OJSE 2021 Mock Test Paper 2 Judicial Highlights

Odisha Judicial Service Examination 2021
Mock Test Paper 2
1. In which of the following it was held that misuse of Public Interest Litigation has become industry
of vested interests?
(a) Waman Rao v Union of India
(b)Common Cause (A Regd. Society) vs. Union of India and Another
(c) Suresh Kaushal vs. Union of India
(d) People's Union for Civil Liberties and Ors. vs. Union of India (UOI) and Ors.
2. In which of the following, it was held that Section 377 is unconstitutional and hence has no force.
It violates the fundamental rights of a person and is illegal?
(a) Suresh kaushal vs. union of India
(b)NAAZ Foundation vs. Delhi NCT
(c) Both (a) and (b)
(d)Neither (a) nor (b)
3. Which of the following is NOT true about the NOTA Judgment?
(a)The right to reject candidates formalized in People's Union for Civil Liberties and Ors. vs. Union of
India (UOI) and Ors.
(b)In 2013, the Supreme Court introduced negative voting as an option for the country’s electorate.
(c) According to this judgment, an individual would have the option of not voting for any candidate
(None-Of-The-Above) if they don’t find any of the candidates worthy.
(d) None of the above
4. In the case of National Legal Services Authority v Union of India, the Supreme Court in April, 2014
–
(a) recognised transgender persons as a third gender
(b)ordered the government to treat them as minorities
(c)extend reservations in jobs, education and other amenities.
(d) All of the above
5. Which of the following is true?
(a)Section 66A was struck down in the case of Shreya Singhal v Union of India
(b) Controversial section 66A of the Information Technology Act which allowed arrests for
objectionable content posted on the internet was struck down as unconstitutional by the Supreme
Court in March 2014.
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(d) Neither (a) nor (b)
6. In which of the following cases, it was held that Jat reservation is unconstitutional?
(a) Ram Singh vs. Union of India
(b)Mewar Singh vs. State of Bihar
(c) Kehar Singh vs. State of Bihar
(d) Ram Singh vs. State of Rajasthan
7. Writs against Judicial actions by judiciary not maintainable. This was held in –
(a) Kishan Singh vs. Union of India
(b)Raju Singh vs. State of Bihar
(c) Riju Prasad Sarma etc. vs. State of Assam
(d) Mahesh vs. State of Assam
8. Match List I with List II
List I
A. National anthem must in Theatres.
B. SC can transfer cases from Jammu & Kashmir Courts to courts outside it and vice versa
C. Upload FIRs in Police Websites
D. Multiple Life Sentences will run concurrently, Remission of one will not affect the other.
List II:
1. Shyam Narayan Chouski vs. Union of India.
2. Anita Kushwaha vs. Pushpa Sudan
3. Youth Bar Association of India vs.Union of India.
4. Muthuramalingam vs. State
(a) A-3,B-1,C-4,D-2
(b) A-1,B-2,C-3,D-4
(c) A-2,B-1,C-3,D-4
(d) A-1,B-3,C-4,D-2
9. In which of the following cases it was held “Social Security to the Legal Profession Becomes an
Essential Part of Legal System”
(a) Cardamom Marketing Corporation &Anr. Vs. State of Kerala &Ors
(b) Youth Bar Association of India vs.Union of India.
(c) Muthuramalingam vs. State.
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(d) Anita Kushwaha vs. Pushpa Sudan.
10. In which of the cases, domiciliary visit by the Police without the authority of a law, was held to be
violative of Article 21 of the Indian Constitution assuming that a right of privacy was a fundamental
right derived from the freedom of movement guaranteed by Article 19 (1) (d) of the Indian
Constitution as well as personal liberty guaranteed by Article 21?
(a) Dr. Sudesh Jale v. State of Haryana
(b) Kharak Singh v. State of U.P
(c) Govind v. State of M.P
(d) Neera Mathur v. L.I.C
11. Where the suit is dismissed under rule 2 or 3 of order 9 C.P.C. the plaintiff?
a. May bring a fresh suit subject to Law of Limitation
b. Cannot bring a fresh suit
c. May bring a fresh suit with the leave of High Court
d. May bring a fresh suit with the leave of District Judge
12. In which condition the officer in charge of the prison may refuse to produce the prisoner for
evidence despite court’s order?
a. Where the prisoner is related to Ruling Party
b. Where the prisoner is Ex-minister
c. Where the prisoner is Government Servant
d. Where the Medical Officer has certified that prisoner is unfit to be removed by the reason of
sickness
13. Where any property has been attached in execution of decree and the court, for any reason,
passes an order dismissing the execution-application but omits to give any direction as to
attachment?
a. Attachment shall be deemed to have ceased
b. Attachment shall cease after three months
c. Attachment shall cease after six months
d. Attachment shall cease after one year
14. Where a decree of compromise which was not lawful, there –
a. Suit shall lie to set aside such decree
b. Complaint has to made to High Court
c. No suit shall lie to set aside such decree
d. Suit may lie to set aside such decree with the leave of District Judge
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15. In which of the following provision ‘mesne profit’ has been defined in the C.P.C.?
a. Section 2(4)
b. Section 2(8)
c. Section 2(12)
d. Section 2(14)
16. Decree shall be deemed to include the rejection of a plaint and the determination of any
question within Section 144 of C.P.C. –
a. Wrong
b. Right
c. It includes rejection of plaing but does not includes the determination of any question within
Section 144 of C.P.C.
d. It includes determination of any question within Section 144 but shall not include the
rejection of a plaint
17. ‘Decree holder’ means any person in whose favour a decree has been passed or an order
capable of executing 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.
c. Section-2(4), C.P.C.
d. Section-2(d), C.P.C.
18. “Rejection of Plaint” is mentioned under:
a. Order VII Rule 11
b. Order VI Rule 13
c. Order VII Rule 12
d. Order VIII Rule 4
19. 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 instruction of suit in respect of immovable property where the property is situated
in the jurisdiction of different courts
c. Place of institution of suits in respect of immovable property where the local limits of
jurisdiction of courts are uncertain
d. All the above
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20. A decree maybe executed by:
a. Tehsildar
b. Collector
c. District Judge
d. Either by the Court which passed it or to which it is sent
21. Section 293 of the Code of Criminal Procedure applies to -
(a) any Chemical Examiner or Assistant Chemical Examiner to Government
(b) the Chief Inspector of-Explosives
(c) the Director of the Finger Print Bureau
22. Under the Code of Criminal Procedure, Previous conviction or acquittal may be proved -
(a) by an extract certified under the hand of the Officer having the custody of the records of the
Court in which such conviction or acquittal was held, to be a copy of the sentence or order
(b) in case of a conviction, either by a certificate signed by the officer in charge of the jail in which
the punishment or any part thereof was undergone, or by production of the warrant of
commitment under which the punishment was suffered, together with, in each of such cases,
evidence as to the identity of the accused person with the person so convicted or acquitted.
23. Whenever a Magistrate is of opinion, that he ought to receive a punishment different in kind
from, or more severe than, that which such Magistrate is empowered to inflict, he may record the
opinion and submit his proceedings, and forward the accused, to the -
(a) Chief Judicial Magistrate to whom he is subordinate
(b) High Court
(c) Magistrate of Second Class
(d) Sessions Court
24. The claim for bail, during the period of detention under section 167 –
(a) must be made before submission of charge sheet
(b) must be made before closing evidence on both sides
(c) any time during the trial
(d)Both (a) and (b)
25. A Magistrate to whom a complaint is made under section 340 or section 341 shall,
notwithstanding anything contained in Chapter XV, proceed, as far as may be, to deal with the
case as if -
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(a) it were instituted on a police report
(b) It was a summary trial
(c) as if it was a summon case
(d) as if it were instituted otherwise than on police report
26. The judgment by a criminal court shall be pronounced by the presiding officer –
(a) immediately after the termination of the trial
(b) at some subsequent time after giving notice to the parties or their pleaders
(c) only (b)
(d) Both (a) and (b)
27. In which of the following cases, no appeal lies?
(a) where a High Court passes only a sentence of imprisonment for a term not exceeding six
months or of fine not exceeding one thousand rupees, or of both such imprisonment and
fine
(b) where a Court of Session or a Metropolitan Magistrate passes only a sentence of

