4:7 (C) 5:4 (D) 2:3 Ans:-D 15. A and B do a work in 8 days. A works for 5 days balance work is done by B in 20 days. In how many days B alone will do that work? (A) 20 (B) 30 (C) 40 (D) 45 Ans:-C 16. The Supreme Court recently ruled that all marriages irrespective of their religion be compulsorily registered. Which one of the following groups of four States each already had marriage registration mandatory? (A) Assam, Bihar, Gujarat and Karnataka (B) Himachal Pradesh, Maharashtra, Orissa and Meghalaya (C) Gujarat, Maharashtra, West Bengal and Assam (D) Gujarat, Himachal Pradesh, Karnataka and Maharashtra Ans:-D 17. Which of the following transfer is valid? (A) An unregistered usufructuary mortgage for Rs. 99 (B) An unregistered gift of immovable property of the value of Rs. 99 (C) An oral lease of immovable property from year to year (D) An oral assignment of debts Ans:-A 18. What is not required in Gift? (A) Donor and Donee (B) Consideration (C) Movable or immovable property (D) Transfer and acceptance Ans:-B 19. Statue of Lord Adinath known as Bawangaja is located in the district of (A) Datia (B) Gwalior (C) Khargone (D) Badwani Ans:-D 20. Which of the following groups of districts is known for production of mustard seeds? (A) Bhind—Morena (B) Shivpuri—Gun (C) Khargone—Khandwa (D) Sehore—Bhopal Ans:-A
21. Which town bears the ancient name Dashapur? (A) Neemach (B) Mandsaur (C) Ratlam (D) Maheshwar Ans:-B 22. Lakshmi Bai National College of Physical Education is located at — (A) Bhopal (B) Gwalior (C) Karnal (D) Patiala Ans:-B 23. Which district of Madhya Pradesh has the largest area under wheat crop? (A) Vidisha (B) Sagar (C) Guna (D) Hoshangabad Ans:-A 24. Madhya Pradesh contributes bauxite deposits of India. (A) 40% (B) 44% (C) 55% (D) 60% Ans:-B 25. Who was the First Chief Justice of Madhya Pradesh? (A) Justice G. P. Singh (B) Justice P. V. Dixit (C) Justice M. Hidayatullah (D) Justice N. D. Ojha Ans:-C
law questions for Assistant public prosecuter Exam law questions for Assistant public prosecuter Exam Assistant Public Prosecutor in Government Jobs Model Questions 1. ‗A‘ document is said to be in the handwriting of ‗A‘. That document is produced from proper custody. If the document is purporting or proved to be— (A) Thirty (B) Fifteen (C) Twenty (D) Twelve Years old, court may presume that is in ‗A‘s handwriting. Ans:-A 2. What number of witnesses will be required for the proof of any fact? (A) No particular number (B) At least one eye witness (C) Two witnesses with regard to documents (D) One party and one witness Ans:-A 3. Leading question— (A) May be asked in examination in chief (B) May be asked in cross-examination (C) May be asked in re-examination (D) Cannot be asked in any circumstances Ans:-B 4. Which of the following statements is correct? (A) Estoppel is not a rule of Evidence (B) Estoppel form record constitutes bar of resjudicata (C) There can be estoppel on a point of law (D) There can be not estoppel when the truth of the matter is known to both parties Ans:-B 5. The question is, whether ‗A‘ committed a crime at Kolkata on a certain day. The fact that, on that day ‗A‘ was at Chennai is relevant— (A) As a motive for fact in issue (B) As introductory to fact in issue (C) As preparation of relevant fact (D) As it makes the existence of fact in issue highly improvable Ans:-D 6. A person summoned to produce a document when produces the document then— (A) He becomes a witness
(B)He cross-examined by both the parties (C)He is cross-examined with the permission of the court (D) He does not become witness and cannot cross-examined unless and until he is called as a witness Ans:-D 7. The examination, after the cross-examination of a witness by the party who has called him, is called— (A) Main examination (B) Additional cross-examination (C) Re-examination (D) Re-cross examination Ans:-C 8. Which of the following is not an ‗accommodation‘ as defined in 2(a) of the C.G.A.C. Act— (A) House (B) Agriculture land (C) Shop (D) Gumti Ans:-B 9. Who is not a land lord for the purpose of Section 23(3) of C.G.A.C. Act— (A) A retired servant of any Government (B) A servant of any Government (C) A divorced wife (D) A handicapped person Ans:-B 10. Where an order for the eviction of a tenant is made on the ground that the residence for himself, the landlord shall not be entitled to obtain possession thereof before the expiration of period of— (A) Two months (B) Three months (C) Six months (D) One year from the date of order Ans:-A 11. No Court shall take cognizance of an offence punishable under Accommodation Control Act, unless the complaint in respect of the offence has been made within—(A) Six months (B) One year (C) Three years (D) Three months from the de of commission of the offence Ans:-D 12. After the service of notice of demand, no suit for eviction of a tenant on the ground of default in payment of arrears of rent shall be instituted until the expiration of— (A) One month
(B) Two months (C) Three months (D) Fifteen days Ans:-B 13. The rent controlling Authority should, not below the rank of— (A) Tahsildar (B) Asstt. Supd. land records (C) Deputy collector (D) Civil Judge Ans:-C 14. A landlord making false the frivolous application U/S 23A of A.C. Act may be saddled with compensatory costs not exceeding— (A) Six months (B) Nine months (C) Eleven months (D) One year rent of the accommodation at a time Ans:-A 15. Essential supply enjoyed by a tenant in respect of the accommodation let to him is cut off by the landlord. Who will make an order to restore such supply? (A) Collector (B) Civil Court (C) Rent Controlling Authority (D) Municipal Corporation or Municipality as the case may be Ans:-C 16. On the complaint of tenant if he is satisfied that the landlord without any reasonable cause refused to accept rent he may levy on the landlord a fine who is he? (A) Judicial Magistrate first class (B) Rent controlling Authority (C) District Magistrate (D) District Judge Ans:-B 17. No Court shall take cognizance of an offence punishable under the Accommodation Control Act, unless the complaint in respect of the offence has been made within— (A) Six month‘s (B) One year (C) Three years (D)Three months from the date of commission of the offence Ans:-D 18. Which is not the immovable property? (A) A lease of land
(B) Growing crops (C) A right of way (D) A life interest in the income of immovable property Ans:-B 19. In which of the following cases, a transfer of immovable property can be made without writing— (A) Sale of property of a value more than Rs.100 (B) Lease for a term of 11 months (C) Exchange (D) Actionable claim Ans:-B 20. The doctrine of Lispendese applies where— (A) The suit is collusive (B) The transfer is made after the decree the filing of an appeal (C) Right to movable property is in question (D) Property is situated outside the territorial jurisdiction of the court Ans:-B 21. What kind of property is transferable? (A) Right of re-entry (B) Public Office (C) Any kind of property if not prohibited by law (D) Pension Ans:-C 22. ‗Attested‘ in relation to an instrument means and shall be deemed always to have mean attested by least— (A) One witness (B) Two witnesses (C) Three witnesses (D) Four witnesses Ans:-B 23. Whether a transfer can be made in favour of an unborn person? (A) Yes, by machinery of trust (B) Yes (C) Guardian has got to be appointed first (D) None of the above Ans:-A 24. A mortgage by deposit of title deeds is called— (A) Anomalous mortgage (B) English mortgage (C) Equitable mortgage (D) Usufructuary mortgage
Ans:-C 25. A lease of immovable property from year to year is terminable, on the part of either lessor or leasee, by— (A) One month (B) Six month‘s (C) Three month‘s (D) Sixty days notice expiring with the end of a year of the tenancy Ans:-B
Free Practice test MP civil judge,Assistant Public prosecutor and other exams Civil Judge & Public Prosecutor Exam Solved Paper Law Sample Paper for Civil Judge Public Prosecutor Exams 1. Where does Madhya Pradesh Accommodation Control Act, 1961 apply? (A) Whole Madhya Pradesh (B) Area specified in Schedule 1 (C) Area recommended by State Reorganisation Commission (D) Excluding area of old Vidarbha Ans:-B 2. Who fixes the standard rent? (A) Civil Court (B) District Court (C) Rent Controlling Authority (D) Collector Ans:-C 3. M.P. Accommodation Control Act, 1961 does apply to— (A) Property of Government (B) Property of local authority used exclusively for non-residential purposes (C) Property of Municipal Corporation used exclusively for non-residential purposes (D) Property of Municipal Corporation used for residential purpose Ans:-D 4. The provisions of M.P. Accommodation Control Act, 1961 will not be applicable to a newly constructed house for a period of— (A) Five years (B) Seven years (C) Three years (D) One year Ans:-A 5. Who is not a landlord for the purpose of Section 23(J) of M.P. Accommodation Control Act, 1961? (A) A retired servant of any Government (B) A servant of any Government (C) A divorced wife (D) A physically handicapped person Ans:-B 6. The Rent Controlling Authority should not below the rank of— (A) Tahsildar (B) Asstt. Suptd. Land Records (C) Deputy Collector (D) Civil Judge Ans:-C
7. Where an order for the eviction of tenant is made on the ground specified in clause (e) of sub-Section (1) of Section 12, the landlord shall not be entitled to obtain possession thereof before expiration of a period of— (A) One year (B) Six months (C) Three months (D) Two months Ans:-D 8. Where a landlord has acquired any accommodation by transfer, he cannot bring a suit for eviction on the ground specified in clause (e) or (f) sub-Section (1) of Section 12 so long? (A) One year has not elapsed (B) Six months has not elapsed (C) Three months has not elapsed (D) Two months has not elapsed Ans:-A 9. An appeal shall lie against the order passed by Rent Controlling Authority to— (A) High Court (B) District Court (C) Collector (D) State Government Ans:-B 10. Who is not a member of family for the purpose of M.P. Accommodation Control Act? (A) Unmarried daughter (B) Unmarried sister (C) Grandson living separately (D) Grandfather Ans:C 11. The proceeding pleading when the M.P. Accommodation Control Act. 1961 came into being will be— (A)Decided according to provisions of New Act (B)Referred td the High Court (C)Returned to the Plaintiff (D)Decided according to provisions of Old Ans:-D 12. Rules made under the provision of M.P. Accommodation Control Act have to be sent to(A) Assembly (B) High Court (C) President (D) Supreme Court Ans:-A 13. ‗A‘ proposes, by letter, to sell house to ‗B‘ at a certain price. The communication of proposal is complete when— (A) ‗A‘ puts letter in letter-box
(B) ‗B‘ receives the letter (C) ‗B‘ puts reply in letter-box (D) ‗A‘ receives reply of ‗B‘ Ans:-B 14. A sells, by auction, to B a horse which A knows to be unsound. A says nothing to B about the horse‘s unsoundness. A does— (A) Fraud (B) Misrepresentation (C) No fraud (D) Undue influence Ans:-C 15. Where both parties are under mistake as to matter of fact, the agreement will be— (A) Enforceable (B) Voidable (C) Not void (D) Void Ans:-D 16. What will be effect of mistakes as to law in force in India on the agreement? (A) Not voidable (B) Voidable (C) Void (D) Not void Ans:-A 17. A promises, for no consideration, to give to B Rs. 1,000. This agreement is— (A) Voidable (B) Void (C) Enforceable (D) Not enforceable not being in writing Ans:-B 18. Agreements, the meaning of which is not certain, or capable of being made certain, are— (A) Voidable (B) Illegal (C) Void (D) Enforceable Ans:-C 19. Where no application is made and no time is specified for performance of promise, there the agreement must be performed within— (A) Three years (B) Two years (C) One year (D) Reasonable time
Ans:-D 20. A agrees with B to discover treasure by magic. This agreement is— (A) Void (B) Voidable (C) Enforceable (D) Valid and enforceable in Bengal Ans:-A 21. In case of an alternative promise, one branch of which is legal and the other illegal— (A) Both branches will be enforceable (B) The legal branch alone can be enforced (C) No branch is enforceable (D) None of the above Ans:-B 22. A supplies B, a lunatic, with necessaries suitable to his condition in life. Whether A is entitled for reimbursement from the property of B? (A) No (B) Yes, if the value of property is more than one lath (C) Yes (D) None of the above Ans:-C 23. A saves B‘s property from fire. Circumstances show that he intended to act gratuitously. Whether A is entitled for compensation from B? (A) Yes (B) Not from B, but from Government (C) Not from B, but from his heirs (D) No Ans:-C 24. A, the captain of B‘s ship, signs of bill of lading without having received on board the goods mentioned therein. As between B and pretended consignor is concerned the bill of lading are— (A) Void (B) Voidable (C) Enforceable (D) None of these Ans:-A 25. Who is not a Revenue Officer? (A) Settlement Officer (B) Revenue Inspector (C) Asstt. Suptd. land records (D) Naib Tahsildar Ans:-B
26. When does agriculture year begin? (A) 1st January (B) 1st Aril (C) 1st July (D) 15th August Ans:-C 27. When any person neglects to give information required under Section 109 of M.P. Land Revenue Code within stipulated period the Tabsildar may impose penality? (A) Not exceeding Rs. 100 (B) Not exceeding Rs. 75 (C) Not exceeding Rs. 50 (D) Not exceeding Rs. 25 Ans:-D 28. If any person willfully defaults to pay land revenue within one month after stipulated period, the Subdivisional Officer may impose penalty— (A)Not exceeding 10% (B)Not exceeding 15% (C)Not exceeding 20% (D)Not exceeding 25% Ans:-A 29. Land revenue for different lands will be assessed by— (A) Collector (B) Settlement Officer (C) Settlement Commissioner (D) Commissioner of Division Ans:-A 30. The term of settlement shall not be less than— (A) 100 years (B) 50 years (C) 30 years (D) 20 years Ans:-C 31. No mortgage of any land by a Bhumiswami shall be valid unless the following land is left with him free from charge— (A) 2 acres irrigated or 3 acres unirrigated land (B) 3 acres irrigated or 4 acres unirrigated land (C) 1 acre irrigated or 2 acres unirrigated land (D) 5 acres irrigated or 10 acres unirrigated Ans:-D 32. Where the settlement operations are closed all applications pending before Settlement Officer shall be transferred to?
(A) Collector (B) Tahsildar (C) Sub-divisional Officer (D) Asstt. Suptd. land records Ans:-A 33. No usufructuary mortgage of any land by a Bhumiswami shall be valid if it is for a period exceeding— (A) 5 years (B) 6 years (C) 7 years (D) 10 years Ans:-B 34. Where a Bhumiswami effects a mortgage the total amount of interest under Section 165(3) of M.P.L.R. Code shall not exceed? (A) Equal to principal amount (B) One-fourth of principal amount (C) Half of the principal amount (D) One-third of the principal amount Ans:-C 35. Under provisions of M.P.L.R. Code a Bhumiswami may relinquish his rights by giving notice to Tahsildar. How much prior before commencement of Agriculture year this notice should be given? (A) 120 days (B) 90 days (C) 60 days (D) 30 days Ans:-D 36. Where a Bhumiswami desires to take his land back possession whereof was taken by Tahsildar under Section 176 of M.P.L.R. Code he should apply— (A) Within three years from the commencement of next Agriculture year Land (B) Within two years from the commencement of next Agriculture year (C) Within one year from the commencement of next Agriculture year (D) Within six months from the commencement of next Agriculture year Ans:-A 37. Which is not the immoveable property? (A) A lease of land (B) Growing crops (C) A right of way (D) A life interest in the income of immoveable property Ans:-B 38. What kind of property is transferable? (A) Right to re-entry
(B) Public Office (C) Any kind of property if not prohibited by law (D) Pension Ans:-C 39. What kind of transfer may be made orally? (A) Gift of immoveable property (B) Transfer of actionable claim (C) Sale of immoveable property of value upward Rs. 100 (D) Surrender of lease Ans:-D 40. Whether a transfer can be made in favour of an unborn person? (A) Yes, by machinery of trust (B) Yes (C) Guardian has got to be appointed first (D) None of the above Ans:-B 41. When does an unborn person acquire vested interest on transfer? (A) As soon as he is born (B) On attaining majority (C) On attaining 21 years (D) After marriage, if female ‗ Ans:-A 42. A lets to B a farm on the condition that B shall walk 100 miles in an hour. Lease is— (A) Voidable (B) Void (C) Valid (D) Enforceable Ans:-B 43. A has let his house at a rent of Rs. 100 payable on the last date of each month. A sells house to B on the 15th of June. On 30th June what will be apportionment? (A) A will get Rs. 100 (B) B will get Rs. 100 (C) Rs.50toAandRs.50toB (D) The tenant will be exempted from payment of rent in that month Ans:-C 44. Which is not the ingredient of Section 53(A) of T.P. Act? (A) Agreement for transfer (B) Consideration (C) Transferee has performed his part (D) Moveable property
Ans:-D 45. Whether simple mortgage must always be registered? (A) Yes (B) If value of property is more than Rs. 100 (C) Registration not necessary (D) None of the above Ans:-B 46. Who may make rules consistent with the provisions of T.P. Act? (A) State Government (B) High Court (C) Supreme Court (D) State Secretariat Ans:-A 47. In absence of contract or local law or usage to the contrary, a lease of immoveable property shall be deemed to be— (A) Month to month (B) Bimonthly (C) Year to year (D) Biannual Ans:-C 48. A gives a lakh of rupees to B, reserving to himself, with B‘s assent, the right to take back Rs. 10,000 at pleasure Out of that amount. This gift is— (A) Absolutely valid (B) Absolutely invalid (C) This cannot be said to a gift (D) Holds good as to Rs. 90,000 but it is void as to Rs. 10,000 Ans:-D 49. In criminal proceedings the fact that the accused is of good character is— (A) Relevant (B) Irrelevant (C) Unrebuttable (D) None of these Ans:-A 50. What is not the necessary ingredient for attracting the provisions of Section 27 of Evidence Act? (A) The person must be an accused of an offence (B) Male or female (C) He should give information (D) Discovery of any fact in consequence of information Ans:-B June 7th, 2011 | Tags: Law | Category: Uncategorized
Indian law practice questions Indian law practice questions Objective Solved Questions Indian law MCQ Test on Indian law 1. Who amongst the following is an accomplice? (A) A prostitute (B) A raped girl (C) A spy (D) A person giving bribe under coercion Ans:-A 2. The case of Pakala Narain Swamy V/s Emperor relates to— (A) Doctrine of estoppels (B) Accomplice (C) Dying declaration (D) Hostile witness Ans:-C 3. Match list-I with list-Il and select correct answer using the codes given below the lists— List-I (Section) (a) Section 159 (b) Section 154 (c) Section 60 (d) Section 141 List-II (Provision) 1. Leading question 2. Oral evidence 3. Refreshing memory 4. Hostile witness Codes: (a) (b) (c) (d) (A) 3 4 1 2 (B) 3 4 2 1 (C) 1 2 3 4 (D) 2 1 4 3 Ans:-B 4. A confession is inadmissible if it is made by the accused— (A) To a Magistrate whilst he is in the custody of a police officer (B) To his friend whilst is not in the custody of a police officer (C) To a doctor whilst he is in the custody of a police officer (D) To a spiritual adviser under the inducement for the good of his soul Ans:-C
5. Leading questions may be asked in— (A) Examination-in chief (B) Cross-examination (C) Re-examination (D) All the above Ans:-B 6. Extra-judicial confession means a confession made— (A) Before the Magistrate in the court (B) To the police officer (C) To the doctor (D) None of the above Ans:-B 7. Who amongst the following is not a competent witness? (A) A child (B) An idiot person (C) A lunatic person (D) A dumb person Ans:-B 8. Hostile witness means— (A) An unfavorable witness (B) A witness who is desirous of telling the truth (C) A witness who is not desirous of telling the truth (D) An overpowered witness Ans:-A 9. Assertion (A): An accomplice shall be a competent witness against an accused person. Reason (R) : An accomplice is unworthy of credit, unless he is corroborated in material particulars. Codes: (A) Both A and (R) are true and (R) is the correct explanation of (A) (B) Both (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 Ans:-A 10. A confession is admissible if it is made by the accused to— (A) A police officer (B) A doctor whilst he is in the custody of a police officer (C) His friend whilst he is in the custody of a police officer (D) A spiritual adviser under the inducement for the good of his soul Ans:-D 11. The case of Kashmira Singh V/s. State of Madhya Pradesh relates to— (A) Dying declaration (B) Privileged communication
(C) Confession to police officer (D) Confession of a co-accused Ans:-D 12. Which one of the following Sections of the Indian Evidence Act has been substituted for the old Section by the Information Technology Act, 2000? (A) Section 39 (B) Section 22 (C) Section 47 (D) Section 65 Ans:-A 13. Which one of the following is primary evidence? (A) Copies made from the original (B) Document produced for the inspection of the court (C) Certified copies of a document (D) Photostat copies of a document Ans:-B 14. Character of a person for purposes of the law of evidence is not relevant in one of the following situations— (A) Previous good character of the accused in criminal cases (B) Previous bad character in reply to evidence of good character in criminal cases (C) Character as affecting the amount of damages in civil cases (D) Character to prove conduct imputed in civil cases Ans:-D 15. Which one of the following is not a public document? (A) An unregistered family settlement (B) A registered sale deed (C) Judgment of High Court (D) Judgment of Civil Judge Ans:-A 16. A witness who is unable to speak gives his evidence in writing in the open court, evidence so given shall be deemed to be— (A) Documentary evidence (B) Primary evidence (C) Secondary evidence (D) Oral evidence Ans:-D 17. Assertion (A) : Extra-judicial confession, if voluntary, can be relied upon with other evidence. Reason (R) : Extra-judicial confession is a weak piece of evidence. Codes: (A) Both (A) and (R) are true and (R) is the correct explanation of (A) (B) Both (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 Ans:-A 18. An admission under Section 17 of the Indian Evidence Act is— (A) Only an oral statement (B) Only a documentary statement (C) An oral, documentary or a statement contained in electronic form (D) An oral or documentary statement Ans:-C 19. Under Section 57(1) of the Evidence Act, the form court shall take judicial notice of— (A) All laws enforce in India (B) All laws including foreign laws (C) All Indian and Asian laws (D) All Indian and British laws up to 1950 Ans:-A 20. ‗Document‘ produced for the inspection of the court includes— 1. A written document 2. A caricature 3. An electronic record 4. An inscription on stone Select the correct answer sing the codes given below— Codes: (A) l and 4 (B) 1, 2 and 4 (C) 1, 2, 3 and 4 (D) 1, 2 and 3 Ans:-C 21. Assertion (A): In certain cases corroboration of confession is necessary. Reason (R) : In all cases, an extra-judicial confession must be corroborated. Codes: (A) Both (A) and (R) are true and(R) is the correct explanation of (A) (B) Both (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 Ans:-B 22. In case of suicide by a married woman, the court under Section 113-A of the Indian Evidence Act, may presume that suicide had been abetted by her husband, if— 1. Suicide was committed by the wife within a period of seven years from the date of her marriage. 2. The wife was subjected to cruelty. 3. The wife was illiterate and from a poor family. 4. The wife was deserted by the husband. Select the correct answer using the codes given below— Codes:
