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Material for District Judge Examination

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Indian Constitution - Page No.

Civil Procedure Code - Page No.

Criminal Procedure Code - Page No.

Compiled By
M.P.Murugan, Civil Judge, Tamil Nadu.
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Objective Questions on Constitution of India.

Q. No. 1 A member of the Council of Ministers can be asked to tender his


resignation if he loses the confidence of:
(a) The Governor
(b) The State Legislature
(c) The Chief Minister
(d) The High Court correct answer : c

Q. No. 2: The Governor of a State is appointed by:


(a) The Prime Minister
(b) The President
(c) The President on the recommendation of the Central Council of Ministers
(d) The President on the adviceof the Chief Minister of the State
correct answer : b

Q. No. 3 Which one of the following methods for the retirement of the
members of the Legislative Council is correct?
(a) All the members retire simultaneously
(b) One-third members retire every two years
(c) One-fourth members ret,;e after every two years
(d) One- half members retire after every two years
correct answer : b

Q. No. 4 The membership of a State Legislative Assembly generally ranges


between:
(a) 60 and 500
(b) 250 and 500
(c) 100 and 200
(d) 700 and 100
correct answer : a

Q. No. 5 Can one person act as Governor of more than one state?
(a) Yes
(b) No
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(c) Only for a period of six months


(d) Only for period of three months
correct answer : a

Q. No. 6 The term of the office of Comptroller and Auditor-General of India


le:
(a) 5 years
(b) 6 years
(c) 10 years
(d) 12 years
correct answer : b

Q. No. 7 To whom -does the Vice-President address his resignation?


(a) The Speaker of Lok Sabha
(b) The President
(c) The Minister of Home Affairs
(d) The Chile Justice correct
answer : b

Q. No. 8 The disputes regarding the election of the President are decided
by:
(a) The Supreme Court of India
(b) The Parliament
(c) The Election Commission
(d) The Comptroller and Auditor-General of India
correct answer : a

Q. No. 9 If there is any disagreement between the Rajya Sabha and the Lok
Sabha over a bill, the President will convene a joint sitting of both Houses of
the Parliament under Article:
(a) 107
(b) 109
(c) 111
(d) 108 correct answer : d
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Q. No. 10 The position of the President of India is analogous to:


(a) The Queen of United Kingdom
(b) The President of United States
(c) The Governor-General of Canada
(d) The President of Bangladesh correct answer : a

Q. No. 11
The joint sitting of Indian Parliament for transacting a legislative business is
presided over by:
(a) The President of India
(b) Seniormost member of the Parliament
(c) Chairman of the Rajya Sabha
(d) Speaker of the Lok Sabha correct answer : d

Q. No. 12 The President is empowered to dissolve:


(a) Only Lok Sabha
(b) Only Rajya Sabha
(c) Both Lok Sabha and Rajya Sabha
(d) None of the above correct answer : a

Q. No. 13 Who administers the oath of office to the President?


(a) The Prime Minister
(b) The Vice-President
(c) The Chief Election Commissioner
(d) The Chief-Justice of India correct answer : d

Q. No. 14
It the President wants to resign, he has to address the letter of resignation to
the:
(a) Prime Minister
(b) Vice-President
(c) Speaker
(d) Chief Justice of India

.correct answer : b
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Q. No. 15 If the office of the President falls vacant, except due to the expiry
of his term, it is to be filled within:
(a) One year
(b) One month
(c) Three months
(d) Six months correct answer : d

Q. No. 16 The procedure for the impeachment of the President is laid down
in Article:
(a) 61
(b) 60
(c) 63
(d) 64 correct answer : a

Q. No. 17 The Fundamental Rights as given in the Constitution are:


(a) Subject to reasonable restrictions
(b) Absolute
(c) Inalienable
(d) None of the above

.correct answer : a

Q. No. 18 If a new state of the Indian Union is to be created, which one of


the following schedules of the Constitution must be amended?
(a) First
(b) Second
(c) Third
(d) Fifth

.correct answer : a

Q. No. 19 Which of the following articles of the Indian Constitution provides


for endeavour of every State to arrange adequate facility for instruction in
the mother tongue at the primary stage of education?
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(a) Article 349


(b) Article 350
(c) Article 351
(d) Article 350-A answer : d

Q. No. 20 If a question arises whether a Member of Legislature of a State in


India has become subject to some disqualification, whose opinion will the
Governor seek and act upon ?
(a) Election Commission
(b) High Court
(c) President of India
(d) Supreme Court.

.correct answer : a

Q. No. 21 Judges of High Courts are appointed by the


(a) President.
(b) Governor.
(c) Chief Justice of India
(d) Prime minister on the advice of Council of ministers .correct answer : a

Q. No. 22 The right to constitutional remedies for enforcement of


Fundamental Rights is given in:
(a) Article 13
(b) Article 14
(c) Article 19d
(d) Article 32 .correct answer : d

Q. No. 23 The total number of members nominated by the President of India


to Rajya Sabha and Lok Sabha is
(a) 12
(b) 14
(c) 16
(d) 18 .correct answer : a

Q. No. 24
A Finance Commission is appointed by the President to recommend division
of revenue between the Centre and States in every:
(a) 2 years
(b) 5 years
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(c) 7 years
(d) 10 years

.correct answer : b

Q. No. 25 Which one of the following is a State subject included in the State
List only?
(a) Education
(b) Fisheries
(c) Forests
(d) Railways. .correct answer : b

Q. No. 26
The subjects on which the Central government enjoys exclusive powers are
contained in:
(a) The Union List
(b) The Federal List
(c) The State List
(d) The Concurrent List .correct answer : a

Q. No. 27 The Concurrent List contains:


(a) 97 subjects
(b) 66 subjects
(c) 57 subjects
(d) 47 subjects .correct answer : d

Q. No. 28
A boy, aged 11 years, has been compelled to work in a factory making match
boxes. Which Fundamental Right is violated in this case?
(a) Right to Equality
(b) Right against Exploitation
(c) Right to Freedom
(d) Right to Freedom of Religion.

.correct answer : b
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Q. No. 29
The security deposit of a general contestant in Lok Sabha election is:
(a) Rs 500/-
(b) Rs 250/-
(c) Rs 2500/-
(d) Rs 5000/-

.correct answer : a

Q. No. 30
According to 10th Schedule of the Constitution a member of Lok Sabha can
be disqualified on grounds of:
(a) Proven misbehaviour
(b) Lunacy
(c) Defection
(d) None of the above

.correct answer : c

Q. No. 31
Who is the Chairman of Zonal Councils?
(a) Prime Minister
(b) President
(c) Lok Sabha Speaker
(d) Union Home Minister

.correct answer : d

Q. No. 32
The Right to Freedom of Religion is included in:
(a) Articles 25 to 27
(b) Articles 25 to 28
(c) Articles 26 to 29
(d) Articles 22 to 28

.correct answer : b
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Q. No. 33
The names of the States and Union Territories and the territories covered by
each of them have been described in the:
(a) First Schedule
(b) Second Schedule
(c) Fourth Schedule
(d) Seventh Schedule

.correct answer : a

Q. No. 34
By which amendment did Parliament acquire the right to amend
Fundamental Rights?
(a) 24th amendment
(b) 23th amendment
(c) 20th amendment
(d) 22nd amendment

.correct answer : a

Q. No. 35
The concept of Directive Principles has been borrowed from:
(a) Irish Constitution
(b) Canadian Constitution
(c) Russian Constitution
(d) American Constitution

.correct answer : a

Q. No. 36
The Fundamental Rights:
(a) Were added by 42nd amendment
(b) Were added by 44th amendment
(c) Formed a part of original Constitution
(d) Were added by Parliament in 1952
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.correct answer : c

Q. No. 37
Which one of the following amendments established the importance of
Directive Principles over certain Fundamental Rights?
(a) 24th amendment
(b) 25th amendment
(c) 42nd amendment
(d) 44th amendment

.correct answer : c

Q. No. 38
Directive Principles have been included in the Constitution to achieve the
ideals of:
(a) Individual liberty
(b) Political liberty
(c) Democracy
(d) Welfare state

.correct answer : d

Q. No. 39
How many Directive Principles were added by the 42nd Amendment of 1976?
(a) Two
(b) Three
(c) Five
(d) Six

.correct answer : b

Q. No. 40
Under which Articles have the Directive Principles of State Policy been
mentioned in the Constitution?
(a) Articles 37-50
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(b) Articles 38-51


(c) Articles 36-51
(d) Articles 36-52

.correct answer : c

Q. No. 41
The Indian Federal system is largely based on the pattern of:
(a) American federation
(b) Australian federation
(c) Swiss federation
(d) Canadian federation

.correct answer : d

Q. No. 42
One of the Directive Principles is that the State shall introduce free and
compulsory education for all children up to the age of
(a) 10 years
(b) 12 years
(c) 14 years
(d) 13 years orrect answer : c

Q. No. 43
The Union List contains:
(a) 67 subjects
(b) 77 subjects
(c) 87 subjects
(d) 97 subjects

.correct answer : d

Q. No. 44
At present, there are?..freedoms under Article 19.
(a) Seven
(b) Six
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(c) Eight
(d) Ten

.correct answer : b

Q. No. 45
The right to acquire, hold and dispose of property was removed from Article
19 by:
(a) 44th Amendment
(b) 42nd Amendment
(c) 46th Amendment
(d) 45th Amendment

.correct answer : a

Q. No. 46
In which of the following matters, have Rajya Sabha co-equal powers with
Lok Sabha
(a) Power to initiate the Budget
(b) Power to pass the Finance Bill
(c) Power to adopt motion of no?-confidence against the Government
(d) Power to amend the Constitution.

.correct answer : d

Q. No. 47
Who in empowered to suspend the operation of the Fundamental Rights?
(a) Supreme Court
(b) President
(c) The Cabinet
(d) Parliament

.correct answer : b

Q. No. 48
Find the odd one out.
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(a) Right to Equality


(b) Right to Property
(c) Cultural and Educational Rights
(d) Right against Exploitation

.correct answer : b

Q. No. 49
Who is competent to amend Fundamental Rights?
(a) Supreme Court
(b) Parliament
(c) President
(d) They are not amendable

.correct answer : b

Q. No. 50
The Fundamental Rights are enshrined in which part of the Consitution?
(a) Part II
(b) Part III
(c) Part IV
(d) Part V

.correct answer : b

Q. No. 51
Which of the following Articles cannot be suspended in any proclamation of
emergency?
(a) Articles 15, 16
(b) Articles 18, 19
(c) Articles 20, 21
(d) Articles 15, 18

.correct answer : c

Q. No. 52
Which part of the Constitution of India has been described as the soul of the
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Constitution?
(a) Fundamental Rights
(b) Directive Principles of State Policy
(c) Preamble
(d) Right to Constitutional Remedies

.correct answer : d

Q. No. 53
A foreigner can acquire Indian citizenship through:
(a) Registration
(b) Naturalisation
(c) Descent
(d) All of the above

.correct answer : b

Q. No. 54
The Lok Sabha secretariat comes under the direct supervision of the:
(a) Ministry of Home Affairs
(b) Ministry of Parliamentary Affairs
(c) Speaker of the Lok Sabha
(d) President

.correct answer : c

Q. No. 55
Which of the following States does not have a bicameral legislature?
(a) Bihar
(b) Karnataka
(c) Rajasthan
(d) Maharashtra.

.correct answer : c

Q. No. 56
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How many Fundamental Duties were incorporated in Article 51-A, by the


42nd Amendment Act, 1976?
(a) Ten
(b) Nine
(c) Two
(d) Twenty

.correct answer : a

Q. No. 57
The Amendment by which the tenth Schedule was added:
(a) 46th Amendment
(b) 42nd Amendment
(c) 52nd Amendment
(d) None of the above

.correct answer : c

Q. No. 58
Political defection is sought to be curbed under which Constitutional
Amendment?
(a) 49th Constitutional Amendment
(b) 50th Constitutional Amendment
(c) 51st Constitutional Amendment
(d) 52nd Constitutional Amendment

.correct answer : d

Q. No. 59
The assessment year starts from????. Under Income Tax Act
(a) January 1
(b) February 28
(c) April-1
(d) June-1

.correct answer : c
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Q. No. 60
Which one among the following languages was not added by the 71st
Amendment Act 1992?
(a) Konkani
(b) Manipuri
(c) Nepali
(d) Urdu

.correct answer : d

Q. No. 61
The historic Panchayati Raj Bill adopted by parliament in 1992 by?..
Amendment.
(a) 70th
(b) 72nd
(c) 73rd
(d) 74 th

.correct answer : b

Q. No. 62
Which one of the following cannot be dissolved but can be abolished?
(a) State Legislative Councils
(b) State Legislative Assemblies
(c) Rajya Sabha
(d) Lok Sabha

.correct answer : a

Q. No. 63
Which one of the following States does not incorporate fundamental duties in
the Constitution?
(a) India
(b) Japan
(c) China
(d) U.K.
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.correct answer : d

Q. No. 64
The Governor of a State nominates to the Legislative Council:
(a) 1/8th of its members
(b) 1/10th of its members
(c) 1/6th of its members
(d) 1/5th of its members

.correct answer : c

Q. No. 65
Which amendment to the Constitution of India provides for National
Commissions for Scheduled Castes and Scheduled Tribes separately?
(a) 90th
(b) 89th
(c) 91st
(d) 88th

.correct answer : b

Q. No. 66
Which Article was called by Dr. Amhodkw the ?dead letter??
(a) Article 356
(b) Article 352
(c) Article 360
(d) Article 226

.correct answer : b

Q. No. 67
All the speeches and remarks made in the House of People are addressed to:
(a) The Prime Minister
(b) The Speaker
(c) The People
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(d) The members

.correct answer : b

Q. No. 68
The number of the Articles which were amended under the 42nd amendment
of the Constitution is:
(a) 10
(b) 25
(c) 44
(d) 53

.correct answer : d

Q. No. 69
Who accords recognition to various political parties as national or regional
parties?
(a) The President
(b) The Election Commission
(c) The Parliament
(d) The President in consulation with the Election Commission

.correct answer : b

Q. No. 70
In which state was Panchayati Raj first introduced?
(a) Gujarat
(b) Rajasthan
(c) Bihar
(d) Andhra Pradesh

.correct answer : b

Q. No. 71
The maximum number of seats for Lok Sabha may go up to:
(a) 542
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(b) 545
(c) 552
(d) 567

.correct answer : c

Q. No. 72
Which Article of the Constitution provides for an Election Commission?
(a) Article 280
(b) Article 315
(c) Article 324
(d) Article 325

.correct answer : c

Q. No. 73
The Ninth Schedule was added to the Constitution by:
(a) The 1st Amendment
(b) The 2nd Amendment
(c) The 8th Amendment
(d) The 11th Amendment

.correct answer : a

Q. No. 74
The controversial 42nd Amendment was passed in:
(a) 1974
(b) 1976
(c) 1978
(d) 1980

.correct answer : b

Q. No. 75
How many times can the President of India return, a Non-Money Bill, passed
by Parliament?
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(a) Twice
(b) Once
(c) Thrice
(d) Never.

.correct answer : b

Q. No. 76
The first Amendment Act was passed in the year:
(a) 1950.
(b) 1951
(c) 1952
(d) 1953

.correct answer : b

Q. No. 77
A new Chapter IV A on Fundamental Duties was inserted in the Indian
Constitution in?
(a) 1972
(b) 1976
(c) 1980
(d) 1984

.correct answer : b

Q. No. 78
Who issues notification for the elections to the Parliament?
(a) President
(b) Speaker of the House
(c) Election Commissioner
(d) The Prime Minister

.correct answer : a

Q. No. 79
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The Council of Ministers in the State has been made collectively responsible
to the:
(a) State Legislative Assembly
(b) State Legislative Council
(c) The Governor
(d) None of the above

.correct answer : a

Q. No. 80
How many times has the President declared financial emergency in the
country so far?
(a) Once
(b) Twice
(c) Thrice
(d) Never

.correct answer : d

Q. No. 81
Which one of the following is a source of revenue of a Municipal Committee?
(a) Income Tax
(b) Octroi Tax
(c) Excise Duty
(d) Foreign assistance.

.correct answer : b

Q. No. 82
Who can nominate one representative of the Anglo-Indian Community to the
State Legislative Assembly?
(a) The President
(b) The Speaker of State legislature
(c) The Governor
(d) The Chief Minister

.correct answer : c
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Q. No. 83
The allotment of seats in the Rajya Sabha from States and Union Territories
has been given in which schedule of the Constituion of India.
(a) 3rd Schedule
(b) 4th Schedule
(c) 7th
(d) 10th

.correct answer : b

Q. No. 84
The maximum duration for which an Emergency under Article 356 can be
imposed is:
(a) One year
(b) Three years
(c) Six months
(d) There No specified time limit

.correct answer : b

Q. No. 85
Which Schedule of the Constitution deals with the administration and control
of Scheduled Areas as well as Scheduled Tribes?
(a) First Schedule
(b) Fifth Schedule
(c) Sixth Schedule
(d) Seventh Schedule

.correct answer : b

Q. No. 86
Which of the following Articles of the Indian Constitution provides for
election to State Assemblies?
(a) Article 170
(b) Article 176
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(c) Article 178


(d) None of these.

.correct answer : a

Q. No. 87
`The returning officers for the State Legislative Assembly elections are
appointed by:
(a) The President
(b) The Governor
(c) The Election Commission
(d) The Chief Electoral Officers

.correct answer : c

Q. No. 88
The election compaign of all political parties and candidates in a
constitutency has to end hours before the closing of poll.
(a) 24 hours
(b) 48 hours
(c) 72 hours
(d) 36 hours

.correct answer : b

Q. No. 89
The responsibility for proper registration of an eligible person as voter rests
with:
(a) The Election Commission
(b) The State Government
(c) The political parties
(d) The individual concerned

.correct answer : a

Q. No. 90
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Economic justice has been incorporated in the Constitution of India under


the
(a) Directive Principles of State Policy.
(b) Fundamdntal Rights.
(c) Residuary Powers.
(d) Fundamental Duties.

.correct answer : a

Q. No. 91
Members of the Legislative Assembly are elected for a term of:
(a) 2 years
(b) 3 years
(c) 4 years
(d) 5 years

.correct answer : d

Q. No. 92
The State having maximum strength in its Assembly is:
(a) Uttar Pradesh
(b) Madhya Pradesh
(c) Bihar
(d) Orissa

.correct answer : a

Q. No. 93
The normal term of the Governor?s office:
(a) Depends on the tenure of the State Legislature
(b) Is 3 years
(c) Is 4 years
(d) Is 5 years

.correct answer : d
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Q. No. 94
Who holds the office of the Governor in case the latter expires?
(a) Nominee of the Chief Minister
(b) The Chief Justice of the State High Court
(c) The Chief Minister
(d) The Chief Secretary

.correct answer : b

Q. No. 95
The minimum age limit for a Governor is:
(a) 30 years
(b) 32 years
(c) 35 years
(d) 45 years

.correct answer : c

Q. No. 96
Which one of the following Constitutional Amendments bans floor crossing
by a member elected on a party ticket to a Legislature?
(a) 52nd
(b) 54th
(c) 56th
(d) 58th

.correct answer : a

Q. No. 97
Under which Article financial emergency can be proclaimed?
(a) Article 359
(b) Article 356
(c) Article 323
(d) Article 360

.correct answer : d
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Q. No. 98
The oath of office in a State is administered to the members of Council of
Ministers by:
(a) The Governor
(b) The Chief Minister
(c) The Speaker
(d) The Chief Justice of the State High Court

.correct answer : a

Q. No. 99
The special status has been accorded to the State of Jammu and Kashmir
under:
(a) Article 370 of the Constitution
(b) Schedule I of the Constitution
(c) A treaty signed between the Union Government and State Government at the
time of Accession.
(d) None of the above

.correct answer : a

Q. No. 100
Ordinance of the Governor has to be passed by the Assembly within:
(a) 8 weeks
(b) 6 weeks
(c) 12 weeks
(d) 10 weeks

.correct answer : b

Q. No. 101
Which one of the following is part of the electoral college for the election of
the President of India but does not form part of the forum for his
impeachment?
(a) Lok Sabha
(b) Raiya Sabha
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(c) State Legislative Council?s


(d) State Legislative Assemblies.

.correct answer : d

Q. No. 102
To whom are Fundamental Rights under the Indian Constitution
guaranteed?
(a) Everybody in India
(b) Indian citizens everywhere
(c) All legal entities
(d) All adult humans in India.

.correct answer : b

Q. No. 103
Which of the following languages was last added to the Eighth Schedule of the
Constitution?
(a) Sindhi
(b) Konkani
(c) Urdu
(d) Kannada

.correct answer : b

Q. No. 104
The President of India can be removed from office by:
(a) The Prime Minister of India
(b) The Lok Sabha
(c) The Chief Justice of India
(d) The Parliament

.correct answer : d

Q. No. 105
Panchayath Raj is a subject on the:
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(a) Concurrent List


(b) Union List
(c) State List
(d) Residual List

.correct answer : c

Q. No. 106
The Fundamental Rights of the Indian citizens have been enumerated from:
(a) Articles 12 to 35 of the Constitution
(b) Articles 13 to 36 of the Constitution
(c) Articles 15 to 39 of the Constitution
(d) Articles 16 to 40 of the Constitution

.correct answer : a

Q. No. 107
What is the age at which an Indian can become a candidate for
Presidentship?
(a) 45
(b) 65
(c) 60
(d) 35

.correct answer : d

Q. No. 108
What is the term of the members of Rajya Sabha?
(a) 6 years
(b) 5 years
(c) 4 years
(d) 2 years

.correct answer : a

Q. No. 109
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The Union Council of Ministers is collectively responsible to:


(a) Rajya Sabha
(b) Lok Sabha
(c) President
(d) Rajya Sabha and Lok Sabha

.correct answer : b

Q. No. 110
The Planning, Commission is:
(a) A Ministry
(b) A Government department
(c) An Advisory body
(d) An Autonomous corporation

.correct answer : c

Q. No. 111
The Lok Sabha Secretariat comes under the direct supervision of:
(a) Ministry of Home Affairs
(b) Ministry of Parliamentary Affairs
(c) Speaker of Lok Sabha
(d) President

.correct answer : c

Q. No. 112
Which of the following is correct?
(a) Lok Sabha can be dissolved before 5 years
(b) Lok Sabha can be extended only upto 6 years
(c) Lok Sabha is never dissolved before 5 years
(d) All members of Lok Sabha are elected representatives

.correct answer : a

Q. No. 113
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Centre-State financial distribution takes place on recommendations by the:


(a) Finance Minister
(b) Planning Commission
(c) Finance Commission
(d) Sarkaria, Commission

.correct answer : c

Q. No. 114
Eighth Schedule of the Constitution contains:
(a) Fundamental Rights
(b) List of religions
(c) Laws placed beyond the jurisdiction of Courts
(d) List of languages

.correct answer : d

Q. No. 115
Deputy-Chairman of Rajya Sabha can be removed by the members of:
(a) Rajya Sabha only
(b) Lok Sabha only
(c) Both Houses jointly
(d) None of the above

.correct answer : a

Q. No. 116
Supreme Court of India gave the verdict that the ?original structure? of the
Constitution could not be changed in whatever circumstances in the following
case:
(a) Sajjan case
(b) Golaknath case
(c) Keshavanand Bharti case
(d) Minerva Mills case

.correct answer : c
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Q. No. 117
The citizenship, provided by the Constitution of India, is
(a) Dual citizenship.
(b) Single citizenship
(c) Both of the above.
(d) None of the above.

.correct answer : b

Q. No. 118
Which of the following Acts included Indians in the Legislature for the first
time?
(a) Act of 1909
(b) Act of 1919
(c) Act of 1935
(d) Act of 1861

.correct answer : d

Q. No. 119
7th Schedule of the Constitution deals with:
(a) Oaths and affirmations
(b) 15 Indian languages
(c) 3 lists of subjects of legislation
(d) None of the above

.correct answer : c

Q. No. 120 The Constitutional amendment by which Fundamental Rights


were affected was:
(a) 39th
(b) 40th
(c) 41st
(d) 42nd

.correct answer : d
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Q. No. 121 A political party is recognised as a national party:


(a) When it contests elections in all the States of the country.
(b) When it. secures at least five per cent of the total votes cast in a national
election
(c) If it captures power at least in three States
(d) If it is recognised as a political party in four or more States.

.correct answer : d

Q. No. 122 The Constitution of India provides for the nomination of two
members of Lok Sabha by the President to represent:
(a) Persons of eminence in arts, letters, science, etc.
(b) Parsis
(c) The business community
(d) The Anglo-Indian community

.correct answer : d

Q. No. 123 ?Economic Justice? as one of the objectives of the Indian


Constitution has been provided in the:
(a) Preamble and Fundamental Rights
(b) Preamble and Directive Principles
(c) Fundamental Rights and Directive Principles
(d) Preamble, Fundamental Rights and Directive Principles

.correct answer : b

Q. No. 124 All India Services can be created by the:


(a) President
(b) U.P.S.C.
(c) Prime Minister
(d) Parliament

.correct answer : d
34

Q. No. 125 As per Indian Constitution, in the event of any conflict between
the union laws and state laws
(a) The matter is referred to the Supreme Court
(b) The state laws shall prevail
(c) The union laws shall prevail
(d) The matter is referred to the Parliamentary Committee specifically constituted
to resolve the dispute.

.correct answer : c

Q. No. 126
The number of seats in Lok Sabha allotted to different states is determined on
the basis of the
(a) population.
(b) size
(c) resources.
(d) location.

.correct answer : a

Q. No. 127
If the Speaker of the State legislative assembly decides to resign, he should
submit his resignation to the:
(a) Chief Minister
(b) Deputy Speaker
(c) Judge of the High Court
(d) President

.correct answer : b

Q. No. 128
The 42nd Amendment Act is notable because it gives:
(a) Special treatment to J and K
(b) Special status to Sikkim
(c) Primacy to Fundamental Rights over Directive Principles
(d) Primacy to Directive Principles over Fundamental Rights

.correct answer : d
35

Q. No. 129
Parliament or a State Legislature can declare a seat vacant if a member
absents himself without permission from the sessions for:
(a) 30 days
(b) 60 days
(c) 90 days
(d) 120 days

.correct answer : b

Q. No. 130
Identify the Article of the Constitution which abolished untouchability?
(a) Article 16b
(b) Article 17
(c) Article 19
(d) Article 32

.correct answer : b

Q. No. 131
No Money Bill can be introduced in the legislative assembly without the
recommendations of the:
(a) Governor
(b) Chief Minister
(c) Finance Minister
(d) Speaker

.correct answer : a

Q. No. 132
The President of India can proclaim National Emergency
(a) On the advice of the Council of Ministers headed by the Prime Minister
(b) On the advice of the Speaker
(c) On the advice of the leader of the ruling party or set of parties in power
(d) At his own discretion
36

.correct answer : a

Q. No. 133
How many Schedules did we have in our Constitution at the time of its
adoption?
(a) 8
(b) 10
(c) 12
(d) 11

.correct answer : a

Q. No. 134
The provision for .... has been given under Article 343.
(a) Regional languages
(b) Languages of the Supreme Court and High Courts
(c) Official language of the Union
(d) Committee on official language

.correct answer : c

Q. No. 135
We borrowed the Concept of Fundamental Duties from the:
(a) American Constitution
(b) Irish constitution
(c) Canadian Constitution
(d) USSR Constitution

.correct answer : d

Q. No. 136
Which one among the following is the lengthiest Constitution?
(a) American
(b) Indian
(c) Canadian
37

(d) Russian

.correct answer : b

Q. No. 137
Which are the three languages that were added to the Eighth Schedule in
1992 by 71st Amendment?
(a) Konkani, Manipuri, Nepali
(b) Naga, Rajasthani, Brij
(c) Manipuri, Sindhi, Naga
(d) Naga, Konkani, Nepali

.correct answer : a

Q. No. 138
Which of the following is also an official language and yet not included in the
Eighth Schedule of the Constitution?
(a) Rajasthani
(b) Konkani
(c) English
(d) Manipuri

.correct answer : c

Q. No. 139
Part II of the Constitution deals with:
(a) The Union and its Territory
(b) Citizenship
(c) Tribunals
(d) Elections

.correct answer : b

Q. No. 140
In India, a citizen who has attained the age of has a right to vote irrespective
of his religion, race, caste, colour, creed, sex, place of birth, etc.
38

(a) 21 years
(b) 20 years
(c) 18 years
(d) 18 years for girls and 21 years for boys

.correct answer : c

Q. No. 141
Which part of the Indian Constitution reflects the ideology of ?Humanism??
(a) Fundamental Rights
(b) Fundamental Duties
(c) Directive Principles
(d) Preamble

.correct answer : c

Q. No. 142
Equal pay for equal work for both men and women has been laid down in the
Indian Constitution as one of the
(a) Fundamental Rights.
(b) Fundamental Duties.
(c) Guidelines in the Preamble.
(d) Directive Principles of State Policy.

.correct answer : d

Q. No. 143
The authority to alter the boundaries of States in India rests with the:
(a) State Government
(b) Parliament
(c) Prime Minister
(d) President

.correct answer : b

Q. No. 144
39

The Finance Commission is set up by:


(a) Prime Minister
(b) President
(c) Parliament
(d) Finance Minister

.correct answer : b

Q. No. 145
Special provisions have been made in the Indian Constitution in respect of:
(a) Sikhs and Jains
(b) Women and Children
(c) Muslims and Christions
(d) Scheduled Castes and Scheduled Tribes

.correct answer : d

Q. No. 146
The Governor of a State is :
(a) Head of State
(b) Head of Government
(c) President's agent
(d) Non-political figure

.correct answer : a

Q. No. 147
Regarding distribution of power between Centre and the States, India can be
best described as:
(a) Quasi-federal
(b) Fully federal
(c) Federal in structure but unitary in function
(d) Partly federal and partly unitary

.correct answer : d
40

Q. No. 148
In case of aggression by a country on India, wherein a war situation arises,
which one of the following authorities can finally decide to declare emergency
and war against the aggressor?
(a) The President
(b) The Cabinet
(c) The Prime Minister
(d) The Parliament

.correct answer : a

Q. No. 149
Supremacy of Directive Principles of State Policy over Fundamental Rights
was provided in ??. constitutional amendment.
(a) 39th
(b) 41st
(c) 42nd
(d) None of these

.correct answer : c

Q. No. 150
The President may be removed from office for violation of the Constitution
before the expiry of his term by impeachment. Charges for this purpose may
be preferred by:
(a) Either House of the Parliament by a two-thirds majority
(b) Prime Minister and his Council of Ministers
(c) Not less than one-fourth of the total number of members of both the Houses of
Parliament
(d) Not less than half of the total number of members of Lok Sabha

.correct answer : a

Q. No. 151 ????.was the last to be adopted.


(a) Preamble
(b) Part III-Fundamental Rights
(c) Part IV- Directive Principles of State Policy
41

(d) None of the above

.correct answer : a

Q. No. 152
How many Articles did we have in the original Constitution?
(a) 400' Articles
(b) 410 Articles
(c) 443 Articles
(d) 395 Articles

.correct answer : d

Q. No. 153
To produce the Constitution, the Constituent Assembly took:
(a) 2 years 11 months and 17 days
(b) 3 years 10 months and 20 days
(c) 4 years 11 months and 17 days
(d) 5 years 6 months and 5 days32

.correct answer : a

Q. No. 154
The first session of Constituent Assembly was held:
(a) From 9th December to 23rd December, 1946
(b) From 9th December to 31st December, 1946
(c) From 29th December 1946 to 9th July, 1947
(d) From 8th December to 22nd December, 1946

.correct answer : a

Q. No. 155
The terms ?secular?, ?integrity? and ?socialist? were added to the Preamble
in
(a) 1979
(b) 1977
42

(c) 1976
(d) 1975

.correct answer : c

Q. No. 156
The Preamble of the Constitution was prepared by:
(a) Pt. Nehru
(b) Sardar Patel
(c) Mahatma Gandhi
(d) Subhash Chandra Bose

.correct answer : a

Q. No. 157
According to our Constitution, sovereignty rests in the
(a) People
(b) Union Parliament
(c) Presiden
(d) Constitution

.correct answer : a

Q. No. 158
Corporation Tax
(a) is levied and appropriated by the States.
(b) is levied by the Union and collected and appropriated by the States.
(c) is levied by the Union and shared by the Union and the States.
(d) is levied by the Union and belongs to it exclusively.

.correct answer : d

Q. No. 159
When the State Legislature is dissolved, the law making power is vested in the
hands of:
(a) Parliament
43

(b) President
(c) Governor
(d) Supreme Court

.correct answer : a

Q. No. 160
Who is the custodian of the Fundamental Rights enshrined in the Indian
Constitution?
(a) Parliament
(b) President
(c) Supreme Court
(d) All of these

.correct answer : c

Q. No. 161
The correct nomenclature of India according to the Preamble is :
(a) Sovereign, Secular, Democratic Republic
(b) Sovereign, Democratic Republic
(c) Sovereign Socialist Secular Democratic Republic
(d) Sovereign Secular Socialist Democracy

.correct answer : c

Q. No. 162
Which one of the following is in the state list?
(a) Railway Police
(b) Corporation Tax.
(c) Census
(d) Economic and social planning

.correct answer : a

Q. No. 163
When is the Rajya Sabha dissolved?
44

(a) During Emergency


(b) During President?s Rule
(c) Never
(d) After every five years of its election

.correct answer : c

Q. No. 164
The Constitution describes India as a:
(a) Unitary State
(b) Union of States
(c) Federation of States
(d) Confederation of States

.correct answer : b

Q. No. 165
What is Constitutional position of the Governor of a State in India?
(a) Representative of the President
(b) Representative of the Chief Minister
(c) Head of the State
(d) Representative of the Central Government

.correct answer : c

Q. No. 166
The words ?socialist? and ?secular? were added in the Preamble of the
Indian Constitution by the ?..Constitutional amendment.
(a) 42nd
(b) 32nd
(c) 25th
(d) 9th

.correct answer : a

Q. No. 167
45

If the office of the President falls vacant, it must be filled within the next:
(a) 3 months-
(b) 6 months
(c) 9 months
(d) 12 months

.correct answer : b

Q. No. 168
To whom can a case of dispute in the election of the President be referred?
(a) Chief Election Commissioner
(b) Parliament
(c) Supreme Court of India
(d) None of the above.

.correct answer : c

Q. No. 169
Which among the following is not a Fundamental Right?
(a) Right to strike
(b) Right against exploitation
(c) Right to equality
(d) Right to freedom of religion

.correct answer : a

Q. No. 170
Which of the following is presided over by a non-member?
(a) Lok Sabha
(b) Rajya Sabha
(c) Vidhan Sabha
(d) Vidhan Parishad

.correct answer : b

Q. No. 171
46

The sitting of the House of the people may be terminated by


(a) Adjournment
(b) Prorogation
(c) Dissolution
(d) All of these

.correct answer : a

Q. No. 172
President gives his resignation to the
(a) Prime Minister
(b) Vice-President
(c) Chief Justice
(d) Parliament

.correct answer : b

Q. No. 173
?Welfare State? is well defined in which of the following?
(a) Indian Preamble
(b) Directive Principles
(c) Schedule VII of the Constitution
(d) Fundamental Rights

.correct answer : b

Q. No. 174
White Paper is a:
(a) Government supplement on policy matters
(b) Fine paper for printing
(c) Paper used in currency notes
(d) Paper on which a judge gives a death sentence

.correct answer : a

Q. No. 175
47

For those Union Territories, which have no Legislative Councils of their own,
laws are passed by:
(a) Union Ministry
(b) President
(c) Parliament
(d) Appointed administrator

.correct answer : c

Q. No. 176
When is the joint session of Parliament called?
(a) When there is dispute over Money Bills
(b) When there is difference of opinion over non-Money Bills
(c) When the leader of the House is to be elected
(d) All of the above

.correct answer : b

Q. No. 177
What is the amendment whereby the power of the Lok Sabha to amend the
Constitution was affirmed?
(a) 24th
(b) 42nd
(c) 43rd
(d) 39 th

.correct answer : a

Q. No. 178
The Union Budget is presented in
(a) The Lok Sabha
(b) The Rajya Sabha
(c) Joint session of the Lok Sabha and the Rajya Sabha
(d) Anywhere

.correct answer : a
48

Q. No. 179
Formally all the executive powers of the Union Government are vested in
(a) The President of India
(b) The Cabinet Ministers only
(c) The Prime Minister of India
(d) The Union Council of Ministers

.correct answer : a

Q. No. 180
Under the Constitution, certain payments like the emoluments to the
President or Judges of the Supreme Court do not require any parliamentary
sanction as such, but are nevertheless shown separately in the budget. These
are drawn from:
(a) Grants-in-aid
(b) Contingency Fund
(c) Consolidated Fund of India
(d) Public Accounts

.correct answer : c

Q. No. 181
Which of the following were incorporated into the Constitution by an
amendment?
(a) Directive Principles
(b) Fundamental Duties
(c) Fundamental Rights
(d) None of the above

.correct answer : b

Q. No. 182
In India, the Fundamental Rights:
(a) Are unlimited and unrestrained
(b) Are not followed by duties
(c) Can be enforced through Courts
49

(d) Are not justiciable

.correct answer : c

Q. No. 183
If a no-confidence motion is passed in the Lok Sabha then:
(a) Parliament is dissolved
(b) Government resigns
(c) Prime Minister resigns
(d) Cabinet is re-formed

.correct answer : b

Q. No. 184
Untouchability? was abolished under Article of Indian Constitution.
(a) 48
(b) 49
(c) 17
(d) 331

.correct answer : c

Q. No. 185
Under the Constitution of India, tax on agricultural income can be levied by
(a) Panchayats
(b) State Government
(c) Central Government
(d) Zilla Parishad

.correct answer : b

Q. No. 186
In India, the power of judicial review is restricted because
(a) The Executive is supreme.
(b) The Legislature is supreme.
(c) The Constitution is supreme.
50

(d) The Judges are transferable.

.correct answer : c

Q. No. 187
The Comptroller and Auditor General of India is appointed by the:
(a) President
(b) Chief JusticePrime Minister
(c) Finance Minister
(d) None

.correct answer : a

Q. No. 188
There is no provision for the impeachment of
(a) The Vice-President.
(b) The Chief Justice of the High Court.
(c) The Chief Justice of India.
(d) None

.correct answer : b

Q. No. 189
By which amendment was the Education transferred from the Union List to
the Concurrent List?
(a) 42nd
(b) 39th
(c) 40th
(d) 43rd

.correct answer : a

Q. No. 190
The resolution for removing the Vice-President of India can be moved in the
(a) Lok Sabha
(b) Either House of Parliament
51

(c) Rajya Sabha alone


(d) Joint sitting of Parliament

.correct answer : c

Q. No. 191
Article 25 of the Indian Constitution refers to the:
(a) Right to Equality
(b) Freedom of Speech
(c) Freedom of Religion
(d) Right to Property

.correct answer : c

Q. No. 192
Prohibition of discrimination on grounds of religion, etc., (Article 15 of the
Constitution of Indi
(a) is a Fundamental Right classifiable under a) the Right to Freedom of Religion.
(b) the Right against Exploitation.
(c) the Cultural and Educational Rights.
(d) the Right to Equality.

.correct answer : d

Q. No. 193
Gandhian Principles have been enumerated in the Indian Constitution under
the:
(a) Fundamental Rights
(b) Directive Principles of State Policy
(c) Preamble of the Indian Constitution
(d) Fundamental Duties

.correct answer : b

Q. No. 194
The Indian President is a:
52

(a) Real executive


(b) Titular executive
(c) Monarch
(d) None of the above

.correct answer : b

Q. No. 195
Interpretation of Indian Constitution is based on the spirit of the:
(a) Preamble
(b) Fundamental Rights
(c) Directive Principles of State Policy
(d) Fundamental Duties

.correct answer : a

Q. No. 196
Which of the following types of Bills can become law despite disapproval of
Rajya Sabha?
(a) Non-money Bills
(b) All types of Bills
(c) Money BIlls
(d) None of the above

.correct answer : c

Q. No. 197
Bodo, Dogri, Maithili and Santhali have been included in the 8th Schedule of
the constitution by which Constitutional Amendment?
(a) 92nd Amendment Act, 2003
(b) 91st Amendment Act, 2003
(c) 85th Amendment Act, 2001
(d) 90th Amendment Act, 2003

.correct answer : a
53

Q. No. 198
Which of the following has banned floor crossing by the members elected on a
party ticket to the lagislature?
(a) 52nd Constitutional Amendment Act
(b) People?s Representation Act
(c) National Security Act
(d) Maintenance of Internal Security Act

.correct answer : a

Q. No. 199
Right to free education to children of 6 years to 14 years of age has been
granted vide 86th constitutional amendment, 2002.
(a) Enshrined in the Directive Principles of State Policy
(b) Made a Fundamental Right
(c) Outlined in the Preamble of the Constitution
(d) Ignored by the Constitution

.correct answer : b

Q. No. 200
The Indian Constitution does not follow the model of the Constitution of :
(a) U.K.
(b) U.S.A.
(c) China
(d) Ireland

.correct answer : c

Q. No. 201
When can the salaries of the judges of the Supreme Court be reduced during
their term of office
(a) As and when the President desires
(b) Never
(c) During a Financial Emergency
(d) If the Parliament passes a bill to this effect

.correct answer : c
54

Q. No. 202
If the Parliament passes a law which is against the Constitution, it can be
declared as unconstitutional by the
(a) A bench of High Court Judges
(b) Chief Justice of India
(c) President
(d) Supreme Court

.correct answer : d

Q. No. 203
The Chief Justice and other Judges of the Supreme Court can be removed
from their office by an order of the President passed after
(a) An address by each House supported by a majority of total membership of that
House and not less than 2/3 rd of members present and voting has been presented
to the President
(b) A resolution passed by 2/3 rd majority of total membership of Lok Sabha is
presented to him
(c) A resolution of both Houses passed a 2/3 rd majority of total membership is
presented to him
(d) An address by each House supported by the majority of the members present
and voting has been presented to him

.correct answer : a

Q. No. 204
A Judge of the Supreme Court can be removed from office only on grounds of
(a) Senility
(b) Proven misbehaviour or incapacity
(c) Imbecile conduct
(d) Gross inefficiency

.correct answer : b

Q. No. 205
55

In which of the following cases appeals cannot be lodged with the Supreme
Court
(a) Criminal case in which High Court after withdrawing a case from the lower
court, has given a death sentence
(b) Criminal cases in which High Court has given a death sentence to a criminal
found non-guilty by a lower court
(c) A sentence in a criminal case given by the lower court and confirmed by the
High Court
(d) Constitutional matters involving a substantial point of law

.correct answer : c

Q. No. 206
Which of the following is covered under the original jurisdiction of the
Supreme Court?
(a) Disputes between two citizens from two different states
(b) Disputes between two states of the Indian Union
(c) Dispute relating to criminal cases involving murder
(d) Dispute relating to civil matters

.correct answer : b

Q. No. 207
Which one of the following comes under the jurisdiction of both the High
Court and Supreme Court
(a) Protection against the violation of the Constitution
(b) Protection of the Fundamental Rights
(c) Disputes between the States
(d) Disputes between the Centre and the States

.correct answer : b

Q. No. 208
A judge of the Supreme Court of India is to hold office until he attains the age
of ____ y ears
(a) 65
(b) 62
56

(c) 60
(d) 58

.correct answer : a

Q. No. 209
The Supreme Court of India decides the disputes regarding the election of
(a) The President and Vice-President
(b) The Speaker and Deputy Speaker
(c) The Prime Minister
(d) All of the above

.correct answer : d

Q. No. 210
Which of the following is true about the Supreme Court?
(a) It can amend the Constitution
(b) It does not have the Original Jurisdiction
(c) It is the highest federal court of India
(d) It has only the Appellate Jurisdiction

.correct answer : c

Q. No. 211
A civil case becomes a fit case for appeal to the Supreme Court if
(a) The case had come to the High Court under an appeal from a subordinate court
(b) It involves a sum of money over Rs.10000
(c) The High Court certifies that it involves a point of law and needs interpretation
of the Constitution
(d) It involves a point of Constitutional law

.correct answer : c

Q. No. 212
Which is not an eligibility criterion for appointment as a Judge of the
Supreme Court?
57

(a) Must be, in the opinion of the President, a distinguished jurist


(b) Must have been an advocate of a High Court for not less than 10 years
(c) Must have attained the age of 55 years
(d) Must have been a High Court judge for at least 5 years

.correct answer : c

Q. No. 213
?Judicial Review? function of the Supreme Court means the power to
(a) Undertake periodic review of the Constitution
(b) Examine the constitutional validity of the laws
(c) Review the functioning of judiciary in the country
(d) Review its own judgment

.correct answer : b

Q. No. 214
Which of the following is incorrect regarding Supreme Court
(a) It is bound by its earlier decisions and cannot depart from its previous
decisions
(b) Its records are admitted in evidence and cannot be questioned when produced
in any Court of Law
(c) It is a court of record and has all the powers of such court including the power
to punish for contempt of itself
(d) It has the power to punish by fine and imprisonment any person guilty of
contempt of its authority

.correct answer : a

Q. No. 215
An appeal shall lie to the Supreme Court from any judgment of a High Court
if the High Court
(a) Has withdrawn for trial before itself any case from any subordinate court and
has convicted the accused person and sentenced him to death
(b) Certifies that the case is a fit one for appeal to the Supreme Court
(c) Has on appeal reversed an order of acquittal of an accused person and
sentenced him to death
58

(d) In all the above cases

.correct answer : d

Q. No. 216
To ensure impartiality, the retired Chief Justice and other judges of the
Supreme Court are debarred from practising law
(a) In any Criminal Court
(b) In any court other than State High Courts
(c) In any court of India
(d) In any court other than the Supreme Court

.correct answer : c

Q. No. 217
Besides its permanent seat at Delhi, the Supreme Court can also meet at
(a) Any other Union Territory
(b) Any other place as decided by the Chief Justice of India in consultation with
the President
(c) Any other major city
(d) Any other metropolitan city

.correct answer : b

Q. No. 218
The sanctioned strength of the Supreme Court of India including the Chief
Justice of India is
(a) 26
(b) 25
(c) 27
(d) 24

.correct answer : a

Q. No. 219
Salaries of the Supreme Court Judges are drawn from
59

(a) Consolidated fund of India


(b) Contingency fund
(c) Public account of India
(d) None of these

.correct answer : a

Q. No. 220
_____ is the Vigilance Officer who hears citizen?s complaints against the
Government
(a) Supreme Court Chief Justice
(b) High Court Chief Justice
(c) Governor
(d) Ombudsman

.correct answer : d

Q. No. 221
The final authority to interpret the constitution
(a) Parliament
(b) Supreme Court
(c) Attorney General
(d) High Court

.correct answer : b

Q. No. 222
Dispute regarding the election of Vice President is decided by
(a) High Court
(b) Election Commission
(c) Supreme Court
(d) President

.correct answer : c

Q. No. 223
60

The authority to restrict or extends the jurisdiction of the state of High Court
rests with
(a) Supreme Court of India
(b) State Government
(c) Governor
(d) President

.correct answer : c

Q. No. 224
In Golak nath case Supreme Court held that
(a) Parliament can amend the Fundamental rights
(b) Parliament cannot amend the FR
(c) Parliament can amend the preamble
(d) Parliament cannot amend the preamble

.correct answer : b

Q. No. 225
The High Court of a State is under the direct supervision of ____
(a) Governor
(b) President
(c) Parliament
(d) Supreme Court

.correct answer : d

Q. No. 226
Is there a presumption in favour of the constitutionality of statutes?
(a) Yes
(b) No
(c) Depends
(d) Not in all cases

.correct answer : a
61

Q. No. 227
When there is a conflict between Fundamental Rights as declared by Part III
and the Directive Principles of State Policy (Part IV), the _________ will
prevail.
(a) Directive Principles
(b) Fundamental Rights
(c) Both
(d) Neither

.correct answer : b

Q. No. 228
Are the provisions of Part IV en-forceable by any court?
(a) Yes
(b) No
(c) Depends
(d) Any of the above

.correct answer : b

Q. No. 229
Art______deals with Fundamental Duties.
(a) 51
(b) 51 A
(c) 12
(d) 13

.correct answer : b

Q. No. 230
The power to decide whether a law passed by the Legislature is valid and
constitutional is vested only in the__________.
(a) Courts
(b) Legislature
(c) President
(d) Parliament
62

.correct answer : a

Q. No. 231
Protection under Article __________ can be claimed by an institution only if
it is established by a religious or lin-guistic minority.
(a) 25
(b) 26
(c) 29
(d) 30

.correct answer : d

Q. No. 232
Where a legislation is impugned on the ground of its dealing with a topic
falling outside the limits assigned to the particular legislature which has
passed the legislation the __________ of the impugned legislature is the true
test of its constitutionality.
(a) Suitability
(b) Pith and substance
(c) Legality
(d) Validity

.correct answer : b

Q. No. 233
The??to the constitution can be regarded as a key to its objects and intention.
(a) Amendment
(b) Fundamental Rights
(c) Preamble
(d) Marginal Notes

.correct answer : c

Q. No. 234
Foreign nationals as such are not entitled to claim_______.
63

(a) Bill of Rights


(b) Human Rights
(c) Petition of Rights
(d) Fundamental Rights.

.correct answer : d

Q. No. 235
The right to move_______court for the enforcement of Fundamental Rights is
itself a guaranteed Fundamental Right.
(a) High
(b) Subordinate
(c) Quasi-Judicial
(d) Supreme

.correct answer : d

Q. No. 236
.............are not absolute but are limited.
(a) Property Rights
(b) Fundamental Rights
(c) Bill of Rights
(d) Petition of Rights

.correct answer : b

Q. No. 237
When a State Legislature is dissolved, the law-making power vests with the:
(a) State Government
(b) Chief Justice of India
(c) Union Parliament
(d) President of India

.correct answer : c

Q. No. 238
64

The impeachment process of President is initiated on the ground of:


(a) Proved misbehaviour and incapacity
(b) Gross delinquency
(c) Corruption
(d) Violation of the Constitution

.correct answer : d

Q. No. 239
Every statute is prima-facie ______ unless it is expressly or by necessary
implication made to have retrospec-tive operation.
(a) Complicated
(b) Residuary
(c) Inoperative
(d) Prospective

.correct answer : d

Q. No. 240
Where a case can be disposed of without declaring an Act_______, the court
will not make any such declaration.
(a) Lawful
(b) Constitutional
(c) Unconstitutional
(d) Valid

.correct answer : c

Q. No. 241
Where two constructions of a provi-sion in an Act are possible, one which will
make it ultra vires and the other intra vires,______ should be preferred.
(a) Former
(b) Latter
(c) Neither
(d) Any

.correct answer : b
65

Q. No. 242
According to the 73rd Constitution Amendment Act, in the event of
dissolution of Panchayat Raj institutions election for the new body should be
compulsorily held within
(a) 2 months
(b) 4 months
(c) 6 months
(d) 8 months

.correct answer : c

Q. No. 243
What is the main purpose of Panchayati Raj?
(a) To increase agricultural production
(b) To create employment
(c) To make people politically conscious
(d) To make people participate in development administration

.correct answer : d

Q. No. 244
The part of the Constitution that reflects the welfare ideals of the framers is:
(a) Directive Principles of State Policy
(b) Fundamental Rights
(c) Preamble
(d) Citizenship.