imprisonment for a term not exceeding three months or of fine not exceeding two hundred
rupees, or of both such imprisonment and fine
(c) where a Magistrate of the first class passes only a sentence of fine not exceeding one hundred
rupees
28. Which of the following is not true with respect to admission and denial of documents?
(a) The admission and denial of documents is available only with respect to the documents furnished
by the accused
(b) The documents so admitted or denied shall be read as evidence while the signature may be
proved at the discretion of the magistrate
(c) The provision regarding admission and denial of documents is provided in section 295
(d) Both (a) and (c)
29. Which of the following courts can try summarily offences mentioned in section 260 of Criminal
Procedure Code?
(a) Any Chief Judicial Magistrate
(b) Any Metropolitan Magistrate
(c) Any Magistrate of the first class specially empowered by the High Court in this behalf
(d) All the above
30. Which of the following is not true?
(a) The presence of the applicant seeking anticipatory bail can be dispensed with
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(b) The presence of the applicant seeking anticipatory bail shall be obligatory at the time of final
hearing of application and passing of final order by the Court
(c) The presence of the applicant seeking anticipatory bail shall be mandatory if on an application
made to it by the Public Prosecutor, the Court considers it necessary in the interest of justice
(d) Both (b) and (c)
31. Under section 206, ‘petty offence’ means –
(a) any offence punishable only with fine not exceeding one thousand rupees
(b) any offence punishable under the Motor Vehicles Act, 1939
(c) any minor offence under IPC
(d) any minor offence shown as bailable in the First Schedule
(a) When a person is charged with an offence consisting of several particulars, a combination of
some only of which constitutes a complete minor offence, and such combination is proved, but
the remaining particulars are not proved, he may be convicted of the major offence.
(b)When a person is charged with an offence and facts are proved which reduce it to a minor
offence, he shall not be convicted of the minor offence.
(c) When a person is charged with an offence, he may be convicted of an attempt to commit
such offence although the attempt is not separately charged.
33. Confession of an accused is irrelevant and inadmissible when made:
a. In the custody of a police officer but in the immediate presence of a magistrate
b. Before a magistrate who told him that if he made a full confession he would be released
c. At the time when he was drunk
d. In police custody if it leads to the discovery of any fact
34. Which of the following statements is not correct?
a. Leading questions may be asked in cross examination
b. Witnesses to character may be cross examined
c. A person summoned to produce document does not become a witness.
d. A party may with the permission of the Court cross examine his own witness
35. What is the evidentiary value of Admissions?
a. Admissions are not conclusive proof
b. Admissions may operate as estoppels
c. Always irrelevant
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d. Both a and b
36. Section 112 of the Indian Evidence Act, 1872 provides for:
a. Presumption of life
b. Presumption of marriage
c. Presumption of death
d. Presumption of legitimacy
37. Estoppel:
a. Is a cause of action in itself
b. Is a rule of evidence
c. Both (a) and (b) are correct.
d. Neither (a) nor (b) is correct
38. Under section 108 of Indian Evidence Act, the burden of proving that the person is alive who has
not been heard of for seven years is on -
a. the person who affirms it
b. the person who denies it
c. any person
d. none of the above
39. ‘A’ prosecutes ‘B’ for stealing a cow from him. ‘B’ is convicted. ‘A’ afterwards sues ‘C’ for the cow
which B had sold to him before his conviction. The judgment against B is:
a. Relevant as between A & C.
b. Irrelevant as between A & C
c. Is without jurisdiction
d. Is conclusive proof against C
40. Contents of a documents under Section 59 of the Indian Evidence Act, 1872
a. Can be proved by oral evidence.
b. Cannot be proved by oral evidence
c. May or may not be proved by oral evidence
d. Can only be proved by oral evidence under the orders of the court.
41. Who amongst the following is not a competent witness?
a. A child
b. A lunatic person
c. A dumb person
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d. None of the above
42. An admission under Section 17 of the Indian Evident Act is-
a. Only an oral statement
b. Only a documentary statement
c. An oral, documentary statement contained in electronic form
d. An oral or documentary statement
43. Which of the following amount to Defamation?
(a) It may amount to defamation to impute anything to a deceased person, if the imputation would
harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family
or other near relatives.
(b) It may amount to defamation to make an imputation concerning a company or an association or