(A) 1, 2 and 3 (B) 1, 3 and 4 (C) 2 and 4 (D) l and 2 Ans:-B 23. Assertion (A) A dying declaration is admissible in evidence. Reason (R) Its admissibility is founded upon the principle of necessity. Codes: (A) Both (A) and (R) are true and (R) is the correct explanation of (A) (B) Both (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 Ans:-A 24. Admissions are— (A) Not conclusive proof of the matters admitted (B)Conclusive proof of the matters admitted (C) Not to operate as estoppel (D) Of no value Ans:-A 25. Which one of the following is a correct statement relating to cross-examination? (A) Witnesses to character may be cross examined (B) Leading questions cannot be asked in cross-examination (C) A person summoned to produce a document can be cross-examined (D) A witness may not be cross-examined as to previous statements made by him in writing Ans:-A 26. In a cognizable offence a police officer— (A) Cannot arrest an accused without warrant (B) May arrest an accused without warrant (C) Can keep the accused in police custody without a remand order (D) Is not required to produce the accused before a Magistrate Ans:-B 27. Who amongst the following is not entitled for maintenance under Section 125 of the Code of Criminal Procedure, 1973? (A) Illegitimate minor child (B) Uterine brother (C) Father (D) Divorced wife Ans:-B 28. The main characteristic of the Code of Criminal Procedure, 1973 is— (A) The empowerment of Executive Magistrate with Judicial power (B) The separation of the legislature from the Executive
(C) The separation of the Judiciary from the Executive (D) The separation of the Revenue work from the Executive Ans:-C 29. Who can commute the sentence of imprisonment for life under the Code of Criminal Procedure? (A) The appropriate Government (B) The President of India (C) The Governor of the State (D) The CentralGQ4rnment Ans:-A 30. The power of the Supreme Court to transfer cases and appeals from one High Courto another High Court can be exercised on an application by which one of the following— (A) Registrar of the concerned High Court (B) Attorney General of India (C) Chairperson of the Bar Council of India (D) Solicitor General of India Ans:-B 31. A sentence of Imprisonment for a term often years may be passed by which cme of the following? (A) The Court of a Magistrate of the First Class (B) The Court of a Chief Judicial Magistrate (C) An Assistant Sessions Judge (D) The Court of a Chief Metropolitan Magistrate Ans:-C 32. A private person may arrest any person who? (A) Is reported to be a criminal (B) In his presence commits anon-cognizable offence (C) In his presence commits a bailable offence (D) In his presence commits a cognizable and non-bailable offence Ans:-D 33. Under which Section of the Code of Criminal Procedure a proclamation for person absconding may be issued? (A) Section 83 (B) Section 82 (C) Section 81 (D) Section 80 Ans:-B 34. Which Sections of the Code of Criminal Procedure provide for Trial before a Court of Session? (A) Sections 225 to 237 (B) Sections 238 to 243 (C) Sections 251 to 259 (D) Sections 260 to 265
Ans:-A 35. Which Section of the Code of Criminal Procedure provides for prosecution for offences against marriage? (A) Section 198 (B) Section 199 (C) Section 196 (D) Section 197 Ans:-A 36. When an accused does not have sufficient means to engage pleader the Sessions Court may assign a pleader for his defence at the expense of the State. It is ensured by which Section of the Cr.P. Code? (A) Section 301 (B) Section 304 (C) Section 306 (D) Section 305 Ans:-B 37. Who among the following is not empowered to tender pardon to accomplice under Section 306 of the Code of Criminal Procedure? (A) Metropolitan Magistrate (B) Magistrate of Second Class (C) Chief Judicial Magistrate (D) Magistrate of the First Class Ans:-B 38. Which Section of the Cr.P. Code provides that ―no statement made by any person to a police officer in the course of an investigation shall, if reduced to writing, be signed by the person making it ?― (A) Section 164 (B) Section 163 (C) Section 162 (D) Section 161 Ans:-C 39. Point out incorrect answer— The First Information Report means: (A) Report about cognizable offence (B) Information given to the police officer (C) Information first in point of time (D) It must always be given in writing Ans:-D 40. Point out incorrect answer— Under Section 125(4) Cr.P. Code wife will not be entitled to maintenance allowance if: (A) She is living in adultery (B) She refuses to live with her husband without sufficient reason (C) She is living separately by mutual consent (D) She embraces some other religion
Ans:-D 41. Which Section of the de of Criminal Procedure authorises a private person to arrest any person committing cognizable offence? (A) Section 44 (B) Section 42 (C) Section 43 (D) Section 45 Ans:-C 42. Point out incorrect answer— The requisites of a valid warrant are: (A) It shall be in writing (B) It shall be signed by presiding officer of the Court (C) It shall bear the seal of the Court (D) It must state the name the accused but address is not necessary Ans:-D 43. An order of life imprisonment may be passed (A) Chief Judicial Magistrate (B) Sessions Judge (C) Metropolitan Magistrate (D) Any Magistrate of the First Class Ans:-B 44. Which of the following statements are correct? 1. Investigation is made by a police officer. 2. The object of police investigation is to collect evidence. 3. Investigation is a judicial proceeding. 4. Investigation is not a judicial proceeding. Select the correct answer using the codes given below— (A) 1,2and3 (B) l,2and4 (C) 2,3and4 (D) 1,3and4 Ans:-B 45. Object of investigation is— (A) To punish the accused (B) To acquit the accused (C) To collect the evidence (D) To convict the accused Ans:-C 46. Under which Section of Cr.P. Code a Session Judge exercises power of appeal? (A) Section 373 (B) Section 376
(C) Section 397 (D) Section 398 Ans:-A 47. Under which Section of the Code of Criminal Procedure an accused person can himself be a competent witness? (A) Section 311 (B) Section 313 (C) Section 315 (D) Section 319 Ans:-C 48. An offence punishable with imprisonment for a term exceeding two years relates to— (A) Summon case (B) Warrant case (C) Either of the above two (D) Neither of the above Ans:-B 49. A Chief Judicial Magistrate may pass a— (A) Sentence of imprisonment not exceeding seven years (B) Sentence for life imprisonment (C) Sentence of imprisonment exceeding seven years (D) Death sentence Ans:-A 50. A conditional order for removal of public nuisance under Section 133 of the Code of Criminal Procedure may be passed by— (A) District Magistrate (B) Sub-Divisional Magistrate (C) Executive Magistrate specially empowered (D) Any of the above Magistrates Ans:-D
upsc prelims law paper upsc prelims law paper UPSC Question Papers for Civil Services. IAS Prelims Law Question Papers law Previous Years Question Papers – UPSC UPSC Civil Services Law Prelims Papers Free Download Q.1. Consider the following statements: A member of the Union Public Service Commission 1. debarred from re-appointment as a member 2. ineligible for any other employment under the Central or State Government 3. disqualified from becoming a constitution functionary like a Governor Of the above statements: (a) 1, 2 and 3 are correct (b.) 2 and 3 are correct (c) 1 and 3 are correct (d) 1 and 2 are correct Ans. (a) Q.2. The Supreme Court invalidated Section 55 of the Forty-Second Amendment Act, which enlarged the scope of Article 368 to amend Fundamental Right on the ground that the: (a) requisite number of State had ot ratified the amendment (b) amendment has been enacted during the emergency (c) amendment abrogated a basic feature of the Constitution (d) Rajya Sabha had not passed the amendment with the prescribed majority Ans. (c) Q.3. In State of Rajasthan v. Union of India (1977) the Supreme Court decided that: (a) power of Union executive under Article 353 extend over the State executive without any limit (b) Article 355 given absolute discretion to Union executive over State matter (c) the discretion of President under Article 356 in subjective unless malafide is proved (d) Union Parliament and State Legislatures have con current power of making laws under Article 357 Ans. (c) Q.4. Disputes between States in India come to the Supreme Court under: (a) Appellate jurisdiction (b) Original jurisdiction (c) Advisory jurisdiction (d) None of the above Ans. (b) Q.5. What is the correct chronological sequence of the following advisory opinions given by the Supreme Court under Article 143 of the Constitution of India? 1. In re Delhi laws Act case 2. In re Berubari case 3. In re the Sea Customs Act 4. The Special Court Reference case Select the correct answer using the codes given below: Codes: (a) 1, 2, 3, 4 (b) 2, 1, 3, 4 (c) 2, 3, 4, 1
(d) 2, 4, 3, 1 Ans. (a) Q.6. It is inappropriate for a petitioner in Public interest litigation to: (a) write to any single Judge of the Supreme Court (b) act pro bono publico (c) withdraw proceedings as of right and further to claim that they shall not be continued (d) ask for a direction for new legislation Ans. (c) Q.7. Appellate jurisdiction of the Supreme Court in appeals from High Courts in regard to civil matters pertains only to a: (a) substantial question of law (b) question of law (c) question of fact (d) mixed question of fact and law Ans. (a) Q.8. A person whose petition for Habeas Corpus has been. refused by the High Court on merits, seeks to move the Supreme Court by an original petition. According to the Constitutional Law of India. (a) his petition in the Supreme Court is barred by the rule of res judicata (b) his petition is maintainable because his right .to move the Supreme Court for the enforcement of his fundamental right is itself a fundamental right which cannot be limited by rule of res judicata (c) he can approach the Supreme Court only by way of appeal and not by original petition (d) he can move the Supreme Court for the same writ because the rule of res judicata will not apply in this case Ans. (d) Q.9. Amendment of which one of the following provisions of the Constitution requires ratification by the Legislatures of the States? (a) Article 157 relating to the qualifications for appointment as Governor of the State (b) Article 123 relating to the powers of the President to promulgate ordinances on a subject mentioned in Concurrent List during the recess of the Parliament (c) Article 56 relating to the term of the office of the President (d) Article 54 relating to the election of the President Ans. (d) Directions The following questions consist of two statements, one labelled the Assertion (A) and the other labelled the Reason (R). You are to examine these two statements carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the reason is correct explanation of the Assertion. Select you answers to these questions using the codes given below and mark our answer sheet accordingly. (a) Both A and Rare true and R is the correct explanation of A. (b) Both 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. Q.10. Assertion (A): An accused person has been guaranteed the right to be informed of the nature and cause of accusation. Reason (R): The accused person can get his conviction quashed upon vague and obscure charges. Ans. (a)
Q.11. Assertion (A): The entries in the three legislative lists are not always set out with scientific precision and definition. Reason (R): The entries are not power but are only fields of legislation. Ans. (b) Q.12. Assertion (A): The Constitution vests the executive powers of the Union in the President of India. Reason (R): President of India is the Constitutional head of the State. Ans. (a) Q.13. Which one of the following statements is correct? (a) The President may continue to be a member of Parliament even after assuming charge, of Presidential office (b) The President is not barred from holding any other office of profit even after assuming ‗charge of Presidential office‘ (c) The President is entitled to use his official residence only on payment of the rent fixed (d) The emoluments and allowances of the President shall not be diminished during his term of office Ans. (d) Q.14. The President of India is elected by an electoral college consisting of: (a) elected members of the Council of State and the House of the People (b) elected members of both the House of Parliament and the State Assemblies (c) member of the Council of States, the State Legislative Councils and members of the Union Territorial Assemblies (d) members of municipalities, local bodies and panchayats, graduates of three years standing, teacher of higher educational institutions and members of state assemblies Ans. (b) Q.15. Which one of the matched? (a) Writ of Habeas Corpus : available against private individual as well (b) Writ of Quo-Warranto : available against (c) Writ of Certiorari : subordinate courts only available against (d) Writ of Prohibition : available against public servants only Ans. (a) Q.16. Which one of the following statements is correct? (a) The original jurisdiction of the Supreme Court is unlimited (b) A dispute between one State and another can only be dealt with by the Supreme Court (c) The Supreme Court must admit appeal from any judgment or order made by any court (d) All courts including the Supreme Court are bound by a Supreme Court decision Ans. (b) Q.17. The Supreme Court has given advisory opinions in the following cases: 1. In re Kerala Education Bill case 2. In re Keshav Singh case 3. In re Delhi Laws Act case The chronological order in which the above cases appeared is: (a) l, 3, 2 (b) l, 2, 3 (c) 3, 1, 2 (d) 2, 1, 3 Ans. (c)
Q.18. Consider the following statements: A member of the Union Public Service Commission: 1. is appointed by the President of India 2. is ineligible for re-appointment to that office. 3. holds office for a period of 6 years or till the age of 60 years, whichever is earlier. Of the above Statements (a) 1, 2 and 3 are correct (b) 1 and 2 are correct (c) 2 and 3 are correct (d) 1 and 3 are correct Ans. (a) Q.19. Parliament has power to legislate with respect to a matter in the State list provided it is in the: (a) national interest (b) interest of the State concerned (c) interest of the public (d) interest of the minority Ans. (a) Q.20. Residuary powers are vested in the: (a) executive (b) judiciary (c) parliament (d) state Legislatures Ans. (C) Q.21. In case of inconsistency between laws made by Parliament and the laws made by the State Legislatures, which one of the following shall prevail? (a) The law made by Parliament before the law made by the legislature of the State (b) The law made by Parliament after the law made by the legislature of the State (c) The law made by Parliament before or after the law made by the legislature of the State (d) The law made by the legislature of the State Ans. (c) Q.22. Which one of the following is the correct statement of the decision in D.C. Wadhwa vs. State of Bihar? (a) President is entitled to promulgate ordinances during the recess of the Parliament (b) Colorable re-promulgation of ordinances is unconstitutional (c) Article 123 empowers of the President to issue successive ordinances (d) Governor‘s power of re-issuance of ordinances cannot be questioned in the Court of Law Ans. (b) Q.23. ―What cannot be done directly cannot be done indirectly.‖ This statement epitomizes the doctrine of: (a) pith and substance (b) implied powers (c) ancillary powers (d) colorable legislation Ans. (d) Q.24. The regional imbalances in resources and financial inequalities can be reduced by (a) transferring Union List taxes to the State List (List-II) of the Seventh Schedule to the Constitution. (b) assignment of taxes levied collected by the Union to the States.
(c) sharing of taxes on income and corporation tax between the Union and the States. (d) grants in aid of the revenues to the States Ans. (d) Q.25. A law made by Parliament having extra-territorial operation shall: (a) not be deemed invalid (b) be deemed invalid (c) be deemed ultravires (d) be deemed unconstitutional Ans. (a) Q.26. Assertion (A) : An imminent danger of war or external aggression is not enough for the proclamation of emergency. Reason (R): The Proclamation of Emergency shall cease to operate at the expiration of one month unless approved by both the Houses of Parliament. Ans. (d) Q.27. The doctrine of prospective overruling was first evolved by Chief Justice Subba Rao in: (a) Golaknath vs. State of Punjab (b) Sajjan Singh vs. State of Rajasthan (c) Kesavananda Bharati vs. State of Kerala (d) Shankari Prasad vs. Union of India Ans. (a) Q.28. A Constitutional amendment shall also be ratified by legislatures of not less then one-half of the States by a resolution if it is meant to make any change in: (a) Fundamental Right (b) Directive Principles (c) Fundamental Duties (d) Entrenched Provisions Ans. (d) Q.29. Which one of the following Amendments inserted the words ―Nothing in Article 13 shall apply to any amendments made under this Article‖ in Article 368? (a) Forty-second Amendment Act (b) Forty-fourth Amendment Act (c) Twenty-fourth Amendment Act (d) Twenty-second Amendment Act Ans. (c) Q.30. The Constitution of India as framed by the Constituted Assembly was finally adopted and enacted on: (a) 15th August, 1947 (b) 30th January, 1948 (c) 26th November, 1949 (d) 26th January, 1950 Ans. (c) Q.31. Consider the following statements: The salient features of the Indian Constitution provide for: 1. single citizenship for the whole of India 2. strictly federal form of government 3. unique blend of rigidity and flexibility
Of the above statements: (a) 1, 2 and 3 are correct (b) 1 and 2 are correct (c) 2 and 3 are correct (d) 1 and 3 are correct Ans. (d) Q.32. The words ―Socialism‖ and ―Secular‖ were inserted in the Preamble by the: (a) Fifteenth Amendment (b) Thirty-ninth Amendment (c) Forty-second Amendment (d) Forty-fourth Amendment Ans. (c) Q.33. Which one of the following pairs is correctly matched? (a) Republic : Head of the State is hereditary monarch (b) Sovereign : Constitution rests on the people‘s will (c) Democratic : Constitution does not recognize legal supremacy of another country (d) Secular : State is without any religion of its own Ans. (d) Q.34. Assertion (A): Speaking on Article 32 in the Constituent Assembly, Dr. Ambedkar described the Article as the very soul of the Constitution. Reason (R): Article 32 provides effective remedies against violation of fundamental rights. Ans. (a) Q.35. Which one of the following pairs is not correctly matched? (a) Freedom of speech and expression : Include the freedom of Press (b) Freedom of conscience : Include the right to wear and carry kirpans by Sikhs (c) Right to personal liberty : Include the right to carry on any trade or business (d) Right to equality : Include the principle of natural justice Ans. (c) Q.36. In which one of the following cases did the Supreme Court hold that an amendment of the Constitution under Article 368 was ‗Law‘ within the meaning of Article 13? (a) Golaknath vs. State of Punjab (b) Sajjan Singh vs. State of Rajasthan (c) Shankari Prasad Singh Deo vs. Union of India. (d) Keshavananda Bharati vs. State of Kerala Ans. (a) Q.37. Right to work in India is a: (a) fundamental right (b) directive principle (c) statutory right (d) constitutional duty Ans. (b) Q.38. Which one of the following is not a Directive Principle of State Policy? (a) The State shall endeavor to secure for the citizens uniform civil code
(b) The State shall promote with special care the educational and economic interest of the weaker sections (c) The State shall endeavor to promote adult education to culminate illiteracy (d) The State shall endeavor to protect every monument, place or object of artistic or historic interest Ans. (c) Q.39. Part IV-A was added to the Constitution of India by the: (a) Twenty-fifth Amendment Act (b) Forty-second Amendment Act (c) Forty-fourth Amendment Act (d) Fifty-second Amendment Act Ans. (b) Q.40. In accordance with the text of the Constitution, a reasonable restriction in the interest of ‗sovereignty and integrity‘ of India can be imposed on the right to: (a) freedom of speech and expression (b) move freely throughout the territory of India (c) reside and settle in any part of the territory of India (d) carry on any occupation, trade or business. Ans. (a) Q.41.The term ‗State‘ as mentioned in Article 12 of the Constitution of India includes: (a) Life Insurance Corporation of India (b) Indian Law Institute (c) Institute of Constitutional and Parliamentary studies (d) Affiliated but privately owned and managed colleges Ans. (a) Q.42. Once the proclamation of emergency is made, the right of a citizen to move the Supreme Court for enforcement of his fundamental rights is suspended by the: (a) Prime Minister of India (b) President of the Lok Sabha (c) Speaker of the Lok Sabha (d) Chief Justice of India Ans. (b) Q.43. Respect for the National Flag and the National Anthem is: (a) a fundamental right of every citizen (b) a fundamental duty of every citizen (c) a directive principle of state policy (d) an ordinary duty of every citizen Ans. (b) Q.44. The Executive power of the Union Government is vested in the President of India. The President shall exercise these powers: (a) himself (b) directly or through officers subordinate to him, if he so desires (c) either directly or through officers subordinate to him in accordance with the provisions of the Constitution (d) Only on the advice of Prime Minister. Ans. (c)
Q.45. The Supreme Court does not have original jurisdiction regarding a dispute between: (a) the Government of India and a State or States (b) the Government of India and one State on one side and one or more States on the other Side (c) two States (d) a citizen and a State Ans. (d) Q.46. Which one of ‗the following is not an automatic consequence of the proclamation of emergency? (a) Suspension of the enforcement of fundamental rights except those conferred by Articles 20 and 21 (b) Extension of the Union‘s executive power to the issue of directions to any State as to the manner in which its executive power has to be exercised (c) Extension ‗of the power of Parliament to the making of legislation in regard to items of the State List (d) Suspension of Article 19 Ans. (a) Q.47. An amendment of the Constitution of India for the purpose of creating a new state in India must be passed by: (a) simple majority in Parliament (b) a simple majority in Parliament and ratification by not less than half of-the states (c) two-thirds majority in Parliament and ratification by not less than two-third of the states (d) two-third of the members of both houses of Parliament present and voting Ans. (a) Q.48. A retired judge of a High Court cannot: (a) practice in the Supreme Court (b) practice in any High court in India (c) practice in any High Court from where he has retired (d) practice in any court in India Ans. (c) Q.49. Which one of the following has been considered supreme as a course of power? (a) Supreme Court of India (b) Parliament of India (c) President of India (d) Constitution of India Ans. (d) Q.50. Consider the following statements: The Indian Constitution is: 1. an unwritten constitution 2. a written constitution 3. largely based on the Government of India Act, 1935. 4. a gift of British Parliament Of these statements: (a) 2 and 4 are correct (b) 2 and 3 are correct (c) 1 and 4 are correct (d) 1 and 3 are correct Ans. (b)
LAW model paper SEBI Officer Grade-A Legal Stream LAW model paper SEBI Officer Grade-A Legal Stream Legal Stream SEBI sample paper for manager officer Grade Officer Grade-A Legal Stream Objective Solved paper Online Solved paper Q.1. ‗Acquisition of res nullius‘ is: (a) original acquisition of ownership (b) derivative acquisition of ownership (c) mere custody of the thing (d) accessory acquisition of ownership Ans. (a) Q.2. The cancellation of the driving license of a person is an example of: (a) expiratory theory (b) preventive theory (c) reformative theory (d) deterrent theory Ans. (b) Directions The following questions consist of two statements, one labelled the Assertion (A) and the other labelled the Reason (R). You are to examine these two statement carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the reason is correct explanation of the Assertion. Select you answers to these questions using the codes given below and mark our answer sheet accordingly. (a) Both A and Rare true and R is the correct explanation of A. (b) Both 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. Q.3. Assertion (A): For legal duty, sanction is an essential element attached for its breach. Reason (R): Presence of sanction is the test of legal duty. Ans. (a) Q.4. Which one of the following statements is related to Salmond ?
