Jharkhand 2008

JHARKHAND JUDICIAL PRELIMINARY EXAM 2008
1. Recently, which Indian cricketer set

(D) R K. Narayan
a record by scoring the highest runs
in Test Cricket?
4. Which State of India has bagged two
(A) Saurav Ganguly
National Awards associated with
(B) Sachin Tendulkar
tourism in 2008?
(C) Rahul Dravid
(A) Rajasthan
(D) Yuvraj Singh Ans.(B)
(B) Kerala
(C) Tamil Nadu

2. In the last Olympics at Beijing, who
(D) Gujarat
won the first ever individual Gold
Medal for India?

5. What is the full name of the
(A) Bijender Singh
President of India?
(B) Abhinav Bindra
(A) Pratibha Patil
(C) Sushil Kumar
(B) Pratibha Devi Singh Patil
(D) Rajyavardhan Singh Rathore
(C) Pratibha Devi Patil
(D) Pratibha Singh Patil

3. Till date, who is the only Indian to
have been awarded the Nobel Prize

6. Who propounded the theory that
for Literature?
"the earth moves round the sun"?
(A) Ramdhari Singh Dinkar
(A) Galileo
(B) Bankim Chandra Chatteijee
(B) Einstein
(C) Rabindranath Tagore
https://www.linkinglaws.com Linking laws
support@linkinglaws.com t.me/linkinglaws
(C) Copernicus 10. Who was the first Indian Prime
(D) Graham Bell Minister to address the UN General
Assembly in Hindi?
7. Gerontology is a branch of study (A) Jawaharlal Nehru
related to diseases associated with (B) Moraji Desai
(A) children (C) Lal Bahadur Shastri
(B) young adults (D) Atal Behari Vajpayee Ans.(C)
(C) old age
(D) women Ans.(C) 11. From amongst the choices given,
which one of the clauses correctly
8. What is the title of the former US completes the following sentence?
President Mr. Bill Clinton's auto shall have left this place by the
biography? time...
(A) My Days (A) she will come
(B) My Life (B) she would come
(C) My Story (C) she comes
(D) My Years Ans.(B) (D) she will have come Ans.(A)
9. On which date of the year is 'World' 12. Such words as are similar in sound
Environment Day celebrated? but different in meaning are called
(A) January 5 (A) synonyms
(B) March 5 (B) antonyms
(C) June 5 (C) homonyms
(D) November 5 Ans.(C) (D) homophones Ans.(D)
13. Select the appropriate 'article' to be 16. Identify the type of the sentence
filled in the blank in the given given below. John proposed that we
sentence He is SP should sing together:
(A) an (A) Assertive
(B) a (B) Optative
(C) the (C) Exclamatory
(D) None of these Ans.(A) (D) Imperative Ans.(B)
14. Identify the 'figure of speech' that 17. Which underlined part of the given
best defines the following sentence: sentence contains an error If I was
The camel is the ship of the desert. you
(A) Simile. (A) I would not
(B) Metaphor (B) Agree to
(C) Irony (C) That foolish proposal
(D) Sarcasm Ans.(B) (D) Sarcasm Ans.(A)
18. Fill in the blank with appropriate
15. Identify the part of speech' in which preposition: I cannot come back
the word 'round has been used in the a month.
following sentence: The earth moves (A) before
round the sun. (B) in
(A) Noun (C) within
(B) Preposition (D) between Ans.(B)
(C) Adjective
(D) Adverb Ans.(D) 19. Give one word for the following
group of words: A person aged
between 60 and 70
(A) Sexagenarian
(B) Quinquagenarian (d) not filed in duplicate Rule 11,
(C) Septugenarian Order 7 C.P.C.