collection of persons as such.
(c) An imputation in the form of an alternative or expressed ironically, may amount to defamation.
44. A, a Magistrate, in making a report of his own superior officer, casts an imputation on the
character of Z.
(a) A has committed the offence of defamation
(b) Here, if the imputation is made in good faith, and for the public good, A is within the exception.
(c)A has not committed the offence of defamation
(d)None of the above
45. Criminal intimidation is threatening another with any injury to his person, reputation or
property, or to the person or reputation of any one in whom that person is interested, with intent to
–
(a) cause alarm to that person, or
(b) to cause that person to do any act which he is not legally bound to do, or
(c) to omit to do any act which that person is legally entitled to do, as the means of avoiding the
execution of such threat
(d) Either (a) or (b) or (c)
46. Which of the following statements would amount to the offence of public mischief?
(a) statement with intent to cause, or which is likely to cause, any officer, soldier, sailor or airman in
the Army, Navy or Air Force of India to mutiny or otherwise disregard or fail in his duty as such
(b) statement with intent to cause, or which is likely to cause, fear or alarm to the public, or to any
section of the public whereby any person may be induced to commit an offence against the State or
against the public tranquility
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(c) statement with intent to incite, or which is likely to incite, any class or community of persons to
commit any offence against any other class or community
47. The punishment for attempting to commit offences punishable with imprisonment for life or
other imprisonment is –
(a) where no express provision is made by this Code for the punishment of such attempt, for a term
which may extend to one-half of the imprisonment for life
(b) where no express provision is made by this Code for the punishment of such attempt, for a term
which may extend to one-half of the longest term of imprisonment provided for that offence, or with
such fine as is provided for the offence, or with both
(c) Either (a) or (b)
48. Section 172 of the Indian Penal Code is applicable to -
(a) Absconding the service of summons, notice or order, proceeding from any public servant legally
competent, as such public servant, to issue such summons, notice or order
(b)Absconding the service of summons or notice or order where it is sent to attend in person or by
agent, or to produce a document or an electronic record in a Court of justice
(c) Both (a) or (b)
49. Which of the following punishments is provided for the offence of preventing service of
summons or other proceeding or preventing publication thereof?
(a) simple imprisonment for a term which may extend to one month, or with fine which may
extend to five hundred rupees, or with fine which may extend to five hundred rupees , or with
both
(b) simple imprisonment for a term which may extend to six months, or with fine which may extend
to one thousand rupees, or with both
50. A, being legally bound to appear before the High Court at Calcutta in obedience to a subpoena
issuing from that Court, intentionally omits to appear. In this case -
(a) A has committed the offence defined under section 174
(b) A has committed the offence of non-attendance in obedience to an order from public servant
(c) A has not committed any offence
(d) Both (a) and (b)
51.The offence of omission to produce to public servant by person legally bound to produce it is
provided in -
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(a) Section 175
(b) shall be punished with simple imprisonment for a term which may extend to one month, or
with fine which may extend to five hundred rupees, or with both, or, if document or electronic
record is to be produced or delivered up to a court justice, with simple imprisonment for a term
which may extend to six months, or with fine which may extend to one thousand rupees, or with
both
52. Whoever, being legally bound to furnish information on any subject to any public servant , as
furnishes, as true, information on the subject which he knows or has reason to believe to be false,
(a) shall be punished with simple imprisonment for a term which may extend to six months ,or
with fine which may extend to one thousand rupees, or with both.
(b) shall be punished with imprisonment of either description for a term which may extend to two
years, or with fine, or with both.
(c)Both (a) and (b)
53. A contract creates_____________.
A. rights in personam.
B. rights in rem.
C. only rights no obligations.
D. only obligations and no rights.
54. An agreement is a void able contract when it is_____________.
A. enforceable if certain conditions are fulfilled
B. enforceable by law at the option of the aggrieved party
C. enforceable by both the parties
D. not enforceable by all
55. Which of the following is true about acceptance?
A. The acceptor should expressly accept the offer
B. Acceptance can be implied also
C. Acceptance can be given by any person and need not be from the person to whom offer is made
D. Both (a) and (b)
56. A contract _____________.
A. may be void as originally entered into.
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B. may become void subsequent to its formation.
C. cannot become void under any circumstances.
D. may become void at the will of a party.
57. The transactions collateral to any illegal agreement is _____________.
A. not effected in any manner.
B. also tainted with illegality.
C. voidable at the option of the plaintiff.
D. effected in any manner.
58. A contract is _____________.
A. legal obligation.
B. an agreement plus a legal obligation.
C. consensus ad idem.
D. an agreement plus a legal object.
59. For necessaries of life _____________.
A. A minor is liable
B. A minor's estate is liable
C. The guardian is liable
D. All the above
60. Which of the following result /results in an offer?
A. A declaration of intention
B. An invitation to offer.
C. An advertisement offering reward to any one who finds the lost dog of the advertiser.
D. An offer made in a joke.
61. A specific offer can be accepted by _____________.
A. any person.
B. any friend of offered.
C. a person to whom it is made.
D. any friend of offeree
62. Consideration means_____________.
A. money
B. money worth
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C. promise
D. all the above
63. If the circumstances are such that the contract has become incapable of specific performance
does not preclude the court from granting compensation is provided under –
(a) Section 20
(b) Section 21
(c) Section 22
(d) Section 23
64. Liquidation of damages not a bar to specific performance provided under which section –
(a) 21
(b) 22
(c) 23
(d) 24
65. According to section 24 the dismissal of a suit for specific performance of a contract or part
thereof shall –
(a) Bar the plaintiff right to sue for compensation for the breach of such contract or part
(b) Does not bar the plaintiff right to sue for compensation for the breach of such contract or part