(a) Jurisprudence is lawyer‘s perspective (b) Jurisprudence is formal science of positive law (c) Jurisprudence is science of the first principle of civil law (d) Jurisprudence is the scientific synthesis of‘ all principles of law Ans. (c) Q.5. According to Austin, sanction is: (a) the permission to do an act (b) the evil consequence of disobeying the command of the sovereign (c) a right granted by law (d) a power to inflict punishment Ans. (b) Q.6. Match List-I (Jurists) with List-II (Definitions) and select the correct answer using the codes given below the Lists: List-I
List-II
(Jurists) (Definitions) A. Ulpian
1.Lawyer‘s
extra version
B. Julius Stone
2. Science of just and unjust.
C. Patterson
3.Philosophy of positive law
D. Austin
4. Social Science
Codes: ABCD (a) 4 3 2 1 (b) 2 1 4 3 (c) 4 1 2 3 (d) 2 3 4 1 Ans. (b) Q.7. Consider the following statements:
(a) Laws are commands. (b) The analysis of legal concept is distinct from sociological and historical inquiries. (c) Decisions can be deducted logically with recourse to morality (d) The law as it is has to be kept separate from the law and ought to be. Which of the statements given above are related to positivism? (a) 1, 2 and 4 (b) 1, 2 and 3 (c) 2, 3 and 4 (d) 1 and 4 Ans. (a) Q.8. Which one of the following statements is not related is the Natural Law School? (a) Evaluation of any part of the law must be done in terms of its effects (b) There is a connection between means and ends (c) Justice originates in pure practical reason (d) Law consists of means of achieving ends Ans. (a) Q.9. Ratio decidendi of a case is which one of the following? (a) The order of the court in the case (b) The final decree passed by the Court (c) The underlying principle or legal reasons on which the result of the case depends (d) The part of the judgment which has persuasive effect Ans. (c) Q.10. Match List-I with List-II and select the correct answer using the codes given below the Lists: List-I A. Savigny B. Hegel C. Herbert Spenser
List-II 1.Evolutionary concept of history 2.Evolution . with laissez-fair 3.Status to contract
D. Henry Maine
4.Reflection of spirit of people in legal system
Codes: ABCD (a) 3 2 1 4 (b) 4 1 2 3 (c) 3 1 2 4 (d) 4 2 1 3 Ans. (d) Q.11. Consider the following statements: 1. Law is not made, but is already available in the soul of human beings 2. The nature of legal system is a reflection of spirit of the people 3. Law grows with the growth and strength with the strength of the people 4. Customary law dies when law is codified Which of the statements given above are related to the ―Volksgeist‖ theory propagated by Savigny? (a) l, 2 and 3 (b) 2, 3 and 4 (c) l, 3 and 4 (d) l and 4 Ans. (b) Q.12. Match List (Statement) with List-II (Author) and select the correct answer using the codes given below the Lists: List-I (Statement)
List-II (Author)
A. Sociological School is ‗metajuristic‘
1.Julius Stone
B. Formal analysis of the structure of English law
2.Bentham
C. Jurisprudence is lawyer‘s extra version D. Distinguishes between expositional and censorial law
3.Austin 4.Kelsen
Code: ABCD (a) 4 2 1 3 (b) 1 3 4 2 (c) 4 3 1 2 (d) 1 2 4 3 Ans.(c) Q.13. Consider the following statements: 1. The outstanding fact of the society is the interdependence of men 2. The doctrine of sovereignty has become meaningless 3. Laws should be treated from the angle of purpose 4; The only right which any man can possess is the right always to do his duty Which of the statements given above can be subscribed to Duguit? (a) 2 and 3 (b) 1 and 4 (c) 1, 2 and 3 (d) 1, 2 and 4 Ans. (d) Q.14. Which one of the following rights is a right in re-propia.? (a) Easement (b) License (c) Lessee‘s right (d) Ownership Ans.(d) Q.15. Legislation grows out of theory but customary law grows of practice. The existence of legislation is essential which one of the following? (a) de facto
(b) de jure (c) Both de facto and de jure (d) Dependent on recognition Ans. (b) Q.16. Match List-I (Jurists) with List-Il (Theory) and select the correct answer using the codes given below the Lists: List-I
List-II
(Jurists)
(Theory)
A. Ihering
1. Social solidarity
B. Bentham
2. Social engineering
C. Roscoe Pound
3. Social control
D. Duguit
4. Pleasure pain
Codes: ABCD (a) 3 1 2 4 (b) 2 4 3 1 (c) 3 4 2 1 (d) 2 1 3 4 Ans. (c) Ans. (c) Q.17. For a valid custom, there are certain prerequisites. Which one out of the following conditions of a valid custom is not correct? (a) Custom must be continuous (b) Custom must be reasonable (c) Custom might be contrary to statutory law (d) Custom must not be immoral Ans. (c)
Q.18. Consider the following statements: 1. Human being alone can be subjects of jural relations. 2. The members of a corporation and the beneficiaries of a foundation are the only ‗person‘. 3. Juristic persons are treated as if they are human beings. 4. The dignity of being a juristic person has to be conceded by the state. Which of the statements given above is/are related to the purpose theory? (a) 4 only (b) 2 and 3 (c) 1 and 4 (d) 1 only Ans. (d) Q.19. A tenant went to jail for two years leaving his mistress in occupation. The mistress also left after sometime. The tenant claimed that he remained in possession. Consider the following statements: 1. The tenant remained in possession as he had left his mistress in occupation. 2. The tenant did not remain in possession as he has gone to jail for two years. 3. The tenant was being unfair and as such he did not remain in possession. 4. The tenant remained in possession as he has been fair Which one of statements given above is/are correct? (a) 2 and 3 (b) 1 and 3 (c) 1 only (d) 4 only Ans. (c) Q.20. X allows Y to put his goods in a room of X‘s house. Y sends his agent Z to put the goods in the room. Z puts the goods in the room, locks it up and keeps the key with him. Who is in possession of the room?
(a) X (b) Y (c) Z (d) Both X and Z Ans. (b) Q.21. Which of the following is an element of Ihering theory of possession? (a) Overemphasis on the element of animus (b) Equal emphasis on the elements of animus and corpus (c) Owner like appearance in relation to a thing (d) Immediate physical power to exclude any foreign agency. Ans. (c) Q.22. Ownership without possession can be termed as which one of the following? (a) No ownership (b) Quasi ownership (c) Incomplete ownership (d) No-corporeal ownership Ans. (d) Q.23. Which one out of the following statements is not correct with reference to Savigny‘s theory of Volksgeist? (a) Law cannot be universal or general in character (b) Law is found and not made (c) Law grows with the growth and strengthens with the strength of people (d) Law is an instrument of social change and social reform Ans. (d) Q.24. Who among the following propounded the theory of possession which lays stress not on animus, but on de facto control? (a) Salmond
(b) Pollock (b) Pollock (c) Holmes (d) Jhering Ans. (b) Q.25. ‗A‘ borrowed a sum of Rs. 5,000/- from ‗B‘, which he did not repay for a period of three years. Now which one of the following rights does ‗B‘ have against ‗A‘? (a) Perfect right (b) Imperfect right (c) Proprietary right (d) None of the above Ans. (b) Q.26. What do Rights in re-aliena mean ? (a) Rights in the things of others (b) Rights in one‘s own things (c) Rights relating to property (d) Rights to receive damages Ans. (a) Q.27. Match List-I with List-II and select the correct answer from the codes given below the List: List-I
List-Il
A. Supreme Legislation
1.Law based on discretion of the authority
B. Executive Legislation
2. Law enacted by authority other than legislature
C. Debated Legislation
3. Law enacted by the legislation
D. Conditional Legislation made by judges with the case Codes:
4. Ordinance issued by the resident/Governor Law
ABCD (a) 3 4 2 1 (b) 2 1 5 4 (c) 3 1 2 4 (d) 2 4 5 1 Ans. (a) Q.28. Who among the following divided the sources of law into formal sources and material sources? (a) Allen (b) Keeton (c) Salmond (d) Gray Ans. (c) Q.29. Why is the expiatory theory of punishment obsolete now? (a) It does not empower the State to impose punish (b) It is incapable to reform the wrong doer (c) It is based on moral doctrines (d) It enlarges the limits of jurisprudence Ans. (c) Q.30. Eugen Ehrlich is a well known Jurist of sociological school of jurisprudence. Which one of the following statements may not be attributed to the theory propounded by him? (a) Law is derived from social facts (b) Law depends on social compulsion (c) There is a ‗living law‘ underlying the formal rule of the legal system (d) State law has significant influence on shaping and development of living law Ans. (d) Q.31. Balancing of social interests and the doctrines of social engineering is the greatest contribution to sociological school. This is attributed to whom? (a) Duguit
(b) Roscoe Pound (c) Savigny (d) Jhering. Ans. (b) Q.32. Which of the following factors are responsible for the resurgence in favour of natural law thinking in the twentieth century ? 1. The decline in social and economic stability in the twentieth century 2. The expansion in government activity 3. Growth of weapons of destruction and policies of. genocide 4. Growing inclination of people towards religion Select the correct answer using the codes given below: (a) 2, 3 and 4 (b) 3 and 4 (c) 1, 2 and 6 (d) 1 and 4 Ans. (c) Q.33.Match List-I (Jurists) with List-II (View About Law/Jurisprudence) and select the correct answer using the codes given below the Lists: List-I (Jurists)
List-II (View About Law/Jurisprudence)
A. Bentham
1. Concept of law
B. Austin
2. Pure theory of law
C. Kelsen
3. Limits of jurisprudence defined
D. Hart 5. Concept of living law Codes: ABCD (a) 1 2 5 3
4. Province of jurisprudence determined
(b) 3 4 2 1 (c) 1 4 2 3 (d) 3 2 5 1 Ans. (b) Q.34. There is a clear cut division between the spheres of the legislature and the judiciary. The former makes the laws and the latter applies them. Which one of the following propounds this doctrine ? (a) Analytical jurisprudence (b) Historical jurisprudence (c) Sociological jurisprudence (d) Philosophical jurisprudence Ans.(a) Q.35. It is said that the next step forward in the long path of man‘s progress must be from jurisprudence to jurimetrics. In this context, what does jurimetrics signify? 1. Speculation about law 2. Scientific investigation of legal problems 3. Increasing awareness of the fruits of interdisciplinary co-operation 4. Relationship between law, economy and society Select the correct answer using the codes given below: (a) 1, 2 and 3 (b) 2, 3 and 4 (c) 1,3and4 (d) 1, 2and 4 Ans.(b) Directions The following questions consist of two statements, one labelled the Assertion (A) and the other labelled the Reason (R). You are to examine these two statement carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the reason is correct explanation of the Assertion. Select you answers to these questions using the codes given below and mark our answer sheet accordingly.
(a) Both A and Rare true and R is the correct explanation of A. (b) Both 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. Q.36. Assertion (A) : Austin does speak of the science of law Reason (R) : Science of law and philosophy of positive law are synonymous to him. Ans. (c) Q.37. The Constitution of India is federal in character because (a) the Head of the State (the President) is elected by an electoral college cOnsisting of the elected members of both the Houses of Parliament and the elected members of the Legislative Assemblies of the States (b) the Governors of States are appointed by the President and they hold office during the pleasure of the President (c) there is distribution of power between the Union and the States (d) the amendment of the Constitution can be made only by following the procedure laid down in the Constitution and in some cases the amendment requires ratification by Legislatures of the States Ans. (c) Q.38. Consider the following judgments delivered by the Supreme Court of India in: 1. Keshvananda Bharati v. State of Kerala 2. Re Berubari 3. Excel Weary. Union of India The correct chronological sequence of the above judgments is: (a) 1, 3, 2 (b) l, 2, 3 (c) 3, 1, 2 (d) 2, 1, 3 Ans. (d) Q.39. After which one of the following Supreme Court decisions was the special provision for socially and educationally backward classes introduced by an amendment of the Constitution? (a) Balaji v. State of Mysore (b) State of Madras v. Champakam Dorairajan
(c) Devadasan v. Union of India (d) Periakaruppan v.State of Tamil Nadu. Ans. (b) Q.40. An Electricity Board terminated the Services of certain employees arbitrarily without giving notice. Which one of the following alternative remedies can be best adopted by the concerned employees? (a) The employees can move the High Court by a writ as Electricity Board is included within the definition of State. (b) The employees can make an appeal to the State Government. (c) The employees can move the High Court after getting the permission of Electricity Board only. (d) The employees can directly approach the Supreme Court for violation of a fundamental right Ans. (a) Q.41. Which one of the following is NOT ‗State‘ for the purpose of Article 1.2 of the Constitution? (a) National Council of Educational Research and Training (NCERT) (b) A nationalized bank (c) Institute of Medical Education and Research Chandigarh (d) Grih Katyan Kendra Ans. (a) Q.42. Under the Indian Constitution, which one of the following is NOT a specific ground on which the State can place restrictions on freedom of religion? (a) Public order (b) Morality (c) Social Justice (d) Health Ans. (c) Q.43 .Which of the following statements are true with regard to the Fundamental Right of the minorities in educational matters? 1. The minority has only the right to administer the educational institutions. 2. The . minority has the right to. establish and administer educational institutions. 3. The right is absolute and not subject to any restriction.
4. Reasonable restrictions may be imposed to promote efficiency and prevent maladministration. Select the correct answer using the codes given below: Codes: (a) 1, 2 and 3 (b) 2 and 4 (c) 2, 3 and 4 (d) 1 and 3 Ans. (b) Q.44. Arrange the following decision of the Supreme Court on Fundamental Right relating to personal liberty in the correct chronological sequence: 1. Menaka Gandhi v. Union of India 2. A.D.M. Jabalpur v. Shiva Kant Shukla 3. A.K.Gopalan v. State of Madras Select the correct answer using the codes given below: Codes: (a) 3, 2, 1 (b) 2, 1, 3 (c) 2,3, l (d) 1, 2, 3 Ans. (a) Q.45. Fundamental duties have been add in the Constitution by 42nd Amendment Act, 1976 in accordance with the recommendations of: (a) Santhannam Committee (b) Sarkaria Committee (c) Swaran Singh Committee (d) Indira Gandhi-Nehru Committee Ans. (c)
Q.46. ―Provisions relating to fundamental duties cannot be enforced by writs. They can be only promoted by constitutional methods. But they can be used for interpreting ambiguous statutes.‖ In which one of the following cases was the aforesaid principle enunciated? (a) Moti Lal v. State of U.P. (b) Civil Rights Committee v. Union of India (c) Head Masters v. Union of India (d) Magan Bhai v. Union of India Ans. (c) Q.47. Who among the following holds his/her office at the pleasure of the President? (a) Chairman of the Union Public Service Commission (b) Attorney General of India (c) Speaker of the Lok Sabha (d) Comptroller and Auditor General of India Ans. (b) Q.48. In the event of occurrence of vacancies in the offices of both, the President and the Vice-President of India, who among the following shall discharge the functions of the President till a new President is elected? (a) Speaker of the Lok Sabha (b) Leader of the majority party in the Lok Sabha (c) Chief Justice of India (d) Senior-most Governor. Ans. (c) Q.49. The executive power of the Union is vested in the: (a) Union Cabinet (b) President of India (c) Prime Minister (d) Union Council of Ministers Ans. (b)
Q.50. Who among the following can establish additional courts for better administration of any existing law with respect to a matter concerned in the Union List? (a) Chief Justice of India (b) High Court of the concerned State (c) Parliament (d) Concerned State Legislature Ans. (c)
law questions for free law questions for free online free law questions Free exam questions on law prepare for legal job exams Directions The following questions consist of two statements, one labelled the Assertion (A) and the other labelled the Reason (R). You are to examine these two statement carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the reason is correct explanation of the Assertion. Select you answers to these questions using the codes given below and mark our answer sheet accordingly. (a) Both A and Rare true and R is the correct explanation of A. (b) Both 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. Q.1. Assertion (A): A person in possession of a thing is deemed to be the owner of the thing possessed. Reason (R): Possession is as good as ownership. Ans. (c) Q.2. Assertion (A): A finder of a thing has title to it. Reason (R): The finder‘s title to a thing is superior to that of the true owner. Ans.(c) Q.3. Who among the following said that there is in essence no difference between the legal personality of a company and that of an individual? (a) Maitland (b) Dicey (c) Gierke (d) Kelsen Ans. (d) Q.4. A child in the mother‘s womb is: (a) a legal person from the time of conception provided it is born alive (b) a legal person from the time of conception even if it dies before it is born (c) not a legal person (d) a legal person the time of conception provided it lives up to seven years Ans. (a) Q.5. Consider the following statements: 1. All citizens are natural persons 2. All business associations are legal persons 3. All legal persons are natural persons Which of the above statement(s) is/are correct? (a) 1 alone (b) 1 and 2 (e) 2 and 3 (d) l, 2 and 3 Ans. (a) Q.6. Who among the following jurists has defined ‗ownership‘ as a right over a determinate thing indefinite in point of user unrestricted in point of disposition and unlimited in point of duration?