(D) Nonagenarian Ans.(A)
22. The expression "each party shall
20. Which one from amongst the choices bear his own costs Implies that
given would mean the same as the (A) Both the parties are entitled to
following sentence? I feel an aching cost from each other.
void. (B) Both the parties are not to bed
(A) I feel lonely eprived of costs
(B) I feel pain (C) Both the parties are to be
(C) I feel hungry deprived of costs
(D) I feel irritation Ans.(A) (D) Both the parties are not entitled
to cost from each other Ans.(C)
21. A plaint is liable to be returned Exp. Each party shall bear his own
when. costs implies that both the parties
(A) Plant is on an insufficiently are to be deprived of costs.
stamped paper valued in the plaint
in a court having no 23. Which of the following questions is
(B) Plaint is not filed in duplicate not to be determined by an
(C) Relief is undervalued in the executing court?
(D) Plaint is filed in a court having (A) Discharge of decree
jurisdiction. Ans.(D) (B) Execution of decree
Exp. Plaint is returned where – (C) Modification of decree
(a) it does not dicloses a cause of (D) Satisfaction of decree Ans.(C)
action Exp. All questions arising between
(b) relief claimed is undervalued: the par ties to the suit in which the
(c) it is barred by Law ; decree was passed, or
representatives and relating to the (c) by arrest and detention in prison;
execution, discharge or satisfac tion or
of the decree, shall be determined by (d) by appointing a receiver; (c) in
the court executing the decree and such other manner as the nature of
not by a separate suit - Sec. 47 $ the relief granted, may require.
24. In which of the following cases the 25. In which of the following cases the
Supreme Court has upheld the validity Supreme Court has upheld the
of Section 51 of Code of Civil constitutionality of the. Code of Civil
Procedure? Procedure (Amendment) Acts of 1999
(A) Xavier v. Bank of Canara and 20027
(B) The Visaka case (A) Salem Advocate Bar Association,
(C) Indian Gramophone Co. v. Birenda Tamil Nadu v. Union of India
Bahadur Pandey (B) Delhi High Court Bar Association v.
(D) Jolly George Verghese v. Bank of Union of India
Cochin Ans.(D) (C) Allahabad High Court Bar
Exp. Section 51 of CPC provides for Association v. Union of India
power court to enforce execution. (D) Punjab and Haryana High Court
Subject to s conditions and limitations .Bar Association v. Union of India
as may te suit - Sec. 47(1) C.P.C. Powers Ans.(A)
of ect to such is may be Exp. In Salem Advocate Bar
prescribed, the Court may, on the Association Tamil Nadu U.O.R. The S.C.
application of the decree-holder, held the constitutionality of CPC 1999
order execution of the decree & 2002
(a) by delivery of property specifically
decreed;
(b) by attachment and the sale
26. Which one of the following is a true 27. Match List-I with List- II and selec the
statement in relation to Section 80 of correct answer using the code give
Civil Procedure Code? below the lists: List - I
(A) A suit without service of notice can A. Set- Off
be instituted generally, with the leave B. Mesne Profit
of the court C. Indigent
(B) A suit without service of notice can D. Subsistence
be Instituted in cases of urgent List -II
orimmediate relief, with the leave of 1. Amount paid by the decree holder
the court for detention of the judgment debtor
(C) In cases of urgent or immediate in civil prison.
relief where leave to institute the suit 2. Person allowed to file suit or appeal
without service of notice has been without court fee
granted, interim or otherwise ex 3. Adjustment of defendant's claim
parte relief can be granted with the plaintiffs claim
(D) No suit under Section 80 can be 4. Gains from property by a person
Instituted without the compliance of having wrongful possession.