(c) Not bar his right to sue for any other relief to which plaintiff may be entitled
(d) Both (a) and (c)
66. In which of the following cases, injunctions cannot be granted?
a. In a suit in which the specific performance cannot be granted
b. To prevent torts
c. To restrain breaches of contracts
d. None of the above
67. Which section provides that provision of chapter II as to contract shall apply to awards to which
the Arbitration Act does not apply–
(a) Section 14
(b) Section 20
(c) Section 23
(d) Section 25
68. Rectification of Instruments provided under which chapter
(a) Chapter II
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(b) Chapter III
(c) Chapter IV
(d) Chapter V
69. Which section talks about rectification of instrument?
(a) Section 17
(b) Section 18
(c) Section 26
(d) Section 29
70. Which party can go for Rectification of instrument?
(a) Plaintiff
(b) Defendant
(c) Either (a) or (b)
71. Time which has begun to run can be stopped in case of
(a) minority
(b) insanity
(c) idiocy
(d) none of the above.
72. In computing the period of limitation for appeal, review or revision, the time requisite for
obtaining a copy of the decree or order appealed shall be excluded under
(a) section 12(1)
(b) section 12(2)
(c) section 13(3)
(d) section 14(4).
73. In computing the period of limitation for application to set aside an award, the time requisite in
obtaining a copy of the award shall be excluded under
(a) section 12(1)
(b) section 12(2)
(c) section 12(3)
(d) section 12(4).
74. Limitation for filing an appeal commences from
(a) the date of judgment
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(b) the date of signing of the decree
(c) the date of application for copy of the judgment
(d) the date of availability of copy of the judgment.
75. Where a suit is filed against a fraud committed by a defendant, the period of limitation for
institution of such suits shall –
(a) begin to run from the date of commission of fraud
(b) begin to run from the time the court fees are paid
(c) not begin to run until Plaintiff has discovered the fraud or mistake
(d) not begin to run until Plaintiff or Applicant has discovered the fraud or mistake or could, with
reasonable diligence, have discovered it.
76. In a suit for declaration, the period of limitation begins to run –
(a) when the right to sue first accrues
(b) within 3 years from the filing of the suit
(c) within 3 years from the date of cause of action
77. Section 13 of Limitation Act applies to
(a) suit filed in forma pauperis
(b) appeal filed in forma pauperis
(c) both (a) and (b)
(d) none of the above.
78. Under section 13 of Limitation Act, the time is excluded
(a) if the application for leave to sue or appeal as a pauper is allowed
(b) if the application for leave to sue or appeal as a pauper is rejected
(c) in both the cases
(d) in none of the case.
79. Section 15 excludes from computation of limitation
(a) period of notice
(b) time taken in granting previous consent
(c) time taken in grant of sanction
(d) all the above
80. Section 15 does not apply to
(a) suits
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(b) appeal
(c) execution application
(d) none of the above
81. Period during which proceedings stand stayed by an injunction or order is excluded
(a) under section 14
(b) under section 15
(c) under section 13
(d) under section 16.
82. What are the Liabilities of mortgagee in possession?
(a) He must manage the property as a person of ordinary prudence would manage it if it were his
own
(b) He must try his best endeavours to collect the rents and profits thereof
(c) He must, in the absence of a contract to the contrary, out of the income of the property, pay the
government revenue, all other charges of a public nature and all rent accruing due in respect thereof
during such possession, and any arrears of rent in default of payment of which the property may be
summarily sold
83. The prior Mortgagee shall be postponed to the subsequent mortgagee where, another person
has been induced to advance money on the security of the mortgaged property through the -
(a) fraud of prior mortgagee
(b) misrepresentation of prior mortgagee
(c) gross neglect of prior mortgagee
(d) Either of the above
84. In the case of an anomalous mortgage the rights and liabilities of the parties shall be determined
-
(a) by their contract as evidenced in the mortgage-deed
(b) by local usage
85. No mortgagee paying off a prior mortgage, whether with or without notice of an intermediate
mortgage, shall thereby acquire any priority in respect of his original security; and, except in the case
provided for by section 79, no mortgagee making a subsequent advance to the mortgagor, whether
with or without notice of an intermediate mortgage, shall thereby acquire any priority in respect of
his security for such subsequent advances. This is known as -
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(a) Prohibition of tacking
(b) Marshalling
(c) Subrogation
86. In a case where a property is mortgaged for successive debts to successive mortgagees, a mesne
mortgagee -
(a) has the same rights against mortgagees posterior to himself as he has against the mortgagor.
(b) does not have the same rights against mortgagees posterior to himself as he has against the
mortgagor
(c) does not have any right against mortgagees posterior to himself as he has against the mortgagor
87. Where immovable property of one person is by act of parties or operation of law made security
for the payment of money to another, and the transaction does not amount to a mortgage, it would
amount to -
(a) anomalous mortgage
(b) charge on the property
(c) all the provisions which apply to a simple mortgage shall, so far as may be, apply to such charge.
(d) Both (b) and (c)
88. Under the Transfer of Property Act, Lease is defined under -
(a) Section 105
(b) Section 106
(c) Section 107
89. The doctrine of election as stated by Maitland is “He who accepts a benefit under a deed or will
or other instrument, must –
(a) adopt the whole contents of that instrument
(b) conform to all of its provisions
(c) renounce all rights that are inconsistent with it
90. In absence of contract or local law or usage to the contrary, a lease of immovable property shall
be deemed to be-
(a) Month to month
(b) Bi-monthly
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(c)Year to year
(d) Biannual
91. How many types of mortgages are there in Section 58 of Transfer of Property Act?
(a) Four
(b) Five
(c) Six
(d) Seven
92. Which of the following/s will come under Nambudri law as per section 3 of The Hindu Succession
Act, 1956?
I. Those who would have been governed by The Madras Nambudri Act, 1932
II. Those who would have been governed by The Travancore Kshatriya Act of 1108
III. Those who would have been governed by The Travancore Malaya Brahmin Act of 1106
a. I and II
b. II and III
c. I and III
d. I only
93. Which of the following statements is false regarding wives for the purpose of Section 8 of The
Hindu Succession Act, 1956?
a. By her second marriage widows forfeits the interest taken by her in her husband’s estate, and it
