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GUJARAT JUDICIAL SERVICES (PRELIMINARY) MOCK EXAMINATION-2022

PRACTICE PAPER – I
Total Question: 100
Maximum Marks: 100
Duration: 2:00 Hours
Date: 29/04/2022

Negative Marking 0.25 marks per question

1. What is the evidentiary value of Test Identification Parade?
(a) It is a substantial piece of evidence.
(b) It has corroborative value
(c) Neither a or b
(d) Both a and b
2. Under which of the following provisions can fraud or collusion in obtaining
judgment, or incompetency of court, may be proved?
(a) Section 41
(b) Section 42
(c) Section 43
(d) Section 44
3. The facts of which court must take judicial notice is provided under which of the
following provisions of the Indian Evidence Act?
(a) Section 56
(b) Section 57
(c) Section 58
(d) Section 59
4. Presumption as to documents thirty years old is provided under which of the
following provisions Indian Evidence Act?
(a) Section 90
(b) Section 91
(c) Section 92
(d) Section 93

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5. Section 135 of the Indian Evidence Act lays down:
(a) The examination of witnesses
(b) The number of witnesses
(c) The order in which witnesses are to be produced and the regulation by the
law and practice for the time being in force.
(d) Production of title deeds of witness not a party.

6. Which of the following provisions of Indian Penal Code refer to trifling acts?
(a) Section 93
(b) Section 94
(c) Section 95
(d) Section 96
7. What is the minimum punishment for the offence of voyeurism under the Indian
penal Code?
(a) 6 months
(b) 1 year
(c) 3 years
(d) 7 years
8. Which if the following is a requirement for the offence of criminal trespass?
(a) Intention
(b) Knowledge
(c) Reason to believe
(d) All of the above

9. How many kinds of hurt are specified under section 320 of the Indian Penal
Code?
(a) Six
(b) Seven
(c) Eight
(d) Nine

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10. The maxim actus ne invite factus est nisi actus is related to which of the
following provisions of the Indian Penal Code?
(a) Section 91
(b) Section 92
(c) Section 93
(d) Section 94
11. Which of the following is mutually exclusive?
(i) Inquiry
(ii) Trial
(iii) Investigation
(a) (i)(ii)
(b) (ii)(iii)
(c) (i)(iii)
(d) None of the above

12. Arrest by a private person is given under which of the following provisions of
the Code of Criminal Procedure?
(a) Section 41
(b) Section 42
(c) Section 43
(d) Section 44
13. Which of the following lies against an order under section 125 of the Code of
Criminal Procedure?
(a) Revision
(b) Appeal
(c) Neither a nor b
(d) Either a or b
14. Dismissal of complaint under section 204 of CrPC is on:
(a) Merits
(b) Technical grounds
(c) Both a and b

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 (d) Neither a nor b
15. Appeal in cases of acquittal is provided under which of the following provisions
of CrPC?
(a) Section 376
(b) Section 377
(c) Section 378
(d) Section 379
16. Which of the following provisions of the Code of Civil Procedure is known as
the gateway to CPC?
(a) Section 7
(b) Section 8
(c) Section 9
(d) Section 10
17. Presumptions as to foreign judgments is provided under which of the following
provisions of CPC?
(a) Section 14
(b) Section 15
(c) Section 16
(d) Section 17
18. Compensatory costs in respect of false or vexatious claims or defences is
provided under which of the following provisions of CPC?
(a) Section 35
(b) Section 35A
(c) Section 37
(d) Section 37A
19. Which of the following Orders of CPC provides for judgments on admissions?
(a) Order XI
(b) Order XII
(c) Order XIII
(d) Order XIV
20. A Counter-Claim is set up by