the requirement of notice Ans (B) Code
Exp. A suit to obtain an urgent or (A) A B C D
immediate relief against the 4 3 1 2
Government or any public officer in (B) A B C D
respect of any act pur porting to be 3 4 2 1
done by such public officer In his (C) A B C D
official capacity, may be instituted 2 1 4 3
with the leave of the court without (D) A B C D
serving any notice as required by sub- 3 1 2 4
Sec tion (1) --Sec. 80(2). Ans.(B)
Exp. (i) Amount paid by the decree 29. Mat List 1 with List II and select the
holder for detention of the judgment correct answer using the code given
debtor in civil prison- Subsistence below
(11) person allowed to file suit or the lists: List I
appeal without court fee-Indigent (A) Restitution afresh
suit (iii) Adjustment of defendant's (B) Next friend
claim with the plaintiffs claim- Set- (C) Legal representative
off. (iv) Gains from property by a (D) Garnishees List II
person having wrongful possession - (1) Representative of a minor or a
Mesne Profit. plaintiff of unsound mind in a civil
suit
28. Which of the following pairs is/are (2) Person representing the estate of
correctly matched? the deceased
1. Right to fle caveat- Section 148-A (3) Debtor of the judgment debtor
CPC liable for payment or delivery
2. Pauper suit-Section 33, CPC (4) Setting aside ex parte decree and
3. Privileged document-Section 29 rehearing the case
C.EC. 4. Power of appellate court- Code
Section 102. СРС Code: (A) A B C D
(A) 1 only (B) A B C D
(B) 4 only (C) A B C D
(C) 1 and 2 (D) A B C D
(D) 2,3 and 4 Ans.(C) Ans.(C)
Exp. (1) Right to file caveat -Sec. 148-A
(2) Pauper suit - Order 33 30. In execution of a decree for the
(3) Power of Appellate court- Sec. 107. maintenance salary of a person can
be attached to the extent of
(A) One fourth (A) 15 days of the service of notice
(B) One third (B) 9 days of the service of notice
(C) Two third (C) 7 days of the service of notice
(D) One half Ans.(B) (D) 6 days of the service of notice
Exp. No more than One-third of the Ans.(B)
salary in execution of any decree for Exp. Under Rule 4, Order 12, when a
mainte nance is liable to be attached party is called upon by notice to
- Sec. 60 (i-a) of CPC. admit facts by the other party, the
party on whom the notice has been
31. Order XVIII, Rule 4(1) of C.P.C. the served has to admit the pacts within
examination-in-chief of a witness 9 days of the service of notice.
shall be recorded
(A) By the judge 33. The commission to make local
(B) By the Commissioner investigation can be issued for the
appointedule 4(1) of C.PC. hief of a purposes of
witness upon by notice to the court (A) Collecting evidence of a fact
(C) On affidavit (B) Elucidating any matter in dispute
(D) All of the above Ans.(C) (C) Ascertaining the amount of
Exp. Under Order XVIII, Rule 4(1) of mesne Profit
the examination-in-chief of a shall (D) Ascertaining the market value of
be recorded on affidavit. the property Code
(A) 1,2 and 3
32. When a party is called upon by no (B) 2, 3 and 4
admit facts by the other party unda (C) 1, 2, 3 and 4
Order XII rule 4 of C.PC. the party (D) 1 and 2 Ans.(B)
whom the notice has been served ha Exp. Under Sec. 75, the court may
admit the facts within issue a commission
(a) to examine any person : Union of India or a State for the act
(b) to make a local investigation : done in the official capacity of the
(c) to examine or adjust account : or officer con cerned, under Section 82
(d) to make a partition ; C.P.C., execu tion shall not be issued
(e) to hold a scientific, technical or on any such de cree unless the decree
expert investigation ; remains unsatis fied for a period of 3
(1) to conduct sale of property which months from the date of the decree-
subject to speedy and natural dec Section 82 (2)
(g) to perform any ministerial act.
35. Assertion (A): The rule of constructive
34. Where a decree is passed against the res judicata is applicable to writ
Union of India or a State for the act petitions. Reason (R): Public policy
done in the official capacity of the considerations underlying res
officer concerned, under Section 82 judicata also hold true in relation to
C.P.C., execution shall not be issued writ proceedings.
on any such decree unless the decree (A) Both A and R are true and R is the
remains unsatisfied for a period of correct explanation of A
(A) 3 months from the date of the (B) Both A and R are true but R is not
decree the correct explanation of A
(B) 6 months from the date of the (C) A is true but R is false
decree (D) A is false but R is true Ans.(A)
(C) 1 year from the date of the decree Exp. Basis behind application of res-
(D) 2 years from the date of the judicata is public policy and res-
decree Ans.(A) judicata will ap ply all writs except
Exp. Where a decree is passed the writ of habeas corpus.
against the
36. A residing in Delhi publishes in 38. Which of the following is not a
Kolkata statements defamatory of B. sufficient cause for granting
B may sue A in adjournment?