passes to the next heir of her husband as if she was dead
b. Conversion of a Hindu widow to another religion is not a ground for divesting her of property
inherited by her from her husband
c. If the husband dies pending divorce, wife would not loses her right to succeed to the husband’s
property
d. A woman leaves her husband and remarries without divorce taking place. She will inherit her
husband’s property
94. The object of the Indian Succession Act is -
(a) to consolidate the law applicable to intestate and testamentary succession
(a) to consolidate the law applicable to intestate succession
(a) to consolidate the law applicable to testamentary succession
(a) to amend the law applicable to intestate and testamentary succession
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(a) Under the Indian Succession Act, “administrator” means a person appointed by competent
authority to administer the estate of a deceased person when there is no executor
(b) Under the Indian Succession Act, “codicil” means an instrument made in relation to a Will, and
explaining, altering or adding to its dispositions, and shall be deemed to form part of the Will
96. Under the Indian Succession Act, the term “District Judge” means the
(a) Judge of a Principal Civil Court of original jurisdiction
(b) Presiding Judge of a Principal Civil Court of original jurisdiction
97. Under the Indian Succession Act, “executor” means a person to whom the execution of the
_____________ of a deceased person is, by the testator's appointment, confided
(a) Will
(b) Last Will
(c) Codicil
(d) Last Will and Testament Under the Indian Succession Act, “executor” means a person to whom
the execution of the _____________ of a deceased person is, by the testator's appointment,
confided
(a) Will
(b) Last Will
(c) Codicil
(d) Last Will and Testament
98. Section 2(f) of Indian Succession Act defines –
(a) Codicil
(b) Will
(c) Probate
(d) Executor
99. A will is –
(a) legal declaration of the intention of a testator with respect to his property which he desires to be
carried into effect after his death
(b) declaration of the intention of a testator with respect to his property which he desires to be
carried into effect after his death
19
(c) declaration of the testator with respect to his property which he desires to be carried into effect
after his death
(d) legal declaration of the intention of a testator with respect to his property
100. Which of the following are kinds of wills?
(a) Privileged wills
(b) Unprivileged wills
Answer Key
1. (b) Common Cause (A Regd. Society) Vs. Union of India and Another - Misuse of Public Interest
Litigation. PIL has become industry of vested interests.
Constitutional validity of individual rights upheld (Waman Rao v Union of India) - 1981
2. (b) Suresh kaushal vs. union of India- Section 377 is legal and is constitutional
NAAZ Foundation vs. Delhi NCT – Section 377 is unconstitutional and hence has no force. It violates
the fundamental rights of a person and is illegal.
3. (d) NOTA Judgment – 2013
People's Union for Civil Liberties and Ors. Vs. Union of India (UOI) and Ors.
The right to reject candidates formalised.
In 2013, the Supreme Court introduced negative voting as an option for the country’s electorate.
According to this judgment an individual would have the option of not voting for any candidate
(None-Of-The-Above) if they don’t find any of the candidates worthy.
4. (d) Recognising the Third gender (National Legal Services Authority v Union of India) - April 2014
In a landmark judgment the Supreme Court in April, 2014 recognised transgender persons as a third
gender and ordered the government to treat them as minorities and extend reservations in jobs,
education and other amenities.
5. (a) Section 66A struck down (Shreya Singhal v Union of India) - March 2015
Cracking down on "offensive" online content not easy.
Controversial section 66A of the Information Technology Act which allowed arrests for objectionable
content posted on the internet was struck down as unconstitutional by the Supreme Court in March
2015.
6. (a) Jat reservation held unconstitutional.- Ram Singh vs. Union of India
7. (c) Writs against Judicial actions by judiciary not maintainable - Riju Prasad Sarma etc. vs. State of
Assam
8. (b) National anthem must in Theatres - Shyam Narayan Chouski vs. Union of India.
20
SC can transfer cases from Jammu & Kashmir Courts to courts outside it and vice versa -Anita
Kushwaha vs. Pushpa Sudan.
Upload FIRs in Police Websites., Case - Youth Bar Association of India vs.Union of India.
Multiple Life Sentences will run concurrently, Remission of one will not affect the other. Case -
Muthuramalingam vs. State.
9. (a) Social Security to the Legal Profession Becomes an Essential Part of Legal System, Case:
[Cardamom Marketing Corporation &Anr. Vs. State of Kerala &Ors]-
10. (b)
11. a. Order 9 Rule 4
12. d. Order 16A Rule 5
14. c. Order 23 Rule 3A
15. c. Section 2(12)
16. b. Section 2(2)
17. b. -
19. c Section 18
20. d. Section 38
21. d. Section 293 of Code of Criminal Procedure
22. c. Section 298 of Code of Criminal Procedure
23. a. Section 325 of Code of Criminal Procedure
24. a. –
25. a. Section 343 of Code of Criminal Procedure
26. d. Section 353(1) of Code of Criminal Procedure
30. a. Section 438 (1-B) of Code of Criminal Procedure
31. a. Section 206(2) of Code of Criminal Procedure
32. c. Section 222 of Code of Criminal Procedure
33. Ans 12. (b) Section 24
Section 26
21
34. (c) Section 143
Section 140
Section 139
Section 154
35. (d) Section 31
36. (d) Section 112
37. (b) Estoppel is a rule of evidence. It is not a cause of action and neither does it create a new
cause of action.
38. (a) Section 108
39 (b) Section 43
Illustration (c) - A prosecutes B for stealing a cow from him. B is convicted. A afterwards sues C for
the cow, which B had sold to him before his conviction. As between A and C, the judgment
against B is irrelevant.
40. (c) Section 59
41. (d) Section 118
42. (c) Section 17 of Indian Evidence Act
43. (d) Section 499 of Indian Penal Code
44. (b) Illustration b to 9th exception to section 499 of Indian Penal Code
47. (c) Section 511 of Indian Penal Code
50. (d)Illustration a to section 174 of Indian Penal Code
52. (a) Section 176 of Indian Penal Code
53. (a)
54. (b) Section 2(i) of Indian Contract Act- 2. Interpretation-clause
(i) An agreement which is enforceable by law at the option of one or more of the parties thereto, but
not at the option of the other or others, is a voidable contract;
55. (a)
56. (b) Section 2(j) of Indian Contract Act -2. Interpretation-clause
22
(j) A contract which ceases to be enforceable by law becomes void when it ceases to be enforceable
57. (b)
58. (b)
59. (b) Section 68 of Indian Contract Act –
68. Claim for necessaries supplied to person incapable of contracting, or on his account. If a person,
incapable of entering into a contract, or anyone whom he is legally bound to support, is supplied by
another person with necessaries suited to his condition in life, the person who has furnished such
supplies is entitled to be reimbursed from the property of such incapable person.