(a) Austin (b) Bentham (c) Holland (d) Salmond Ans. (a) Q.7. According to one of the theories of punishment, ‗evil‘ should be returned by ‗evil‘. This theory is known as the: (a) deterrent theory (b) retributive theory (c) preventive theory (d) reformative theory Ans. (b) Q.8. According to John Austin, ‗Positive‘ law is called positive because it is (a) made by a person in authority (b) made as a result of collective will of the people (c) made as a result of divine providence (d) followed by everybody Ans. (a) Q.9. ‗Natural Law with Variable Content‘ means in the realization of justice, the specific content of a rule of positive law will vary from place to place and from time to time. This theory has been propounded by: (a) Rudolf Stammler (b) Joseph Kohler (c) David Hume (d) Hugo Grotius Ans. (a) Q.10.Match List-I with List-II and select the correct answer from the codes given below the Lists: List-I List-II A. Jural postulates 1. Aquinas B. Spirit of the people 2. Pound C. Grundnorm 3. Kelsen D. Reason and will in law 4. Savigny Codes: ABCD (a) 2 4 3 1 (b) 2 4 3 1 (c) 2 4 1 3 (d) 4 2 1 3 Ans. (a) Q.11. Match List-I with List-II and select the correct answer from the codes given below the Lists: List-I List-II A. Fuller 1.Status to contract B. Bentham 2. Social solidarity C. Maine 3. Inner morality D. Duguit in law 4.Utilitarianism Codes: ABCD (a) 4 3 2 1 (b) 3 4 2 1
(c) 4 3 1 2 (d) 3 4 1 2 Ans. (d) Q.12. A legal custom has to possess a sufficient measure of antiquity. ‗Sufficient‘ under English laws means that it must have existed since before 1189. The law in India: (a) is similar to English law, that is, the custom must have existed since before 1189 (b) does not need a fixed period for which custom must have been in existence for its validity (c) is that, a custom to be valid must have its existence since Vedic period (d) is that antiquity is not essential for the validity of a custom Ans. (b) Q.13. Consider the following statements: A custom acquires binding for be of law when the following requisites are fulfilled: 1. Specificity, spontaneity, efficacy 2. Continuity, conformity to statutory law 3. Antiquity, certainly, consistency Which of the above statements are correct? (a) 1 and 3 (b) 2 and 3 (c) 1 and 2 (d) 1, 2 and 3 Ans. (b) Q.14. Which one of the following statements is correct with reference to ‗Reversal‘ and Overruling? (a) They are interchangeable words having the same meaning (b) Overruling occurs when a decision given by a lower court is not accepted by an appellate court in appeal whereas reversal takes place when a higher court or the same court declares a decision to be wrong in a subsequent case (c) Reversal occurs when a decision given by a lower court is not accepted by an appellate court or the same court declares a decision to be a wrong in a subsequent case (d) Reversal takes place when a decision of a foreign court is not accepted by the High Court or Supreme Court whereas overruling occurs when an earlier decision of the High Court or Supreme Court is not accepted subsequently Ans. (c) Q.15. Lower Courts in India are bound by the decisions of higher courts. This means that the lower courts are bound by: (a) all the points which were touched upon by the higher in its decision (b) only ratio decidendi and obiter dicta of the judgment of the higher court (c) only the ratio decidendi of the judgment of the higher court (d) only the obiter dicta of the judgment of the higher court Ans. (b) Q.16. Match List-I with List-II and select the correct answer from the codes given below the Lists: List-I List-II A. Privilege 1. Gives content to the claim of a person B. Duty 2. Freedom from claim of another C. Power 3. Have no correlative claim of another D. Absolute duty 4. Ability of a person to change legal relations Codes: ABCD (a) 1 2 4 3
(b) 2 1 4 3 (c) 1 2 3 4 (d) 2 1 3 4 Ans. (b) Q.17. ―I have a right to do sp as I please.‖ The term ‗right‘ in this statement refers to: (a) claim (b) power (c) liberty (d) immunity Ans. (c) Directions The following questions consist of two statements, one labelled the Assertion (A) and the other labelled the Reason (R). You are to examine these two statement carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the reason is correct explanation of the Assertion. Select you answers to these questions using the codes given below and mark our answer sheet accordingly. (a) Both A and Rare true and R is the correct explanation of A. (b) Both 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. Q.18. Assertion (A): The Supreme court of India not bound by its own previous decisions. Reason (R): The Supreme Court of India has pronounced that even the obiter dicta made by it are binding and expected to be obeyed and followed. Ans. (c) Q.19. Assertion (A): Pound, Ehrlich. Dugyut. etc. have considered law as a social institution. Reason (R): Law is a function of society and aims at preventing conflicts in society furthering social ends. Ans. (a) Q.20. Assertion (A): Law is an instrument of social change. Reason (R): The aim is to build as efficient a structure of society as possible which requires the satisfaction of the maximum wants with the minimum of friction and Ans. (a) Q.21. Assertion (A): Rules of international law do not as yet constitute a ‗system‘ but are merely a ‗set of rules‘. Reason (R): International law ha no grundnorm. Ans. (c) Q.22. ‗A statement of law is nothing more than a prediction of that the courts will decide, is the main foundation: (a) Historical School (b) Sociological School (c) Realist School (d) Natural Law School Ans. (c) Q.23. Which one of the following writers has divided jurisprudence into Particular Jurisprudence and General Jurisprudence? (a) Austin (b) Bentham (c) Holland
(d) Salmond Ans. (a) Q.24. That true is right reason in agreement with nature was propagated by: (a) Salmond (b) Grotius (c) Hart (d) Cicero Ans. (d) Q.25. Natural law theory has gained attractions largely because: (a) it is universally accepted (b) it is philosophical in nature and spontaneously formulated (c) it is age-old and established (d) it promises to find common moral ground for different religious and outlooks Ans. (b) Q.26. A conventional custom is legally binding because it is: (a) generally accepted by the parties (b) creation of the legal system (c) created by parties out of necessity (d) incorporated in the contract between the parties Ans. (d) Q.27. The binding force of precedent is destroyed or weakened by: (a) public opinion (b) abrogated decision (c) res judicata (d) lis pendens Ans. (b) Q.28. ‗Legal rights are legally protected interests‘. Which one of the following jurists made the above statement? (a) Gray (b) Salmond (c) Ihering (d) Holland Ans. (c) Q.29. The analysis of rights into four pairs of correlatives was done by: (a) Pound (b) Radin (c) Hohfeld (d) Kocourek Ans. (c) Q.30. Which one of the following right is an accessory right? (a) A right reputation (b) A right to bodily security (c) An easement (d) Ownership of a piece of land Ans. (c)
Q.31. Which one of the following can be said to be aright inrepropria? (a) The right of a lessee (b) Easement (c) The right of a mortgagee (d) Ownership of land Ans. (d) Q.32. The birth and death of legal persons are determined by: (a) nature (b) custom (c) Jaw (d) precedent Ans. (c) Q.33. Austin defines ownership as a ‘right over a determinate thing indefinite in point of uses, unrestricted in point of disposition and unlimited iii point of duration‘. Which one of following writers is the principal critic of this definition? (a) Savigny (b) Hibbert (c) Osborn (d) Allen Ans. (b) Q.34. Possession has been recognized under Common Law on the principle of (a) best right to possess (b) better right to possess (c) possession in time (d) joint possession Ans. (b) Q.35. In civil and criminal justice wrongs are advisable into: (a) good and bad (b) punishable and non-punishment (c) public and private (d) enforceable and non-enforceable Ans. (c) Q.36. Retribution under the retributive theory of punishment means the wrong doer: (a) is shunned by the society (b) pays for his wrong doing (c) is punishment by God (d) is morally reformed Ans. (b) Q.37. It is generally agreed that the definition of law has consumed so much time and energy because.: (a) the nation of law is different in difference countries (b) law is a very difficult subject (c) it is surrounded with philosophical perplexities (d) there is linguistic variation on the issue Ans (a) Q.38. The expression ‗law‘ in relation to Jurisprudence means: (a) law in its abstract sense only
(b) positive law only (c) fundamental legal principles (d) theories of punishment Ans. (c) Q.39. Right of ownership of a partner in a firm is: (a) sole ownership (b) co-ownership (c) legal ownership (d) corporeal ownership Ans. (b) Q.40. A has money in his pocket, this right is: (a) right in rem (b) tight in persona (c) right both in rem and persona (d) neither a right in rem nor in persona Ans. (a) Q.41. According to Austin. duties can be classified into two categories—relative and absolute. Absolute duties have no corresponding rights. Which one out of the following is not an absolute duty according to Austin? (a) Ditties towards God (b) Duties towards a person Q.42. Delegated legislation means: (a) the law that is delivered by lower judiciary (b) the law made by the state legislator-s (b) the law made by the administrative bodies (c) the law made by the Governor through ordinances Ans. (c) Q.43. Which one of the following is not a chief form of subordinate legislation? (a) Colonial legislation (b) Executive legislation (c) Municipal legislation (d) Judicial legislation by way of precedent Ans. (d) Q.44. Which one of the following statements is correct? (a) Judges declare law (b) Judges make new law (c) Judges declare law and also make law (d) Judges do not make law Ans. (c) Q.45. In which of the following categories did Henry Maine not divide society? (a) Static society (b) Progressive society (c) Socialistic society (d) None of the above Ans. (c)
Q.46. Which one of the following schools considers law as the means by which the individual‘s will is harmonized with the general will of the community? (a) Sociological school (b) Philosophical school (c) Historical school (d) Analytical ‗school Ans. (a) Q.47. Which one of the following theories of law considers Law as an instrument of suppression, its main function being to secure power relationship? (a) Philosophical theory of law (b) Hegel‘s theory of law (c) Marxist theory of law (d) Pollock‘s theory of law Ans. (c) Q.48. Kelsen‘s theory of law is free from ethics, politics sociology, history, religion etc. It must in other words be: (a) confined (b) defined (c) specified (d) pure Ans. (d) Directions The following questions consist of two statements, one labelled the Assertion (A) and the other labelled the Reason (R). You are to examine these two statement carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the reason is correct explanation of the Assertion. Select you answers to these questions using the codes given below and mark our answer sheet accordingly. (a) Both A and Rare true and R is the correct explanation of A. (b) Both 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. Q.49. Assertion (A): The important of legislation, as a source of law, is much more the other sources of law. Reason (R): Legislation is the only possible means to regulate the affairs of the modern society. Ans. (a) Q.50 Match List-I (Statement) with List-II (Jurist) and select the correct answer from the codes given below the Lists List-I List-II (Statement) (Jurists) A. He rejected a priori philosophical criticism of possession 1.Salmond B. He distinguished between possession in fact and possession in law 2.Holmes C. He put stress on tie facto control for possession 3. Savigny D. He said that possession consists of corpus possession is an 4.Pollock animus domini Codes: ABCD (a) 2 1 4 3 (b) 4 3 2 1 (c) 2 3 4 1 (d) 4 1 2 3 Ans. (a)
exam questions law exam questions law past exam paper law Exam Questions for Law Students law exam questions free online Q.1. A soldier found a brooch in a house which was compulsorily acquired by the Government for law purpose. The owner of the house had never gone into physical occupation of the house before it was requisitioned for the army. The person legally entitled to the brooch is: (a) the government (b) the owner of the house (c) the soldier (d) none of the above Ans. (c) Q.2. The meaning of the term ―mediate possession‖ is: (a) possession acquired through an agent. (b) title of the right and not the right itself (c) voluntary requirement of possession (d) continuous claim to a thing Ans. (a) Q.3. Kelsen‘s theory of law is called pure theory because, Kelsen: (a) purely discussed jurisprudence only (b) defined law in accordance with morality and purity (c) separated law from religion, ethics, sociology and history (d) discussed law purely in terms of justice Ans. (c) Q.4. ―Law as such is found and not made. It is to be found in popular faith, common convictions, customs, traits, habits, traditions which in course of time grow into legal rules‖. This concept of law was propounded by (a) Thibaut (b) Henry Maine (c) Savigny (d) Salmond Ans. (c) Q.5. Match List-I with List-II and select the correct answer using the codes given below the lists: List-I List-II A. Thomas Aquinas 1. Normative order B. John Austin 2. Command Theory C. Kelsen 3. Dictates of reasoning D. Raw 4. Theory of Justice 5. System of Rules Codes: ABCD (a) 2 3 1 4 (b) 4 2 5 1 (c) 3 1 4 2 (d) 3 2 1 4 Ans. (d)
Q.6. The most important instrument of legal reform is: (a) legislation (b) custom (c) precedent (d) writing of legal experts Ans. (a) Q.7. Which of the following requisites are necessary to be fulfilled for a custom to be a valid source of law? 1. Antiquity, certainty and consistency 2. Specificality, spontaneity, efficacy 3. Continuity, antiquity and conformity to statute law Select the correct answer using the codes given below: Codes: (a) 1, 2 and 3 (b) 1 and 2 (c) 2 and 3 (d) 1 and 3 Ans. (d) Q.8. Delegated legislation means: (a) laws made by state legislature (b) laws declared by the Judges in judicial decisions (c) administrative adjudication (d) rules, bye laws and regulations made by virtue of statutory powers Ans. (d) Q.9. Which of the following are subordinate legislations? 1. Parliamentary legislation 2. Colonial legislation 3. Judicial legislation 4. Executive legislation Select the correct answer using the codes given below: Codes: (a) 2, 3 and 4 (b) 1, 2 and 3 (c) 2 and 4 (d) l, 3and 4 Ans. (b) Directions The following questions consist of two statements, one labelled the Assertion (A) and the other labelled the Reason (R). You are to examine these two statement carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the reason is correct explanation of the Assertion. Select you answers to these questions using the codes given below and mark our answer sheet accordingly. (a) Both A and Rare true and R is the correct explanation of A. (b) Both 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. Q.10. Assertion (A): Austinian theory of law does not properly explain constitutional law, customary law and judicial precedents. Reason (R): Constitutional law, customary law and judicial precedents do not share the same pedigree as
statutory law. Ans. (a) Q.11. Assertion (A): A legal right is essential to constitute right. Reason (R): An element of advantage is essential: to constitute right. Ans. (c) Q.12. According to professor Goodhart a radio decidendi of a case is: (a) the principle of law laid down in a decision which is the decisive element. (b) the conclusion reached by the judge on the basis of material facts of the case (c) the reason given by the court for its decision (d) any opinion of the court on a question of law Ans. (b) Q.13. A claim barred by lapse of time (e.g., a debt barred by law of limitation is): (a) an imperfect right (b) a negative right (c) a personal right (d) a contingent right Ans. (a) Q.14. In law, there is a fiction that a child, en ventre so mere is a person in being for the purpose of: (a) punishment for abortion (b) acquisition of property (c) creation of partnership (d) claiming compensation of Torts Ans. (b) Q.15. ‗A‘ person is any being whom the law regards as capable of rights or duties according to: (a) Ihering (b) Alexander Nekam (c) Stone (d) Salmond Ans. (d) Q.16. Ownership of goodwill of a business is (a) corporeal ownership (b) limited ownership (c) beneficial ownership (d) incorporeal ownership Ans. (d) Q.17. Which one of the following gets along correctly? (a) Trust and co-ownership (b) Legal and contingent ownership (c) Sole and limited ownership (d) Legal and equitable ownership Ans. (d) Q.18. In Bridges v. Hawkesworth, the finder was allowed to keep the good on the ground that: (a) the owner of the shop was not traceable (b) the owner of the shop was not aware of the fact that the item was in his shop (c) the item was found in an area where public is admitted and the finder was one among them
(d) if given to the owner, it would amount to unjust enrichment. Ans. (c) Q.19. That a legal system arises from the combination of primary and secondary rules was enunciated by: (a) Austin (b) Hart (c) Bentham (d) Kelsen Ans. (b) Q.20. The fault of the Historical school of Jurisprudence lies in: (a) recognizing the empirical basis of law (b) not recognizing the empirical basis of law (c) holding that law is a product of social evolution (d) identifying custom with law itself Ans. (a) Q.21. Formal source of law according to Salmond means: (a) ancient sources of law (b) modern sources of law (c) those sources of law which do not have binding force (d) those sources of law from which the law derives its force and validity Ans. (d) Q.22. Which one of the following statements is true? (a) The analytical method which Austin applied was undoubtedly of German origin (b) The method applied by Austin was the method already adopted by Americans (c) Austin‘s analytical method was the same as what was used by some Roman jurists (d) The method of Austin was not borrowed from any where but was English origin Ans. (d) Q.23. Which one of the following is regarded as unnecessary for a custom to be valid custom tinder the Indian legal system? (a) Antiquity (b) Recognition by the courts (c) Reasonableness (d) Continuity Ans. (a) Q.24. Subordinate legislation emanates from: (a) any authority other than the sovereign power (b) dictators to subordinates (c) usage of immemorial antiquity (d) any subordinate being Ans. (a) Q.25. Possession is prima facie evidence of title of ownership Hence: (a) long adverse possession confers title even to a property which originally belonged to another (b) in all cases possession leads to ownership (c) transfer of possession is not a mode of transferring ownership (d) long adverse possession confer title to the property which originally belonged to another Ans. (a)
Directions The following questions consist of two statements, one labelled the Assertion (A) and the other labelled the Reason (R). You are to examine these two statement carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the reason is correct explanation of the Assertion. Select you answers to these questions using the codes given below and mark our answer sheet accordingly. (a) Both A and Rare true and R is the correct explanation of A. (b) Both 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. Q.26. Assertion (A): It is easy to identify sociological jurisprudence with Pound. Reason (R): Sociological Jurisprudence neither begins nor ends with Pound. Ans. (b) Q.27. Assertion (A): Kelsen follows Kant in distinguishing between ―is‖ and ―ought‖. Reason (R): Kelsen is a forerunner of Philosophical School. Ans. (c) Q.28. Assertion (A): ‗The term ‗Sources of law‘ conveys many meanings. Reason (R): Law has formal and informal sources. Ans. (b) Q.29. Assertion (A): Precedent has been the life blood of legal systems. Reason (R): In continental countries precedent has persuasive value. Ans. (b) Q.30. Which one of the following statements denotes right in rem? (a) Right to receive rent from the tenant of the farm (b) Right to the peaceable enjoyment of the farm (c) Right to recover damages for breach of contract (d) Landlord‘s right of re-entry. Ans. (b) Q.31. Match List-I (Legal right) with List-II (Nature of Legal Right) and select the correct answer from the code given below the Lists: List -I List-II (Personal right) (Legal right) A. Time barred debt 1. Personal right B. Right to reputation 2. Right in persona C. Right to physical 3. Imperfect right D. Right arising out of a contract 4.Right is rem Code: ABCD (a) 3 4 2 1 (b) 3 2 1 4 (c) 2 3 1 4 (d) 3 4 1 2 Ans. (d) Q.32. A corporation aggregate is: (a) an incorporated group of Co-existing persons (b) an incorporated series of successive persons (c) a group of legal persons
(d) a group of natural persons Ans. (a) Q.33. In which one of the following cases the court ―piereud the veli‘ of the corporate personality? (a) Daimler Co. Case (b) Peoples Pleasure Park case (c) Salomon Vs Salomon (d) Smith, Stone and Knight‘s ease Ans. (a) Q.34. Ownership of goodwill of a business if: (a) incorporeal ownership (b) contingent ownership (c) limited ownership (d) beneficial ownership Ans. (a) Q.35. Ownership consists of: (a) material object (b) personal rights (c) rights in rem (d) right in persona Ans. (c) Q.36. The rights of an owner are: (a) indeterminate (b) determinate (c) residuary (d) indeterminate and residuary Ans. (c) Q.37. Goods owned by ‗A‘ were put by her in rooms in the house of ‗B‘ with ‗B‘s permission. The rooms were locked by ‗A‘s agent who gave the keys to ‗H‖, A‘s husband, with the permission of ‗A‘. The possession of the rooms was with: (a) ‗A‘ (b) Agent (c) ‗B‘ (d) ‗H‘ Ans. (d) Q.38. Which one of the following schools of Jurisprudence considers that ―a reasoned scale of values can be discovered as a basis for legal development‖? (a) Analytical (b) Philosophical (c) Historical (d) Sociological Ans. (a) Q.39. Which one of the following Jurists emphasized that ―We cannot understand what a thing is unless we study what it does: (a) Austin (b) Pound (c) Kelsen
(d) Salmond Ans. (b) Q.40. Which one of the following Schools of Jurisprudence. laid emphasis on the question ―How did law come to be‖? (a) Analytical (c) Historical (b) Sociological (d) Philosophical Ans. (c) Q.41. A legislation enacted by a State legislature falls in the category of: (a) subordinate (b) supreme (c) autonomous (d) philosophical Ans. (a) Q.42. Assertion (A): The legislature can forge a sledge hammer capable of cracking open the corporate shell. Reason (R): Corporate personality cannot be used as a shield to harm national interest. Ans. (a) Q.43. It has been said that the doctrine of ‗precedent‘ is of antiquity while the doctrine of ‗stare decisis‘ is relatively modern. The emergence of the doctrine of ‗stare decisis‘ was related to: (a) settled judicial hierarchy of courts and law reports (b) settled role of judges with regard to interpretation of law (c) the emergence of the concept of sovereignty of parliament (d) growing authority and prestige of a few judges like Lord Coke, whose decisions carried a lot of weight Ans. (a) Q.44. The main purpose of the Corporation Sole is to: (a) protect the property of the government (b) maintain continuity of an office (c) make tile property easily transferable (d) make the property easily inheritable Ans. (b) Q.45. Possession acquired through an agent or servant is an example of: (a) corporeal possession (b) mediate possession (c) incorporeal possession (d) immediate possession Ans. (b) Q.46. ‗X‘, a servant, finds a bag at the basement of the shop. 1 hands it over to ‗Y‘, the owner of the shop who asks him to place it in the almirah. Now, the bag is in possession of: (a) ‗X‘ because he was the finder (b) ‗Y‘ because he was the owner of the shop (c) ‗Y‘ because in him there was union of corpus and animus (d) ‗X‘ because he has kept it in the almirah Ans. (c)
Q.47. Anitmus domini is an essential of possession according to: (a) Savigny (b) Salmond (c) Pollock (d) Ihering Ans. (a) Q.48. Match List-I with List-II and select the correct answer from the codes given below the Lists: List-I List-II A. John Austin 1.Social engineering B. Duguit 2.Social solidarity C. H.L.A. Hart 3.Rules as foundations of a legal system D. Roscoe Pound 4.Command theory Codes: ABCD (a) 2 4 3 1 (b) 4 2 3 1 (c) 1 2 3 4 (d) 2 1 3 4 Ans. (b) Q.49. Consider the following types of legislations: 1. Colonial legislation 2. Judicial legislation 3. Parliamentary legislation 4. Executive legislation The term ‗subordinate legislation‘ includes: (a) l, 2 and 3 (b) 2, 3 and 4 (c) l, 2 and 4 (d) 1, 3 and 4 Ans. (c) Q.50. It is one of the cardinal principles of delegated legislation that-the legislature should not delegate to a subordinate above body the power to make rules on: (a) technical matters of the law (b) the policy matters of the law (c) the matters of inclusion or exclusion of areas of subject (d) the date of commencement of a statue. Ans. (b)
upsc prelims law solved paper for practice upsc prelims law solved paper for practice UPSC Civil Services: Law Prelims Papers Free Download UPSC IAS Prelims Solved Paper : law Online preparation material for UPSC Q.1. ―Preamble Of our Constitution is of extreme importance and ‗the Constitution should ‗be read and interpreted in the light of the grand ‗and noble vision expressed in the Preamble.‖—Justice Sikri expressed the above opinion in the case of: (a) In re Beru bari Union (b) Kesavananda Bharathi vs. State of Kerala (c) A.K. Gopalan vs. State of Madras (d) In Kerala Education Bill Ans. (b) Directions The following questions consist of two statements, one labelled the Assertion (A) and the other labelled the Reason (R). You are to examine these two statement carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the reason is correct explanation of the Assertion. Select you answers to these questions using the codes given below and mark our answer sheet accordingly. (a) Both A and Rare true and R is the correct explanation of A. (b) Both 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. Q.2. Assertion (A): The directive principle of State policy is not enforceable by any court. Reason (R): Directive principles are more or less, fundamental in the governance of the country. Ans. (a) Q.3. Assertion (A): In C.B. Muthamma vs. Union of India, the Supreme Court struck down a provision in Service Rules requiring a fen employee to obtain the permission of the government in writing before her marriage is solemnized. Reason (R): Such provision is discriminatory against women and violates Article 16 and hence unconstitutional. Ans. (a) Q.4. Assertion (A): An accused person cannot be compelled to give his thumb impression.