.correct answer : a

Q. No. 245
The general body of the Panchayat Samiti meets:
(a) Once in a year
(b) Once in two years
(c) Once in three years
(d) Once in three months
66

.correct answer : d

Q. No. 246
What percentage of seats are reserved for women in Panchayati
(a) 20%
(b) 30%
(c) 27.25%
(d) 40.10%

.correct answer : b

Q. No. 247
The system of Panchayati Raj sets up Panchayats at:
(a) The village, block and district level
(b) The village, district and state level
(c) The village and state level
(d) The village, block and state level

.correct answer : a

Q. No. 248
Assertion :-The President is a part of the legislature. Reason :-A bill passed
by the Houses of Parliament cannot become a law without the assent of the
President
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 249
Assertion :-The President is bound to act in accordance with the advice of the
Council of Ministers. Reason :-The Council of Ministers cannot be required
to reconsider its advice.
67

(a) Both A and R are true and R is the correct explanation of A


(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : c

Q. No. 250
Assertion :-The Supreme Court consists of a Chief Justice and 25 other
Judges. Reason :-The Judges of the Supreme Court draw such salaries and
allowances as are specified in the second schedule of the Constitution.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : c

Q. No. 251
Assertion :-Under Article 141, the decision of the Supreme Court is binding
on all courts within the territory of India. Reason :- The Supreme Court is
bound by its earlier decisions.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : c

Q. No. 252
Assertion :-The Preamble of the Constitution starts with ?We, the people of
India? Reason :It implies that the Constitution is created by the entire nation.

(a) Both A and R are true and R is the correct explanation of A


(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
68

.correct answer : b

Q. No. 253
Panchayati Raj System in India was introduced in
(a) 1955
(b) 1957
(c) 1959
(d) 1964

.correct answer : c

Q. No. 254
Panchayati Raj is:
(a) Administrative structure
(b) Financial structure
(c) Physical structure
(d) State structure

.correct answer : a

Q. No. 255
Local Self-Government was introduced in Modern India by:
(a) Lord Delhousie
(b) Lord Mayo
(c) Lord Curzon
(d) Lord Rippon

.correct answer : d

Q. No. 256
Primary aim of Panchayati Raj administration is:
(a) To work for rural development
(b) To ensure uplift of Harijans
(c) To arouse in the people continuous interest in community development
(d) To increase agricultural production through involvement of people in extension
69

programmes

.correct answer : a

Q. No. 257
The administrative head of the Panchayat Samiti is the:
(a) Sarpanch
(b) Gram Pradhan
(c) Block Development Officer
(d) District Magistrate

.correct answer : a

Q. No. 258
The Panchayati Raj institutions depend for funds mainly on
(a) Local taxes
(b) Property tax
(c) Government finances
(d) Special taxes

.correct answer : c

Q. No. 259
Panchayati Raj is based on the ideology of:
(a) Democratic decentralisation
(b) Community co-operation and development.
(c) People?s participation in government
(d) Cultivating political awareness in the rural masses

.correct answer : a

Q. No. 260
Balwant Rai Mehta Committee?s report was published in the year:
(a) 1952
(b) 1950
(c) 1957
70

(d) 1956

.correct answer : c

Q. No. 261
Which Article in the Constitution deals with the village panchayats?
(a) Article 30
(b) Article 40
(c) Article 43
(d) Article 45

.correct answer : b

Q. No. 262
The Balwantrai Mehta Committee suggested tier system of Panchayats Raj.
(a) One
(b) Two
(c) Three
(d) Four

.correct answer : c

Q. No. 263
In which state was Panchayati Raj first introduced?
(a) Gujarat
(b) Rajasthan
(c) Bihar
(d) Andhra Pradesh

.correct answer : b

Q. No. 264
Under which of the Five Year Plans the introduction of Panchayath Raj in
India was suggested?
(a) First Five-year Plan
(b) Second Five-year Plan
71

(c) Third Five-year Plane


(d) Fourth Five year Plan

.correct answer : b

Q. No. 265
Kothari Commission Recommendations are related with
(a) Abolition of Civil Service
(b) Educational reforms
(c) Centre-State relations
(d) Tax reforms

.correct answer : b

Q. No. 266
Which Article gives the composition of Panchayats?
(a) Article 243B
(b) Article 243
(c) Articles 2431 and 243K
(d) Article 243C

.correct answer : d

Q. No. 267
How many methods are mentioned in the Constitution for amendment?
(a) 2
(b) 3
(c) 4
(d) 5

.correct answer : b

Q. No. 268
Which is the apex of the three-tier system of Panchayati Raj?
(a) Gram Sabha
(b) Gram Panchayat
72

(c) Zilla Parishad


(d) Panchayat Samiti

.correct answer : c

Q. No. 269
Implementation of the Panchayati Raj in the country is a step towards
fulfilment of:
(a) Fundamental rights
(b) Fundamental duties
(c) Directive principles
(d) Constitutional obligations

.correct answer : c

Q. No. 270
Which one of the Directive Principles is Gandhian?
(a) Equal pay for equal work for both men and women
(b) Organisation of village Panchayats as effective units of local self-government
(c) Protection of workers, especially children
(d) None of the above

.correct answer : b

Q. No. 271
Local Self-government is:
(a) A system of administering local services by a local unit consisting of elected
persons
(b) A system of administering local services by servants of the central authority
(c) A system of administering local services through field units set up by the
Central or State governments
(d) A system of administering local services by a body of people selected by the
Government on account of their public interests.

.correct answer : a
73

Q. No. 272
Which one of the following Articles of the Constitution directs the State
Governments to organise Village Panchayats?
(a) Article 32
(b) Article 40
(c) Article 48
(d) Article 51

.correct answer : b

Q. No. 273
Article 40 of the Constitution of India states that ?The State shall take steps
to organise X and endow them with such powers and authority a-, may be
necessary to enable them to function as units of self-government.? In this
statement X stands for:
(a) Village Panchayats
(b) Zilla Parishads
(c) Inter-State Councils
(d) None of the above

.correct answer : a

Q. No. 274
Which of the following Amendment deals with new languages in the
Schedule?
(a) 93
(b) 94
(c) 92
(d) 95

.correct answer : c

Q. No. 275
The judges of the Supreme Court are appointed
(a) By the President in consultation with Prime Minister
(b) By the President in consultation with the Chief Justice of India and out of the
74

judges of the Supreme Court and High Court as he may deem necessary for the
purpose
(c) By the President in consultation with the Chief Justice of India
(d) By the President

.correct answer : b

Q. No. 276
The minimum number of Judges to sit on the Constitutional Bench or on
Bench which gives its advisory opinion on the reference by the President must
be
(a) One third of the total strength of the court
(b) 3
(c) One half of the total strength of the Supreme Court
(d) 7

.correct answer : c

Q. No. 277
Which is not correct statement? The supreme Court
(a) Settles electoral disputes of the President and Vice-President of India
(b) Protects the Directive Principles of State Policy
(c) Interprets the Constitution
(d) Is a watch-dog of citizen?s liberty

.correct answer : b

Q. No. 278
The rules for regulating the practice and procedure of Supreme Court under
Article 145 of the Constitution are made by the
(a) Supreme Court in consultation with the Bar Council of India
(b) Supreme Court
(c) Supreme Court with the approval of the President of India
(d) President of India

.correct answer : c
75

Q. No. 279
Judicial review in India does not extend to
(a) The privileges enjoyed by Parliament members
(b) The discretionary powers of the Governors
(c) The advice that the Council of Ministers gives to the President
(d) Any of the above

.correct answer : d

Q. No. 280
The salaries of the Judges of the Supreme Court of India
(a) Are fixed by the President of India
(b) Cannot be reduced during the term of their office except during a financial
emergency
(c) Can be reduced during their term of office
(d) Can never be reduced under any circumstances

.correct answer : b

Q. No. 281
The judges of the Supreme Court take on oath or affirmation before entering
upon office, conducted by
(a) President or some person appointed by him
(b) President or Vice-President
(c) Chief Justice of India
(d) None of the above

.correct answer : a

Q. No. 282
Public interest litigation applies to any case of public injury arising from
(a) The violation of the law
(b) The violation of a constitutional provision
(c) The breach of any public duty
(d) All the above
76

.correct answer : d

Q. No. 283
In which Part of the Constitution do we have the provisions regarding
President?
(a) Part IV
(b) Part V
(c) Part VI
(d) Part VII

.correct answer : b

Q. No. 284
The Custom ?Once a speaker always a speaker? is followed in
(a) India
(b) UK
(c) US
(d) France

.correct answer : b

Q. No. 285
Which is the lengthiest amendment of the Constitution?
(a) 1 st
(b) 42
(c) 44
(d) 24

.correct answer : b

Q. No. 286
Assertion :- The Balwant Rai Mehta Committee recommended the setting up
of Panchayati Raj in India. Reason :-The 73rd amendment deals with
Panchayathi Raj
(a) Both A and R are true and R is the correct explanation of A
77

(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 287
Assertion :-The Constitution of India was adopted on 26th November, 1949.
Reason :- The bulk of the Constitution became operative on 26th January,
1950, which date is referred to in the Constitution as its Date of
Commencement
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 288
Assertion :-Written Constitutions are rigid. Reason :-Rigid Constitutions
prescribe special procedure for amendment.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 289
Assertion :-The Chapter on the Fundamental Rights was framed upon the
model of American Constitution. Reason :-Fundamental rights are
enforceable.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
78

.correct answer : b

Q. No. 290
Assertion :- The Indian Constitution has adopted the Parliamentary system of
Government. Reason :-In a Parliamentary form of Government, the tenure of
office of the virtual executive is dependent on the will of the Legislature;
while in a Presiden- tial Government the tenure of office of the executive is
independent of the will of the Legislature.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 291
Parliament-can make any law for the whole or any part of India for
implementing international treaties
(a) With the consent of all the states
(b) With the consent of the majority of states
(c) With the consent of the states concerned
(d) Without the consent of any state

.correct answer : d

Q. No. 292
Indian Constitution provides for a ???. system.
(a) Presidential
(b) Unicameral
(c) Bicameral
(d) Unitary

.correct answer : c

Q. No. 293
79

What is the duration of zero hour in the Lok Sabha?


(a) 15 minutes
(b) Half an hour
(c) One hour
(d) Not specified

.correct answer : d

Q. No. 294
In which Schedule of the Constitution are the land reforms laws included?
(a) Seventh
(b) Eighth
(c) Ninth
(d) Tenth

.correct answer : c

Q. No. 295
Equal pay for equal work for both men and women has been laid down in the
Indian Constitution as, one of the
(a) Fundamental Rights
(b) Fundamental Duties
(c) Guidelines in the Preamble
(d) Directive Principles of State Policy

.correct answer : d

Q. No. 296
A Money hill can originate:
(a) Only in the Lok Sabha.
(b) Only in the Rajya Sabha
(c) In both the Houses simultaneously
(d) At the joint session of the two Houses

.correct answer : a
80

Q. No. 297
No person can be employed in factories or mines unless he is above the age of
(a) 12 years.
(b) 14 years.
(c) 18 years.
(d) 20 years.

.correct answer : b

Q. No. 298
Presidential system of government is incompatible with the
(a) Theory of Separation of Powers.
(b) Executive Accountability to the Legislature
(c) Judicial Review.
(d) Spoil system.

.correct answer : b

Q. No. 299
The power of the Supreme Court of India to decide disputes between the
Centre and the States falls under its
(a) Advisory jurisdiction.
(b) Appellate jurisdiction.
(c) Original jurisdiction.
(d) Constitutional jurisdiction

.correct answer : c

Q. No. 300
In an election, electioneering has to cease in a constituency:
(a) 2 days before the poll
(b) 48 hours before the commencement of polling
(c) 48 hours before the closing hour of polling
(d) 24 hours before the poll

.correct answer : c
81

Q. No. 301 Which of the following is not a constitutional body?


(a) Election Commission
(b) Finance Commission
(c) Inter-state Council
(d) National Advisory Council

.correct answer : d

Q. No. 302 The Chief Election Commissioner of India is:


(a) Elected by the Parliament
(b) Nominated by the Prime Minister
(c) Appointed by the President
(d) None of the above

.correct answer : c

Q. No. 303
Rajya Sabha enjoys more powers than the Lok Sabha in case of
(a) Money Bills.
(b) Non-Money Bills.
(c) Setting up of new all-India services.
(d) Amendment of the Constitution.

.correct answer : c

Q. No. 304 Which constitutional amendment provides for reservation in


admission in private unaided institutions for members of scheduled castes/
tribes and other backward classes?
(a) 92nd Constitutional Amendment
(b) 93rd Constitutional Amendment
(c) 91st Constitutional Amendment
(d) 90th Constitutional Amendment

.correct answer : b

Q. No. 305 The quorum to consitute a meeting of either House of


Parliament is ??.of the total membership.
(a) One-tenth
82

(b) One-fifth
(c) One-fourth
(d) One-third

.correct answer : a

Q. No. 306
In case of a deadlock between the two Houses over a particular issue, the joint
sitting of the two Houses of Parliament is presided over by the:
(a) President of India
(b) Vice-President of India
(c) Speaker of the Lok Sabha
(d) Member of the Lok Sabha specifically elected for that purpose

.correct answer : c

Q. No. 307 A Presidential proclamation can remain in force for:


(a) Three months
(b) Two months
(c) Six months
(d) Till the President revokes it

.correct answer : c

Q. No. 308 The President of India is elected for:


(a) 4 years
(b) 6 years
(c) 5 years
(d) 7 years

.correct answer : c

Q. No. 309 Which portion of the Indian Constitution reflects the mind
and ideals of its framers?
(a) Preamble
(b) Fundamental Rights
83

(c) Directive Principles


(d) Emergency Provisions

.correct answer : a

Q. No. 310
The Constitution of India provides for:
(a) Single citizenship
(b) Multiple citizenship
(c) Dual citizenship
(d) None of the above

.correct answer : a

Q. No. 311
Which of ?the following is not constitutional body?
(a) Election Commission
(b) Finance Commission
(c) Central Vigilance Commission
(d) Central Administrative Tribunal.

.correct answer : c

Q. No. 312
Which power is exclusively enjoyed by Lok Sabha?
(a) To amend the Constitution.
(b) To create new States.
(c) To pass the vote of no-confidence on Union Council of Ministers.
(d) To initiate impeachment p against a judge of the Supreme Court.

.correct answer : c

Q. No. 313
Who can initiate impeachment proceedings against the President of India?
(a) Only Lok Sabha
(b) Rajya Sabha
(c) Any Vidhan Sabha
(d) Either House of? Parliament
84

.correct answer : d

Q. No. 314
How many members of the Lok Sabha must support a motion of No
Confidence in the Government before it can be admitted by the Speaker?
(a) 20
(b) 25
(c) 35
(d) 50

.correct answer : d

Q. No. 315
How many times can the President of India return a non-Money Bill - passed
by Parliament?
(a) Twice
(b) Once
(c) Thrice
(d) Never

.correct answer : b

Q. No. 316
The amendment procedure laid down in the constitution of India is on the
pattern of:
(a) Government of India Act, 1935
(b) Constitution of U.S.A.
(c) Constitution of Canada
(d) None of the above

.correct answer : c

Q. No. 317
Which one of the following Articles under the Indian Constitution empowers
the President to appoint a commission to investigate the condition of?
85

backward classes in general and suggest ameliorative measures??


(a) Article 319
(b) Article 340
(c) Article 342
(d) Article 344

.correct answer : b

Q. No. 318
Which constitutional functionary, who is not a Member of Parliament, maybe
called to state his views before the Parliament?
(a) Attorney-General
(b) Comptroller and Auditor-General of India
(c) The Chief Election Commissioner
(d) The Chief Justice of the Supreme Court.

.correct answer : a

Q. No. 319
Which of the following non-members of Parliament has the right to address
it?
(a) Attorney-General of India
(b) Comptroller and Auditor-General of India
(c) Chief Justice of India
(d) Chief Election Commissioner

.correct answer : a

Q. No. 320
Which of the following authorities recommends the principles governing the
grants-in- aid of the revenues of the States out of the Consolidated Fund of
India?
(a) Public Accounts Committee
(b) Union Ministry of Finance
(c) Finance Commission
(d) None
86

.correct answer : c

Q. No. 321
Who among the following decides if a particular bill is a Money Bill or not?
(a) President
(b) Speaker of Lok Sabha
(c) Chairman of Rajya Sabha
(d) Finance Minister

.correct answer : b

Q. No. 322
The Directive Principles of State Policy included in the Constitution of India
have been inspired by the Constitution of:
(a) The U.S.A.
(b) Ireland
(c) Canada
(d) Australia

.correct answer : b

Q. No. 323
The Constitution of India does not mention the post of:
(a) The Deputy Chairman of Rajya Sabha
(b) The Deputy Prime Minister
(c) The Deputy Speaker of Lok Sabha
(d) None

.correct answer : b

Q. No. 324
The Vice-President of India is the ex-officio Chairman of:
(a) Rajya Sabha
(b) Inter-State Council
(c) Planning Commission
87

(d) Finance Commission

.correct answer : a

Q. No. 325
In which case did the Supreme Court concede the right of Parliament to
amend the Constitution but denied it the right to amend the basic structure of
the Constitution?
(a) Golak Nath case
(b) Keshavananda Bharati case
(c) Minerva Mills case
(d) None of the above.

.correct answer : b

Q. No. 326
Elections to the House of the People and the Legislative Assemblies of States
in India are conducted on the basis of:
(a) Single transferable vote
(b) Limited suffrage
(c) Proportional representation
(d) Adult franchise

.correct answer : a

Q. No. 327
The doctrine of Double jeoparady is mentioned in Article..
(a) 20
(b) 14
(c) 15
(d) 16

.correct answer : a

Q. No. 328
The control of the preparation of electoral rolls for Parliament and
88

Legislative Assemblies in India vests with the:


(a) Cabinet
(b) Prime Minister
(c) President
(d) Election Commission

.correct answer : d

Q. No. 329
How many times has the Preamble to the Constitution of India amended?
(a) Once
(b) Twice
(c) Thrice
(d) Never

.correct answer : a

Q. No. 330
The salaries and allowances of Union Ministers are determined by the
(a) President of India
(b) Prime Minister of India
(c) Council of Ministers
(d) Parliament

.correct answer : d

Q. No. 331
Ad hoc Judges are appointed in the Supreme Court when
(a) some Judges go on leave.
(b) none is available for permanent -appointment
(c) there is an abnormal increase in the cases pending before the Court.
(d) there is no quorum of Judges available to hold any session of the Court

.correct answer : d

Q. No. 332
89

Which of the following part of the Constitution deals with elections?


(a) X
(b) XV
(c) XX
(d) XVI

.correct answer : b

Q. No. 333
How many languages are included in the 8th Schedule of Constitution?
(a) 14
(b) 12
(c) 18
(d) 15

.correct answer : c

Q. No. 334
Which of the following Indian States has a separate Constitution?
(a) Sikkim
(b) Jammu & Kashmir
(c) Mizoram
(d) Goa

.correct answer : b

Q. No. 335
The only instance when the President of India exercised his power of veto
related to:
(a) The Hindu Code Bill
(b) The PEPSU Appropriation Bill
(c) The Indian Post Office (Amendment) Bill
(d) The Dowry Prohibition Bill

.correct answer : c
90

Q. No. 336
Acting Chief Justice of India is appointed by the
(a) . Chief Justice of India.
(b) Chief Justice of India with the previous, consent of the President.
(c) President.
(d) President in consultation with Chief Justice of India.

.correct answer : c

Q. No. 337
Who decides the size and membership of the Union Cabinet?
(a) President
(b) Prime Minister
(c) President of the ruling party
(d) Lok Sabha

.correct answer : b

Q. No. 338
The President can dissolve Lok Sabha at the advice/request of whom of the
following before the completion of the tenure?
(a) At the written request of the members
(b) At the advice of the Prime Minister
(c) At the written request of the Speaker of the Lok Sabha
(d) At the advice of the Vice-President

.correct answer : b

Q. No. 339
Which Article of the Constitution of India empowers the Parliament to
amend the Constitution?
(a) 370
(b) 368
(c) 390
(d) 376
91

.correct answer : b

Q. No. 340
A Judge of the Supreme Court can hold office upto the age of:
(a) 58 years
(b) 62 years
(c) 60 years
(d) 65 years

.correct answer : d

Q. No. 341
Who among the following was the advisor of the Constituent Assembly?
(a) Ambedkar
(b) Palkiwala
(c) B.N.Rao
(d) None of the above.

.correct answer : c

Q. No. 342
What was originally the voting age in the Constitution before its 61st
Amendement?
(a) 20 years
(b) 19 years
(c) 21 years
(d) None of the above

.correct answer : c

Q. No. 343
There is no reservation for SC and ST for Lok Sabha in
(a) Arunachal Pradesh.
(b) Jammu & Kashmir.
(c) Meghalaya.
92

(d) All of the above.

.correct answer : d

Q. No. 344
Money Bill has been defined by the Constitution under Article
(a) 109
(b) 110
(c) 111
(d) 112

.correct answer : b

Q. No. 345
Which of the following is in the Concurrent List in the Constitution of India?
(a) Population control and family planning
(b) Public health and sanitation
(c) Capitation taxes
(d) Treasure trove

.correct answer : b

Q. No. 346
The retirement age of a Member of the State Publice Service Commission is??
years.
(a) 58
(b) 60
(c) 62
(d) 65

.correct answer : b

Q. No. 347
The Ninth Schedule to the Constitution was included in the Constitution of
India under which of the Contitutional Amendments?
(a) First Amendment
93

(b) Twenty-fourth Amendment


(c) Forty-second Amendment
(d) It was a part of the original Constitution

.correct answer : a

Q. No. 348
Which of the following statements is correct with regard to the structure of
the Union Government?
(a) It is Unitary
(b) It is Federal
(c) It is Federal in peace times and Unitary in the Emergencies
(d) It is Unitary in peace times and Federal in Emergencies

.correct answer : c

Q. No. 349
What should be the minimum? strength, of the elected members in a State
Legislative Assembly?
(a) 250
(b) 500
(c) 300
(d) 60

.correct answer : d

Q. No. 350
Which of the following is not a prescribed qualification for appointment as a
Judge of the Supreme Court?
(a) He should have worked as a Judge of a High Court for a minimum period of
five years
(b) He should not be more than 55 years of age
(c) He should have worked as an advocate in any High Court for a minimum
period of ten years
(d) He should be an eminent jurist in the opinion of the President

.correct answer : b
94

Q. No. 351
Legally the authority to declare war or peace is with the:
(a) Chief of the armed forces
(b) The Prime Minister of India
(c) The President
(d) The Defence Minister

.correct answer : c

Q. No. 352
The Tenth Schedule of the Constitution of India relates to:
(a) The national languages of India
(b) Administration of the Scheduled and Tribal areas
(c) Judicial Review
(d) Anti-defection Law

.correct answer : d

Q. No. 353
The Contingency Fund of the State is operated by:
(a) The Governor
(b) The Chief Minister
(c) The State Finance Minister
(d) By all the three jointly

.correct answer : a

Q. No. 354
Which important human right is protected in Article 21 of the Constitution of
India?
(a) Right to Equality
(b) Right to Freedom of Religion
(c) Right to Freedom of Speech and Expression
(d) Right to life and liberty

.correct answer : d
95

Q. No. 355
The Planning Commission is:
(a) A Constitutional body
(b) A wing of the Ministry of Planning, Government of India
(c) An extra-constitutional and non-statutory advisory body
(d) Endowed with the responsibility of implementing the Five-year Plans

.correct answer : c

Q. No. 356
Who among the following are not appointed by the President?
(a) Governor of State
(b) Chief Justice and Judges of High Courts
(c) Vice-President
(d) Chief Justice and Judges of Supreme Court.

.correct answer : c

Q. No. 357
by which amendment, the Fundamental Duties of Indian citizens were added
to the Constitution?
(a) Forty-first Amendment
(b) Forty-second Amendment
(c) Forty-third Amendment
(d) Forty-fourth Amendment

.correct answer : b

Q. No. 358
Under the provisions of which Article of the Constitution is President?s rule
imposed in a State?
(a) 351
(b) 352
(c) 356
(d) 361
96

.correct answer : c

Q. No. 359
Which writ is issued by a High Court or the Supreme Court to compel an
authority to perform a function that it was not performing?
(a) Writ of Certiorari
(b) Writ of Habeas Corpus
(c) Writ of Mandamus
(d) Writ of Quo Warranto.

.correct answer : c

Q. No. 360
There is no provision for the impeachment of:
(a) The Vice-President
(b) The Chief Justice of the High Court
(c) The Chief Justice of India
(d) The Governor

.correct answer : d

Q. No. 361
In order to be officially recognised as Leader of the Opposition in Lok Sabha,
his party should have at-least of the total strength of the House.
(a) 10%
(b) 15%
(c) 20%
(d) 25%

.correct answer : a

Q. No. 362
The members of State Public Service Commission are appointed and
suspended by the:
(a) President
97

(b) Governor
(c) President and Governor respectively
(d) Governor and President respectively

.correct answer : b

Q. No. 363
Who among the following can be removed from office through impeachment
by Parliament?
(a) Speaker of Lok Sabha
(b) Prime Minister
(c) Vice-President of India
(d) President of India

.correct answer : d

Q. No. 364
Joint sittings of the two Houses of Parliament are presided over by the
(a) President of India
(b) Speaker of Lok Sabha
(c) Chairman of Rajya Sabha
(d) An MP nominated by the President

.correct answer : b

Q. No. 365
The power to grant pardon to persons convicted of an offence is vested in.
(a) President and Governor
(b) Parliament
(c) Union Law Minister
(d) Attorney-General

.correct answer : a

Q. No. 366
Elections to fill-up one-third seats of Rajya Sabha are held
98

(a) Every year


(b) Once in two years
(c) Once in five years
(d) Once in six years

.correct answer : b

Q. No. 367
Which right has been deleted from the list of Fundamental Rights and has
become a statutory right?
(a) Right to Equality
(b) Right to Freedom
(c) Right to Property
(d) Right to Constitutional Remedies

.correct answer : c

Q. No. 368
To be recognised as a National Party, a party must be recognised State Party
in at least
(a) three states.
(b) four states
(c) five states.
(d) six states.

.correct answer : b

Q. No. 369
?The original structure of the Indian Constitution cannot be changed.? In
which of the following cases did the Supreme Court give this verdict?
(a) Minerva Mills Case
(b) Golak Nath Case
(c) Keshavananda Bharati Case
(d) None of the above

.correct answer : b
99

Q. No. 370
From where did the makers of the Indian Constitution derive the ?
Parliamentary Structure of the Government??
(a) Britain
(b) United States of America
(c) Ireland
(d) None of the above

.correct answer : a

Q. No. 371
The words ?secular? and ?socialist? were added to the Indian Constitution in
1975 by amending the
(a) Preamble
(b) Directive Principles
(c) Fundamental Rights
(d) All of the above

.correct answer : a

Q. No. 372
Which Article under the Directive Principles puts the responsibility to
provide free and compulsory primary education on State?
(a) Article 40
(b) Article 42
(c) Article 43
(d) Article 45

.correct answer : d

Q. No. 373
The Constitution of India contains:
(a) 395 Articles and 8 Schedules
(b) 395 Articles and 12 Schedules
(c) .391 Articles and 14 Schedules
(d) 359 Articles and 10 Schedules
100

.correct answer : b

Q. No. 374
The Indian government is called parliamentary because:
(a) President is the head of the Executive
(b) The Executive is responsible to the Legislature
(c) The Constitution is supreme
(d) Lok Sabha members are directly elected by the people

.correct answer : b

Q. No. 375
Which one of the following amendments to the Indian Consitution is called a
Mini Constitution?
(a) 24
(b) 38
(c) 39
(d) 42

.correct answer : d

Q. No. 376
India is a Republic because:
(a) It is a member of the Commonwealth
(b) It has an elected Parliament
(c) It has a written Constitution
(d) The Head of State (the President) is elected

.correct answer : d

Q. No. 377
The number of Fundamental Duties mentioned in the Constitution is:
(a) 9
(b) 10
(c) 11
101

(d) 12

.correct answer : b

Q. No. 378
A Money Bill passed by Lok Sabha is deemed to have been passed by Rajya
Sabha also when no action is taken by the Upper House within
(a) 10 days.
(b) 14 days.
(c) 20 days.
(d) 30 days.

.correct answer : b

Q. No. 379
Separation of Judiciary from the Executive has been provided in which part
of the Indian Constitution?
(a) The Preamble.
(b) The Fundamental Rights.
(c) The Directive Principles of State Policy.
(d) The Seventh Schedule.

.correct answer : c

Q. No. 380
The territorial extents of Indian States and Union Territories are prescribed
in the:
(a) First Schedule
(b) Second Schedule
(c) Fourth Schedule
(d) Seventh Schedule

.correct answer : a

Q. No. 381
Assertion :-If a person feels that his Fundamental Rights have been infringed,
102

he can approach a law Court for his right. Reason :-Fundamental Rights are
justiciable.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 382
Assertion :?After three round table conferences, the British government
published a white paper in March, 1933 containing an outline of a new
constitution. Reason :-It contained a scheme for federal and provincial
autonomy.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 383
Assertion :-The first Interim Government was announced on August 24, 1946.
Reason :-On September 2, 1946 the Interim Government headed by Nehru
was sworn in.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 384
Assertion :-The Constitution of India recognizes the supremacy of judiciary.
Reason :-The legality of a reasonable restriction of fundamental rights is to be
de- termined by the courts of law.
(a) Both A and R are true and R is the correct explanation of A
103

(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : d

Q. No. 385
Assertion :? The Indian Constitution promises not only political but also
social democracy. Reason :-The concept of social democracy was explained by
Dr.Ambedkar in the Constituent Assembly.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : c

Q. No. 386
Assertion :-One of the fundamental principles of the Indian Constitution is
the Rule of Law. Reason :-Indian constitution guarantees to every citizen the
equality before law and has recognized the judiciary as the guardian of the
rights of people.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 387
Assertion :-For any violation of any of the Directive Principles of State Policy,
the affected party cannot move the court. Reason :-The Directives Principles
are not justicible.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
104

.correct answer : a

Q. No. 388
Assertion :-Secularism is a basic feature of the Constitution of India in the
sense that the State should be neutral to the different religions. Reason :-One
of the Directive Principles of State Policy states that uniform civil code may
be implemented.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 389
Assertion :-The goal envisaged by the Constitution of India is that of a
welfare state and the establishment of a socialist, secular, democratic state.
Reason :-The word secularism, is included in the preamble of the
Constitution by the 42nd Amendment in 1976.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 390
Assertion :-The original Constitution of India contained as many as 295
Articles and 5 Schedules. Reason :-The Constitution of India has the
distinction of being the most lengthy and detailed constitutional document the
world has so far produced.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
105

.correct answer : d

Q. No. 391
Assertion :-In the Constitution of India the unity and fraternity of the people
of India, professing numerous faiths, has been sought to be achieved by
enshrining the ideal of a secular State. Reason :-The ideal of a Secular State
means that the state protects all religions equally and does not itself uphold
any religion as the state religion.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 392
Assertion :-A joint sitting is not called in case of Constitutional Amendment
bills. Reason :-A bill for amendment of the Constitution has to by passed by
each House- separately by the special majority laid down.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 393
Assertion :-Fundamental Rights are absolute in nature. Reason
:-Fundamental rights are valid with certain restrictions which have been
provided by the Constitution itself.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : d
106

Q. No. 394
Assertion :-President of India is the Executive Head of the State. Reason :-He
holds the supreme command of India?s defence forces
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 395
Assertion :-Election Commission is a constitutional body Reason :-The Chief
Election Commissioner of India is appointed by the President
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 396
Assertion :-By inserting the word socialist in the Preamble by the 42 nd
Amendment Act of 1976, socialism as the goal of Indian polity was ensured.
Reason :-The Supreme Court of India has interpreted the concept socialism
in S.R.Bommai?s case.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 397
Assertion :-The Constitution stipulates that India shall be a union of states.
Reason :-There are 28 states in India.
107

(a) Both A and R are true and R is the correct explanation of A


(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 398
Assertion :-The Constitution of India is often termed as a borrowed
document. Reason :-The concept of Rule of Law is borrowed from UK.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 399
Assertion :-The preamble of the Indian Constitution serves two purposes.
Reason :-It indicates the source from which the Constitution derives its
authority, also it states the objects which the Constitution seeks to establish
and promote.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 400
Assertion :-The Constitution makes a distinction between the legislative
power to levy a tax and the power to appropriate the proceeds of tax so
levied. Reason :-There is a concurrent sphere in the matter of tax legislation.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
108

.correct answer : a

Q. No. 401
Assertion :- The High Court can issue any writs to enforce the provisions of
the Constitution. Reason :-There are 5 type of writs
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 402
Assertion :-By Rule of Law we ordinarily mean supremacy of law. Reason
:-This means that nobody is above law and the law applies to everyone
equally.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 403
Assertion :-The High Court is consulted by the Governor in appointment,
posting and promotion of District judges, it is consulted along with the State
Public Service Commission by the Governor, in appointing persons to the
judicial service of the State. Reason :-Control over District Courts and other
subordinate courts is vested in the Supreme Court.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : c
109

Q. No. 404
Assertion :-The Public Service Commissions are advisory bodies Reason
:-The Union Public Service Commission presents annually a report to the
President on the work done by it
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : d

Q. No. 405
Assertion :- Article 25 stipulates that all persons have the right to entertain
any religious belief and to propagate it. Reason :-India is a secular state
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 406
Assertion :-In a parliamentary form of government, the tenure of office of the
virtual Executive is dependent on the will of the legislature. Reason :-Being a
Republic, India could not have a hereditary monarch. Thus, an elected
President at the head of the executive power in India.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 407
Assertion :-The Finance Commission consists of a Chairman and four other
members Reason :-All of them were appointed by the president.
110

(a) Both A and R are true and R is the correct explanation of A


(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 408
Assertion :-The Janata Party Governemnt repealed an important
Fundamental Right, namely, the Right to Property. Reason :-Right to
property is now only a legal right.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 409
Assertion :-The State of Jammu and Kashmir has a special status. Reason
:-Jammu and Kashmir was accorded a special status by Article 370
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 410
Assertion :-An emergency due to war, external aggression or armed rebellion
may be referred to as national emergency. Reason :-The first Proclamation of
Emergency under Article 352 was made by the President on October 26, 1962
in view of the Chinese aggression.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
111

.correct answer : b

Q. No. 411
The amendment procedure laid down in the Constitution of India is on the
pattern of:
(a) Government of India Act 1935
(b) Constitution of South Africa
(c) Constitution of U.S.A.
(d) Constitution of Canada

.correct answer : b

Q. No. 412
The provisions concerning the elections .of the members of the Rajya Sabha
have been influenced by the Constitution of:
(a) South Africa
(b) Switzerland
(c) U.S.A.
(d) Government of India Act, 1935

.correct answer : a

Q. No. 413
The provisions relating to the right of the President of India to suspend the
Fundamental Rights- of Indian citizens are based on provisions contained in
the:
(a) Canadian Constitution
(b) South African Constitution
(c) Weimer Constitution of Germany
(d) The Government of India Act, 1935

.correct answer : c

Q. No. 414
The Indian Constitution had borrowed the idea of Fundamental Duties from
112

the:
(a) Constitution of U.S.S.R.
(b) British Constitution
(c) French Constitution
(d) Italian Constitution

.correct answer : a

Q. No. 415
The maximum influence on the Constitution of India was exercised by:
(a) The Constitution of U.S.A.
(b) The Constitution of U.K.,
(c) The Government of India Act, 1935
(d) The Constitution of Ireland

.correct answer : c

Q. No. 416
The minimum age to be eligible for Prime Ministership ?in India is:
(a) 21 years
(b) 25 years
(c) 30 years
(d) 35 years

.correct answer : b

Q. No. 417
The tenure of the Council of Ministers lasts:
(a) As long as it enjoys the support of the electorate
(b) As long as it enjoys the support of the majority of the members of the
Parliament
(c) Six years
(d) Five years.

.correct answer : b
113

Q. No. 418
The electoral system in India is largely based on the pattern of.
(a) Britian
(b) France
(c) USA
(d) None

.correct answer : a

Q. No. 419
Which one of the following is the popularly elected House of the Parliament?
(a) Lok Sabha
(b) Rajya Sabha
(c) Lok Sabha as well as Rajya Sabha
(d) None of the above

.correct answer : a

Q. No. 420
The Council of Ministers is collectively responsible to the:
(a) President
(b) Prime Minister
(c) Lok Sabha
(d) Rajya Sabha

.correct answer : c

Q. No. 421
The seat of a Member of Parliament can be declared vacant if he absents
himself from the House without permission fora period of:
(a) 60 days
(b) Two years
(c) Six months
(d) One year

.correct answer : a
114

Q. No. 422
The Fundamental Duties of the Indian citizens are enshrined in:
(a) Part IV of the Constitution
(b) Part III of the Constitution
(c) Part IV A of the Constitution
(d) Schedule IV

.correct answer : c

Q. No. 423
What do we say if members of a party in the Parliament cast their votes
regardless of the party to which they belong?
(a) Free-voting
(b) Cross-voting
(c) Defection
(d) Crossing the floor

.correct answer : d

Q. No. 424
Which Schedule deals with the seat allotments in Rajya Sabha?
(a) Third Schedule
(b) Fourth Schedule
(c) Seventh Schedule
(d) Ninth Schedule

.correct answer : b

Q. No. 425
As a result of the recent amendment to the Constitution the minimum age for
contesting the Panchayat elections is:
(a) 18 years
(b) 20 years
(c) 21 years
(d) 25 years
115

.correct answer : c

Q. No. 426
In which of the following points our Constitution is similar to that of the
United States of America?
(a) Rigid Constitution
(b) Fundamental Rights
(c) Directive Principles
(d) Rule of law

.correct answer : b

Q. No. 427
Part IX of the constitution envisages ???.. system of Panchayats.
(a) Single
(b) Two-tier
(c) Three-tier
(d) None of the above

.correct answer : c

Q. No. 428
The Right to personal liberty is in:
(a) Article 19
(b) Articles 20 to 22
(c) Articles 20 to 23
(d) Articles 21 and 22

.correct answer : d

Q. No. 429
Which Article of the Constitution makes Hindi the official language of India?
(a) 345
(b) 346
(c) 348
116

(d) 343

.correct answer : d

Q. No. 430
The concept of constitution first originated in:
(a) Japan
(b) Switzerland
(c) Britain
(d) U.S.A.

.correct answer : d

Q. No. 431
The Chairman of Public ?Accounts Committee is
(a) elected by Union Cabinet.
(b) appointed by Speaker.
(c) appointed by President..
(d) elected by Members of PAC.

.correct answer : b

Q. No. 432
The Vice-President holds office:
(a) During the pleasure of the President
(b) For a term of 4 years
(c) For a term of 5 years
(d) As long as the Parliament wants him to

.correct answer : c

Q. No. 433
Who among he following is known as the watchdog of public finance??
(a) Finance Minister
(b) Finance Commission
(c) Comptroller and Auditor-General
117

(d) Prime Minister

.correct answer : c

Q. No. 434
Who can take part in proceedings of either House of the Parliament and can
be a member of any Parliamentary Committee but not entitled to vote?
(a) Comptroller and Auditor-General
(b) Attorney-General for India
(c) Advocate-General
(d) None

.correct answer : b

Q. No. 435
A non-member appointed as a Minister must get himself elected as a Member
of Parliament within a period of:
(a) 1 month
(b) 2 months
(c) 4 months
(d) 6 months

.correct answer : d

Q. No. 436
Who does distribute portfolios among the Ministers?
(a) President
(b) Lok Sabha
(c) Prime Minister
(d) Vice-President

.correct answer : c

Q. No. 437
The strength of the Council of Ministers is fixed by:
(a) The. Constitution
118

(b) The Prime b6nister


(c) The Parliament
(d) The President

.correct answer : b

Q. No. 438
The 91 st Constitution (Amendment) Act, 2003?
(a) Limits the size of Council of Ministers to 15% of the total membership of the
Lower House of the legislature
(b) Further tightens the Anti-defection Act
(c) Both A) and B)
(d) Neither (A) nor (B)

.correct answer : c

Q. No. 439
Who is the ex-officio Chairman of each Zonal Council?
(a) The Chief Minister of one of the Sates
(b) The Union Home Minister
(c) The Governor of one of the States
(d) Any member elected by the Council .

.correct answer : b

Q. No. 440
If an Indian citizen is denied a public office because of his religion, which of
the following Fundamental Rights is denied to him?
(a) Right to Freedom
(b) Right to Equality
(c) Right to Freedom of Religion
(d) Right against Exploitation.

.correct answer : b

Q. No. 441
119

In the Constitution of India, the Right to ?Constitutional Remedies? has been


provided in Article:
(a) 30
(b) 31
(c) 35
(d) 32

.correct answer : d

Q. No. 442
The recommendations of the 12th Finance Commission are for the period
(a) 2002-2007
(b) 2005-2010
(c) 2006-2011
(d) 2004?2009

.correct answer : b

Q. No. 443
Which article of the Constitution of India provides for subordinate courts or
district courts?
(a) Article 102
(b) Article 103
(c) Article 124
(d) Article 233

.correct answer : d

Q. No. 444
The maximum strength of the Rajya Sabha is:
(a) 250
(b) 245
(c) 240
(d) 200

.correct answer : a
120

Q. No. 445
In order to be elected a member of Council of States a person must not be less
than:
(a) 30 years.
(b) 25 years
(c) 21 years
(d) 35 years

.correct answer : a

Q. No. 446
Appointments to All India Services are made by:
(a) The Prime Minister
(b) The Parliament
(c) The President
(d) The Union Public Service Commission

.correct answer : c

Q. No. 447
Who among the following is considered to be the custodian of the Lok Sabha?
(a) Prime Minister
(b) Leader of Opposition
(c) Chief whip of the ruling party
(d) Speaker

.correct answer : d

Q. No. 448
The President nominates?..members to the Rajya Sabha from amongst
persons ?having, ?special knowledge or practical experience in literature,
science, art, and social service.
(a) 10
(b) 11
(c) 12
(d) None
121

.correct answer : c

Q. No. 449
The Estimates Committee of the Parliament consists of members of only:
(a) Rajya Sabha
(b) Lok Sabha
(c) Both the Houses
(d) None of the above

.correct answer : b

Q. No. 450
Which Amendment led to the inclusion of Sindhi in the Eighth Schedule of
the Constitution?
(a) 21st
(b) 22nd
(c) 23rd
(d) 24th

.correct answer : a

Q. No. 451
Which of the following subjects does not belong to the Union List?
(a) Defence
(b) Central Excise and Customs
(c) Education
(d) Transport and Communication

.correct answer : c

Q. No. 452
How many times at least has the Parliament to meet in a year?
(a) Thrice
(b) Twice
(c) Once
(d) None of the above
122

.correct answer : b

Q. No. 453
The Lok Sabha:
(a) Cannot have its life extended beyond 5 years
(b) Is never dissolved within 5 years
(c) Is dissolved after every 5 years
(d) Is never subject to dissolution

.correct answer : c

Q. No. 454
The Fundamental Rights are available against the:
(a) Legislature
(b) Executive
(c) Judiciary
(d) State

.correct answer : d

Q. No. 455
The Constitution of India has borrowed many provisions from the:
(a) Regulating Act of 1773
(b) Minto-Morley Reforms of 1909
(c) Government of India Act, 1935
(d) The Government of India Act, 1919

.correct answer : c

Q. No. 456
The Residuary powers of the Union are given in:
(a) Article 249
(b) Article 248
(c) Article 247
(d) Article 250
123

.correct answer : b

Q. No. 457
Which amendment to the Constitution of India gave precedence to the
Directive Principles enumerated in the Constitution over Fundamental
Rights?
(a) 39th Amendment
(b) 40th Amendment
(c) 41st Amendment
(d) 42nd Amendment

.correct answer : d

Q. No. 458
A candidate to be the member of the Lok Sabha should not be less than:
(a) 21 years
(b) 25 years
(c) 30 years
(d) 35 years

.correct answer : b

Q. No. 459
Administrative powers of the Union and the States are:
(a) Conflictive
(b) Contradictory
(c) Co-extensive
(d) None of the above

.correct answer : c

Q. No. 460
The election to the House of People is:
(a) Direct
(b) Indirect
124

(c) By nomination
(d) None of the above

.correct answer : a

Q. No. 461
The State which has got the largest representation in the Lok Sabha is:
(a) Maharashtra
(b) Tamil Nadu
(c) Madhya Pradesh
(d) Uttar Pradesh

.correct answer : d

Q. No. 462
Which one of the following is correct about the Rajya Sabha?
(a) 1/3 of its members retire after every two years
(b) It can be dissolved by the President of India
(c) Its normal life can be extended by one year
(d) None of the above

.correct answer : a

Q. No. 463
Power, authority and responsibilities of municipalities are listed in which one
of the following schedules of the Constitution of India?
(a) Ninth
(b) Tenth
(c) Eleventh
(d) Twelth

.correct answer : d

Q. No. 464
In the States with bi-cameral legislature, the upper House is known as:
(a) Vidhan Parishad
125

(b) Vidhan Sabha


(c) Council of States
(d) Council of Representatives

.correct answer : a

Q. No. 465
The members of the Legislative Assembly are:
(a) Nominated by the Governor
(b) Directly elected by the people
(c) Elected by the local self-government bodies
(d) None of the above

.correct answer : b

Q. No. 466
The minimum age for the membership of the Legislative Council is :
(a) 45 years
(b) 30 years
(c) 35 years
(d) 21 years

.correct answer : b

Q. No. 467
Article 233 provides that the High Court is to be consulted by the??Jn the
matter of appointing, posting and promoting district judges.
(a) Chief Minister
(b) Governor
(c) President
(d) None

.correct answer : b

Q. No. 468
The ordinary Judges of the High Court are appointed by the President in
126

consultation with :
(a) The Chief Justice of the High Court
(b) The Chief Justice of India
(c) The Governor of the State
(d) All of the above

.correct answer : d

Q. No. 469
The President has the power to appoint and remove
(a) The Attorney General of India
(b) The Governor of a State
(c) Chairman or a member of the Public Service Commission
(d) All of the above

.correct answer : d

Q. No. 470
A person can be a member of the State Council of Ministers without being a
member of State Legislature:
(a) For a maximum period of six months
(b) For a maximum period of one year
(c) For an indefinite period
(d) For no time

.correct answer : a

Q. No. 471
The President must summon each House of Parliament at such intervals that
shall not intervene between its last sitting in one session and the date
appointed for its first sitting in the next sassion.
(a) Nine months
(b) Nine months
(c) Six months
(d) One year

.correct answer : c
127

Q. No. 472
Which one of the following Union Territories has maximum number of seats
in Lok Sabha?
(a) Pondicherry
(b) Delhi
(c) Chandigarh
(d) Andaman and Nicobar Islands

.correct answer : b

Q. No. 473
The Executive head of the State is
(a) The Governor
(b) The Chief Minister,
(c) The State Cabinet
(d) The State Legislative Council

.correct answer : a

Q. No. 474
The Vice-President of India is
(a) A member of either House of Parliament
(b) A member of Rajya Sabha
(c) A separate wing of the Parliament
(d) Not a member of Parliament

.correct answer : d

Q. No. 475
If the Rajya Sabha does not send the Money Bill back to the Lok Sabha
within a period of 14 days, the Bill will be:
(a) Taken as passed by both the Houses
(b) Taken as rejected by both the Houses
(c) Reconsidered by Lok Sabha
(d) Sent to the President
128

.correct answer : a

Q. No. 476
Proclamation of Emergency must be submitted to the Parliament for its
approval within:
(a) One month
(b) Two months
(c) Six months
(d) One year

.correct answer : a

Q. No. 477
The Deputy Speaker of Lok Sabha is:
(a) Appointed by the President
(b) Appointed by the Prime Minister
(c) Elected by the Lok Sabha
(d) Appointed by the Chief Justice of India

.correct answer : c

Q. No. 478
The President of India can declare:
(a) National emergency
(b) Constitutional emergency
(c) Financial emergency
(d) All of the Above

.correct answer : d

Q. No. 479
In India the President has
(a) All the power
(b) More powers than the Prime Minister
(c) Only nominal powers
129

(d) None of the above

.correct answer : c

Q. No. 480
How is the Vice-President of India elected?
(a) By an electoral college consisting of the elected members of Lok Sabha
(b) By the people directly
(c) By an electoral college consisting of the members of both the Houses of
Parliament
(d) By an electoral college consisting of the elected members of both Houses of
Parliament and the State Assemblies

.correct answer : c

Q. No. 481
The election to the office of the President is conducted by:
(a) The Speaker of the Lok Sabha
(b) The Ministry of Parliamentary Affairs
(c) The Chief Justice of India
(d) The Election Commission of India

.correct answer : d

Q. No. 482
In In dia, the resolution of vote of no-confidence in Union Council of
Ministers is passed by:
(a) Rajya Sabha
(b) Lok Sabha
(c) Judiciary
(d) None

.correct answer : b

Q. No. 483
The Attorney-General of India is appointed by the:
130

(a) President
(b) Prime Minister
(c) Chief Justice of India
(d) Law Minister

.correct answer : a

Q. No. 484
The High Court in each State consists of a Chief Justice and:
(a) 7 other Judges
(b) 5 other Judges
(c) Such other Judges as may be decided by the President
(d) Such other Judges as may be decided by Parliament

.correct answer : c

Q. No. 485
No Money Bill can be introduced in the Legislative Assembly without the
prior recommendation of the:
(a) Speaker
(b) Governor
(c) Chief Minister
(d) Finance Minister

.correct answer : b

Q. No. 486
What is the power of Rajya Sabha regarding Money Bills??
(a) It can amend it
(b) It call reject it
(c) It call withhold the it for 14 days to make recommendations
(d) It has no power

.correct answer : c

Q. No. 487
131

Which of the following Acts used the term Federation of India for the first
time?
(a) The Act of 1909
(b) The Act of 1919
(c) The Act of 1935
(d) None of the above

.correct answer : c

Q. No. 488
The Council of Ministers of the State is collectively responsible to :
(a) The Legislative Assembly of the State
(b) The Governor
(c) The President
(d) All of the above

.correct answer : a

Q. No. 489
In India, the power of Judicial Review is:
(a) Unconstitutional
(b) Extraconstitutional
(c) Constitutional
(d) None of the above

.correct answer : c

Q. No. 490
The Constitution as originally adopted had:
(a) 22 parts, 396 articles, and 6 schedules
(b) 22 parts, 395 articles and 8 schedules
(c) 22 parts, 395 articles and 10 schedules
(d) 22 parts, 390 articles and 7 schedules

.correct answer : b
132

Q. No. 491
Who appoints the Speaker pro-term of Lok Sabha?
(a) The President
(b) The Secretary-General of Lok Sabha
(c) Ex-Speaker
(d) The senior most member of Lok Sabha automatically becomes the Speaker
pro-tem.