60.(c) Lalman Shukla vs. Gauri Dutta – An advertisement offering reward to any one who finds the
lost dog of the advertiser.
61. (c)
62. (d) Section 2(d) of Indian Contract Act – 2. Interpretation-clause
(d) When, at the desire of the promisor, the promisee or any other person has done or abstained
from doing, or does or abstains from doing, or promises to do or to abstain from doing, something,
such act or abstinence or promise is called a consideration for the promise;
63. b. Explanation to section 21 of Specific Relief Act –21. Power to award compensation in
certain cases
Explanation.—The circumstances that the contract has become incapable of specific performance
does not preclude the court from exercising the jurisdiction conferred by this section.
64. c. Section 23 of Specific Relief Act
23. Liquidation of damages not a bar to specific performance
65. d. Section 24 of Specific Relief Act
24. Bar of suit for compensation for breach after dismissal of suit for specific performance.— The
dismissal of a suit for specific performance of a contract or part thereof shall bar the plaintiff’s right
to sue for compensation for the breach of such contract or part, as the case may be, but shall not bar
his right to sue for any other relief to which he may be entitled, by reason of such breach.
66. a. -
67. d. Section 25 of Specific Relief Act. Application of preceding sections to certain awards and
testamentary directions to execute settlements—The provisions of this Chapter as to contracts shall
apply to awards to which the Arbitration and Conciliation Act, 1996 (26 of 1996), does not apply and
to directions in a will or codicil to execute a particular settlement.
68. b. Chapter III of Specific Relief Act
26. When instrument may be rectified
23
26. When instrument may be rectified.—(1) When, through fraud or a mutual mistake of the parties
a contract or other instrument in writing [not being the articles of association of a company to which
the Companies Act, 1956 (1 of 1956), applies] does not express their real intention, then— (a) either
party or his representative in interest may institute a suit to have the instrument rectified; or (b) the
plaintiff may, in any suit in which any right arising under the instrument is in issue, claim in his
pleading that the instrument be rectified; or (c) a defendant in any such suit as is referred to in
clause (b), may, in addition to any other defence open to him, ask for rectification of the instrument.
71 (d) Section 9 –
9. Continuous running of time. Where once time has begun to run, no subsequent disability or
inability to institute a suit or make an application stops it:
72 (b) Section 12(2)-
12. Exclusion of time in legal proceedings.
(2) In computing the period of limitation for an appeal or an application for leave to appeal or for
revision or for review of a judgement, the day on which judgement complained of was pronounced
and the time requisite for obtaining a copy of the decree, sentence or order appealed from or
sought to be revised or reviewed shall be excluded.
73 (d) Section 12(4) – 12. Exclusion of time in legal proceedings.
(4) In computing the period of limitation for an application to set aside an award, the time requisite
for obtaining a copy of the award shall be excluded. ExplanationIn computing under this section the
time requisite for obtaining a copy of a decree or an order, any time taken by the court to prepare
the decree or order before an application for a copy thereof is made shall not be excluded.
74 (a)
17. Effect of fraud or mistake. (1) Where, in the case of any suit or application for which a period of
limitation is prescribed by this Act- (a) the suit or application is based upon the fraud of the
defendant or respondent or his agent; or (b) the knowledge of the right or title on which suit or
application is founded is concealed by the fraud of any such person as aforesaid; or 15(c) the suit or
application is for relief from the consequences of a mistake; or (d) where any document necessary to
establish the right of the plaintiff or applicant has been fraudulently concealed from him; the period
of limitation shall not begin to run until the plaintiff or applicant has discovered the fraud or the
mistake or could, with reasonable diligence, have discovered it;
76 (a) Part III, Article 58
77 (b) Section 13 –
13. Exclusion of time in cases where leave to sue or appeal as a pauper is applied for.
13. Exclusion of time in cases where leave to sue or appeal as a pauper is applied for. In computing
the period of limitation prescribed for any suit or appeal in any case where an application for leave
to sue or appeal as a pauper has been made and rejected, the time during which the applicant has
been prosecuting in good faith his application for such leave shall be excluded, and the court may,
24
on payment of the court fees prescribed for such suit or appeal, treat the suit or appeal as having
the same force and effect as if the court fees had been paid in the first instance.
15. Exclusion of time in certain other cases. (1) In computing the period of limitation of any suit or
application for the execution of a decree, the institution or execution of which has been stayed by
injunction or order, the time of the continuance of the injunction or order, the day on which it was
issued or made, and the day on which it was withdrawn, shall be excluded. (2) In computing the
period of limitation for any suit of which notice has been given, or for which the previous consent or
sanction of the government or any other authority is required, in accordance with the requirements
of any law for the time being in force, the period of such notice or, as the case may be, the time
required for obtaining such consent or sanction shall be excluded. ExplanationIn excluding the time
required for obtaining the consent or sanction of the government or any other authority, the date on
which the application was made for obtaining the consent or sanction and the date of receipt of the
order of the government or other authority shall both be counted. (3) In computing the period of
limitation for any suit or application for execution of a decree by any receiver or interim receiver
appointed in proceedings for the adjudication of a person as an insolvent or by any liquidator or
provisional liquidator appointed in proceedings for the winding up of a company, the period
beginning with the date of institution of such proceeding and ending with the expiry of three months
from the date of appointment of such receiver or liquidator, as the case may be, shall be excluded.
(4) In computing the period of limitation for a suit for possession by a purchaser at a sale in
execution of a decree, the time during which a proceeding to set aside the sale has been prosecuted
shall be excluded. (5) In computing the period of limitation for any suit the time during which the
defendant has been absent from India and from the territories outside India under the
administration of the Central Government, shall be excluded.
issued or made, and the day on which it was withdrawn, shall be excluded.
