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ODISHA JUDICIARY PRELIMINARY EXAMINATION 2023

ODISHA JUDICIAL SERVICE PRELIMINARY EXAM – 2023

Sr.
N Subjects Question Number Total Q. Weightage
o

1. Constitution of India 1-10 10 10%

2. Indian Penal Code, 1860 20-28 9 9%

3. Code of Civil Procedure, 1908 37-45 , 64 10 10%

4. Code of Criminal Procedure, 1973 29-36 8 8%

5. Indian Evidence Act, 1872 11-19 9 9%

6. Limitation Act, 1963 56-63 8 8%

7. Transfer of Property Act, 1882 65-73 9 9%

8.. Indian Contract Act, 1872 74-82 9 9%

9. Law of Succession 83-91 9 9%

(Indian Succession Act &

Hindu Succession Act)

10. Specific Relief Act, 1963 92-100 9 9

11. Protection of Women from Domestic 46-55 10 10

Violence Act, 2005 and any other


relevant law (s), as the High Court
may specify from time to time."

Total 100 100%

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1. Match List-I with List-II and select the (iv) Recommendation of the Constituent
correct answer using the code given Assembly of J&K
below the Lists: Of these statements
List-I List-II (A) (i) and (iii) are correct
(a) A.D. M. (i) Bearer Bonds (B) (i) and (ii) are correct
Jabalpur v. case (C) (ii) and (iv) are correct
Shukla (D) (i) and (iv) are correct
(b) M. S. M. (ii) Habeas Corpus
Sharma v. Case
4. Right to Life emanates from:
S. K. Sinha
(A) Article 21 and includes Right to Die.
(c) R. C. (iii) Bank
Cooper v. Nationalisation
(B) Article 19 and does not include Right to
Union of case Die
India (C) Article 19 and 20 does not include Right
(d) R. K. Garg (iv) Searchlight case to Die
v. Union of (D) Article 21 and does not include Right to
India Die

(a) (b) (c) (d) 5. That "no person accused of an offence


(A) (ii) (i) (iv) (iii) shall be compelled to be a witness
(B) (iv) (ii) (i) (iii) against himself" is a / an:
(C) (ii) (iv) (i) (iii) (A) Directive principle which the State
(D) (ii) (iv) (iii) (i) should apply while enacting criminal
law
2. Article 141 of the Constitution lays down (B) Human right under Universal
that the law declared by the Supreme Declaration of Human Rights to which
Court shall be binding on all Courts India is a party
within the territory of India. Therefore, (C) Fundamental right
the Supreme Court: (D) Ordinary constitutional right
(A) Is bound by its earlier decisions as the
expression 'all Courts' includes 6. Bijoe Emmanual v. State of Kerala case is
Supreme Court also also known as:
(B) Is not bound by its own decisions and (A) National Anthem Case
may reverse a previous decision (B) Resonable Classification Case
(C) Can reverse a previous I decision only (C) Backward Classes Case
when a new legislation is enacted (D) Right to Life Case
having the effect of abrogating decision
(D) Can reverse a previous decision only 7. The law declared by the Supreme Court is
when that previous decision was given binding on all the Courts within the
as a result of overlooking another territory of India, but Supreme Court is
previous decision. not bound by its own decisions, was
declared by the Supreme Court itself in:
3. The State of J & K enjoys a special status (A) Indira Nehru Gandhi v. Rajnarian
under Article 370 of the Constitution, but (B) Madhav Rao Schindia v. Union of India
under Article 370 (3), the President may (C) Bengal Immunity Co. Ltd v. State of Bihar
declare that Article 370 shall cease to be (D) Both (A) and (B)
operative. Consider the following
statements in this regard. This power of 8. In which case it was held that taking
the President is subject to: specimen fingerprints and hand writing
(i) Public Notification from accused is not hit by Article 20(3) as
(ii) Recommendation of Parliament being witness against himself:
(iii) Advice of the Union Council of Ministers