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 (a) Plaintiff
(b) Defendant
(c) Either a or b
(d) Neither a nor b
21. An agreement which if 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 provided under
which of the following privisions of Indian Contract Act?
(a) Section 2(g)
(b) Section 2(h)
(c) Section 2(i)
(d) Section 2(j)
22. Which of the following refers to animus contrahendi?
(a) Intention to contract
(b) Meeting of minds
(c) Promissory estoppel
(d) Acceptance
23. Acceptance must be:
(a) Absolute
(b) Unqualified
(c) Either a or b
(d) Both a and b
24. Where both parties are under the mistake of fact essential to the agreement
then the agreement is:
(a) Valid
(b) Void
(c) Voidable
(d) Either b or c
25. Continuing guarantee is provided under which of the following provisions of the
Indian contract Act?
(a) Section 126
(b) Section 127

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 (c) Section 128
(d) Section 129
26. Which of the following Articles of the Constitution of India provides for the
condition of the President’s office?
(a) Article 58
(b) Article 59
(c) Article 60
(d) Article 61
27. Which of the following Schedules to the Constitution of India provides for anti-
defection?
(a) Schedule VII
(b) Schedule VIII
(c) Schedule IX
(d) Schedule X
28. Article 124C of the Constitution of India provides for
(a) Establishment of Supreme Court
(b) National Judicial Appointments Commission
(c) Functions of Commission
(d) Power of Parliament to make laws
29. Which of the following Amendments to the Constitution of India extended the
deadline for the cessation of seats for SCs and STs in the Lok Sabha and State
Assemblies from seventy years to eighty years?
(a) 102nd
(b) 103rd
(c) 104th
(d) 105th
30. How many times has an emergency under Article 360 been imposed in India?
(a) One
(b) Two
(c) Three
(d) None of the above

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31. Which of the following provisions of POCSO provides for the medical
examination of the child?
(a) Section 24
(b) Section 25
(c) Section 26
(d) Section 27
32. Which of the following has not been defined under the POCSO?
(a) Best interests of the child
(b) Shared household
(c) Domestic relationship
(d) Armed forces
33. Which of the following terms is not used under section 3 of POCSO?
(a) Inserts
(b) Manipulates
(c) Applies
(d) None of the above
34. What is the minimum punishment provided under POCSO for using the child for
pornographic purposes?
(a) Three years
(b) Five years
(c) Seven years
(d) Ten years
35. POCSO is:
(a) An exhaustive Act
(b) Not an exhaustive Act
(c) Either a or b
(d) Neither a nor b
36. In which of the following cases, the Court may refuse to rescind the contract
under the Specific Relief Act?
(a) Where the plaintiff has ratified the contract.
(b) When an unseverable part of the contract is sought to be rescinded

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 (c) Both a and b
(d) Neither a nor b
37. Which of the following provisions of the SRA provides that the Plaintiff may
claim damages in lieu of or in addition to, injunction?
(a) Section 38
(b) Section 39
(c) Section 40
(d) Section 41
38. Which of the following shall not lie against an order or decree passed under
section 6 of SRA?
(a) Review
(b) Revision
(c) Both a and b
(d) Neither a nor b
39. Cancellation of an instrument may be ordered under which of the following
provisions of SRA?
(a) Section 26
(b) Section 27
(c) Section 31
(d) Section 32
40. When did SRA come into force?
(a) 13.12.1963
(b) 01.03.1964
(c) 01.12.1963
(d) 13.03.1964
41. Which of the following provision of the Indian Limitation Act provides for
condonation of delay?
(a) Section 4
(b) Section 5
(c) Section 6
(d) Section 7

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42. Which of the following provisions of Indian Limitation Act provides for the effect
of substituting a new party?
(a) Section 20
(b) Section 21
(c) Section 22
(d) Section 23
43. Which of the following is not included under section 6 of the Indian Limitation
Act?
(a) Minority
(b) Idiocy
(c) Insanity
(d) Intoxication
44. An acknowledgement under Section 18 of the Indian Limitation Act may be:
(a) Oral
(b) Written
(c) Either a or b
(d) Neither a nor b
45. Which of the following provisions of the Indian Limitation Act provides for the
right of prescription?
(a) Section 22
(b) Section 23
(c) Section 24
(d) Section 25
46. Which of the following chapters of Negotiable Instruments Act deals with
“reasonable time”?
(a) Chapter VII
(b) Chapter VIII
(c) Chapter IX
(d) Chapter X
47. Which of the following provisions of the Negotiable Instruments Act defines
“holder in due course”?
(a) Section 7