(A) Delhi only (A) Sickness of a party. his witness or
(B) Kolkata only. his counsel
(C) either Delhi or Kolkata (B) Non-examination of a witness
(D) anywhere in India with the leave present in the court
of the court Ans.(C) (C) Non-service of summons
Exp. The given problem is based on (D) Reasonable time for preparation
illustration (b) of Sec. 19 C.PC. It of a case Ans.(B)
provides suits for compensation for Exp. Non-examination of a witness
wrongs to persons or movables. present in the court is not a
sufficient cause for granting
37. Which one of the following suits is adjournment.
not of a civil nature?
(A) Suits relating to rights to 39. Where a plaintiff sues upon a
property document in his power or
(B) Suits for rents possession, he must produce it or a
(C) Suits for recovery of voluntary copy there of
payments or offerings (A) along with the plaint
(D) Suits against dismissals from (B) at the time of giving of evidence
service Ans.(C) (C) at the time of framing of issues
Exp. Suit for recovery of voluntary (D) when ordered by the court
payments or offerings is not a suit of Ans.(A)
civil nature. Exp. Where a plaintiff sues upon a
document in his power or
possession, he must produce it or a (B) Rs 200
copy thereof along with the plaint (C) Rs 100
(D) Rs 300 Ans.(C)
40. Voluntary amendment is provided Exp. No appeal by convicted person
for under where
(A) Order 6. R-7, C.P.C. (a) a High Court passes
(B) Order 6. R-15, C.P.C. imprisonment not exceeding months
(C) Order 6. R-17. C.P.C. or fine not exceeding 1000 Rs/- or
(D) Order 6, R-19, C.P.C. Ans.(C) both.
Exp. The court may at any stage of (b) a Court of session or CJM, or MM
the proceeding allow either party to passes imprisonment not exceeding 3
alter or amend his pleadings. Proviso months or fine not exceeding Rs. 200/-
to this rule provides that no or both
application for amend ment of (c) a Magistrate of 1st class passes
pleading shall be allowed after the only a sentence of fine not exceeding
trial has commenced unless the Rs. 100/
court comes to the conclusion that (d) a Magistrate under summary trial
inspite of due diligence, the party passes only a sentence of fine not
could not have raised the matter exceeding Rs. 200/
before commencement of trial - Rule
17. Order 6 of C.BC. 42. Too many appeals and revisions are a
bone of the Indian Judicial System,
41. There shall be no appeal by a involving as it does sterile expense
convicted person where a Chief and delay and fruitless chase of
Judicial Magistrate imposes only a perfection." Justice Krishna Iyer made
sentence of fine not exceeding this observation in
(A) Rs 1,000 (A) Hamam Singh v. State of HP
(B) Mohd. Sauman Ali v. State of
Assam 44. Which of the following offences is to
(C) Sitaram v. State of UP summarily?
(D) Jawaharlal Singh v. Naresh Singh (A) Theft where the value of the or
Ans.(C) stolen does not exceed Rs on wenty
(B) Lurking house trespass
43. In a case the Supreme Court observed (C) Assisting in the concealmen stolen
thus- "We are unable to find any property of the value exceeding Rs.
magic or charm in the ritual of a 300.