.correct answer : a

Q. No. 492
The Anti-Defection law is not applicable to
(a) Speaker
(b) Home Minister
(c) Defence Minister
(d) All of the above

.correct answer : a

Q. No. 493
The President of India is elected:
(a) directly by 2/3 rd majority
(b) Indirectly by simple majority
(c) Indirectly by Electoral College
(d) Directly by simple majority

.correct answer : c

Q. No. 494
How many times can a President of India be re-elected?
(a) Cannot be re-elected
(b) Only once
(c) Only twice
(d) Any number of times

.correct answer : d
133

Q. No. 495
Who acts as the President, if he dies or resigns, until a new President is
elected?
(a) Chief Justice of India
(b) Comptroller and Auditor-General of India
(c) Chief Election Commissioner
(d) Vice-President of India

.correct answer : d

Q. No. 496
Which one of the following is not in the Union List?
(a) Foreign Affairs
(b) Railways
(c) Airways
(d) Public health

.correct answer : d

Q. No. 497
The Chairman of which Committee is usually from the opposition?
(a) Fstimates Committee
(b) Public Accounts Committee
(c) Petitions Committee
(d) Rules Committee

.correct answer : b

Q. No. 498
Which of the following, Articles defines Money Bill?
(a) Article 111
(b) Article 110
(c) Article 112
(d) Article 113
134

.correct answer : b

Q. No. 499
Usually, the head of the State dissolves the Parliament before- its term
expires, on the advice of the:
(a) Law Minister
(b) Prime Minister
(c) Speaker
(d) Parliamentary Affairs Minister

.correct answer : b

Q. No. 500
Generally, the Legislative Council of a State is created or abolished on the
recommendaion of:
(a) The Chief Minister
(b) The Council of Ministers
(c) The Governor
(d) Legislative Assembly

.correct answer : d

Hanumant's CJQuest Core - Objective Questions on Constituion of India -


Set 11

Q. No. 501
Education which was initially a State subject was transferred to the
Concurrent List by the:
(a) 24th Amendment
(b) 25th Amendment
(c) 42nd Amendment
(d) 44 th Amendment

.correct answer : c
135

Q. No. 502
Originally, the membership of Lok Sabha-was??..which was increased to?..
(a) 475, 500
(b) 452, 525
(c) 400, 525
(d) 500, 552

.correct answer : d

Q. No. 503
The Speaker of Lok Sabha has to address his letter of resigiation to the:
(a) Prime Minister of India
(b) Deputy Speaker of Lok Sabha
(c) President of India
(d) Vice-President of India

.correct answer : b

Q. No. 504
The salary and other allowances of the Judges of the High Courts are charged
on:
(a) The Consolidated Fund of India
(b) The Consolidated Fund of the State
(c) Both the Consolidated Funds of India and the States
(d) The Contigency Fund of India

.correct answer : b

Q. No. 505
The subjects on which the State government enjoys exclusive powers are
given in:
(a) The Coucurrent List
(b) The State List
(c) Provincial List
(d) The Residuary List
136

.correct answer : b

Q. No. 506
The subjects on which both the Centre and the State government can legislate
are contained in:
(a) The UInalon List
(b) The State List
(c) The Concurrent List
(d) The Residuary List

.correct answer : c

Q. No. 507
How many Union Territories are in India?
(a) 9
(b) 8
(c) 7
(d) 10

.correct answer : c

Q. No. 508
The UPSC consists of a Chairman and:
(a) Eight other members
(b) Eleven other members
(c) Six other members
(d) A number of members as shall be determined by the President

.correct answer : d

Q. No. 509
The Preamble can also be amended under:
(a) Article 363
(b) Article 259
(c) Article 158
137

(d) Article 368

.correct answer : d

Q. No. 510
Which Article requires the State to make effort s to secure a uniform civil
code throughout the territory of India?
(a) Article 43
(b) Article 53
(c) Article 44
(d) Article 38

.correct answer : c

Q. No. 511
Provincial autonomy was introduced in India under the:
(a) Government of India Act, 1935
(b) Act of 1991
(c) Minto-Morley Reforms Act, 1909
(d) None of the above

.correct answer : a

Q. No. 512
The Committee which suggested far-reaching changes by way of 42nd
constitutional Amendement was headed by:
(a) M.C.Setalwad
(b) Swaran Singh
(c) Palkiwala
(d) Subbarao

.correct answer : b

Q. No. 513
Who said ?The Principles (Directive Principles) should be made the basis of
all future legislation??
138

(a) Dr. B.R. Ambedkar


(b) Dr. B.N. Rau
(c) Jawaharlal Nehru
(d) Dr. Zakir Hussain

.correct answer : a

Q. No. 514
In which Schedule of the Constitution are the land reforms laws included?
(a) Seventh
(b) Eighth
(c) Ninth
(d) Tenth.

.correct answer : c

Q. No. 515
The Fundamental Rights:
(a) Formed a part of the original Constitution
(b) Were added by the Fourth Amendment
(c) Were added under the Forty-Second Amendment
(d) Were added by the Parliament in 1952

.correct answer : a

Q. No. 516
Who among the following is the Chairman of the National Integration
Council ?
(a) The President
(b) The Vice-President
(c) The Prime Minister
(d) The Chief Justice of India

.correct answer : c

Q. No. 517
139

India?s foreign policy is based on


(a) The Communist bloc
(b) The Western bloc
(c) Non-alignment
(d) Aggression

.correct answer : c

Q. No. 518
A Directive Principle of State Policy says that the State shall endeavour to
promote international peace and security. It is mentioned in :
(a) Article 50
(b) Article 51
(c) Article 52
(d) Article 53

.correct answer : b

Q. No. 519
Clemency of death sentence can be granted by
(a) Chief Justice of India
(b) President
(c) Governer of the state in which the crime is committed
(d) Prime Minister

.correct answer : b

Q. No. 520
Universal Adult Franchise implies a right to vote to all:
(a) Residents of the State
(b) Adult residents of the State
(c) Adult citizens of the State
(d) Adult female citizens of the State

.correct answer : c
140

Q. No. 521
The source of India's sovereignty lies in the:
(a) President
(b) Prime Minister
(c) People of India
(d) Preamble to the Constitution

.correct answer : c

Q. No. 522
The Speaker can ask a member of the House to stop speaking and let another
member speak. This phenomenon is known as
(a) yielding the floor
(b) crossing the floor.
(c) anti-defection
(d) decoram

.correct answer : a

Q. No. 523
Which Article authorises the Parliament to form new States, and alter areas,
boundaries or names of existing States?
(a) Article 2
(b) Article 3
(c) Article 6
(d) Article 8

.correct answer : b

Q. No. 524
What is the duration of ?zero hour? in Lok Sabha?
(a) 15 minutes
(b) Half-an-hour
(c) One hour
(d) Not specified
141

.correct answer : d

Q. No. 525
All-India Services come under Article:
(a) 310
(b) 312
(c) 316
(d) 319

.correct answer : b

Q. No. 526
Which of the following Constitutional posts is enjoyed for a fixed term?
(a) President
(b) Chief Justice
(c) Prime Minister
(d) Governor

.correct answer : a

Q. No. 527
The State which bas the largest number of seats reserved for the Scheduled
Tribes in Lok Sabha is
(a) Bihar.
(b) Gujarat.
(c) Uttar Pradesh.
(d) Madhya Pradesh.

.correct answer : d

Q. No. 528
From which Constitution was the Concept of a Five Year Plan borrowed into
the Indian Constitution?
(a) USA
(b) USSR
142

(c) UK
(d) Ireland

.correct answer : b

Q. No. 529
Which of the following exercises, the most profound influence, in framing the
Indian Constitution?
(a) British Constitution
(b) US Constitution
(c) Irish Constitution
(d) The Government of India Act, 1935.

.correct answer : d

Q. No. 530
Assertion :-The absence of vote, in the first instance will make the position of
the Speaker as impartial as in England. Reason :-The Speaker?s conduct in
regulating the procedure or maintaining order in the House is subject to the
jurisdiction of the Constitutional Bench of the Supreme Court.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : c

Q. No. 531
Assertion :-Hindi in Devanagari script is the official language of India.
Reason :-Languages of India are listed in the Eighth Schedule
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b
143

Q. No. 532
Assertion :-The adoption of uniform civil code, though mentioned in the
Constitution of India, is yet to be accomplished. Reason :-Directive principles
are non-justisiable.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 533
Assertion :-A secular State means a State which observes neutrality and
impartiality towards all religions. Reason :-A secular State is founded on the
idea that the State views the relation bet-ween man and God as a matter of
individual and private choice.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 534
Assertion :-As the head of the executive power, the President has been vested
by the Constitution with certain powers which may be said to be residuary in
nature. Reason :-The President has certain special powers in respect of the
administration of scheduled area and tribes and tribal Area in Assam.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 535
144

Assertion :-The Council of Ministers is a composite body. Reason :-The


number of members of the Council of Ministers is specified in the
Constitution.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : c

Q. No. 536
Assertion :-In India, there are a large number of political parties. Reason
:-Freedom to form associations or unions is a fundamental right guaran- teed
to all Indian citizens by the Constitution.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 537
Assertion :-The council of ministers is collectively responsible to the lower
House. Reason :-Most of the ministers are from lower house
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : c

Q. No. 538
Assertion :-The Indian Constitution is the bulkiest Constitution in the world,
about five times the size of the Constitution of U.S.A. Reason :-The fathers of
the Constitution wanted to include all good elements from about four score
Constitutions of the free world at that time and special clauses have been
provided for laying down the Fundamental Rights, Directive Principles, rules
145

for elections, a list of national languages and details about the conduct of the
government.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 539
Assertion :In order to be a Vice-President a person must be qualified for
election as a member of the Council of States. Reason :The Vice-President is
normally to act as the Chairman of the Council of States.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 540
Assertion :-The President has the power to legislate by ordinance at a time
when it is not possible to have a parliamentary enactment on the subject,
immediately. Reason :-The ambit of the ordinance making power of the
President is different from the legislative powers of Parliament.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : c

Q. No. 541
Assertion :-Both houses of Parliament as well as of a State Legislature have
similar privileges under the Constitution. Reason :-In general, the position of
the Speaker is similar to that of the Speaker of the English House of
Commons.
146

(a) Both A and R are true and R is the correct explanation of A


(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 542
Assertion :-The election and electoral college of the Vice President is same as
that of the President. Reason :-The Vice President is the highest dignitary of
India coming next after the President.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : d

Q. No. 543
Assertion :-The Election Commission decides the schedule of election to
Parliament or State Legislatures. Reason :-The Constitution provides for an
independent body in the form of Elec- tion Commission to conduct free and
fair elections
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 544
Assertion :- Article 37 declares that the Directive Principles of State Policy
are fundamental in the governance of the country and it shall be the duty of
the State to apply these principles in making laws. Reason :-The Directive
Principles have been made enforceable by the courts
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
147

(c) A is true but R is false


(d) A is false but R is true

.correct answer : c

Q. No. 545
Assertion :-In spite of the academic and theoretical denunciations of Second
Chamber, the Constituent Assembly was practically unanimous about the
usefulness and necessity of the Council of States as an integral part of the
general scheme of the Union Government. Reason :-The maximum strength
of the Rajya Sabha is fixed at 250.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 546
Assertion :- Although the word Federation finds no mention in the
Constitution of India, India is a federation. Reason :-In a P arliament
democracy executive is held responsible to the legislature.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 547
Assertion :-In a parliamentery democracy the President cannot function
without a Cabinet headed by the Prime Minister. Reason :-Parliamentery
form of government represents the whole nation.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
148

.correct answer : b

Q. No. 548
Assertion :-The President is empowered to establish an inter State Council
under Article 263 of the Constitution. Reason :-The Constitution outlines a
set of three fold duties that may be assigned to this body.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 549
Assertion :-The Constitution makes a distinction between the legislative
power to levy a tax and the power to appropriate the proceeds of tax so
levied. Reason :-There is no concurrent sphere in the matter of tax legislation.

(a) Both A and R are true and R is the correct explanation of A


(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : c

Q. No. 550
Assertion :The Rajya Sabha is a permanent body. Reason :The Rajya Sabha
cannot be dissolved.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a
149

Q. No. 551
Assertion :-The Legislative Council of a State is not subject to dissolution.
Reason :-One third of the members of the Legislative Council retire on the
expiry of every second year.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 552
Assertion :-A welfare State is one which is wedded to the principle of
promoting the general welfare and well being of the people. Reason :-India in
principle, is a welfare State.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 553
Assertion :-The independence of the Comptroller and Auditor General has
been secured by many provisions of the Constitution. Reason :-The
Comptroller and Auditor general may be removed in the same man- ner as of
a Supreme Court judge.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 554
Assertion :-The Council of Ministers hold office during the pleasure of the
150

President. Reason :-The President can dismiss the ministers at his discretion
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : c

Q. No. 555
Assertion :- Article 76 of the Constitution of India makes provision for the
appointment of the Attorney General. Reason :- The Attorney General has a
privilege to address the Houses of Parliament.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 556
Assertion :-The judges of a High Court cannot be transferred. Reason :-The
independence of the judges of High Courts is sought to be main- tained by the
Constitution
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : d

Q. No. 557
Assertion :-Lot of difference exists between the office of the Speaker and that
of the Vice-President. Reason :-The Vice President is not a member of either
House of Parliament.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
151

(d) A is false but R is true

.correct answer : a

Q. No. 558
Assertion :-President of India is only the Constitutional head. Reason :-India
has adopted Parliamentary system of government.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 559
Assertion :-The Directive Principles though not enforceable by courts are
justifiable. Reason :-The greatest progress in carrying out the directives has
taken place as regarding the Directive of Article 39(b).
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : d

Q. No. 560
Assertion :-The President has a right to seek advisory opinion of the Supreme
Court on any question of law. Reason :- The Constitution makes it obligatory
for the President to accept the advice rendered by the Supreme Court .
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : c
152

Q. No. 561
Assertion :-Fundamental Rights are ensured to citizens in many countries like
India, Japan, U.S.A., USSR, France, Switzerland and many other countries.
Reason :-Legal Rights have been further divided between Fundamental,
Political and Social or Civil rights.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 562
Assertion :- Preventive detention is very much included in the Chapter on
Fundamental Rights of the Indian Constitution. Reason :-Preventiv e
detention is definitely a Fundamental Right of the State against individuals.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : c

Q. No. 563
Assertion :Special provision for the protection of children is made in Art. 24.
Reason :Children below the age of fourteen years, if employed to work in any
factory or mine or engaged in any other hazardous employment, are
depreived of education and proper physical and mental development.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 564
153

Assertion :- There are separate provisions in the Constitution relating to the


administration of Acquired territories. Reason :-P arliament has exclusive
legislative power over a Union Territory, including matters which are
enumerated in the State List.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : d

Q. No. 565
Assertion :-There are fifteen Articles of the Constitution, from 35 to 50, that
deal with the Directive Principles. Reason :-The Directive Principles enshrine
the fundamentals for the realization of which the State in India stands.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : d

Q. No. 566
Assertion :-The Legislature of every State shall consist of the Governor and
the State Legislature. Reason :-In some of the States, the Legislature shall
consist of two Houses, namely, the Legislative Assembly and the Legislative
Council, while in the rest there shall be only one House i.e., the Legislative
Assembly.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 567
Assertion :-The Indian Constitution provides Fundamental Rights to its
154

citizens. Reason :It aims at protecting the rights and liberties of the Indian
citizens.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 568
Assertion :-The Supreme Court has been assigned by the Constitution a
special role as the protector and guarantor of Fundamental rights. Reason
:-The writ jurisdiction of the High Court is larger than that of the Supreme
Court.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 569
Assertion :-The Constitution of India is very flexible. Reason :- Since its
inception, the Constitution has been amended more than 90 times
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 570
Assertion :-Rajya Sabha is subject to dissolution. Reason :-Members of Rajya
Sabha are elected for 6 years and one-third of them retire every second year
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
155

(d) A is false but R is true

.correct answer : d

Q. No. 571
Assertion :-The difference between Fundamental Rights and Directive
Principles is negligible and marginal. Reason :-The Directive Principles
enshrined in the Constitution of India is taken from the Irish Constitution.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : d

Q. No. 572
Assertion :-President is the formal head of state in India. Reason :-Indian
Parliament consists of President, Lok Sabha and Rajya Sabha
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 573
Assertion :-It is the duty of every citizen to obey the Constitutional mandate.
Reason :-Holders of public office should not take decisions solely in terms of
the public interest.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : c
156

Q. No. 574
Assertion :-The Parliamentary government has a fixed tenure. Reason
:-Presidential government has a flexible tenure.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : d

Q. No. 575
Assertion :-Equality before the law is not applicable to the President of India.
Reason :-The President of India enjoys special powers and privileges under
the Constitution
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 576
Assertion :-The Advocate-General of a State has no right to speak or take
part in the proceedings of the State Legislature. Reason :-The Advocate-
General is not a member of the State Legislature
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : d

Q. No. 577
Assertion :-The Fundamental Rights are guaranteed by the Constitution not
only against the action of the Executive but also against that of the
Legislature. Reason :- Any act of the Executive or of the Legislature which
157

takes away or abridges any of these rights shall be void and the courts are
empowered to declare it as void.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 578
Assertion :Disagreement between the two Houses of the Union Parliament is
to be resolved by a joint sitting. Reason :There is no such provision for
solving differences between the two Houses of the State Legislature.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 579
Assertion :-The Indian Constitution closely follows the British Parliamentary
model. Reason :-In India the Upper House of the Parliament has judicial
powers.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : c

Q. No. 580
Assertion :-According to article 256, the executive power of every State is to
be exerci- sed in such a way to ensure compliance with the laws made by
Parliament. Reason :-The idea of the Union giving directions to the States is
foreign to most federations.
(a) Both A and R are true and R is the correct explanation of A
158

(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 581
Assertion :-Directive Principles are not enforceable by any court. Reason
:-Directive Principles are more or less fundamental in the governance of the
country.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 582
Assertion :-No Governor can be removed from office till the completion of his
term. Reason :-Article 156 of the Indian Constitution provides that a
Governor shall hold office for a term of five years from the date on which he
enters upon his office.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : d

Q. No. 583
Assertion :-True federal distribution of powers came into being with the
Government of India Act, 1919. Reason :-The Provinces got power by way of
delegation from the Centre.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true
159

.correct answer : c

Q. No. 584
Assertion :-India has a parliamentary system of government. Reason :-Indian
Parliament is bicameral
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b

Q. No. 585
Assertion :-In India, the Judiciary is independent of the Executive. Reason
:-Judiciary favours the government and helps in the implementation of its
plans.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : c

Q. No. 586
Assertion :-There are limitations on the Legislative authority of the State
Legislature. Reason :-Certain bills on the State List can be introduced in the
State Legislature only with the President?s approval
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : c

Q. No. 587
160

Assertion :- Any individual affected due to the violation of any of the


Directive Principles cannot move the court. Reason :-The Directive Principles
are not justiciable
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 588
Assertion :-The President of India is indirectly elected by an electoral college.
Reason :-Under a parliamentary system of government, the Head of the State
is only a nominal head.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : a

Q. No. 589
Assertion :-In India we have a multiparty system. Reason :-People have a
wider choice in the selection of their representatives.
(a) Both A and R are true and R is the correct explanation of A
(b) Both A and R are true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

.correct answer : b
161

Civil Procedure Code


162

Objective Questions on Civil Procedure Code.

Q. No. 1 Which of the following Section of CPC deals with the power to issue
precepts?
(a) 45
(b) 46
(c) 47
(d) 44

.correct answer : b

Q. No. 2 Which of the following Section of CPC deals with Execution of


decrees outside India?
(a) 45
(b) 46
(c) 47
(d) 44 .correct answer : a

Q. No. 3 A precept is issued by the Court which passed the decree to


another court
(a) When the property to be attached within more than one jurisdiction
(b) When the property to be attached is within its own jurisdiction
(c) When the property of the judgment debtor situated within the jurisdiction of
another court is to be attached
(d) None of these

.correct answer : c

Q. No. 4
Attachment of property under a precept shall remain valid for a period
of…..months unless it is extended.
(a) 2
(b) 3
(c) 4
(d) 5.
163

.correct answer : a

Q. No. 5
Any amount which a Court will order to be paid as compensatory costs in
respect of false or vexatious claims or defenses, shall not exceed the amount of
( MP PCSJ 1998)
(a) Two thousand rupees or the amount within its pecuniary jurisdiction whichever
is less
(b) Three thousand rupees or the amount within its pecuniary jurisdiction,
whichever is less
(c) Four thousand rupees or the amount within its pecuniary jurisdiction,
whichever is less
(d) Five thousand rupees or the amount within its pecuniary jurisdiction whichever
is less

.correct answer : b

Q. No. 6
An executing court cannot determine the questions relating to which of the
following? (UJS 2002)
(a) Execution of decree
(b) Discharge of decree
(c) Satisfaction of decree
(d) Modification of decree

.correct answer : d

Q. No. 7
During the proceeding of execution of a decree, a question arises as to
whether any person is or is not the representative of a party; such question
shall be determined by ( MP PCSJ 1998)
(a) The court which passed the decree
(b) The court executing the decree
(c) The appellate court
(d) A separate suit
164

.correct answer : b

Q. No. 8
Which of the following Section of CPC deals with Execution of decrees passed
by Civil Courts in places to which CPC does not extend?
(a) 41
(b) 42
(c) 43
(d) 44

.correct answer : c

Q. No. 9
Which of the following Section of CPC deals with execution of decrees passed
by Revenue Court in places to which CPC does not extend?
(a) 41
(b) 42
(c) 43
(d) 44

.correct answer : d

Q. No. 10
Which of the following Section of CPC deals with execution of decrees passed
by Courts in reciprocating territory?
(a) 45A
(b) 46A
(c) 47A
(d) 44A

.correct answer : d

Q. No. 11
Which of the following Section of CPC mandates that ‘the Court to which a
decree is sent for execution shall certify to the Court which passed it the fact
165

of such execution, or where the former Court fails to execute the same the
circumstances attending such failure’
(a) 41
(b) 42
(c) 43
(d) 44

.correct answer : a

Q. No. 12
‘Transfer of decree to Court in another State for execution is provided in
section………….of CPC.
(a) 40
(b) 41
(c) 39
(d) 36

.correct answer : a

Q. No. 13
Words ‘competent jurisdiction’ under section 39 of CPC refers to
(a) Such Court would have jurisdiction to try the suit in which such decree was
passed
(b) Pecuniary and territorial jurisdiction of the transferee court
(c) Territorial jurisdiction of the transferee court
(d) Pecuniary jurisdiction of the transferee court

.correct answer : a

Q. No. 14
The Court which passed a decree may, on the application of the decree-
holder, send it for execution to another Court of competent jurisdiction
(a) if the person against whom the decree is passed actually and voluntarily resides
or carries on business, or personally works for gain, within the local limits of the
jurisdiction of such other Court.
(b) if such person has not property within the local limits of the jurisdiction of the
Court which passed the decree sufficient to satisfy such decree and has property
166

within the local limits of the jurisdiction of such other Court


(c) if the decree directs the sale or delivery of immovable property situate outside
the local limits of the jurisdiction of the Court which passed it
(d) Any of the above.

.correct answer : d

Q. No. 15
Which of the following are the powers of executing Court?
(a) Power to order execution at the instance of the transferee of the decree;
(b) in the case of a decree passed against a firm, power to grant leave to execute
such decree against any person other than such a person as is referred to in clause
(b), or clause (c), of sub-rule (1) of rule 50 of Order XXI
(c) Both a and b
(d) Neither a and b

.correct answer : d

Q. No. 16
Which of the following are the powers of executing Court?
(a) Power to send the decree for execution to another Court under section 39
(b) Power to execute the decree against the legal representative of the deceased
judgmentdebtor under section 50
(c) Power to order attachment of a decree.
(d) All the above

.correct answer : d

Q. No. 17
Which of the following propositions are correct?
(a) The Court executing a decree sent to it shall have the same powers in executing
such decree as if it had been passed by itself.
(b) All persons disobeying or obstructing the execution of the decree shall be
punishable by such Court in the same manner as if it had passed the decree. And
its order in executing such decree shall be subject to the same rules in respect of
appeal as if the decree had been passed by itself
(c) Both are correct
167

(d) Both are wrong

.correct answer : c

Q. No. 18
Which of the following Section of CPC deals with powers of Court in
executing transferred decree?
(a) 41
(b) 42
(c) 43
(d) 44

.correct answer : b

Q. No. 19
Point out incorrect answer A decree passed by a civil court can be executed
by (UP PCS 2003, MPJS 2006)
(a) The court which passed that decree
(b) The court to which the decree is transferred for execution by the court passing
the decree
(c) Any court having jurisdiction concurrent to the court that passed the decree
(d) Either by court (A) or (B) as above

.correct answer : d

Q. No. 20
Which of the following Section of CPC deals with transfer of decree?
(a) 37
(b) 38
(c) 39
(d) 36

.correct answer : c

Q. No. 21
Compensatory costs under S.35A, can be imposed for
168

(a) False or vexatious claims or defences


(b) Delaying the proceedings
(c) Both (a) & (b)
(d) Neither (a) nor (b)

.correct answer : a

Q. No. 22
Under S.35A (1) CPC compensatory costs can be imposed in
(a) In any suit or proceedings
(b) Execution proceedings
(c) Appeal or revision
(d) Both a and b

.correct answer : d

Q. No. 23
The grounds for ordering costs under S. 35B are
(a) fails to take the step which he was required by or under this Code to take on
that date
(b) obtains an adjournment for taking such step or for producing evidence or on
any other ground
(c) Both a and b
(d) none of these

.correct answer : c

Q. No. 24
By which of the following Section of CPC a civil court can order Costs for
causing delay.
(a) 35A
(b) 34B
(c) 35B
(d) 36B

.correct answer : c
169

Q. No. 25
Awarding compensatory cost at the stage of injunction is
(a) Permissible
(b) Not permissible
(c) According to discretion of the Court
(d) none of these

.correct answer : b

Q. No. 26
By which of the following Section of CPC a civil court can order Costs?
(a) 35
(b) 34
(c) 36
(d) 37

.correct answer : a

Q. No. 27
The maximum amount of compensatory costs under section 35A that can be
awarded in respect of false or vexatious claims or defenses is
(a) According to the discretion of the court
(b) Whichever of the above is greater
(c) an amount not exceeding Rs.3000 or not exceeding the limits of its pecuniary
jurisdiction whichever amount is less
(d) None of these

.correct answer : c

Q. No. 28
By which of the following Section of CPC a civil court can order
Compensatory costs in respect of false or vexatious claims or defenses?
(a) 35A
(b) 34A
(c) 36A
(d) 37A
170

.correct answer : a

Q. No. 29
Which of the following Section of CPC gives the definition of the ‘Court
which passed a decree’?
(a) 37
(b) 38
(c) 39
(d) 40

.correct answer : a

Q. No. 30
Under the explanation V of S.11, any relief claimed in the plaint, which is not
expressly granted by the decree ___
(a) Can again be taken before the same court
(b) Shall be deemed to have been refused
(c) Shall be deemed to have been allowed
(d) None of these.

.correct answer : b

Q. No. 31
Which of the following are correct? Under S. 34 CPC, in awarding interest,
(a) In commercial contracts, where there is no contractual rate, the rate of interest
should be the rate at which moneys are lent or advanced by nationalized banks in
relation to commercial transactions
(b) In commercial transactions, the rate of further interest may exceed 6%, but
shall not exceed the contractual rate of interest
(c) The ordinary rule is to award further interest on the principal sum in addition to
the interest adjudged at a rate not exceeding 6% per annum
(d) All are correct

.correct answer : d
171

Q. No. 32
In which of the following cases the constitution bench of the Supreme Court
lay down the principles regarding pendentelite and future interest
(a) Mishri lal’s case
(b) International Woolen Mills v. Standard Wools
(c) Narendra Singh v. Kishan Singh
(d) Raveendar Kaur v. Asok Kumar

.correct answer : a

Q. No. 33
In which of the following cases the Supreme Court examine the scope and
ambit of the phrases ‘principle sum adjudged’ and ‘such principle sum’
appearing in section 34 CPC
(a) Salem Bar Association v. Union of India
(b) Central Bank of India v. Raveendra
(c) United India insurance v. Thomas
(d) Synco industries v. State Bank

.correct answer : b

Q. No. 34
In which of the following decisions the Supreme Court has held that the
expression ‘the principle sum adjudged’ occurring in section 34 includes the
amount of interest, charged on periodical rests and capitalized with the
principal sum actually advanced, so as to become an amalgam of principle in
such case where it is permissible as per contract between parties as an
established bank practice
(a) Salem Bar Association v. Union of India
(b) Central Bank of India v. Raveendra
(c) United India insurance v. Thomas
(d) Synco industries v. State Bank

.correct answer : b

Q. No. 35
172

Under Section 34 of Civil Procedure Code, Court can award interest from the
date of decree to the date of payment or such earlier date as the Court thinks
fit. Rate of such interest shall not exceed…….per annum. (MP PCSJ 1998)
(a) Nine per cent
(b) Ten per cent
(c) Six per cent
(d) Twelve per cent

.correct answer : c

Q. No. 36
Under section 34(1) of CPC a civil court can grant interest
(a) From the date of the suit till the date of decree
(b) From the date of the decree till realization
(c) Both a. & (b)
(d) none of these

.correct answer : d

Q. No. 37
By which of the following Section of CPC a civil court can order interest?
(a) 34
(b) 32
(c) 29
(d) 30

.correct answer : a

Q. No. 38
Which of the following Section of CPC mandates that ‘The Court, after the
case has been heard, shall pronounce judgment, and on such judgment a
decree shall follow?
(a) 31
(b) 32
(c) 33
(d) 34
173

.correct answer : c

Q. No. 39
Doctrine of constructive res judicata has been provided in explanation _____
under section 11.
(a) IV
(b) V
(c) VI
(d) VII

.correct answer : a

Q. No. 40
Under S.34(2) CPC, Where a decree is silent with respect to the payment of
further interest on the principal sum from the date of the decree to the date of
payment or other earlier date,
(a) at the contractual rate up to the date of the decree
(b) court shall be deemed to have refused such interest
(c) at the contractual rate of 6% per annum
(d) None of these.

.correct answer : b

Q. No. 41
‘A new plea cannot be raised for the first time in the execution Court’. The
statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 42
Execution can be ordered by
174

(a) by delivery of any property specifically decreed;


(b) by attachment and sale or by the sale without attachment of any property;
(c) by arrest and detention in prison for such period not exceeding the period
specified in section 58, where arrest and detention is permissible under that
section.
(d) Any of the above

.correct answer : d

Q. No. 43
Modes of execution of a decree have been stated in
(a) Section 52 of CPC
(b) Section 51 of CPC
(c) Section 49 of CPC
(d) Section 48 of CPC

.correct answer : b

Q. No. 44
Where the decree is for the payment of money, execution by detention in
prison shall be ordered only when the Court is satisfied that
(a) that the judgment-debtor, with the object or effect of obstructing or delaying
the execution of the decree, is likely to abscond or leave the local limits of the
jurisdiction of the Court,
(b) that the judgment-debtor has, or has had since the date of the decree, the means
to pay the amount of the decree or some substantial part thereof and refuses or
neglects or has refused or neglected to pay the same, or
(c) that the decree is for a sum for which the judgment-debtor was bound in a
fiduciary capacity to account.
(d) All the above

.correct answer : d

Q. No. 45
An executing Court granted Decree for interest which was not part of the
decree for execution on the ground of Delay. In such a case
(a) Decree is valid
175

(b) Decree is without Jurisdiction since the executing Court cannot travel beyond
Decree under execution
(c) Decree is partly valid
(d) None of the above

.correct answer : b

Q. No. 46
‘Where a judgment-debtor dies before the decree has been fully satisfied, the
holder of the decree may apply to the Court which passed it to execute the
same against the legal representative of the deceased.’ The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 47
Which of the following Section of CPC provides the execution of Decree
against legal representatives??
(a) 47
(b) 48
(c) 49
(d) 50

.correct answer : d

Q. No. 48
Which of the following Section of CPC deals with powers of Court to enforce
execution?
(a) 49
(b) 50
(c) 51
(d) 52

.correct answer : c
176

Q. No. 49
In execution of decree against legal representatives, the liability of the legal
representative under section 50 of CPC
(a) Extends to his personal property in cases where he has not inherited anything
(b) Is not limited to the extent of the property inherited but extends to his personal
property
(c) Is limited to the extent of the property of the deceased inherited by him
(d) Either (b) of (c)

.correct answer : c

Q. No. 50
Which of the following Section of CPC deals with the questions to be
determined by the Court executing decree?
(a) 45
(b) 46
(c) 47
(d) 44

.correct answer : c

Q. No. 51
‘Executing Court cannot grant interest if there is no mention in the decree;
The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 52
Which of the following propositions are correct?
(a) All questions arising between the parties to the suit in which the decree was
passed, or their representatives, and relating to the execution, discharge or
satisfaction of the decree, shall be determined by the Court executing the decree
177

and not by a separate suit.


(b) Where a question arises as to whether any person is or is not the representative
of a party, such question shall, for the purposes of this section, be determined by
the Court
(c) Both a and b are correct
(d) None of the above

.correct answer : c

Q. No. 53
‘A suit relating to an industrial dispute cannot be entertained by a Civil
Court’. The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 54
Assertion: Order passed by district court on transfer Petition is not revisable
U/S 115 CPC. Reason: It is an interlocutory order and hence revision is not
maintainable.
(a) Both (A) and (R) are true and (R) is the correct explanation of (A)
(b) Both (A) and (R) are true but (R) is not the correct explanation of (A)
(c) (A) is true but (R) is false
(d) (A) is false but (R) is true

.correct answer : a

Q. No. 55
A decree may be executed ____
(a) only by a court other than the court which passed it
(b) Only by the court which passed it
(c) Either by the court which passed it or by the court to which it is sent for
execution
(d) None of these
178

.correct answer : c

Q. No. 56
Assertion: Civil Court has no Jurisdiction to entertain an execution petition
for execution of order for payment of costs passed by High Court in a writ
petition unless high court specifically issues a direction thereof. Reason:
Order for payment of Costs in a writ petition is not a decree or an order.
Choose the correct answer using the code given below CODE :
(a) Both (A) and (R) are true and (R) is the correct explanation of (A)
(b) Both (A) and (R) are true but (R) is not the correct explanation of (A)
(c) (A) is true but (R) is false
(d) (A) is false but (R) is true

.correct answer : a

Q. No. 57
Can a court, to which a decree has been sent from another for execution, send
the same to another court for execution?
(a) yes
(b) no
(c) according to the discretion of the Court
(d) none of these

.correct answer : a

Q. No. 58
During the proceeding of execution of a decree, a question arises as to
whether any person is or not the representative of a party; such question shall
be determined by (CJS 2004)
(a) The Court which passed the decree
(b) The Court executing the decree
(c) The appellate Court
(d) A Separate Suit

.correct answer : b
179

Q. No. 59
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? (MP PCSJ 1998)
(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

.correct answer : a

Q. No. 60
Any court will order a party who resides without the local Imits of the court’s
ordinary original jurisdiction, to appear in person, if he resides (MP PCSJ
1998)
(a) Within India
(b) Within the local limits of that state in which the court is situated
(c) Within the local limits of that district in which the court is situated
(d) Within certain limits from the place where the court is situated

.correct answer : d

Q. No. 61
Under S.32(c ) CPC, The court may impose a fine for default upon a person
required to give evidence or to produce documents directed under section
30b. of CPC and such fine as per section 32(c) not exceeding (UJS 2006)
(a) Rs.100
(b) Rs.1000
(c) Rs.5000
(d) Rs.2000

.correct answer : c

Q. No. 62
The Court may compel the attendance of any person to whom a summons has
been issued under section 30 and for that purpose may
180

(a) Issue a warrant for his arrest;


(b) Attach and sell his property
(c) Order him to furnish security for his appearance and in default commit him to
the civil prison
(d) All the above

.correct answer : d

Q. No. 63
By which of the following Section of CPC a civil court can compel the
attendance of any person to whom a summons has been issued under section
30?
(a) 31
(b) 32
(c) 29
(d) 30

.correct answer : b

Q. No. 64
Which of the following Section of CPC deals with ‘Summons to the
defendants?’
(a) 27
(b) 28
(c) 29
(d) All the above

.correct answer : a

Q. No. 65
Where a suit has been duly instituted, a summons may be issued to the
defendant to appear and answer the claim and may be served in manner
prescribed on such day not beyond ……………… from date of the institution
of the suit.
(a) 30
(b) 60
(c) 90
181

(d) 120

.correct answer : a

Q. No. 66
Under section 26 of CPC, in every plaint, facts should be proved by
(a) Examination of Plaintiff
(b) Document
(c) Affidavit
(d) Oral evidence

.correct answer : c

Q. No. 67
Which of the following Section of CPC deals with ‘the power to issue
summonses to persons whose attendance is required either to give evidence or
to produce documents or such other objects?
(a) 27
(b) 28
(c) 29
(d) 30

.correct answer : d

Q. No. 68
By which of the following Section of CPC a civil court can issue summons to
witnesses?
(a) 31
(b) 32
(c) 29
(d) 30

.correct answer : a

Q. No. 69
Which of the following Section of CPC deals with procedure of Service of
182

summons where defendant resides in another State?


(a) 27
(b) 28
(c) 29
(d) 30

.correct answer : b

Q. No. 70
Which of the following Section of CPC deals with procedure of Service of
foreign summons?
(a) 27
(b) 28
(c) 29
(d) 30

.correct answer : c

Q. No. 71
Which of the following Section of CPC deals with ‘Power of Supreme Court
to transfer suits?’
(a) 24
(b) 25
(c) 26
(d) 27

.correct answer : b

Q. No. 72
Which of the following Section of CPC deals with ‘Institution of suits?’
(a) 24
(b) 25
(c) 26
(d) 27

.correct answer : c
183

Q. No. 73
Every suit shall be instituted by -
(a) The presentation of a plaint
(b) Examination of plaintiff
(c) Sworn statement of the plaintiff
(d) None of these

.correct answer : a

Q. No. 74
‘Every suit shall be instituted by the presentation of a plaint or in such other
manner as may be prescribed’. This is provided under Section…………….of
C.P.C
(a) 24
(b) 25
(c) 26
(d) 27

.correct answer : c

Q. No. 75
Where the several Courts having jurisdiction are subordinate to the same
Appellate Court, an application for transfer under section 22 shall be made to
(a) High court
(b) District court
(c) Appellate Court
(d) None of these

.correct answer : c

Q. No. 76
Where the several Courts having jurisdiction are subordinate to different
Appellate Courts but to the same High Court, an application for transfer
under section 22 shall be made to
(a) High court
(b) District court
184

(c) Appellate Court


(d) None of these

.correct answer : a

Q. No. 77
Where the several Courts having jurisdiction are subordinate to different
Appellate Courts and to deferent High Courts, an application for transfer
under section 22 shall be made to
(a) Any High court
(b) District court
(c) High Court within the local limits of whose jurisdiction the Court in which the
suit is brought is situate
(d) None of these

.correct answer : c

Q. No. 78
Which of the following Section of CPC deals with ‘General power of transfer
and withdrawal?’
(a) 24
(b) 25
(c) 26
(d) 27

.correct answer : a

Q. No. 79
In reference of District Court, which one the following statement is not
correct? (MPJS 2001)
(a) It can transfer any suit, appeal or other proceeding pending before it for trial
any Court subordinate to it and competent to try or dispose of the same
(b) It can withdraw any suit and appeal or other proceeding pending in any Court
Subordinate to it.
(c) It can try or dispose of the suit, appeal or other proceeding withdrawn from any
Court subordinate to it or it may transfer the same for trial or disposal to some
other Court subordinate to it and competent to try or dispose of the same
185

(d) It cannot retransfer any suit, appeal or other proceeding to the Court from
which it was withdrawn

.correct answer : d

Q. No. 80
In transfer of Matrimonial proceedings, initiated by husband against wife
(a) Convenience of husband must be looked in to
(b) Convenience of wife must be looked in to
(c) Convenience of witness must be looked in to
(d) All the above.

.correct answer : b

Q. No. 81
Which of the following Section of CPC deals with ‘Power to transfer suits
which may be instituted in more than one Court?’
(a) 20
(b) 21
(c) 22
(d) 23

.correct answer : c

Q. No. 82
The period of limitation within which defendant shall submit his written
statement is (UJS 2002)
(a) 30 days from service of summons
(b) 40 days from service of summons
(c) 60 days from service of summons
(d) 90 days from service of summons

.correct answer : a

Q. No. 83
A resides at Simla, B at Calcutta and C at Delhi A, B and C being together at
186

Benaras, B and C make a joint promissory note payable on demand, and


deliver it to A. A may sue B and C at………..if the non- resident defendant
objects.
(a) Banaras
(b) Calcutta
(c) Delhi
(d) Any of the above

.correct answer : a

Q. No. 84
An order granting or refusing to grant amendment of pleadings is
(a) Revisable
(b) Not revisable
(c) Either a. or b.
(d) None

.correct answer : b

Q. No. 85
Where the language of the summons sent for service in another State is
different from the language of the court sending the summons, ……………….
shall also be sent together with the record sent.
(a) a translation of the record, in Hindi, where the language of the Court issuing
the summons is Hindi
(b) in Hindi or English where the language of such record is other than Hindi or
English,
(c) Both are correct
(d) none of these

.correct answer : c

Q. No. 86
‘No suit shall lie challenging the validity of a decree passed in a former suit
between the same parties, or between the parties under whom they or any of
them claim, litigating under the same title, on any ground based on an
objection as to the place of suing.’ The statement is
187

(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 87
A is a tradesman in Calcutta, B carries on business in Delhi. B, by his agent in
Calcutta, buys goods of A and requests A to deliver them to the East Indian
Railway Company. A delivers the goods accordingly in Calcutt
(a) A may sue B for the price of the goods at a. Delhi
(b) Calcutta
(c) Either in Calcutta, where the cause of action has arisen or in Delhi, where B
carries on business
(d) At any court, at the option of the plaintiff

.correct answer : c

Q. No. 88
Under S. 21, objection as to the place of suiting can be taken
(a) Any time
(b) Can be taken at appellate or revisional stage for the first time
(c) before the court of first instance at the earliest possible opportunity
(d) All the above

.correct answer : c

Q. No. 89
Which of the following Section of CPC deals with ‘Bar on suit to set aside
decree on objection as to place of suing?’
(a) 20A
(b) 21A
(c) 22A
(d) 23A

.correct answer : b
188

Q. No. 90
Which of the following Section of CPC deals with ‘objections to jurisdiction?’
(a) 20
(b) 21
(c) 22
(d) 23

.correct answer : b

Q. No. 91
‘No objection as to the competence of a Court with reference to the pecuniary
limits of its jurisdiction shall be allowed by any Appellate or Revisional Court
unless such objection was taken in the Court of first instance at the earliest
possible opportunity, and in all cases where issues are settled, at or before
such settlement, and unless there has been a consequent failure of justice.’
The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 92
No objection as to the competence of the executing Court with reference to
the local limits of its jurisdiction shall be allowed by any Appellate or
Revisional Court unless such objection was taken in the executing Court at
the earliest possible opportunity, and unless there has been a consequent
failure of justice The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a
189

Q. No. 93
Which of the following Section provided the place suing with respect of other
suits to be instituted where defendants reside or cause of action arises?
(a) 20
(b) 17
(c) 16
(d) 19

.correct answer : a

Q. No. 94
Under S.20 CPC, where there are more than one defendant, a suit can be
instituted in a court within whose local jurisdiction
(a) Any of the defendants at the time of the commencement of the suit actually &
voluntarily resides or carries on business or personally works for gain and the
defendants not so residing etc acquiesce
(b) Each of the defendant at the time of commencement of the suit actually &
voluntarily resides or carries on business or personally works for gain
(c) Either a or b
(d) None of these.