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(A) State through SPE and CBI, AP vs M. view was laid down in which of the
Krishna Mohan following cases?
(B) Jaya Sinha vs State of Karnataka (A) Pawan Kumar v. Mukesh Kumara
(C) Oriental Insurance Co. Ltd. vs Raj Kumari (B) Subash v. Lata Shah
(D) None of these (C) Ningamma v. Chikkaiah
(D) Gautam Kundu v. State of West Bengal
9. The Directive Principles of State Policy
are fundamental for the: 14. "Facts not otherwise relevant are
(A) Upliftment of backward classes relevant if they are inconsistent with any
(B) Protection of individual rights fact in issue of relevant fact". Which of
(C) Administration of justice the following Sections of the Indian
(D) Governance of state Evidence Act contains the aforesaid
principle of law?
10. Consider the following judgements (A) Section 9
delivered by the Supreme Court of India: (B) Section 10
(i) Keshvananda Bharati v. State of Kerala (C) Section 11
(ii) Re Berubari Case (D) Section 12
(iii) Excel Wear v. Union of India
The chronological sequence of the above 15. Mode of proof of a custom is contained
judgements is: in:
(A) (i), (iii), (ii) (A) Section 32(4) of Indian Evidence Act
(B) (i), (ii), (iii) (B) Section 32(7) of Indian Evidence Act
(C) (iii), (i), (ii) (C) Section 48 of Indian Evidence Act
(D) (ii), (i), (iii) (D) All of these

11. In which of the following cases the 16. Hearsay evidence becomes relevant :
Supreme Court held that FIR was not (A) When it is ratified by admission or
substantive evidence and could only be confession
used to corroborate its maker? (B) When it comes under the ambit of
(A) Union of India v. A. Kumar, AIR 2010 SC Section 6 of the Indian Evidence Act,
2735 1872 Jeans
(B) C. Magesh v. State of Karnataka, AIR (C) When it is mentioned in any public
2010 SC 2768 document or is presumed by the Court
(C) Anil Kumar v. B. S. Neelakanta, AIR 2010 (D) In all of the categories mentioned
SC 2715
(D) Viietn Gazm v. State, AIR 2010 17. Under Indian Evidence Act, 1872 a copy
compared with a copy of a letter made by
12. Under which of the following Sections of a copying machine is:
the Indian Evidence Act, the evidence of (A) Primary evidence
the dumb witness is taken into (B) Oral evidence
consideration? (C) Secondary evidence
(A) Section 116 (D) Any of the evidence
(B) Section 117
(C) Section 118 18. Under which one of the following eking
(D) Section 119 Sections of the Indian Evidence Act, 1872,
the previous conviction of a person is
13. A Court cannot compel the parties to relevant:
undergo blood test, to establish the (A) Explanation I to Section 14
legitimacy of the child because it would (B) Explanation II to Section 14
amount to declaring the mother as (C) Explanation III to Section 14
unchaste and child as illegitimate. This (D) Explanation IV to Section 14

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24. Match List-I with List-II and select the
19. Maxim 'omnia praesumuntur rite correct answer using the code given
desseaeta' means below the Lists:
(A) All facts are presumed to be rightly List-I List-II
done. (a) Death is (i) Exception 2
(B) All facts are presumed to be not rightly caused to to Section
done safeguard 300
property
(C) All facts are presumed to be wrongly
(b) Death caused (ii) Murder
done
by a child of six
(D) All facts are presumed to be not wrongly years
done (c) Death by an (iii) No offence
act with the
20. The right to private defence is available intention of
with respect to: causing bodily
(A) Harm to body injury which is
(B) Harm to movable property sufficient
ordinarily to
(C) Harm to immovable property
cause death
(D) All of these
(d) Death of (iv) Right of
trespasser of Private
21. In which Provision of Indian Penal Code the house who defence
the definition of 'valuable security' is was escaping
explained? (a) (b) (c) (d)
(A) Section 29 (A) (ii) (i) (iv) (ii)
(B) Section 30 (B) (i) (iii) (ii) (iv)
(C) Section 31 (C) (iv) (ii) (iii) (i)
(D) Section 13 (D) (iv) (iii) (ii) (i)

22. For the application of Section 149 of IPC: 25. Which one of the following is associated
(A) Active participation of each of person is with Common Intention?
required (A) Similar intention
(B) A person should be a member of (B) Pre-meditated concert
unlawful assembly (C) Same intention
(C) Both (A) and (B) are correct (D) Unanimous decision in a meeting to do
(D) None of these a particular act