Reason (R): An accused person cannot be compelled to be a witness against himself. Ans. (d) Q.5. Assertion (A): The principle of equality before law means that there should be equality of treatment under equal circumstances. Reason (R): All persons are not equal by nature, attainment or circumstances. Ans. (a) Q.6. Assertion (A): The President of India has the power to grant pardon, reprieve, respite or remission of punishment or to suspend, remit or commute sentence. Reason (R): The President exercises not only executive functions but also judicial and legislative functions. Ans. (a) Q.7. Assertion (A): The rule making power of the Supreme Court is not subject to any law made by the Parliament of India. Reason (R): Only an impartial and independent judiciary can protect the rights of the individual without fear of favour. Ans. (d) Q.8. Assertion (A): Parliament or a State Legislature should keep within the domain assigned to it and one should not trespass into the domain reserved for the other. Reason (R): Legislation will be invalid even if it incidentally trenches or encroaches on matters which have been assigned to another legislature. Ans. (a) Q.9. Assertion (A): The power of Amendment under Article 368 does not include the power to alter the basic structure o the Constitution. Reason (R): The Right to equality does not form part of the basic structure of the Constitution. Ans. (c) Q.10. Assertion (A): No qualification has been prescribed for the membership of the Union Public Service Commission. Reason (R): The Constitution does not fix the number of members of the Union Public Service Commission. Ans. (b) Q.11. A member of the state Public Service Commission can be removed on the ground of misbehavior only after an inquiry has been held by:
(a) A Joint parliamentary Committee (b) The Supreme Court of India (c) The High Court of the concerned state (d) A Committee constituted by the Governor of the Ans. (b) Q.12. Which one of the following pairs is not correctly matched? (a) Right to Equality
: Includes the principle of natural justice.
(b) Right to personal liberty
: Includes right to livelihood
(c) Protections available to an accused person : Includes protection against ex-post facto laws in civil matters (d) Protections against arrest and detention
: Includes right to consult and to be
defended by a legal practitioner of one‘s choice Ans. (c) Q.13. The rules for regulating the partice and procedure of the Supreme Court under Article 145 of the Constitution are made by the: (a) President of India (b) Supreme Court with the approval of the President of India (c) Supreme Court alone (d) Supreme Court in consultation with the Bar Council of India. Ans. (b) Q.14. Which one -of the following pairs is correctly matched? (a) Writ of Habeas Corpus
: Issued only to the state
(b) Writ of Mandamus
: Issued to the public servant
(c) Writ of Quo Warranto
: Issued to the subordinate courts
(d) Writ of Prohibition
: Issued to the private individual
Ans. (b)
Q.15. Law declared by the Supreme Court shall be binding on all the courts with in the territory of India. Here ‗courts‘ means: (a) all courts including the Supreme Court of India (b) all courts except the Supreme Court of India (c) all courts including the Supreme Court except such benches of the Supreme Court which consists of seven judges or more (d) all courts including Supreme Court except a bench of the Supreme Court which consists of all the judges of the Supreme Court Ans. (b) Q.16. After the judgment of the Supreme Court in Mandal case, it has been observed that. ―The. poisonous weed of casteism has been replanted where it will trouble us a thousand years.: Each age will have to consider it.‖ This was observed by: (a) Prof. Upendra Baxi (b) N.A. Palkhiwala (c) Ram Jethmalani (d) Justice P.N. Bhagwati Ans. (c) Q.17. The Supreme Court has ruled that a person belonging to a non-reserved class, transplanted by adoption or marriage or conversion or any other voluntary act to a family belonging to reserved c does not become eligible to the benefit of. reservation either under Article 15(4) or 16(4) of the constitution in: (a) Indra Sawheny vs. Union of India (b) Kumari Madhuri Patel vs. Additional Commissioner Tribal Development (c) Valsamma Paul vs. Cochin University (d) M.D. Kasekar vs. Vishwanth Pandu Barde Ans. (b) Q.18. Which of the following are included in the list of fundamental duties in the Constitution?‘ 1. To abide by the Constitution and respect its ideal and institution 2. To safeguard public property and to abjure violence 3 To uphold and protect the sovereignty, unity and integrity of India 4. To uphold and protect secularism
Select the correct answer using the codes given below: Codes: (a) 1,3 and 4 (b) 1, 2 and 4 (c) 2, 3 and 4 (d) 1, 2 and 3 Ans. (d) Q.19. The constitutional authority vested with the power declaring castes or tribes as the Scheduled Castes or Scheduled Tribes is the: (a) Parliament (b) Home Minister, (c) President of India (d) Chairman, SC/ST Commission Ans. (c) Q.20 In the performance of his duties and in the exercise of his powers, the Governor: (a) is answerable in a court of law (b) is not answerable ‗in a court of law (c) can be impeached‘ in the Vidhan Sabha (d) is answerable to the Vidhan Sabha Ans. (b) Q.21. When a writ is issued to an inferior court of tribunal on grounds of exceeding its jurisdiction or acting contrary to the rules of natural justice, it is called a writ of: (a) Certiorari (b) Mandamus (c) Quo Warranto (d) Habeas Corpus Ans. (a)
Q.22. The High Court having the jurisdiction in judicial matters relating to the largest number of States/Union territories is: (a) Calcutta High Court (b) Kerala High Court (c) Mumbai High Court (d) Guwahati High Court (a) 1, 3 and 4 (b) 1,2 and 4 (c) 2, 3 and 4 (d) 1, 2 and 3 Ans. (d) Q.23. Which of the following combinations are not correctly matched? 1. Writ of Habes Corpus
: available against private individuals as well
2. Writ of Quo Warranto : available against subordinate courts only 3. Writ of Certiorari
: available against state only
4. Writ of Prohibition
: available against autonomous bodies only
Select the correct answer using the codes given below: (a) 2, 3 and 4 (b) 1, 2 and 3 (c) 1, 2 and 4 (d) 1, 3 and 4 Ans. (a) Q.24. Which of the following combinations are correctly matched? 1. Territorial Nexus 2. Pith and substance
: Object should have territorial connection with the state : The validity of legislation is determined by the degree of
invasions into the field 3. Colourable legislation
: You cannot do indirectly, what you cannot do directly
4. Repugnancy
: Conflicting result are not produced‘ where both the laws are
applied to the same facts Select the correct answer using the codes given below: Codes: (a) 1, 2 and 4 (b) 2, 3 and 4 (c) 1, 3 and 4 (d) 1,2 and 3 Ans. (c) Q.25. The Article of the Constitution which automatically becomes suspended on proclamation of emergency is: (a) Article 14 (b) Article 19 (c) Article 21 (d) Article 32 Ans. (b) Q.26. The President Rule under Article 356 remains valid in‘ a state for the maximum period of: (a) one year (b) two years (c) three years (d) four years Ans. (a) Q.27. ―Democracy and federalism are essential features of our Constitution and are part of its basic structure.‖ ‗This observation was made in S.R. Bommai‘s case by: (a) Justice A.M. Ahmadi (b) Justice J.S. Verma (c) Justice P.B. Sawant (d) Justice S.R. Pandian
Ans. (c) Q.28. The structure of the Indian Constitution is: (a) federal in form and unitary in spirit (b) unitary (c) unitary in form and federal in spirit (d) pure federal Ans. (a) Q.29. A part of the Preamble of the Constitution reads as under: ―We the people of India, having solemnity resolved to constitute India into a Sovereign Socialist Secular Democratic Republic ― Certain words in the above part were inserted by: (a) The Constitution (Seventh Amendment) Act, 1956 (b) The Constitution (Eighteenth Amendment) Act, 1966 (c) The Constitution (Thirty-fifth Amendment) Act, 1974 (d) The Constitution (Forty-second Amendment) Act, 1976 Ans. (d) Q.30. The text of the Preamble of the Constitution of India aims to secure: (a) fundamental rights to all individuals (b) fundamental duties to citizens of India (c) dignity of the individual and unity and integrity of the nation (d) security of service to Government servant Ans. (c) Q.31. . ‗Directive Principles of State Policy are the conscience of the Constitution which embody the social philosophy of the Constitution‖ was described by: (a) Granville Austin (b) A.V. Dicey (c) Dr. B.R. Ambedkar (d) K.C. Wheare Ans. (a)
Q.32. ―Right to Life‖ does not include ―right to die‖. It has been held in a case of: (a) R. Rathinam vs. Union of India (b) State vs. Sanjay Kumar Bhatia (c) Chenna Jagadeshwar vs. State of Andhra Pradesh (d) Smt. Gian Kaur vs. State of Punjab Ans. (d) Q.33. It has been held by the Supreme Court that appointment of the candidates in excess of the notified vacancies is a denial and deprivation, of the fundamental rights under article 14 read with article 16 (1) of the constitution in: (a) Kerala Public Service Commission vs. Dr. Kanjamma Alex (b) Ashok Kumar vs. Chairman. Banking Service Recruitment Board (c) State of Karnataka vs. A.B. Ongale (d) M.D. Kasekar vs. Vishwanath Pandu Barde Ans. (b) Directions The following questions consist of two statements, one labelled the Assertion (A) and the other labelled the Reason (R). You are to examine these two statements carefully and decide if the Assertion (A) and the Reason (R) are individually true and if so, whether the reason is correct explanation of the Assertion. Select you answers to these questions using the codes given below and mark our answer sheet accordingly. (a) Both A and Rare true and R is the correct explanation of A. (b) Both 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. Q.34. Assertion (A) : The rule making power of the Supreme Court is not subject to any law made by the Parliament of India. Reason (R) : Only an impartial and independent judiciary can protect the rights of the individual without fear or favour. Ans. (d) Q.35. Assertion (A) : ma federalism, there is division of powers between the Centre and the States. Reason (R) The legislation is not invalid merely because it incidentally encroaches of matter which have been assigned to another lcgislature. Ans. (b) Q.36. Assertion (A) : B amendment, Parliament cannot destroy the basic features of th Constitution.
Reason (R): The power to amend does not include the power to abrogate the Constitution. Ans, (a) Q.37. Assertion (A) : The Union Public Service Commission must be consulted as regards the reservation of posts for Backward classes, Scheduled Castes and Scheduled Tribes. Reason (R): The functions of the Union Public Service Commission are only advisory and the Government need not act upon the advice of the Commission in any case. Ans. (d) Q.38. Assertion (A): Laws covered under Article 39 (b) and (c) have been given protective shield against some of the fundamental rights. Reason (R) : The Directive Principles are also regarded relevant for considering what is reasonable restriction under Article 19. Ans. (b) Q.39. A spate of killing abductions and dacoities severely threatens the law and order in a state. The Governor recommends to the President of India that a breakdown of the Constitutional machinery in the state in imminent. The President makes a proclamation under Article 356. The action of the president: (a) cannot be reviewed as the President is the sole judge of his emergency power (b) cannot be reviewed as the constitution bars the courts from reviewing political actions (c) can be reviewed as it goes against fundamental rights (d) can be reviewed as it is malafide Ans. (d) Q.40. The nature of ‗consultation‘ with the Chief Justice of India in matters of appointment of a judge to a High Court is correctly described as: (a) inspection of the file by the Chief Justice (b) concurrence of the Chief Justice (c) conformity, with the opinion of the Chief Justice (d) formal reference to the Chief Justice without any obligation to carry out his wishes. Ans. (b) Q.41. Which one of the following pairs is not correctly matched: (a) Colourable legislation (b) Pith and substance
: What cannot be done directly can be done indirectly : Incidental encroachment on the field of another
legislature is permissible (c) Territorial nexus
: Subject of legislation must have territorial connection
with the state (d) Repugnancy
: A situation in which a law made by the Union is in
conflict with a law made by a state Ans. (a) Q.42. Consider the following statements: Parliament may make law on a subject enumerated in state list only if the 1. President deems it proper that such law is necessary for all the stated in India 2. Proclamation of Emergency under Article 352 is in operation 3. Lok Sabha passed a resolution 2/3rd majority of list total membership 4. Governor of the state request the President for such legislation Of these statements: (a) 1 and 4 are correct (b) 2 alone is correct (c) 3 alone is correct (d) 3 and 4 are correct Ans. (b) Q.43. Which one of the following proposition is correct description of the powers of the President of India under Article 356 of the Constitution? (a) If the Chief Minister inspite of commanding the confidence of the Legislative Assembly, cannot run his government in accordance with the Constitution, the President can proclaim emergency (b) If the law and order in a state completely breaks- down the President can proclaim emergency. (c) The President can refer the matter to the Supreme Court for advice and act in accordance with such advice (d) The President cannot make a proclamation of emergency if the governor refuses to make a report Ans. (a) Q.44. The constituent power to Parliament to amend the Constitution:
(a) includes power to amend by‘ way of addition, variation or repeal of the provision, of the Constitution. (b) is unrestricted by any inherent and implied limitations. (c) is not procedurally limited and restricted (d) is extra constituent Ans. (a)
Practice paper Indian law For Judicial Exams Practice paper Indian law For Judicial Exams Free Solved online test of Indian law Very useful for various Judicial Exams of State Public Service Commissions LAW MCQ Test 1. Consider the following statements: 1. The Preamble of the Constitution of India can be amended by the Parliament up to any extend barring the basic features. 2. The Preamble can be amended only by special majority and ratification by legislatures of 1 (half) the States. 2 3. The Preamble has no role to play in the interpretation of any provision of the Constitution. Which of the statements given above is/are correct? (a) l, 2 and 3 (b) 1 only (c) 2 and 3 (d) 2 only Ans : (b) 2. Fundamental Rights under the Constitution of India comprises of which of the following? 1. Individual rights 2. Group rights Select the correct answer using the code given below: (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Ans: (c) 3. Match List-I with List-II and select the correct answer using the code given below the lists: List-I (Subject matter) List-II (Case) A. Reservation in unaided 1. E.V. Chinnaiah v. State of Andhra Pradesh private colleges B. 27% reservation for OBCs 2. I.R. Coelho v. State of Tamil Nadu in government services C. Constitutional validity of laws 3. R.A. Inamdar v. State of Maharashtra included in the Ninth Schedule 4.Indra Sawhney v. Union of India Code : ABC (a) 3 4 2 (b) 3 1 4 (c) 2 3 4 (d) 4 1 3 Ans : (a) 4. Match List-I with List-II and select the correct answer using the code given below the lists: List-I List-II
(Power of President) (Relevant Constitutional Provision) A. Power to grant pardon- 1.Article 76 B .Executive power of the Union 2.Article 7 C. Power to appoint Prime Minister 3.Article 53 D. Appointment of Attorney General. 4.Article 72 Code: ABCD (a) 4 2 3 1 (b) 4 3 2 1 (c) 1 2 3 4 (d) 1 3 2 4 Ans: (b) 5. Which one of the following statements is not correct? (a) In a cabinet form of government neither the President nor the Government exercises the executive functions individually or personally (b) Executive action taken in the name of the Governor is the executive action of the State (c) The Governor cannot be held personally answerable for any portion of the address to the joint session (d) The Governor is bound to exercise all his powers and the functions on the aid and advice of his Council of Ministers Ans: (d) 6. Which one of the following is correct with regard to the decision in D.C. Wadhwa v. State of Bihar case? (a) President is entitled to promulgate ordinance during the recess of the Parliament (b) Colorable re-promulgation of ordinance is unconstitutional (c) Article 123 empowers the President to issue successive ordinances (d) Governor‘s power of re-issuance of ordinance cannot be questioned in the Court of Law Ans: (b) 7. Which one of the following is not correct with regard to transfer of cases from the High Courts? (a) Cases involving same or substantially same question of law should be pending before Supreme Court and one or more High Courts (b) Application requesting for transfer should be filled by Attorney General or any party to the case (c) Transfer is possible when the Supreme Court on its own is satisfied that such question is of general importance (d) Transfer of cases from one High• Court to another is not permissible in any circumstance Ans d) 8. Consider the following statements: Judicial review under the Constitution of India 1. is a part of the basic structure of the Constitution. 2; can only be ousted or excluded by a constitutional amendment. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Ans: (a) 9. Which of the following is not a function of the UPSC and State Public Service Commissions? 1. Advising the appropriate governments on matters relating to methods of recruitment to civil services and for civil posts.