.correct answer : c

Q. No. 95
A corporation shall be deemed to carry on business
(a) At its sole or principal office
(b) In respect of any cause of action arising at any place where it has also a
subordinate office, at such place
(c) Both a and b
(d) None of these

.correct answer : c

Q. No. 96
‘No objection as to the place of suing shall be allowed by any appellate or
Revisional Court unless such objection was taken in the Court of first
190

instance at the earliest possible opportunity and in all cases where issues or
settled at or before such settlement, and unless there has been a consequent
failure of justice’. The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 97
X residing in Delhi, publishes statements defamatory to Y in Calcutta, Y can
sue X at
(a) Delhi
(b) Calcutta
(c) Either in Delhi or in Calcutta
(d) At any court, at the option of the plaintiff

.correct answer : c

Q. No. 98
Which one of the following is not a suit relating to immovable property? (UJS
2002)
(a) Suit for recovery of immovable property
(b) Suit for partition of immovable property
(c) Suit for redemption of mortgaged property
(d) Suit for rent in respect of immovable property

.correct answer : d

Q. No. 99
Which one of the following combinations is not correctly matched? (UP PCS
2003) i. Res subjudice — Section 11 ii. Res judicata — Section 10 iii.
Judgement and decree — Section 33 iv. Summon to witness — Section 80
(a) 1, 2, 3
(b) 1, 2, 4
(c) 1, 3, 4
191

(d) 2, 3, 4

.correct answer : b

Q. No. 100
Under section 20(c) of CPC, suits can be instituted where the cause of action
arises
(a) Wholly
(b) Partly
(c) either wholly or in part
(d) none of these

.correct answer : c

Q. No. 101
In an interpleader suits, the plaintiff claims
(a) No interest therein other than for charges or costs
(b) Interest therein other than for charges or costs
(c) Interest in the subject matter of the suit
(d) none of these

.correct answer : a

Q. No. 102
Provision for inter-pleader suit is contained in which of the following sections
of C.P.C.? (UJS 2002)
(a) Section 87
(b) Section 88
(c) Section 89
(d) Section 90

.correct answer : b

Q. No. 103
Which one of the following sections has been newly added by Civil Procedure
Code (Amendment) Act, 1999? (UJS 2006)
(a) Section-87
192

(b) Section-88
(c) Section-89
(d) Section-90

.correct answer : c

Q. No. 104
Where any suit is pending in which the rights of all parties can properly be
decided,
(a) interpleader suit can be filed
(b) interpleader suit cannot be filed
(c) Both a and b
(d) None of these

.correct answer : b

Q. No. 105
Who among the following cannot be arrested under CPC.
(a) Any ruler of a foreign State;
(b) any Ambassador or Envoy of a foreign State;
(c) any High Commissioner of a Commonwealth country;
(d) All the above

.correct answer : d

Q. No. 106
A decree shall not be executed against the property of any foreign State
except with the consent of the
(a) President of that state
(b) Central government
(c) UNO
(d) Ambassador

.correct answer : b

Q. No. 107
193

Which of the following Section of CPC defines ‘foreign state and ruler?
(a) 87A
(b) 86A
(c) 85A
(d) 84A

.correct answer : a

Q. No. 108
Under S. 87 CPC, the Ruler of a foreign State may sue, and shall be sued,
(a) in his name
(b) in the name of his state
(c) in his designation
(d) None of these

.correct answer : b

Q. No. 109
Which of the following Section of CPC deals with the procedure of Suits
against foreign Rulers, Ambassadors and Envoys?
(a) 87
(b) 86
(c) 85
(d) 84

.correct answer : b

Q. No. 110
Foreign State cannot be sued in any Court otherwise competent to try the suit
except with consent of the
(a) President of that state
(b) Central government
(c) UNO
(d) Ambassador

.correct answer : b
194

Q. No. 111
Which of the following Section of CPC deals with the ‘persons specially
appointed by Government to prosecute or defend on behalf of foreign Rulers?
(a) 87
(b) 86
(c) 85
(d) 84

.correct answer : c

Q. No. 112
‘A foreign State may sue in any competent Court: Provided that the object of
the suit is to enforce a private right vested in the Ruler of such State or in any
officer of such State in his public capacity’. The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 113
Which of the following Section of CPC deals with the ‘when foreign State
may sue’?
(a) 81
(b) 82
(c) 83
(d) 84

.correct answer : d

Q. No. 114
Who amongst the following under section 83 of CPC cannot sue in any court
(a) Alien enemy residing in India with the permission of the Central Government
(b) alien enemies residing in India without such permission
(c) Alien friend
195

(d) none of these

.correct answer : b

Q. No. 115
Which of the following Section of CPC deals with the procedure of suing
aliens?
(a) 81
(b) 82
(c) 83
(d) 84

.correct answer : c

Q. No. 116
Where, in a suit by or against the Government or by or against a public
officer in respect of any act purporting to be done him in his official capacity,
a decree is passed against the Union of India or a State or, as the case may be,
the public officer, such decree shall not be executed unless it remains
unsatisfied for the period of…………..
(a) 3 months
(b) one month
(c) two months
(d) six months

.correct answer : a

Q. No. 117
In a suit instituted against a public officer in respect of any act purporting to
be done by him in his official capacity
(a) the defendant shall not be liable to arrest nor his property to attachment
otherwise than in execution of a decree
(b) where the Court is satisfied that the defendant cannot absent himself from his
duty without detriment to the public service, it shall exempt him from appearing in
person
(c) Both are correct
(d) None of these
196

.correct answer : c

Q. No. 118
Which of the following Section of CPC deals with exemption from arrest and
personal appearance for public servants?
(a) 81
(b) 82
(c) 83
(d) 84

.correct answer : a

Q. No. 119
In a suit against a Doctor working in government hospital, S.80 notice
(a) is necessary
(b) is not necessary
(c) Depends
(d) None of these

.correct answer : a

Q. No. 120
In a suit against suit against the State Government, S. 80 notices should be
issued to
(a) Secretary to Government or collector of the district
(b) President
(c) Attorney general
(d) None of these

.correct answer : a

Q. No. 121
No appeal shall lie from a decree passed by the Court with the consent of
parties. The statement is
(a) True
197

(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 122
An appeal may lie from an original decree passed ex parte. The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 123
No appeal shall lie, except on a question of law, from a decree in any suit of
the nature cognisable by Courts of Small Cause, when the amount or value of
the subject-matter of the original suit does not exceed ……………………….
(a) Rs. 10000/-
(b) Rs. 50000/-
(c) Rs. 1000/-
(d) Rs. 20000/-

.correct answer : a

Q. No. 124
No appeal shall lie, except on a question of law, from a decree in any suit of
the nature cognisable by Courts of Small Cause, when the amount or value of
the subject-matter of the original suit does not exceed Ten thousand rupees.
The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a
198

Q. No. 125
Applying the trust property in certain circumstances to some other charitable
purpose which resembles the original purpose as nearly as possible is known
as
(a) rule of subrogation
(b) rule of cypress
(c) rule of election
(d) none of these

.correct answer : b

Q. No. 126
Where any party aggrieved by a preliminary decree passed after the
commencement of CPC does not appeal from such decree,
(a) he shall be precluded from disputing its correctness in any appeal which may
be preferred from the final decree.
(b) he shall NOT be precluded from disputing its correctness in any appeal which
may be preferred from the final decree.
(c) Both a and b
(d) None of the above

.correct answer : a

Q. No. 127
The maximum amount of compensation which can be awarded under S.95 for
obtaining arrest, attachment or injunction on insufficient grounds
(a) 50,000
(b) 10,000
(c) 25,000
(d) 1,00,000

.correct answer : a

Q. No. 128
Who among the following is not entitled to exemption from personal
199

appearance in the Court? (MP PCSJ 1998)


(a) Former Indian Ruler
(b) Chairman of the State Legislative Councils
(c) The Ministers of States
(d) Collector

.correct answer : d

Q. No. 129
Which of the following Section of CPC deals with Appeal from original
decree?
(a) 96
(b) 97
(c) 98
(d) 99

.correct answer : a

Q. No. 130
When a charitable trust by its terms is impossible initially, or is
impracticable, or becomes so subsequently, the court applies
(a) the rule of subrogation
(b) the rule of res judicata
(c) the rule of cypress
(d) none of these

.correct answer : c

Q. No. 131
Suits relating to public charities can be initiated by
(a) Advocate-General,
(b) Two or more persons having an interest in the trust with leave of the Court.
(c) Either a or b
(d) None of these

.correct answer : c
200

Q. No. 132
In the case of a public nuisance or other wrongful act affecting, or likely to
affect, the public, a suit for a declaration and injunction or for such other
relief as may be appropriate in the circumstances of the case, may be
instituted
(a) by the Advocate General, or
(b) with the leave of the Court, by two or more persons, even though no special
damage has been caused to such persons by reason of such public nuisance or
other wrongful act
(c) Either a or b
(d) None of these

.correct answer : c

Q. No. 133
Which of the following Section of CPC deals with Public nuisances and other
wrongful acts affecting the public?
(a) 90
(b) 91
(c) 92
(d) 93

.correct answer : b

Q. No. 134
under Sec……….of CPC, Where any person agree in writing to state a case
for the opinion of the Court, then the Court shall try and determine the same
in the manner prescribed.
(a) 90
(b) 91
(c) 92
(d) 93

.correct answer : a

Q. No. 135
201

Which of the following Section of CPC deals with compensation for obtaining
arrest, attachment or injunction on insufficient grounds?
(a) 90
(b) 91
(c) 95
(d) 96

.correct answer : c

Q. No. 136
Under S. 94 CPC, In order to prevent the ends of justice from being, defeated
the Court may
(a) issue a warrant to arrest the defendant and bring him before the Court to show
cause why he should not give security for his appearance, and if he fails to comply
with any order for security commit him so the civil prison;
(b) direct the defendant to furnish security to produce any property belonging to
him and to place the same at the disposal of the Court or order the attachment of
any property;
(c) grant a temporary injunction and in case of disobedience commit the person
guilty thereof to the civil prison and order that his property be attached and sold;
(d) All the above

.correct answer : d

Q. No. 137
The powers conferred by sections 91 and 92 on the Advocate-General may,
outside the presidency-towns, be, with the previous sanction of the State
Government, exercised also by
(a) Government Pleader
(b) The Collector or by such officer as the State Government may appoint in this
behalf
(c) Either a or b
(d) None of these

.correct answer : b

Q. No. 138
202

‘S. 89 CPC cannot be resorted to refer a dispute to arbitration unless there is


mutual consent of all parties or an arbitration agreement.’ The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 139
Under S. 89 CPC, the court can refer the matter to
(a) Arbitration
(b) Conciliation
(c) Lok adalath
(d) Any of the above

.correct answer : d

Q. No. 140
Which of the following Section of CPC deals with settlement of disputes
outside the Court?
(a) 89
(b) 86
(c) 85
(d) 88

.correct answer : a

Q. No. 141
As suit for foreclosure, sale or redemption in the case of a mortgage of or
charge upon immovable property, shall be instituted in the Court within the
local limits of whose jurisdiction the
(a) Property is situate
(b) Plaintiff resided
(c) Defendant resided
(d) Any of the above
203

.correct answer : a

Q. No. 142
A suit for the partition of immovable property, shall be instituted in the
Court within the local limits of whose jurisdiction the
(a) Property is situate
(b) Plaintiff resided
(c) Defendant resided
(d) Any of the above

.correct answer : a

Q. No. 143
A suit for the recovery of movable property actually under distraint or
attachment, shall be instituted in the Court within the local limits of whose
jurisdiction the
(a) Property is situate
(b) Plaintiff resided
(c) Defendant resided
(d) Any of the above

.correct answer : a

Q. No. 144
A suit for the determination of any other right to or interest in immovable
property, shall be instituted in the Court within the local limits of whose
jurisdiction the
(a) Property is situate
(b) Plaintiff resided
(c) Defendant resided
(d) Any of the above

.correct answer : a

Q. No. 145
204

Which of the following Section provided the place suing with respect of suits
for immovable property situate within jurisdiction of different Courts?
(a) 15
(b) 17
(c) 16
(d) 18

.correct answer : b

Q. No. 146
Where a suit is to obtain relief respecting, or compensation for wrong to,
immovable property situate within the jurisdiction of different Court, the suit
may be instituted in any Court within the local limits of whose jurisdiction
(a) Any Portion of the property is situate
(b) Plaintiff resided
(c) Defendant resided
(d) Any of the above

.correct answer : a

Q. No. 147
Which of the following Section provided the place suing with respect of suits
for compensation for wrongs to person or movables?
(a) 15
(b) 17
(c) 16
(d) 19

.correct answer : d

Q. No. 148
Where the local limits of jurisdiction of courts are uncertain, the place of
institution of suit shall be decided according to the provision of (UJS 2002)
(a) Section 17 of C.P.C.
(b) Section 18 of C.P.C.
(c) Section 19 of C.P.C.
(d) Section 20 of C.P.C.
205

.correct answer : b

Q. No. 149
Mohan residing in Mumbai beats Sohan in Delhi. Sohan may sue Mohan
(MPJS 2006)
(a) Only in Mumbai
(b) Only in Delhi
(c) Either in Mumbai or in Delhi
(d) None of these

.correct answer : c

Q. No. 150
Under S. 19 CPC, suit for compensation for wrong done to the person or to
moveable property, where the wrong was done within the local jurisdiction of
one court and the defendant resides within the local limits of an other court
(a) Can be instituted in the court within whose local jurisdiction the defendant
resides
(b) Can be instituted in the court within whose local jurisdiction the wrong has
been committed
(c) Either a. or b. at the option of the plaintiff
(d) Anywhere in India

.correct answer : c

Q. No. 151
A person against whom summons has been issued may be compelled under
Sec. 32 of C.P.C. to attend by- i. Issue of a warrant ii. Attachment and sale of
his property iii. Imposing a fine iv. Ordering him to furnish security for his
appearance Select the correct answer with the help of the code given below
(UJS 2002)
(a) 1 and 4
(b) 3 and 4
(c) 1, 2, 3 and 4
(d) 2 and 4

.correct answer : c
206

Q. No. 152
Which of the following properties of a Judgment debtor are liable to be
attached?
(a) Hundis
(b) Shares in corporation
(c) All saleable properties belonging to JD
(d) All the above.

.correct answer : d

Q. No. 153
Which of the following Section of CPC deals with properties liable to
attachment and sale in execution of decree?
(a) 60
(b) 61
(c) 59
(d) 58

.correct answer : a

Q. No. 154
A judgment-debtor released under Section 59
(a) Cannot be re-arrested
(b) May be re-arrested, but the period of his detention in the civil prison shall not
in the aggregate exceed that prescribed by section 58.
(c) Both a and b
(d) None of the above

.correct answer : b

Q. No. 155
A judgment-debtor is arrested in execution of a decree for the payment of
money and the Judgment-debtor pays the amount of the decree and the costs
of the arrest to the officer arresting him, such officer (MP PCSJ 1998)
(a) Shall send the judgment-debtor to civil prison
(b) Shall take judgment-debtor to the court
207

(c) Shall at once release him


(d) Shall release him after taking security from him

.correct answer : c

Q. No. 156
In execution of a decree for the maintenance salary of a person can be
attached to the extend of
(a) One half
(b) Two third
(c) One third
(d) One fourth

.correct answer : c

Q. No. 157
Where a judgment-debtor has been committed to the civil prison, he may be
released there from, on the ground of illness by
(a) by the State Government, on the ground of the existence of any infectious or
contagious disease
(b) by the committing Court, or any Court to which that Court is subordinate, on
the ground of his suffering from any serious illness.
(c) Both a and b
(d) None of the above

.correct answer : c

Q. No. 158
Which of the following Section of CPC provided the release of the judgment
Debtor on the ground of illness?
(a) 55
(b) 56
(c) 59
(d) 58

.correct answer : c
208

Q. No. 159
Arrest and detention of a person in civil imprisonment in execution of the
decree
(a) Absolves him from the liability altogether and cannot be re arrested
(b) Does not absolve him and the person can be re arrested
(c) Does not absolve him but the person cannot be re arrested
(d) Absolves him from liability under the decree but can be re arrested

.correct answer : c

Q. No. 160
Which of the following properties of a Judgment debtor are liable to be
attached?
(a) Government securities
(b) Land
(c) House
(d) All the above

.correct answer : d

Q. No. 161
Section 56 of CPC prohibits arrest & detention in execution of a decree can
be
(a) A woman
(b) A minor girl
(c) A minor boy
(d) All the above

.correct answer : a

Q. No. 162
Which of the following Section of CPC prohibits arrest or detention of women
in execution of decree for money?
(a) 55
(b) 56
(c) 57
209

(d) 58

.correct answer : b

Q. No. 163
Imprisonment in execution of a decree can be
(a) Rigorous Imprisonment
(b) Simple imprisonment
(c) Civil imprisonment
(d) Either (a) or (b) or (c) as per the discretion of the court

.correct answer : c

Q. No. 164
A person detained in the civil prison in execution of a decree shall be released
(a) on the amount mentioned in the warrant for his detention being paid to the
officer in charge of the civil prison
(b) on the decree against him being otherwise fully satisfied
(c) on the request of the person on whose application he has been so detained
(d) Any of the above situations

.correct answer : d

Q. No. 165
Maximum period of detention in civil imprisonment where the decree is for
more than Rs.2, 000 but less than Rs.5,000 is
(a) Six months
(b) Three months
(c) Two months
(d) Six weeks

.correct answer : d

Q. No. 166
Maximum period of detention where the decree is for more than Rs.5, 000 is
(a) Six months
210

(b) Three months


(c) Two months
(d) Six weeks

.correct answer : b

Q. No. 167
No arrest & detention in civil imprisonment can be made if the decree is for
payment of
(a) Not exceeding Rs.2000
(b) Not exceeding Rs.1500
(c) Not exceeding Rs.1000
(d) Not exceeding Rs.500

.correct answer : a

Q. No. 168
Which of the following Section of CPC deals with arrest and detention in
execution of decree?
(a) 55
(b) 56
(c) 57
(d) 58

.correct answer : a

Q. No. 169
Where the decree in execution of which a judgment-debtor is arrested, is a
decree for the payment of money and the judgment-debtor pays the amount
of the decree and the costs of the arrest to the officer arresting him, such
officer shall at once release him. The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a
211

Q. No. 170
For the purpose of making an arrest under S.55, no dwelling-house shall be
entered after sunset and before sunrise. The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 171
Which of the following Section of CPC deals with seizure of property in
dwelling house in execution of decree?
(a) 62
(b) 61
(c) 63
(d) 64

.correct answer : a

Q. No. 172
Under S. 62 CPC, no person executing any process under this Code directing
or authorizing seizure of movable property shall enter any dwelling-house
(a) After sunset and before sunrise.
(b) During night
(c) Shall enter any time
(d) None of these

.correct answer : a

Q. No. 173
Which of the following properties cannot be attached in execution of a
decree?
(a) wages of labours
(b) right to future maintenance
212

(c) life insurance


(d) All the above

.correct answer : d

Q. No. 174
Who among the following can exempt the agricultural produce from liability
to attachment or sale in execution of a decree?
(a) State Government
(b) Central government
(c) High Court
(d) All the above

.correct answer : a

Q. No. 175
Which of the following properties cannot be attached in execution of a
decree?
(a) tools of artisans
(b) personal ornaments
(c) book of accounts
(d) All the above

.correct answer : d

Q. No. 176
Which of the following properties cannot be attached in execution of a
decree?
(a) right to personal service
(b) Stipends and gratuity
(c) right to sue for damages
(d) All the above

.correct answer : d

Q. No. 177
213

Where an attachment has been made, any private transfer or delivery of the
property attached or of any interest therein and any payment to the
judgment-debtor of any debt, dividend or other monies contrary to such
attachment, shall be
(a) Valid
(b) Void
(c) Voidable
(d) None of the above

.correct answer : b

Q. No. 178
Whether S. 64(1) is applicable to any private transfer or delivery of the
property attached or of any interest therein, made in pursuance of any
contract for such transfer or delivery entered into and registered before the
attachment?
(a) Yes
(b) No
(c) Depends
(d) None of the above

.correct answer : b

Q. No. 179
Which of the following Section of CPC deals with the procedure where
Property attached in execution of decrees of several Courts?
(a) 62
(b) 61
(c) 63
(d) 64

.correct answer : c

Q. No. 180
Which of the following Section of CPC deals with private alienation of
property after attachment?
(a) 62
214

(b) 61
(c) 63
(d) 64

.correct answer : d

Q. No. 181
Properties of a Judgment debtor which are not liable to be attached have
been provided under Section……………of CPC
(a) Section 66 of CPC
(b) Section 64 of CPC
(c) Section 62 of CPC
(d) Section 60 of CPC

.correct answer : d

Q. No. 182
Which of the following properties cannot be attached in execution of a
decree?
(a) Cheque
(b) House or other building
(c) Promissory notes
(d) Penricus

.correct answer : d

Q. No. 183
In a case of one and the same decree the attachment of salary can continue
for a total period of……months
(a) 30
(b) 45
(c) 24
(d) 12.

.correct answer : c
215

Q. No. 184
Which of the following combinations correctly matched? (UP PCS 2003) i.
Equity of Judgment — 49 CPC ii. Privileged Documents — 29 CPC iii. Legal
representative — 50 CPC iv. Pauper suit — 33 CPC
(a) 1, 2 and 3
(b) 1, 2 and 4
(c) 2, 3 and 4
(d) 1, 3 and 4

.correct answer : d

Q. No. 185
In execution of a decree other than a decree of maintenance, salary of a
person can be attached to the extent of
(a) Rs.1000 plus two third of the reminder
(b) Rs.1000 plus one third of the remainder
(c) Rs.500 plus one half of the remainder
(d) Rs.400 plus two third of the remainder

.correct answer : a

Q. No. 186
Which of the following properties cannot be attached in execution of a
decree?
(a) Wearing Apparel
(b) Cooking vessels
(c) Bed
(d) All the above

.correct answer : d

Q. No. 187
Where the decree is for the payment of sum of money exceeding one thousand
rupees the period of civil prison? (MP PCSJ 1998)
(a) Shall not exceed three months
(b) Shall not exceed six months
216

(c) Shall not exceed nine months


(d) Shall not exceed one year

.correct answer : a

Q. No. 188
In cases of two or more decrees the attachment of salary shall commence
after
(a) Twelve months of the completion of 24 months of attachment under the earlier
decree
(b) Nine months of completion of 24 months of attachment under the earlier
decree
(c) Six months of the completion of 24 months of attachment under the earlier
decree
(d) Three months of the completion of 24 months of attachment under the earlier
decree

.correct answer : a

Q. No. 189
Subsistence allowance in respect of the person detained in civil imprisonment
has to be paid by the
(a) Decree holder
(b) Central Government
(c) State Government
(d) Legal service Authority

.correct answer : a

Q. No. 190
Which of the following properties of a Judgment debtor are liable to be
attached?
(a) Bonds
(b) Securities
(c) Bank Note
(d) All the above
217

.correct answer : d

Q. No. 191
A Letter of request in lieu of issuing a commission to examine a witness under
section 77 of CPC can be issued in respect of a person
(a) Residing at any place not within India
(b) Residing at any place within India
(c) Residing at any place outside the state
(d) Any of these.

.correct answer : a

Q. No. 192
Which of the following Section of CPC deals with commissions issued by
foreign Courts?
(a) 76
(b) 77
(c) 78
(d) 73

.correct answer : c

Q. No. 193
Under which of the following Section of CPC, in lieu of issuing a commission
the Court may issue a letter of request to examine a witness residing at any
place not within India?
(a) 76
(b) 75
(c) 77
(d) 73

.correct answer : c

Q. No. 194
A letter of request under section 77 of CPC to examine a witness can be
218

issued by the court


(a) In addition to issuing a commission
(b) In lieu of issuing a commission
(c) Before issuing a Commission
(d) After issuing a commission

.correct answer : b

Q. No. 195
A suit without service of notice u/s.80 CPC can be instituted
(a) In cases where urgent or immediate relief is sought without the leave of the
court
(b) In cases where urgent or immediate relief is sought with the leave of the court
(c) Generally with the leave of the court
(d) Only (a) & (c)

.correct answer : b

Q. No. 196
A civil court cannot issue commission in which of the following case (UP PCS
2003)
(a) For examining a person
(b) For examining accounts
(c) To execute partition
(d) To execute a decree

.correct answer : d

Q. No. 197
Which of the following Sections of CPC deals with suits by or against
Government?
(a) 79
(b) 77
(c) 78
(d) 73

.correct answer : a
219

Q. No. 198
Under Section 80 of Civil Procedure Code, …………….notice in writing is
required to be delivered before institution of a suit against the Government.
(MP PCSJ 1998)
(a) Ninety days
(b) Sixty days
(c) Three months
(d) Two months

.correct answer : d

Q. No. 199
In a suit, which relates to a railway, the authority to be named as plaintiff or
defendant shall be (CJS 2004)
(a) The General Manager of the railway
(b) A Secretary to the Central Government
(c) The Collector of the District
(d) The Station Master of the Railway

.correct answer : a

Q. No. 200
In a suit against suit against the Central Government, S. 80 notice should be
issued to
(a) Secretary to Government
(b) President
(c) Attorney general
(d) None of these

.correct answer : a

Q. No. 201
Sale of attached property before dismissal of Execution Application is
(a) Valid
(b) Void
220

(c) Voidable
(d) None of the above

.correct answer : b

Q. No. 202
Where immovable property is sold in execution of a decree and such sale has
become absolute, the property shall be deemed to have vested in the
purchaser from the time
(a) when the property is sold
(b) when the sale becomes absolute
(c) Both a and b
(d) None of the above

.correct answer : a

Q. No. 203
Under S……………of CPC, Where immovable property is sold in execution
of a decree and such sale has become absolute, the property shall be deemed
to have vested in the purchaser from the time when the property is sold and
not from the time when the sale becomes absolute
(a) 67
(b) 66
(c) 65
(d) 64

.correct answer : c

Q. No. 204
Which of the following sections of CPC is repealed by Benami Transactions
(Prohibition) Act, 1988?
(a) 67
(b) 66
(c) 65
(d) 64

.correct answer : b
221

Q. No. 205
Which of the following Section of CPC mandates that proceeds of execution-
sale to be rateably distributed among decree-holders?
(a) 76
(b) 75
(c) 74
(d) 73

.correct answer : d

Q. No. 206
Where any immovable property is sold in execution of a decree ordering its
sale for the discharge of an incumbrance thereon, the proceeds of sale shall be
applied
(a) in defraying the expenses of the sale
(b) in discharging the amount due under the decree
(c) in discharging the interest and principal moneys due on subsequent
incumbrances if any
(d) rateably among the holders of decrees for the payment of money against the
judgment debtor, who have, prior to the sale of the property, applied to the Court
which passed the decree ordering such sale for execution of such decrees, and
have not obtained satisfaction thereof.
(e) All of the above are correct

.correct answer : e

Q. No. 207
Maximum period of detention that can be awarded to a person who resist the
execution under S. 74 CPC is
(a) 30 days
(b) 60 days
(c) 90 days
(d) 120 days

.correct answer : a
222

Q. No. 208
Which of the following Section of CPC deals with power of court to issue
commissions?
(a) 76
(b) 75
(c) 74
(d) 73

.correct answer : c

Q. No. 209
For which of the following, a court may issue a commission
(a) to examine any person;
(b) to make a local investigation;
(c) to examine or adjust accounts
(d) All the above

.correct answer : d

Q. No. 210
For which of the following, a court may issue a commission
(a) to make a partition
(b) to hold a scientific, technical, or expert investigation;
(c) to conduct sale of property which is subject to speedy and natural decay and
which is in the custody of the Court pending the determination of the suit
(d) Any of the above

.correct answer : d

Q. No. 211
Provisions regarding Res- subjudice are
(a) Discretionary
(b) Non mandatory
(c) Mandatory
(d) Directory
223

.correct answer : c

Q. No. 212
The maxim ‘Nemo debet bis vexari pro uno dteadem causa’ is the basic
principle behind the rule of
(a) Res judicata
(b) Res subjudice
(c) Jurisdiction
(d) None of the above

.correct answer : a

Q. No. 213
‘The pendency of a suit in a foreign Court does not preclude the Courts in
India from trying a suit founded on the same cause of action’. The statement
is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 214
If there are two suits between the same parties- involving same subject matter
and same questions- then the subsequent suit should be
(a) Dismissed
(b) Rejected
(c) Stayed
(d) None of the above

.correct answer : c

Q. No. 215
Which of the following is correct?
224

(a) Res judicata and rule of estoppel are the same


(b) res-judicata creates a deferent kind of estoppel viz. estoppel by accord
(c) Both a and b
(d) None of the above

.correct answer : b

Q. No. 216
‘Where a plaintiff is precluded by rules from instituting a further suit in
respect of any particular cause of action, he shall not be entitled to institute a
suit in respect of such cause of action in any Court to which this Code
applies’. This bar to further suit contain in Section…………..of C.P.C?
(a) 9
(b) 10
(c) 12
(d) 13

.correct answer : c

Q. No. 217
What is the distinction between S. 10 and S. 11 of C.P.C?
(a) S. 10 is applicable to Decree only
(b) S.10 is applicable to suit under consideration and S.11 is applicable to suits
already decided.
(c) Both a and b
(d) None of the above

.correct answer : b

Q. No. 218
Principles of res judicata applies
(a) To suits as well as execution proceedings
(b) To arbitration proceedings
(c) To execution proceedings
(d) None of these.

.correct answer : a
225

Q. No. 219
Principle of res-judicata is embodied in Section……………of CPC
(a) 9
(b) 10
(c) 11
(d) 12

.correct answer : c

Q. No. 220
Which one of the following cases is related to the principle of Resjudicata ?
(UP PCS 2003)
(a) Satyacharan V/s Devrajan
(b) M.S. Cooperative Marketing Federation Ltd. V/s Indian Bank Bombay
(c) P.C. Jairath V/s Amrit Jairath
(d) All the above

.correct answer : a

Q. No. 221
Principle of res-subjudice is embodied in Section……………of CPC
(a) 9
(b) 10
(c) 11
(d) 12

.correct answer : b

Q. No. 222
Under S.14 CPC, the Court …………. presume upon the production of any
document purporting to be a certified copy of a foreign judgment that such
judgment was pronounced by a Court of competent jurisdiction, unless the
contrary appears on the record; but such presumption may be displaced by
proving want of jurisdiction.
(a) shall
226

(b) may
(c) may not
(d) None of the above

.correct answer : a

Q. No. 223
Validity of a foreign judgment can be challenged under section 13 of CPC
(a) Neither in civil nor in criminal court
(b) In both civil and criminal court
(c) In a criminal court only
(d) In a civil court only

.correct answer : b

Q. No. 224
Under section 13 of CPC a foreign judgment can be challenged on the
grounds of
(a) Want of Jurisdiction of Court
(b) Not given on merits
(c) Founded on incorrect view of international law
(d) All the above

.correct answer : d

Q. No. 225
A foreign judgment is not conclusive under the ……grounds provided in S.13
CPC.
(a) 2
(b) 3
(c) 6
(d) 8.

.correct answer : c

Q. No. 226
227

‘Every suit shall be instituted in the Court of the lowest grade competent to
try it.’ This mandate contains in Section…………..of CPC.
(a) 15
(b) 10
(c) 16
(d) 12

.correct answer : a

Q. No. 227
Which of the following Section provided the place suing with respect of suits
relating to immovable property?
(a) 15
(b) 17
(c) 16
(d) 18

.correct answer : c

Q. No. 228
A suit for the recovery of immovable property with or without rent or profits,
shall be instituted in the Court within the local limits of whose jurisdiction the
(a) Property is situate
(b) Plaintiff resided
(c) Defendant resided
(d) Any of the above

.correct answer : a

Q. No. 229
In a suit where doctrine of res judicata is applicable, the suit is liable to be
(a) Dismissed
(b) Rejected
(c) Stayed
(d) None of the above

.correct answer : a
228

Q. No. 230
A decision or finding given by a court or a tribunal without jurisdiction. (DJS
2006)
(a) Can operate as res judicata under certain circumstances only
(b) Cannot operate as res judicata
(c) Can operate as res judicata under all circumstances
(d) none of the above

.correct answer : b

Q. No. 231
‘Presumption as to foreign Judgment’ is contained in section……………of
C.P.C.
(a) 14
(b) 10
(c) 16
(d) 12

.correct answer : a

Q. No. 232
Under S. 9 of CPC, Jurisdiction of a civil court can be barred
(a) Impliedly only
(b) Expressly only
(c) Either a. or b.
(d) Neither a. nor b.

.correct answer : c

Q. No. 233
Dhulabai Vs State of Mahrastra is a leading case on
(a) Res -subjudice
(b) Res-judicata
(c) Exclusion of Jurisdiction of Civil case
(d) Non eof these
229

.correct answer : c

Q. No. 234
All civil courts have jurisdiction to try (UP PCS 2003)
(a) All suits of a civil nature
(b) All suits of civil nature except suits of which their cognizance is expressly not
barred
(c) All suits of civil nature except suits of which their cognizance is impliedly not
barred
(d) All suits of civil nature except suits the cognizance of which is expressly or
impliedly barred

.correct answer : d

Q. No. 235
As per the explanation to S. 9 CPC, which of the following is a right of civil
nature?
(a) Right to property
(b) Right to an office
(c) both a and b
(d) None of the above

.correct answer : d

Q. No. 236
The jurisdiction of Indian Courts is based on
(a) Subject matter jurisdiction
(b) Territorial jurisdiction
(c) Pecuniary jurisdiction
(d) All the above

.correct answer : d

Q. No. 237
Courts have jurisdiction to try all suits of a civil nature excepting suits, the
230

cognizance of which is either expressly or impliedly barred under section


………of CPC.
(a) 11
(b) 10
(c) 9
(d) 6.

.correct answer : c

Q. No. 238
Under S. 5(2), a Court having jurisdiction under any local law to entertain
suits or other proceedings relating to the rent, revenue or profits of land used
for agricultural purposes, but does not include a Civil Court having original
jurisdiction under this Code to try such suits or proceedings as being suits or
proceedings of a civil nature, is called
(a) Munsiff Court
(b) Small Cause Court
(c) Revenue Court
(d) None of these .

.correct answer : c

Q. No. 239
Pecuniary jurisdiction of the court is contained in Section ………….. of CPC
(a) 6
(b) 7
(c) 8
(d) 9.

.correct answer : a

Q. No. 240
Under section 3 of CPC, Court of small causes is subordinate to
(a) High Court and District Court
(b) Principal Civil Court
(c) District court
(d) None of these .
231

.correct answer : a

Q. No. 241
Who amongst the following is not a public officer within the meaning of
section 2(17) of CPC
(a) Member of all India services
(b) A person in service under the pay of Government
(c) A judge
(d) All the above

.correct answer : d

Q. No. 242
‘Public Officer’ is defined in………………..of Code of civil Procedure 1908.
(a) 2(16)
(b) 2(14)
(c) 2(17)
(d) 2(19)

.correct answer : c

Q. No. 243
Which of the following does not operate as res judicata
(a) A decree passed on compromise (1998 (2) KLT 188)
(b) When the plaint is returned (AIR 1979 SC 1411)
(c) Decision beyond jurisdiction of court (AIR 1977 SC 1268)
(d) None of these

.correct answer : d

Q. No. 244
Any subsequent event after filing a suit or a decree will
(a) Affect the rights of plaintiff
(b) Will not affect the right of plaintiff
(c) Both a. and b.
232

(d) None

.correct answer : b

Q. No. 245
Plaint returned for presentation to proper court on ground of want of
jurisdiction. On re-presentation
(a) It will be treated as continuation of proceedings
(b) It will not be treated as continuation of proceedings
(c) Either a. or b.
(d) None

.correct answer : c

Q. No. 246
A decree or order made in exercise of original jurisdiction by a subordinate
court and such appeals filed after 01.07.2002 are not maintainable
(a) Sasikumar Vs. Chellappan Nair
(b) Skaria Vs. State of Kerala
(c) John George Vs. Stewards Association
(d) Aboose Vs. Ashraf

.correct answer : c

Q. No. 247
Which of the following is not a case on res judicata? (UJS 2006)
(a) Duche’s of Kingston case
(b) Chhajju Ram Vs. Neki
(c) Munni Bibi Vs. Trilok Nath
(d) Byram Pestonji Kariwala Vs. Union of India

.correct answer : b

Q. No. 248
The doctrine of res-judicata is not applicable (UJS 2006)
(a) Habeas Corpus
233

(b) Certiorari
(c) Mandamus
(d) Quo-warranto

.correct answer : a

Q. No. 249
Principals of res judicata can be invoked
(a) Only in separate proceedings
(b) Also in subsequent stage of the same proceedings
(c) Both a. and b.
(d) None

.correct answer : b

Q. No. 250
No res judicata in
(a) Election proceedings (AIR 1962 SC 338)
(b) In case of question of law (AIR 1991 SC 993)
(c) Arbitration proceedings (1989 (1) KLJ 688)
(d) All the above

.correct answer : b

Q. No. 251
Whether an issue heard finally decided by a competent court of limited
jurisdiction, shall operate as res-judicata in a subsequent suit that the
aforesaid court was not competent to try ? (CJS 2004)
(a) No
(b) Yes
(c) Answer would depend upon the nature of the issue
(d) None of the above

.correct answer : b

Q. No. 252
The rule of constructive res judicata is— (UJS 2002)
234

(a) A product of judicial interpretation


(b) A rule of equity
(c) Contained expressly in the C.P.C.
(d) A part of Supreme Court rules

.correct answer : c

Q. No. 253
Principle of Resjudicata applies (MPJS 2006)
(a) To suits only
(b) To execution proceedings only
(c) To arbitration proceedings only
(d) To suits as well as execution proceedings

.correct answer : d

Q. No. 254
In which of the following cases the Supreme Court has held that the
amendments made by the High Courts in the First Schedule also from part of
the Code as if enacted in the Code
(a) State of U.P. Vs. Chandra Bishan
(b) Divakaran Vs. Jayan
(c) Dhalabhai Vs. State of Madhya Pradesh
(d) Francis Vs. Central Bank

.correct answer : a

Q. No. 255
Local limits of the jurisdiction of a principal civil court of Original
Jurisdiction is called
(a) Munsiff
(b) Mohsil
(c) District
(d) None of these

.correct answer : c
235

Q. No. 256
‘Judge’ is defined as the presiding officer of a civil Court in………………..of
Code of civil Procedure 1908.
(a) 2(8)
(b) 2(4)
(c) 2(5)
(d) 2(2)

.correct answer : a

Q. No. 257
Government Pleader is defined in………………..of Code of civil Procedure
1908.
(a) 2(7)
(b) 2(4)
(c) 2(5)
(d) 2(2)

.correct answer : a

Q. No. 258
Foreign Court is defined in………………..of Code of civil Procedure 1908.
(a) 2(5)
(b) 2(4)
(c) 2(5)
(d) 2(2)

.correct answer : a

Q. No. 259
Foreign Judgment is defined in………………..of Code of civil Procedure
1908.
(a) 2(6)
(b) 2(4)
(c) 2(5)
(d) 2(2)
236

.correct answer : a

Q. No. 260
The decree holder
(a) Must be the plaintiff
(b) Need not be the plaintiff
(c) Both a. and b.
(d) None

.correct answer : b

Q. No. 261
The essence of a claim for mesne profit
(a) Possession
(b) Wrongful possession of the defendant
(c) Enjoyment of property
(d) None

.correct answer : b

Q. No. 262
Order rejecting the plaint for non payment of a Court fee is ____
(a) Decree
(b) Preliminary decree
(c) Not a decree
(d) None

.correct answer : a

Q. No. 263
If a plaint is rejected for non payment of court fee, the remedy is
(a) CRP
(b) Appeal
(c) Writ
(d) None
237

.correct answer : b

Q. No. 264
Award passed by MACT is
(a) Decree
(b) Order
(c) Judgment
(d) None

.correct answer : d

Q. No. 265
‘Any person against whom a decree has been passed or an order capable of
execution has been made’ is called
(a) Plaintiff
(b) Decree Holder
(c) Judgment Debtor
(d) None of the above

.correct answer : c

Q. No. 266
‘A person who in law represents the estate of a deceased person, and includes
any person who intermeddles with the estate of the deceased and where a
party sues or is sued in a representative character the person on whom the
estate devolves on the death of the party so suing or sued’ is called
(a) Legal Heir
(b) Next friend
(c) legal representative
(d) None of the above

.correct answer : c

Q. No. 267
‘Legal Representative is defined in………………..of Code of civil Procedure
238

1908.
(a) 2(11)
(b) 2(4)
(c) 2(5)
(d) 2(2)

.correct answer : a

Q. No. 268
‘Those profits which the person in wrongful possession of such property
actually received or might with ordinary diligence have received therefrom,
together with interest on such profits, but shall not include profits due to
improvements made but the person in wrongful possession’
(a) Mesne profit
(b) Interest
(c) Principal sum
(d) None of the above

.correct answer : a

Q. No. 269
In which of the following provisions ‘mesne profit’ has been defined in the
C.P.C. ? (UJS 2002)
(a) Section 2(4)
(b) Section 2(8)
(c) Section 2(12)
(d) Section 2(14)

.correct answer : c

Q. No. 270
The formal expression of any decision of a Civil Court which is not a decree;
is called
(a) Judgment
(b) Injunction
(c) Order
(d) None of the above
239

.correct answer : c

Q. No. 271
‘Order’ is defined in………………..of Code of civil Procedure 1908.
(a) 2(11)
(b) 2(14)
(c) 2(15)
(d) 2(12)

.correct answer : b

Q. No. 272
Under S. 7A of CPC , High Court in relation to Andaman Nicobar Islands
means
(a) Calcutta HC
(b) Mumbai HC
(c) Allahabad HC
(d) Delhi HC

.correct answer : a

Q. No. 273
‘Judgment’ is defined in………………..of Code of civil Procedure 1908.
(a) 2(6)
(b) 2(4)
(c) 2(5)
(d) 2(9)

.correct answer : d

Q. No. 274
Statement given by the judge on the grounds of a decree or order is called
(a) Final order
(b) Final Decree
(c) Judgment
240

(d) None of the above

.correct answer : c

Q. No. 275
‘Judgment Debtor’ is defined in………………..of Code of civil Procedure
1908.
(a) 2(6)
(b) 2(4)
(c) 2(10)
(d) 2(2)

.correct answer : c

Q. No. 276
An order that a suit abates is a
(a) Judgment
(b) Plaint
(c) Decree
(d) None of these

.correct answer : c

Q. No. 277
A decree becomes final
(a) When no appeal has been preferred against the decree
(b) When it conclusively determines the rights of the parties
(c) Neither (a) nor (b)
(d) Both (a) & (b)

.correct answer : d

Q. No. 278
Decree Holder is defined in S…………..of C.P.C
(a) 2(3)
(b) 2(4)
241

(c) 2(5)
(d) 2(2)

.correct answer : a

Q. No. 279
Decree can be— (MPJS 2006)
(a) Preliminary
(b) Final
(c) First preliminary then final
(d) Either preliminary or final

.correct answer : d

Q. No. 280
An ex parte decree can be set aside on the ground that (MPJS 2006)
(a) Summons were not duly served
(b) Non-appearance of defendant as copies of documents filed with plaint were not
provided to defendant
(c) Defendant refused to receive the summons and thereafter no fresh summons
were issued to him
(d) An ex parte decree cannot be set aside under any circumstance

.correct answer : a

Q. No. 281
Which of the following is not a decree
(a) Rejection of a plaint
(b) Dismissal in default
(c) Both (a) & (b)
(d) Neither (a) nor (b)

.correct answer : b

Q. No. 282
Rejection of an application for condonation of delay and consequent dismissal
242

of appeal as time barred is


(a) A decree
(b) Preliminary decree
(c) Not a decree
(d) None

.correct answer : c

Q. No. 283
If an appeal against a preliminary decree succeeds, the final decree
(a) Can be passed
(b) Can or cannot be passed
(c) Automatically fails
(d) None

.correct answer : c

Q. No. 284
A decree, when further proceedings have to be taken before the suit can be
completely disposed of, is a
(a) Final decree
(b) Preliminary decree
(c) Preliminary decree and partly final decree
(d) None of these

.correct answer : b

Q. No. 285
A decree does not include
(a) Any order of dismissal for default
(b) Any adjudication from which an appeal lies as an appeal from an order
(c) Either a. or b.
(d) Both a. and b.

.correct answer : d
243

Q. No. 286
A decree, when an adjudication completely disposes of the suit, is a
(a) Preliminary decree
(b) Final decree
(c) Partly preliminary and partly final
(d) None of these

.correct answer : b

Q. No. 287
Order rejecting the plaint for non payment of the court fees is
(a) Judgment
(b) Not decree
(c) Decree
(d) None of these

.correct answer : c

Q. No. 288
One of the following is a decree
(a) An order dismissing a suit for default of appearance
(b) An order rejecting an application for leave to sue informa pauperis
(c) An order returning the plaint for presentation to the proper court
(d) None of these

.correct answer : c

Q. No. 289
One of the following is a decree
(a) Any order of dismissal for default
(b) Any adjudication from which an appeal is lies as appeal from an order
(c) Rejection of a plaint
(d) None of these

.correct answer : c
244

Q. No. 290
‘Decree holder’ means
(a) Any person against whom a decree has been passed
(b) Any person in whose favour a decree has been passed or an order capable of
execution has been made
(c) Either a. or b.
(d) Neither a. nor b.

.correct answer : b

Q. No. 291
The first uniform Code of civil Procedure was enacted in the year
(a) 1908
(b) 1859
(c) 1882
(d) 18872

.correct answer : b

Q. No. 292
Decree shall be deemed to include the rejection of a plaint and the
determination of any question within Section 144 of C.P.C.- (CJS 2004)
(a) Wrong
(b) Right
(c) It includes rejection of plaint 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

.correct answer : b

Q. No. 293
The Code of Civil Procedure (Amendment) Act, 2002 came into force on (UJS
2002, UJS 2006)
(a) 1st April, 2002
(b) 1st June, 2002
245

(c) 6th June, 2002


(d) 1st July, 2002

.correct answer : d

Q. No. 294
The Code of Civil Procedure (Amendment) Act, 1999 as well as the
Amendment Act, 2002 were held constitutionally valid in
(a) T.K. Rangarajan Vs. Govt. of Tamil Nadu
(b) Selam Bar Association Vs. Union of India
(c) State of Punjab Vs. Sivaram
(d) Centre for public interest Vs. Union of India

.correct answer : b

Q. No. 295
CPC is applicable to whole India except
(a) Jammu and Kashmir
(b) Nagaland and Tribal area
(c) Both a. and b.
(d) None of these

.correct answer : c

Q. No. 296
The Code of Civil Procedure, 1908 came into effect on
(a) 01.01.1908
(b) 01.06.1908
(c) 01.01.1909
(d) 01.06.1909

.correct answer : c

Q. No. 297
The substantive part contained is
(a) Sections
246

(b) Rules
(c) Orders
(d) None of these.

.correct answer : a

Q. No. 298
The procedural part contained is
(a) Sections
(b) Rules
(c) Codes
(d) None

.correct answer : c

Q. No. 299
‘Decree’ has been defined in section ____ of the Civil Procedure Code
(a) 5
(b) 4
(c) 3(2)
(d) 2(2)

.correct answer : d

Q. No. 300
Which of the following Orders deals with commissions?
(a) O. XXVI
(b) O.XXII
(c) O.XXIII
(d) O.XXV

.correct answer : a

Hanumant's CJQuest Core - Objective Questions on Civil Procedure Code -


Set 7
247

Q. No. 301
Powers of commissioners are provided under
(a) O. XXVI R. 16
(b) O.XXVI. R.12
(c) O.XXVI R.10
(d) O.XXV R.16

.correct answer : a

Q. No. 302
The ……………….. shall be the agent of the Government for the purpose of
receiving processes against the Government issued by such Court
(a) Registrar
(b) Government pleader
(c) Court officer
(d) None of the above

.correct answer : b

Q. No. 303
Suit by or against minors and persons of Unsound mind is deal with under
(a) O. XXVI
(b) O.XXXII
(c) O.XXIII
(d) O.XXV

.correct answer : b

Q. No. 304
Suit by indigent persons has been dealt with under
(a) O. XXXI
(b) O.XXXII
(c) O.XXXIII
(d) O.XXXV

.correct answer : c
248

Q. No. 305
A person is an indigent person,—
(a) if he is not possessed of sufficient means (other than property exempt from
attachment in execution of a decree and the subject-matter of the suit) to enable
him to pay the fee prescribed by law for the plaint in such suit,
(b) where no such fee is prescribed, if he is not entitled to property worth one
thousand rupees other than the property exempt from attachment in execution of a
decree, and the subject-matter of the suit.
(c) Either a or b
(d) None of the above

.correct answer : c

Q. No. 306
A person is an indigent person if he is not entitled to property worth
………… rupees other than the property exempt from attachment in
execution of a decree
(a) 1000
(b) 500
(c) 2000
(d) 5000

.correct answer : a

Q. No. 307
Rules relating to inter-pleader suits are contained in
(a) O. XXXVI
(b) O.XXXV
(c) O.XXXIII
(d) O.XXXV

.correct answer : b

Q. No. 308
Rules relating to Summary Procedure is applicable to
249

(a) suits upon bills of exchange, hundies and promissory notes;


(b) suits in which the plaintiff seeks only to recover a debt or liquidated demand in
money payable by the defendant, with or without interest, arising,-(i) on a written
contract, or (ii) on an enactment, where the sum sought to be recovered is a fixed
sum of money or in the nature of a debt other than a penalty; or(iii) on a guarantee,
where the claim against the principal is in respect of a debt or liquidated demand
only.
(c) Both a and b
(d) None of these

.correct answer : c

Q. No. 309
Rules relating to Summary procedure are contained in
(a) O. XXXVI
(b) O.XXXVII
(c) O.XXXVIII
(d) O.XXXV

.correct answer : b

Q. No. 310
Which of the following orders deals with arrest and attachment before
judgment?
(a) O. XXXVI
(b) O.XXXVII
(c) O.XXXVIII
(d) O.XXXV

.correct answer : c

Q. No. 311
An order of attachment of immovable property cannot be passed by
(a) Munsiff court
(b) District court
(c) Small cause Court
(d) None of he above
250

.correct answer : c

Q. No. 312
In a summary suit trial begins
(a) After the court grants leave to the defendant to contest the suit
(b) Issue notice to the defendant
(c) Framing issues
(d) None

.correct answer : a

Q. No. 313
Maximum period if imprisonment which can be imposed for disobedience or
breach of injunction is not exceeding………………months.
(a) 3
(b) 6
(c) 2
(d) 12

.correct answer : b

Q. No. 314
Where an injunction has been granted without giving notice to the opposite
party, the Court shall make an endeavour to finally dispose of the application
within ……………days from the date on which the injunction was granted
(a) 30
(b) 60
(c) 20
(d) 90

.correct answer : a

Q. No. 315
Which of the following orders deals with injunction and interlocutory orders?
(a) O. XXXVI
251

(b) O.XXXVII
(c) O.XXXIX
(d) O.XXXV

.correct answer : c

Q. No. 316
In which of the following Cases temporary injunction can be granted?
(a) that any property in dispute in a suit is in danger of being wasted, damaged or
alienated by any party to the suit, or wrongfully sold in execution of a decree, or
(b) that the defendant threatens, or intends, to remove or dispose of his property
with a view to defrauding his creditors,
(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause
injury to the plaintiff in relation to any property in dispute in the suit,]
(d) All the above

.correct answer : d

Q. No. 317
Appeal from original decree is provided under
(a) O. XLI
(b) O.XL
(c) O.XLIII
(d) O.XLV

.correct answer : a

Q. No. 318
Which of the following orders deals with Appointment of receivers?
(a) O. XXXVI
(b) O.XL
(c) O.XXXIX
(d) O.XXXV

.correct answer : b
252

Q. No. 319
Who among the following can be appointed as receiver, where the property is
land paying revenue to the Government, or land of which the revenue has
been assigned or redeemed?
(a) Registrar
(b) Tahsildar
(c) Collector
(d) None of these

.correct answer : c

Q. No. 320
Where the party against whom a decree for specific performance or for
injunctions been passed is a corporation, the decree may be enforced
(a) by the attachment of the property of the corporation or,
(b) by the detention in the civil prison of the directors or other principal officers
thereof,
(c) by both attachment and detention.
(d) All the above

.correct answer : d

Q. No. 321
Where any attachment made in execution of a decree for specific
performance for restitution of conjugal rights, or for an injunction, has been
passed and it has remained in force for ……………..months, if the judgment-
debtor has not obeyed the decree and the decree-holder has applied to have
the attached property sold nd out of the proceeds the Court may award to the
decree-holder such compensation as it thinks fit, and shall pay the balance (if
any) to the judgment-debtor on his application.
(a) 3
(b) 3
(c) 6
(d) 12

.correct answer : c
253

Q. No. 322
Execution of a decree for immovable property’ is dealt with under
(a) O. XXI R.30
(b) O.XXI R.35
(c) O.XXI R. 40
(d) O.XXI R.10

.correct answer : b

Q. No. 323
Which of the following rules mandates that ‘no judgment-debtor shall be
arrested in execution of a decree unless and until the decree-holder into pays
Court such sum as the Judge thinks sufficient for the subsistence of the
judgment-debtor from the time of his arrest until he can be brought before
the Court.
(a) O. XXI R.30
(b) O.XXI R.35
(c) O.XXI R. 39
(d) O.XXI R.10

.correct answer : c

Q. No. 324
Sales of immovable property in execution of decrees may be ordered
(a) by any Court
(b) by any Court other than a Court of Small Causes
(c) district Court only
(d) None of these.

.correct answer : b

Q. No. 325
Where immovable property has been sold in execution of a degree, any
person claiming an interest in the property sold at the time of the sale or at
the time of making the application, may apply to have the sale set aside on his
deposition in Court,- for payment to the purchaser, a sum equal to
254

………….per cent of the purchase-money, and


(a) 5
(b) 10
(c) 6
(d) 12

.correct answer : a

Q. No. 326
The monthly subsistence allowance fixed by the Court shall be supplied by
the party on whose application the judgment-debtor has been arrested by
monthly payments in advance
(a) Before the first day of each month
(b) Before the last day of each month
(c) Any time
(d) None of the above

.correct answer : a

Q. No. 327
If any Judgment Debtor failed to make an affidavit stating the particulars of
the assets, the Court direct that the person disobeying the order be detained
in the civil prison for a term not exceeding……………months
(a) 3
(b) 3
(c) 6
(d) 12

.correct answer : a

Q. No. 328
Execution of a Decree against a firm is dealt with under
(a) O. XXI R.30
(b) O.XXI R.35
(c) O.XXI R. 50
(d) O.XXI R.40
255

.correct answer : c

Q. No. 329
Attachment of immovable property in execution of a decree under O.XXI
R.54 shall be made
(a) By an order prohibiting the judgment-debtor from transferring or charging the
property in any way,
(b) By an order prohibiting all persons from taking any benefit from such transfer
or charge.
(c) Both a and b
(d) None of these.