23. 'X', a doctor informs his patient 'Y' that he 26. 'X' and 'Y' agree to commit theft in 'Z's
has cancer which is in its last stage. 'X' house but no theft is actually committed.
requests 'Y' to arrange his family affairs They are guilty of:
as he cannot survive for more than a (A) No offence
couple of weeks. 'Y' dies because of shock (B) Criminal conspiracy
on hearing this, 'X' is: (C) Abetment by conspiracy
(A) Guilty of murder as he knew that such a (D) Abetment by instigation
disclosure will cause death
(B) Not guilty since communication was 27. The distinction between Section 299 and
made in good faith for the benefit of 'Y' Section 300 was first elaborately
(C) Guilty of causing death by negligence discussed in the case:
(D) Guilty of culpable homicide not (A) Vasudev v. State of U. P.
amounting to murder as he knew that (B) Om Prakash v. State of Punjab
such a disclosure is likely to cause of (C) Deo Narain v. State of U. P.
death (D) Reg v. Govinda

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28 Which Section of the IPC provides for an 32. Warrant case has been defined under
'attempt to dacoity'? Section 2(x) of Cr PC as a case relating to
(A) Section 393 an offence punishable with death,
(B) Section 394 imprisonment for life or imprisonment
(C) Section 395 for a term :
(D) Section 396 (A) Exceeding three years
(B) Exceeding two years
29. Every State Government in co-ordination (C) Exceeding one year
with the Central Government shall (D) Exceeding one year but less than two
formulate Victim Compensation Scheme years
(VCS) for providing fund for
compensation to victims falls under 33. An arrested person has a Right to indels
Section 357-A of Cr.P.C. with effect from Consult a legal practitioner of his choice.
31-12-2009. This Section was inserted by: The consultation with the lawyer:
(A) Code of Criminal Procedure (A) May not be in the presence of to the
(Amendment) Act, 2008 (5 of 2009) police officer
(B) Code of Criminal Procedure (B) May be in the presence of the police
(Amendment) Act, 2005 (25 of 2005) officer but not within his hearing
(C) Criminal Procedure Law (Amendment) (C) May be in the presence of the police
Act, 2005 (2 of 2006) officer and within his hearing
(D) Code of Criminal Procedure (D) Both (A) and (B)
(Amendment) Act, 2001 (50 of 2001)
34. In cases of consecutive sentence on
30. The person seeking suspension of conviction of several offences at one trial
conviction should specifically draw the by a Metropolitan Magistrate, the
attention of the Appellate Court to the aggregate punishment:
consequences that may arise f the (A) Shall not exceed twice the amount of
conviction is not stayed as held by the punishment which he Magistrate is
Supreme Court in: competent to inflict for a single offence
(A) Sheo Prasad Bhor v. State of Assam, AIR (B) Shall not exceed the amount of
2007 SC 918- punishment which the Magistrate is
(B) P. V. George v. State of Kerala, AIR 2007 competent to inflict for a single offence
SC 1034 as prescribed under Section 29 of Cr PC
(C) Navjot Singh Sidhu v. State of Punjab, (C) Shall not exceed three times the
AIR 2007 SC 1003 amount of punishment which the
(D) Kuldip Nayar v. Union of India, (2006) 7 Magistrate is competent to inflict for a
SCC 1 single offence
(D) Shall not exceed 14 years
31. When there is a dispute between two
Courts relating to exercise of jurisdiction 35. Period of limitation of filing claims and
in a criminal matter and said Courts are objections to the attachment of any
under subordination of different High property attached under Section 83 of Cr
Courts, the matter shall be decided under PC, by any person other than the
Section 186 of Cr PC by the: proclaimed person, as provided under
(A) Supreme Court Section 84 of Cr PC:
(B) High Court of the larger State (A) Within three months of attachment
(C) High Court having more judges (B) Within six months of attachment
(D) High Court within whose local limits of (C) Within one year of attachment
appellate jurisdiction the proceeding (D) Within two months of attachment
first commenced