2. Consultation in creation of All India Services. 3. Consultation on disciplinary matters affecting a person serving the Government of India or of a person serving the Government of a State in a civil capacity. Select the correct answer using the code given below: (a) 1 only (b) 1 and 2 (c )2 only (d) 2 and 3 Ans: (c) 10. Match List-I with List-II and select the correct answer using the code given below the lists: List-I List-II (Doctrine) (Related judgment) A. Doctrine of Repugnancy 1. State of Bombay v. F.N.Balsara B. Doctrine of Colorable Legislation 2. Prafulla Kumar v. Bank of Commerce C. Doctrine of Pith and Substance 3. K.C.G Narayan Deo v. State of Orissa D. Doctrine of Harmonious Construction 4. M. Karunanidhi v. Union of India Code: ABCD (a) 4 2 3 1 (b) 4 3 2 1 (c) 1 3 2 4 (d) 1 2 3 4 Ans: (b) 11. Consider the following statements: 1. Emergency is always imposed throughout the nation. 2. Emergency can be imposed not only on the grounds of actual war, external aggression or armed rebellion, but also in anticipation thereof. 3. Every proclamation of Emergency will not remain in force after one month unless it is approved by both the Houses of Parliament. Which of the statements given above is/are correct? (a) 2and 3 (b) 1 and 2 (c) 3 only (d) 1, 2 and 3 Ans: (a) 12. Assertion (A) Contributory negligence in an accident is a defense to a charge in criminal law. Reason (R) : The fact that the deceased was also negligent and contributed to the accident does not afford a defense to the driver. Code: (a) Both A and R is individually true and R is the correct explanation of A (b) Both A and R is individually 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 Ans: (d) 13. Even if the harm to the plaintiff has been caused maliciously no action can lie for the same unless the plaintiff can prove that he has suffered legal injuries. In which one of the following cases was this principle enunciated? (a) Bradford Corporation v. Pickles (b) Christie v. Davey
(c) Re Polemis case (d) Holderness v. Goslin Ans: (a) 14. Match List-I with List-l and select the correct answer using the code given below the lists: List-I List-II (Defense) (Decision) A. Inevitable accident 1. Richards v. Lothian B. Act of God 2. Alexander v. North Eastern Railway C. Justification by truth 3. Nichols v. Mars D. Act of third party 4. Stanley v. Powell Code: ABCD (a) 4 3 2 1 (b) 1 3 2 4 (c) 4 2 3 1 (d) 1 2 3 4 Ans: (a) 15. X, the owner of a car, asked his friend Y to drive the car to his office. As the car was near his (X‘s) office, it hit a pedestrian P on account of Y‘s negligent driving and injured him seriously. P sued X for damages. Which one of the following is correct regarding the above? (a) X is not liable as it was the negligence of Y (b) The liability was solely of Y as X was not accompanying him (c) As Y was driving under X‘s care and authority, X is liable (d) X is not liable under the principle of inevitable accident Ans: (c) 16. The standard of care generally used in cases of negligence is the (a) skill and care of a professional person (b) care taken by an intelligent and prudent man (c) foresight of a prudent man (d) skill and foresight of an ordinary person of prudence and competence Ans: (d) 17. Two persons are said to be joint tort-feasors when (a) a person on account of his negligence gives opportunity to another for committing a tort (b) two or more persons are. simultaneously involved in committing a wrong (c) a tort is committed by two or more persons or any one of them when they are engaged in furtherance of a concerted purpose (d) two persons together commit a tort Ans: (c) 18. In which one of the following cases has the test of directness for determining the remoteness of damage been applied? (a) Donoghue v. Stevenson (b) Re Polemis (c) Wagon Mound No. 1 (d) Doughty v. Tumer Manufacturing Co.Ltd Ans:(b) 19. Match List-I with List-II and select correct answer using the code given below the lists: List-I List-II
(Judicial Principle) (Decision) A. Injuria Sine Damno 1. Jones v. Boyce B. Damnum Sine Injuria 2. Davies v. Mann C. Rule of Last Opportunity 3. Ashby v. White D. Doctrine of Alternative Danger 4. Gloucester Grammar School Case Code: ABCD (a) 1 2 3 4 (b) 1 3 2 4 (c) 3 4 2 1 (d) 3 2 4 1 Ans: (c) 20. The principle of absolute liability in the Indian tort law is applicable when damage is caused by the activity or escape of (a) hazardous material only (b) poisonous material (c) inherently dangerous material only (d) hazardous or inherently dangerous material Ans : (d) 21. Consider the following decided cases on the tort of foreseeability: 1. Wagon Mound No. 1 2. Wagon Mound No.2 3. Hughes v. Lord Advocate 4. Doughty v Turner Manufacturing Co. Ltd. Select the correct chronological order of the above cases, in which they were decided, using the code given below: (a) 1-2-3-4 (b) 3-1-4-2 (c) 1-3-4-2 (d) 3-1-2-4 Ans:(a) 22. Match List-I with List-I and select the correct answer using the code given below the lists: List-I List-II (Special Defense) (Decision) A. Reasonable restriction 1.Cook v. Alexander B. Contributory negligence 2.Rajinder Kishore v. Durga Sahi C. Absolute privilege 3 Herd v. Weardale Steel, Coal and Coke. Co. Ltd. D. Qualified privilege 4.Rural Transport Service v. Bezlum Bibi Code: ABCD (a) 2 4 1 3 (b) 2 1 4 3 (c) 3 1 4 2 (d) 3 4 1 2 Ans: (?) 23. Which one of the following is the gist of the cause of action for tort of conspiracy? (a) An agreement between defendants to do an unlawful act (b) An agreement and overt act by the defendants
(c) An agreement and oven act causing damage to the plaintiff (d) Unlawful combination causing or not causing damage to the plaintiff Ans:(c) 24. Which among the following are relevant for liability in the tort of conspiracy? 1. Number of combiners 2. Purpose of the combiners 3. Intention of the combiners 4. Actions taken by the combiners Select the correct answer using the code given below: (a) 1 and 2 (b) 2 and 3 (c) l and 4 (d) 2 and 4 Ans: (d) 25. Match List-I with List and select the correct answer using the code given below the lists: List-I List-II (Nature of tort) (Ingredient) A. Private nuisance 1.Interest in land B. Public nuisance 2.Addressed to the eye C. Libel 3.No interest in land D. Slander 4.Addressed to the ear Code: ABCD (a) 1 2 3 4 (b) 1 3 2 4 (c) 4 3 2 1 (d) 4 2 3 1 Ans: (b) 26. For an action of nuisance, the following have been put up as defenses: 1. The place is suitable for the purpose. 2. It is for the benefit of the locality. 3. It is done under statutory authority? Which of the defenses given above is/are correct? (a) 1,2and3 (b) 1 only (c) 2and3 (d) 3only Ans: (d) 27. Which one of the following elements is not necessary to have a private right of action in respect of a public nuisance? (a) The plaintiff must show a particular injury to himself beyond that which is suffered by the rest of the public (b) The injury must be of a substantial character (c) The nuisance must be caused by negligence (d) The injury must be direct and not consequential injury Ans: (c) 28. Which of the following remedies are available in an action in the tort of nuisance? 1. Abatement
2. Injunction 3. Specific restitution 4. Action for damages Select the correct answer using the code given below: (a) 1, 2 and 4 (b) l and 3 (c) 2 and 4 (d) 1, 2, 3 and 4 Ans: (a) 29. Consider the following statements: The Actus reus is made up of 1. human action which is usually termed ‗conduct‘. 2. the result of such act in the specified circumstances which is designated as ‗injury‘. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Ans: (d) 30. Which of the following is the correct theoretical sequence in the commission of an offence? 1. Physical element 2. Mental element 3. Forbidden consequence Select the correct answer using the code given below: (a) 1-2-3 (b) 2-1-3 (c) 3-2-1 (d) 3-1-2 Ans: (b) 3. A is dead drunk and yet decides to go for a joy ride along with his friends. He drives his newly imported car with high speed and not able to control his vehicle when he passes through a busy shopping market causing instant death of three pedestrians. He is found to be highly intoxicated state at the time of the accident and the speed of car is found to be above 70 kms. For which one of the following offences can he be prosecuted? (a) Homicide caused by rash and negligent act (b) Murder (c) Culpable homicide not amounting to murder (d) Causing grievous hurt by an act endangering life Ans: (c) 32. Match List-I with List-II and select the correct answer using the code given below the lists: List-I List-II (Elements of offence) (Type of offence) A. Movable property obtained without consent 1. Robbery B. Movable property obtained without consent by instant violence 2. Extortion C. Movable property obtained without consent induced by fear 3.Dacoity D. Movable property obtained using instant violence 4. Theft by a gang of six persons Code: ABCD
(a) 3 4 1 2 (b) 3 1 4 2 (c) 4 1 2 3 (d) 4 2 1 3 Ans: (c) 33. Consider the following: 1. Entrustment. 2: Misappropriation or conversion to one‘s own use. 3. Misappropriation, conversion or disposal with dishonest intention. In which one of the following offences are the above essential ingredients? (a) Cheating (b) Criminal breach of trust (c) Criminal misappropriation (d) Extortion Ans: (b) 34. ‗A‘, a revenue officer, having dominion over public money by virtue of his office and is either directed by law, or bound by a contract, express or implied, with the government, to pay into a certain treasury all the public money which he holds. ‗A‘ dishonestly appropriates the money. Which one of the following offences has ‗A‘ committed under IPC? (a) Theft, section 378 IPC (b) Criminal breach of trust, section 405 IPC (c) Misappropriation of property, section 403 IPC (d) Robbery, section 390 IPC Ans: (b) 35. In cases of criminal misappropriation, the initial possession of the property is: (a) dishonest (b) fraudulent (c) innocent (d) illegal Ans: (c) 36. Taking property dishonestly from the dead body (a) does not amount to any offence under IPC (b) amounts to the offence of theft (c) amounts to the offence of criminal misappropriation (d) amounts to the offence of criminal breach of trust Ans: (c) 37. Assertion (A): The essence of joint liability under section 149 of the IPC is that the criminal act must have been done with a view to fulfilling the common object of an unlawful assembly. Reason (R): Any sudden and provocative act done by a member of an unlawful assembly would render the other members of the assembly liable. Code: (a) Both A and R are. individually true and R is the correct explanation of A (b) Both A and Rare individually 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 Ans: (c)
38. Locus poenitentiae test is applied to trace which one of the following? (a) Criminal misappropriation (b) Attempt (c) Sedition (d) Conspiracy Ans: (d) 39. To whom, among the following, is the right of private defense, under chapter IV of IPC, available? 1. Only to the defender being a preventive right. 2. An aggressor, while facing action on the part of the defender which is excessive. Select the correct answer using the code given below: (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Ans: (a) 40. P with the intention of committing theft entered the house of Q. Q, on seeing him entering, struck him with a lathi and P fell down unconscious. Thereafter, Q gave him another blow of lathi at his head which caused his death. On being prosecuted for murder, Q took the plea of private defense. Which of the following argument is valid? (a) Since Q was acting in the exercise of right of private defense of his property, he had taken a valid defense (b) Since in the defense of one‘s property one cannot cause death of the intruder, Q has no defense (c) Q has used excessive force as once P fell unconscious; there was no need for the second blow. Hence, Q‘s plea of right of private defense will not succeed (d) If P committed house breaking in the night, Q has the right to cause death in the de of his property, and thus Q‘s plea should prevail Ans: (c) 41. Which one of the following is the correct group of offences against which right of private defense relating to property can be exercised? (a) Theft, Extortion, Robbery, Mischief (b) Theft, Extortion, Mischief, Criminal Trespass (c) Robbery, Mischief, Criminal Trespass, Extortion (d) Theft, Robbery. Mischief, Criminal Trespass Ans (d) 42. Which one of the following statements is correct? For the purpose of section 103 of IPC (causing death in the exercise of right of private defense for protection of property), there is: (a) no distinction between public property and private property (b) clear distinction between public property and private property (c) no right of private defense (d) no right of private defense at the attempt stage of causing of death Ans: (a) 43. A instigates B to kill C by means of a letter sent through post. The abetment by instigation is complete (a) as soon as the letter reaches the addressee (b) as soon as the abettor posts the letter to the addressee (c) as soon as the contents of the letter are known to the addressee
(d) even if the letter was sent at a wrong address Ans: (c) 44. B, a man of unsound mind, sets fire to a dwelling house on A‘s instigation. Here, B is exempted from criminal liability (Section 84 IPC), but A is guilty of abetting mischief by fire with intent to destroy the house. The principle for this criminal liability may be explained by which one of the following explanations? (a) The abetment of an offence being an offence, the abetment of such an abetment is also an offence. (b) The person who has been instigated to commit an offence may not be liable under criminal law for his act because of his being of unsound mind at the time of committing the offence but the abetment to commit mischief by fire. (c) To constitute offence of abetment it is not necessary that the act abetted should be committed (d) It is not necessary to the commission of the offence by conspiracy that the abettor should work in concert with the person who commits it Ans: (b) 45. X and Y conspire to poison Z. X in pursuance of the conspiracy procures the poison and delivers it to V in order that he may administer it to Z. Yin pursuance of the conspiracy administers the poison in the presence of X and hereby causes Z‘s death. What offence, if any has been committed by X and Y, respectively? (a) Y has committed the offence of murder and X was an abettor (b) Both X and Y have committed the offence of criminal conspiracy (c) X has committed the offence of murder and Y was an abettor (d) Both X and Y have committed the offence of murder Ans: (d) 46. Which of the following is/are correct? For an offence of extortion 1. it is necessary that the threat made and the property received be by one and the same person. 2. it is not necessary that the person who received threat and the person who delivered the property be one and the same person. Select the correct answer using the code given below: (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Ans: (b) 47. Stealing one‘s own property is: (a) not at all an offence (b) an offence under section 403 of IPC (c) an offence tinder section 405 of IPC (d) None of the above Ans: (d) 48. In which one of the following cases did the Supreme Court explain the concept of grave and sudden provocation as a mitigating circumstance reducing the gravity of the offence from murder to culpable homicide not amounting to murder? (a) State v. Dasrath (b) Jagroop Singh v. State of Haryana (c) K.M. Nanavati v. State of Maharashtra (d) Ujagar Singh v. Emperor Ans: (c)
49. The juristic concept of contract consists of (a) free consent and capacity (b) offer and acceptance (c) consideration and undue influence (d) agreement and obligation Ans: (d) 50. Consider the following statements: 1 An Agreement made without consideration is void. 2. Consideration should have some value in the eyes of the law. 3. Consideration has to be adequate. Which of the statements given above is/are correct? (a) 1, 2 and 3 (b) l and3 (c) 3 only (d) 1 and 2 Ans: (d)
Model test paper State judicial Service Test MCQ law This test is useful For Following Jobs/Exams Haryana PSC HCS Judicial Examination Madhya Pradesh Higher Judicial Service Law Officer in Corporation bank vacancy Law Officer posts in United bank of india H.P. Judicial Service (HPJS) Competitive (Preliminary) Examination 1. State the correct answer, the familiar rule ‗redeem up foreclose down‘ is a combination of provisions of— (A) Sections-89 and 91 (B) Sections-91 and 92 (C) Sections-92 and 93 (U) Sections-91 and 94 2. ‗A‘ gives Rs. 500 to ‗B‘ on condition that ‗B‘ shall marry A‘s daughter ‗C‘. On the date of transfer ‗C‘ was dead. The transfer is void under which section of Transfer of Property Act? (A) Section-25 (B) Section-26 (C) Secion-27 (D) Section-28 3. A right of future maintenance in whatsoever manner arising, secured or determined (A) Can be transferred (B) Cannot be transferred (C) Can be sold (D) Can be vested 4. A gift of future property is (A) Valid (B) Voidable (C) Void (D) Irregular 5. Within the meaning of provisions of section 67 of the Transfer of Property Act the mortgage remedies by suit are? (A) For foreclosure or for sale (B) For sale (C) For appointment of receiver (D) All are relevant 6. To which of the following sections 5 to 37 of the Transfer of Property Act, 1882 apply? (A) Transfers of movable property only (B) Transfers of Immovable property only (C) Transfers of property whether movable or immovable (D) Specific transfer and not to general principles of transfer of property
7.‗A‘ transfers Rs. 5000 to ‗B‘ on condition that he shall execute a certain lease within three months after A‘s death and if he should neglect to do so, to C. B dies in A‘s lifetime. Which section of the Transfer of Property Act, 1882 shall apply in deciding the legal right of ‗C‘? (A) Section-29 (B) Section-26 (C) Section-25 (D) Section-27 Codes: 8.Assertion (A) : Section 14 of TPA provides for the Rules against perpetuity. Reason (R) :This Rule is based on public policy. Select the correct answer from the codes given below (A) Both (A) and (R) are true and (R) is the correct explanation of (A) (B) Both (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 9.What is the minimum imprisonment prescribed for use of deadly weapons in ‗Dacoity‘? (A) 10 years (B) 07 years (C) 05 years (D) 14 years 10.Under which section of the Indian Penal Code, it is omission, and not an act, which is an offence? (A) Section-491 (B) Section-296 (C) Section-468 (D) Section-508 11.Under IPC, which one of the following sections makes provision of Solitary Confinement? (A) Section-71 (B) Section-72 (C) Section-73 (D) Section-74 12.Which one of the following offences is not compoundable under IPC? (A) Section 323 (B) Section-334 (C) Section-448 (D) Section-307 13. ―1 believe in operation Valmiki because every Sant has a past and every criminal has a future.‖ This statement is of? (A) Justice Sikri (B) Justice P. N. Bhagwati (C) Justice Krislma Iyer (D) Justice J. S. Verma 14. Which one of the following is an incomplete crime? (A) Public Nuisance
(B) Criminal attempt (C) Unlawful Assembly (D) Riot 15.A, on grave and sudden provocation from ‗Z‘ fires a pistol at Z, who does not die, A is guilty of (A) Attempt to murder (B) Culpable homicide not amounting to murder (C) Attempt to commit culpable homicide (D) Grievous hurt 16.‗X‘ with the intention to kill ‗Y‘ supplies him powdered sugar believing it to be poison. ‗Y‘ eats the powder. ‗X‘ is guilty of? (A) No offence (B) Attempt to commit murder (C) Attempt to commit culpable homicide not amounting murder (D) Abetment to commit murder 17.‗X‘ is a good swimmer. He finds, Y, a child of seven years of age drowning in a canal. He could have saved the child but did not do so. The child is drowned. ‗X‘is guilty of? (A) No offence (B) Murder (C) Abetment of suicide (D) Culpable homicide not amounting to murder 18. An executioner who execute the death penalty is protected from criminal liability under which section of IPC ? (A) Section-97 (B) Section-78 (C) Section-79 (D) Section-80 19. ‗A‘ finds a purse with money on the high-road, not knowing to whom the purse belong, ‗A‘ picks up the purse. He has corn- miffed an offence under— (A) Section-403 IPC (B) Section-404 IPC (C) Section-405 IPC (D) None of the above 20. Just after theft, a man is found in the possession of stolen goods. This matter relates to which one of the following sections of Indian Evidence Act? (A) Section-114-A (B) Section-114 (C) Section-1l5 (D) Section-111-A 21. In which section of IPC the law relating to ‗Dowry death‘ is contained? (A) Section-304 (b) (B) Section-304 (C) Section-299 (D) Section-302
22. What is the age of the child to get immunity from criminal liability? (A) Less than 10 years (B) Less than 7 years (C) Less than 8 years (D) Less than 14 years 23. In which case the Supreme Court has struck down section 303 IPC as unconstitutional? (A) Machchi Singh Vs. State of Punjab (B) Bachan Singh Vs. State of Punjab (C) Santa Singh Vs. State of Punjab (D) Mithu Singh Vs. State of Punjab 24. The law relating to criminal misappropriation of property is given under section? (A) 403 IPC (B) 404 IPC (C) 407IPC (D) 411 IPC 25. Assertion (A) : Crime is punish able because it is provided in the law. Reason (14) : Crime is revolting to the moral sense of society. In the context of the above, which one of the following is correct? (A) Both (A) and (R) are true and (R) is the correct explanation of (A) (B) Both (A) and (R) are true and (R) is not the correct explanation of (A) (C) (A) is true, but (R) is false (D) (A) is false, but (R) is true 26. ‗A‘ shoots ‗Z‘ with the intention of killing him. ‗Z‘ dies in consequence. ‗A‘ commits— (A) Culpable homicide (B) Murder (C) Causing death by negligence (D) None of the above 27. Kidnapping is of? (A) One kind (B) Two kinds (C) Three kinds (D) Four kinds 28. ‗X‘ sends through his servant a typewriter to be delivered to ‗Y‘ his friend. The servant takes the typewriter and uses it over a period of time. The servant is to be guity of? (A) Extortion (B) Theft (C) Criminal misappropriation of property (D) Criminal breath of trust 29. ‗B‘ takes a gold ring of ‗A‘ out of ‗A‘s possession without ‗A‘s consent with the intention of keeping it till ‗A‘ gives ‗B‘ some money for its restoration to ‗A‘. ‗B‘ is guilty of— (A) Cheating (B) Criminal breach of trust (C) Criminal misappropriation of property (D) Theft
