Question 1

Which of the following statements is correct?

Accepted Answer

Correct Option: Abettor's and principal offender may be differently liable for different offences.. In abetment, the abettor's liability is independent of the principal offender's liability. They can be liable for different offences or even if the principal offender is not liable. Option (C) correctly states that their liabilities can differ.

Question 2

Which one of the following correctly distinguishes theft from extortion?

Accepted Answer

Correct Option: In theft movable property must be dishonestly taken whereas in extortion there is delivery of the thing extorted.. The key distinction is that theft involves taking property without consent, while extortion involves obtaining consent for delivery through fear or threat. So, in theft, property is 'taken', and in extortion, it is 'delivered' by the victim due to coercion.

Question 3

'A' intentionally causes 'Z's death partly by illegally omitting to give 'Z' food and partly by beating 'Z', 'A' is liable for murder by virtue of which one of the following sections of the Indian Penal Code?

Accepted Answer

Correct Option: Section 37. Section 37 of the IPC deals with cooperation by doing one of several acts constituting an offence. If an offence is committed by means of several acts, whoever intentionally cooperates in the commission of that offence by doing any one of those acts, either singly or jointly with any other person, commits that offence. Here, 'A' causes death by two acts (omission and beating), both contributing to the same result.

Question 4

'A' signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn an another person of the same name 'A' has committed

Accepted Answer

Correct Option: Forgery. Forgery under IPC Section 463 involves making a false document or false electronic record with intent to cause damage or injury, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed. Even signing one's own name with the intent to make it appear as if it was signed by another person of the same name, thereby causing deception, constitutes forgery.

Question 5

'A', a Spanish citizen, who was residing in Paris, instigated the commission of an offence which is consequence was committed in India. He

Accepted Answer

Correct Option: is liable since the Indian Penal Code also extends to extra-territorial acts. The Indian Penal Code (IPC) has extra-territorial jurisdiction under Sections 3 and 4. If the consequence of an act (instigation) committed abroad results in an offence in India, the IPC's extra-territorial reach allows for liability, establishing a nexus to India.

Question 6

Offence under Chapter IV of the Narcotic Drugs and Psychotropic Substances Act, 1985 are cognizable

Accepted Answer

Correct Option: and not bailable. Offences under the NDPS Act, especially those involving significant quantities, are generally cognizable and non-bailable. This is a characteristic feature of serious drug-related offences to ensure strict enforcement.

Question 7

The establishment of a Sessions Court as a special court to try offences under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 requires concurrence of

Accepted Answer

Correct Option: Chief justice of the concerned High Court. Section 14 of the SC/ST (POA) Act, 1989, states that the State Government shall, with the concurrence of the Chief Justice of the High Court, specify a Court of Session to be a Special Court.

Question 8

Any person aggrieved by the order made by the competent authority under the juvenile justice (Care and Protection of Children) Act, 2000 can appeal to

Accepted Answer

Correct Option: The Sessions Court. Under the Juvenile Justice (Care and Protection of Children) Act, 2000, appeals from orders of the Juvenile Justice Board or Child Welfare Committee generally lie to the Court of Session.

Question 9

Which one of the following is not theft of electricity?

Accepted Answer

Correct Option: Using electricity as per the licence. Theft of electricity involves unauthorized consumption or diversion. Using electricity as per the license means it is authorized and paid for, hence it is not theft. The other options describe methods of unauthorized consumption.

Question 10

Which one of the following Act, 2000 applies also to an offence committed outside of India when the

Accepted Answer

Correct Option: act or conduct constituting the offence involves a computer, computer system or computer network irrespective of its location. The Information Technology Act, 2000 (IT Act) has extra-territorial jurisdiction under Section 75. It applies to any offence or contravention committed outside India by any person, irrespective of their nationality or the physical location of the act, if the act or conduct involves a computer, computer system or computer network located in India. The phrase 'irrespective of its location' in option (C) refers to the location of the offender or the act, not the computer resource itself, which must be in India.

Question 11

In a criminal case documents are exhibited as which one of the following?

Accepted Answer

Correct Option: Ex-P-1 by one party and Ex-D-1 by the other. In Indian legal practice, documents exhibited by the prosecution are typically marked as 'Ex. P-1, Ex. P-2, etc.' (P for Prosecution), and documents exhibited by the defense are marked as 'Ex. D-1, Ex. D-2, etc.' (D for Defense).

