TN CIVIL JUDGE EXAM 2012 MODEL QUESTION PAPER 1

Duration : 3 Hours] (English Version) Instructions to the Candidates :

i) ii)

[Max. Marks : 100

Candidates are given the option of writing the answers either in Tamil or in English, but not in both. Part I of the Paper consists of five Sections Sections A to E. This Part consists of Multiple Choice Type questions. All questions in Sections A to E of Part I have to be answered.

iii) Each question in Sections A to E of Part-I carries 1 (one) mark each. There is negative marking. If the answer is wrong. (half) mark will be deducted. There is no negative marking if a question is not attempted. iv) Part-II of the Paper consists of Essay Type questions. All questions have to be answered. The answer to each question should not exceed three hundred words. each question carries 10 (ten) marks.

PART - I SECTION - A
1. Article 21-A- Right to education to all children of the age of six to fourteen years has been inserted in the constitution by: a) The Constitution (43rd Amendment) Act, 1977 b) The Constitution (86th Amendment) Act, 2002. 2. The doctrine of Territorial Nexus is related with: a) Article-13 the case of: a) Ashok Kumar Thakur Vs. State of Bihar b) Maneka Gandhi Vs. Union of India a) Article 57 b) Article 58 c) Indira Sawhney Vs. Union of India d) Minerva Mills Vs. Union of India c) Article 59 d) Article - 60 b) Article 211 c) Article 245 d) Article - 300 3. Creamy layer rule excluding the well placed members of a caste from reservation was first laid down in c) The Constitution (70th Amendment) Act, 1992 d) The Constitution (74th Amendment) Act, 1992.

4. In which Article of the constitution, the eligibility for re-election of the President is given? 5. 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 of India? a) D.P.Joshi Vs State of Madhya Bharat b) M.R. Balaji Vs. State of Mysore 6. Given Below are two statement: Assertion (A): Right of Education is a fundamental Right. Reason (R): Our Constitution has no provision for education before making right to education as fundamental right. In the context of the above, which one is correct? 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. c) State of Madras vs. Champakam Dorairajan d) T.Devadasan Vs. Union of India.

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7. Autre Fois Acquit principle is related to: a) Retrospective-operators b) Double jeopardy a) a joint sitting of two houses b) the President of India A. B. C. D. India, that is Bharat is a Union of States Liberty of Thought, Expression and Worship Freedom of Speech and Expression Protection of Interest of Minorities A (a) (b) (c) (d) 1 2 3 4 B 2 1 1 3 C 3 3 2 2 D 4 4 4 1 c) Ex post facto law d) Self-incrimination c) the Prime Minister of India

8. When the two houses of parliament differ regarding a Bill, then the deadlock is resolved by: d) Special Committee 1. 2. 3. 4. Preamble Right to freedom Union and its Territory Cultural and Educational Rights

9. Match List-I with List-II and select the correct answer using the codes given below the lists:

Codes:-

10. The law declared by Supreme Court of India is binding on all courts within the territory of India, but the supreme court is not bound by its decision was decided by the supreme Court itself in: a) Keshavanand Bharati vs. State of Kerala b) Indira Nehru Gandhi Vs. Raj Narain c) Madhav Rao Scindia Vs Union of India d) Bengal Immunity Co. Ltd Vs. State of Bihar.

SECTION - B
11. A fact is said to be not proved: a) When it is disproved b) When, after considering the matters before it, the court believes that it does not exist c) When a prudent man considers that the fact does not exist d) When it is neither proved nor disproved. 12. The statement in order to constitute a confession under the India Evidence Act, must either admit in terms the offence or at any rate substantially all facts which constitute the offence. a) John Makin Vs. Attorney General b) Pakla Narain Swamy Vs. Emperor a) Section-23 b) Section 27 c) H.H.B Gill Vs. King Emperor d) Q.E. vs. Abdullah c) Section 53 d) Section - 133

13. Which Section of the Indian Evidence Act, 1872 deals only with civil matters? 14. In which of the following cases, it was held that Section-27 of the Indian Evidence Act, 1872 is an exception toSections-24, 25 and 26? a) Pakla Narain Swamy Vs. King Emperor b) Inayatullah Vs. State of Maharashtra 15. The Principle of Promissory Estoppel found its root: a) as an exception to the doctrine of consideration in law of contract b) as a rule of future consideration in the law of contract. c) As a rule of past consideration in the law of contract d) None of the above 16. Palvinder Kaur Vs. State of Punjab Relates to which of the following? a) Confession b) Dying declaration given on either side. This provision is contained in which Section of the Indian Evidence Act? a) Section-101 b) Section 111 c) Section- 102 d) Section - 113 c) Entries in the books of account d) Relevancy of Judgment c) State of UP Vs. Deoman Upadhyaya d) P. Kottayya Vs. King Emperor