30. ‗X‘ with the intention to cause miscarriage, administered a drug to a pregnant lady ‗Y‘. The child in the womb died. ‗X‘ is guilty of? (A) Murder (B) Culpable homicide not amounting to murder (C) No offence (D) Causing miscarriage 31.It cannot be committed in a private place. (A) Murder (B) Riot (C) Assault (D) Affray 32. In which of the following cases the Supreme Court has laid down important guidelines to abate sexual harassment? (A) Vishaka Vs. State of Rajasthan (B) Apparel Export Corp. Vs. A. K. Chopra (C) Chairman Railway Board Vs. Chandrima Das (D) None of the above 33. ‗A‘ incites a dog to spring upon ‗Z‘ without ‗Z‘s consent. Here ‗A‘ intends to cause injury, fear or annoyance to ‗Z‘. (A) ‗A‘ uses criminal force to ‗Z‘ (B) ‗A‘ uses force to ‗Z‘ (C) ‗A‘ uses assault to ‗Z‘ (D) All the above 34. ‗A‘ enters Z‘s house through a window. ‗A‘ commits? (A) Trespass (B) House trespass (C) House breaking (D) All the above 35. Assertion A) Homicide is the killing of a human-being by a human-being. Reason (R) : Homicide is always unlawful. Select the correct answer from the codes given below? Codes: (A) Both (A) and (R) are true but (R) is the coned explanation of (A). (B) Both (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 36. ‗A‘ has sexual intercourse with his own wife who is living separately from him under a decree of separation without her consent. Which section of Indian Penal Code covers this matter? (A) Section-376 (B) Section-376-A (C) Section-376-B (D) Section-376-C 37. Which Order under C.P.C. pro vides detailed rules regarding judgements and decree? (A) Order XIX (B) Order XX
(C) Order XXI (D) Order XXIII 38. Which of the provision of C.P.C. deals with consequences of disobedience of an injunction granted by Court? (A) Order 39 RI (B) Order39 R2 (C) Order 39 R2-A (D) Order 39 R3 39. Order 21 CRC. dealing with execution of decrees and orders contains? (A) 100 Rules (C) 103 Rules (B) 102 Rules (D) 106 Rules 40. Which of the following is not a case on res-judicata? (A) Duche‘s of Kingston case (B) Chhajju Ram Vs. Neki (C) Mmmi Bibi Vs. Trilok Nath (D) Byram Pestonji Kariwala Vs.Union of India 41. Which provision of C.P.C. deals with enforcement of a decree against legal representative? (A) Section-50 (B) Section-51 (C) Section-55 (D) None of the above 42. An original suit for the value of Rs. 20 lakh shall be instituted in the Court of? (A) High Court (B) District Judge (C) Civil Judge (Junior Division) (D) Civil Judge (Senior Division) 43. Which of the following provisions of C.P.C. provides for adjudication of claims and objections to attachment of property? (A) Order 21 R 59 (B) Order 2l R 58 (C) Order 21 R 57 (D) None of the above 44. Which provision of the C.P.C. provides that one person may sue or defend on behalf of all in same interest? (A) Order 1R1 (B) Order 2 R2 (C) Order lR8 (D) Order lR9 45. The meaning of written statement is? (A) Suit of plaintiff (B) Suit of defendant
(C) Answer by defendant of plaintiff‘s suit (D) Answer by plaintiff of defendant‘s suit 46. Under which provision of C.P.C. the Collector may be appointed as a Receiver? (A) Order 40 Rule I (B) Order 40 Rule 2 (C) Order 40 Rule 3 (D) Order 40 Rule 5 47. ‗Objections as to local or pecuniary jurisdiction shall be raised at the first opportunity.‘ This is the essence of CRC. (A)Section-20 (B) Section-21 (C)Section-24 (D) Section-25 48. The doctrine of res-judicata is not applicable in the case of following writ (A) Habeas Corpus (B) Certiorari (C) Mandamus (D) Quo-warranto 49. All orders and notices served on or given to any person under the provisions of C.P.C. shall be in writing is provided under? (A) Section-141 (B) Section-142 (C) Section-143 (D) Section-144 50. Provisions relating to set-off and counter claims are contained in which one of the following orders? (A) Order VI (B) Order VII (C) Order VIII (D) Order IX 51. The court may compel the attendance of any person to whom a summons has been issued under section-32 CRC. and for the purpose may impose a fine upon him not exceeding (A) Rs. Five hundred (B) Rs. One thousand (C) Rs. Three thousand (D) Rs. Five thousand 52. No second appeal shall lie under section 102 C.P.C. from any decree, when the subject matter of original suit is for recovery of money not exceeding? (A) Rs. Three thousand (B) Rs. Five thousand (C) Rs. Twenty thousand (D) Rs. Twenty five thousand 53. How many minimum number of judges of the High Court are required to sign the confirmation of death sentence? (A) 3
(C) 4 (B) 2 (D) 5 54. An irregularity by the Magistrate in which one of the following cases will not vitiate proceedings? (A) Making an order for maintenance (B) Demanding security for good behaviour (C) Tendering pardon to accomplice (D) Trying an offence summarily 55. Order under section-144 Cr. P.C. 1973 is amenable to writ jurisdiction on violation of any Fundamental Rights. This was held in case of— (A) Dibakar Naik Vs. Pushpalata Patel (1997)3 crimes 107 (B) Gopalachari Vs. State of Kerala 1981 SC.R 338 (C) Gulam Abbas Vs. State of U.P. 1981 SC. 2198 (D) Shelam Ramesh Vs. State ofA.P. (1999) 8 SCC. 369 56. Classification of compoundable and non-compoundable offences has been provided under Cr. P.C.in ? (A) First Schedule (B) Second Schedule (C) Section 321 Cr. P.C. (D) Section 320 Cr. P.C. 57. Which provision under the Code of Criminal- Procedure, 1973 prescribes the mode of execution of sentence of death that ―the convict be hanged by the neck until he be dead‖? (A) Section-413 (B) Form No. 42 of the Second Schedule of the Code (C) Section-416 (D) Section-414 58. Which section of Cr. P.C pro vides for confirmation by the High Court of an order of death sentence passed by the Session Court prior to its execution? (A) Section-366 (B) Section-368 (C) Section-369 (D) Section-371 59. The appeal against an order of acquittal passed by the Court of Judicial Magistrate first class shall lie to? (A) The Court of Chief Judicial Magistrate (B) The Court of Session (C) The High Court (D) The Supreme Court 60.In which one of the following sections of Cr. P.C. provision for free legal aid is made (A) Section-301 (B) Section-306 (C) Section-304 (D) Section-309 Answers:
1
D
2
A
3
B
4
C
5
A
6
C
7
D
8
A
9
B
10
A
11
C
12
D
13
C
14
B
15
C
16
A
17
A
18
B
19
D
20
B
21
A
22
B
23
D
24
A
25
B
26
B
27
B
28
D
29
D
30
D
31
D
32
A
33
A
34
C
35
C
36
B
37
B
38
C
39
D
40
B
41
D
42
B
43
B
44
C
45
C
46
A
47
B
48
A
49
B
50
C
51
D
52
D
53
B
54
C
55
C
56
D
57
B
58
A
59
B
60
C
Model test paper State judicial Service Test MCQ law Model test paper State judicial Service Test MCQ law This test is useful For Following Jobs/Exams Haryana PSC HCS Judicial Examination 2010 Madhya Pradesh Higher Judicial Service Law Officer in Corporation bank vacancy 2010 Law Officer posts in United bank of india H.P. Judicial Service (HPJS) Competitive (Preliminary) Examination 2010 1. State the correct answer, the familiar rule ‗redeem up foreclose down‘ is a combination of provisions of— (A) Sections-89 and 91 (B) Sections-91 and 92 (C) Sections-92 and 93 (U) Sections-91 and 94 2. ‗A‘ gives Rs. 500 to ‗B‘ on condition that ‗B‘ shall marry A‘s daughter ‗C‘. On the date of transfer ‗C‘ was dead. The transfer is void under which section of Transfer of Property Act? (A) Section-25 (B) Section-26 (C) Secion-27 (D) Section-28 3. A right of future maintenance in whatsoever manner arising, secured or determined (A) Can be transferred (B) Cannot be transferred (C) Can be sold (D) Can be vested 4. A gift of future property is (A) Valid (B) Voidable (C) Void (D) Irregular 5. Within the meaning of provisions of section 67 of the Transfer of Property Act the mortgage remedies by suit are? (A) For foreclosure or for sale (B) For sale (C) For appointment of receiver (D) All are relevant 6. To which of the following sections 5 to 37 of the Transfer of Property Act, 1882 apply? (A) Transfers of movable property only (B) Transfers of Immovable property only (C) Transfers of property whether movable or immovable (D) Specific transfer and not to general principles of transfer of property
7.‗A‘ transfers Rs. 5000 to ‗B‘ on condition that he shall execute a certain lease within three months after A‘s death and if he should neglect to do so, to C. B dies in A‘s lifetime. Which section of the Transfer of Property Act, 1882 shall apply in deciding the legal right of ‗C‘? (A) Section-29 (B) Section-26 (C) Section-25 (D) Section-27 Codes: 8.Assertion (A) : Section 14 of TPA provides for the Rules against perpetuity. Reason (R) :This Rule is based on public policy. Select the correct answer from the codes given below (A) Both (A) and (R) are true and (R) is the correct explanation of (A) (B) Both (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 9.What is the minimum imprisonment prescribed for use of deadly weapons in ‗Dacoity‘? (A) 10 years (B) 07 years (C) 05 years (D) 14 years 10.Under which section of the Indian Penal Code, it is omission, and not an act, which is an offence? (A) Section-491 (B) Section-296 (C) Section-468 (D) Section-508 11.Under IPC, which one of the following sections makes provision of Solitary Confinement? (A) Section-71 (B) Section-72 (C) Section-73 (D) Section-74 12.Which one of the following offences is not compoundable under IPC? (A) Section 323 (B) Section-334 (C) Section-448 (D) Section-307 13. ―1 believe in operation Valmiki because every Sant has a past and every criminal has a future.‖ This statement is of? (A) Justice Sikri (B) Justice P. N. Bhagwati (C) Justice Krislma Iyer (D) Justice J. S. Verma 14. Which one of the following is an incomplete crime? (A) Public Nuisance
(B) Criminal attempt (C) Unlawful Assembly (D) Riot 15.A, on grave and sudden provocation from ‗Z‘ fires a pistol at Z, who does not die, A is guilty of (A) Attempt to murder (B) Culpable homicide not amounting to murder (C) Attempt to commit culpable homicide (D) Grievous hurt 16.‗X‘ with the intention to kill ‗Y‘ supplies him powdered sugar believing it to be poison. ‗Y‘ eats the powder. ‗X‘ is guilty of? (A) No offence (B) Attempt to commit murder (C) Attempt to commit culpable homicide not amounting murder (D) Abetment to commit murder 17.‗X‘ is a good swimmer. He finds, Y, a child of seven years of age drowning in a canal. He could have saved the child but did not do so. The child is drowned. ‗X‘is guilty of? (A) No offence (B) Murder (C) Abetment of suicide (D) Culpable homicide not amounting to murder 18. An executioner who execute the death penalty is protected from criminal liability under which section of IPC ? (A) Section-97 (B) Section-78 (C) Section-79 (D) Section-80 19. ‗A‘ finds a purse with money on the high-road, not knowing to whom the purse belong, ‗A‘ picks up the purse. He has corn- miffed an offence under— (A) Section-403 IPC (B) Section-404 IPC (C) Section-405 IPC (D) None of the above 20. Just after theft, a man is found in the possession of stolen goods. This matter relates to which one of the following sections of Indian Evidence Act? (A) Section-114-A (B) Section-114 (C) Section-1l5 (D) Section-111-A 21. In which section of IPC the law relating to ‗Dowry death‘ is contained? (A) Section-304 (b) (B) Section-304 (C) Section-299 (D) Section-302
22. What is the age of the child to get immunity from criminal liability? (A) Less than 10 years (B) Less than 7 years (C) Less than 8 years (D) Less than 14 years 23. In which case the Supreme Court has struck down section 303 IPC as unconstitutional? (A) Machchi Singh Vs. State of Punjab (B) Bachan Singh Vs. State of Punjab (C) Santa Singh Vs. State of Punjab (D) Mithu Singh Vs. State of Punjab 24. The law relating to criminal misappropriation of property is given under section? (A) 403 IPC (B) 404 IPC (C) 407IPC (D) 411 IPC 25. Assertion (A) : Crime is punish able because it is provided in the law. Reason (14) : Crime is revolting to the moral sense of society. In the context of the above, which one of the following is correct? (A) Both (A) and (R) are true and (R) is the correct explanation of (A) (B) Both (A) and (R) are true and (R) is not the correct explanation of (A) (C) (A) is true, but (R) is false (D) (A) is false, but (R) is true 26. ‗A‘ shoots ‗Z‘ with the intention of killing him. ‗Z‘ dies in consequence. ‗A‘ commits— (A) Culpable homicide (B) Murder (C) Causing death by negligence (D) None of the above 27. Kidnapping is of? (A) One kind (B) Two kinds (C) Three kinds (D) Four kinds 28. ‗X‘ sends through his servant a typewriter to be delivered to ‗Y‘ his friend. The servant takes the typewriter and uses it over a period of time. The servant is to be guity of? (A) Extortion (B) Theft (C) Criminal misappropriation of property (D) Criminal breath of trust 29. ‗B‘ takes a gold ring of ‗A‘ out of ‗A‘s possession without ‗A‘s consent with the intention of keeping it till ‗A‘ gives ‗B‘ some money for its restoration to ‗A‘. ‗B‘ is guilty of— (A) Cheating (B) Criminal breach of trust (C) Criminal misappropriation of property (D) Theft
30. ‗X‘ with the intention to cause miscarriage, administered a drug to a pregnant lady ‗Y‘. The child in the womb died. ‗X‘ is guilty of? (A) Murder (B) Culpable homicide not amounting to murder (C) No offence (D) Causing miscarriage 31.It cannot be committed in a private place. (A) Murder (B) Riot (C) Assault (D) Affray 32. In which of the following cases the Supreme Court has laid down important guidelines to abate sexual harassment? (A) Vishaka Vs. State of Rajasthan (B) Apparel Export Corp. Vs. A. K. Chopra (C) Chairman Railway Board Vs. Chandrima Das (D) None of the above 33. ‗A‘ incites a dog to spring upon ‗Z‘ without ‗Z‘s consent. Here ‗A‘ intends to cause injury, fear or annoyance to ‗Z‘. (A) ‗A‘ uses criminal force to ‗Z‘ (B) ‗A‘ uses force to ‗Z‘ (C) ‗A‘ uses assault to ‗Z‘ (D) All the above 34. ‗A‘ enters Z‘s house through a window. ‗A‘ commits? (A) Trespass (B) House trespass (C) House breaking (D) All the above 35. Assertion A) Homicide is the killing of a human-being by a human-being. Reason (R) : Homicide is always unlawful. Select the correct answer from the codes given below? Codes: (A) Both (A) and (R) are true but (R) is the coned explanation of (A). (B) Both (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 36. ‗A‘ has sexual intercourse with his own wife who is living separately from him under a decree of separation without her consent. Which section of Indian Penal Code covers this matter? (A) Section-376 (B) Section-376-A (C) Section-376-B (D) Section-376-C 37. Which Order under C.P.C. pro vides detailed rules regarding judgements and decree? (A) Order XIX (B) Order XX
(C) Order XXI (D) Order XXIII 38. Which of the provision of C.P.C. deals with consequences of disobedience of an injunction granted by Court? (A) Order 39 RI (B) Order39 R2 (C) Order 39 R2-A (D) Order 39 R3 39. Order 21 CRC. dealing with execution of decrees and orders contains? (A) 100 Rules (C) 103 Rules (B) 102 Rules (D) 106 Rules 40. Which of the following is not a case on res-judicata? (A) Duche‘s of Kingston case (B) Chhajju Ram Vs. Neki (C) Mmmi Bibi Vs. Trilok Nath (D) Byram Pestonji Kariwala Vs.Union of India 41. Which provision of C.P.C. deals with enforcement of a decree against legal representative? (A) Section-50 (B) Section-51 (C) Section-55 (D) None of the above 42. An original suit for the value of Rs. 20 lakh shall be instituted in the Court of? (A) High Court (B) District Judge (C) Civil Judge (Junior Division) (D) Civil Judge (Senior Division) 43. Which of the following provisions of C.P.C. provides for adjudication of claims and objections to attachment of property? (A) Order 21 R 59 (B) Order 2l R 58 (C) Order 21 R 57 (D) None of the above 44. Which provision of the C.P.C. provides that one person may sue or defend on behalf of all in same interest? (A) Order 1R1 (B) Order 2 R2 (C) Order lR8 (D) Order lR9 45. The meaning of written statement is? (A) Suit of plaintiff (B) Suit of defendant
(C) Answer by defendant of plaintiff‘s suit (D) Answer by plaintiff of defendant‘s suit 46. Under which provision of C.P.C. the Collector may be appointed as a Receiver? (A) Order 40 Rule I (B) Order 40 Rule 2 (C) Order 40 Rule 3 (D) Order 40 Rule 5 47. ‗Objections as to local or pecuniary jurisdiction shall be raised at the first opportunity.‘ This is the essence of CRC. (A)Section-20 (B) Section-21 (C)Section-24 (D) Section-25 48. The doctrine of res-judicata is not applicable in the case of following writ (A) Habeas Corpus (B) Certiorari (C) Mandamus (D) Quo-warranto 49. All orders and notices served on or given to any person under the provisions of C.P.C. shall be in writing is provided under? (A) Section-141 (B) Section-142 (C) Section-143 (D) Section-144 50. Provisions relating to set-off and counter claims are contained in which one of the following orders? (A) Order VI (B) Order VII (C) Order VIII (D) Order IX 51. The court may compel the attendance of any person to whom a summons has been issued under section-32 CRC. and for the purpose may impose a fine upon him not exceeding (A) Rs. Five hundred (B) Rs. One thousand (C) Rs. Three thousand (D) Rs. Five thousand 52. No second appeal shall lie under section 102 C.P.C. from any decree, when the subject matter of original suit is for recovery of money not exceeding? (A) Rs. Three thousand (B) Rs. Five thousand (C) Rs. Twenty thousand (D) Rs. Twenty five thousand 53. How many minimum number of judges of the High Court are required to sign the confirmation of death sentence? (A) 3
(C) 4 (B) 2 (D) 5 54. An irregularity by the Magistrate in which one of the following cases will not vitiate proceedings? (A) Making an order for maintenance (B) Demanding security for good behaviour (C) Tendering pardon to accomplice (D) Trying an offence summarily 55. Order under section-144 Cr. P.C. 1973 is amenable to writ jurisdiction on violation of any Fundamental Rights. This was held in case of— (A) Dibakar Naik Vs. Pushpalata Patel (1997)3 crimes 107 (B) Gopalachari Vs. State of Kerala 1981 SC.R 338 (C) Gulam Abbas Vs. State of U.P. 1981 SC. 2198 (D) Shelam Ramesh Vs. State ofA.P. (1999) 8 SCC. 369 56. Classification of compoundable and non-compoundable offences has been provided under Cr. P.C.in ? (A) First Schedule (B) Second Schedule (C) Section 321 Cr. P.C. (D) Section 320 Cr. P.C. 57. Which provision under the Code of Criminal- Procedure, 1973 prescribes the mode of execution of sentence of death that ―the convict be hanged by the neck until he be dead‖? (A) Section-413 (B) Form No. 42 of the Second Schedule of the Code (C) Section-416 (D) Section-414 58. Which section of Cr. P.C pro vides for confirmation by the High Court of an order of death sentence passed by the Session Court prior to its execution? (A) Section-366 (B) Section-368 (C) Section-369 (D) Section-371 59. The appeal against an order of acquittal passed by the Court of Judicial Magistrate first class shall lie to? (A) The Court of Chief Judicial Magistrate (B) The Court of Session (C) The High Court (D) The Supreme Court 60.In which one of the following sections of Cr. P.C. provision for free legal aid is made (A) Section-301 (B) Section-306 (C) Section-304 (D) Section-309 Answers:
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D
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A
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B
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C
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B
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D
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Common Law Admission test CLAT 2009 legal Aptitude Solved paper Common Law Admission test CLAT 2009 legal Aptitude Solved paper memory based 1. Which is the oldest Code of Law in India? (A) Naradasmriti (B) Manusmriti (C) Vedasmriti (D) Prasarsmriti 2. Private international law is also called? (A) Civil law (B) Locallaws (C) Conflict of laws (D) Common law 3. A nominal sum given as a token for striking a sale is called? (A) Earnest money (B) Advance (C) Interest (D) Solatium 4. Joint heirs to a property are called? (A) Co-heirs (B) Coparceners (C) Successors (D) Joint owners 5. The right of a party to initiate an action and be heard before a Court of law is called? (A) Right in rem (B) Eight in personam (C) Fundamental right (D) Locus standi 6. Indian Parliament is based on the principle of? (A) Bicameralism (B) Universal Adult Franchise (C) Dyarchy (D) Federalism 7. The Supreme Court held that evidence can be recorded by vid in the case? (A) State of Maharashtra Vs. Prafull B. Besai (B) Paramjet kaur Vs. State of Punjab (C) Pappu Yadav Vs. State of Bihar (D) Bachan Singh Vs. State of Punjab
8. When the master is held liable for the wrongful act of servant, the liability is called? (A) Strict liability (B) Vicarious liability (C) Tortous liability (D) Absolute liability 9. The act of unlawfully entering into another‘s property constitutes? (A) Trespass (B) Restraint (C) Appropriation (D) Encroachment 10. Which Parliamentary Committee in Indian system of democracy is chaired by a member Opposition Party? (A) Estimates Committee (B) Joint Parliamentary Com mittee (C) Public Accounts Committee (D) Finance Committee 11. Supreme Court held that Preamble as a basic feature of Con stitution cannot be amended the case of? (A) Golaknath Vs. State of Punjab (B) Maneka Gandhi Vs. Union of India (C) S. R. Bommai Vs. Union of India (D) Kesavananda Bharati Vs.state of Kerala 12. In the year 2002 the Competition Act was enacted replacing? (A) Trade Marks Act (B) Copy Right Act (C) Contract Act (D) MRTP Act 13. A right to recover time barred debt is? (A) Universal right (B) Perfect right (C) Imperfect right (D) Fundamental right 14. The law relating to prisoners war has been codified by? (A) Geneva Convention (B) Vienna Convention (C) Paris Convention (D) None of the above 15. Public holidays are declared under? (A) Criminal Procedure Code (B) Civil Procedure Code (C) Representation of the People Act (D) Negotiable Instruments Act 16. When a person is prosecuted for committing a criminal offence, the burden of proof is on? (A) Accused (B) Prosecution