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 (b) Section 8
(c) Section 9
(d) Section 10
48. Which of the following provisions of the Negotiable Instruments Act raises a
presumption in favour of the holder?
(a) Section 138
(b) Section 139
(c) Section 140
(d) Section 141
49. Section 143 of the Negotiable Instruments Act provides for:
(a) Set of bills
(b) Holder of first acquired part entitled to all
(c) Mode of service of summons
(d) Power of court to try cases summarily
50. Which of the following provisions of the Negotiable Instruments Act specifies
the offences to be compoundable?
(a) Section 145
(b) Section 146
(c) Section 147
(d) Section 148
51. The Hindu Marriage Act, 1955 came into force on which of the following dates?
(a) 01.01.1955
(b) 18.01.1955
(c) 01.05.1955
(d) 18.05.1955
52. Which of the following are two mains schools of Hindu Law?
(a) Mitakshara and Dayabhaga
(b) Dayabhag and Mithila
(c) Mitakshara and Mithila
(d) Dayabhaga and Dravida
53. The Hindu Marriage Act, 1955 is not applicable on:

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 (a) Scheduled Caste
(b) Scheduled Tribe (who are Hindus)
(c) Both (a) and (b)
(d) Neither (a) nor (b)
54. The right to lien of the wife is available against:
(a) Legal heirs of the husband
(b) Unsecured creditors
(c) Secured creditors
(d) (a) and (b) only
55. Which of the following is correct?
(i) In the case of Mahr-i-Muajjal, the right to claim dower arises simultaneously
with the right to dower.
(ii) In the case of Mahr-i-Muajjal, if the husband does not pay the amount despite
the demand, the wife can refuse cohabitation at any stage of marriage.
(a) (i) and (ii) are correct
(b) (i) is correct.
(c) (ii) is correct
(d) (i) and (ii) are incorrect.
56. What is the limitation period provided under section 13(1A) Commercial Courts
Act?
(a) 30 days
(b) 60 days
(c) 90 days
(d) Three months
57. Commercial Appellate Division is constituted under which of the following
provisions of the Commercial courts Act?
(a) Section 5
(b) Section 6
(c) Section 7
(d) Section 8

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58. Which of the following provisions of the Commercial Courts Act confers
jurisdiction in Arbitration matters where the subject-matter of an arbitration is a
commercial dispute of a specified value?
(a) Section 11
(b) Section 10
(c) Section 13
(d) Section 12
59. The Commercial Courts Act came into force on:
(a) 23.10.2015
(b) 23.08.2015
(c) 15.06.2015
(d) 15.03.2015
60. Which of the following provisions of the Commercial Courts Act provides for an
over-riding effect?
(a) Section 21
(b) Section 22
(c) Section 23
(d) Section 24
61. Which provision of the Arbitration and Conciliation Act, 1996 provides that the
arbitrators and the parties shall maintain confidentiality of all arbitral
proceeding?
(a) Section 42
(b) Section 42 A
(c) Section 42 B
(d) None of the above

62. An application made Under Section 11 of Arbitration and Conciliation Act, 1996,
for appointment of an arbitrator or arbitrators shall be disposed of by the arbitral
institution with in a period of :
(a) 30 days from the date of service of notice on the opposite party
(b) 45 days from the date of service of notice on the opposite party
(c) 30 days from the date when parties failed to appoint arbitrator

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 (d) 45 days from the date when parties failed to appoint arbitrator