charge. It is the substance of these (D) Receiving or retaining stoler
provisions (relating to charge) that property under Section 411.1PC when
count and not their outform.To hold the value of the property does not
otherwise is only to provide avenues exceed Rs. 250 Ans.(B)
or escape for the guilty and afford 10 Exp. Sec. 260(1) (c) Cr.PC. provides a
protection to the innocent. The court list of offences which may be tried
made these observations in relation summarily
to
(A) alteration of charge 45. The period of limitation prescribed for
(B) joinder of charges taking cognizance of the offence
(C) persons who may be charged punishable with imprisonment up to
jointly 3 years is
(D) error, omission or irregularity in (A) 1 year
charge Ans.(A) (B) 2 years
Exp. Above observation is related with (C) 3 years
alteration of charge under Sec. 216 o (D) 4 years Ans.(C)
offences is triablelue of the property Exp. Period of limitation Section 468
of the value not Cr.P.C. of CIPC
(a) Six months, if the offence is (C) An order rejecting the plea of the
punishable with fine only. accused on a point which when
(b) one year if the offence is accepted. will conclude the
punishable with imprisonment for a particular proceeding
term (D) Interlocutory orders which are
(c) Three year if the offence is without jurisdiction and nullities
punishable with imprisonment for a Ans.(D)
term exceeding one year but not
exceeding three years. 48. A is only charged with theft and it
appears that he committed the
46. In which of the following cases the offence of criminal breach of trust.
constitutional validity of Section 433 In this context, which one of the
A, Cr.PC. was upheld? following lg correct?
(A) Ashok Kumar Ganguli v. Union of (A) He may be acquitted
India (B) He may be convicted only of theft
(B) Babu Pahalwan v. State of MP (C) He may be convicted of criminal
(C) Ramesh v. State of MP breach of trust
(D) Karan Singh v. State of HP Ans.(A) (D) He may not be convicted of
criminal breach of trust Ans.(C) Exp.
47. Which of the following is an inter The given problem is based on
local order for the purposes of Illustration
revisional powers of the High Court (b) to Sec. 221 Cr.P.C., which provides
or a Session Court? where it is doubtful what offence has
(A) Orders summoning witnesses been committed.
(B) An order of bail granted by
Magistrate 49. Which of the following courts can set
aside or modify the conditions where A resided with his wife B was
imposed by a Magistrate when Gaya and the place where his wife
granting ball? took up a permanent residence after
(A) High Court or Court of Sessions commission of the offence is
under Section 439, Cr.P.C. Bhagalpur' offence may be Inquired
(B) High Court under Section 482, into or tried by a court of competent
Cr.P.C. Jurisdiction at
(C) Sessions Court under Section 465, (A) Patna
Cr.P.C. (B) Bhagalpur
(D) Court of Sessions under Section (C) Gaya
CL.P.C. Ans.(A) (D) All of the above Ans.(D)
Exp. A High Court or Court of Session Exp. In the case of bigamy, the
may direct (a) that any person Magistrate having jurisdiction over
accused of an offence and in custody the place, where the offence is
be released on bail, and if the offence committed and also the Magistrate
is of the nature specified in sub- having jurisdiction over the place,
section (3) of Section 437. may impose where the offender last lived.
any condition which it considers
necessary for the purpose mentioned 51. A Magistrate has power to deal with
in that Sub Section. cases of apprehended danger or
(b) that any condition imposed by a nuisance under
magistrate when releasing any (A) Section 133, Cr.P.C.
person on bail be set aside or modified (B) Section 144. Cr.P.C.
(C) Section 145, CT.P.C.
50. An offence of bigamy punishable (D) Section 107, Cr.P.C. Ans.(B)
under Section 494, L.P.C. was
committed by A at Patna. The place
Exp. Section 144 of CrPC deals with protection of life and liberty. Reason
power to issue order in urgent cases (R): They are based on the notion that
of nuisance or apprehended danger the Judges and Magistrates are not
infallible Code:
52. Which of the following Magistrates (A) Both A and R are true and R is the
have to prohibit repetition or correct explanation of A
continuance of nuisance? (B) Both A and R are true but R is not
(A) District Magistrate the correct explanation of A
(B) Sub-Divisional Magistrate (C) A is true but R is false
(C) Judicial Magistrate (D) A is false but R is true Ans.(A)
(D) Executive Magistrate duly
empowered in this behalf Code: 54. Assertion (A):
(A) 1 and 4 Subject to same exception the
(B) 2 and 3 provisions of the Code of Criminal
(C) 1, 2 and 4 Procedure are not applicable to tribal
(D) 1,2,3 and 4 Ans.(C) areas in undivided Assam. Reason (R):
Exp. DM, SDM or any other executive Thses areas enjoy special status like
magistrate duly empowered by the the Satate of Jummu and Kashmir.