Question 12

Select the right option based on following Assertion-Reason: Assertion (A): The evidence of an accomplice requires to be accepted with a great degree of caution and scrutiny. Reason (R): He hopes for pardon or has secured it and so favours the prosecution.

Accepted Answer

Correct Option: Both (A) and (R) are individually true and (R) is correct explanation of (A). Assertion (A) is true. It is a well-established principle of criminal law that the evidence of an accomplice is inherently unreliable and requires corroboration because accomplices are often motivated by self-preservation. Reason (R) is also true and provides the direct explanation for (A). An accomplice, by turning approver, often testifies for the prosecution in exchange for a pardon or a lighter sentence, which creates a strong motive to fabricate or exaggerate evidence to favor the prosecution.

Question 13

Select the right option based on following Assertion-Reason: Assertion (A): The principal 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.

Accepted Answer

Correct Option: Both (A) and (R) are individually true, but (R) is not the correct explanation (A). Assertion (A) is true: 'Equality before law' means equal treatment for those in similar situations. Reason (R) is also true: People are inherently different in nature, attainment, and circumstances. However, (R) does not explain (A). (A) defines what equality before law means, while (R) states a factual observation about human differences. The principle of equality before law acknowledges these differences and aims to treat equals equally, and unequals unequally (but justly).

Question 14

Select the right option based on following Assertion-Reason: Assertion (A): The offence of dishonor of cheque excludes mens rea. Reason (R): If creates strict liability.

Accepted Answer

Correct Option: Both (A) and (R) are individually true and (R) is correct explanation of (A). Assertion (A) is true. Offences under Section 138 of the Negotiable Instruments Act (dishonor of cheque) are generally considered strict liability offences, meaning that the prosecution does not need to prove mens rea (guilty mind) beyond the act of dishonor and failure to pay after notice. Reason (R) is also true and correctly explains (A). Strict liability offences are those where the mere commission of the prohibited act is sufficient for conviction, regardless of the defendant's mental state.

Question 15

Ban on smoking in public place is a violation of which one of following articles of the constitution?

Accepted Answer

Correct Option: Article 21. The Supreme Court of India has held that smoking in public places violates the right to life (Article 21) of non-smokers, as passive smoking is harmful. The right to life includes the right to live in a clean environment free from pollution.

Question 16

In which one of the following cases it was held that telephone tapping is an invasion of right to privacy?

Accepted Answer

Correct Option: People's Union for Civil Liberties v. Union of India. In the landmark case of People's Union for Civil Liberties (PUCL) v. Union of India (1997), the Supreme Court of India held that telephone tapping is a serious invasion of an individual's right to privacy, which is an integral part of the right to life and personal liberty guaranteed under Article 21 of the Constitution. The court laid down guidelines for telephone tapping to prevent its misuse.

Question 17

Select the right option based on following Assertion-Reason: Assertion (A): Non-inclusion of Rajasthani language in the Eighth schedule of the constitution does not violate Article 14. Reason (R): Such policy matters have to be left of the state.

Accepted Answer

Correct Option: Both (A) and (R) are individually true and (R) is correct explanation of (A). Assertion (A) is true. The Supreme Court has generally held that the non-inclusion of a language in the Eighth Schedule is a policy matter and does not violate Article 14. Reason (R) is also true and provides the explanation for (A). The decision to include or not include a language in the Eighth Schedule is a policy decision of the state (Union Government), and courts generally defer to such policy decisions unless they are arbitrary or discriminatory.

Question 18

Which one of the following is not a condition precedent to the release of an offender on probation under Section 4, Probation of Offenders Act, 1958?

Accepted Answer

Correct Option: Amount of damage caused by the offender. Section 4 of the Probation of Offenders Act, 1958, allows a court to release an offender on probation, considering the circumstances of the case, the nature of the offence, and the character of the offender. While damage caused might influence the amount of compensation ordered, it is not explicitly listed as a condition precedent for granting probation itself.

Question 19

Which one out of the following is not a fundamental Right?