63. An appointment of arbitrator made by an ineligible person is :

(a) Voidable
(b) Valid
(c) Void ab initio
(d) None of the above
64. When did the Arebitration and Conciliation Act come into force?
(a) 07.08.2019
(b) 08.08.2019
(c) 09.08.2019
(d) 10.08.2019
65. A transfers property to B for life, and after his death to C and D, equally to be
divided between them, or to the survivor of them. C dies during the life of B.
(a) The property passes to D at B’s death.
(b) The property passes to B absolutely.
(c) The property passes to B and D in equal shares.
(d) The property passes to D.
66. The doctrine of Election is provided under which of the following provisions of
Transfer of Property Act?
(a) Section 51
(b) Section 52
(c) Section 35
(d) Section 36
67. A transfers property to B of which he is the owner to B in trust for A and his
intended wife successively for their lives, and, after death of the survivor, for the
eldest son of the intended marriage for life, and after his death for A’s second
son.
(a) The interest so created for benefit of eldest son does not take effect.
(b) The interest so created for benefit of eldest son takes effect forthwith.

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 (c) The interest so created for benefit of eldest son takes effect after the
death of A and his wife.
(d) The interest so created for benefit of eldest son takes effect after the
death of B.
68. An interest created on a transfer of property and dependent upon a condition
fails if the fulfillment of the condition is impossible, or is forbidden by law, or is
of such a nature that, if permitted, it would defeat the provisions of any law, or
is fraudulent, or involves or implies injury to person or property of another, or
the court regards it as immoral or opposed to public policy. Which of the
following provisions of the TPA provides for the above-mentioned statement?
(a) Section 25
(b) Section 26
(c) Section 27
(d) Section 28
69. Which of the following is not true about Sale of Goods Act?
(a) It is exhaustive
(b) It is retrospective
(c) Neither a nor b
(d) Both a and b
70. Which of the following provisions is an example of doctrine of incorporation by
reference?
(a) Section 2(13)
(b) Section 2(14)
(c) Section 2(15)
(d) None of the above.
71. On which of the following dates was the last amendment made to the Sale of
Goods Act?
(a) 15.03.1963
(b) 01.07.1963
(c) 22.09.1963
(d) 11.11.1963
72. Which of the following rights is not transferred under the Sale of Goods Act?

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 (a) Right of ownership
(b) Mere right of enjoyment
(c) Either (a) or (b)
(d) None of the above
73. The Indian Partnership Act, 1932 extends to:
(a) Whole of India
(b) Whole of India except the State of Jammu and Kashmir
(c) Either a or b
(d) Neither a nor b
74. The relation of parties arises from
(a) Status
(b) Contract
(c) Both a and b
(d) Either a or b
75. Registration of a partnership firm is:
(a) Mandatory
(b) Not mandatory
(c) Either a or b
(d) Neither a nor b
76. Which of the following provisions of the Indian Partnership Act provides for the
penalty for furnishing false particulars?
(a) Section 67
(b) Section 68
(c) Section 69
(d) Section 70
77. Under which of the following provisions of Gujarat Court Fees Act an Inspecting
Officer appointed?
(a) Section 11
(b) Section 12
(c) Section 13
(d) Section 14

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78. Section 42 of the Gujarat Court Fees Act provides for
(a) amended document
(b) cancellation of stamps
(c) repayment of fees
(d) none of the above
79. Under which of the following provisions of Gujarat Court Fees Act provides for
multifarious suits?
(a) Section 15
(b) Section 16
(c) Section 17
(d) Section 18
80. Section 4 and section 40 of the Gujarat Court Fees Act does not apply to:
(a) Probates
(b) Letters of Administration
(c) Neither a or b
(d) Both a and b
81. Which of the following provisions of the Information Technology Act was read
down by the SC in the case of Shreya Singhal?
(a) Section 66
(b) Section 66A
(c) Section 62
(d) Section 62A
82. Which of the following chapters of the Information Technology Act provides for
penalties and adjudication?
(a) Chapter VIII
(b) Chapter IX
(c) Chapter X
(d) Chapter XI
83. “child friendly” is defined under which of the following provision of the Juvenile
Justice (Care and Protection of Children) Act, 2015?
(a) Section 2(9)