State Govt. or by DM, may order any Codes:
person not to repeat or continue a (A) Both aA and R are true and R is the
public nuisance, as defined in the IPC correct explanation of A.
or any special or local law... Sec. 143 (B) Both A and R are true but R is not
CPC. the correct explanation of A.
(C) A is true but R is false.
53. Assertion (A): (D) A is false but R is true Ans.(C)
The provisions for reviewing decision Exp. Section 1(2) says that provisions
of a criminal court are for the due of this Code other than those relating
to chapters VIII, X and XI thereof shall Ans.(D) Exp. The State Government
not apply. shall every district one or more Public
(a) as to State of Nagaland Prosecutors for a prosecutions in the
(b) to the Tribal Areas Court of Mac Sec. 25(1) Cr.P.C.
55. Reasons for non-applicability of 57. Who among the following can be
some of the provisions of the without warrant by any Magistrate
Criminal Procedure Code to the State (a) Any person committing off within
of Nagaland have been stated by the the local jurisdiction a Magistrate
Supreme Court in but not in his pr
(A) State of Nagaland v. Rattan Singh (b) Any person committing offer
(B) Maharaja Vikram Kishore of anywhere, but in the presen such
Tripura v. Province of Assam Magistrate.
(C) Zarzoliana v. Government of (c) Any person within his 1,
Mizoram jurisdiction for whose arrest he is
(D) State of Nagaland v. Chung competent to issue a warrant
Ans.(D) (d) All of the above Ans.(C)
Exp. When any offence is committein
56. Who can appoint a police officer as an the presence of a Magistrate
assistant public prosecutor for whether executive or judicial within
courts of Magistrates? his local jurisdiction, he may himself
(A) Superintendent of Police arrest of order any person to arrest
(B) District and Sessions Judge the offender Sec. 44 Cr.P.C.
(C) District Magistrate
(D) High Court on the request of the 58. Match List-I-with List-II and select the
State Government correct answer using the code given
below the Lists: List-I
(A) Special Metropolitan Magistrate which of them ought to inquire into
(B) Chief Metropolitan Magistrate or try the offence, the question shall
(C) Judicial Magistrate of second class be decided.
(D) Assistant Sessions Judge (A) If the courts are subordinate to
List-II the same High Court, by that High
1. Imprisonment up to 7 year or/and Court.
fine (B) By the High Court within the
2. Imprisonment up to 10 years or/and localliinits of whose appellate
fine criminal jurisdiction the accused
3. Imprisonment up to 3 years or/and resides, carries on business or is
fine engaged in a gainful employment
4. Imprisonment up to 1 year or/ and (C) If the courts are subordinate to
fine up to Rs.1000. the same High court in consultation
Codes: with the State Government
(A) A B C D concerned
2 4 3 1 (D) If the courts are not subordinate
(B) A B C D to the same High Courts, by that
3 2 1 4 court within the local limits of whose
(C) A B C D appellate criminal jurisdiction the
1 4 2 3 proceedings were first commenced
(D) A B C D Which of the above are correct?