Accepted Answer

Correct Option: Right to strike. The Right to strike is not recognized as a fundamental right under the Indian Constitution. While workers may have a legal right to strike under labor laws, it is not a fundamental right guaranteed by the Constitution. Rights against exploitation (Article 23-24), to equality (Article 14-18), and to freedom of religion (Article 25-28) are all fundamental rights.

Question 20

The Jurisdiction of the Supreme Court may be enlarged by the

Accepted Answer

Correct Option: Parliament by law. Article 138 of the Indian Constitution empowers the Parliament to enlarge the jurisdiction of the Supreme Court by law. This means that Parliament can pass a law to confer additional jurisdiction and powers upon the Supreme Court.

Question 21

Under section 10, Code of Civil Procedure, 1908, a court during pendency of a suit before it

Accepted Answer

Correct Option: shall not proceed to try though may entertain second unit. Section 10 of the Code of Civil Procedure, 1908, deals with the doctrine of 'Res Sub Judice' (stay of suit). It states that no court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties. However, it does not bar the court from entertaining the suit; it only bars the court from proceeding with the trial.

Question 22

While executing a decree of other State on reciprocity, a court

Accepted Answer

Correct Option: can execute the decree in the same manner as if it itself had passed it. Section 44A of the Code of Civil Procedure, 1908, provides for the execution of decrees passed by courts in reciprocating territories. It states that such a decree may be executed in India as if it had been passed by a District Court in India. This means the executing court treats it as its own decree for execution purposes.

Question 23

A court to which decree has been transferred for execution cannot, while executing?

Accepted Answer

Correct Option: order execution at the instance of the transferee of the decree. A court to which a decree has been transferred for execution generally has the same powers in executing the decree as if it had been passed by itself (Section 42 CPC). This includes ordering attachment, executing against legal representatives, and even sending it to another court. However, Order XXI Rule 16 of CPC requires a transferee of a decree to apply for execution, and typically, the court that passed the decree is the one to recognize the transfer before the executing court can proceed at the transferee's instance, unless the transfer is by operation of law. The question implies a limitation on the transferee court's ability to initiate execution on its own for a transferee, which is generally true without proper application and recognition.

Question 24

The transferee of a decree

Accepted Answer

Correct Option: shall hold the equities which the judgement debtor might have enforced against the original decree holder. Order XXI Rule 16 of the Code of Civil Procedure, 1908, states that where a decree is transferred by assignment in writing or by operation of law, the transferee may apply for execution. However, the transferee takes the decree subject to all equities which the judgment-debtor might have enforced against the original decree-holder. This means the transferee cannot claim a better position than the original decree-holder.

Question 25

When a commission has been issued under section 75, Code of Civil Procedure, 1908, the commission, if not a Judge of Civil Court?

Accepted Answer

Correct Option: cannot impose penalties of the fine and initiate contempt of court proceedings. A commissioner appointed under Section 75 of CPC (e.g., for examination of witnesses, local investigation) has powers to summon witnesses, examine them, and require production of documents. However, a commissioner, unless specifically empowered by law or the court, does not possess judicial powers such as imposing fines or initiating contempt proceedings, which are reserved for courts.

Question 26

Under which of the following provisions of the Code of Civil Procedure, 1908 an ex-parte order and ex-parte decree may be set aside?

Accepted Answer

Correct Option: Order 9, Rule 7 and Order 9, Rule 13. Order 9 Rule 7 of the Code of Civil Procedure, 1908, provides for setting aside an ex-parte order (when the defendant fails to appear on an adjourned hearing). Order 9 Rule 13 provides for setting aside an ex-parte decree (when a decree is passed against a defendant who did not appear).

Question 27

Interpleader suit cannot be instituted

Accepted Answer

Correct Option: where a suit is pending in which the rights of all parties can properly by decided. Section 86 of the Code of Civil Procedure, 1908, deals with interpleader suits. An interpleader suit is filed when two or more persons claim adversely to one another the same debt, sum of money, or other property from another person (the plaintiff) who claims no interest therein other than for charges or costs. If a suit is already pending where the rights of all parties can be properly decided, an interpleader suit is generally not maintainable as it would be redundant.

Question 28

Once revision is made before the court under the Code of Civil Procedure, 1908, it

Accepted Answer

Correct Option: shall not operate as a stay of suit or other proceeding before the court except where such suit or proceeding is stayed by the court. Section 115 of the Code of Civil Procedure, 1908, which deals with revision, explicitly states that a revision application shall not operate as a stay of proceedings in any suit or proceeding before the court below, except where such proceedings are stayed by the High Court. A stay order must be specifically granted by the revisional court.