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 (b) Section 2(8)
(c) Section 2(15)
(d) Section 2(14)
84. The Child Welfare Committee is constituted by:
(a) The Central government
(b) The State government
(c) The Appropriate Government
(d) Either b or b
85. A shared household is defined under which of the following provisions of the
Protection of Women from Domestic Violence Act, 2005?
(a) Section 2 (s)
(b) Section 2 (t)
(c) Section 3
(d) Section 4
86. The power of Magistrate to pass a protection order is provided under which of
the following provisions of the Protection of Women from Domestic Violence
Act, 2005?
(a) Section 18
(b) Section 19
(c) Section 21
(d) Section 22
87. Which of the following provision of the Probation of Offenders Act provides for
the power of Court to release certain offender after admonition?
(a) Section 3
(b) Section 4
(c) Section 5
(d) Section 6
88. The duties of probation officers is provided under which of the following
provisions?
(a) Section 13
(b) Section 14
(c) Section 15

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 (d) section 16
89. every offence under the Pre-conception and Pre Natal Diagnostic Techniques
(Prohibition of Sex Selection) Act, 1994 shall be:
(a) cognizable
(b) non-bailable
(c) non-compoundable
(d) all of the above
90. A central Supervisory Board is constituted under the Pre-conception and Pre
Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 by:
(a) Appropriate Government
(b) State Government
(c) Central Government
(d) Either b or c
91. The term “birth” under the Registration of Birth and Death Act refers to:
(a) Live birth
(b) Still birth
(c) Either a or b
(d) Neither a nor b
92. The power to compound offences under the Registration of Birth and Death Act
is provided under which of the following provisions?
(a) Section 24
(b) Section 25
(c) Section 26
(d) Section 27
93. Which of the following provisions of the Gujarat Prevention of Gambling Act
provides for indemnification of certain witnesses?
(a) Section 10
(b) Section 11
(c) Section 12
(d) Section 13
94. Section 13 of the Gujarat Prevention of Gambling Act is a:

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 (a) Savings provision
(b) Non-obstante provision
(c) Discretionary provision
(d) Deeming provision
95. The Gujarat Prohibition (Amendment) Act, 2017 came into force with effect
from:
(a) 12.12.2016
(b) 19.12.2016
(c) 12.12.2017
(d) 19.12.2017
96. The interim permits under the Gujarat Prohibition Act is provided under which of
the following provisions?
(a) Section 45
(b) Section 46
(c) Section 47
(d) Section 48
97. What is the minimum punishment prescribed under the Immoral Traffic
(Prevention) Act for keeping a brothel?
(a) 6 months
(b) One year
(c) Three years
(d) Five years
98. Special Police Officer under the Immoral Traffic (Prevention) Act is specified by:
(a) Executive Magistrate
(b) State Government
(c) Central Government
(d) None of the above
99. Which of the following provisions of the Indecent Representation of Women
(Prohibition) Act, 1986 provides for the penalty?
(a) Section 4
(b) Section 5

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 (c) Section 6
(d) Section 7
100. Who is empowered under section 10 of the Indecent Representation of Women
(Prohibition) Act, 1986 to make rules?
(a) Central Government
(b) State Government
(c) State Government in consultation with the High Court
(d) Either a or c

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 GUJARAT JUDICIAL SERVICES (PRELIMINARY) MOCK EXAMINATION-2022
TEST – I
Date: 29/04/2022

Q.No. Ans. Explanations

1. B Test Identification Parade is not a substantial piece of evidence. It has a

corroborative value.
Refer C. Muniappan v. State of Tamil Nadu, AIR 2010 SC 3718
2. D Refer Section 44.