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36. Under Section 91 of Cr PC, a person who (B) When no appeal is provided
is summoned to produce a document(s) (C) Both (A) and (B)
on appearance before the Court: (D) Neither (A) nor (B)
(A) Becomes a witness and can be
subjected to cross- examination 42. In which of the following cases it was
(B) Does not become a witness and cannot held that "The second appeal is
be subjected to cross-examination permissible only if finding is perverse"?
(C) Becomes a witness but cannot be (A) Dinesh Kumar v. Yusuf Ali, AIR 2010 SC
subjected to cross- examination 2679
(D) Does not become a witness but can be (B) State v. M. L. Keshari, AIR 2010 SC 2587
subjected to cross- examination (C) Bimlesh V. New India Assurance Co.
Ltd., AIR 2010 SC 2591
37. Objection to the attachment of a (D) Dasmth v. State of Madhya Pradesh, AIR
property in execution can be raised: 2010 SC 2592
(A) By the parties to the suit
(B) By the stranger/third party 43. Under which Provision of CPC, the court
(C) Both (A) and (B) has jurisdiction to reject the plaint, which
(D) None of these does not disclose a cause of action or
where there is suppression of material
38. After dismissal of a suit under Order IX, fact?
Rule 8 of C. P. C., a fresh suit on the same (A) Order 7 Rule 11
cause of action, under Order IX, Rule 9 of (B) Order 8 Rule 11
C. P. C.: (C) Order 7 Rule 1
(A) Is barred (D) Order 5 Rule 1
(B) Is not barred under any circumstance
(C) Is not barred subject to law of limitation 44. The Supreme Court in which among the
(D) None of these following cases observed that CPC
Amendment Acts of 1999 and 2002 are
39. For the application of the principle res Constitutionally valid?
subjudice, which of the following is (A) Salem Advocate Bar Association, Tamil
essential? Nada v. Union of India
(A) Suits between the same parties or (B) Delhi High Court Bar Association v.
litigating under the same title Union of India
(B) The two suits must be pending disposal (C) Allahabad High Court Bar Association v.
in a Court Union of India
(C) The matter in issue in the two suits must (D) Punjab and Haryana High Court Bar
be directly and substantially the same Association v. Union of India
(D) All of these
45. In which case the Supreme Court held
40 On default in filing of written statement that Section 100-A of CPC which is
under Order VIII, pronouncement of substituted by CPC Amendment Act, 2002
judgement is: will not have retrospective effect even
(A) Mandatory though it brings within its fold those
(B) Discretionary appeals preferred prior to coming into
(C) Directory. force of the said Anendment Act?
(D) None of these (A) M. George v. State of Kerala, AIR 2007 SC
1034
41. Under Section 114 of C. P. C., Review is (B) Jagjit Singh v. State of Haryana, AIR 2007
maintainable : SC 59
(A) When an appeal is provided, but no (C) Meetu v. State of Punjab, AIR 2007 SC
appeal preferred 758

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(D) Kamla Devi v. Khushal Kanwar, AIR 2007 (b) Section 7 (ii) Duties of A
SC 663 Government
(c) Section 9 (iii) Duties of shelter
46. Which of the following Section provides homes
(d) Section11 (iv) Duties of medical
the definition of shared household under
facilities
the Protection of Women from Domestic
(a) (b) (c) (d)
Violence Act, 2005 ?
(A) (iii) (iv) (i) (ii)
(A) Section 2 (d)
(B) (i) (ii) (iii) (iv)
(B) Section 2 (f)
(C) (iv) (ii) (i) (iii)
(C) Section 2 (s)
(D) (iii) (ii) (i) (iv)
(D) Section 3