(C) Police (D) Complainant 17. Offence which can be compromised between the parties is known as? (A) Non-compoundable Offence (B) Congnizable Offence (C) Compoundable Offence (D) Non-cognizable Offence 18. Husband and wife have a right to each others company. The right is called? (A) Conjugal right (B) Human right (C) Civil right (D) Fundamental right 19. A person ‗dying intestate‘means he? (A) Died without Legal Heirs (B) Died without Making a Will (C) Died without any Property (D) Died without a Son 20. If a witness makes a statement in Court, knowing it to be false, he commits the offence of? (A) Forgery (B) Falsehood (C) Perjury (D) Breath of trust 21. A child born after father‘s death is? (A) Posthumous (B) Heir (C) Intestate (D) Illegal 22. A formal instrument by which one person empowers another to represent him is known as? (A) Affidavit (B) Power of Attorney (C) Will (D) Declaration 23. The temporary release of prisoner is called? (A) Parole (B) Amnesty (C) Discharge (D) Pardon 24. The offence of inciting disaffection, hatred or contempt against Government is? (A) Perjury (B) Forgery (C) Sedition (D) Revolt
25. India became the member United Nations in the Year? (A)1956 (B) 1945 (C)1946 (D) 1950 26. A party to the suit is called? (A) Accused (B) Plaintiff (C) Litigant (D) Complainant 27. Who heads the four member Committee appointed to study the Centre-State relations, especially the changes took place since Sarkaria Commission (A) Justice M. M. Punchi (B) Justice Nanavati (C) Justice Barucha (D) Justice Kuldip Singh 28. No one can be convicted twice for the same offence. This doctrine is called? (A) Burden of proof (B) Double conviction (C) Double jeopardy (D) Corpus delicti 29. A participant in commission of crime is popularly known as? (A) Respondent (B) Under-trial (C) Defendant (D) Accomplice 30. Which of the following is not payable to Central Government? (A) Land revenue (B) Customs duty (C) Income tax (D) Wealth tax 31. Where is the National Judicial Academy located? (A) Kolkata (B) Bhopal (C) Delhi (D) Mumbai 32. Who have constitutional right to audience in all Indian Courts? (A) President (B) Chief Justice of India (C) Attorney General (D) Solicitor General of India 33.Which of the following is not included in the Preamble to the Constitution? (A) Morality (B) Justice
(C) Sovereign (D) Socialist 34. ‗Court of Record‘ is a Court which? (A) Maintains records (B) Preserves all its records (C) Can punish for its contempt (D) Is competent to issue writs 35. A judge of the Supreme Court can be removed from office only on grounds of? (A) Gross inefficiency (B) Delivering wrong judgments (C) Senility (D) Proved misbehaviour or incapacity 36. Fiduciary relationship means a relationship based on? (A) Trust (B) Money (C) Contract (D) Blood relation 37.The Chairman of Tehelka Enquiry Commission is? (A) Justice Kripal (B) Justice S N. Phukan (C) Justice Saharia (D) Justice Liberhan 38. The concept of judicial review has been borrowed from the Constitution of? (A) U.S.S.R. (B) U.K. (C) U.S.A. (D) Switzerland 39. Every duty enforceable by law is called (A) Accountability (B) Obligation (C) Burden (D) Incidence 40. The killing of a new born child by its parents is? (A) Malfeasance (B) Infanticide (C) Abortion (D) Foeticide 41. Offence of breaking a divine idol is? (A) Saluspopuli (B) Crime (C) Sacrilege (D) Blasphemy
42. A person who goes underground or evades the jurisdiction of the Court is known as? (A) Offender (B) Underground (C) Absentee (D) Absconder 43. What is a caveat? (A) A warning (B) An injunction (C) Writ (D) Certiorari 44. Muslim religious foundations are known as? (A)Din (B) Wakfs (C) Ulema (D) Quzat 45. Beyond what distance from the coast, is the sea known as ‗High Sea‘? (A) 20 Nautical miles (B) 300 Nautical miles (C) 200 Nautical kms (D) 12 Nautical miles Answers
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B
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C
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B
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A
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D
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B
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legal objective test Fully Solved Sample Paper for Legal Jobs 2010 legal objective test Fully Solved Sample Paper for Legal Jobs 2010 useful for Legal jobs in Banks PSU‘s legal jobs MCQ Sample Test paper Legal Jobs sample papers for Objective tests 1. The concept of possession, according to Savigny must have which of the following ingredient/ingredients? (a) animus domini only (b) corpus possessionis only (c) animus domini and corpus possessionis (d) quasi possessio Ans. (c) 2. Persons in possession of an object has better title over it, against the whole world except the real owner. This principle has been illustrated in which one of the following cases? (a) Armory vs Delamirie (b) Bridges vs Hawkesworth (c) R vs Moor (d) Re Cohen‘s case Ans. (a) 3. Assertion (A): Law are means of achieving an .end, namely social control. Reason (R): The ultimate end of law is to secure greatest happiness of the greatest number. Ans. (b) 4. Assertion (A): Custom is per se law, independent of its prior recognition by the Sovereign or the Judge. Reason (R): Custom is a source of law, but by itself is not law Ans. (a) 5. Assertion (A): Idol is a person who can hold property. Reason (R): Only human beings can be called ‗persons‘, not the lifeless things. Ans. (c) 6. According to the decision of B. Emmanuel vs State of Kerala, what is imperative to show the requisite respect to the National Anthem? (a) To bow (b) To sing the same (c) To stand respectfully. (d) To sing and stand respectfully Ans. (c) 7. The right to freedom of religion guaranteed in Article 25 of the Constitution of India is subject to which of the following? (a) Public order, morality and to the other provisions of Part III of the Constitution of India (b) Public order, morality and health (c) Reasonable restrictions in the interests of the security of the State (d) Public order, morality and health and to the other provisions of Part III of the Constitution of India. Ans. (d)
8. Consider the following statements: 1. Admission of the tape recorded statements of an accused taken without his/her knowledge and without compulsion is valid. 2. No person accused of any offence shall be compelled to be a witness against himself Which of the statements given above is/are correct? (a) 2 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Ans. (c) 9. Which of the following Articles of the Constitution of India relates/relate to the protection and improvement of environment? (a) Article 48A only (b) Article 5lA only (c) Both Article 48A and Article 5 1A (d) Neither Article 48A nor Article 51A Ans. (c) 10. Consider the following statements: 1. Parliament and State legislatures have concurrent power to make law prescribing punishment for untouchability. 2. Parliament may make law empowering any court to exercise powers of the Supreme Court to enforce the fundamental rights. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Ans. (b) 11. Consider the following statements: 1. The powers of High Courts under Article 226 of the Constitution of India we wider than those of Supreme Court under Article 32 of the Constitution of India. 2. Both High Court and Supreme Court have concurrent power to enforce the fundamental rights. 3. It is mandatory for a petitioner first to approach the High Court instead of approaching the Supreme Court directly for enforcement of fundamental rights. Which of the statements given above are correct? (a) l, 2 and 3 (b) l and 2 (c) 2 and 3 (d) 1 and 3 Ans. (b) 12. Which among the following is not a fundamental duty as enumerated in Article 51 A? (a) To develop the scientific temper, humanism and the spirit of inquiry and reform (b) To cherish and follow the noble ideals which inspired our national struggle for freedom (c) To uphold and protect the sovereignty, unity and integrity of India (d) To cherish fraternity assuring the dignity of the individual Ans. (a) 13. Consider the following statements: 1. After the President of India has asked the Council of Ministers to reconsider the advice given by the
Council of Ministers, the President may not act in accordance with the advice rendered after such reconsideration. 2. The President of India can grant pardon under Article 72 of the Constitution of India, to any person convicted of any offence. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Ans. (b) 14. Which one of the following statements is correct? (a) The same person can be appointed as Governor of three States. (b) A Governor can be appointed only in consultation with Chief Minister of the State concerned (c) A Governor has no power to entrust any of the functions of the State to Government of India even with the latter‘s consent (d) Only a person who has completed 30 years of age can be appointed as Governor of a State. Ans. (a) 15. Consider the following statements: 1. The President shall appoint a person who is qualified to be appointed a judge of a High Court to be Attorney-General for India. 2. In the performance of his duties the Attorney-General shall have right of audience in all courts in India. 3. The Attorney-General shall hold office during the presence of the President and shall receive such remuneration as the President may determine. Which of the statements given above is/are correct? (a) 1 only (b) 2 and 3 (c) l and 2 (d) 1, 2 and 3 Ans. (d) 16. Consider the following statements with respect to Article 107 of the Constitution of India: 1. A Bill pending in the Parliament shall lapse by reason of the prorogation of the Houses. 2. A Bill pending in the Council & States which has not been passed by the House of the People not lapse on dissolution of the House of the People. Which of the above statements is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (c) Neither 1 nor 2 Ans. (d) 17. Which one of the following is not covered under Article 20 of the Constitution of India? (a) ex post facto laws (b) Preventive detention (c) Double jeopardy (d) Self-incrimination Ans. (b) 18. Which one of the following is the correct statement? Parliament may by law, provide for the appointment of a Joint State Public Service Commission to serve the needs of two or more States,
(a) when the President deems it to be necessary (b) when the Governors of those States request the Centre to appoint such Commission (c) when a resolution to that effect is passed by the legislatures of those States (d) when the Parliament deems it to be necessary Ans (c) 19. Which of the following are not the functions of Union Public Service Commission? 1. Disciplinary matters relating to Union civil servants. 2. Matters referred to under Article 16(4). 3. Manner in which Article 335 may be given effect. 4. Principles to be followed in making appointment of Union civil servants Select the correct answer using the code given below: (a) l and 2 (b) l and 3 (c) 2 and 3 (d) 2 and 4 Ans. (c) 20. Which of the following statements is correct? A joint session of the Parliament shall be: 1. convented by the Speaker under Article 108. 2. presided over by the senior most member of the House. 3. convened by the President under Article 108 to break impasse in the pas of a Bill. Select the correct answer using the code given below: (a) 1 (b) 2 (c) 3 (d) None of these Ans. (c) 21. Consider the following statements: On proclamation of emergency under Article 352(1), the Fundamental Rights guaranteed in Article 19 become automatically suspended by virtue of Article 358. Additionally, the President of India may by order under Article 359(1) suspend: 1. the enforcement of all or any of the Fundamental Right (except Articles 20 and 21) as may be specified in his order. 2. the enforcement of all or any of the Fundamental Right except Article 21. Select the correct answer using the code given below: (a) 1 only (b) 2 only (c) Both 1 and 2 (c) Neither 1 nor 2 Ans. (a) 22. In which one of the following cases, did the Supreme Court observe that there is a need to confine the exercise of power under Article 356(1) strictly to the situation mentioned therein which is a condition precedent to the said exercise? (a) S. R. Bommai vs Union of India (b) Minerva Mills Ltd. vs Union of India (c) Golak Nath vs State of Punjab (d) State of Rajasthan vs Union of India Ans. (a)
23. Which one of the following statements is correct? Emergency shall (a) be proclaimed by the President on his satisfaction (b) be proclaimed by the President on the basis of the recommendation of the Union C (c) be declared under Article 353 (d) continue for a maximum period of three years Ans. (b) 24. What does injuria sine damno mean? (a) Damage without legal injury (b) Damage without actual injury (c) Damage in the form of legal injury only (d) Damage in the form of legal and actual injury Ans. (c) 25. Which of the following legal propositions are correct? 1. A person can claim damages even if he has suffered no loss. 2. A person can claim damages for such wrongs which are caused intentionally. 3. A person can claim damages f a wrong if it is caused by infringement of his legal right. Which of the statement given above are correct? (a) l and 2 (b) 2 and 3 (c) 1 and 3 (d) 1, 2 and 3 Ans. (c) 26. Which one of the following statements is not correct? Tort is (a) a civil wrong (b) violation of legal right conferred by general law (c) breach of duty imposed by general law (d) breach of duty imposed by particular law Ans. (d) 27. Which one of the following statements is correct? When the act of defendant falls in tort and breach of contract, the defendant may be sued (a) either in tort or breach of contract (b) both in tort and breach of contract (c) in tort only (d) in breach of contract only Ans. (b) 28. The guiding principle of foreseeability laid down in Wagon Mound‘s case for determination of liability in tort has been followed in India in which one of the following cases? (a) C. B. Singh vs The Cantonment Board, Agra (b) Sushma Mitra vs M.P.S.R.T. Corporation (c) Veeran vs Krishnamurthy (4) Manindra Nath vs Mathuradas Ans. (a 29. The Pigeon-hole theory, about the nature of tort, has been propounded by whom among the following?
(a) Salmond (b) Winfield (c) Street (d) Pollock Ans. (a) 30. A employs B, a surgeon, to attend his infant son C. By reason of B‘s negligence C is injured. Which one of the following is correct? (a) A can use B for tort only (b) Both A and C can sue B for tort only (c) A can sue B for tort or for breach of contract (d) A can sue B neither for tort nor breath of contract Ans. (b) 31. Consider the following statements: 1. Defamation is the publication of false statement intending to lower down the person in the estimation or right thinking members of the society. 2. Any word will be deemed defamatory which cause the plaintiff to be shunned or avoided by his neighbors Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Ans. (c) 32. In Municipal Corporation of Delhi vs Subhagwanti, the Supreme Court applied which one of the following principles? (a) Last opportunity rule (b) Contributory negligence (c) Basic negligence (d) Res ipsa loquitur Ans. (d) 33. Consider the following statements about legal propositions: 1. Joint tort-feasors can be sued jointly and severally. 2. They are liable for the whole damage resulting from the tort. 3. Damages may be recovered from all or either of them. Which of the statements given above is/are correct? (a) l, 2 and 3 (b) 2 and 3 (c) 1 and 3 (d) 2 only Ans. (a) 34. Consider the following statements: All persons are joint tort-feasors, who? 1. aid in the commission of wrongful act. 2. expect one and the same result of their act. 3. joined the act complained. Which of the statements given above are correct? (a) 1 and 2 (b) 1 and 3
(c) 2 and 3 (d) l, 2 and 3 Ans. (d) 35. The joint liability in respect of joint tort-feasors arises in which one of the following circumstances? 1. Agency, when one person employs another to do an act which turns out to be a tort. 2. Vicarious liability, i.e., the liability arising from relations. 3. Joint action-where two or more persons combine together to commit an act which amounts to a tort. Select the correct answer using the code given below: (a) l and 2 (b) 2 and 3 (c) 1, 2 and 3 (d) l and 3 Ans. (c) 36. Which one of the following statements is correct? Truth is a defense is defamation, if the statement is true in (a) substance only (b) contents only (c) contents as welt as substance (d) its natural meaning Ans. (a) 37. Private nuisance is an injury to the right of a person in respect of which one of the following? (a) Possession of the property (b) Ownership of property (c) Enjoyment of property (d) Both ownership and possession of property Ans. (c) 38. The window panels of a building belonging to the defendant, which was by the side of a highway, had been broken one Friday in an air-raid. The plaintiff was injured by a glass falling from the window the next Thursday by which time no repairs had been got done by the defendant. In this case, which one of the following is correct? (a) The defendant is liable for negligence (b) The defendant is liable for nuisance (c) The defendant is not liable either of nuisance or of negligence (d) The defendant would get the defense of inevitable accident Ans. (a) 39. Consider the following situation: The plaintiff, while passing through the public way-near defendant‘s premises injured by fall of snow accumulated on the roof of the defendant‘s house as a result of severe storm, for which no warning had been given by the defendant to passer-by. It is a case of which one of the following? (a) Nuisance only (b) Negligence only (c) Nuisance and negligence both (d) An act of God Ans. (d) 40. Which of the following is an important factor/are important factors to constitute the tort of nuisance? 1. Abnormal sensitivity on the part of the plaintiff. 2. Malice on the part of the defendant.
Select the correct answer using the code given below: (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 Ans. (d) 41. Which one of the following statement is correct? For the tort of false imprisonment (a) the plaintiff must be restrained from moving to any direction (b) the plaintiff must be restrained to move in particular direction (c) the fact of imprisonment must be known to the plaintiff (d) the imprisonment must be for a considerable period Ans. (a) 42. Consider the following statements in regard to institute a case of malicious prosecution: 1. The proceeding must have been instituted by the defendant. 2. The proceeding must hate terminated in favour of the defendant. 3. The defendant must have acted without reasonable and probable cause. 4. The defendant must have acted maliciously. Which of the statements given above are correct? (a) l, 2 and 3 (b) l, 3 and 4 (c) 2, 3 and 4 (d) l, 2 and 4 Ans. (b) 43. Consider the following statements: For the offence of adultery, under Section 497 I.P.C. 1. both the partners can be punished. 2. the wife shall not be punishable as an abettor. 3. the imprisonment for adultery may extend for a term of five years. Which of the statements given above is/are correct? (a) 2 only (b) 1 and 2 (c) 2 and 3 (d) l and 3 Ans. (c) 44. What is the prime object of criminal law? (a) To punish the forbidden conduct (b) To protect public property (c) To protect public and private property (d) To protect public by maintenance of law and order Ans. (d) 45. Section 292 I.P.C. makes the selling, hiring distributing, publicly exhibiting, importing etc. of obscene books, pamphlets, writing, drawing etc.an offence. Which one of the following is correct? Mens rea is (a) required only for selling and hiring books (b) required Sly for exhibiting (c) required only for importing and exporting
(d) not required at all for offences under S. 292 Ans. (d) 46. No criminal proceedings shall be instituted or continued against which one of the following in any court during the term of his office? (a) President, Vice-President or Governor (b) President, Prime Minister and Governor (c) President and Governor only (d) President, Vice-President and Prime Minister Ans. (c) 47. The right of private defense of property extends to causing death of the wrongdoer under certain descriptions. Which one of the following description is not included in those? (a) Robbery (b) House breaking by night (c) Lurking house trespass by night (d) Mischief by fire on any human dwelling Ans. (c) 48. Match List- I with List- II and select the correct answer using the code given below the Lists: List-I List -II A. Krishna Govind Patil v State of Maharashtra 1. Abetment B. Sheo Dial Mal case 2. Proof of Conspiracy C. Kehar Singh vs State 3. Common Intention 4. Joint liability Codes: ABC (a) 3 1 2 (b) 2 4 3 (c) 2 1 3 (d) 3 4 2 Ans. (a) 49. Five persons attempted to take away the wife of one of them from her brother‘s home. In scuffle with his brother-in the husband shot him dead. Which one of the following is correct? (a) All are liable for murder because they had common intention (b) All are riot liable because they had no common intention (c) All are liable because they had common object (d) All are not liable as they had no common object Ans. (c) 50. What is the basic difference between Section 34 and Section 149 of I.P.C.? (a) Section 34 creates a principle of joint liability and does not create a specific offence. Section 149 creates a specific offence (b) Section 149 does not create a specific offence but Section 34 creates a specific offence (c) Both create specific offences but the principle of joint liability is created only by Section 34 (d) Both create specific offences but the principle of joint liability is created only by Section 149 Ans. (a)
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