.correct answer : c

Q. No. 330
There shall be no abatement by reason of the death of either party
(a) Between the conclusion of the hearing and the pronouncing of the judgment,
(b) After filing of suit
(c) After framing issues
(d) None of the above

.correct answer : a

Q. No. 331
Where a suit abates or is dismissed under Order XXII, no fresh suit shall be
brought on the same cause of action. The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 332
The death of a plaintiff or defendant …………… the suit to abate if the right
256

to sue survives.
(a) Shall cause
(b) Shall not
(c) Either a or b
(d) None of the above

.correct answer : b

Q. No. 333
The death of a plaintiff or defendant shall not cause the suit to abate if the
right to sue survives .this is provided under
(a) O. XXII R.1
(b) O.XXII R.2
(c) O.XXII R.3
(d) O.XXII R.4

.correct answer : a

Q. No. 334
Where any immovable property has been sold in execution of a decree, the
decreeholder, or the purchaser, or any other person entitled to share in a
rateable distribution of assets, whose interests are affected by the sale, may
apply to the Court to set aside the sale on the ground of ………………..in
publishing or conduction it.
(a) Material irregularity
(b) Fraud
(c) Either a or b
(d) None of the above

.correct answer : c

Q. No. 335
Security for costs is provided under
(a) O. XXIII
(b) O.XXII
(c) O.XXIII
(d) O.XXV
257

.correct answer : d

Q. No. 336
Compromise of a suit is provided under
(a) O. XXIII R.1
(b) O.XXII R.2
(c) O.XXIII R.3
(d) O.XXII R.4

.correct answer : c

Q. No. 337
No suit shall lie to set aside a decree on the ground that the compromise on
which the decree is based was not lawful. The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 338
The plaintiff may as against all or any of the defendants abandon his suit or
abandon a part of his claim
(a) At any time after the institution of a suit
(b) After hearing
(c) After framing issues
(d) None of the above

.correct answer : a

Q. No. 339
The Court may grant the plaintiff permission to withdraw from such suit or
such part of the claim with liberty to institute a fresh suit in respect of the
subject-matter of such suit or such part of the claim when
258

(a) that a suit must fail by reason of some formal defect,


(b) that there are sufficient grounds for allowing the plaintiff to institute a fresh
suit for the subject-matter of a suit or part of a claim
(c) Either a or b
(d) None of the above

.correct answer : c

Q. No. 340
An appeals by indigent person is provided in
(a) O. XLII
(b) O.XLIV
(c) O.XLIII
(d) O.XLV

.correct answer : b

Q. No. 341
From which of the following orders an appeal will lie?
(a) An order under rule 2, rule 3 or rule 6 of Order XXXVIII;
(b) An order under rule 1, rule 2,rule 2A, rule 4 or rule 10 of Order XXXIX;
(c) An order under rule 1 or rule 4 of Order XL;
(d) Al the above

.correct answer : d

Q. No. 342
From which of the following orders an appeal will lie?
(a) an order under rule 21 of Order XI;
(b) an order under rule 34 of Order XXI on an objection to the draft of a document
or of an endorsement;
(c) an order under rule 72 or rule 92 of Order XXI setting aside or refusing to set
aside a sale;
(d) All the above

.correct answer : d
259

Q. No. 343
From which of the following orders an appeal will lie?
(a) an order under rule 10 of Order VII returning a plaint to be presented to the
proper Court except where the procedure specified in rule 10A of Order VII has
been followed
(b) an order under rule 9 of Order IX rejecting an application for an order to set
aside the dismissal of a suit;
(c) an order under rule 13 of Order IX rejecting an application for an order to set
aside a decree passed ex parte
(d) All the above

.correct answer : d

Q. No. 344
From which of the following orders an appeal will lie?
(a) an order under rule 2 of Order XXV rejecting an application for an order to set
aside the dismissal of a suit;
(b) an order under rule 5 or rule 7 of Order XXXIII rejecting an application for
permission to sue as an indigent persons:
(c) orders in interpleader-suits under rule 3, rule 4 or rule 6 of Order XXXV;
(d) Al the above

.correct answer : d

Q. No. 345
From which of the following orders an appeal will lie?
(a) an order rejecting an application made under sub-rule (1) of rule 106 of Order
XXI, provided that an order on the original application, that is to say, the
application referred to in sub-rule (1) of rule 105 of that Order is appealable.
(b) an order under rule 9 of Order XXII refusing to set aside the abatement or
dismissal of a suit;
(c) an order under rule 10 of Order XXII giving or refusing to give leave;
(d) All the above

.correct answer : d
260

Q. No. 346
Every appeal shall be heard under rule 11 as expeditiously as possible and
endeavour shall be made to conclude such hearing within ………..days from
the date on which the memorandum of appeal is filed
(a) 30
(b) 60
(c) 20
(d) 90

.correct answer : b

Q. No. 347
Power to dispose appeal without sending notice to lower court is provided
under
(a) O. XLI R.11
(b) O.XLI R.12
(c) O.XLI R.8
(d) O.XLI. R.9

.correct answer : a

Q. No. 348
Appeal from orders is provided under
(a) O. XLII
(b) O.XLI
(c) O.XLIII
(d) O.XLV

.correct answer : c

Q. No. 349
Appeal from appellate decree is provided under
(a) O. XLII
(b) O.XLI
(c) O.XLIII
(d) O.XLV
261

.correct answer : a

Q. No. 350
Procedure for suits relating to mortgages of immovable property has been
laid down in
(a) Order XXXV
(b) Order XXXII
(c) Order XXXIII
(d) Order XXXIV

.correct answer : d

Q. No. 351
If in any case in which the defendant sets up counter-claim, the suit of the
plaintiff is stayed, discontinued or dismissed the counter-claim (MP PCSJ
1998)
(a) Shall be stayed
(b) Nevertheless be proceeded with
(c) May be continued with the leave of High Court
(d) No specific provision

.correct answer : b

Q. No. 352
After the passing of a decree for payment of money, on the application of the
Judgment debtor, Court shall not order that payment of the amount of decree
shall be made by installments MP PCSJ 1998
(a) Without recording evidence of both parties
(b) Without obtaining affidavits from both parties
(c) Without obtaining the documents regarding the financial condition of the
Judgement-Debtor
(d) Without the consent of decree-holder

.correct answer : d

Q. No. 353
262

In a suit, plaintiff himself wishes to appear as a witness. Without any


permission of Court, he may so appear MP PCSJ 1998
(a) At any time before evidence from plaintiff’s side is over
(b) At any time before evidence from defendant’s side is over
(c) At any time before arguments are heard
(d) Only before any other witness on his behalf has been examined

.correct answer : d

Q. No. 354
Date appointed by any Court for presenting list of witnesses by the parties to
obtain summons to them for their attendance in Court, shall not be later than
MP PCSJ 1998
(a) Ten days
(b) Fifteen days
(c) Eighteen days
(d) Thirty days

.correct answer : b

Q. No. 355
Which one of the following is a newly added ground for rejection of a plaint
under Order 7rule 1 of C.P.C. ? (UJS 2002)
(a) Non-disclosure of cause of action
(b) Under valuation of relief claimed
(c) Barred by any law
(d) Plaint not filed in duplicate

.correct answer : b

Q. No. 356
Pleading can be amended (MPJS 2006)
(a) Before the trial court only
(b) Before the first appellate court only
(c) Before either the trial court or first appellate court or second appellate court
(d) Before second appellate court only
263

.correct answer : c

Q. No. 357
Documents which are meant for cross-examination of a witness of the other
party or meant for refreshing the memory of the witness may be produced
(MPJS 2006)
(a) At or before the settlement of issues
(b) After the settlement of issues
(c) At any time when they are required
(d) Along with pleadings

.correct answer : c

Q. No. 358
Any objections to interrogatories may be on the ground that it is— (MPJS
2006)
(a) Irrelevant
(b) Scandalous
(c) Not exhibited bonafide
(d) All or any of those

.correct answer : d

Q. No. 359
Where the defendant is a minor, the court shall
(a) Not appoint any one
(b) Dismiss the suit
(c) Direct a person in the family to represent the minor
(d) Appoint a proper person to be guardian for the suit for such minor

.correct answer : d

Q. No. 360
A decree for specific movable property may be executed by
(a) the seizure, if practicable, of the movable or share, and by the delivery thereof
264

to the party to whom it has been adjudged, or to such person as he appoints to


receive delivery on his behalf, o
(b) the detention in the civil prison of the judgment-debtor,
(c) by the attachment of his property,
(d) All the above

.correct answer : d

Q. No. 361
A decree for payment of money may be executed by
(a) The detention in the civil prison of the judgment-debtor,
(b) By the attachment and sale of his property,
(c) Both a or b
(d) None of the above

.correct answer : c

Q. No. 362
Where any attachment made in execution of a decree for specific immovable
property has been passed and it has remained in force for
……………..months, if the judgmentdebtor has not obeyed the decree and the
decree-holder has applied to have the attached property sold, such property
may be sold, and out of the proceeds the Court may award to the decree-
holder.
(a) 3
(b) 3
(c) 6
(d) 12

.correct answer : a

Q. No. 363
Notice to show cause against execution is required where an application for
execution is made,-
(a) more than two years after the date of the decree,
(b) against the legal representative of a party to the decree or where an application
is made for execution of a decree filed under the provisions of section 44A,
265

(c) against the assignee or receiver in insolvency, where the party to the decree has
been adjudged to be an insolvent,
(d) All the above

.correct answer : a

Q. No. 364
The Court may, in its discretion, refuse execution at the same time against the
person and property of the judgment-debtor. The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 365
Mode of execution of a decree for payment of money’ is dealt with under
(a) O. XXI R.30
(b) O.XXI R.20
(c) O.XXI R. 40
(d) O.XXI R.10

.correct answer : a

Q. No. 366
Which of the following deals with ‘stay of Execution?’
(a) O. XXI R.26
(b) O.XXI R.11
(c) O.XXI R.6
(d) O.XXI R.10

.correct answer : a

Q. No. 367
‘Application for execution’ is dealt with under
266

(a) O. XXI R.10


(b) O. XXI R.5
(c) O.XXI R.3
(d) O.XXI R.1

.correct answer : a

Q. No. 368
Which of the following Illustrations are correct with regard to O.XXI R. 18?
(a) A holds a decree against B for Rs. 1,000. B holds a decree against A for the
payment of Rs. 1,000 in case A fails to deliver certain goods at a future day. B
cannot treat his decree as a cross-decree under this rule.
(b) A and B, co-plaintiffs, obtain a decree for Rs. 1,000 against C, and C obtain a
decree for Rs. 1,000 against B. C cannot treat his decree as a cross-decree under
this rule.
(c) A obtains a decree against B for Rs. 1,000. C, who is a trustee for B, obtains a
decree on behalf of B against A for Rs. 1,000. B cannot treat C’s decree as a cross-
decree under this rule.
(d) All the above

.correct answer : d

Q. No. 369
If the execution Petition is defective
(a) It can be cured
(b) It cannot be cured
(c) It can be cured with the permission of the Court
(d) None the above

.correct answer : c

Q. No. 370
Where an application is made for the attachment of any immovable property
belonging to a judgment-debtor, it shall contain at the foot
(a) a description of such property sufficient to identify the same and, in case such
property can be identified by boundaries or numbers in a record of settlement or
survey, a specification of such boundaries or numbers; and
267

(b) a specification of the judgment-debtor’s share or interest in such property to


the best of the belief of the applicant, and so far as he has been able to ascertain
the same.
(c) Both a or b
(d) None of the above

.correct answer : c

Q. No. 371
An application for execution shall be
(a) In writing
(b) Signed by the applicant
(c) Verified by the applicant
(d) All the above

.correct answer : d

Q. No. 372
An oral application for execution can be made
(a) In all cases
(b) Where a decree is for payment of money
(c) Either a or b
(d) None of the above

.correct answer : b

Q. No. 373
When a decree is sent for execution to a district court
(a) be executed by it
(b) be transferred for execution to any subordinate Court of competent jurisdiction.
(c) Either a or b
(d) None of the above

.correct answer : c

Q. No. 374
268

If the Court to which the decree is sent for execution, has no jurisdiction to
execute the decree
(a) Return the Decree
(b) Send it to the Court having Jurisdiction
(c) Either a or b
(d) None of the above

.correct answer : b

Q. No. 375
The Mode of transfer of decree is provided under
(a) O. XXI R.5
(b) O.XXII R.5
(c) O.XXII R.3
(d) O.XXV R.1

.correct answer : a

Q. No. 376
A Decree can be transferred to Court of small Causes, Under O.XXI R.4 ,
Where a decree has been passed in a suit of which the value as set forth in the
plaint did not exceed Rupees…………
(a) 1000
(b) 2000
(c) 3000
(d) 4000

.correct answer : b

Q. No. 377
Execution of decree where lands situate in more than one jurisdiction?
(a) O. XXI R.3
(b) O.XXII R.5
(c) O.XXII R.3
(d) O.XXV R.1

.correct answer : a
269

Q. No. 378
Which of the following deals with ‘decree in pre-emption suit?’
(a) O. XXI R.1
(b) O.XXIII R.1
(c) O.XXII R.1
(d) O.XXV R.1

.correct answer : a

Q. No. 379
Under O. XXA, the Court can award costs,
(a) charges paid by a party for inspection of the records of the Court for the
purposes of the suit;
(b) expenditure incurred by a party for producing witnesses, even though not
summoned through Court, and
(c) in the case of appeals, charges incurred by a party for obtaining any copies of
judgments and decrees which are required to be filed along with the memorandum
of appeal.
(d) All the above

.correct answer : d

Q. No. 380
Under O. XXA, the Court can award costs,
(a) expenditure incurred for the giving of any notice required to be given by law
before the institution of the suit;
(b) expenditure incurred on any notice which, though not required to be given by
law, has been given by any party to the suit to any other party before the
institution of the suit;
(c) expenditure incurred on the typing, writing or printing of pleadings filed by
any party;
(d) All the above

.correct answer : d
270

Q. No. 381
Where it is not practicable to pronounce the Judgment in 30 days on the
ground of the exceptional and extraordinary circumstances of the case, the
Court shall fix a future day for the pronouncement of the judgment, and such
day shall not ordinarily be a day beyond ……....…….. days from the date on
which the hearing of the case was concluded,
(a) 15
(b) 60
(c) 90
(d) 120

.correct answer : b

Q. No. 382
Under O. XX R. 1, every endeavour shall be made by the Court to pronounce
the judgment within ……. days from the date on which the hearing of the
case was concluded
(a) 15
(b) 30
(c) 90
(d) 120

.correct answer : b

Q. No. 383
A Judgment once signed shall not be altered or added to save as provided
under section…….of CPC.
(a) 151
(b) 152
(c) 148
(d) 153

.correct answer : b

Q. No. 384
Which of the following are correct?
271

(a) Judgment should be pronounced by the judge, who heard the case
(b) A Judge shall pronounce a judgment written, but not pronounced, by his
predecessor
(c) Both a and b
(d) None of the above

.correct answer : b

Q. No. 385
Which of the following orders deals with ‘decree for possession and mesne
profit?’
(a) O. XX R.12
(b) O.XX R.15
(c) O.XX R.16
(d) O.XX R.14

.correct answer : a

Q. No. 386
Which of the following are correct?
(a) The decree shall agree with the Judgment
(b) The decree may not agree with the Judgment
(c) Either a and b
(d) None of the above

.correct answer : a

Q. No. 387
Which of the following orders deals with ‘Costs?’
(a) O. XIX
(b) O.XXA
(c) O.XXI
(d) O.XXII

.correct answer : b
272

Q. No. 388
Which of the following orders deals with ‘decree in pre-emption suit?’
(a) O. XX R.12
(b) O.XX R.15
(c) O.XX R.16
(d) O.XX R.14

.correct answer : d

Q. No. 389
Where a witness is about to leave the jurisdiction of the Court, or other
sufficient cause is shown to the satisfaction of the Court why his evidence
should be taken immediately, the Court may upon the application of any
party or of the witness, at any time after the institution of the suit, take the
evidence of such witness in manner herein before provided. This is provided
under
(a) O. XVIII R.12
(b) O.XVIII R.15
(c) O.XVIII R.16
(d) O.XVIII R.14

.correct answer : c

Q. No. 390
Which of the following Rule is introduced by the 2002 Amendment to CPC?
(a) O. XVIII R.1
(b) O.XVIII R.2
(c) O.XVIII R.4
(d) O.XVIII R.3

.correct answer : c

Q. No. 391
Remarks on demon our of the witnesses should be recorder as provided
under
(a) O. XVIII R.12
273

(b) O.XVIII R.10


(c) O.XVIII R.13
(d) O.XVIII R.14

.correct answer : a

Q. No. 392
Which of the following deals with “Matters to which affidavit shall be
confined”?
(a) O. XIX R.1
(b) O. XIX R.2
(c) O. XIX R.3
(d) None of the above

.correct answer : b

Q. No. 393
The decree should be drawn up as expeditiously as possible and, in any case,
within …………….days from the date on which the judgment is pronounced
(a) 15
(b) 30
(c) 90
(d) 120

.correct answer : a

Q. No. 394
Which of the following orders deals with ‘Judgment and decree?’
(a) O. XIX
(b) O.XX
(c) O.XXI
(d) O.XXII

.correct answer : b

Q. No. 395
274

Which of the following orders deals with ‘Affidavits?’


(a) O. XIX
(b) O.XX
(c) O.XXI
(d) O.XXII

.correct answer : a

Q. No. 396
Panel of Commissioners to record evidence should be prepared by
(a) Munsiff
(b) District court
(c) High Court or District court
(d) 105

.correct answer : c

Q. No. 397
Law does not require issuance of notice of the application for execution of a
decree, to the judgment debtor, where the execution is applied
within…………years of decree
(a) 2
(b) 12
(c) 3
(d) 5.

.correct answer : a

Q. No. 398
Order XXI contain……………..rules
(a) 106
(b) 100
(c) 96
(d) 105

.correct answer : a
275

Q. No. 399
Which of the following orders deals with ‘Execution of decree?’
(a) O. XIX
(b) O.XXA
(c) O.XXI
(d) O.XXII

.correct answer : c

Q. No. 400
Where any party dies after conclusion and before pronouncing Judgement
(CJS 2004)
(a) The suit shall abet
(b) The suit shall not abet
(c) The suit shall not abet if cause of action survives
(d) It depends on the discretion of the court whether it shall abet or not

.correct answer : b

Q. No. 401
After the passing of a decree for payment of money, on the application of the
judgment debtor court shall not order that payment of amount of decree shall
be made by installments (CJS 2004)
(a) Without recording evidence of both parties
(b) Without obtaining affidavits from both parties
(c) Without obtaining documents regarding the financial position of the debtor
(d) Without of consent of decree holder

.correct answer : d

Q. No. 402
Appointment of receivers of any property can be made when (CJS 2004)
(a) Before decree
(b) After decree
(c) Only appellate court can made order
(d) When it appears to the court to be just and convenient whether before or after
decree
276

.correct answer : d

Q. No. 403
Which Order under C.P.C. provides detailed rules regarding judgments and
decree? (UJS 2006)
(a) Order XIX
(b) Order XX
(c) Order XXI
(d) Order XXIII

.correct answer : b

Q. No. 404
Section 114 of C.P.C. should be read with— (UP PCS 2003)
(a) Order 46, Rule 1
(b) Order 47, Rule 1
(c) Order 47, Rule 3
(d) Order 41

.correct answer : b

Q. No. 405
Where the plaint has been rejected the plaintiff on the same cause of action
(CJS 2004)
(a) May file new suit
(b) can’t file new suit
(c) May present with the leave of High Court
(d) None of these

.correct answer : a

Q. No. 406
Where decree is for the partition of an undivided estate assessed to the
payment of revenue to the government, the partition of the estate, in
accordance with the law for the time being in force, shall be made by (CJS
277

2004)
(a) The Naib Tahsildar
(b) The Nazir
(c) The Collector
(d) The Commissioner appointed by the court

.correct answer : c

Q. No. 407
During service of summons defendant was found absent from his residence
and within reasonable time no chance to get back at his residence, service of
the summons may be made on (CJS 2004)
(a) On servant
(b) Minor daughter
(c) Adult son
(d) Munim

.correct answer : c

Q. No. 408
Under Order 8 Rule 6 C.P.C. set-off may be permitted if (UP PCS 2003)
(a) The suit is for recovery of property
(b) Set-off claimed by the defendant is ascertained sum of money
(c) Value of property recoverable is lei than rupees two lacs
(d) Defendant presents a written statement of accounts at any stage of hearing of
the suit

.correct answer : b

Q. No. 409
An attachment made before judgment in a suit which is dismissed for default
(MP PCSJ 1998)
(a) Shall not become revived merely by reason of the fact the order for dismissal
of the suit for default has been set aside
(b) Shall become revived merely on the basis of restoration of suit
(c) Shall become revived on the order of Appellate Court
(d) Shall become revived on the order of High Court
278

.correct answer : a

Q. No. 410
Which of the following combinations are correctly matched? (UP PCS 2003) i.
Temporary injunction — Order 39 ii. Suit by indigent person — Order 33 iii.
Powers of Appellate court- — Section 102 C.P.C iv. Right to file caveat —
Section148A
(a) 1, 2 and 4
(b) 1, 2 and 3
(c) 1, 3 and 4
(d) 2, 3 and 4

.correct answer : a

Q. No. 411
Where a decree of compromise which was not lawful, there (MP PCSJ 1998)
(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

.correct answer : c

Q. No. 412
Where an indigent person succeeds the court fee shall be recovered? (MP
PCSJ 1998)
(a) From the defendant
(b) From the State Government
(c) Not recoverable
(d) From the Plaintiff

.correct answer : d

Q. No. 413
In which condition the officer in charge of the prison may refuse to produce
279

the prisoner for evidence despite Court’s order ? (MP PCSJ 1998)
(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

.correct answer : d

Q. No. 414
Where any party dies after conclusion and before pronouncing of Judgment ?
(MP PCSJ 1998)
(a) The suit shall abet
(b) The suit shall not abet
(c) The suit shall not abet if cause of action survives
(d) It will be deemed that judgment has been pronounced after death of a party

.correct answer : b

Q. No. 415
Where the plaint has been rejected the plaintiff on the same cause of action ?
(MP PCSJ 1998)
(a) May present a fresh suit
(b) Cannot present a fresh suit
(c) May present a fresh suit with the leave of High Court
(d) None of the above

.correct answer : a

Q. No. 416
Where the suit is dismissed under rule 2 or 3 of order 9 C.P.C. the plaintiff?
(MP PCSJ 1998)
(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
280

.correct answer : a

Q. No. 417
If a party who has obtained an order for leave to amend pleading does not
amend the same within how many days, he shall not be permitted to do
without leave of Court ? (MP PCSJ 1998)
(a) Fifteen days
(b) Fourteen days
(c) Twenty days
(d) Thirty days

.correct answer : b

Q. No. 418
Which of the following provisions of C.P.C. provides for adjudication of
claims and objections to attachment of property ? (UJS 2006)
(a) Order 21 R 59
(b) Order 21 R 58
(c) Order 21 R 57
(d) None of the above

.correct answer : b

Q. No. 419
Under which provision of C.P.C. the Collector may be appointed as a
Receiver? (UJS 2006)
(a) Order 40 Rule 1
(b) Order 40 Rule 2
(c) Order 40 Rule 3
(d) Order 40 Rule 5

.correct answer : d

Q. No. 420
The meaning of written statement is— (UJS 2006)
281

(a) Suit of plaintiff


(b) Suit of defendant
(c) Answer by Defendant of plaintiff’s suit
(d) Answer by plaintiff of Defendant’s suit

.correct answer : c

Q. No. 421
Which provision of the C.P.C. provides that one person may sue on behalf of
all in same interest? (UJS 2006)
(a) Order 1 R 1
(b) Order 2 R 2
(c) Order 1 R 8
(d) Order 1 R 9

.correct answer : c

Q. No. 422
Match the following lists and tick the correct (UJS 2006) List-I List-II (Order
of CPC) (Subjects) A. Order XVII 1. Execution B. Order XXI 2. Suit by or
against Corporation C. Order XXIX 3. Suit by Indigent D. Order XXXIII 4.
Adjournment
(a) 1 2 3 4
(b) 4 3 2 1
(c) 4 1 2 3
(d) 3 2 4 1

.correct answer : c

Q. No. 423
Which of the provision of C.P.C. deals with consequences of disobedience of
an injunction granted by Court? (UJS 2006)
(a) Order 39 R I
(b) Order 39 R2
(c) Order 39 R2-A
(d) Order 39 R3
282

.correct answer : c

Q. No. 424
An original suit for the value of Rs. 20 lac shall be instituted in the Court of
(UJS 2006)
(a) High Court
(b) District Judge
(c) Civil Judge (Junior Division)
(d) Civil Judge (Senior Division)

.correct answer : b

Q. No. 425
Which of the following provision of CPC mandates that ‘No suit shall be
defeated by reason of the misjoinder or nonjoinder of parties’?
(a) O.1 R.9
(b) O.1 R.8
(c) O.2 R.7
(d) O.3.R.6

.correct answer : a

Q. No. 426
No suit shall be defeated by reason of
(a) The misjoinder of necessary party
(b) The misjoinder or nonjoinder of parties
(c) Both a & b
(d) None of these

.correct answer : b

Q. No. 427
Which section in the Civil Procedure Code deals with Power to amend decree
or order where appeal is summarily dismissed?
(a) 154A
283

(b) 153A
(c) 155A
(d) 156A

.correct answer : b

Q. No. 428
The Court competent to entertain the application for restitution is
(a) The Court of first instance
(b) Any court
(c) Appellate Court
(d) Any of the above

.correct answer : a

Q. No. 429
The person who may be joined as Plaintiffs in a suit is provided under
(a) O.1 R.1
(b) O.1 R.2
(c) O.2 R.2
(d) O.3.R.1

.correct answer : a

Q. No. 430
Under which provision of CPC, the place in which any Civil Court is held for
the purpose of trying any suit shall be deemed to be an open Court, to which
the public generally may have access so far as the same can conveniently
contain them
(a) 154A
(b) 153B
(c) 155B
(d) 156A

.correct answer : b
284

Q. No. 431
The person who may be joined as Defendants in a suit is provided under
(a) O.1 R.3
(b) O.1 R.2
(c) O.2 R.2
(d) O.3.R.1

.correct answer : a

Q. No. 432
Who among the following may be joined as Plaintiffs in a suit?
(a) any right to relief in respect of, or arising out of, the same act or transaction or
series of acts or transactions is alleged to exist in such persons, whether jointly,
severally or in the alternative; and
(b) if such persons brought separate suits, any common question of law or fact
would arise.
(c) Both a and b
(d) None of the above

.correct answer : c

Q. No. 433
‘It shall not be necessary that every defendant shall be interested as to all the
relief claimed in any suit against him’ The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 434
Who among the following may be joined as Plaintiffs in a suit?
(a) any right to relief in respect of, or arising out of, the same act or transaction or
series of acts or transactions is alleged to exist against such persons, whether
jointly, severally or in the alternative; and
285

(b) if separate suits were brought against such persons, any common question of
law or fact would arise.
(c) Both a and b
(d) None of the above

.correct answer : c

Q. No. 435
Which one of the following is not a rule of pleading? (UP PCS 2003)
(a) Plead the fact and not the law
(b) State the law and plead the facts
(c) Plead material facts only
(d) Plead facts not evidence

.correct answer : b

Q. No. 436
All objections on the ground of non-joinder or misjoinder of parties shall be
taken at the earliest possible opportunity and, in all cases where issues are
settled, at or before such settlement, unless the ground of objection has
subsequently arisen, and any such objection not so taken shall be deemed to
have been waived. The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 437
The proceedings as against any person added as defendant shall be deemed to
have begun on the
(a) Date of allowing
(b) Service of summons
(c) Such date court may decide
(d) None of these
286

.correct answer : b

Q. No. 438
Any objection on the ground of misjoinder of causes of action shall be taken;
(a) Before a decree passed
(b) Before Judgment is pronounced
(c) At the earliest possible opportunity
(d) None of these

.correct answer : c

Q. No. 439
Where a defendant is added
(a) Plaint to be amended
(b) Plaint need not be amended
(c) Depends
(d) None of these

.correct answer : a

Q. No. 440
Pleading means (MPJS 2006)
(a) Plaint only
(b) Written statement only
(c) Plaint and written statement
(d) Plaint, written statement and replication

.correct answer : c

Q. No. 441
No cause of action shall, unless with the leave of the Court, be joined with a
suit for the recovery of immovable property, except
(a) claims for mesne profits or arrears of rent in respect of the property claimed or
any part thereof;
(b) claims for damages for breach of any contract under which the property or any
287

part thereof is held;


(c) claims in which the relief sought is based on the same cause of action:
(d) All the above

.correct answer : d

Q. No. 442
A lets a house to B at a yearly rent of Rs. 1200. The rent for the whole of the
years 1905, 1906 and 1907 is due and unpaid. A sues B in 1908 only for the
rent due for 1906. (MPJS 1998)
(a) A shall not afterwards sue B for the rent due for 1905 or 1907.
(b) A shall afterwards sue B for the rent due for 1905 or 1907.
(c) Depends
(d) None of these

.correct answer : a

Q. No. 443
Which of the following provision of CPC mandates that ‘All objections on the
ground of non-joinder or misjoinder of parties shall be taken at the earliest
possible opportunity and, in all cases where issues are settled,’?
(a) O.1 R.10
(b) O.1 R.11
(c) O.2 R.12
(d) O.1.R.13

.correct answer : d

Q. No. 444
A suit shall be defeated by one of the following;
(a) Nonjoinder of a necessary party
(b) Misjoinder or non joinder of parties
(c) Both
(d) None of these

.correct answer : a
288

Q. No. 445
A judgment passed by a court can be reviewed by (MPJS 2006)
(a) The court passing the judgment
(b) The court of District Judge
(c) The High Court
(d) The Supreme Court

.correct answer : a

Q. No. 446
Maximum period of time which can be enlarged U/S. 148 is
(a) 30 days
(b) 60 days
(c) 45 days
(d) 15 days

.correct answer : a

Q. No. 447
In which condition the officer in charge of the prison may refuse to produce
the prisoner for evidence despite court’s order (CJS 2004)
(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 the prisoner in unfit to be removed

.correct answer : d

Q. No. 448
No appeal shall lie from a decree passed by the court with the consent of the
parties.” It is provided in (UP PCS 2003)
(a) Section 96(l) C.P.C.
(b) Section 96(2) C.P.C.
(c) Section 96(3) C.P.C.
(d) Section 96(4) C.P.C.
289

.correct answer : c

Q. No. 449
Under which section an application for restitution may be made by a party
(a) Section 144
(b) Section 143
(c) Section 145
(d) Section 140

.correct answer : a

Q. No. 450
Under S. 152 of CPC, All orders and notices served on or given to any person
under the provisions shall be
(a) in writing
(b) oral
(c) oral or in writing
(d) Any of the above

.correct answer : a

Hanumant's CJQuest Core - Objective Questions on Civil Procedure Code -


Set 10

Q. No. 451
Under which section, any period is fixed or granted by the Court for the
doing of any act prescribed or allowed by this Code, the Court may, in its
discretion, from time to time, enlarge such period
(a) Section 148
(b) Section 149
(c) Section 145
(d) Section 140

.correct answer : a
290

Q. No. 452
Restitution under section 144 of CPC can be
(a) Against witnesses
(b) Against a party to the suit
(c) Both (a) and (b)
(d) Neither (a) nor (b)

.correct answer : b

Q. No. 453
Under S. 139 of CPC, by whom oath on affidavit to be administered?
(a) any Court or Magistrate
(b) any notary appointed under the Notaries Act,
(c) any officer or other person whom a High Court may appoint in this behalf,
(d) Any of the above

.correct answer : d

Q. No. 454
Which section in the Civil Procedure Code deals with the languages of
subordinate Courts?
(a) 135
(b) 137
(c) 136
(d) 135.

.correct answer : b

Q. No. 455
Which is the provision in the CPC which empowers the court for correcting
clerical mistakes in judgments, decrees or orders or errors arising from any
accidental slip or omission?
(a) Section 150
(b) Section 151
(c) Section 152
(d) None of these.
291

.correct answer : c

Q. No. 456
The person competent to lodge a caveat is….
(a) Parties to the suit
(b) Any person
(c) Any person claiming a right to appear before the court on the hearing of an
application
(d) None of these

.correct answer : c

Q. No. 457
Inherent powers of the court under Section 151 may be invoked;
(a) In any case according to the discretion of the court
(b) To meat any contingency
(c) Only when there is no special provision and no relief or remedy provided
(d) None of these.

.correct answer : c

Q. No. 458
The inherent powers are intended
(a) For securing the ends of justice
(b) to prevent abuse of the process of the Court.
(c) Both a and b
(d) None of these.

.correct answer : c

Q. No. 459
The inherent powers are given under
(a) Section 151 of CPC
(b) Section 152 of CPC
(c) Section 153 of CPC
292

(d) Section 154 of CPC

.correct answer : a

Q. No. 460
In which of the following cases it was held that “inherent power has not been
conferred on a court, it is a power inherent in the court (UJS 2002)
(a) Manoharlal V/s Seth Hiralal
(b) Cotton Corporation of India V/s United Industrial Bank
(c) Satyabrat Biswas V/s Kalyan Kumar Kisku
(d) Rajani Bai V/s Kamala Devi

.correct answer : a

Q. No. 461
Right to lodge a caveat has been provided under
(a) Section 145B of CPC
(b) Section 148A of CPC
(c) Section 146A of CPC
(d) Section 147A of CPC

.correct answer : b

Q. No. 462
Lodging of caveat under section 148A of CPC
(a) Makes the caveator a party to the suit
(b) Entitles the caveator to receive notice of the application
(c) Both (a) & (b)
(d) Neither (a) nor (b)

.correct answer : b

Q. No. 463
Under which of the following provisions of CPC, a court can at any stage,
allow the person, to pay the whole or part of Court fee, which he failed to pay
at the first instance?
293

(a) 149
(b) 148
(c) 150
(d) 151

.correct answer : a

Q. No. 464
All orders and notices served on or given to any person under the provisions
of C.P.C. shall be in writing is provided under Section…….of CPC. (UJS
2006)
(a) 141
(b) 142
(c) 143
(d) 144

.correct answer : b

Q. No. 465
Which of the following Section of CPC deals with procedure in appeals from
appellate decrees and orders?
(a) 107
(b) 106
(c) 108
(d) 109

.correct answer : c

Q. No. 466
Under S.109 CPC, an appeal shall lie to the Supreme Court from any
judgment, decree or final order in a civil proceeding of a High Court
(a) if the High Court certifies that the case involves a substantial question of law
of general importance; and
(b) if the High Court certifies that in the opinion of the High Court the said
question needs to be decided by the Supreme Court.
(c) Both a & b
(d) None of these
294

.correct answer : c

Q. No. 467
Which section in the Civil Procedure Code authorises the Courts to make a
reference to the High Court?
(a) 115
(b) 114
(c) 113
(d) 112.

.correct answer : c

Q. No. 468
Which section in the Civil Procedure Code authorises the Courts to make a
review of judgment?
(a) 115
(b) 114
(c) 113
(d) 112.

.correct answer : b

Q. No. 469
Review is maintainable
(a) When no appeal is provided
(b) When an appeal is provided but no appeal preferred
(c) Both (a) & (b)
(d) None of these

.correct answer : c

Q. No. 470
Which section in the Civil Procedure Code deals with ‘revision’?
(a) 115
(b) 114
295

(c) 113
(d) 112.

.correct answer : a

Q. No. 471
The High Court may call for the record of any case which has been decided
by any Court subordinate to such High Court and in which no appeal lies
thereto, and if such subordinate Court appears
(a) to have exercised a jurisdiction not vested in it by law,
(b) to have failed to exercise a jurisdiction so vested,
(c) to have acted in the exercise of its jurisdiction illegally or with material
irregularity,
(d) Any of the above

.correct answer : d

Q. No. 472
Under S. 115 CPC, the High Court shall not, vary or reverse any decree or
order against which an appeal lies either to the High Court or to any Court
subordinate thereto. The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 473
A revision shall not operate as a stay of suit or other proceeding before the,
Court except where such suit or other proceeding is stayed by the High
Court. The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above
296

.correct answer : a

Q. No. 474
Under section 115 of CPC, the revisional jurisdiction is with
(a) The court of small causes
(b) The court of the District Judge
(c) The High Court
(d) All the above

.correct answer : c

Q. No. 475
Who among the following is exempted U/S 132 CPC, from personal
appearance in Court?
(a) Women
(b) Women who, according to the customs and manners of the country
(c) Children
(d) None of the above

.correct answer : b

Q. No. 476
Who among the following is exempted U/S 133 CPC, from personal
appearance in Court?
(a) the Ministers of the Union;
(b) the Judges of the Supreme Court;
(c) the Governors of States and the administrators of Union Territories;
(d) All the above

.correct answer : d

Q. No. 477
Who among the following is exempted U/S 133 CPC, from personal
appearance in Court?
(a) the Speakers of the State Legislative Assemblies/
297

(b) the Chairman of the State Legislative Councils;


(c) the Ministers of States;
(d) All the above

.correct answer : d

Q. No. 478
The list of persons, who were accepted from personal appearance, is given in
Section…….of CPC.
(a) 133
(b) 134
(c) 135
(d) 136.

.correct answer : a

Q. No. 479
Who among the following is exempted U/S 133 CPC, from personal
appearance in Court?
(a) the President of India;
(b) the Vice-President of India;
(c) the Speaker of the House of the People;
(d) All the above

.correct answer : d

Q. No. 480
Which section in the Civil Procedure Code gives exemption of members of
legislative bodies from arrest and detention under civil process?
(a) 135A
(b) 134A
(c) 133A
(d) 132 A

.correct answer : a
298

Q. No. 481
Who among the following is exempted U/S 135A CPC, from arrest and
detention?
(a) MP
(b) MLA
(c) Both a & b
(d) None of these

.correct answer : c

Q. No. 482
Which one of the following is not included in the powers of the appellate
court? (UJS 2002)
(a) To determine the case finally
(b) To try the case de novo
(c) To remand the case
(d) To take additional evidence

.correct answer : b

Q. No. 483
Who among the following is exempted U/S 135 CPC, from arrest?
(a) Judge
(b) Magistrate
(c) Judicial officers
(d) All the above

.correct answer : c

Q. No. 484
Which section in the Civil Procedure Code deals with the procedure where
person to be arrested or property to be attached is outside district?
(a) 135
(b) 136
(c) 133
(d) 132.
299

.correct answer : b

Q. No. 485
A suit under section 92 for removing a Trustee in the case of any alleged
breach of any express or constructive trust created may be filed by the
Advocate General, or two or more persons having an interest in the trust,
with the permission of the court
(a) or in any other court empowered in that behalf by the State Government within
whose jurisdiction the subject matter of trust is situated
(b) in the principal civil court of original jurisdiction
(c) all the above
(d) none of these

.correct answer : c

Q. No. 486
No decree shall be reversed or “substantially varied, nor shall any case be
remanded in appeal on account of any misjoinder or non-joider of parties or
causes of action or any error, defect or irregularity in any proceedings in the
suit, not affecting the merits of the case or the jurisdiction of the Court. The
statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 487
‘A Second appeal may lie under this section from an appellate decree passed
exparte’. The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above
300

.correct answer : a

Q. No. 488
A second appeal may lie to the High Court under section 100
(a) every decree passed in appeal by any Court subordinate to the High Court
(b) From an appellate decree passed exparte
(c) Both a & b
(d) None of these

.correct answer : b

Q. No. 489
A second appeal shall lie to the High Court from every decree passed in
appeal by court subordinate to the High Court if the High Court is satisfied
that……
(a) there is a necessity of re-appreciation of facts
(b) The case involves a substantial question of law
(c) Both a & b.
(d) None of these

.correct answer : b

Q. No. 490
Which of the following are correct regarding second Appeal
(a) The memorandum of appeal shall precisely state the substantial question of law
involved in the appeal.
(b) Where the High Court is satisfied that a substantial question of law is involved
in any case, it shall formulate that question.
(c) The appeal shall be heard on the question so formulated and the respondent
shall, at the hearing of the appeal, be allowed to argue that the case does not
involve such question:
(d) All the above

.correct answer : d
301

Q. No. 491
Which of the following Section of CPC mandates that no decree to be
reversed or modified for error or irregularity not affecting merits or
jurisdiction?
(a) 96
(b) 97
(c) 98
(d) 99

.correct answer : d

Q. No. 492
Under 99 CPC, no decree shall be reversed or “substantially varied, nor shall
any case be remanded in appeal on account of
(a) Mis joinder or non- joinder of parties
(b) Want of Jurisdiction
(c) Defect or irregularity in any proceedings in the suit
(d) All the above

.correct answer : d

Q. No. 493
Which of the following Section of CPC provides ‘ second appeal?
(a) 100
(b) 101
(c) 98
(d) 99

.correct answer : a

Q. No. 494
No second Appeal shall lie from any decree when the subject matter of the
original suit is for recovery of money not exceeding
(a) Rs.5,000/-
(b) Rs.25,000/-
(c) Rs.50,000/-
302

(d) Rs.10,000/-

.correct answer : b

Q. No. 495
No second appeal shall lie except on the ground mentioned in section ….CPC
(a) 100
(b) 101
(c) 98
(d) 99

.correct answer : a

Q. No. 496
Under Sec.…CPC, no second appeal shall lie from any decree, when the
subject matter of the original suit is for recovery of money not exceeding
twenty-five thousand rupees.
(a) 100
(b) 101
(c) 102
(d) 103

.correct answer : c

Q. No. 497
“Disposal of second appeal without formulating the substantial question of
law is (2008)3 SCC 99.
(a) Permissible
(b) Not permissible
(c) Depends
(d) None of the above

.correct answer : b

Q. No. 498
‘An appellate Court shall have the power to take additional evidence or to
303

require such evidence to be taken’. The statement is


(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 499
Which of the following Section of CPC deals with the powers of Appellate
Court?
(a) 107
(b) 106
(c) 105
(d) 109

.correct answer : a

Q. No. 500
Which of the following include the powers of Appellate Court?
(a) to determine a case finally
(b) to remand a case
(c) to frame issues and refer them for trial
(d) All the above

.correct answer : d

Q. No. 501
From which of the following orders, an appeal shall lie as provided U/S. 104
CPC
(a) an order under section 35A
(b) an order under section 91 or section 92 refusing leave to institute a suit of the
nature referred to in section 91 or section 92, as the case may be
(c) an order under section 95;
(d) All the above

.correct answer : d
304

Q. No. 502
From which of the following orders, an appeal shall lie as provided U/S. 104
CPC.
(a) an order under any of the provisions of this Code imposing a fine or directing
the arrest or detention in the civil prison of any person except where such arrest or
detention is in execution of a decree;
(b) any order made under rules from which an appeal is expressly allowed by
rules;
(c) Both a & b
(d) None of these

.correct answer : c

Q. No. 503
Under S.103 CPC, n any second appeal, the High Court may, if the evidence
on the record is sufficient, determine any issue necessary for the disposal of
the appeal
(a) which has not been determined by the lower Appellate Court or both by the
Court of first instance and the lower Appellate Court, or
(b) which has been wrongly determined by such Court or Courts reason of a
decision on such question of law as is referred to in section 100
(c) Both a & b
(d) None of these

.correct answer : c

Q. No. 504
Which of the following Section of CPC deals with ‘orders from which appeal
lies?
(a) 100
(b) 101
(c) 103
(d) 104

.correct answer : d
305

Q. No. 505
Where plaintiff omits to sue in respect of, or intentionally relinquishes, any
portion of the claim
(a) He is entitled to sue in respect of the portion so omitted or relinquished
(b) He shall not, afterwards sue in respect of the portion so omitted relinquished
(c) Both
(d) None of these

.correct answer : b

Q. No. 506
In all cases where issues are settled, any objection on the ground of
misjoinder of causes of action shall be taken
(a) Before judgment is pronounced
(b) At the earliest possible opportunity
(c) At or before such settlement
(d) None of these

.correct answer : c

Q. No. 507
Substituted service of summons, in case of the defendant avoiding service of
summons may be effected by;
(a) In such other manner as the court thinks fit
(b) Affixing a copy of the summons upon some conspicuous part of the house in
which the defendant is known to have last resided or carried on business or
personally worked for gain
(c) Affixing a copy of the summons in some conspicuous place in the Court house
(d) All the above

.correct answer : d

Q. No. 508
Which of the following provision of CPC mandates that ‘Every summons
shall be accompanied by a copy of the plaint’?
(a) O.V R.2
306

(b) O.1 R.1


(c) O.V R.1
(d) O.1V.R.1

.correct answer : a

Q. No. 509
Where the defendant resides within the jurisdiction of another Court, a
summons may be sent by the Court by which it is issued to the Court having
jurisdiction in the place where the defendant resides
(a) By courier service approved by the High Court
(b) By fax message or post or electronic mail service
(c) By one of its officers
(d) All the above

.correct answer : d

Q. No. 510
Which of the following Order deals with issue and service of summons?
(a) O.V
(b) O.VI
(c) O.VII
(d) O.IV

.correct answer : a

Q. No. 511
Which of the following provision of CPC mandates that ‘Every suit shall be
instituted by presenting a plaint in duplicate to the Court or such officer as it
appoints in this behalf’?
(a) O.V R.10
(b) O.1 R.1
(c) O.V R.1
(d) O.1V.R.1

.correct answer : d
307

Q. No. 512
The book in which the particulars of every suit are entered in the court is
called……..
(a) Case Register
(b) The register of civil suits
(c) Both (a) & (b)
(d) None of these

.correct answer : b

Q. No. 513
Which of the following Order deals with institution of plaints?
(a) O.V
(b) O.VI
(c) O.VII
(d) O.IV

.correct answer : d

Q. No. 514
Every suit shall be instituted by presenting a plaint in
(a) Duplicate
(b) Triplicate
(c) Either a or b
(d) None of these

.correct answer : a

Q. No. 515
Where the court is satisfied that there is reason to believe that the defendant
is avoiding service of summons, the Court shall order
(a) Service by the officers of the court
(b) Service by post
(c) Substituted service
(d) None of these
308

.correct answer : c

Q. No. 516
Under O V R.1 CPC, When a suit has been duly instituted a summons may be
issued to the defendant to answer the claim or to file the written statement of
his defence
(a) Within 60 days from the date of service of summons
(b) Within 15 days from the date of service of summons
(c) Within 30 days from the date of service of summons on that defendant
(d) None of these

.correct answer : c

Q. No. 517
Under O V R.15 CPC, Where in any suit, the defendant is absent from his
residence and there is no likelihood of his being found at his residence within
a reasonable time and he has no agent, service of the summons may be made
on……
(a) On a statement who is residing with him
(b) Any adult male member of his family who is residing with him
(c) Any adult member of the family whether male or female, who is residing with
him
(d) None of these

.correct answer : c

Q. No. 518
Under O.V. R.4, no party shall be ordered to appear in person unless he
resides—
(a) within the local limits of the Court’s ordinary original jurisdiction, or
(b) without such limits but at place less than fifty or (where there is railway
steamer communication or other established public conveyance for five-sixths
( the distance between the place where he resides and the place where the Court
situate) less than two hundred miles distance from the Court-house.
(c) Both (a) & (b)
(d) None of these
309

.correct answer : c

Q. No. 519
Service of summons by courier is introduced by way of Amendment in
(a) 2002
(b) 2003
(c) 2004
(d) 2000

.correct answer : a

Q. No. 520
The service of summons under O.V R.9 (3) shall be at the expense of
(a) Court
(b) Plaintiff
(c) Defendant
(d) Any of the above

.correct answer : b

Q. No. 521
Under O V . R.11 CPC, Where there re more defendants than one…..
(a) Service of the summons shall be made to any one of the defendant
(b) Service of the summons, shall, unless otherwise prescribed, be made on each
defendant
(c) Both (a) & (b)
(d) None of these

.correct answer : b

Q. No. 522
Under O V R.1 , the maximum period in special circumstances that a Court
can allow the defendant file written statement of defence is;
(a) Thirty days
(b) Sixty days
310

(c) Not later than ninety days from the date of service of summons
(d) None of these

.correct answer : c

Q. No. 523
A defendant to whom a summons has been issued under sub-rule (1) m
appear—
(a) in person,
(b) by a pleader duly instructed and able to answer all material questions relati to
the suit,
(c) by a pleader accompanied by some person able to answer all such questiot
(d) Any of the above

.correct answer : d

Q. No. 524
Every summons issued under O.V R.1
(a) shall be signed by the Judge or such officer as appoints,
(b) shall be sealed with the seal of the Court
(c) Both (a) & (b)
(d) None of these

.correct answer : c

Q. No. 525
Which of the following is a leading case on the exclusion of the jurisdiction of
civil courts?
(a) Dhulabhai V. State of M.P.
(b) Gundaji V. Ramchandra
(c) Noor Moh
(d) Khan V. Fakirappa d. All of the above

.correct answer : a

Q. No. 526
311

In which of the following case, the plaint will be ordered to be returned for
presentation to the proper court: (UPHJS 2009)
(a) The plaintiff frames his suit in a manner not warranted by the facts and goes
for his relief to a court which cannot grant him
(b) The plaintiff chooses a wrong court in respect of territorial limits
(c) The plaintiff chooses a wrong court in respect of pecuniary limits
(d) Both (B) and (C)

.correct answer : d

Q. No. 527
An ex-parte decree against defendant can be set aside if he satisfies the Court
that
(a) the summons was not duly served
(b) that he was prevented by any sufficient cause from appearing when the suit
was called on for hearing
(c) either a or b
(d) None of the above

.correct answer : c

Q. No. 528
Setting aside ex-parte decree against the Defendants is provided in
(a) Order IX Rule 12 of CPC
(b) Order IX Rule 14 of CPC
(c) Order IX Rule 13 of CPC
(d) Order IX Rule 18 of CPC

.correct answer : c

Q. No. 529
In execution of a decree a movable property is auction sold by the executing
court. The auction purchaser deposits the entire auction price then and there
even before expiry of 30 days and takes the delivery of the auctioned
property. An objection complaining that the auction was conducted with
material irregularity is filed within 30 days from the date of auction. State
which one of the following is legally correct? (UPHJS 2009)
312

(a) Objection is maintainable as it has been filed within 30 days of the auction
(b) Auction sale is vitiated as the auction property has been delivered without
waiting for its confirmation within 30 days of auction
(c) No confirmation of sale is required in the present case
(d) None of the above is correct

.correct answer : c

Q. No. 530
Whether the following proposition is legally correct or not? “The principle so
far as it relates to the amendment of plaint is equally applicable to the
amendment of written statement. By way of amendment in plaint a time
barred plea cannot be allowed to be raised so also in the case of written
statement.” (UPHJS 2009)
(a) Correct
(b) Incorrect
(c) Partially correct
(d) None of the above is applicable

.correct answer : a

Q. No. 531
In a miscellaneous appeal arising out of a pending suit defendant appealant
dies and an application for substitution is filed and allowed. Appeal is decided
three years thereafter. Subsequently, when the suit is taken up, an objection
that the suit has abated as no application to substitute the heirs of the
deceased was filed therein within the prescribed period, is raised from the
side of the defendant. Suggest the stand legally open to such plaintiff?
(UPHJS 2009)
(a) Plaintiff may apply for substitution with an application for condonation of
delay
(b) Information of death of defendant was not given to the trial court, therefore,
shelter of Order 22 Rule 10 CPC may be invoked
(c) Record of the trial court was in appeal and thus, the plaintiff was prevented by
sufficient cause in not filing the substitution application earlier
(d) The substitution allowed in miscellaneous appeal would ensure in the suit also
and application for substitution is not required as the heirs are on the record

.correct answer : d
313

Q. No. 532
‘Discovery by interrogatories’ is provided under
(a) Order X Rule 1 of CPC
(b) Order XI Rule 1 of CPC
(c) Order IX Rule 2 of CPC
(d) Order XII Rule 18 of CPC

.correct answer : b

Q. No. 533
A decree can be set aside under O.IX R.13 can be set aside
(a) Without notice to opposite party
(b) Only after serving notice to opposite party
(c) Either a or b
(d) None of the above

.correct answer : b

Q. No. 534
An application for interrogatories should be decide by the Court within
…..days of application.
(a) 7
(b) 12
(c) 14
(d) 21

.correct answer : a

Q. No. 535
Any documentary evidence, in possession of the party not filed under Order
13 Rule 1 of CPC, the party is
(a) Excluded from filing the same at a subsequent stage of the proceeding.
(b) Not excluded from filing the same at a subsequent stage of proceedings
without any leave of the court
(c) Not excluded from filing the same at a subsequent stage of proceedings but can
314

file the same only with the leave of the court.