17. The burden of proof in a suit or proceeding lies on that person who would fail if no evidence at all were

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18. The principle that possession is prime facie proof of ownership is provided under: a) Section 109 of the Evidence Act b) Section 111 of the Evidence Act c) Section 110 of the Evidence Act d) Section 112 of the Evidence Act

19. In which one of the following cases, the supreme court held that confession of co-accused are very weak evidence and no conviction can be based solely on such confession? a) Nathu Vs. State of U.P b) Ram Prakash Vs. State of Punjab Evidence Act, 1872? a) III Will b) Motive c) Good faith d) Negligence c) Kashmira Singh Vs. State of M.P d) None of the above

20. Which of the following does not find a mention as showing state of mind under Section 14 of the

SECTION - C
21. Decree holder means person in whose favour a decree has been passed or an order capable of execution has been made. This definition of the term decree holder is mentioned under: a) Section 2(2), C.P.C b) Section 2(3), C.P.C 22. Rejection of Plaint is mentioned under: a) Order VII rule 11 b) Order VI rule 13 1) Execution of decree 2) Letter of request 3) Legal representative 4) Institution of suit a) (1), (2) and (3) Sec. 77, C.P.C Sec. 82, C.P.C Sec. 50, C.P.C Sec. 28, C.P.C b) (1), (2) and (4) c) c) (1), (3) and (4) Order IV Rule 7, C.PC d) (2), (3) and (4) c) Order VII rule 12 d) Order VIII rule 4 c) Section 2(4), C.P.C d) Section 2(d), C.P.C

23. Which of the following combinations are not correctly matched?

24. Dasti Summons for service on the defendant can be given to the plaintiff under: a) Order V Rule 9A, C.PC b) Order V Rule 9, C.PC a) Reference b) Review a) Withdrawal of suits b) Appeals explained? a) Explanation I b) Explanation II 28. Section- 18 of the Civil Procedure Code provides for: a) Place of Institution of suit in respect of immovable property where the property is situated in the jurisdiction of one court b) Place of institution of suit in respect of immovable property where the property is situated in the Jurisdiction of different court. c) Place of institution of suits in respect of immovable property where the local limits of jurisdiction of courts are uncertain. d) All of the above. 29. A decree may be executed by: a) Tahsildar b) Collector c) District Judge d) Either by the court which passed it or to which it is sent. c) Explanation III d) Explanation IV d) Order VI Rule 6, C.PC c) Revision

25. Section- 115 of the Civil Procedure Code provides for the following: d) Appeal to the Supreme court c) Execution proceeding

26. Order XXIII of the Civil procedure code applies to the following: d) All of the above

27. Under which explanation of Section-11 of Civil procedure code constructive resjudicata has been

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30. Objection as to place of suing shall be allowed in the court of the first instance is the essence of : a) Section -21 A of C.P.C b) Section -20 of C.P.C c) Section -22 of C.P.C d) Section -21 of C.P.C

SECTION - D
31. The period of Limitation within which defendant shall submit his written statement is ordinarily within: a) 60 days from service of summons b) Always 90 days from service of summons c) 30 days from service of summons or 90-days if allowed by the court d) 15 days from service of summons 32. A person may sue a foreign state: a) with the consent of the state government b) only with the consent of the Central Government c) with the consent of Central or State Government d) with the consent of the President of India 33. Certain topics under the Code of Civil procedure are described hereunder in List-I while their Section/ Order numbers are mentioned in List-II. Match the entries of List-I and List-II and write the correct answer using the codes below: A. Affidavit B. Arrest before judgement C. Commission to examine witnesses D. Suit by indigent persons Codes:A B C D (a) 2 1 3 4 (b) (c) (d) 3 3 1 2 4 2 1 1 3 4 2 4 1. 2. 3. 4. Order Order Order Order 26 33 19 38