issued or made, and the day on which it was withdrawn, shall be excluded.
82. (d) [Expl: Section 76 of Transfer of Property Act]
83. (d) [Expl: Section 78 of Transfer of Property Act – Postponement of prior Mortgagee]
84. (c) [Expl: Section 98 of Transfer of Property Act – Rights and Liabilities of parties to anomalous
mortgage]
85. (a) [Expl: Section 93 of Transfer of Property Act]
86. (a) [Expl: Section 94 of Transfer of Property Act – Rights of Mesne Mortgagee]
87. (d) [Expl: Section 100 of Transfer of Property Act]
25
88. (a) [Expl: Section 105 of Transfer of Property Act – Lease is defined]
89. (d)
90. (c)[Expl: Section 106 of Transfer of Property Act]
91. (c) Six [Expl: Section 58 (b) to (g) of Transfer of Property Act]
92. (c) Section 3 (i) of Hindu Succession Act, "Nambudri law" means the system of law applicable to
persons who if this Act had not been passed, would have been governed by the Madras Nambudri
Act, 1932; the Cochin Nambudri Act; or the Travancore Malayala Brahmin Act with respect to the
matters for which provision is made in this Act
93. a
Note: Heirs In Class I:
i. The widow is also entitled to property along with the other heirs and in case there is more than
one widow, they will inherit jointly one share of the deceased's property, which is to be divided
equally among them.
ii. The widow is entitled to inherit from her deceased husband's property even if she remarries after
his death.
iii. The widow of the predeceased son will inherit with the other heirs. However, her right along with
rights of the children of the predeceased son will exist to the extent of the share of the predeceased
son, had he been alive. However, if she remarries before the death of the intestate, then she is not
entitled to the property.
iv. The daughter inherits simultaneously along with the other heirs in her individual capacity.
Moreover, even if she is married, she is entitled to such property.
94. a The object of the Indian Succession Act is –
An Act to consolidate the law applicable to intestate and testamentary succession
95. c. Section 2 of Indian Succession Act- (a) “administrator” means a person appointed by
competent authority to administer the estate of a deceased person when there is no executor
(b) “codicil” means an instrument made in relation to a Will, and explaining, altering or adding to its
dispositions, and shall be deemed to form part of the Will
96. c Section 2(bb) of Indian Succession Act - “District Judge” means the Judge of a Principal Civil
Court of original jurisdiction
97. (b) Section 2(c) of Indian Succession Act defines “executor” means a person to whom the
execution of the last Will of a deceased person is, by the testator's appointment, confided
98. (c) Section 2(f) of Indian Succession Act “probate” means the copy of a will certified under the
seal of a court of competent jurisdiction with a grant of administration to the estate of the testator
99. (a) Section 2(h) of Indian Succession Act “will” means the legal declaration of the intention of a
testator with respect to his property which he desires to be carried into effect after his death.
100. (c) Kinds of Wills : Unprivileged Will
26
Will created by a person who is not a soldier employed in an expedition or engaged in actual warfare
or a mariner at sea is known as an unprivileged Will. For an unprivileged Will to be valid, it must
satisfy the following conditions:
The person creating the Will must sign or affix his/her mark to the Will. Else, some other person
should sign as per the directions of the testator (Person creating the Will) in his/her presence.
The signature or mark of the testator or the signature of the person signing for the testator must be
placed so that it appears that it was intended to give effect to the writing as Will.
The two or more witnesses should attest to the will. The witnesses must have seen the testator sign
or affix his mark to the Will or has seen some other people sign the Will, in the presence and by the
direction of the testator.
Privileged Will
Privileged Wills are Wills that may be in writing or made by word of mouth by those in active
services like a soldier, airman or mariner. The legal requirement for the validity of a privileged Will
has been reduced to enable certain persons to quickly make a Will. The following conditions are
applicable for a privileged Will:
The testator writes the whole will with his own hand. In such a case, it need not be signed or
attested.
The testator should sign the privileged Will written wholly or in part by another person. In such a
case, there is no requirement for attestation.
A Will written wholly or partly by another person and not signed by the testator is a valid Will if it is
proved that it was written by the testator’s directions or that the testator recognized it as his/her
Will.
A half-completed privileged Will is also considered valid if it is proved that non-execution was due to
some other reason and does not appear to be an abandonment of intentions to create a Will.
A privileged Will can be made by word of mouth by declaring intentions.
If a soldier or airman or mariner has given written or verbal instruction for the preparation of a Will
but has died before it could be prepared and executed. And such will is a valid Will.
Conditional or Contingent Wills
A Will can be expressed to take effect only in the event of satisfying certain conditions or can be
contingent upon other factors. Such a Will, which is valid only in the event of the happening of some
contingency or condition, and if the contingency does not happen or the condition fails, is called a
conditional or contingent Will.
Joint Wills
Joint Will is a type of Will wherein two or more persons agree to make a conjoint Will. If a Joint Will
intends to take effect after the death of both persons, then it would not be enforceable during the
27
life-time of either. The person at any time during the joint lives or after the death of one can revoke
the joint will.
Concurrent Wills
Concurrent Wills are written by one person wherein two or more Wills provide instructions for
disposal of property for the sake of convenience. For instance, one Will could deal with the disposal
of all immovable property whereas another Will deals with the disposal of all movable property.
Mutual Wills
In a Mutual Will, the testators confer upon each other reciprocal benefits. A husband and wife will
execute a mutual will to pass on all benefits to the other person during their lifetime.
Duplicate Wills
The testator will create a duplicate will for the sake of safety or safekeeping with a bank or executor
or trustee. However, if the testator destroys the Will in his/her custody, then the other Will is also
considered revoked.
Sham Wills
Sham Wills are executed but held invalid if the testator does not intend to execute as per his/her
wishes. As per the Indian Succession Act, a Will made by fraud or coercion or by taking away the free
agency of the testator is considered invalid.
Holograph Wills
The testator writes this holograph wills entirely in its own handwriting.
28