(d) None of the above

.correct answer : c

Q. No. 536
Under Order 13 Rule 1 of CPC, all the documentary evidence in original by
the parties must be filed
(a) Before the trial commences
(b) After the settlement of issues
(c) At or before the settlement of issues
(d) At any time

.correct answer : c

Q. No. 537
Judgment on admission can be given
(a) Under Order 12 Rule 1 of CPC
(b) Under Order 12 Rule 2 of CPC
(c) Under Order 12 Rule 6 of CPC
(d) Under Order 13 Rule 3 of CPC

.correct answer : c

Q. No. 538
Grounds for setting aside interrogatories contained in Order 11 Rule 7 of
CPC are
(a) Scandalous
(b) Oppressive
(c) Prolix
(d) All the above

.correct answer : d

Q. No. 539
Interrogatories can be set aside or struck of, on an application under Order
315

11 Rule 7 of CPC made within


(a) 15 days of service of interrogatories
(b) 14 days of service of interrogatories
(c) 10 days of service of interrogatories
(d) 7 days of service of interrogatories

.correct answer : d

Q. No. 540
Written questions answerable on oath relating to any matter relevant to an
action, which a party may administer, with the permission of the Court are
(a) Discovery
(b) Affidavits
(c) Interrogatories
(d) none of the above

.correct answer : c

Q. No. 541
Interrogatories should be answered by affidavits within……….days.
(a) 7
(b) 10
(c) 14
(d) 21

.correct answer : b

Q. No. 542
Interrogatories shall be answered by
(a) Affidavits
(b) Oral evidence
(c) Written Statements
(d) Any of the above

.correct answer : a
316

Q. No. 543
Which of the following Rules deals with’ framing of issues’
(a) Order XV Rule 1 of CPC
(b) Order XIV Rule 1 of CPC
(c) Order XIV Rule 2 of CPC
(d) Order XIII Rule 1 of CPC

.correct answer : b

Q. No. 544
Admitted Documents can be returned under
(a) Order XIII Rule 3 of CPC
(b) Order XIII Rule 5 of CPC
(c) Order XIII Rule 9 of CPC
(d) Order XIII Rule 8 of CPC

.correct answer : c

Q. No. 545
Issues are
(a) issues of fact,
(b) issues of law
(c) Both a and b
(d) None of the above

.correct answer : c

Q. No. 546
Material propositions are those propositions of law or fact which a plaintiff
must allege in order to show a right to sue or a defendant must allege in order
to constitute his defence. The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above
317

.correct answer : a

Q. No. 547
Issues can be altered
(a) Under Order 14 Rule 6 of CPC
(b) Under Order 14 Rule 5 of CPC
(c) Under Order 14 Rule 3 of CPC
(d) Under Order 15 Rule 5 of CPC

.correct answer : b

Q. No. 548
Each material proposition affirmed by one party denied by the other shall
form the subject of distinct
(a) issues
(b) suit
(c) case
(d) None of the above

.correct answer : a

Q. No. 549
Where the Court is of opinion that the issues cannot be correctly framed
without the examination of some person not before the Court or without the
inspection of some document not produced in the suit, it may adjourn the
framing of the issues to a day not later than ……………… and may compel
the attendance of any person or the production of any document by the
person in whose possession or power it is by summons or other process
(a) 7
(b) 10
(c) 14
(d) 21

.correct answer : a
318

Q. No. 550
The Court may frame the issues from which of following materials?
(a) allegations made on oath by the parties, or by any persons present on their
behalf, or made by the pleaders of such parties;
(b) allegations made in the pleadings or in answers to interrogatories delivered in
the suit;
(c) the contents of documents by either party.
(d) All or any of the above

.correct answer : d

Q. No. 551
In a suit, the list of witnesses has to be filed by the parties
(a) Not later than 15 days after settlement of issues
(b) Before settlement of issues
(c) At any time
(d) All the above

.correct answer : a

Q. No. 552
Where at the first hearing of a suit it appears that the parties are not at issue
on any question of law or of fact, the Court may
(a) At once pronounce judgment
(b) Dismiss the suit
(c) Adjourn the suit
(d) None of these

.correct answer : a

Q. No. 553
Which of the following Orders deals with summoning and attendance of
witnesses?
(a) O.XV
(b) O.XVI
(c) O.XVII
(d) O.XVIII
319

.correct answer : b

Q. No. 554
Issues arise when
(a) a material proposition of fact or law is admitted by the one party
(b) when a material proposition of fact or law is affirmed by the one party and
denied by the other
(c) either a or b
(d) None of the above

.correct answer : b

Q. No. 555
‘Recording of evidence’ is dealt with under
(a) Under Order XVII Rule 4 of CPC
(b) Under Order XVIII Rule 4 of CPC
(c) Under Order XV Rule 4 of CPC
(d) Under Order XVI Rule 4of CPC

.correct answer : b

Q. No. 556
Which of the following is correct?
(a) when the hearing of the suit has commenced, it shall be continued from day-to-
day unti1 all the witnesses in attendance have been examined, unless the Court
finds that, for the exceptional reasons to be recorded by it, the adjournment of the
hearing beyond the following day is necessary.
(b) no adjournment shall be granted at the request of a party, except where the
circumstances are beyond the control of that party.
(c) the fact that the pleader of a party is engaged in another Court, shall not be a
ground for adjournment.
(d) All the above

.correct answer : d
320

Q. No. 557
No such adjournment shall be granted more than ……….. times to a party
during hearing of the suit
(a) 3
(b) 4
(c) 5
(d) 6.

.correct answer : a

Q. No. 558
Adjournment can be granted
(a) Under Order 17 Rule 5 of CPC
(b) Under Order 17 Rule 1 of CPC
(c) Under Order 17 Rule 2 of CPC
(d) Under Order 17 Rule 3 of CPC

.correct answer : b

Q. No. 559
Power of the Court to inspect any property or thing concerning which any
question may arise is provided under
(a) Under Order XVII Rule 18 of CPC
(b) Under Order XVIII Rule 18 of CPC
(c) Under Order XV Rule 17 of CPC
(d) Under Order XVI Rule 17of CPC

.correct answer : b

Q. No. 560
Power to recall and examine witnesses is dealt with under
(a) Under Order XVII Rule 17 of CPC
(b) Under Order XVIII Rule 17 of CPC
(c) Under Order XV Rule 17 of CPC
(d) Under Order XVI Rule 17of CPC
321

.correct answer : b

Q. No. 561
When the evidence is recorded by commission, the report of the
Commissioner shall be submitted to the Court appointing the commission
within …………..days from the date of issue of the commission unless the
Court for reasons to be recorded in writing extends the time
(a) 60
(b) 30
(c) 90
(d) 120

.correct answer : a

Q. No. 562
In every case, the examination-in-chief of a witness shall be on
(a) Affidavit
(b) Oral evidence
(c) Commission
(d) None of these

.correct answer : a

Q. No. 563
Where a witness fails to appear before the court, without any reasonable
ground, under Order 16 Rule 12 of CPC, such a witness can be ordered to
pay an amount not exceeding
(a) Rs.1000
(b) Rs.500
(c) Rs.250
(d) Rs.100

.correct answer : b

Q. No. 564
322

‘Procedure where witness fails to comply with summonses is described in


(a) Under Order 16 Rule 10 of CPC
(b) Under Order 16 Rule 1 of CPC
(c) Under Order 16 Rule 2 of CPC
(d) Under Order 16 Rule 9 of CPC

.correct answer : a

Q. No. 565
A plaint can be rejected under
(a) Order VII Rule 11 of CPC
(b) Order VII Rule 4 of CPC
(c) Order VII Rule 10 of CPC
(d) Order VII Rule 2 of CPC

.correct answer : a

Q. No. 566
The rejection of the plaint shall not of its own force preclude the plaintiff
from presenting a fresh plaint in respect of the same cause of action. The
statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 567
Which of the following deals with written statement?
(a) Order VII Rule 1 of CPC
(b) Order VIII Rule 1 of CPC
(c) Order VI Rule 1 of CPC
(d) Order V Rule 1 of CPC

.correct answer : b
323

Q. No. 568
Under Order 6 Rule 15 of CPC pleading must be verified by
(a) Pleader
(b) Any one of the parties
(c) All the parties if there are more than one or any one of the parties
(d) Notary public

.correct answer : c

Q. No. 569
Set-off is a
(a) Reciprocal agreement between the plaintiff and defendant
(b) Reciprocal ascertainment of debts between the parties
(c) Plea of the defendant
(d) None of the above

.correct answer : b

Q. No. 570
A plaint can be returned under
(a) Order VII Rule 9 of CPC
(b) Order VII Rule 4 of CPC
(c) Order VII Rule 10 of CPC
(d) Order VII Rule 2 of CPC

.correct answer : c

Q. No. 571
Set-Off can be claimed in
(a) suit for recovery of money only
(b) In any suit
(c) Either (a) or (b)
(d) none of the above

.correct answer : a
324

Q. No. 572
Dates, sums and numbers shall be expressed in a pleading in
(a) Charts
(b) Words only
(c) Figures only
(d) Figures as well as in words

.correct answer : d

Q. No. 573
Where the Court is satisfied that there is reason to believe that the defendant
is avoiding service of summons, the Court shall order
(a) Service by police
(b) Service courier
(c) Substituted service
(d) Service by post

.correct answer : c

Q. No. 574
If a plaintiff fails to sue for the whole of the claim which he is entitled to make
in respect of a cause of action in the first suit, then he is precluded from suing
in the suit in respect of portion so omitted, by virtue of
(a) Order 2 Rule 5 of CPC
(b) Order 2 Rule 4 of CPC
(c) Order 2 Rule 3 of CPC
(d) Order 2 Rule 2 of CPC

.correct answer : c

Q. No. 575
Which of the following are correct?
(a) A bequeaths Rs. 2,000 to B and appoints C his executor and residuary legatee.
B dies and D takes out administration to B’s effect, C pays Rs. 1,000 as surety for
D: then D sues C for the legacy. C cannot set-off the debt of Rs. 1,000 against the
legacy, for neither C nor D fills the same character with respect to the legacy as
325

they fill with respect to the payment of Rs. 1,000.


(b) A dies intestate and in debt to B, C takes out administration to A’s effects and
B buys part of the effects from C. In a suit for the purchase-money by C against B,
the latter cannot set-off the debt against the price, for C fills two different
characters, one as the vendor to B, in which he sues B, and the other as
representative to A.
(c) A sues B on a bill of exchange. B alleges that A has wrongfully neglected to
insure B’s goods and is liable to him in compensation which he claims to set-off.
The amount not being ascertained cannot be set-off.
(d) All the above

.correct answer : d

Q. No. 576
Which of the following are correct?
(a) A sues B on a bill of exchange for Rs. 500. B holds a judgment against A for
Rs. 1,000. The two claims being both definite, pecuniary demands may be set-off.
(b) A sues B for compensation on account of trespass. B holds a promissory note
for Rs.1,000 from A and claims to set-off that amount against any sum that A may
recover in the suit. B may do so, for as soon as A recovers, both sums are definite
pecuniary demands.
(c) A and B sue C for Rs. 1,000 C cannot set-off a debt due to him by A alone.
(d) All the above

.correct answer : d

Q. No. 577
Under O. VIII R.6A, the counter claim shall be treated as
(a) Plaint
(b) Written statement
(c) Separate suit
(d) none of these

.correct answer : a

Q. No. 578
A owes the partnership firm of B and C Rs. 1,000 B dies, leaving C surviving.
326

A sues C for a debt of Rs. 1,500 due in his separate character.


(a) C may set-off the debt of Rs. 1,000
(b) C cannot set-off the debt of Rs. 1,000
(c) Depends
(d) None of the above

.correct answer : a

Q. No. 579
Which of the following can exceed the pecuniary jurisdiction of the court?
(a) Set off
(b) Counter claim
(c) Both a. and b.
(d) Neither a. nor b.

.correct answer : c

Q. No. 580
Counter claim has been dealt with,
(a) Under Order 8 Rule 6D of CPC
(b) Under Order 8 Rule 6C of CPC
(c) Under Order 8 Rule 6A of CPC
(d) Under Order 8 Rule 6 of CPC

.correct answer : c

Q. No. 581
‘ Set-off’ has been provided
(a) Under Order VIII Rule 6 of CPC
(b) Under Order VI Rule 6 of CPC
(c) Under Order VII Rule 6 of CPC
(d) Under Order V Rule 6 of CPC

.correct answer : a

Q. No. 582
327

In a written statement, a defendant can claim


(a) Set off & counter claim
(b) Counter claim
(c) Set off
(d) Neither (a) or (b)

.correct answer : a

Q. No. 583
The defendant shall, within ……………. days from the date of service of
summons on him, present a written statement of his defence.
(a) 30
(b) 45
(c) 60
(d) 14

.correct answer : a

Q. No. 584
Where the defendant fails to file the written statement within the said period
of thirty days, he shall be allowed to file the same on such other day, as may
be specified by the Court, for reasons to be recorded in writing, but which
shall not be later than …………….. days from the date of service of summons
(a) 30
(b) 45
(c) 60
(d) 90

.correct answer : d

Q. No. 585
A suit dismissed for non- appearance can be
(a) Restored
(b) Cannot be restored
(c) Depends
(d) Any of the above
328

.correct answer : a

Q. No. 586
A suit dismissed for non-appearance of parties can be restored under
(a) Order IX Rule 2 of CPC
(b) Order IX Rule 4 of CPC
(c) Order X Rule 1 of CPC
(d) Order X Rule 1 of CPC

.correct answer : b

Q. No. 587
Where after a summons has been issued to the defendant, or to one of several
defendants, and returned unserved the plaintiff fails, for a periods of
…………… from the date of the return made to the Court by the officer
ordinarily certifying to the Court returns made by the serving officers, to
apply for the issue of a fresh summons the Court shall make an order that the
suit be dismissed as against such defendant.
(a) 7
(b) 14
(c) 10
(d) 21

.correct answer : a

Q. No. 588
The procedure when only plaintiffs appear is mentioned in
(a) Order IX Rule 2 of CPC
(b) Order IX Rule 4 of CPC
(c) Order IX Rule 6 of CPC
(d) Order X Rule 1 of CPC

.correct answer : c

Q. No. 589
329

Where it is owing to the plaintiffs’ default that the summons was not duly
served or was not served in sufficient time, the Court shall order Costs to
(a) Plaintiff
(b) Defendant
(c) Either a or b
(d) None of these

.correct answer : a

Q. No. 590
The Court may at any time require a written statement or additional written
statement from any of the parties and fix a time of not more than …………..
days for presenting the same
(a) 30
(b) 45
(c) 60
(d) 90

.correct answer : a

Q. No. 591
Where on the day so fixed it is found that the summons has not been served
upon the defendant in consequence of the failure of the plaintiff to pay the
court-fee or postal charges, if any, chargeable for such service, or failure to
present copies of the plaint as required by rule 9 of Order VII, the Court may
make an order that the suit be……..
(a) Adjourned
(b) Rejected
(c) Dismissed
(d) Any of the above

.correct answer : c

Q. No. 592
Order IX CPC deals with
(a) Summons to witnesses
(b) Appearance of parties and consequences of non-appearance
330

(c) Written statements


(d) Set-off

.correct answer : b

Q. No. 593
Where neither party appears when the suit is called on for hearing, the Court
may make an order that the suit be
(a) Adjourned
(b) Rejected
(c) Dismissed
(d) Any of the above

.correct answer : c

Q. No. 594
Which of the following mandates that where neither party appears when the
suit is called on for hearing, the Court may make an order that the suit be
dismissed?
(a) Order IX Rule 2 of CPC
(b) Order IX Rule 3 of CPC
(c) Order X Rule 1 of CPC
(d) Order X Rule 1 of CPC

.correct answer : b

Q. No. 595
Time for instituting a suit can be enlarged by invoking which of the following
provisions? (UPHJS 2009)
(a) Section 151 C.P.C.
(b) Section 5 of the Limitation Act, 1963
(c) Section 148 C.P.C.
(d) None of the above

.correct answer : d
331

Q. No. 596
An application for execution of a decree is filed with some delay i.e. beyond
prescribed period of limitation- (UPHJS 2009)
(a) delay can be condoned by invoking Section 5 of the Limitation Act
(b) delay can be condoned under Section 148 C.P.C.
(c) delay can be condoned under the inherent powers of the court under Section
151 C.P.C.
(d) None of the above

.correct answer : d

Q. No. 597
Setting aside the order of dismissal passes under Order IX Rule 8 of CPCis
provided in
(a) Order IX Rule 2 of CPC
(b) Order IX Rule 4 of CPC
(c) Order IX Rule 9 of CPC
(d) Order IX Rule 8 of CPC

.correct answer : c

Q. No. 598
Time prescribed for filing which of the followings cannot be extended or
condoned by applying provisions of Section 5 of the Limitation Act? (UPHJS
2009)
(a) Revision under Section 115 C.P.C.
(b) Application for execution under Order XXI C.P.C.
(c) Appeal under Section 96, 100 and 104 C.P.C.
(d) Application for substitution under Order XXII C.P.C.

.correct answer : c

Q. No. 599
Where the plaintiff appears and the defendant does not appear when the suit
is called on for hearing,- if it is proved that the summons was duly served, the
Court may make an order
332

(a) The suit be heard ex-parte


(b) Direct a second summons to be issued and served on the defendant
(c) the Court shall postpone the hearing of the suit to future day to be fixed by the
Court, and shall direct notice of such day to be given to the defendant
(d) None of these

.correct answer : a

Q. No. 600
Where the plaintiff appears and the defendant does not appear when the suit
is called on for hearing, then if it is not proved that the summons was duly
serve, the Court shall
(a) The suit be heard ex-parte
(b) Direct a second summons to be issued and served on the defendant
(c) The Court shall postpone the hearing of the suit to future day to be fixed by the
Court, and shall direct notice of such day to be given to the defendant
(d) None of these

.correct answer : b

Q. No. 601
‘Procedure where defendant only appears’ is mentioned in
(a) Order IX Rule 2 of CPC
(b) Order IX Rule 4 of CPC
(c) Order IX Rule 6 of CPC
(d) Order IX Rule 8 of CPC

.correct answer : d

Q. No. 602
Where a suit is wholly or partly dismissed under rule 8, the plaintiff shall be
precluded from bringing a fresh suit in respect of the same cause of action.
The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above
333

.correct answer : a

Q. No. 603
Where the plaintiff appears and the defendant does not appear when the suit
is called on for hearing, When summons served but not in due time-if it is
proved that the summons was served on the defendant, but not in sufficient
time to enable him to appear and answer on the day fixed in the summons
(a) The suit be heard ex-parte
(b) Direct a second summons to be issued and served on the defendant
(c) The Court shall postpone the hearing of the suit to future day to be fixed by the
Court, and shall direct notice of such day to be given to the defendant
(d) None of these

.correct answer : c

Q. No. 604
Where the defendant appears and the plaintiff does not appear when the suit
is called on for hearing, the Court shall make an order that the suit be
(a) Adjourned
(b) Rejected
(c) Dismissed
(d) Any of the above

.correct answer : c

Q. No. 605
Amendment of pleadings can be allowed
(a) At any stage
(b) Before the settle of issues
(c) No application for amendment shall be allowed after the trial has commenced,
unless the Court conies to the conclusion that in spite of due diligence, the party
could not have raised the matter before the commencement of trial
(d) None of the above

.correct answer : c
334

Q. No. 606
‘Particulars to be contained in Plaint’ is mentioned in
(a) O.V1 R.15
(b) O.V1 R.12
(c) O.VII R.1
(d) O.1V.R.14

.correct answer : c

Q. No. 607
If a party who has obtained an order for leave to amend does not amend
accordingly within the time limited for that purpose by the order, or if no
time is thereby limited then within ……………. from the date of the order, he
shall not be permitted to amend after the expiration such time unless the time
is extended by the Court
(a) 14 Days
(b) 30 Days
(c) 7 Days
(d) 21 Days

.correct answer : a

Q. No. 608
‘Where the subject-matter of the suit is immovable property, the plaint shall
contain a description of the property sufficient to identify it, and, in case such
property can be identified by boundaries or numbers in a record of
settlement or survey, the plaint shall specify such boundaries or numbers.’
This is contained in
(a) O.VI1 R.1
(b) O.VI1 R.2
(c) O.VII R.3
(d) O.VII.R.4

.correct answer : c

Q. No. 609
335

‘Where the subject-matter of the suit is immovable property, the plaint shall
contain a description of the property sufficient to identify it, and, in case such
property can be identified by boundaries or numbers in a record of
settlement or survey, the plaint shall specify such boundaries or numbers.’
The statement is
(a) True
(b) False
(c) Partly correct
(d) None of the above

.correct answer : a

Q. No. 610
Where the plaintiff seeks relief in respect of several distinct claims or causes
of action founded upon separate and distinct grounds, they shall be stated, as
far as may be ________
(a) Separately alone
(b) Separately and distinctly
(c) Either separately or distinctly
(d) Non eof the above

.correct answer : b

Q. No. 611
When Plaintiff sues as representative the plaint shall show
(a) that he has an actual existing interest in the subject-matter
(b) that he has taken the steps (if any) necessary to enable him to institute a suit
concerning it
(c) Both (a) & (b)
(d) None of these

.correct answer : c

Q. No. 612
A plaint shall contain
(a) where the plaintiff or the defendant is a minor or a person of unsound mind, a
statement to that effect;
336

(b) the facts constituting the cause of action and when it arose;
(c) the facts showing that the Court has jurisdiction;
(d) All the above

.correct answer : d

Q. No. 613
A plaint shall contain
(a) the name of the Court in which the suit is brought;
(b) the name, description and place of residence of the plaintiff;
(c) the name, description and place of residence of the defendant, so far as they
can be ascertained;
(d) All the above

.correct answer : d

Q. No. 614
In money suit the plaint shall state
(a) Precise amount claimed
(b) Only principal amount
(c) Only principal amount and interest
(d) All the above

.correct answer : a

Q. No. 615
A plaint shall contain
(a) the relief which the plaintiff claims;
(b) where the plaintiff has allowed a set-off or relinquished a portion of his claim,
the amount so allowed or relinquished
(c) a statement of the value of the subject-matter of the suit for the purposes of
jurisdiction and of court fees, so far as the case admits.
(d) All the above

.correct answer : d
337

Q. No. 616
Which of the following provision of CPC deals with substituted service of
summonses?
(a) O.V R.20
(b) O.1 R.10
(c) O.V R.17
(d) O.1V.R.15

.correct answer : a

Q. No. 617
‘Amendment of pleadings’ is provided in
(a) O.V1 R.15
(b) O.V1 R.12
(c) O.VI R.17
(d) O.1V.R.14

.correct answer : c

Q. No. 618
The Court may at any stage of the proceedings order to be struck out or
amended any matter in any pleading
(a) which may be unnecessary, scandalous, frivolous or vexatious, or
(b) which may tend to prejudice, embarrass or delay the fair trail of the suit, or
(c) which is otherwise an abuse of the process of the Court.
(d) All the above

.correct answer : d

Q. No. 619
‘Striking out of pleadings’ is provided in
(a) O.VI R.15
(b) O.VI R.12
(c) O.VI R.16
(d) O.IV R.14
338

.correct answer : c

Q. No. 620
Which of the following rule of CPC mandates that, every pleading shall be
verified at the foot by the party or by one of the parties pleading or by some
other person proved to the satisfaction of the Court to be acquainted with the
facts of the case
(a) O.VI R.15
(b) O.VI R.12
(c) O.VII R.13
(d) O.IV R.14

.correct answer : a

Q. No. 621
Which of the following Orders deals with pleadings generally ?
(a) Order V
(b) Order VI
(c) Order VII
(d) None of the above

.correct answer : b

Q. No. 622
Every Pleading must be signed by
(a) Party
(b) Pleader
(c) Party and pleader
(d) Party and witnesses

.correct answer : c

Q. No. 623
Which of the following rule of CPC mandates that pleading to state material
facts only ant not evidence?
339

(a) O.V1 R.2


(b) O.V1 R.1
(c) O.VII R.1
(d) O.1V.R.1

.correct answer : a

Q. No. 624
Which of the following rule of CPC defines ‘pleading?
(a) O.V1 R.2
(b) O.V1 R.1
(c) O.VII R.1
(d) O.1V.R.1

.correct answer : b
340

Criminal Procedure Code


341

Objective Questions on Criminal Procedure Code.

Q. No. 1
The object of investigation is (DJS 2005, UJS – 2002)
(a) To arrest the accused
(b) To punish the accused
(c) To collect evidence against the accused
(d) None of these

.correct answer : c

Q. No. 2
Which of the following offence was made non bailable by the Cr.P.C.
Amendment Act 2005?
(a) 325
(b) 353
(c) 328
(d) 331

.correct answer : b

Q. No. 3
Which one of the following proceedings is known as judicial proceeding? (MP
APO -2002)
(a) Investigation
(b) Enquiry and Investigation
(c) Enquiry and Trial
(d) Trial and Investigation

.correct answer : c

Q. No. 4
In a first information an offence is cognizable and other is non-cognizable.
The whole case shall be deemed to be (DJS 2005)
(a) Cognizable
(b) Non-cognizable
342

(c) It is to be seen whether it is a Warrant case


(d) It is to be seen whether it is a summons case

.correct answer : a

Q. No. 5
In the Indian Constitution Criminal Procedure is included in the…….
(a) Concurrent list
(b) Union list
(c) State list
(d) Either a. or b.

.correct answer : a

Q. No. 6
Which of the following section inserted as per the Cr.P.C. (Amendment) Act
2005?
(a) 105A
(b) 166 A
(c) 50 A
(d) 433A

.correct answer : c

Q. No. 7
Offence under S. 324 is
(a) Compoundable
(b) Non-Compoundable
(c) Compoundable with permission of court
(d) Non of these

.correct answer : c

Q. No. 8
In which of the following Cases the Supreme court has held that “the
Magistrate has ample powers to direct the officer in charge of the concerned
343

police station to hold a proper investigation and take all such necessary steps
that may be necessary for ensuring a proper investigation including
monitoring the same”
(a) CBI Vs State of Rajasthan
(b) . Sakiri Vasu Vs State of U.P
(c) Manjt Pal Singh Vs State of Punjab
(d) . Ramachandran Vs Udaya Kumar

.correct answer : b

Q. No. 9
In computing the period limitation in a criminal case,
(a) The day from which such period is to be computed shall not be excluded.
(b) The day from which such period is to be computed shall be excluded.
(c) The day from which such period is to be computed shall either be excluded or
include
(d) d. None of these.

.correct answer : b

Q. No. 10
A report made by a police officer in a case which discloses a commission of a
non cognizable offence after investigation shall deemed to be
(a) Police report
(b) Charge sheet
(c) Complaint
(d) Final report

.correct answer : c

Q. No. 11
All the proceedings for the collection of evidence conducted by a police officer
under Cr.P.C. is called
(a) Inquiry
(b) Local inspection
(c) Investigation
(d) Judicial proceeding
344

.correct answer : c

Q. No. 12
An investigation into an offence cannot be conducted by
(a) Magistrate
(b) A person authorized by a magistrate other than a police officer
(c) Both a. and b.
(d) None of these

.correct answer : a

Q. No. 13
Any proceedings in the course of which evidence is taken on oath is called
(a) Inquiry
(b) Investigation
(c) Sworn statement
(d) Judicial proceedings

.correct answer : d

Q. No. 14
The Code of Criminal Procedure 1973 came into force on
(a) 1st April 1973
(b) 1st April 1974
(c) 1st June 1973
(d) 1st June 1974

.correct answer : b

Q. No. 15
In which of the following cases the Kerala High Court has held that “Even if
earlier investigation was conducted by local police, there is no bar to refer the
matter for investigation by the CBI in an appropriate case by the High
Court”
(a) J.Prabhavathi Amma Vs State of Kerala
345

(b) Father Jose Pithrikkayil Vs CBI


(c) Nandakumar Vs State of Kerala
(d) Jomn Puthen Purakkal vs CBI

.correct answer : a

Q. No. 16
The provisions of Cr.P.C. 1973 other than those relating to Chapters 8, 9 and
10 shall not apply
(a) Jammu and Kashmir
(b) Nagaland
(c) Tribal areas
(d) B & C

.correct answer : d

Q. No. 17
Any act or omission made punishable by any law for the time being is called
(a) Wrong
(b) Offence
(c) Criminal case
(d) Charge

.correct answer : b

Q. No. 18
Maximum sentence of fine C.J.M. can impose
(a) 25,000
(b) 50,000
(c) 10,000
(d) no limit

.correct answer : d

Q. No. 19
The maximum sentence of imprisonment a C.J.M. can impose
346

(a) 3 years
(b) 7 years
(c) 10 years
(d) no limit

.correct answer : b

Q. No. 20
Power to arrest a person committing a non cognizable offence is given to a
police officer on
(a) The permission of superior officer
(b) On refusal to give name and residence
(c) The presence of a Magistrate
(d) Cannot be arrested in any situation

.correct answer : b

Q. No. 21
A private person can arrest an accused as provided under section
(a) 41
(b) 42
(c) 43
(d) 44

.correct answer : c

Q. No. 22
Any police officer may arrest without warrant any person
(a) Who has been concerned in any cognizable offence
(b) Who has been proclaimed as an offender
(c) Who is reasonably suspected of being a deserter from any armed forces
(d) All the above

.correct answer : d

Q. No. 23
347

The categories of persons who can be arrested without a warrant is described


in section
(a) 41
(b) 42
(c) 40
(d) 50

.correct answer : a

Q. No. 24
Under section 37 of Cr.P.C., every person is bound to assist a Magistrate or
Police officer
(a) In the taking or preventing the escape of any other person who such Magistrate
or police officer is authorized to arrest
(b) In the prevention or suppression of a breach of peace
(c) In the prevention of any injury to be committed to any railway.
(d) In all the above cases

.correct answer : d

Q. No. 25
Under section 39 of Cr.P.C. ever person aware of the commission of an
offence punishable under _________ of the following sections of IPC.
(a) Sections 121 to 126 Cr.P.C.
(b) Sections 143 to 148 Cr.P.
(c) c. 302 and 304
(d) all the above

.correct answer : d

Q. No. 26
Who is the competent authority to decide as to who is the successor-in-office
of any additional or assistant sessions Judge
(a) Sessions Judge
(b) High Court
(c) District Magistrate
(d) None of these
348

.correct answer : a

Q. No. 27
The powers of superior police officers are mentioned in section
(a) 2(h)
(b) 36
(c) 156
(d) Police Act

.correct answer : b

Q. No. 28
Arrest by Magistrate is mentioned in section
(a) 43
(b) 44
(c) 45
(d) 46

.correct answer : c

Q. No. 29
The guidelines regarding the arrest of Judicial officers by the police where
issued by the Supreme Court in
(a) Joginder Kumar Vs. State of Utter Pradesh
(b) M.
(c) Abraham Vs. State of Maharashtra (2003 (2) SCC 649) c.
(d) K. Basu Vs. State of West Bengal (AIR 1997 SC 610) d. Delhi Judicial Service
Association Vs. State of Gujarat (AIR 1991 SC 2176)

.correct answer : d

Q. No. 30
The new chapter incorporated by the Criminal law (amendment) 2005.
(a) XXI A
(b) XXIII A
349

(c) XXII A
(d) XXIV A

.correct answer : a

Q. No. 31
Members of Armed Forces cannot be arrested except after obtaining the
consent of
(a) D.G.P.
(b) Central Government
(c) Chief of concerned Army Force
(d) Magistrate

.correct answer : b

Q. No. 32
Who is given protection from arrest under 45 of Cr.P.C.
(a) President of India
(b) Judicial Officers
(c) Members of Armed Forces
(d) Members of Parliament

.correct answer : c

Q. No. 33
The judicial pronouncement which led to the incorporation of section 46(4) of
Cr.P.C. by the amendment Act of 2005
(a) Joginder Kumar Vs. State of Utter Pradesh
(b) M.
(c) Abraham Vs. State of Maharashtra (2003 (2) SCC 649) c.
(d) K. Basu Vs. State of West Bengal (AIR 1997 SC 610) d. State of Maharashtra
Vs. Christian Community Welfare of India

.correct answer : d

Q. No. 34
350

In which of the following cases, the Supreme Court held that, even without
the presence of a lady constable, police can arrest a female offender
(a) Joginder Kumar Vs. State of Utter Pradesh
(b) M.
(c) Abraham Vs. State of Maharashtra (2003 (2) SCC 649) c.
(d) K. Basu Vs. State of West Bengal (AIR 1997 SC 610) d. State of Maharashtra
Vs. Christian Community Welfare of India

.correct answer : d

Q. No. 35
Section 265A deals with
(a) Summary trial
(b) Plea bargaining
(c) Identification of accused
(d) Medical examination of rape victim

.correct answer : b

Q. No. 36
The form of summons is mentioned in section
(a) 61
(b) 62
(c) 91
(d) 92

.correct answer : a

Q. No. 37
The section newly added in Chapter V (arrest of persons) by the Cr.P.C.
Amendment Act 2005
(a) 46(4)
(b) 50(A)
(c) 53(A)
(d) All the above

.correct answer : d
351

Q. No. 38
The procedure for arrest is described in section
(a) 46
(b) 50
(c) 51
(d) 57

.correct answer : a

Q. No. 39
“Rejection of anticipatory bail application itself is not a ground for the
immediate arrest of the accused and the arrest of persons in all cases is
unnecessary”. The Supreme Court gave the above preposition in
(a) Joginder Kumar Vs. State of Utter Pradesh
(b) M.
(c) Abraham Vs. State of Maharashtra (2003 (2) SCC 649) c.
(d) K. Basu Vs. State of West Bengal (AIR 1997 SC 610) d. Delhi Judicial Service
Association Vs. State of Gujarat (AIR 1991 SC 2176)

.correct answer : b

Q. No. 40
In a case involving offence under section 304B, the period of remand under
section 167(2) is
(a) 15 days
(b) 60 days
(c) 90 days
(d) 180 days

.correct answer : c

Q. No. 41
The Kerala High Court has held the following proposition “section 159 does
not confer any power to the magistrate to proceed to the place and conduct
local investigation” in
352

(a) Sukumaran Vs. State of Kerala


(b) In Re Sister Abhaya (2006 (2) KLT 1001)
(c) Vijayan Vs. State of Kerala
(d) Acharaparambil Pradeepan Vs. State of Kerala

.correct answer : b

Q. No. 42
An enquiry into the apparent cause of death is called
(a) Post mortem examination
(b) Mahazar
(c) Inquest
(d) Investigation

.correct answer : c

Q. No. 43
Before accepting a Refer Report, court is bound to issue notice to
(a) Accused
(b) First informant (2006 (2) KLT 588)
(c) Investigating officer
(d) Prosecutor

.correct answer : b

Q. No. 44
Agreement entered into at Calcutta for a project to be carried at Calcutta,
payments required to be made at Calcutta, cheques were issued from
registered office at Ernakulam the court to having jurisdiction to quash the
proceedings
(a) Magistrate Court Calcutta
(b) Calcutta High Court (2006 (2) KLT 525)
(c) Kerala High Court
(d) Both b. and c.

.correct answer : c
353

Q. No. 45
The procedure for inquest is mention in section
(a) 173
(b) 174
(c) 176
(d) 172

.correct answer : b

Q. No. 46
At the stage of 200 what is needed is
(a) Complainant has to adduce evidence
(b) Examination of complainant by magistrate
(c) Chief examination of complainant only
(d) None of these

.correct answer : b

Q. No. 47
The Bar under section 196 is against
(a) Registration of crime
(b) Investigation by police
(c) Submission of report by police
(d) Taking cognizance (2006 (3) KLT 830)

.correct answer : d

Q. No. 48
Plea bargaining introduced in India by
(a) The Amendment Act of 1980
(b) The Criminal Law Amendment Act 2005
(c) The Code of Criminal Procedure Amendment Act 2005
(d) Act 25 of 2005

.correct answer : b
354

Q. No. 49
Power under section 319 Cr.P.C. covers
(a) Post cognizance stage (2006 (1) KLT SN 60)
(b) Pre cognizance stage
(c) Both a. and b.
(d) None of these

.correct answer : a

Q. No. 50
Under which of the following Sections of Criminal Procedure Code police can
arrest an accused without warrant? MP APO -2002
(a) Section 37
(b) Section 40
(c) Section 42
(d) Section 41

.correct answer : d

Q. No. 51
Which of the following is not a section introduced by Cr.P.C. Amendment Act
2005
(a) 311A
(b) 436A
(c) 441A
(d) 446A

.correct answer : d

Q. No. 52
The new offence introduced by criminal law Amendment Act 2005
(a) 195A
(b) 195B
(c) 195C
(d) 195D

.correct answer : a
355

Q. No. 53
“The inherent powers under section 482 cannot be invoked to compound a
non compoundable offence”. This proposition is made by the division bench
of Kerala High Court in
(a) Moosa Vs. S.I. of Police
(b) Thankamma Vs. State of Kerala
(c) Balan Vs. State of Kerala
(d) Devasya Vs. State of Kerala

.correct answer : b

Q. No. 54
Acquittal of coaccused will not entitle coaccused for an acquittal involving
inherent powers the full bench of Kerala High Court has held the above
proposition in
(a) Sukumari Vs. State of Kerala
(b) Moosa Vs. S.I. of Police
(c) Karim Vs. State of Kerala
(d) Noushad Vs. State of Kerala

.correct answer : b

Q. No. 55
Which of the following is true?
(a) An appeal against conviction cannot be filed by the wife of convicted person
who died (2006 (2) KLT 123)
(b) Appeal filed by accused cannot be dismissed on ground that the revision filed
by informant has already been dismissed
(c) An appeal against acquittal in case instituted on complaint can be filed only by
the complainant not by any witness
(d) All the above

.correct answer : d

Q. No. 56
356

Which of the following is true?


(a) A criminal court cannot simultaneously impose a sentence of fine and a
direction for payment of compensation(2006 (3) KLT 770)
(b) Compensation can be awarded under 357 either as part of fine or
independently
(c) Criminal court has power to direct payment of interest on amount of
compensation under section 357. (2006 (4) KLT 923)
(d) All the above

.correct answer : d

Q. No. 57
In appropriate cases the trial court is empowered to stay the proceedings till
disposal of civil case relating to the same incident involving section
(a) 210
(b) 482
(c) 309
(d) no such power

.correct answer : c

Q. No. 58
Trial as provided under section 311 will be terminated by
(a) Closing of prosecution evidence
(b) Posting the case for judgment
(c) Posting the case for 313 statement
(d) On pronouncement of judgment

.correct answer : d

Q. No. 59
Assigning reasons is required
(a) In case of discharge of an accused
(b) In case of framing charge
(c) In both cases
(d) None of these
357

.correct answer : a

Q. No. 60
Cognizance of offence under section 498 A of IPC can be taken;
(a) On a police report
(b) On the complaint of the person aggrieved
(c) On the complaint of father, mother, brother or sister of the person aggrieved
(d) All the above.

.correct answer : d

Q. No. 61
Point out the incorrect statement (UP PCS J 2003)
(a) In cognizable offence any police officer may without an order from a
Magistrate and without a warrant arrest any person
(b) A private person may arrest or cause to be arrested any person committing a
cognizable offence
(c) An Executive Magistrate may arrest the offender when any offence is
committed in his presence and within his jurisdiction
(d) None of the above is correct

.correct answer : b

Q. No. 62
A Court of Sessions cannot take cognizance of an offence as a Court of
original jurisdiction unless the case has been committed to it, as provided
under
(a) Section 199 of Cr.P.C.
(b) Section 193 of Cr.P.
(c) c. Section 190 of Cr.P.C.
(d) None of these

.correct answer : b

Q. No. 63
358

Period of limitation for execution of the order of maintenance is;


(a) Thirty years from the date on which it becomes due.
(b) Twelve years from the date on which it becomes due.
(c) Three years from the date on which it becomes due
(d) One year from the date on which it becomes due.

.correct answer : d

Q. No. 64
Period of limitation prescribed for making a complaint to the Court of
sessions in original jurisdiction is;
(a) As provided under section 468 of Cr.P.C.
(b) One year from the date of commission of the offence
(c) Six months from the date of Commission of the offence
(d) Three months from the date of commission of the offence.

.correct answer : c

Q. No. 65
A Court of Session can take cognizance of the offences under special
circumstances mentioned in
(a) Section 199 of Cr.P.C.
(b) Section 193 of Cr.P.
(c) c. Section 190 of Cr.P.C.
(d) None of these

.correct answer : a

Q. No. 66
Further investigation can be conducted by
(a) Any agency
(b) Any other agency other than which conducted the original investigation
(c) The agency which originally investigated the case
(d) None of these

.correct answer : a
359

Q. No. 67
Further investigation can be conducted
(a) Only before taking cognizance
(b) Even after taking cognizance
(c) Any time with the permission of the government
(d) None of these

.correct answer : b

Q. No. 68
Which of the following is correct?
(a) Special court can take cognizance of offence even without the case being
committed to it.
(b) Special court is a court of original jurisdiction.
(c) A special judge has no jurisdiction to entertain a complaint under section 3(1)
(x) of SC ST(Provision of Amendment) Act (2004 (4) SCC 584)
(d) None of these

.correct answer : c

Q. No. 69
K.M. Mathew’s case is overruled by the Supreme Court in
(a) Benti alias Guddu Vs. State of Madhya Pradesh
(b) Adalath Prasad Vs. Rooplal Jindal
(c)
(d) D. Sharma Vs. Union of India d. Goa plast Vs. D’souza

.correct answer : b

Q. No. 70
Which section of the Cr.P.C. provides for confirmation by the High Court of
an order of death sentence passed by the Sessions Court prior to its
execution? (UP PCS J 2003)
(a) Section 366
(b) Section 368
(c) Section 369
360

(d) Section 371

.correct answer : a

Q. No. 71
Which one of the following statements is wrong? If a person forcibly resists
the endeavour to arrest him, the Police Officer may- (UP PCS J 2003)
(a) Use all the means necessary to effect the arrest
(b) Cause the death of such person irrespective of the offence he has committed
(c) Cause the death of such person accused of murder
(d) Cause the death of such person accused of culpable homicide not amounting to
murder

.correct answer : b

Q. No. 72
A case can be committed to the Court of sessions by a Magistrate;
(a) Under Section 207 of Cr.P.C.
(b) Under Section 209 of Cr.P.
(c) c. Under Section 208 of Cr.P.C.
(d) Both (a) & (b).

.correct answer : b

Q. No. 73
In which of the following situation, Section 210 of Cr.P.C. can be invoked;
(a) When there is a complaint case & police is also investigating the matter
(b) When there is a complaint case but no police investigation is in progress
(c) When there is a complainant case & the police has already completed the
investigation & filed the final report.
(d) All the above.

.correct answer : a

Q. No. 74
The condition imposed by a Magistrate while releasing the accused in a non
361

bailable offence case can be set aside or modified;


(a) By the High Court
(b) By the Court of Sessions
(c) By the Magistrate himself
(d) Both (a) & (b).

.correct answer : d

Q. No. 75
Cognizance of offence of defamation under Chapter XXI of IPC can be taken;
on a complaint by
(a) Aggrieved person
(b) Suo motu
(c) On a police report
(d) Public Prosecutor

.correct answer : a

Q. No. 76
During 202 enquiry, in a complaint disclosing commission of offences
exclusively triable by the Court of Sessions;
(a) It is necessary to examine the complainant and all the witnesses of the
complainant on oath.
(b) It is necessary to examine the complainant on oath & no witness need be
examined on oath.
(c) It is necessary that the complainant & some of the witnesses be examined on
oath
(d) Either (a) or (b).

.correct answer : a

Q. No. 77
During 202 enquiry, a direction to the police to investigate
(a) Can be given before or after the examining of the complainant on oath
(b) Cannot be given without examining the complainant on oath
(c) Can be given without examining the complainant on oath
(d) Both (a) & (c).
362

.correct answer : b

Q. No. 78
The power of the Supreme Court to transfer cases and appeals from one High
Court to another High Court can be exercised on an application by which one
of the following? (UP PCS J 2003)
(a) Registrar of the High Court concerned
(b) Attorney General of India
(c) Chairperson of the Bar Council of India(
(d) Solicitor-General of India

.correct answer : b

Q. No. 79
Where the Magistrate takes cognizance of the offence on a complaint made to
him and considers before the issue of process to the accused that the matter
should be investigated, such investigation can be ordered under Section
………….of CR.P.C
(a) 202
(b) 173(8)
(c) 155(2)
(d) 156(3)

.correct answer : a

Q. No. 80
Which of the following offences is not compoundable? (UP PCS J 2003)
(a) Offence u/s. 323 I.P.C.
(b) Offence u/s. 334 I.P.
(c) c. Offence u/s. 448 I.P.C.
(d) Offence u/s. 307 I.P.C.

.correct answer : d

Q. No. 81
363

If an accused is charged of a major offence, but on the facts established he


cannot be held guilty of that major offence. At the same time, the facts
established indicate that a minor offence has been committed, the person so
tried for major offence can be convicted for such minor offence, it has been so
provided;
(a) Under section 221 of Cr.P.C.
(b) Under Section 222 of Cr.P.
(c) c. Under Section 223 of Cr.P.C.
(d) Under Section 220 of Cr.P.C.

.correct answer : b

Q. No. 82
How many minimum number of judges of the High Court are required to
sign the confirmation of death sentence? (UJS 2006)
(a) 3
(b) 2
(c) 4
(d) 5

.correct answer : b

Q. No. 83
Reports of certain Government scientific experts are admissible, in evidence
without any formal proof, under;
(a) Section 294 of CrPC
(b) Section 293 of CrPC
(c) Section 292 of CrPC
(d) Section 291 of CrPC.

.correct answer : b

Q. No. 84
Cash in lieu of surety bond can be permitted under section……..of CR.PC
(a) 446
(b) 445
(c) 447
364

(d) 448

.correct answer : b

Q. No. 85
In which case has the Supreme Court held that Section 125 Cr.P.C. was
applicable to all irrespective of their religion? (UP PCS J 2003)
(a) Mohd. Umar Khan Vs Gulshan Begum
(b) Mohd. Ahmed Khan Vs Shah Bano Begum
(c) Mst. Zohara Khatoon Vs Moh
(d) Ibrahim d. Noor Saba Khatoon Vs Mohd. Quasim

.correct answer : b

Q. No. 86
The personal attendance of the accused can be dispensed with as provided
under Sec…………of CR.P.C
(a) 303
(b) 205
(c) 201
(d) 204

.correct answer : b

Q. No. 87
Surety can be sentenced to civil imprisonment in default of payment of
penalty under the surety bond for a maximum period of;
(a) One month
(b) Two months
(c) Three months
(d) Six months

.correct answer : d

Q. No. 88
Under which of the following Section, Joinder of charges is permissible;
365

(a) 219
(b) 220
(c) 221
(d) All the above

.correct answer : d

Q. No. 89
A charge can be altered under Section…………of CR.P.C
(a) 217
(b) 216
(c) 218
(d) 219.

.correct answer : b

Q. No. 90
The provisions proving previous conviction is envisaged in which of the
following sections of Cr. P.C. ? (UJS 2006)
(a) Section-296
(b) Section-297
(c) Section-298
(d) Section-299

.correct answer : c

Q. No. 91
In which one of the following sections of Cr. P.C. provision for free legal aid is
made? (UJS 2006)
(a) Section-301
(b) Section-306
(c) Section-304
(d) Section-309

.correct answer : c
366

Q. No. 92
The appeal against an order of acquittal passed by the Court of Judicial
Magistrate first class shall lie to (UJS 2006)
(a) The Court of Chief Judicial Magistrate
(b) The Court of Session
(c) The High Court
(d) The Supreme Court

.correct answer : b

Q. No. 93
Which section of Cr. P.C provides for confirmation by the High Court of an
order of death sentence passed by the Session Court prior to its execution?
(UJS 2006)
(a) Section-366
(b) Section-368
(c) Section-369
(d) Section-371

.correct answer : a

Q. No. 94
Which provision under the Code of Criminal Procedure, 1973 prescribes the
mode of execution of sentence of death that “the convict be hanged by the
neck until he be dead”? (UJS 2006)
(a) Section-413
(b) Form No. 42 of the Second Schedule of the Code
(c) Section-416
(d) Section-414

.correct answer : b

Q. No. 95
Hearing on sentence by a Magistrate is required, on conviction;
(a) In a summons trial case under section 255(2) of CrPC.
(b) In a warrant trial case under section 248(2) of CrPC
367

(c) Both (a) & (b)


(d) Only (b) & not (a).

.correct answer : c

Q. No. 96
During inquiry or trial, under section 309 of CrPC Magistrate can remand
the accused;
(a) For a period till next date irrespective of days
(b) For a maximum period of 14 days at a time
(c) For a maximum of 15 days at a time
(d) For a maximum of one month at a time

.correct answer : c

Q. No. 97
During inquiry or trial, the accused is remanded to custody;
(a) Under section 309(2) of CrPC
(b) Under Section 309(1) of CrPC
(c) Under Section 167(2) of CrPC
(d) Under Section 167(1) of CrPC.

.correct answer : a

Q. No. 98
The Code of Criminal Procedure (Amendment) Act 2005 (No. 25 of 2005)
received the assent of the President on (UJS 2006)
(a) 21st July, 2005
(b) 23rd June, 2005
(c) 22nd August, 2005
(d) 20th September, 2005

.correct answer : b

Q. No. 99
An irregularity by the Magistrate in which one of the following cases will not
368

vitiate proceedings? (UJS 2006)


(a) Making an order for maintenance
(b) Demanding security for good behaviour
(c) Tendering pardon to accomplice
(d) Trying an offence summarily

.correct answer : c

Q. No. 100
When the person who would otherwise be competent to compound an offence
under Section 320 of Cr.P.C. is dead, then CJS 2004
(a) Offence cannot be compounded
(b) Offence can be compounded by any eye witness
(c) Offence can be compounded by the legal representative of such person without
the consent of the court
(d) Legal representative of such person can compound the offence with the
consent of the court

.correct answer : d

Q. No. 101
Under Section 439 of Cr.P.C. the jurisdiction to cancel the bail vests with;
(a) The Court of Sessions
(b) The High Court
(c) The Court of Magistrate
(d) Only (a) & (b).