51. When did the Domestic Violence Act 2005,


47. The Supreme Court in Satish Chander
come into force?
Ahuja vs Sheha Ahuja (2020) held that the
(A) 1 April, 2005
following needs to be established for the
(B) 11 March, 2006
determination of whether a suit property
(C) 21 May, 2005
was shared household or not:
(D) 26 October, 2006
(A) The aggrieved person under the said
Act resided or was residing in the
52. A notice of date of hearing fixed under
premise during the period when the
Section 12 of the Domestic Violence Act,
domestic relationship existed
2005 shall be given by the Magistrate to
(B) The property was required to belong to
the:
the joint family of which the aggrieved
(A) Respondent
person is a part
(B) Protection Officer
(C) Only (A)
(C) Service Provider
(D) Both (A) and (B)
(D) Incharge of Police Station
48. In the Protection of Women from
53. 'Child' under the Protection of Women
Domestic Violence Act, 2005 violence
from the Domestic Violence Act, 2005
includes:
includes:
(A) Economic violence
(A) Adopted Child
(B) Sexual violence
(B) Step Child
(C) Both (A) and (B).
(C) Foster Child
(D) None of these
(D) All of these
49. Where a Protection Officer fails to
54. Breach of Protection Order under Section
discharge his duties as directed by
31 and 32 of the Domestic Violence Act,
agistrate without any sufficient cause,
2005 shall be an offence which is:
there he shall be liable:
(A) Cognizable and bailable
(A) For dismissal
(B) Cognizable and non-bailable
(B) To pay compensation
(C) Non-cognizable and bailable
(C) To be punished with imprisonment or
(D) Non-cognizable and non- bailable
with fine or with both
(D) To be punished with fine only
55. Protection of Women from Domestic
Violence Act, 2005 derives its support
50. Match the following as per the Sections
from of the Constitution of India.
of Domestic Violence Act, 2005:
(A) Article 14
(a) Section 6 (i) Duties and
functions of (B) Article 14, 15 and 21
Protection (C) Article 15 and 21
Officers (D) Article 14 and 21

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56. Section 6 of the Limitation Act, 1963 oes 62. Second Appeal to Central Public
not apply in case of: Information Officer before Central
(A) Suits Information Commission can be filed
(B) Execution of a decree within:
(C) Appeal (A) 90 days
(D) Suits and execution of a decree (B) 30 days
(C) 45 days
57. Section 5 of the Limitation Act, 1963 (D) 60 days
applies for condonation of delay. To apply
this provision 63. Time limit for filing application to
(A) Length of the delay is the only criterion become legal representative due to
(B) Length of the delay does not matter death of defendant or respondent is:
acceptability of the explanation is the (A) 30 days
only criterion (B) 90 days
(C) Length of the delay certainly matters (C) 45 days
apart from the acceptability of the (D) 60 days
explanation
(D) Both (A) and (B) 64. Temporary injunction may be granted:
(A) To restrain any election
58. For term Loan, the period of limitation is (B) To restrain dispossession from
three years from: property.
(A) Date of payment (C) To restrain any intended disciplinary
(B) Date of default action against public servant
(C) Due date of payment of each (D) To restrain the result of any adverse
installment entry against the public servant
(D) Date of default in payment in each
installment 65. Which of the following can be transferred
under the Provision of the Transfer of
59. The fraud is contemplated by Section 17 Property Act, 1882 ?
of the Limitation Act, 1963 is that of: (A) The right to mesne profit
(A) The plaintiff (B) A decree for mesne profit
(B) The defendant. (C) A transfer of property to a prostitude for
(C) Stranger to the contract future cohabitation
(D) Either (A), (B) or (C) (D) A sub-lease of a farm for the retail sale
of opium
60. Under the law of limitation, suits can be
filed within three years in cases relating 66. Which of the following can be considered
to: implied surrender of the lease?
(A) Accounts (A) Non-acceptance of a new lease taking
(B) Contracts effect during the continuance of the
(C) Declarations existing lease
(D) All of these. (B) Abandonment of possession by the
lessee
61. Section 11 of the Limitation Act, 1908 (C) A surrender by one of the two joint
deals with suits : lessee's implied surrender on the part
(A) On foreign contracts. second lessee
(B) On local contracts (D) None of these
(C) Banking contracts
(D) None of these 67. Under the Provisions of the TP Act, 1882,
the seller is duty bound to disclose:
(A) Patent defects in the property