OJSE 2021 Mock Test Paper 2 Judicial Highlights

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OJSE 2021 Mock Test Paper 2 Judicial Highlights

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Odisha Judicial Service Examination 2021

Mock Test Paper 2

(a) Waman Rao v Union of India

(b)Common Cause (A Regd. Society) vs. Union of India and Another

(c) Suresh Kaushal vs. Union of India

(a) Suresh kaushal vs. union of India

(b)NAAZ Foundation vs. Delhi NCT

(c) Both (a) and (b)

(d)Neither (a) nor (b)

3. Which of the following is NOT true about the NOTA Judgment?

(d) None of the above

(a) recognised transgender persons as a third gender

(b)ordered the government to treat them as minorities

(c)extend reservations in jobs, education and other amenities.

(d) All of the above

5. Which of the following is true?

(c) Both (a) and (b)

(a) Ram Singh vs. Union of India

(b)Mewar Singh vs. State of Bihar

(c) Kehar Singh vs. State of Bihar

(d) Ram Singh vs. State of Rajasthan

(a) Kishan Singh vs. Union of India

(b)Raju Singh vs. State of Bihar

(c) Riju Prasad Sarma etc. vs. State of Assam

(d) Mahesh vs. State of Assam

8. Match List I with List II

A. National anthem must in Theatres.

C. Upload FIRs in Police Websites

1. Shyam Narayan Chouski vs. Union of India.

2. Anita Kushwaha vs. Pushpa Sudan

3. Youth Bar Association of India vs.Union of India.

4. Muthuramalingam vs. State

(a) Cardamom Marketing Corporation &Anr. Vs. State of Kerala &Ors

(b) Youth Bar Association of India vs.Union of India.

(c) Muthuramalingam vs. State.

(a) Dr. Sudesh Jale v. State of Haryana

(b) Kharak Singh v. State of U.P

(c) Govind v. State of M.P

(d) Neera Mathur v. L.I.C

a. May bring a fresh suit subject to Law of Limitation

b. Cannot bring a fresh suit

c. May bring a fresh suit with the leave of High Court

d. May bring a fresh suit with the leave of District Judge

a. Where the prisoner is related to Ruling Party

b. Where the prisoner is Ex-minister

c. Where the prisoner is Government Servant

a. Attachment shall be deemed to have ceased

b. Attachment shall cease after three months

c. Attachment shall cease after six months

d. Attachment shall cease after one year

14. Where a decree of compromise which was not lawful, there –

a. Suit shall lie to set aside such decree

b. Complaint has to made to High Court

c. No suit shall lie to set aside such decree

18. “Rejection of Plaint” is mentioned under:

a. Order VII Rule 11

c. Order VII Rule 12

d. Order VIII Rule 4

19. Section-18 of the Civil Procedure Code provides for

d. All the above

d. Either by the Court which passed it or to which it is sent

21. Section 293 of the Code of Criminal Procedure applies to -

(a) any Chemical Examiner or Assistant Chemical Examiner to Government