Question 29

A caveat under the Code of Civil Procedure, 1908 may be lodged when any

Accepted Answer

Correct Option: suit or proceeding is instituted or about to be instituted. Section 148A of the Code of Civil Procedure, 1908, allows a caveat to be lodged by any person claiming a right to appear before the Court on the hearing of an application that is expected to be made or has been made in a suit or proceeding. This covers both existing and anticipated legal actions.

Question 30

'A' and 'B', two members of a three member partnership firm, bring a suit for recovery of the debt due from 'X' to the firm, but their firm is not registered on the date of the institution of the suit. The suit

Accepted Answer

Correct Option: is liable to be rejected in view of section 69, Partnership Act. Section 69(2) of the Indian Partnership Act, 1932, bars a suit to enforce a right arising from a contract by or on behalf of an unregistered firm against any third party. Therefore, the suit brought by 'A' and 'B' on behalf of an unregistered firm would be liable to be rejected.

Question 31

Which one of the following contracts is specifically enforceable?

Accepted Answer

Correct Option: 'A' contracts to sell and 'B' contracts to buy a residential building. Specific performance is generally granted for contracts involving immovable property because monetary compensation is often not an adequate remedy for the unique nature of land or buildings. Contracts involving personal skill (like writing a literary work) or personal relationships (like marriage) are typically not specifically enforceable. A contract by a guardian for a minor's property might require court sanction and has specific rules.

Question 32

Crossword competition is

Accepted Answer

Correct Option: contingent contract. A crossword competition, if it involves a substantial degree of skill, is generally considered a contingent contract, not a wagering agreement. Wagering agreements are void, but contingent contracts are valid. If it's purely based on chance, it might be a wager, but typically, crosswords involve skill.

Question 33

An advertisement of auction is

Accepted Answer

Correct Option: invitation to offer. An advertisement for an auction is considered an invitation to offer (or invitation to treat). It is not an offer itself. The bids made by prospective buyers at the auction constitute offers, which the auctioneer may then accept or reject.

Question 34

In which one of the following, consideration is not required?

Accepted Answer

Correct Option: contract of bailment. While consideration is generally essential for a valid contract under the Indian Contract Act, 1872, a gratuitous bailment (where goods are delivered for a purpose without any charge or reward) is an exception where consideration in the traditional sense is not required. The delivery of goods itself can be seen as a form of consideration, but it's often cited as an exception to the strict requirement of consideration moving from both sides.

Question 35

'A' agrees to pay 'B' a sum of money if 'B' gets married to 'C'. 'C' marries 'D'. In such a situation, which one of the following statements, is correct?

Accepted Answer

Correct Option: The performance of the agreement will be deemed impossible. This is a contingent contract, contingent upon 'B' marrying 'C'. Since 'C' has married 'D', it becomes impossible for 'B' to marry 'C' (at least in a legally recognized way, without 'C' divorcing 'D' first, which is not part of the original condition). Therefore, the performance of the condition has become impossible, rendering the contract void under Section 32 of the Indian Contract Act, 1872.

Question 36

'A' asked 'B', "I want to purchase your bike. What will be the cost"? 'B' replied that the cost will not be less than Rs. 20,000. 'A' was interested to purchase it for Rs. 20,000. Which one of the following statement is correct?

Accepted Answer

Correct Option: There was neither a proposal nor an acceptance. 'A' asking 'What will be the cost?' is merely an inquiry, not an offer. 'B's' reply 'not less than Rs. 20,000' is a statement of price or an invitation to offer, not a definite offer. 'A' being 'interested to purchase it for Rs. 20,000' could be considered an offer, but it was not accepted by 'B'. Therefore, no valid proposal and acceptance, which are essential for a contract, have occurred.

Question 37

An easement which not being an easement of absolute necessity, comes into existence by presumed grant or operation of law is called

Accepted Answer

Correct Option: quasi-easement. A quasi-easement arises when an owner of a property uses one part of it for the benefit of another part, and upon severance of the property (e.g., by sale of one part), the continuous and apparent easement is impliedly granted or reserved. It is not an easement of absolute necessity but is based on prior enjoyment and presumed intention, coming into existence by presumed grant or operation of law.