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(B) Latent defects in the property (D) Neither (A) nor (B)
(C) Both (A) and (B)
(D) Neither (A) nor (B) 73. Which of the following instruments have
been excluded by the application of
68. Under the Provisions of the TP Act, 1882, Section 137 of the Transfer of Property
the benefits of a contract can be assigned Act, 1882 ?
as an actionable claim and transferred (A) Share
unless: (B) Bill of Exchange
(A) The contract is one which had been (C) Both (A) and (B)
induced by personal qualifications or (D) Neither (A) nor (B)
considerations as to the parties to it
(B) The benefit is coupled with an 74. In which of the following cases, the
obligation which the assignor is ound to Doctrine of Supervening Impossibility
discharge will apply?
(C) Either (A) or (B) (A) Difficulty in performance
(D) Neither (A) nor (B) (B) Commercial Impossibility
(C) Impossibility known to the parties at the
69. Under the Transfer of Property Act, 1882 time of making of the contract
vested interest is: (D) Strikes, Lock-outs and civil disturbances
(A) Defeated by the death of the transferor
(B) Defeated by the death of the transferee 75. Under which of the following conditions
(C) Either or both (A) and (B) can a proposal be revoked according to
(D) Neither (A) nor (B) the Indian Contract Act, 1872 ?
(i) By the Communication of notice of
70. What is the default interest payble under revocation by the proposar to the
Section 63 and 63A of the Transfer of other party
Property Act, 1882 ? (ii) By the failure of the acceptor to fulfil
(A) 8% per annum a condition of proposal
(B) 9% per annum (iii) By the death or insanity of the
(C) 10% per annum proposer
(D) Interest rae is not mentioned in the (iv) By the lapse of the time prescribed
Section (v) By notice of revocation after the
acceptance is communicated
71. Where the mortgage is illegal for want of (A) (i), (ii) and (iv) only
registration but the mortgage continues (B) (ii), (iii), (iv) and (v) only
in possession of the mortgaged property, (C) (i), (ii), (iii) and (iv) only
a valid mortgage comes in existence (D) All (i), (ii), (iii), (iv) and (v)
after the expiry of:
(A) 5 years. 76. In the Contract of Agency, Implied
(B) 10 years agency may arise by:
(C) 12 years (i) Agency by Estoppel.
(D) 20 years (ii) Agency of Necessity
(iii) Agency by Ratification
72. Which of the following are valid (iv) Agency by Holding out
illustrations of an anamolous mortgage? (A) Both (i) and (ii)
(A) A possessory mortgage without a (B) (i), (ii) and (iii)
conditional sale (C) Both (ii) and (iv)
(B) A possessory mortgage with a right to (D) Both (i) and (iii)
cause the mortgaged property to sale in
the event of default in payment 77. Which one of the following is a void
(C) Both (A) and (B) contract?

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(A) Unilateral contract (C) Statement (I) is correct but Statement
(B) A contract which ceases to be (II) is incorrect
enforceable by law (D) Statement (1) is incorrect but Statement
(C) Implied contract (II) is correct
(D) Express contract
81. What is consent under the Indian
78. Which one is the correct sequence Contract Act, 1872 ?
implied in the Indian Contract Act, 1872 ? (A) When acceptance of proposal is made
(i) Officer of proposal by the party to whom the proposal is
(ii) Contract made
(iii) Promise (B) When the acceptance is made by
(iv) Agreement another person other than the person
(v) Acceptance to whom the proposal is made
Choose the correct answer from the (C) When they agree upon the same thing
options given below: is the same sense
(A) (ii). (v). (1), (iv), (ii) (D) When both the parties agree upon a
(B) (iv). (i), (ii), (i), (v) thing in the way it is understood by
(C) (ii), (iv), (iii), (v), (i) them
(D) (i), (v), (iii), (iv), (ii)
82. The Indian Contract Act, 1872 extends to:
79. Statement (1): Agreement without (A) The State of Jammu and Kashmir
consideration is always valid. (B) The Union Territories of India
Statement (II): All contracts are (C) The whole of India except the State of
agreements but all valid agreements are Jammu and Kashmir
not contracts. (D) The whole of India
In the context of the above two
statements, which one of the following 83. When did Hindu Succession Act come into
codes is correct? force?
(A) Statement (1) and (II) both are correct (A) 17 June, 1956
(B) Both Statements (1) and (II) are (B) 1 March, 1957
incorrect (C) 1 May, 1956
(C) Statement (1) is incorrect and (D) 23 April, 1957
Statement (II) is correct
(D) Statement(1) is correct and Statement 84. Which Section of the Hindu Succession
(II) is incorrect Act, 1956 deals with the Order of
Succession among heirs in the Schedule?
80. Given below are two statements: (A) Section 12 of Hindu Succession Act,
Statement I: Display of goods by a 1956
shopkeeper with prices marked on them, (B) Section 9 of Hindu Succession Act, 1956
is not an offer but an invitation to the (C) Section 14 of Hindu Succession Act, 1956
public to make an offer to buy the goods. (D) Section 20 of Hindu Succession Act, 1956
Statement II: Price quotations,
catalogues and advertisements in 85. Section 19 of the Hindu Succession Act,
newspaper for sale of an article do 1956 provides:
constitute a valid offer. (A) Mode of a succession of two or more
In the light of the above statements, heirs
choose the most appropriate answer (B) Converts disqualified descendants
from the options given below: (C) Order of succession among heirs in the
(A) Both Statements (1) and (II) are correct Schedule
(B) Both Statement (1) and (II) are (D) Computation of degrees
incorrect