.correct answer : d

Q. No. 102
In which of the following cases, section-144 of the Code of Criminal
Procedure has been held constitutionally valid by the Supreme Court? (UJS
2006)
(a) Madhu Limaye Vs. S.D.M. Mangare
(b) Nanak Chand Vs. Chandra Kishore
(c) Superintendent of Central Prision Vs. Ram Manohar Lohiya
(d) Mithilesh Kumar Vs. Bindh Wasni

.correct answer : a
369

Q. No. 103
The Magistrate has the power to grant compensation to the victim as
provided under;
(a) Section 357 of CrPC
(b) Section 358 of CrPC
(c) Section 359 of CrPC
(d) Section 360 of CrPC.

.correct answer : a

Q. No. 104
Disposal of property at the conclusion of trial is is provided in Section….of
Cr.P.C
(a) 457
(b) 458
(c) 451
(d) 452

.correct answer : d

Q. No. 105
Disposal of property during the pendency of trial is provided in Section….of
Cr.P.C
(a) 457
(b) 458
(c) 451
(d) 456

.correct answer : c

Q. No. 106
An offence is committed by a British citizen on an aircraft registered in Indi
(a) The offender may be dealt with under which provision of the Code of Criminal
Procedure, 1973? (UJS 2006) a. Section-188
(b) Section-183
370

(c) Section-182
(d) Section-186

.correct answer : a

Q. No. 107
Magistrate has the power under section 259 of CrPC to convert a summons
trial case into a warrant trial case;
(a) Relating to an offence punishable for a term exceeding two years
(b) Relating to an offence punishable for a term exceeding one year
(c) Relating to an offence punishable for a term exceeding six months
(d) No such limits

.correct answer : c

Q. No. 108
For every distinct offence of which any person is accused, there shall be a
separate charge, where is the exception to this rule in Cr. P.C. ? (UJS 2006)
(a) Section 219
(b) Sections 220 and 222
(c) Sections 219, 220 and 222
(d) Sections 219,220,221 and 223

.correct answer : a

Q. No. 109
The Court may alter the charge (UJS 2006)
(a) Before the evidence of the prosecution is taken
(b) Before the accused enters upon his defence
(c) When the evidence of prosecution and defence both is taken
(d) Before the judgment is pronounced

.correct answer : d

Q. No. 110
Special summons can be issued in petty cases as provided under section;
371

(a) 204
(b) 205
(c) 206
(d) 207

.correct answer : c

Q. No. 111
Which is the provision for demanding security for good behaviour from
persons disseminating seditious matters?
(a) Section 108
(b) Section 109
(c) Section 110
(d) Section 111

.correct answer : a

Q. No. 112
Petty offence is defined under section;
(a) 40
(b) 206
(c) 204
(d) Not defined.

.correct answer : b

Q. No. 113
Which is the provision authorizing a District Magistrate, Sub Divisional
Magistrate or Executive Magistrate to issue orders in urgent cases of
nuisance or apprehended danger?
(a) Section 173
(b) Section 164
(c) Section 133
(d) Section 144

.correct answer : d
372

Q. No. 114
The maximum amount of fine which can be specified in a summons issued
under section 206 Cr.P.C.
(a) 250
(b) 500
(c) 100
(d) 200

.correct answer : c

Q. No. 115
The Provisions of Section 125;
(a) Repeal the personal laws
(b) Override the personal law
(c) Do not repeal the personal laws
(d) Do not override the personal law

.correct answer : b

Q. No. 116
The Supreme Court examined the scope and ambit of 202 enquiry in ;
(a) K.R.Suraj Vs.Excise Inspector
(b) Asokan Vs.State of Kerala
(c) Rossy Vs.State of Kerala
(d) Vijayan Vs.State of Kerala.

.correct answer : c

Q. No. 117
If the complaint is not in writing and made to a Magistrate who is not
competent to take cognizance of the offence, the Magistrate shall;
(a) Go to police station
(b) Ask the complainant to reduce the complaint to writing
(c) Reject the complaint
(d) Direct the complainant to file it before the proper court
373

.correct answer : d

Q. No. 118
Petty offence under section 206 means offence punishable only with fine not
exceeding…
(a) 100
(b) 500
(c) 1000
(d) 250

.correct answer : c

Q. No. 119
The person aggrieved by an offence of adultery (Section 497 of Indian Penal
Code) is;
(a) The husband of the woman
(b) Both husband and woman
(c) The woman herself
(d) None of these

.correct answer : a

Q. No. 120
The provisions under section 204 shall not be deemed to affect the provisions
of section;
(a) 79
(b) 61
(c) 78
(d) 87

.correct answer : d

Q. No. 121
Under Section 174, the police shall give immediate information to the;
(a) Judicial Magistrate
374

(b) Sessions Judge


(c) Executive Magistrate
(d) None of the above

.correct answer : c

Q. No. 122
If the period of limitation expired on a day the court is closed, the court may
take cognizance ;
(a) Any subsequent day
(b) On the day on which the court reopen
(c) Complaint shall be filed before the expiry
(d) None of the above

.correct answer : b

Q. No. 123
The Hon’ble Supreme Court has held that “no Magistrate shall insist that a
particular person whose statement was taken on oath at the first instance,
alone can continue to represent the company till the end of the proceedings”
in
(a) Basavaraj Patel V/s. state of Karnataka
(b) Raj Deo Sharma Vs.Union of India
(c) Associated Cement Company Limited Vs. Kesavaanand
(d) Antony Vs.Raghavan Nair

.correct answer : c

Q. No. 124
The word Magistrate is used in which of the following article of the
Constitution of India?
(a) 226
(b) 126
(c) 22
(d) 21

.correct answer : c
375

Q. No. 125
……is not contemplated as part of investigation ordered by a Magistrate
under Section 202;
(a) Search
(b) Seizure
(c) Interrogation
(d) Arrest

.correct answer : d

Q. No. 126
Search warrant for person wrongfully confined may be ordered by any
District, Sub Divisional Magistrate or Magistrate of the first class under;
(a) Section 106
(b) Section 94 of the Code
(c) Section 97 of the Code
(d) Section 93 of the Code

.correct answer : c

Q. No. 127
A Magistrate cannot direct an investigation under section 202 in to an
offence;
(a) Economic offence
(b) Sessions offence
(c) Offence under Special Acts
(d) None

.correct answer : b

Q. No. 128
Who is the authority under Section 107 to demand of a person security for
keeping peace on information that any person is likely to commit a breach of
the peace disturb the public tranquility?
(a) Sessions Judges
376

(b) Executive Magistrate


(c) First Class Magistrate
(d) None of these

.correct answer : b

Q. No. 129
Under 204(2) of Cr.P.C. no summons or warrant shall be issued until;
(a) The complainant is examined
(b) A list of witnesses has been filed
(c) The address of the accused is filed
(d) None

.correct answer : b

Q. No. 130
A exposes her child with the knowledge that she is thereby likely to cause its
death. The child died in consequence of such exposure, in this case;
(a) A may be separately charged with and convicted of offences under section 317
and 304 IPC
(b) May be charged for 304 IPC only
(c) May be charged with 302 only
(d) None

.correct answer : a

Q. No. 131
An application under Section 96 to set aside a declaration of forfeiture of
newspaper, book or other document should be made to;
(a) The High Court
(b) The Government
(c) The District Court Concerned
(d) The supreme Court

.correct answer : a
377

Q. No. 132
Where the offences are of technical nature or do not involved moral
turpititude ;
(a) Exemption should be the rule
(b) Court should insist personal appearance of accused
(c) Only exemption for a day can be given
(d) None of these

.correct answer : a

Q. No. 133
To eligible for the return of the attached property or the net proceed of sale
there of the proclaimed person;
(a) Should appear before the Court with in one year
(b) Should appear before the Court with in seven years
(c) Should appear before the Court within three years
(d) Should appear before the Court within two years from the date of attachment
and satisfy the Court he did not abscond for conceal himself for the purpose of
avoiding the execution of warrant.

.correct answer : d

Q. No. 134
When the property is not produced before the court pending or during the
inquiry or trial, the disposal of property shall be governed by;
(a) Section 451 of CrPC
(b) Section 457 of CrPC
(c) Section 452of CrPC
(d) Section 454 of CrPC.

.correct answer : b

Q. No. 135
When the Criminal Procedure Code 1973 came into force? (UJS – 2002)
(a) On April 1, 1973
(b) On April 1, 1974
378

(c) On January 1, 1974


(d) On March 1, 1974

.correct answer : b

Q. No. 136
A case charged on a complaint under Section 138 of Negotiable Instruments
Act by the Magistrate, police registered a case on the basis of a private
complaint for offences under section 409 and 420 IPC, in such case
(a) Section 210(1) applies
(b) Section 210(1) not applicable
(c) Either a or b
(d) None of these

.correct answer : b

Q. No. 137
Which is the provision for requiring security for good behaviour from
habitual offenders?
(a) Section 110
(b) Section 109
(c) Section 108
(d) Section 111

.correct answer : a

Q. No. 138
The Kerala High Court has held that Section 437 CRPC does not create an
absolute bar on the Magistrate to grant bail in non bailable offences or
offences exclusively triable by Court of Sessions in
(a) Chandrasenan Vs. State of Kerala
(b) Asokan Vs. State of Kerala
(c) Sukamari Vs. State of Kerala
(d) Balan Vs. State of Kerala.

.correct answer : c
379

Q. No. 139
Which is the provision for requiring security for good behaviour from
suspected persons?
(a) Section 109
(b) Section 107
(c) Section 108
(d) Section 110

.correct answer : a

Q. No. 140
In case of default of payment of compensation under Section 250 by the
complainant to the accused, the person ordered to pay compensation;
(a) Shall undergo rigorous imprisonment for 7 days
(b) Shall undergo rigorous imprisonment of 15 days
(c) Shall undergo imprisonment of either nature for 30 days
(d) Shall under go simple imprisonment for a period not exceeding 30 days

.correct answer : d

Q. No. 141
If withdrawal of prosecution is made after a charge has been framed;
(a) The accused shall not acquitted in respect of such offence of offences
(b) The accused shall be discharged in respect of the offence or offences
(c) The accused shall be acquitted in respect of such offence or offences
(d) The accused shall be convicted on evidence.

.correct answer : a

Q. No. 142
In case which is triable by a court of sessions, copies of charge sheet and other
documents shall be supplied to the accused by;
(a) Sessions Judge
(b) Investigating Officer
(c) Committal Court
(d) None
380

.correct answer : c

Q. No. 143
Service of summons outside the local limits of a court may be served;
(a) Through an Advocate
(b) Personally on the person summoned
(c) Through the local police station
(d) Through the Magistrate in whose jurisdiction the person summoned resides or
is to be there served.

.correct answer : d

Q. No. 144
Recalling of witness when the charge is altered is provided in section;
(a) 214
(b) 215
(c) 216
(d) 217

.correct answer : d

Q. No. 145
Once the process is issued by a Magistrate, then he had no power to recall it
or drop the proceedings in a summons case, the Supreme Court held the
above proposition in;
(a) K.M.Mathew Vs.State of Kerala
(b) Adalath Prasad Vs. Roop Lal Gindal
(c) V.C.Shukla Vs.CBI
(d) A.R.Anthuley Vs.R.S.Nair

.correct answer : b

Q. No. 146
When the accused person has pleaded guilty and has been convicted on such
plea by the High Court;
381

(a) There shall be no appeal


(b) An appeal lie to the Supreme Court and High Court
(c) An appeal will be to the Supreme Court
(d) An appeal will be to the Division Bench of the High Court.

.correct answer : a

Q. No. 147
If a complaint is dismissed under Section 203 on default of complainant to be
present in court and not on merits;
(a) A fresh complaint on the same set of facts can be filed again
(b) No second complaint can be filed
(c) Proper course is to file an appeal
(d) None of these

.correct answer : a

Q. No. 148
On the death of an appellant during the tendency of the appeal, an
application by any of the near relatives for the leave of the Court to continue
the appeal;
(a) Within 30 days of the death of the appellant
(b) Within 90 days of the death of the appellant
(c) Within 6 days of the death of the appellant
(d) Within 15 days of the death of the appellant.

.correct answer : a

Q. No. 149
Committal proceedings are provided in section;
(a) 207
(b) 208
(c) 209
(d) 210

.correct answer : c
382

Q. No. 150
Section 245 Cr.P.C. is applicable to;
(a) Summons cases
(b) Summary trials
(c) Warrant cases instituted upon a police report
(d) Warrant cases instituted otherwise than on police report

.correct answer : d

Q. No. 151
In a case restituted under section 199(2) the accused is acquitted or
discharged and the court is of the opinion that there was no reasonable course
for making such accusation against the accused, it may direct the person
against whom the offence alleged to have been committed, to show cause why
he should not pay compensation. This is provided in section;
(a) 250 Cr.P.C.
(b) 357 Cr.P.
(c) c. 237 Cr.P.C.
(d) None

.correct answer : c

Q. No. 152
The accused has no absolute right to cross examine the prosecution witnesses
under Section 244 Cr.P.C., this is held in;
(a) Sukumari Vs. State of Kerala
(b) Chacko Vs. State of Kerala
(c) Gopalakrishnan Vs. State of Kerala
(d) Ramakrishnan Vs.Parthasarathy

.correct answer : c

Q. No. 153
Which of the following trial shall be held in camera if either party so desires
or if the court fit so to do;
(a) A trial under section 199(2)
(b) Every trial in which a women is an accused
383

(c) Proceedings under section 340 Cr.P.C.


(d) Defamation cases

.correct answer : a

Q. No. 154
For sending the disputed cheque for comparison by an expert;
(a) The accused should file a petition
(b) Oral submission by the counsel is enough
(c) It is sufficient if the accused stated it in the 313 statement
(d) None of these

.correct answer : c

Q. No. 155
The Supreme Court directed that the investigating officers must be present
the time of the trial and if he fails to be present, the sessions judge must issue
summons as his presence is necessary, in
(a) Hukumchand Vs. State
(b) Shilendrakumar Vs. State of Bihar and Ors
(c) T.C.Mathai Vs.Sessions Judge
(d) Jayalalitha Vs. State

.correct answer : b

Q. No. 156
The Trial Judge has to take evidence on previous conviction of accused under
section;
(a) 231
(b) 232
(c) 235
(d) 236

.correct answer : d

Q. No. 157
384

A Court of Sessions taking cognizance of an offence under Sub Section (2) of


199 shall try the case in accordance with the procedure for the trial of;
(a) Sessions cases
(b) Warrant cases instituted on a police report
(c) Warrant case instituted otherwise on a police report
(d) Summons case

.correct answer : c

Q. No. 158
In Sessions case, an accused can file a written statement under section;
(a) 231
(b) 232
(c) 233
(d) 234(2)

.correct answer : c

Q. No. 159
The fact of previous conviction shall be stated under section 211(7) of Cr.P.C.
in the;
(a) Charge sheet
(b) Court charge
(c) Summons
(d) Warrant

.correct answer : b

Q. No. 160
The Supreme Court has held that the Magistrate is empowered to allow the
counsel to plead guilty on behalf of an accused where the personal
appearance of the accused is dispensed with in;
(a) Mathai Vs.Sessions Judge
(b) Bhaskar Industries Limited Vs.Bhivani Denin and Apparels Limited
(c) Basavaraj Patel Vs. State of Karnataka
(d) J.K.Industries Vs. State
385

.correct answer : b

Q. No. 161
An accused can be acquitted under section 256 Cr.P.C.
(a) For non appearance of complainant
(b) Death of complainant
(c) Either a. or b.
(d) None of these

.correct answer : c

Q. No. 162
In a complaint case an accused can be discharged due to the absence of the
complainant under section 249 Cr.P.C., the section is applicable only to;
(a) Compoundable cases
(b) Non cognizable case
(c) Both
(d) None

.correct answer : c

Q. No. 163
A complaint can be withdrawn under section 257 Cr.P.C.
(a) At any time before a final order is passed
(b) Before framing of charge
(c) Before examination of witness
(d) None

.correct answer : a

Q. No. 164
Who is competent to order the payment of compensation under section 250
Cr.P.C.
(a) Any Magistrate
(b) Only the Magistrate who heard the case and discharged or acquitted the
386

accused
(c) The successor of the Magistrate who had tried the case
(d) None of these

.correct answer : b

Q. No. 165
An accused can be discharged under section;
(a) 239
(b) 245
(c) 227
(d) Any of the above

.correct answer : d

Q. No. 166
An order to pay compensation under section 237 cannot be ordered against;
(a) President
(b) Vice President
(c) Governor
(d) All the above

.correct answer : d

Q. No. 167
The maximum amount of compensation a Magistrate can impose under Sec.
250 Cr.P.C.
(a) 5000
(b) 10000
(c) Not exceeding the amount of fine he is empowered to impose
(d) No limit

.correct answer : c

Q. No. 168
In which of the following stages an accused cannot cross examine the
387

prosecution witnesses;
(a) 242 stage
(b) 244 stage
(c) 231 stage
(d) All the above

.correct answer : b

Q. No. 169
Section 256 Cr.P.C. is applicable to;
(a) Summons Cases instituted on a complaint
(b) Summary trials
(c) Warrant cases instituted upon a police report
(d) Warrant cases instituted other wise than on police report

.correct answer : a

Q. No. 170
Under Section 190(1)(b), Magistrate can take cognizance of an offence;
(a) Upon a complaint
(b) Upon a police report
(c) Suo Moto
(d) Any of the above

.correct answer : b

Q. No. 171
A Magistrate can take cognizance of an offence;
(a) Upon a complaint
(b) Upon a police report
(c) Suo Moto
(d) Any of the above

.correct answer : d

Q. No. 172
388

Where two or more courts have taken cognizance of the same offence and a
question arises as to which of them ought to enquire is to or try the offence,
the question shall be decided by;
(a) District Judge
(b) High Court
(c) Complainant can opt
(d) None

.correct answer : b

Q. No. 173
Chapter XIII of Criminal Procedure Code deals with
(a) Complaint before Magistrate
(b) Investigation
(c) Jurisdiction of Criminal Courts
(d) Proceedings before Magistrate

.correct answer : c

Q. No. 174
………..is an exception to S.193;
(a) 199(2)
(b) 195
(c) 199(1)
(d) 198

.correct answer : a

Q. No. 175
Under section 193 of Cr.P.C………cannot take cognizance of an offence;
(a) Chief Judicial Magistrate
(b) Sessions Court
(c) 2nd Class Magistrate
(d) None

.correct answer : b
389

Q. No. 176
A Magistrate can transfer a case which is taken cognizance by him under
section 190(1) (c) on the application of accused under section;
(a) 191
(b) 407
(c) 192
(d) 408

.correct answer : a

Q. No. 177
Conditions requisite for initiation of proceedings before a Magistrate is dealt
with in Chapter;
(a) XII
(b) XIII
(c) XIV
(d) XV

.correct answer : c

Q. No. 178
An enquiry under section 176 shall be conducted by
(a) Judicial Magistrate
(b) Executive Magistrate
(c) Police Officer
(d) None

.correct answer : b

Q. No. 179
In an enquiry under section 202
(a) The Magistrate has no authority to conduct test identification parade (1985
KLT 615)
(b) An accused has no right to participate
(c) Magistrate is competent to direct an advocate to make an investigation
(1995(1) KLT 591)
390

(d) All the above are correct

.correct answer : d

Q. No. 180
What persons may be charged jointly
(a) Persons accused of the same offence committed in the course of same
transaction.
(b) Persons accused of an offence and persons accused of abatement of or attempt
to commit such offence
(c) Persons accused of different offences committed in the course of same
transaction
(d) All the above

.correct answer : d

Q. No. 181
A trial under _____ would be an exception where the provisions of Cr.P.C.
would not apply
(a) A trial under special act
(b) Court Marshal Proceedings
(c) Both a. and b.
(d) None

.correct answer : b

Q. No. 182
Every Sessions Trial shall be conducted by;
(a) Investigating Officer
(b) Any Advocate with the permission of the Court
(c) A public prosecutor or any advocate authorized by the defacto complainant
(d) Public Prosecutor

.correct answer : d

Q. No. 183
391

In respect of offences committed in the course of one transaction, the


maximum offences committed in a year which can be tried;
(a) 3
(b) 6
(c) 5
(d) No limitation

.correct answer : d

Q. No. 184
In a Sessions Case, an accused can be discharged under section 227;
(a) Before framing of charge
(b) After framing charge
(c) Any time during trial
(d) None

.correct answer : a

Q. No. 185
3 Cheques issued by the same accused dishonours and joint notice is sent in
respect of all the cheques, in such case;
(a) Single compliant can be filed
(b) 3 separate complaints should be filed
(c) 3 complainants should be filed but can be tried together
(d) None of the above

.correct answer : a

Q. No. 186
Under section 228(1) of Cr.P.C. if the sessions judge is of opinion that the
offence is not exclusively triable by the court of sessions, he may transfer the
case;
(a) After framing of charge
(b) Before framing charge
(c) Either a. or b.
(d) None
392

.correct answer : a

Q. No. 187
202 enquiry can be conducted by the Magistrate;
(a) Before taking cognizance
(b) After taking cognizance
(c) After taking cognizance but before issuing process
(d) None

.correct answer : c

Q. No. 188
In which of the following Law commission report a revised draft for the new
Code of Criminal Procedure 1973
(a) 12th
(b) 13th
(c) 14th
(d) 15th

.correct answer : b

Q. No. 189
_______ provides that all offences under IPC shall be investigated, inquired
into, tried with the provisions of Cr.P.C.
(a) Sec.1 of Cr.P.C.
(b) Se
(c) 2 of Cr.P.C. c. Sec.3 of Cr.P.C.
(d) Sec.4 of Cr.P.C.

.correct answer : d

Q. No. 190
Mark the correct answer The conditional order passed by a Magistrate under
Section 133 of the Criminal Procedure Code cannot be challenged in civil
court. This statement is MP APO -2002
393

(a) Wrong
(b) Correct
(c) Partly wrong
(d) Partly correct

.correct answer : b

Q. No. 191
______of a person to be detained must be specified in the warrant
(a) Religion
(b) Offence committed
(c) Age
(d) None of these

.correct answer : c

Q. No. 192
Prosecution for defamation can be launched under section____of the
Criminal Procedure Code
(a) 200
(b) 250
(c) 199
(d) 197

.correct answer : c

Q. No. 193
A service of summons on a Government servant shall ordinarily send to
(a) The person himself
(b) To the head of the office in which he is employed
(c) Affix it in the office
(d) None of these

.correct answer : b

Q. No. 194
394

Search without warrant can be conducted under Section 103 of Cr.P.C.


(a) In the presence of the Magistrate who is competent to issue search warrant in
respect of any place.
(b) In the presence of the Magistrate who is not competent to issue search warrant
in respect of any place
(c) Both a. & b.
(d) Either a. or b.

.correct answer : a

Q. No. 195
Where two or more courts have taken cognizance of the same offence and a
question arises as to which of them ought to inquire into and try the offence,
the question shall be decided by
(a) Supreme Court
(b) High Court to which such courts are subordinate
(c) Discussion among themselves
(d) Chief Justice

.correct answer : b

Q. No. 196
When will proceedings be vitiated if the Magistrate is not empowered to do so
? MP PCS J -1998
(a) To issue a search warrant under Section 94 of Cr.P.C.
(b) To hold on inquest under Section 176 of Cr.P.
(c) c. Tries an offender summarily
(d) To tender a pardon under Section 306 of Cr.P.C.

.correct answer : c

Q. No. 197
Service of summons to a person who is employed abroad
(a) Can be served through the embassy
(b) Affix it in the house where he ordinarily resides
(c) Through Interpol
(d) None of these
395

.correct answer : a

Q. No. 198
during the Investigation, the investigating police officer in a case has power to
require attendance of a person acquainted with the facts and circumstances
of the case, under Section………….of CR.P.C
(a) 160
(b) 2(h)
(c) 165
(d) 173

.correct answer : a

Q. No. 199
Which is the provision under the Code which requires sanction for
prosecution of a public servant in respect of an act in discharge of his official
duty?
(a) Section 195
(b) Section 199
(c) Section 198
(d) Section 197

.correct answer : d

Q. No. 200
What is effect of trial conducted in wrong place? MP PCS J -1998
(a) Vitiated itself
(b) Vitiated if caused failure of justice
(c) Seriousness has to be seen
(d) Is to be referred to High Court

.correct answer : b
396

Q. No. 201
Service of summons outside the local limits of a court shall be sent to
(a) The S.P. of Police
(b) S.H.O.
(c) The Magistrate within on whose local jurisdiction the person summon resides
(d) None of these

.correct answer : c

Q. No. 202
Joining of two or more independent and respectable inhabitants of the
locality in which the place is to be searched is provided in
(a) Section 100(4) of Cr.P.C.
(b) Section 103 of Cr.P.
(c) c. Section 100(2) of Cr.P.C.
(d) Section 102 of Cr.P.C.

.correct answer : a

Q. No. 203
Evidence of any person whose evidence is of a formal character may be given
by affidavit and be read to evidence in any enquiry and trial as provided
under section;
(a) 294
(b) 295
(c) 296
(d) 297

.correct answer : c

Q. No. 204
Insistence on personal presence of the accused and the complainant on all
days of posting has been declared unreasonable and irrational by the Kerala
High Court in;
(a) Anilkumar Vs.Shami
(b) Alice George Vs. DYSP
397

(c) Sukumari Vs. State of Kerala


(d) Sugandhi Vs.Jagadeesan

.correct answer : b

Q. No. 205
Reports of certain government scientific experts may be used as evidence in
any enquiry, trial of other proceedings as provided under section;
(a) 273
(b) 293
(c) 294
(d) 295

.correct answer : b

Q. No. 206
The batha to a defense witness should be paid by;
(a) The Government
(b) The complainant
(c) The accused
(d) The prosecution

.correct answer : c

Q. No. 207
A summons case relating to an offence punishable with imprisonment for a
term exceeding…….can be converted into a warrant case under section 259
Cr.P.C.
(a) 1 year
(b) 2 years
(c) 3 months
(d) 6 months

.correct answer : d

Q. No. 208
398

Power to stop proceedings under section 258 Cr.P.C. is applicable only in;
(a) Any case triable by Magistrate
(b) Summons case instituted on police report
(c) Summons case instituted on complaint
(d) Warrant cases

.correct answer : b

Q. No. 209
In which of the following Cases the Supreme court held that ‘discharge or
acquittal of accused due to the delay in commencement of trial’ cannot be
given as matter of rule?
(a) Ramachandra Rao Vs. State of Kearnataka
(b) A.R.Antuley Vs. R.S.Naik
(c) “Common cause” – Registered Society Vs. Union of India
(d) Basavaraj Patel Vs. State of Karnataka.

.correct answer : d

Q. No. 210
As a matter of right, the accused in a case cannot examine…….as defense
witness;
(a) A prosecution witness
(b) A witness in the charge sheet
(c) The complainant
(d) The accused himself

.correct answer : c

Q. No. 211
Which of the following section provides that evidence in case shall be taken in
the presence of the accused;
(a) 205
(b) 317
(c) 271
(d) 273
399

.correct answer : d

Q. No. 212
Production warrant can be issued under section;
(a) 167(1)
(b) 167(2)
(c) 267
(d) 309

.correct answer : c

Q. No. 213
The principle of “Autrefois acquit and autrefois convict” is contained in
section;
(a) 20(2)
(b) 300
(c) 100
(d) 302

.correct answer : b

Q. No. 214
In which of the following cases no part of the proceedings is an inquiry
(a) Sessions cases
(b) Warrant cases
(c) Summons cases
(d) None of these

.correct answer : c

Q. No. 215
Under section 300 Cr.P.C
(a) Person once convicted or acquitted not to be convicted or acquitted again fro
the same offence
(b) Person once convicted or acquitted not to be charge sheeted for same offence
400

(c) Person once convicted or acquitted not to be tried for same offence
(d) None of these

.correct answer : c

Q. No. 216
The affidavit mentioned under section 296 for the purpose of using before any
court may be sworn or affirmed before;
(a) Any Judge or judicial or executive magistrate
(b) Any commissioner of oath appointed by High Court or Court of Sessions
(c) Any notary
(d) All the above

.correct answer : d

Q. No. 217
Which of the following is introduced by the Code of Criminal Procedure,
1973
(a) Widened the scope of summary trials
(b) Taken away the powers of revision in against the interlocutory orders
(c) Widened the scope of summons trials
(d) All the above

.correct answer : d

Q. No. 218
The Supreme Court declared recording of evidenced through video
conferencing is valid and it is as per “Procedure established by law” in
(a) Swamy Jayendra Saraswathy Vs. State of Tamil Nadu
(b) State of Maharashtra Vs. Praful Desai
(c) Loknath Misra Vs. State of Orissa
(d) Afsal Guru Vs.NCT, Delhi.

.correct answer : b

Q. No. 219
401

General provisions regarding inquires and trial are dealt with in


(a) Chapter XX
(b) Chapter XXI
(c) Chapter XXIV
(d) Chapter XXV

.correct answer : c

Q. No. 220
The procedure for proving previous conviction of acquittal is given in;
(a) 297
(b) 298
(c) 299
(d) 211(7)

.correct answer : b

Q. No. 221
In which of the following cases the bar under section 300 applies;
(a) A second trial under Customs and Gold Control Act when the accused were
earlier tried under section 409 IPC (1997(1) KLT SN 4)
(b) Complaint dismissed for non appearance of the complainant under sections
203, and a fresh complaint filed
(c) Accused discharged holding that the proceedings were not maintainable as they
were initiated on a report filed by a person who was not authorized by law, a fresh
complaint by authorized officer (1994(1) KLT 59)
(d) All the above cases the bar is not applicable

.correct answer : d

Q. No. 222
In a summons case the trial commences from
(a) Framing of charge
(b) Issuance of process
(c) The moment the accused appears
(d) Examination of witnesses
402

.correct answer : c

Q. No. 223
When a sentence of imprisonment for a term passed on an escaped convict, if
such sentence is not severer in kind than the sentence which such convict was
undergoing when he escaped the new sentence shall take effect…..
(a) After he has suffered imprisonment for a further period equal to that which, at
the time of his escape, remained unexpired of his former sentence;
(b) Immediately
(c) Only after time specified by the court
(d) After a week.

.correct answer : a

Q. No. 224
Non cognizable offence has been defined under Section…………of CR.P.C
(a) 2(1)
(b) 2(i)
(c) 2(c)
(d) Not defined

.correct answer : b

Q. No. 225
A conviction by a Judicial 1st Class Magistrate which was appointed as
Special Court for trial for mark list cases, the appeal can be filed to;
(a) High Court
(b) Sessions Court
(c) Additional Sessions Court
(d) Chief Judicial Magistrate’s Court

.correct answer : b

Q. No. 226
If a person in lawful custody escapes, the person from whose custody he
403

escaped may, immediately pursue and arrest him MP PCS J -2001


(a) Within local limits of the police station concerned
(b) Within local limits of the district
(c) Within local limits of the state
(d) In any place in India

.correct answer : d

Q. No. 227
Where life imprisonment is imposed on conviction on a person for an offence
for which death is one of the punishments provided by law, or where a
sentence of death imposed on a person has been commuted under Section 433
into one of imprisonment for life, such person shall not be released from
prison unless he had served at least;
(a) 14 years of imprisonment
(b) 10 years of imprisonment
(c) 20 years of imprisonment
(d) 12 years of imprisonment

.correct answer : a

Q. No. 228
A magistrate has the power to direct the police to investigate into an offence
under
(a) Section 156(3) of Cr.P.C.
(b) Section 202 of Cr.P.
(c) c. Section 173(8) of Cr.P.C.
(d) All the above.

.correct answer : d

Q. No. 229
Which of the following is correct?
(a) A special judge has got the authority to sent a private complaint under Section
156(3) to the police for investigation (2001(3) KLT 444)
(b) Kerala police has jurisdiction to investigate an offence even if committed
outside India by an Indian Citizen (1993(1) KLT 412)
404

(c) No previous sanction of the Central Government is required for investigation


into an offence committed by an Indian citizen outside India (1999(2) KLT 794)
(d) All the above.

.correct answer : d

Q. No. 230
The Court of a Magistrate of first class may pass a sentence of imprisonment
for a term not exceeding MP PCS J -2001
(a) Three years
(b) Five years
(c) Seven years
(d) Four years

.correct answer : a

Q. No. 231
When a prisoner is to be confined in jail, the warrant shall be lodged with;
(a) The S.H.O. having jurisdiction
(b) The jailor
(c) S.P. of police
(d) D.G.P.

.correct answer : b

Q. No. 232
Under Section 20(4) of Cr.P.C., ……is the competent authority to prepare a
panel of persons fir to be appointed as public prosecutor in a district;
(a) District Judge
(b) District Magistrate
(c) High Court Judge in charge of the particular District
(d) Governor

.correct answer : b

Q. No. 233
405

In proceeding under Section 107 of Code of Criminal Procedure an Executive


Magistrate may require to execute a bond for keeping peace for such period,
not exceeding MP PCS J -2001
(a) One year
(b) Two years
(c) Three years
(d) Six months

.correct answer : a

Q. No. 234
‘Complaint’ is defined under section…………. of Cr.P.C.
(a) 2(d)
(b) 2(f)
(c) 2(e)
(d) not defined

.correct answer : a

Q. No. 235
Every sentence of death passed by the Court of Sessions shall be submitted to
the High Court;
(a) For review
(b) For confirmation
(c) For revision
(d) None of these

.correct answer : b

Q. No. 236
Any person, who has accepted a tender of pardon made under Section 306 or
Section 307, has, either by willfully concealing anything essential or by giving
false evidence, not complied with the condition on which the tender was
made. Who will certify this fact? MP PCS - 2001
(a) District Magistrate
(b) Sessions Judge
(c) Public Prosecutor
406

(d) Chief Judicial Magistrate

.correct answer : c

Q. No. 237
For the preparation of the panel of names of persons fit to be appointed as
public prosecutors, the District Magistrate shall consult;
(a) The High Court
(b) A High Court Judge
(c) The Sessions Judge
(d) The C.J.M.

.correct answer : c

Q. No. 238
In reference of information relating to the commission of a cognizable
offence, which of the following statements is not correct ? MP PCS J -2001
(a) It may be given orally to an officer in charge of a police station
(b) It is reduced to writing by or under the direction of the officer in charge of the
police station
(c) Information reduced to writing is to be signed by the person giving it.
(d) Copy of information cannot be given free of cost, to the informant.

.correct answer : d

Q. No. 239
A person who has been in practice as an advocate for less than…..years is
competent to be appointed as a special public prosecutor;
(a) 7 years
(b) 5 years
(c) 10 years
(d) 12 years

.correct answer : c

Q. No. 240
407

In a bailable offence, the bail is


(a) a matter of right
(b) discretion of the Court
(c) discretion of the police officer
(d) none of the above

.correct answer : a

Q. No. 241
On the death of an appellant during the pendency of the appeal, an
application by any of the near relatives for the leave of the Court to continue
the appeal;
(a) Within 90 days of the death of the appellant
(b) Within 30 days of the death of the appellant
(c) Within 90 days of the death of the appellant
(d) Within one year of the death of the appellant

.correct answer : b

Q. No. 242
Magistrate by whom the case is heard may award such compensation, not
exceeding ………………rupees to be paid to any person groundlessly arrested
by the person so causing the arrest. MP PCS J -2001
(a) One hundred
(b) Five hundred
(c) Three hundred
(d) One thousand

.correct answer : a

Q. No. 243
A person who has been in practice as an advocate for less than…..years is
competent to be appointed as a public prosecutor;
(a) 7 years
(b) 5 years
(c) 10 years
(d) 12 years
408

.correct answer : a

Q. No. 244
At any time before the Judgment is pronounced, prosecution of any person
may be withdrawn with the consent of the Court by MP PCS J -2001
(a) On whose instance first information report was recorded
(b) Investigating officer of the case
(c) Public Prosecutor or Assistant Public Prosecutor in charge of the case
(d) Person aggrieved by the offence

.correct answer : c

Q. No. 245
Classification of offences into Compoundable and Non-compoundable
offences has been given in the Code of Criminal Procedure under
(a) 1st schedule
(b) 2nd schedule
(c) S.320
(d) Not given in Cr.P.C

.correct answer : c

Q. No. 246
As per Sec.468 Cr.P.C., period of limitation in the case of an offence
punishable with imprisonment for a term not exceeding one year is;
(a) One year
(b) Six months
(c) Three months
(d) No limitation

.correct answer : a

Q. No. 247
Which of the following classifications comes under Criminal Procedure
Code?
409

(a) Summons cases & Warrant cases.


(b) Bailable & Non Bailable offences
(c) Cognizable & non cognizable offences
(d) Compoundable and non-compoundable offences
(e) All of the above

.correct answer : e

Q. No. 248
Inquiry is defined in Sec……of Cr.P.C.;
(a) 2(h)
(b) 2(g)
(c) 2(i)
(d) 2(f)

.correct answer : b

Q. No. 249
Cognizance in a case is taken of the
(a) Offence
(b) . Offender
(c) . Prosecution
(d) . Charge.

.correct answer : a

Q. No. 250
When the person required by any Court to execute a bond is a minor, the
bond may be executed;
(a) By the minor himself.
(b) By the minor and sureties jointly.
(c) By a surety or sureties only
(d) No bond is needed

.correct answer : c
410

Q. No. 251
Cognizable offence has been defined under Sec. ………….of Cr.P.C
(a) 2(a)
(b) 2(c)
(c) 2(i)
(d) Not defined

.correct answer : b

Q. No. 252
A Magistrate can direct the investigation into a cognizable offence by;
(a) Any police officer
(b) Superior police officers under Se
(c) 36 of Cr.P.C. c. C.B.I.
(d) Station House Officer

.correct answer : d

Q. No. 253
The Central Government or the State Government may appoint for the
purposes of any case or class of cases, a person who has been in practice as
advocate for not less than MP PCS J -2001
(a) Five
(b) Seven
(c) Eight
(d) Ten years as a Special Public Prosecutor.

.correct answer : d

Q. No. 254
The term investigation is defined in Section;
(a) 2(g)
(b) 2(h)
(c) 2(i)
(d) 2(f)

.correct answer : b
411

Q. No. 255
Under Section 156(3) a magistrate has the power to direct the investigation by
(a) SHO
(b) CBI
(c) Any Agency
(d) None of these

.correct answer : a

Q. No. 256
Payment of compensation by the complainant in a complaint case to pay
compensation to the accused when there was no reasonable ground for
making the accusation against the accused is provided in section
(a) 250
(b) 251
(c) 350
(d) 357

.correct answer : a

Q. No. 257
How much punishment may be awarded to an accused who is found guilty
under a summary trial? MP PCS J -1998
(a) Not exceeding two years
(b) Not exceeding one year
(c) Not exceeding six months
(d) Not exceeding three months

.correct answer : d

Q. No. 258
In case of default of payment of compensation under Section 250 by the
complainant to the accused, the person ordered to pay ordered to pay
compensation;
(a) Shall undergo simple imprisonment for 7 days
412

(b) Shall undergo imprisonment of either nature for 30 days


(c) Shall undergo rigorous imprisonment for 6 weeks
(d) Shall undergo simple imprisonment for a period not exceeding 30 days

.correct answer : d

Q. No. 259
Whether an accused may be a competent witness in his own defense? MP
PCS J -1998
(a) If he applies in writing on his own request
(b) No
(c) With the leave of Court of Session
(d) With the leave of High Court

.correct answer : a

Q. No. 260
Two cases arising out of the same incident, one case is exclusively trialable by
a Court of Sessions and one trialable by any Magistrate;
(a) It is necessary to transfer the 2nd case to the Magistrate
(b) Both cases should be tried together
(c) The Sessions Judge can use his discretion
(d) None of these

.correct answer : b

Q. No. 261
The committee recommended major changes in the Code of Criminal
Procedure 1973:
(a) Justice R.S.Padhak Committee.
(b) Justice Malimath Committee
(c) Justice Nanavathy Committee
(d) Justice Varma Committee

.correct answer : b
413

Q. No. 262
Under section 241 Cr.P.C. if the accused pleads guilty, the judge shall record
the plea and may, in his discretion;
(a) Acquit him
(b) Release him
(c) convict him
(d) None of these

.correct answer : c

Q. No. 263
Whenever a Magistrate is of opinion, after hearing the evidence for
prosecution & the accused, that the accused is guilty, and that he ought to
receive a severe punishment, then such Magistrate is empowered to inflict,
the Magistrate may forward the case to MP PCS J -1998
(a) Session Judge
(b) Chief Judicial Magistrate
(c) District Magistrate
(d) Concerned Police Station

.correct answer : b

Q. No. 264
The maximum number of offences of the same kind within the space of twelve
months that can be charged together is;
(a) 3
(b) 4
(c) 5
(d) No limit

.correct answer : a

Q. No. 265
A proclaimed person whose property has been attached can claim the
property or the sale proceeds, on appearance within………year of attachment
(a) 1
414

(b) 3
(c) 2
(d) 5

.correct answer : c

Q. No. 266
The maximum amount of compensation a 1st class Judicial Magistrate can
award;
(a) Rs.5,000/-
(b) Rs.10,000/-
(c) Rs.50,000/-
(d) No limit

.correct answer : d

Q. No. 267
Section 211 of the Cr.P.C provides for
(a) Contents of charge
(b) framing of charge the contents of complaint
(c) hearing on charge
(d) alteration of charges

.correct answer : d

Q. No. 268
Who amongst the following is competent under Section 92 of Cr.P.C. to order
the postal or telegraph authority to deliver the document thing?
(a) District Magistrate
(b) Chief Judicial Magistrate
(c) Metropolitan Magistrate
(d) All the above

.correct answer : d

Q. No. 269
415

Under Section 30 of Cr.P.C. the Court of a Magistrate may award such term
of imprisonment in default of payment of fine but ;
(a) It is not in excess of powers of the Magistrate under Section 29
(b) Shall not, where imprisonment has been awarded as part of the substantive
sentence, exceed ¼th of the term of imprisonment which the magistrate can
impose.
(c) The imprisonment awarded under this section may be in addition to a
substantive sentence of imprisonment
(d) All the above are correct

.correct answer : d

Q. No. 270
In one trial A is awarded with the sentence which is not appealable whereas
sentence against B is appealable. Whether A can file an appeal against his
sentence? MP PCS J -1998
(a) No
(b) Only with special leave
(c) Yes
(d) There is no such provision

.correct answer : c

Q. No. 271
Cognizance of an offence punishable 499 of the Indian Penal Code can be
taken by the court on a complaint made by
(a) The court
(b) The public prosecutor
(c) a public servant
(d) A person aggrieved by the offence

.correct answer : d

Q. No. 272
When can a trial court release an accused on bail under Section 389(3) of
Cr.P.C. after conviction? MP PCS J -1998
(a) Where accused is on bail and imprisonment is not exceeding 3 years
416

(b) Where accused is on bail and imprisonment is not exceeding 5 years


(c) Where accused is on bail and imprisonment is not exceeding 7 years
(d) Where offence is exclusively bailable whether accused is on bail or not

.correct answer : a

Q. No. 273
Under section 210 Cr.P.C. When there is a complaint case and police case in
respect of the same offence
(a) They should be tried separately
(b) They may be tried together or separately
(c) They should be tried together
(d) They may not tried together

.correct answer : c

Q. No. 274
Under S. 96 , a declaration of forfeiture under Section 95 of Cr.P.C. can be set
aside by;
(a) High Court
(b) Chief Judicial Magistrate
(c) Court of Sessions
(d) Any of the above

.correct answer : a

Q. No. 275
Sentence in default of payment of fine cannot be directed to run concurrently
with substantive sentence. This is provided in
(a) 64 of Cr.P.C.
(b) 64 of I.P.
(c) c. Rule 64 of Criminal Rules of Practice
(d) 65 of I.P.C.

.correct answer : b
417

Q. No. 276
If in a criminal appeal an accused dies and his near relatives wish to continue
the appeal, then within how much period they must apply? (MP PCS J -1998)
(a) Four months
(b) Three months
(c) Sixty days
(d) Thirty days

.correct answer : d

Q. No. 277
A warrant can be issued under Section 87;
(a) In lieu of summon
(b) In addition to summons
(c) Both a. & b.
(d) None of the above

.correct answer : c

Q. No. 278
There shall be no appeal by a convicted person where a Magistrate of the first
class passes only a sentence of fine not exceeding MP PCS J -2001
(a) One hundred
(b) Two hundred
(c) Three hundred
(d) Two hundred and fifty rupees.

.correct answer : a

Q. No. 279
When any person is sentenced to death, the sentence shall direct that he be;
(a) Hanged till he is dead
(b) Hanged by neck
(c) Hanged by neck till death
(d) None of these
418

.correct answer : c

Q. No. 280
No Court shall take cognizance of an offence punishable with fine only, after
the expiry of the period of limitation of MP PCS J -2001
(a) Two months
(b) Three months
(c) Ninety days
(d) Six months

.correct answer : d

Q. No. 281
The compounding of an offence under Section 320 shall have the effect of;
(a) Discharge
(b) Withdrawal
(c) Permission of the court
(d) An acquittal

.correct answer : d

Q. No. 282
Three years period of limitation is prescribed for taking cognizance of the
offence punishable with imprisonment for a term not exceeding MP PCS J
-2001
(a) One year
(b) Three years
(c) Five years
(d) Seven years

.correct answer : b

Q. No. 283
As per the Cr.P.C. Amendment Act 2005, the State Government may
establish a directorate of prosecution. This is provided in Section;
419

(a) 24(10)
(b) 25(A)
(c) 20(A)
(d) 24(9)(A).

.correct answer : b

Q. No. 284
The Public Prosecutor or Assistant Public Prosecutor in charge of a case may
appear and plead before any court in which that case is under inquiry, trial
or appeal;
(a) Without any written authority
(b) with written authority
(c) With the permission of the Court
(d) With oral instruction

.correct answer : a

Q. No. 285
What sentence an Assistant Sessions Judge may award ? MP PCS J -1998
(a) Life imprisonment
(b) Any sentence authorized by law except a sentence of death or of imprisonment
for life or of imprisonment for a term exceeding ten years
(c) Up to fourteen years
(d) Up to twenty years

.correct answer : b

Q. No. 286
If a court has reason to believe that a person against whom a warrant has
been issued is either absconding or concealing himself so that a warrant
cannot be executed, the a court may issue a proclamation against him. That
person should be . (DJS 2007)
(a) An accused person
(b) A surety
(c) A witness
(d) All the above
420

.correct answer : d

Q. No. 287
A police officer arresting a person may carry out the personal search of the
person arrested, as provided under Section …………….. of Cr.P.C.
(a) 165
(b) 54
(c) 51
(d) 50

.correct answer : c

Q. No. 288
A person shall be eligible to be appointed as a Deputy Director of Prosecution
only if he has been in practice as an Advocate for not less than……years;
(a) 5 years
(b) 7 years
(c) 10 years
(d) 12 years

.correct answer : c

Q. No. 289
The provisions of Section 25A is not applicable to;
(a) Deputy Director or Prosecution
(b) Special Prosecutors
(c) Prosecutors in the High Court
(d) Advocate General

.correct answer : d

Q. No. 290
It is mandatory to produce the person arrested before the magistrate, within
24 hours of his arrest under Section …………. of Cr.P.C.
(a) 157.
421

(b) 58
(c) 57
(d) 41

.correct answer : c

Q. No. 291
The plea of autrefois acquit or autrefois convict can be taken as a defence
under;
(a) Section 300 of Code
(b) Section 301 of the Code
(c) Section 302 of Code
(d) Section 303 of Code

.correct answer : a

Q. No. 292
A person arrested by a police officer may be kept in custody for MP PCS J
-1998
(a) Two days
(b) Three days
(c) Twenty-four hours
(d) One week

.correct answer : c

Q. No. 293
As per S.260 of Cr.P.C. What is the maximum term of imprisonment in the
case of conviction for an offence which can be tried summarily?
(a) Fifteen days
(b) Six months
(c) Three months
(d) One month

.correct answer : c
422

Q. No. 294
In a first information an offence is cognizable and other is non-cognizable the
whole case shall be deemed to be MP PCS J -1998
(a) Cognizable
(b) Non-cognizable
(c) It is to be seen whether it is a warrant case
(d) It is to be seen whether it is a summon case

.correct answer : a

Q. No. 295
What is true about Court of Session? MP PCS J -1998
(a) It can take cognizance without commitment
(b) It cannot take cognizance without commitment
(c) It can take cognizance on the recommendation of District Magistrate
(d) It can take cognizance if the challan is put up by the Superintendent of Police

.correct answer : b

Q. No. 296
The jurisdiction in the case of Juveniles is vested in;
(a) The High Court
(b) The Sessions Court
(c) The C.J.M.
(d) Any Magistrate

.correct answer : c

Q. No. 297
Period of limitation for filing claims and objections to the attachment of any
property attached under section 83 of Cr.P.C. by any person other than the
proclaimed person, as provided under section 84 of Cr.P.C.
(a) Within two months of attachment
(b) Within one year of attachment
(c) Within six months of attachment
(d) Within three months of attachment
423

.correct answer : a

Q. No. 298
The maximum amount of fine a Judicial 1st Class Magistrate can impose;
(a) Rs.5,000/-
(b) Rs.10,000/-
(c) As per the Schedule of Cr.P.C.
(d) No limit

.correct answer : b

Q. No. 300
A person not complying with the conditions of pardon shall not tried for the
offence of giving false evidence except with the sanction of;
(a) Public Prosecutor
(b) Sessions Court
(c) Court which tendered pardon
(d) High Court

.correct answer : d

Q. No. 301
A person not complying with the conditions of pardon can be tried for which
of the following offence;
(a) For giving false evidence
(b) For fabricating evidence
(c) Abatement of offences for which he was given pardon
(d) None of these

.correct answer : a

Q. No. 302
In which of the following cases the Supreme Court has held that a
questionnaire can be supplied to the counsel of the accused to be answered by
the accused to comply with section 313 Cr.P.C.
(a) Mahendra Singh Vs. State of Maharashtra
(b) Basavaraj Patel Vs. State of Karntaka
424

(c) Rajendraprasad Vs. Narcotic Cell


(d) Sunil Bajaj Vs. State of M.P.

.correct answer : b

Q. No. 303
Every person accepting a tender of pardon under section 306(1) shall be
examined as a witness in the court of;
(a) Trial
(b) Magistrate taking cognizance of the offence
(c) Both the Magistrate taking cognizance of the offence and in the subsequent
trial
(d) None of these

.correct answer : c

Q. No. 304
The power to postpone or adjourn the proceedings during the trial as enquiry
is provided under Section;
(a) 317
(b) 205
(c) 309
(d) 305

.correct answer : c

Q. No. 305
The maximum period a Magistrate can remand an accused under Section 309
Cr.P.C.
(a) 15 days
(b) 90 days
(c) Not exceeding 15 days at a time
(d) 60 days

.correct answer : c
425

Q. No. 306
When a person is added as an accused of the law required is;
(a) A Separate trial for the newly added accused
(b) A denovo trial in a separate proceedings
(c) A denovo trial in the very same proceedings
(d) Non of the above

.correct answer : c

Q. No. 307
A remand under section 309 can be;
(a) Police custody
(b) Judicial custody only
(c) Partly judicial and partly police custody
(d) Any of the above.