Question 38

'Neighbour principle' was propounded by Lord Atkin in

Accepted Answer

Correct Option: Donoghue v. Stevenson. The 'neighbour principle', which forms the basis of the modern law of negligence, was famously articulated by Lord Atkin in the landmark English case of Donoghue v. Stevenson (1932). It states that one must take reasonable care to avoid acts or omissions which one can reasonably foresee would be likely to injure one's neighbour.

Question 39

'The rule of last opportunity' was laid down in

Accepted Answer

Correct Option: Davies v. Mann. The 'rule of last opportunity' (also known as the 'last clear chance' rule) was a common law doctrine in tort law, particularly in cases of contributory negligence. It was established in the English case of Davies v. Mann (1842).

Question 40

A Hindu woman aged twenty years adopts a Hindu boy aged twenty years. The adoption is

Accepted Answer

Correct Option: void. Under Section 11(iv) of the Hindu Adoptions and Maintenance Act, 1956, if the adoption is by a female, and the person to be adopted is a male, the adopter must be at least twenty-one years older than the person to be adopted. In this case, both are twenty years old, so the age difference requirement is not met, making the adoption void.

Question 41

Which one of the following is defamatory?

Accepted Answer

Correct Option: Publishing a false report in newspaper that a minister was involved in a kidnapping case. Defamation involves publishing a false statement that harms someone's reputation. Publishing a false report alleging a minister's involvement in a kidnapping case would be defamatory as it is a false statement causing damage to reputation. Options A, B, and C generally fall under qualified privilege, meaning they are protected if they are fair and accurate reports of public proceedings and made without malice.

Question 42

Joint tort-feasors may be held liable

Accepted Answer

Correct Option: jointly and severally for the whole damage. Joint tort-feasors are persons who are jointly responsible for a tort. They are liable jointly and severally, meaning the plaintiff can sue them together or individually, and each is liable for the full amount of the damage. The plaintiff can recover the entire compensation from any one of them, and that tort-feasor may then seek contribution from the others.

Question 43

As a result of a collision between two buses a Passenger in one of the buses died. The accident occurred due to negligence of the drivers of both the buses. In a suit by the legal representative of the deceased against owners of both the buses, which one of the following statements is legally sustai

Accepted Answer

Correct Option: Each owner of the buses is liable for the whole damage. When two or more persons by their independent acts cause damage to a third person, and it is not possible to determine the exact contribution of each, they are considered concurrent tort-feasors. In such cases, they are jointly and severally liable for the entire damage to the innocent victim. The victim can recover the full amount from any one of them.

Question 44

Which one of the following did not emerge from the case of Donoghue v. Stevenson?

Accepted Answer

Correct Option: Manufacturers have to pay damages to consumers whenever damage is caused by the products. Donoghue v. Stevenson established the 'neighbour principle' and the manufacturer's duty of care to the ultimate consumer, even in the absence of a contract. It held that manufacturers are liable if they fail to take reasonable care to ensure their products are safe, not that they are liable whenever damage is caused. Liability is based on a breach of duty of care, not strict liability for all damages.

Question 45

Who cannot file an application for compensation under section 166 of the Motor Vehicles Act, 1988?

Accepted Answer

Correct Option: A public interested person. Section 166 of the Motor Vehicles Act, 1988, specifies that an application for compensation can be made by the person who has sustained the injury, or by the owner of the property, or where death has resulted from the accident, by all or any of the legal representatives of the deceased. A 'public interested person' (like in Public Interest Litigation) does not have locus standi to file a compensation claim under this section.

Question 46

If within thirty days the parties fail to appoint their arbitrators, or the arbitrators fail to appoint the third arbitrator, the arbitrator shall be appointed by the

Accepted Answer

Correct Option: Chief Justice or a person/institution designated by him. Under Section 11 of the Arbitration and Conciliation Act, 1996, if the parties fail to appoint an arbitrator or the appointed arbitrators fail to agree on the third arbitrator, the appointment shall be made, on an application of a party, by the Chief Justice or any person or institution designated by him (or by the Supreme Court/High Court, depending on the jurisdiction).