3. B Refer Section 57.

4. A Refer Section 90.

5. C Refer Section 135.

6. C Refer Section 95

7. B Refer section 354C

8. A Refer Section 441

9. C Refer Section 320

10. D Refer Section 94

11. A Inquiry and trial are mutually exclusive.

12. C Refer Section 43

13. A Revision but not appeal lies against an order under section 125 of the
Code of Criminal Procedure.

14. B refer section 204(4) CrPC

15. C Refer Section 379.

16. C Refer section 9

17. A Refer Section 14

18. B Refer Section 35A

19. B Refer Order XII Rule 6

20. B Refer Order VIII

21. C Refer section 2(i)

22. A animus contrahendi refers to the intention to contract.

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23. D Refer Section 7

24. B refer Section 20 of the Indian Contract Act

25. D Refer Section 129

26. B Refer Article 59.

27. D Refer Schedule X

28. D

29. C Refer to the 104th Amendment

30. D Financial emergency has never been imposed in India.

31. D Refer Section 27

32. A The term is defined under Juvenile Justice Act

33. D Refer section 3

34. B Refer Section 14.

35. B POCSO is not an exhaustive Act.

36. C Refer section 27

37. C Refer Section 40

38. A refer section 6

39. C Refer Section 31.

40. B SRA came into force on 01.03.1964.

41. B Refer Section 5

42. B refer Section 21.

43. D refer Section 6

44. B Refer Section 18

45. D Refer Section 25

46. D Refer Chapter X

47. C Refer Section 9

48. B Refer Section 139

49. D Refer Section 143

50. C Refer Section 147.

51. D The Hindu Marriage Act, 1955 came into force on 18.05.1955.

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52. A Mitakshara and Dhayabhaga are the two main schools of Hindu Law.

53. B The Hindu Marriage Act, 1955 does not apply to Scheduled Tribe (even if
Hindus) unless the Central Government, by notification in the official
gazette, directs so. Most of the Scheduled Tribes are governed by
customs.

54. A The right to lien is available only against the other legal heirs of the
husband. This right is not available against the other unsecured creditors
as well as secured creditors. Therefore, the other unsecured and secured
creditors can get such property sold to satisfy their debt and in such a
sale of property, the Muslim widow will also have a proportionate claim
because she is an unsecured creditor.

55. B In the case of Mahr-i-Muajjal, if the husband does not pay the amount
despite the demand, the wife can refuse cohabitation provided that the
marriage has not been consummated. If the marriage is consummated
then the wife does not have a right to refuse cohabitation.

56. B Refer Section 13(1A).

57. A Refer Section 5

58. B Refer Section 10.

59. A The Act came into force on 23.10.2015

60. A Refer Section 21.

61. B Refer Section 42 A

62. A Refer Section 11

63. C Such an appointment is void ab initio

64. C The Central Government, by notification in the official gazette, published

that the said Act shall come into force on 9th August, 2019.

65. A Since C dies during the lifetime of B, the property will pass to D at B’s
death as per the condition of the original transfer made by A in favour of
B, C and D.

66. C Refer Section 35

67. A The interest so created for benefit of eldest son does not take effect
because it does not extend to the whole of A’s remaining interest in the
property. Refer section 13

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68. A Refer Section 25.

69. D Both the statements are not correct about SOGA.

70. C Section 2(15) provides that if there is any term which has been used in
the Sale of Goods Act but it has not been defined under section 2 of the
Act then the Indian Contract Act may be referred for the same. This is
called doctrine of incorporation by reference.

71. C The last amendment made to the Sale of Goods Act was on 22.09.1963.

72. B Under the contract of sale, the general property gets transferred which
means that the right to ownership gets transferred. Mere possessory right
i.e., right to enjoyment of property does not get transferred. Section 2(11)
defines property.

73. A Refer Section 1

74. B Refer Section 5

75. B Registration of Partnership firm is not mandatory.

76. D Refer Section 70.

77. B Refer Section 12

78. B Refer Section 42

79. D Refer Section 18

80. D Refer Section 31

81. B Refer Shreya Singhal case

82. B Refer Chapter IX

83. C Refer Section 2(15)

84. B Refer Section 27

85. A Refer Section 2 (s)

86. A Refer Section 18

87. A Refer section 3

88. B Refer Section 14

89. D Refer section 27

90. C Refer Section 7

91. C Refer Section 2(a)

92. A Refer Section 24

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93. A Refer Section 10

94. A Refer Section 13

95. B The Gujarat Prohibition (Amendment) Act, 2017 came into force with
effect from 19.12.2016

96. C Refer Section 47

97. B Refer Section 3

98. B refer Section 13

99. C Refer Section 6

100. A Refer Section 10

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