.correct answer : b

Q. No. 308
Which of the following is a non compoundable offence?
(a) 325
(b) 335
(c) 337
(d) 326

.correct answer : d

Q. No. 309
Chapter ____ of Cr.P.C. provides for summary procedure for maintenance of
neglected wife, parents and child
(a) IX
(b) X
(c) VIII
(d) VII

.correct answer : a
426

Q. No. 310
The Supreme Court has held that a criminal trial can be held in jail and it is
not against Section 327 Cr.P.C in
(a) Keharsingh Vs. Delhi Administration
(b) Nalini Vs. State of Tamil Nadu
(c) Sanjaydut Vs. CBI
(d) Sahira Sheik Vs. State of Gujarat

.correct answer : a

Q. No. 311
The power of courts to award compensation;
(a) Is ancillary to other sentences
(b) Is in addition to other sentences
(c) Either (a) or (b)
(d) None of these

.correct answer : b

Q. No. 312
Who can file a petition for withdrawal under Section 321 Cr.P.C.
(a) The defcto complainant
(b) The de juro complainant
(c) The Public Prosecutor
(d) Any of the above

.correct answer : c

Q. No. 313 Allowing an application under Section 321 must be in the interest
of
(a) The defacto complainant
(b) The State
(c) Prosecutor
(d) Administration of Justice

.correct answer : d
427

Q. No. 314
When a sentence of death, imprisonment for life or fine is passed on an
escaped convict, such sentence shall……………..
(a) Take effect from the date specified on the judgment
(b) Take effect immediately
(c) On the expiry of the previous sentence
(d) None

.correct answer : b

Q. No. 315
When more persons than one are convicted in one trial and an appealable
judgment ahs been passed
(a) A joint appeal should be file
(b) An appeal may be filed by all or any of the persons
(c) An appeal shall be filed by all persons
(d) An appeal should be filed by the majority of persons

.correct answer : b

Q. No. 316
The review power of criminal court is taken away by Section….of Cr.P.C.
(a) 361
(b) 362
(c) 261
(d) 262

.correct answer : b

Q. No. 317
In the case of a continuing offence;
(a) No period of limitation
(b) A fresh period of limitation shall begin to run at every moment of the time
during which the offence continues
(c) 12 years
(d) None of the above
428

.correct answer : b

Q. No. 318
When a sentence of imprisonment for a term if passed under the Code on an
escaped convict, if such sentence is severer in kind than the sentence which
such convict was under giving when he escaped;
(a) The new sentence shall take effect immediately
(b) The new sentence shall be taken effect from the date court decides
(c) The new sentence need not be given effect to
(d) None

.correct answer : a

Q. No. 319
In which of the following cases, the Kerala High Court has held that the
summons is issued to produce a document in the custody of the house of
parliament or of a legislature the speaker shall place the request before the
house and the speaker has no discretion in the matter;
(a) Vakkom Purushothaman Vs. State of Kerala
(b) Navab Rajendran Vs. State of Kerala
(c) Jomon Puthenpurakkal Vs. State of Kerala
(d) None of these

.correct answer : a

Q. No. 320
Section 433 empowers the Government to commute, without the consent of
the person concerned,
(a) A sentence of death-For any other punishment provided in the IPC
(b) A sentence of imprisonment for life-For punishment for a term not exceeding
fourteen years of fine
(c) A sentence of rigorous imprisonment-for simple imprisonment for any term to
which that person might have been sentenced or for fine
(d) All of the above.

.correct answer : d
429

Q. No. 321
The full bench decision of the Kerala High Court which held that the accused
has no right to cross examine an approver while he is examined before the
Magistrate.
(a) Asokan.L.S. Vs. State of Kerala
(b) Abbas Vs. State of Kerala
(c) Moosa Vs. S.I. of Police
(d) Shaji Vs. State of Kerala.

.correct answer : a

Q. No. 322
Which of the following cannot be dismissed for default?
(a) A criminal appeal filed by the accused against conviction
(b) A criminal Revision Petition
(c) Both (a) & (b)
(d) None of these

.correct answer : c

Q. No. 323
When an appellant is ultimately sentenced to imprisonment for a term or to
imprisonment for life, the time during which he is released on bail shall be…
(a) Included or excluded at the discretion of the Court
(b) Excluded in computing the term for which he is so sentenced
(c) Included in computing the term for which he is so sentenced
(d) Neither (a) nor (b).

.correct answer : b

Q. No. 324
When a sentence of Imprisonment for a term passed on an escaped convict, if
such sentence is not severer in kind that the sentence which such convict was
undergoing when he escaped the new sentence shall take effect….
(a) after 15 days
430

(b) After he has suffered imprisonment for a further period equal to that which at
the time of his escape, remained unexpired of his former sentence.
(c) Immediately
(d) Only after the time specified by the court

.correct answer : b

Q. No. 325
The constitution bench decision which examined the scope and ambito section
195 and declared that it is applicable only when the document was in custodia
legis;
(a) Iqbal singh Marva Vs.Meenakshi Marva
(b) Kalimuthu Vs. State
(c) Fathr Thomas Vs. Thomas J Padiyath
(d) Oonamchand Jain Vs. Fazru

.correct answer : a

Q. No. 326
A complaint alleging the commission of an offence under Section 500 can be
filed;
(a) By aggrieved person only
(b) By the Power of Attorney Holder of the Aggrieved person
(c) Concept of Locus standi is alien to criminal jurisproudence and any one can
file the complaint
(d) Both (a) & (b).

.correct answer : a

Q. No. 327
When a person already undergoing a sentence of imprisonment for life is
sentenced on a subsequent conviction, to imprisonment for a term or for a
term of imprisonment for life, the subsequent sentence shall…….
(a) Run consecutively
(b) Run concurrently with such previous sentence
(c) Take effect after the expiry of the previous sentence
(d) Be postponed indefinitely
431

.correct answer : b

Q. No. 328
The defacto complainant can be heard in a petition filed by the accused under
Sections , the Kerala High Court has held this in ;
(a) K.C.Kunjiraman Vs. State of Kerala
(b) Jyothish Vs. State of Kerala
(c) Thammanam Shaji Vs. State of Kerala
(d) Anilkumar Vs. State of Kerala.

.correct answer : a

Q. No. 329
Which of the following order is absolute?
(a) 133
(b) 144
(c) Both (a) and (b)
(d) None of these

.correct answer : b

Q. No. 330
The definition of ‘cognizable offence’ uses the expression
(a) May arrest
(b) Shall arrest
(c) A. or B.
(d) None

.correct answer : a

Q. No. 331
When a sentence of death, imprisonment for life or fine is passed on an
escaped convict, such sentence shall….
(a) Take effect immediately
(b) On the expiry of the previous sentence.
432

(c) On a specified date


(d) None of these

.correct answer : a

Q. No. 332
A precise formulation of the specific accusation made against a person, who is
entitled to know its nature at the earliest stage is called
(a) Charge sheet
(b) Charge
(c) Sentence
(d) Conviction

.correct answer : b

Q. No. 333
A warrant for levy of fine shall……
(a) Be executed by arrest or detention of the offender.
(b) Not to be executed by arrest or detention of the offender.
(c) Can be executed by arrest only
(d) Can be executed by detention only

.correct answer : b

Q. No. 334
Every warrant for the execution of sentence of imprisonment shall be
directed to….
(a) The officer in charge of the jail or other place in which the prisoner is or is to
be confined
(b) To the Sub Inspector of Police of the local jurisdiction
(c) To the nearest Magistrate
(d) None

.correct answer : a

Q. No. 335
433

When the prisoner is to be confined in jail, the warrant shall be lodged


with….
(a) The jailor
(b) Local Sub Inspector of Police
(c) Director General of Police
(d) None of these

.correct answer : a

Q. No. 336
Where an appeal is against a conviction and sentence of death or of
imprisonment, and the appellant dies during the pendency of the appeal,
(a) Dismissed
(b) The near relatives can continue the appeal with the permission of the Court
(c) Shall abate
(d) None

.correct answer : b

Q. No. 337
On the death of an appellant during the pendency of the appeal, an
application by any of the near relatives for the leave of the Court to continue
the appeal; within
(a) 30 days of the death of the appellant
(b) 15 days of the death of the appellant
(c) 90 days of the death of the appellant
(d) one year

.correct answer : a

Q. No. 338
The rule of interpretation which is made famous by the classic decision which
has been followed by Courts in India in interpreting the criminal procedure
(a) R. Vs. Baskarvillie
(b) Emperor Vs. Ismail Hirji
(c) Kottayya Vs. Emperor
(d) Tailor Vs. Tailor
434

.correct answer : d

Q. No. 339
The Supreme Court has issued guidelines for the interim custody of
properties pending trial in
(a) Samya Seit Vs. Sambu Sarkar
(b) M.P.Lohia Vs. State of West Bengal
(c) Sunderbhai Ambalal Vs. State of Gujrat
(d) Shaji Vs. State of Kerala.

.correct answer : c

Q. No. 340
The authority who can tender pardon to accomplice to make him an approver
during the stage of investigation;
(a) Any Magistrate
(b) The Magistrate who is enquiring into or trying the case
(c) Chief Judicial Magistrate or Metropolitan Magistrate
(d) None of the above

.correct answer : c

Q. No. 341
The procedure for tendering pardon to an accomplice is mentioned in
(a) 305
(b) 306
(c) 360
(d) 361

.correct answer : b

Q. No. 342
The procedure when a corporation or a registered society is an accused, is
provided under section;
(a) 304
435

(b) 305
(c) 306
(d) 307

.correct answer : b

Q. No. 343
The code of criminal procedure deals with
(a) The constitution and powers of Courts
(b) The conduct of criminal proceedings
(c) prevention of crimes
(d) All the above

.correct answer : d

Q. No. 344
Which of the following section is applicable even in Court martial convictions
(a) 374
(b) 389
(c) 433A
(d) None of these

.correct answer : c

Q. No. 345
The prosecution in a Magistrate Court can be conducted by instituted on a
police report;
(a) Assistant Public Prosecutor
(b) Any person after than a police officer below the rank of inspectors
(c) Any person including the police officer who has taken part in the investigation
(d) All the above

.correct answer : b

Q. No. 346
‘A” is tried for causing grievous hurt and convicted. The person injured
436

afterwards died.
(a) A may be tried again for culpable homicide
(b) A cannot be tried again for any offence
(c) A can be tried for murder
(d) None of these

.correct answer : a

Q. No. 347
Legal aid to accused who has no sufficient means to engage a pleads shall be
provided by the court by assigning a pleads for his defense at the expense of
the state, is provided in section;
(a) 303
(b) 304
(c) 305
(d) 300

.correct answer : b

Q. No. 348
The right of an accused to be defended by a pleader of his choice is provided
in section;
(a) 302
(b) 303
(c) 304
(d) 305

.correct answer : b

Q. No. 349
A person discharged under section 258
(a) Can be tried again
(b) Shall not be tried again
(c) Shall not be tried again except with the consent of the court
(d) None of these

.correct answer : c
437

Q. No. 350
The procedure for trial of persons not complying with the conditions of
pardon is mentioned;
(a) 306
(b) 307
(c) 308
(d) 367

.correct answer : c

Q. No. 351
Under which of the following sections, the examination of the accused is
mandatory;
(a) 313(1)(a)
(b) 313(1)(b)
(c) Both (a) & (b)
(d) None of these

.correct answer : b

Q. No. 352
The power to certify that a person who is tendered pardon not complying
with the conditions of pardon under section 308 is with
(a) The Court which tendered pardon
(b) The Court enquiring into or trying the case
(c) Public Prosecutor
(d) Investigating Officer

.correct answer : c

Q. No. 353
Power under section 307 Cr.P.C. to direct tender of pardon is vested with
(a) Any Magistrate
(b) Chief Judicial Magistrate
(c) Sessions Court
(d) None of the above
438

.correct answer : c

Q. No. 354
The word “Lacuna” in the contest of Section 311 Cr.P.C. means;
(a) Fall out of oversight
(b) Any latches
(c) Inherent weakness
(d) None of these

.correct answer : c

Q. No. 355
A person accepting a tender of pardon under section 306 Cr.P.C.
(a) shall be examine as a witness in the court of Magistrate taking cognizance and
in the subsequent trial;
(b) Shall be detained in custody until the termination of the trial unless he is
already in bail
(c) Both (a) and (b)
(d) None of the above

.correct answer : c

Q. No. 356
Power under Section…….includes the power to advance a case by the Trial
court;
(a) 482
(b) 309
(c) 167
(d) 205

.correct answer : b

Q. No. 357
Section 306 Cr.P.C.(tender of pardon to accomplice) applies to;
(a) Offences exclusively triable by Court of Sessions
439

(b) Any offences punishable with imprisonment which may extent to 7 years or
more
(c) Both (a) and (b)
(d) None of the above

.correct answer : c

Q. No. 358
The Supreme Court examined the scope of a private person to participate in
conduct of prosecution when trial is before Magistrate Court and held that a
private person can conduct prosecution before a magistrate in
(a) Balakrishna Pillai Vs. State of Kerala
(b) T.
(c) Mathai Vs. District and Sessions Judge c. K.Karunakaran Vs. State of Kerala
(d) J.K.International Vs. State

.correct answer : d

Q. No. 359
The authority who can tender pardon to accomplice to make him an
approver, during the state of inquiry and trial is;
(a) Chief Judicial Magistrate
(b) Metropolitan Magistrate
(c) First Class Magistrate inquiring into or trying the offence
(d) All the above

.correct answer : d

Q. No. 360
When a sentence of imprisonment for a term passed on an escaped convict, if
such sentence is not severer in kind than the sentence which such convict was
undergoing when he escaped the new sentence shall take effect……
(a) After he has suffered imprisonment for a further period equal to that which at
the time of his escape, remained unexpired of his former sentence.
(b) Immediately
(c) Only after the time specified by the court
(d) None of the above
440

.correct answer : a

Q. No. 361
Right to speedy trial is guaranteed under
(a) Cr.P.C.
(b) Article 21 of the Constitution of India
(c) Article 22 of the Constitution of India
(d) In special Laws

.correct answer : b

Q. No. 362
Which of the following is a complaint
(a) An application to take preventive measures under section107 Cr.P.C.
(b) A petition filed under section 145
(c) An application praying for an action under section 106
(d) None of the above

.correct answer : d

Q. No. 363
Where a sentence of imprisonment for life is imposed on conviction on a
person for an offence for which death is one of the punishments provided by
law, or where a sentence of death imposed on a person has been commuted
under Section 433 into one of imprisonment for life, such person shall not be
released from prison unless he had served at least….
(a) 14 years of imprisonment.
(b) 20 years of imprisonment
(c) 12 years of imprisonment
(d) None of the above

.correct answer : a

Q. No. 364
Section 433 empowers the Government to commute, without the consent of
441

the person concerned,


(a) A sentence of death for any other punishment provided in the IPC
(b) A sentence of imprisonment for life for imprisonment for a term not exceeding
fourteen years or fine
(c) A sentence of rigorous imprisonment for simple imprisonment for any term to
which that person might have been sentenced or for fine
(d) All the above

.correct answer : d

Q. No. 365
When a person already undergoing a sentence of imprisonment for life is
sentenced on a subsequent conviction, to imprisonment for a term or for a
term of imprisonment for life, the subsequent sentence shall….
(a) Run concurrently with such previous sentence
(b) Take effect after that expiry of the previous sentence
(c) Be postponed indefinitely
(d) None of the above

.correct answer : a

Q. No. 366
The guidelines have been laid down by the Supreme Court regarding the
rights of accused at the stage of arrest in
(a) A.K. Gopalan Vs. State of Madras
(b) A.R. Antuly Vs. R.S. Naik
(c)
(d) K. Basu Vs. State of West Bengal d. State of Haryana Vs. Bajanlal

.correct answer : c

Q. No. 367
The power under section 459 can be used by the magistrate if the value of
such property is less than
(a) Rs.10
(b) Rs.100
(c) Rs.500
442

(d) Rs.1000

.correct answer : c

Q. No. 368
Under section 459 of Cr.P.C. the Magistrate may order for the selling of
property by the Government, if no claimant appears;
(a) Within three years
(b) Within one year
(c) Within 6 months
(d) Within 3 months

.correct answer : c

Q. No. 369
Provision for anticipatory bail has been embodied in
(a) Section 438
(b) Section 440
(c) Section 445
(d) All the above

.correct answer : a

Q. No. 370
The Supreme Court pointed out 6 categories of cases were section 482 can be
used to quash criminal proceedings in
(a) A.K. Gopalan Vs. State of Madras
(b) A.R. Antuly Vs. R.S. Naik
(c) K. Basu Vs. State of West Bengal

d. State of Haryana Vs. Bajanlal

.correct answer : d

Q. No. 371
Irregularities which do not vitiate trial have been stated in;
443

(a) Section 466 of CrPC


(b) Section 462 of CrPC
(c) Section 461 of CrPC
(d) Section 460 of CrPC.

.correct answer : d

Q. No. 372
Which of the following is not a complaint
(a) A complaint made to a police officer
(b) Information given to a police officer regarding the commission of a crime
(c) A complaint to a Collector
(d) None of the above

.correct answer : d

Q. No. 373
Irregularities which vitiate trial have been stated in;
(a) Section 467 of CrPC
(b) Section 466 of CrPC
(c) Section 461 of CrPC
(d) Section 460 of CrPC.

.correct answer : c

Q. No. 374
Under Section 468 of CrPC the period of limitation for an offence punishable
with a term not exceeding one year is;
(a) Three years
(b) Two years
(c) One year
(d) Six months

.correct answer : c

Q. No. 375
444

For an offence punishable with fine only, the period of limitation prescribed
under section 468 of CrPC is;
(a) Three years
(b) One year
(c) Six months
(d) Three months

.correct answer : c

Q. No. 376
Period of limitation for an offence punishable for a term more than three
year is;
(a) No limitation prescribed
(b) Thirty years
(c) Twelve years
(d) Three years

.correct answer : a

Q. No. 377
Period of limitation for an offence punishable with a term of two years as per
section 468 of CrPC is;
(a) Three years
(b) Two years
(c) One year
(d) Six months

.correct answer : a

Q. No. 378
Period of limitation shall commence;
(a) From the date of establishment of the identity of the accused if not known t the
time of commission of the offence.
(b) From the date of knowledge of the commission of the offence if not known
earlier
(c) From the date of offence generally
(d) All the above
445

.correct answer : d

Q. No. 379
Date from which the period of limitation is to commence has been prescribed
under;
(a) Section 470 of CrPC
(b) Section 469 of CrPC
(c) Section 471 of CrPC
(d) Section 472 of CrPC.

.correct answer : b

Q. No. 380
The inherent powers of the High Court are contained in;
(a) Section 492 of CrPC
(b) Section 482 of CrPC
(c) Section 472 of CrPC
(d) Section 462 of CrPC.

.correct answer : b

Q. No. 381
In which of the following cases the Supreme Court has held that right to fair
trial is a part of Article 21 of Constitution of India
(a) a. Mohammed Ahmad Khan Vs. Shah Bano Beegum
(b) A.R. Anthuly Vs. R.S. Naik
(c) Joginder Nahak Vs. State of Orissa
(d) Samta Singh Vs. State of Punjab.

.correct answer : b

Q. No. 382
The FIR can be quashed in the exercise of inherent powers by;
(a) The Magistrate’s Court
(b) The Court of Session
446

(c) The High Court


(d) Either (a) or (b) or (c).

.correct answer : c

Q. No. 383
As per the 2nd part of the 1st schedule of Cr.P.C. an offence punishable iwht
imprisonment for _____ years are bailable
(a) 3 years
(b) less than 3 years
(c) 2 years
(d) less than 2 years

.correct answer : b

Q. No. 384
Court can condone the delay
(a) Under Section 472 of CrPC
(b) Under Section 473 of CrP
(c) c. Under Section 471 of CrPC
(d) Under section 470 of CrPC.

.correct answer : b

Q. No. 385
Section 239 Cr.P.C. is applicable to
(a) Summons cases
(b) Summary trials
(c) Warrant cases instituted upon a police report
(d) Warrant cases instituted otherwise than on police report

.correct answer : c

Q. No. 386
An offence against a special law can be classified as bailable or non bailable
as per the
447

(a) special law


(b) Part 2 of the 1st schedule of Cr.P.
(c) c. 2nd schedule of Cr.P.C.
(d) None

.correct answer : b

Q. No. 387
When the Sessions Judge or the High Court calls for to examine the record of
any proceeding before any inferior criminal court, it is known as (UJS – 2002)
(a) Reference
(b) Review
(c) Revision
(d) None of these

.correct answer : c

Q. No. 388
Once police records information report FIR, a copy of same should be given
to complainant under;
(a) Section 156 of CrPC
(b) Section 155 of CrPC
(c) Section 154 of CrPC
(d) Section 153 of CrPC.

.correct answer : c

Q. No. 389
As regard procedural amendments to law unless the contrary is indicated
there is a presumption of
(a) Prospectivity
(b) Retrospectivity
(c) It will fall within the prohibition of Article 20
(d) Ex post facto loss

.correct answer : b
448

Q. No. 390
Committed proceedings before a magistrate is
(a) Enquiry
(b) Trial
(c) Neither a. nor b.
(d) Judicial proceedings

.correct answer : c

Q. No. 391
The trial in a warrant case starts with
(a) Appearance of the accused
(b) Examination of prosecution witnesses
(c) Framing of charges
(d) Issuance of process

.correct answer : c

Q. No. 392
Which of the following is a judicial proceedings
(a) A statement is recorded by a magistrate under section 164 Cr.P.C.
(b) Maintenance proceedings under section 125 Cr.P.
(c) c. Proceedings under section 446 Cr.P.C.
(d) All the above

.correct answer : d

Q. No. 393
Which of the following is not a judicial proceeding
(a) Examination of witnesses under section 161 Cr.P.C.
(b) Giving sanction under section 197 Cr.P.
(c) c. Calling for records under section 397 Cr.P.C.
(d) All the above

.correct answer : d
449

Q. No. 394
When a sentence of imprisonment for a term is passed under the Code on an
escaped convict, if such sentence is severer in kind than the sentence which
such convict was under giving when he escaped;
(a) The new sentence shall take effect immediately
(b) The new sentence shall be postponed
(c) The new sentence need not be given effect to
(d) None of the above

.correct answer : a

Q. No. 395
The word trial is defined in section
(a) 2(g)
(b) 300
(c) 228
(d) Not defined in the Code

.correct answer : d

Q. No. 396
Which of the following forms part of the procedural law
(a) Offence
(b) Prosecution
(c) Both
(d) None

.correct answer : b

Q. No. 397
Which of the following forms part of the substantive law
(a) Offence
(b) Prosecution
(c) Both
(d) None
450

.correct answer : a

Q. No. 398
Which of the following is a new section introduced by Cr.P.C. Amendment
Act 2005
(a) 53A
(b) 54A
(c) 291A
(d) All the above

.correct answer : d

Q. No. 399
If a case triable as a summons case, in fact tried as a warrant case
(a) trial is vitiated
(b) trial is not vitiated
(c) conviction is vitiated
(d) none of the above

.correct answer : b

Q. No. 400
As per the new Amendment of Cr.P.C. if the arrested person in a bailable
offence is indigent and cannot furnish security, the court shall release him on
his execution of a bond without sureties. This is contained in section
(a) 436A
(b) 436
(c) 436B
(d) 437A.

.correct answer : b

Q. No. 401
The magistrate has no power either under section 167 or under section 309 to
remand the accused to custody for a further period without laying charge
451

against him. The Kerala High Court has held so in


(a) Furtado Vs. C.
(b) I. b. Unnikrishnan Vs. State of Kerala
(c) Vijayan Vs. State of Kerala
(d) Antony Vs. State of Kerala

.correct answer : a

Q. No. 402
The limitation period for filing a complaint under section 199(2) of Cr.P.C. is
(a) 1 year
(b) 2 years
(c) 6 months
(d) no limitation

.correct answer : c

Q. No. 403
Who is the following is a public servant in the context of sec.197 of Cr.P.C.?
(a) A Public analyst under Food Adulteration Act (1990 (2) KLJ 766)
(b) An employee in a nationalized bank (1987 (1) KLT SN 64)
(c) Sub Inspector of Police (1996 (2) KLT 859)
(d) None of the above

.correct answer : d

Q. No. 404
A magistrate can remand an accused after taking cognizance of an offence
under section
(a) 167
(b) 169
(c) 109
(d) 309

.correct answer : d
452

Q. No. 405
In which of the following cases a court of session can take cognizance of an
offence without the case being committed to it
(a) A complaint filed under SC ST (Prevention of Atrocities Act)
(b) Cases falling under section 195
(c) An offence is alleged to have been committed against the President of India
(d) None of these

.correct answer : c

Q. No. 406
A magistrate can remand an accused when in a case instituted on a police
report or otherwise, the accused appears or is brought before him and it
appears to the Magistrate with the offence is triable exclusively by Court of
Sessions under section
(a) 167
(b) 209
(c) 309
(d) 109

.correct answer : b

Q. No. 407
Which of the following is a ‘court’ in the context of sec.194 of Cr.P.C.?
(a) Income tax officer
(b) Arbitrator
(c) Land tribunal
(d) None of the above

.correct answer : d

Q. No. 408
Every warrant for the execution of sentence of imprisonment shall be
directed to ____
(a) The prosecutor
(b) The officer in charge of the jail or other place in which the prisoner is or is to
453

be confined
(c) To the Sub-Inspector of Police of the local jurisdiction
(d) To the nearest Magistrate

.correct answer : b

Q. No. 409
Which of the following is a ‘court’ under section 195 of Cr.P.C.?
(a) A commission of enquiry constituted under Commissions of Enquiry Act
(b) Income tax officer conducting prosecution under Income Tax Act
(c) Lok Adalath
(d) None of the above

.correct answer : d

Q. No. 410
Which of the following section inserted as per the Cr.P.C. (Amendment) Act
2005?
(a) 164A
(b) 311A
(c) 436A
(d) All the above.

.correct answer : d

Q. No. 411
Before the enactment of Cr.P.C. 1973, the criminal procedure in India was
governed by
(a) The Code of Criminal Procedure 1896
(b) The Code of Criminal Procedure 1898
(c) The Criminal Law Amendment Act 1921
(d) None of the above

.correct answer : b

Q. No. 412
454

Which section of the Criminal Procedure Code provides that the Public
Prosecutor in charge of a case may, with the consent of the court at any time
before the judgment is pronounced, withdraw from the prosecution of any
person in respect of any offence for which he is tried? (UP PCS J 2003)
(a) Section 304
(b) Section 306
(c) Section 321
(d) Sections 313

.correct answer : c

Q. No. 413
An accused cannot appear through a power of attorney holder. This is held in
(a) Basavaraj Patel Vs. State of Karnataka
(b) Rosy Vs. State of Kerala
(c) P.C. Mathai Vs. District and Sessions Judge
(d) Alice George Vs. DYSP

.correct answer : c

Q. No. 414
Personal appearance of an accused can be dispensed under section
(a) 205
(b) 273
(c) 317
(d) Any of the above

.correct answer : d

Q. No. 415
The Supreme Court has held that it is not necessary for the investigating
officer to take opinion of public prosecutor before submitting the charge
sheet to the court
(a) Sarala Vs. Velu
(b) David Vs. State of Kerala
(c) C.B.I. Vs. Anupam Kulkarni
(d) Vanaja Vs. State of Kerala
455

.correct answer : a

Q. No. 416
In which of the following cases the magistrate should write a speaking order
(a) Issuance of summons
(b) Taking of cognizance
(c) Dismissal of complaint under section 203
(d) None of the above

.correct answer : c

Q. No. 417
The maximum period of time the police can investigate a case under section
167(5) of Cr.P.C.
(a) 1 year
(b) 6 months
(c) 3 months
(d) no limit

.correct answer : b

Q. No. 418
If a complaint is presented before a court having no jurisdiction the
magistrate can
(a) Dismiss the complaint for want of jurisdiction
(b) Transfer the case to the proper court
(c) Return the complaint to the complainant for presentation before the proper
court
(d) None of the above

.correct answer : c

Q. No. 419
The Supreme Court overruled the Kerala High Court decision in Srirajan Vs.
State of Kerala (2001 (1) KLT 827) by holding that an offence punishable
456

with imprisonment which may extent up to 10 years is covered by the proviso


(a)(ii) to section 167(2) in
(a) Uday Mohanlal Acharya Vs. State
(b) Rajiv Choudary Vs. State
(c) Vijayaraghavan Vs. State
(d) Sanjay Dutt Vs. C.B.I.

.correct answer : b

Q. No. 420
Who is the competent person to file a complaint in the case of an offence
alleged to have been committed against the President, Vice President or
Governor
(a) Chief Secretary
(b) Advocate General
(c) Attorney General
(d) Public Prosecutor

.correct answer : d

Q. No. 421
Under which section of Cr.P.C. Sessions Court exercises power of appeal
from convictions? (UJS – 2002)
(a) Sections 372
(b) Sections 397
(c) Sections 374
(d) Sections 398

.correct answer : c

Q. No. 422
Any proceeding under the Criminal Procedure Code for the collection of
evidence conducted by a police officer is called _____
(a) Search & seizure
(b) Trail
(c) Inquiry
(d) Investigation
457

.correct answer : d

Q. No. 423
In which of the following cases the Kerala High Court has held that the
investigation of a case cannot be split up in such a way to file piece meal
report in
(a) C.
(b) I. Vs. R.S. Pai b . Joisy Vs. S.I. of police c Furtado Vs.
(c) B.I.
(d) Mariam Rasheeda Vs. State of Kerala

.correct answer : c

Q. No. 424
Provision for anticipatory bail has been embodied in section
(a) 445
(b) 438
(c) 420
(d) 440

.correct answer : b

Q. No. 425
An inquiry conducted under the Code by a Magistrate or Court is called
_____
(a) Trial
(b) Investigation
(c) Arrest
(d) Inquiry

.correct answer : d

Q. No. 426
The power of a police officer to conduct a search during investigation which
provided in section
458

(a) 100
(b) 101
(c) 102
(d) 165

.correct answer : d

Q. No. 427
‘Complaint’ means any allegation made orally or in writing made to ___
(a) A magistrate
(b) A police officer
(c) Any person
(d) The District Collector

.correct answer : a

Q. No. 428
When a person already undergoing a sentence of imprisonment for life is
sentenced, on a subsequent conviction, to imprisonment for a term or for a
term of imprisonment for life, the subsequent sentence shall ____
(a) Not based on previous sentence
(b) Take effect after the expiry of the previous sentence
(c) Run concurrently with such previous sentence
(d) Be postponed indefinitely

.correct answer : c

Q. No. 429
The Supreme Court elaborately discussed the scope of 173(8) of Cr.P.C. in
(a) Ramlal Narang Vs. State
(b) Tahasildar Singh Vs. State
(c) Kathikalu Vs. State
(d) Mithu Vs. State

.correct answer : a
459

Q. No. 430
The word ‘cognizance’ is defined in section
(a) 190
(b) 200
(c) 156(3)
(d) Not defined in the Code

.correct answer : d

Q. No. 431
A trial by a court is ____
(a) Not an inquiry
(b) Not an investigation
(c) Inquiry
(d) Investigation

.correct answer : a

Q. No. 432
Sec.162 was amended in pursuance of the Supreme Court judgment in
(a) Palvindar Kour Vs. State of Punjab
(b) Hemanth Hanumanth Nargundator Vs. State
(c) Tahasildar Singh Vs. State of U.P.
(d) Gurbachan Singh Vs. State of Punjab

.correct answer : c

Q. No. 433
A police officer cannot investigate a ____ without the orders of a Magistrate
(a) Non bailable
(b) Non cognizable case
(c) Bailable
(d) Cognizable case

.correct answer : b
460

Q. No. 434
Which of the following is correct?
(a) Once cognizance is taken by the magistrate he cannot order investigation under
section 156(3) (1996 (1) KLT 73)
(b) A magistrate can direct the police to register an F.I.R. (2001 (1) KLT 623)
(c) Even if the prayer is for sending the complaint for investigation, still the
magistrate can take cognizance and try the case himself if a cognizable offence is
made out
(d) All are correct

.correct answer : d

Q. No. 435
For every High Court, Public Prosecutors are appointed by_____
(a) The Minister
(b) The High Court in consultation with the State Government
(c) The Advocate General
(d) The Central Government or the State Government, in consultation with
theHigh Court

.correct answer : d

Q. No. 436
Which of the following is correct
(a) F.I.R. is a substantive piece of evidence
(b) Complainant himself a police official and he himself conducting the
investigation in such case the entire investigation is vitiated (2001 (2) KLT 407)
(c) Magistrate cannot direct the C.B.I. to investigate an offence under section 156
(3) of Cr.P.C. (2001 (1) KLT 563)
(d) A magistrate cannot order an investigation into an offence which is exclusively
triable by a court of Sessions.

.correct answer : c

Q. No. 437
Sec.164(1) of Cr.P.C. does not empower a magistrate to record the statement
461

of a person unsponsored by the investigating agency. This is held in


(a) Ayyub Vs. State of Kerala
(b) Jogendar Nagak Vs. State of Orissa
(c) Gangula Ashok Vs. State
(d) Narayan Chethan Ram Choudary Vs. State

.correct answer : b

Q. No. 438
‘Inquiry’ means every inquiry conducted under the Criminal Procedure
Code by a _____
(a) CBI
(b) Private detective
(c) Magistrate or court
(d) Police officer

.correct answer : c

Q. No. 439
Nothing in Sec.162 shall be deem to applied to a statement falling within the
provisions contained in
(a) 32(1) of Evidence Act
(b) 27 of Evidence Act
(c) Both
(d) None

.correct answer : c

Q. No. 440
An offence for which a police officer may arrest without a warrant is a _____
(a) Kidnapping
(b) Non cognizable offence
(c) Police case
(d) Cognizable offence

.correct answer : d
462

Q. No. 441
Which of the following Magistrates can order the habitual offenders of
robbery or house breaking to execute a bond with or without sureties? MP
APO -2002
(a) Judicial Magistrate Und Class
(b) Judicial Magistrate Ist Class
(c) Executive Magistrate
(d) Any of these

.correct answer : c

Q. No. 442
An application under S. 319 CR.P.C can be filed by
(a) Prosecution
(b) De-facto complainant
(c) Accused
(d) All the above.

.correct answer : d

Q. No. 443
Which of the following is incorrect
(a) Governor cannot act in his own discretion and grant sanction when council of
ministers refusing to grant sanction under section 197 Cr.P.C. (AIR 2005 SC 325)
(b) A government officer working on deputation as M.D. of a Co-operative
Society is not a public servant and he is not entitled to get protection under section
197 (AIR 2005 SC 4303)
(c) When a complaint is dismissed, a second complaint in the same facts
maintainable in exceptional cases (AIR 2005 SC 38)
(d) Order issuing process cannot be reviewed or reconsidered by magistrate (AIR
2005 SC 2436)

.correct answer : a

Q. No. 444
A chief Judicial Magistrate may pass any sentence
463

(a) Including a sentence of death


(b) Except a sentence of death or of imprisonment for life or of imprisonment for a
term exceeding 7 years
(c) Imprisonment only
(d) Including a sentence of death or imprisonment for life

.correct answer : b

Q. No. 445
Monthly allowance or the interim monthly allowance can be altered, as
provided
(a) Under section 128 of Cr.P.C.
(b) Under Section 127 of Cr.P.
(c) c. Under Section 126 of Cr.P.C.
(d) Under Section 125(5) of Cr.P.C.

.correct answer : b

Q. No. 446
Application for anticipatory bail may be made before (UP PCS J 2003)
(a) Chief Judicial Magistrate
(b) High Court
(c) Sessions Court
(d) Both (B) and (C)

.correct answer : d

Q. No. 447
Which of the following is correct
(a) If earlier prosecution was without valid sanction, subsequent trial proper
sanction is not barred. (AIR 2005 SC 4308)
(b) If the original complainant died during trial, an application to continue
prosecution filed by power of attorney holders of heirs of complaint not
permissible (AIR 2005 SC 48)
(c) Both are correct
(d) Both are incorrect
464

.correct answer : c

Q. No. 448
Under Chapter XXI of Criminal Procedure Code while adopting summary
trial maximum punishment cannot be passed more than MP APO-2002
(a) Two months
(b) Three months
(c) Four months
(d) One month

.correct answer : b

Q. No. 449
A person to be eligible for appointment as a Special Public Prosecutor shall
have practiced as Advocate ____
(a) For not less than 8 years
(b) For not less than 10 years
(c) For not less than 5 years
(d) For not less than 7 years

.correct answer : b

Q. No. 450
Chapter XII of Cr.P.C. deals with
(a) Preventive action of the police
(b) Complaints to magistrate
(c) Condition requisite or initiation of proceedings before magistrate
(d) Information to the police and their powers to investigate

.correct answer : d

Q. No. 451
In a case triable by a Magistrate as a summons case, the investigation cannot
be continued under Section 167(5) of Cr.P.C beyond a period of ………..days
from date of arrest of the accused.
465

(a) one year


(b) 6 months
(c) 3 months
(d) 3 years

.correct answer : b

Q. No. 452
Which of the following is incorrect
(a) Even though the prayer in the complaint is to forward the complaint to police
under section 156(3) Cr.P.C., Magistrate can take cognizance of the offence (AIR
2005 SC 2005)
(b) Grant of time of 5-10 to minutes for reflection before recording confession is
inadequate (AIR 2005 SC 3820)
(c) Entire case diary can be made available to the accused and the accused can
cross examine the investigating officer based on that (AIR 2005 SC 4352)
(d) A victim who suffered at hands of accused in a foreign country, can complaint
about offence to competent court which he may find convenient. (AIR 2005 SC
392)

.correct answer : c

Q. No. 453
For the purposes of computation of period of 90 days or 60 days as the case
may be for the purposes of section 167(2) of Cr.P.C.
(a) The day of arrest of the accused only has to be excluded and the day on which
the accused was remanded, even if different cannot be excluded.
(b) The day of arrest of the accused and the day on which the accused was
remanded, if different both have to be excluded
(c) The day on which the accused was remanded is to be excluded
(d) The day of arrest of the accused has to be excluded.

.correct answer : b

Q. No. 454
Which one of the following offences cannot be summarily tried ? MP APO
-2002
466

(a) Grievous hurt


(b) Theft when the value of stolen property is below Rs. 200
(c) Offences relating to Sections 454 and 456 of the Indian Penal Code
(d) Offence of abetment of the offences enumerated under Section 260(vii) of
Criminal Procedure Code

.correct answer : a

Q. No. 455
For attracting S.195, offences enumerated in the section must be committed
during time document was
(a) Forged
(b) In the custody of accused
(c) Custodia legis
(d) None of these

.correct answer : c

Q. No. 456
Who is authorised to order removal of public nuisance? (MP APO -2002)
(a) Judicial Magistrate Ist Class
(b) Judicial Magistrate Und Class
(c) Executive Magistrate
(d) Sessions Judge

.correct answer : c

Q. No. 457
Any person whose claim or objection under section 84 has been disallowed
wholly or in part may institute a suit to establish the right which he claims in
respect of the property in dispute within a period of
(a) 3 months from the date of the order disallowing the claim
(b) 2 months from the date of the order disallowing the claim
(c) 1 year from the date of order disallowing the claim
(d) 6 months from the date of the order disallowing the claim

.correct answer : c
467

Q. No. 458
Under Section 198 of the Criminal Procedure Code the court can take
cognizance of an offence laid down under Section 497 of the Indian Penal
Code on the complaint of- MP APO -2002
(a) Husband of the woman
(b) Father of the woman
(c) Mother of the woman
(d) Any of these

.correct answer : a

Q. No. 459
Which is the section in the Criminal Procedure Code that provides for
attachment of property of person absconding?
(a) 89
(b) 85
(c) 84
(d) 83

.correct answer : d

Q. No. 460
Where the husband has obtained a decree of divorce against the wife on the
ground of desertion, under Section 125, it is;
(a) No bar for the wife to claim maintenance against the husband
(b) Bar for the wife to claim maintenance against the husband
(c) May be a bar for the wife to claim maintenance against the husband
(d) Either a. or c.

.correct answer : a

Q. No. 461
Now under Section 125 of Criminal Procedure Code what payments per
month can be ordered for maintenance? MP APO -2002
(a) 50% on the basis of salary of the
468

(b) Upto Rs. 500


(c) Upto Rs. 3,000
(d) As the Magistrate deems necessary circumstances

.correct answer : d

Q. No. 462
Under Section 167 of Cr.P.C. the Magistrate can authorize detention for a
total period of 90 days during Investigation, In cases of offences punishable
(a) With death
(b) With imprisonment for life
(c) With imprisonment for a term not less than 10 years
(d) All the above

.correct answer : d

Q. No. 463
The order under section 133
(a) Conditional
(b) Final
(c) Either a. or b.
(d) None of these

.correct answer : a

Q. No. 464
Which is the section in the Code that authorizes the State Government to
forfeit publications to Government?
(a) 97
(b) 99
(c) 96
(d) 95

.correct answer : d

Q. No. 465
469

Under Criminal Procedure Code to what maximum period an accused can be


ordered to be kept in police custody by the Magistrate? MP APO -2002
(a) Three days
(b) Seven days -
(c) Ten days
(d) Fifteen days

.correct answer : d

Q. No. 466
The term “wife” in the context of Sec.125 Cr.P.C.
(a) Include women not lawfully married
(b) Does not include lawfully married
(c) The position not yet settled by the Supreme Court
(d) None of above

.correct answer : a

Q. No. 467
Which of the following cannot claim maintenance under Section 125 of the
Cri Procedure Code? MP APO -2002
(a) Wife who cannot maintain herself
(b) Mother or father who cannot maintain herself or himself
(c) Major married daughter who maintain herself
(d) Minor illegitimate daughter who c maintain herself

.correct answer : c

Q. No. 468
Under Section 167 of Cr.P.C. for detention for a total period of 90 days
during investigation, the expression for a term of imprisonment not less than
10 years means
(a) More than 10 years
(b) Upto 10 years
(c) Less than 10 years
(d) Both (b) & (c).
470

.correct answer : b

Q. No. 469
Which of the following is an order amenable to revisional jurisdiction
(a) An order under section 133
(b) An order under section 138
(c) Both are revisible
(d) None of these

.correct answer : b

Q. No. 470
Under section 167 of Cr.P.C. for offences other than those punishable with
death, imprisonment for life or imprisonment for a period not less than 10
years, the detention during investigation, can be authorized for a total period
of
(a) 75 days
(b) 60 days
(c) 45 days
(d) 30 days

.correct answer : b

Q. No. 471
What is the maximum period for which security for good behavior from
suspected persons be ordered under section 109 by the Executive Magistrate?
(a) 3 months
(b) 6 months
(c) 2 years
(d) 1 year

.correct answer : d

Q. No. 472
Under section 167 of Cr.P.C., the maximum period for which an accused can
471

be remanded to police custody is


(a) Fourteen days
(b) Fifteen days
(c) 30 days
(d) 90 days

.correct answer : b

Q. No. 473
Under section 167 of Cr.P.C police custody can be given
(a) During the period of first fourteen days
(b) During the period of first fifteen days
(c) During the period of first ten days
(d) During the period of first seven days

.correct answer : b

Q. No. 474
Which of the provision for demanding security for keeping the peace on
conviction?
(a) Section 107
(b) Section 106
(c) Section 99
(d) Section 108

.correct answer : b

Q. No. 475
Under Section 145 of the Cr. P.C. in connection with a dispute on immovable
property, the executive magistrate prior to passing his orders as regards to
possession over such property which one of the following periods he takes into
consideration? MP APO -2002
(a) One month
(b) Two months
(c) Four months
(d) Six months
472

.correct answer : b

Q. No. 476
A police officer can seize or prohibit the operation of a bank account of an
accused since it will come within the meaning of ‘property’ under section 102
of Cr.P.C. This is held in
(a) N.C.T.of Delhi Vs. Sunil
(b) Gurbax Singh Vs. State of Haryana
(c) Ganapath Patnaik Vs. State of Orissa
(d) State of Maharashtra Vs. Tapas Neogy

.correct answer : d

Q. No. 477
In submitting the final report under section 173 of Cr.P.C. the investigating
agency
(a) Has to consult with the public prosecutor
(b) Can be compelled by the court to seek the opinion of a public prosecutor
(c) Is obliged to seek the opinion of a public prosecutor
(d) none

.correct answer : d

Q. No. 478
What is the maximum period for which security (bond) under section 108 for
good behaviour from persons disseminating seditious matters be required by
the Executive Magistrate?
(a) 1 year
(b) 3 months
(c) 2 years
(d) 2 months

.correct answer : a

Q. No. 479
473

Warrant case relates to an offence punishable with MP APO -2002


(a) More than one year imprisonment
(b) More than three years imprisonment
(c) Death penalty, life imprisonment or imprisonment more than two years
(d) More than five years imprisonment

.correct answer : c

Q. No. 480
The Supreme Court has held that “mere absence of independent witness is
not a ground to discard the recovery under section 27 of Evidence Act in
(a) Kottayya Vs. Emperor
(b) N.
(c) T.of Delhi Vs. Sunil c. Gurbax Singh Vs. State of Haryana
(d) Ganapath Patnaik Vs. State of Orissa

.correct answer : b

Q. No. 481
If a person whose statement is recorded by the police during investigation is
called as a defence witness, his previous statements before the police. (DJS
2006)
(a) Can be used for corroborating him
(b) Can be used for contradicting him
(c) Cannot be used for any purpose
(d) Both a. and b.

.correct answer : c

Q. No. 482
A warrant may be forwarded for executing outside jurisdiction to
(a) D.S.P.
(b) Executive magistrate
(c) Commissioner of police
(d) Any of the above

.correct answer : d
474

Q. No. 483
Where a witness is called by the court as a Court witness, a previous
statement made by him to the police can
(a) Not be used either by the accused or by the prosecution for any purpose.
(b) Be used by the prosecution for contradicting such witness with the permission
of the court
(c) Be used by the accused for contradicting such witness;
(d) Either a. or b.

.correct answer : a

Q. No. 484
Which is the provision authorizing a District Magistrate, Sub Divisional
Magistrate or Executive Magistrate to issue orders in urgent cases of
nuisance or apprehend danger?
(a) Section 144
(b) Section 145
(c) Section 146
(d) Section 147

.correct answer : a

Q. No. 485
The confession of an accused or the statement of a witness, under Section 164
of Cr.P.C. can be recorded during
(a) Inquiry
(b) Investigation
(c) Trial
(d) Either a or b

.correct answer : b

Q. No. 486
A warrant of arrest under section 73 cannot be issued by the court solely for
the production of the accused before police in aid of investigation. The
475

Supreme Court held the above proposition in


(a) Directorate of enforcement Vs. Deepak Mahajan
(b) Nandini Sapthathi Vs. P.L. Dani
(c) C.B.I. Vs. Davood Ibrahim
(d) Sanjay Dutt Vs. C.B.I.

.correct answer : c

Q. No. 487
Maintenance of a case diary of investigation by an investigating officer is
mandatory under
(a) Section 174 of Cr.P.C.
(b) Section 172 of Cr.P.
(c) c. Section 167 of Cr.P.C.
(d) Section 162 of Cr.P.C.

.correct answer : b

Q. No. 488
The maximum monthly maintenance allowance that can be granted is______
(a) Rs.1500
(b) Rs.1000
(c) Rs.500
(d) According to the discretion of the court

.correct answer : d

Q. No. 489
Which of the following Court can try a murder case? MP APO -2002
(a) Magistrate 1st Class
(b) Chief Judicial Magistrate
(c) Additional Sessions Judge
(d) Any of these Courts

.correct answer : c
476

Q. No. 490
Report of an enquiry commission has no evidentiary value in the trial of
criminal cases. The Supreme Court held the above proposition in
(a) Kehar Singh Vs. Delhi Administration
(b) Nalini Vs. State of T.N.
(c) Zahira Sheik Vs. State of Gujarat
(d) Dara Singh Vs. State of Gujarat

.correct answer : a

Q. No. 491
A refusal to answer questions put to a witness under section 161 of Cr.P.C. is
an offence under
(a) 181
(b) 182
(c) 183
(d) Not an offence.

.correct answer : d

Q. No. 492
The form of warrant is mentioned in section
(a) 61
(b) 71
(c) 70
(d) 87.

.correct answer : c

Q. No. 493
A was travelling from Bhopal to Jabalpur by Rajkot-Jabalpur Express Train.
At Itarsi A caused grievous hurt to B who was the resident of Jabalpur.
Where will the case be tried? MP APO -2002
(a) At Bhopal fromwhere A started his journey
(b) At Jabalpur ofwhere B was the resident
(c) At Itarsi where A caused grievous hurt to B
477

(d) At the place where M.P. High Court decides

.correct answer : c

Q. No. 494
Section 91 of Cr.P.C. is applicable to
(a) The witness
(b) The accused
(c) The complainant
(d) All the above

.correct answer : d

Q. No. 495
The statement of a witness can be recorded by the investigating officer during
the investigation under Section………of CR.P.C
(a) 164
(b) 161
(c) 162
(d) 154.

.correct answer : b

Q. No. 496
A warrant shall ordinarily be directed to
(a) A specified police officer
(b) A court
(c) S.P. of Police
(d) One or more police officers

.correct answer : d

Q. No. 497
Under Section 161 of Cr.P.C. the investigating police officer has the power to
examine orally any person acquainted with the facts & circumstances of the
case. The expression ‘any person’ acquainted with the facts & circumstances
478

of the case. (DJS 2006)


(a) Includes accused.
(b) prosecution witnesses only
(c) Does not include accused
(d) Both b. & c.

.correct answer : a

Q. No. 498
The Magistrate shall not record a confession ____
(a) If it is made under the police instigation
(b) Unless he has reason to believe that it is being made voluntarily
(c) Unless it is made in the presence of the police
(d) Unless it is being made under the police investigation

.correct answer : b

Q. No. 499
A statement of a witness recorded under section 161 of Cr.P.C. in writing
during investigation and is signed by the person making the statement is hit
by Section ……of CR.P.C
(a) 162(2)
(b) 162(1)
(c) 161(3).
(d) 161(2)

.correct answer : b

Q. No. 500
What is the maximum period, if extended by the Government, that an order
issued under section 144 can remain in force?
(a) 9 months
(b) 3 months
(c) 2 months
(d) 6 months

.correct answer : d
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