Question 47

If any party to a proceeding before a revenue court does not appear on the date fixed for hearing, the revenue court may

Accepted Answer

Correct Option: determine the case in his absence. Revenue courts, like civil courts, generally have the power to proceed ex-parte (in the absence of a party) if the absent party has been duly served with notice. This means the court can determine the case based on the available evidence and arguments of the present party. While dismissal in default is also a possibility, determining the case in absence is a more comprehensive power.

Question 48

Specific performance of contract is allowed where

Accepted Answer

Correct Option: compensation is not the adequate relief. Section 10 of the Specific Relief Act, 1963, states that specific performance of a contract may be enforced when compensation in money for the non-performance of the act is not an adequate relief. This is the primary condition for granting specific performance.

Question 49

Under pious obligation a son is obliged to pay a debt contracted by his farther

Accepted Answer

Correct Option: before partition. Under the doctrine of pious obligation in Hindu law, a son is obliged to pay his father's debts (not incurred for immoral or illegal purposes) out of his share in the ancestral property. This obligation, however, ceases once a partition of the joint family property takes place.

Question 50

'अपकर्श' का विलोम शब्द क्या है (What is the antonym of 'Apkarsh'?)

Accepted Answer

Correct Option: उत्कर्ष (Utkarsh). 'अपकर्श' (Apkarsh) means degradation, decline, or deterioration. Its antonym is 'उत्कर्ष' (Utkarsh), which means progress, elevation, excellence, or prosperity.

Question 51

Under Hindu Law a mother, in the absence of her son's father, sells her minor son's immovable property. The minor son, on attaining majority, can challenge this transaction

Accepted Answer

Correct Option: on the ground of not taking permission from the court. Under Section 8 of the Hindu Minority and Guardianship Act, 1956, a natural guardian (which includes the mother in the absence of the father) requires prior permission of the court to sell, mortgage, or otherwise transfer any part of the immovable property of the minor. A transaction without such permission is voidable at the instance of the minor.

Question 52

Which one of the following is not correct? Under Hindu Law a person can be adopted if he is

Accepted Answer

Correct Option: Above fifteen years of age. Under Section 10(iv) of the Hindu Adoptions and Maintenance Act, 1956, a person to be adopted must not have completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption. Therefore, 'Above fifteen years of age' is generally not correct.

Question 53

Maina Bibi v. Choudhary Vakil Ahmed is related to

Accepted Answer

Correct Option: Maintenance. The case of Maina Bibi v. Choudhary Vakil Ahmed (1924) is a significant case in Muslim law that deals with the wife's right to retain possession of her husband's property until her dower (mahr) is paid, which is a form of maintenance or deferred dower.

Question 54

Which one of the following is not a ground for dissolution of a Muslim marriage under the Dissolution of Muslim Marriage Act, 1939?

Accepted Answer

Correct Option: Non-payment of mahr. The Dissolution of Muslim Marriages Act, 1939, lists various grounds for a Muslim wife to obtain a decree for dissolution of marriage. These include the husband's whereabouts not being known for four years, the wife exercising the option of puberty, and non-maintenance by the husband for two years. However, non-payment of mahr (dower) is not explicitly listed as a ground for dissolution under this Act, although it can be a ground for other remedies.

Question 55

Which one of the following is not an actionable claim?

Accepted Answer

Correct Option: A secured debt. Section 3 of the Transfer of Property Act, 1882, defines an actionable claim as a claim to any debt, other than a debt secured by mortgage of immovable property or by hypothecation or pledge of movable property. Therefore, a secured debt is explicitly excluded from the definition of an actionable claim.

Question 56

Which one of the following is an exception to the rule against perpetuity?

Accepted Answer

Correct Option: Pre-emption. The rule against perpetuity (Section 14 of the Transfer of Property Act, 1882) prevents property from being tied up indefinitely. While personal covenants (which do not create an interest in property) are generally outside the scope of the rule, pre-emption rights, especially those that are personal or limited in time, are often considered an exception or not subject to the rule against perpetuity. Permanent transfers for gift would generally be subject to the rule.

Question 57

Under the Transfer of Property Act, 1882 a charge may be created by

Accepted Answer

Correct Option: acts of parties and process of law. Section 100 of the Transfer of Property Act, 1882, states that a charge may be created either by act of parties (e.g., by agreement) or by operation of law (e.g., a statutory charge). Therefore, both are valid ways to create a charge.