34. Which of the following determinations does not come under the definition of decree? a) An adjudication which conclusively determines the rights of the matters in issue before the court. b) Rejection of a plaint c) Determination of any question under section-144 of the code of civil procedure d) Dismiss of a suit for default 35. Additional Chief Judicial Magistrate may pass a sentence of imprisonment extending up to a) 5 Years a) Section-91 b) 7 Years b) Section-93 c) c) 3 years Section-97 d) 10 years d) Section-96 36. Which provision of the Cr. P.C. resembles with Habeas Corpus Writ? 37. Which Section of the Cr. P.C., 1973 applies when the officer-in charge of a police station receives information that a person has committed suicide? a) Section-174 a) Section-482 b) Section-181 b) Section-483 c) c) Section-154 Section-484 d) Section-147 d) Section-480 38. Under which Section of Cr.P.C., inherent powers can be exercise by the High court? 39. Which one of the following offences has not been enumerated under section 110 of the Cr. P.C. 1973 which empowers an Executive Magistrate to require such person to show cause why he should not be ordered to execute a bond for his good behaviour? a) Drugs and Cosmetics Act, 1940 b) Dowry Prohibition Act, 1961 c) Foreign Exchange Regulation Act, 1973 d) Untouchability (Offences) Act, 1955

40. The chapter of Plea Bargaining is added to the Cr. P.C. by the: a) Code of Criminal Procedure (Amendment) Act, 2005 (Act No. 25 of 2005) b) Criminal law (Amendment) Act, 2005 (Act No. 2 of 2006) c) Criminal procedure (Amendment) Act, 2006 d) Criminal Law (Amendment) Act, 2003.

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SECTION - E
41. Which one of the following is not correctly matched? a) Police to prevent cognizable Cr. P.C section 149 offences b) Power to arrest to prevent the section 151 commission of cognizable offence c) Power of certain armed force section 131 officers to dispense assembly d) Arrest by Magistrate Cr. P.C section 45 42. Which one of the following combinations are not correctly matched? a) Anticipatory bail b) Summary Dismissal of appeal c) Appeal in case of acquittal d) Reference to High court a) Wife living in adultery b) Wife living separately by mutual consent a) Divorced wife so long as she does not marry b) Unmarried sister a) 01-07-2002 1999? a) Section-87 a) Order 40 Rule 1 a) Habeas Corpus b) Section-88 b) Order 40 Rule 2 b) Certiorari c) c) c) Section-89 Order 40 Rule 3 Mandamus d) Section-90 d) Order 40 Rule 5 d) Quo-warranto 47. Under which provision of C.P.C. the Collector may be appointed as a Receiver? 48. The doctrine of res-judicata is not applicable in the case of following writ : 49. 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 b) 01-04-2002 1. Section 437 Cr. Pc. 2. Section 384 Cr. P.C 3. Section 376, Cr. P.C 4. Section 397, Cr. P.C c) Both (a) and (b)

43. Who of the following cannot claim maintenance under section 125 (4) of the Cr. P.C? d) Either (a) or (b) c) Adoptive mother

44. Who among the following is not entitled to claim maintenance under Section -0 125 Cr. P. Code? d) Illegitimate minor child c) 01-01-2002 d) 01-06-2002

45. The Code of Civil Procedure (Amendment) Act, 2002 came into force on : 46. Which one of the following sections has been newly added by Civil Procedure Code (Amendment) Act,

50. A minor child claims maintenance under Section-125 Cr. P.C., 1973 from his father in issue warrant for recovery of amount of maintenance to concerned parents in U.S.A. through Indian Ambassador in U.S.A. It was also held by the Court that if father fails to send the amount of maintenance, then the Magistrate will proceed according to law. This was held in : a) Piyal Vs. Pradeep Kumar Kamboj, 2000 b) Sargam Bonia Sreenu Vs. Kamal, 2000 c) Din Dayal Vs. Arun Kumar, 2000 d) Ashok Kumar Vs. Kirpal Singh, 2000

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PART - II
1. Is tapping of telephone an invasion on the right to privacy? Discuss. 2. Give some of the illustrative cases where an order of acquittal may be set aside in revision by the High Court. 3. Does Section 10 of CPC apply where one of the two proceedings is not a suit? Discuss. 4. What observation was made by the Supreme Court in regard to Dying Declaration in the case of P.V. Radhakrishna Vs State of Karnataka? 5. What facts are to be considered material by the Magistrate at the stage of framing charges?

Answers for the above Questions will be published after a week. In the mean time, in order to evaluate yourself, you can try to answer these questions.

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