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86. Section 12 of Hindu Succession Act, 1956 (D) The whole of India except the Union
deals with: Territories
(A) Order of succession among agnates and
cognates 93. Specific Relief can be granted only for the
(B) Devolution of interest in coparcenary purpose of:
property (A) Enforcing individual civil rights and not
(C) Full blood preferred to half- blood for mere purpose of enforcing a penal
(D) Overriding effect of Act law
(B) Enforcing individual fundamental rights
87. Section 25 of the Hindu Succession Act, (C) Enforcing individual criminal rights only
1956 deals with: (0) (D) Enforcing individual civil rights as well
(A) Right of a child in the womb as criminal rights
(B) Murderer disqualified
(C) Disease, defect, etc., not to disqualify 94. When an injunction cannot be granted?
(D) Testamentary succession (A) To restrain any person from instituting
or prosecuting any proceeding in a
88. Will means deposition of property which criminal matter
takes effect: (B) To prevent the Breach of a Contract the
(A) After the birth of testator performance of which would not be
(B) After the death of testator specifically enforced
(C) During the life of testator (C) To restrain any person from applying to
(D) None of these any legislative body
(D) All the options are correct
89. A will is liable to be revoked or altered by
the: 95. How the preventive relief is granted
(A) Maker of it under the Specific Relief Act, 1963 by the
(B) Legatee of it Court?
(C) Executor of it (A) At the discretion of the Court by
(D) None of these perpetual
(B) At the discretion of the Court by
90. Who can apply for revocation of injunction temporary
succession certificate? (C) Both (A) and (B) are correct
(A) Interested person (D) None of these
(B) Uninterested person
(C) Minor 96. The specific performance of a contract
(D) None of these shall be enforced by the Court:
(A) Subject to the provisions of the Indian
91. Appeal shall lie in against the order of Contact Act, 1872
District Judge under Indian Succession (B) Subject to the provisions of the I x B
Act, 1925. Xode, 2016
(A) Supreme Court (C) Subject to the provisions contained in
(B) High Court Section 11(2), Section 14 and Section 16
(C) Both (A) and (B) of the Specific Relief Act, 1963
(D) None of these (D) None of these

92. The Specific Relief Act, 1963 extends to: 97. Any person interested in a contract may
(A) The whole of India except the State of sue to have it rescinded, and such
Jammu and Kashmir rescission may be adjudged by the Court
(B) The whole of India in which case (s):
(C) Only to capital cities of the States (A) Where the contract is unlawful for
causes not apparent on its face and the

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defendant is more to blame than the
plaintiff
(B) Where the contract is voidable or
terminable by the plaintiff
(C) Both (A) and (B) are correct
(D) None of these

98. ………………..injunctions are such as are to


continue until a specific time or, until the
further order of the Court, and they may
be granted at any stage of a suit, and are
regulated by the Code of Civil Procedure,
1908.
(A) Perpetual
(B) Temporary
(C) Both (A) and (B) are correct
(D) None of these

99. Whether any appeal is allowed against


the order or decree passed in any suit
instituted under Section 6 of the Specific
Relief Act, 1963 ?
(A) Yes, appeal can be allowed
(B) No, appeal shall lie from any order or
decree passed in suit instituted under
this Section, nor shall any review of any
such order or decree be allowed
(C) Appeal can be allowed, if permitted by
the Court, who has given the order or
decree
(D) None of these

100. A plaintiff instituting a suit for the


specific performance of a contract in
writing may pray in the alternative that,
if the contract cannot be specifically
enforced :
(A) It may be declared as enforceable
(B) It may be rescinded and delivered up to
the cancelled; and the Court, if it refuses
to enforce the contract specifically, may
direct it to be rescinded and delivered
up accordingly
(C) It may be declared as void
(D) None of these

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