Question 58

'A' borrowed a sum of money from 'B'. The last date for filing the suit falls on a Sunday. On Monday, the next day, 'A' gives a written acknowledgement to 'B'. In this case

Accepted Answer

Correct Option: Section 18, Limitation Act, 1963 gives a circumstances. Section 18 of the Limitation Act, 1963, deals with the effect of acknowledgment in writing. If an acknowledgment of liability is made in writing before the expiration of the prescribed period for a suit or application, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed. Since the last date was Sunday, and the acknowledgment was given on Monday (the next working day), it would extend the limitation period, making Section 18 applicable.

Question 59

A permanent Lok Adalat shall take cognizance of any

Accepted Answer

Correct Option: public utility service related matter where the value of the property in dispute exceeds 10 lakh rupees. Section 22C of the Legal Services Authorities Act, 1987, specifies that Permanent Lok Adalats have jurisdiction over disputes relating to any public utility service. However, the proviso states that the Permanent Lok Adalat shall have jurisdiction only if the value of the property in dispute does not exceed ten lakh rupees. The option states 'exceeds 10 lakh rupees', which is technically incorrect as per the Act. Assuming there's a typo in the question or option and the intent was to identify 'public utility service related matter' as the correct type of matter, this option is chosen. If strictly interpreted, none of the options are perfectly correct as written, but 'public utility service related matter' is the specific domain of Permanent Lok Adalats.

Question 60

An application for residential order shall be made by a victim of domestic violence before a

Accepted Answer

Correct Option: Magistrate of the First Class. Under the Protection of Women from Domestic Violence Act, 2005, an application for a protection order, including a residential order, can be made to a Judicial Magistrate of the First Class or a Metropolitan Magistrate having jurisdiction.

Question 61

The weather is .

Accepted Answer

Correct Option: clearing up. The phrasal verb 'clearing up' is used to describe weather that is improving, typically from cloudy or rainy conditions to clear skies. So, 'The weather is clearing up' means it's getting better.

Question 62

Which one of the following is not correct?

Accepted Answer

Correct Option: A Magistrate can under section 156(3), code of criminal procedure, 1973 send a complaint of non-cognizable offence to the police. Section 156(3) of the CrPC empowers a Magistrate to direct an investigation in a cognizable case. For a non-cognizable offence, a Magistrate cannot direct investigation under 156(3) without taking cognizance first (Section 155(2)). Therefore, sending a complaint of a non-cognizable offence to the police for investigation under 156(3) is not correct.

Question 63

An accused can make an application for plea bargaining if and when he is alleged to have committed the offence

Accepted Answer

Correct Option: affecting socio economic condition of the country. Chapter XXI-A of the CrPC deals with plea bargaining. Section 265A specifies certain exclusions. Plea bargaining is not applicable to offences affecting the socio-economic condition of the country, or committed against a woman or a child below the age of fourteen years, or punishable with death, life imprisonment, or imprisonment for a term exceeding seven years. The question is phrased to ask for an eligible offence, but the tick mark is on an excluded category. Interpreting the question as 'for which of the following offences is plea bargaining not applicable?', then 'affecting socio economic condition of the country' is correct as per Section 265A(b).

Question 64

When at the state of framing of charge the sessions court feels that the case in not exclusively triable by it, it may.

Accepted Answer

Correct Option: Frame the charge and transfer the case to the Chief Judicial Magistrate/ Magistrate of the first class.. Section 228 of the CrPC states that if, after framing the charge, the Sessions Court is of the opinion that the case is not exclusively triable by it, it may transfer the case to the Chief Judicial Magistrate or any other Judicial Magistrate of the first class, and direct the accused to appear before such Magistrate.

Rajasthan Judiciary Pre 2011

120 Questions Available

Rajasthan Judiciary Pre 2011

120 Questions Available

Question 1: Which of the following statements is correct?

Question 2: Which one of the following correctly distinguishes theft from extortion?

Question 3: 'A' intentionally causes 'Z's death partly by illegally omitting to give 'Z' food and partly by beating 'Z', 'A' is liable for murder by virtue of whi

Question 4: 'A' signs his own name to a bill of exchange, intending that it may be believed that the bill was drawn an another person of the same name 'A' has com

Question 5: 'A', a Spanish citizen, who was residing in Paris, instigated the commission of an offence which is consequence was committed in India. He

Question 6: Offence under Chapter IV of the Narcotic Drugs and Psychotropic Substances Act, 1985 are cognizable

Question 7: The establishment of a Sessions Court as a special court to try offences under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act

Question 8: Any person aggrieved by the order made by the competent authority under the juvenile justice (Care and Protection of Children) Act, 2000 can appeal to

Question 9: Which one of the following is not theft of electricity?

Question 10: Which one of the following Act, 2000 applies also to an offence committed outside of India when the

Question 11: In a criminal case documents are exhibited as which one of the following?

Question 12: Select the right option based on following Assertion-Reason: Assertion (A): The evidence of an accomplice requires to be accepted with a great degree

Question 13: Select the right option based on following Assertion-Reason: Assertion (A): The principal of equality before law means that there should be equality o

Question 14: Select the right option based on following Assertion-Reason: Assertion (A): The offence of dishonor of cheque excludes mens rea. Reason (R): If create

Question 15: Ban on smoking in public place is a violation of which one of following articles of the constitution?

Question 16: In which one of the following cases it was held that telephone tapping is an invasion of right to privacy?

Question 17: Select the right option based on following Assertion-Reason: Assertion (A): Non-inclusion of Rajasthani language in the Eighth schedule of the constit

Question 18: Which one of the following is not a condition precedent to the release of an offender on probation under Section 4, Probation of Offenders Act, 1958?

Question 19: Which one out of the following is not a fundamental Right?

Question 20: The Jurisdiction of the Supreme Court may be enlarged by the

Question 21: Under section 10, Code of Civil Procedure, 1908, a court during pendency of a suit before it

Question 22: While executing a decree of other State on reciprocity, a court

Question 23: A court to which decree has been transferred for execution cannot, while executing?

Question 24: The transferee of a decree

Question 25: When a commission has been issued under section 75, Code of Civil Procedure, 1908, the commission, if not a Judge of Civil Court?

Question 26: Under which of the following provisions of the Code of Civil Procedure, 1908 an ex-parte order and ex-parte decree may be set aside?

Question 27: Interpleader suit cannot be instituted

Question 28: Once revision is made before the court under the Code of Civil Procedure, 1908, it

Question 29: A caveat under the Code of Civil Procedure, 1908 may be lodged when any

Question 30: 'A' and 'B', two members of a three member partnership firm, bring a suit for recovery of the debt due from 'X' to the firm, but their firm is not reg

Question 31: Which one of the following contracts is specifically enforceable?

Question 32: Crossword competition is

Question 33: An advertisement of auction is

Question 34: In which one of the following, consideration is not required?

Question 35: 'A' agrees to pay 'B' a sum of money if 'B' gets married to 'C'. 'C' marries 'D'. In such a situation, which one of the following statements, is corre

Question 36: 'A' asked 'B', "I want to purchase your bike. What will be the cost"? 'B' replied that the cost will not be less than Rs. 20,000. 'A' was interested t

Question 37: An easement which not being an easement of absolute necessity, comes into existence by presumed grant or operation of law is called

Question 38: 'Neighbour principle' was propounded by Lord Atkin in

Question 39: 'The rule of last opportunity' was laid down in

Question 40: A Hindu woman aged twenty years adopts a Hindu boy aged twenty years. The adoption is

Question 41: Which one of the following is defamatory?

Question 42: Joint tort-feasors may be held liable

Question 43: As a result of a collision between two buses a Passenger in one of the buses died. The accident occurred due to negligence of the drivers of both the

Question 44: Which one of the following did not emerge from the case of Donoghue v. Stevenson?

Question 45: Who cannot file an application for compensation under section 166 of the Motor Vehicles Act, 1988?

Question 46: If within thirty days the parties fail to appoint their arbitrators, or the arbitrators fail to appoint the third arbitrator, the arbitrator shall be

Question 47: If any party to a proceeding before a revenue court does not appear on the date fixed for hearing, the revenue court may

Question 48: Specific performance of contract is allowed where

Question 49: Under pious obligation a son is obliged to pay a debt contracted by his farther

Question 50: 'अपकर्श' का विलोम शब्द क्या है (What is the antonym of 'Apkarsh'?)