3 1 4 2 Code:
Ans.(D) (A) 1 and 2
(B) 2 and 3
59. Where two or more courts have (C) 1 and 4
taken ongnizance of the same (D) 1,2,3 and 4
offence and a question arises as to Ans.(C)
Exp. Where 2 or more Courts have (D) A is false but R is true Ins. (A)
taken cognizance of the same offence
and a question arises as to which of 61. Husband and wife
them ought to inquire into or try that (A) are competent witnesses against
offence, the question shall be decided each other in matrimonial cases
(a) If the Courts are subordinate to (B) are not competent witnesses
the same High Court, by that High against cach other as they are one
court : 0 person in law
(b) If the Courts are not subordinate (C) are competent witnesses against
to the same High Court, by the High each other in civil cases only (D) are
Court within the local limits of whose competent witnesses against each
appellate criminal jurisdiction the other in civil as well as criminal cases
proceedings were first commenced Ans.(D)
Sec. 186 Cr.P.C. Exp. Husband and wife are
competent witnesses against each
60. Assertion (A): other in civil as well as in criminal
Power of the State to order cases to be cases- Sec. 120 Indian Evidence Act
tried in different sessions divisions is
very limited. Reason (R): This 62. Match List-1 with List-11 and select the
extraordinary power is to be used correct answer using the code given
when consideration of public Justice below the Lists: List-I
Jusufies its exercise. Code: (A) Bloodstains and blood group
(A) Both A and R are true and R is the (B) Automatic Camera
correct explanation of A (C) Tape-recorded Statement
(B) Both A and R are true but R is not (D) Handwriting
the correct explanation of A List-II
(C) A is true but R is false 1. Reg v. Dodson
2. State of Gujarat v. Chhota Lal Patni the ruling is absolute unless the party
3. Bv. Attorney-General to whom it applies can show cause
4. Yusufalli v. State of Maharashtra why it should not apply.
Code (a) A B C D
3 4 2 1 64. Match List-I with List-11 and select
(b) А B C D the correct answer using the code
3 1 4 2 given below the .
(c) A B C D List-I
2 3 1 4 List- II
(d) A B C D (A) Confession caused 1. Aghnoo by
1 2 4 3 inducement, Nagesia v..State threat,
Ans.(C) promise
(B) Confession to a 2. State of
63. Which of the following pairs is not Punjab customs officer Barkatrarr.
correctly matched? (C) Confession in
(A) That a man heard or said 3. Pyarelal the FIR given by Bhargava
something Fact v. the accused State of
(B) A map or plan-Document Rajasthan
(C) Copies made from or evidence (D) Discovery of a 4. State of Bombay
compared with the original-Secon fact pursuant to v. Kathi Kalu a
dary evidence statement in Oghad police custody
(D) Facts connected to a fact in issue Ans.(D)
in such a manner as to constitute part
of the same transaction-Rule nisi 65. Question is, whether A was
Ans.(D) robbed.The fact that he said, he had
Exp. Rule NISI- Generally a rule nisi is been robbed without making any
an order to show cause" meaning that complaint
(A) is relevant showing preparation an admission
for relevant facts (C) prove it as it is explanatory of
(B) is relevant showing conduct facts conduct influenced by facts in issue
(C) is relevant showing effect of (D) None of the above Ans.(C)
relevant Exp. The given problem is based on
(D) may be relevant under Section 32 Illustration (a) to Sec. 14 IEA.
or Section 157 of the Evidence Act
Ans.(D) 67. Which one of the following
Exp. The given problem is based on statements is correct?
illustration (k) of Section 8. The fact (A) An admission by a guardian ad
that he said he had been robbed litem against a minor is evidence
without making any complaint, is (B) Admission on a point of law made
not relevant as conduct, under by a pleader in court on behalf of the
Section 8, though it may be relevant client is evidence
as a dying declaration under Section (C) Admission by one of the several
32(1), or as corroborative ceiving defendants in a suit against another
stolen good lsen He offers to sell defendant is evidence
them below evidence under Section (D) Admission of fact made by a
157 IEA pleader in court on behalf of his
client is evidence. Ans.(D)
66. A is accused of receiving stolen
goods while knowing them to be 68. Which one of the following is the true
stolen. He offers to prove that he statement in relation to the relevancy
used to sell them below their value. of character?
(A) Not prove this statement (A) In criminal cases, previous good
(B) Prove if it is relevant otherwise character is irrelevant
than (B) In criminal proceedings, previous
bad character is relevant Supreme Court raised doubts
(C) In civil cases, character to prove regarding the applicability of the
conduct imputed is relevant doctrine of estoppels beyond Section
(D) In Civil cases, character of any 115, Evidence Act?
person affecting the amount of (A) Mercantile Bank of India Ltd. v.
damages is relevant Ans.(D) Central Bank of India Ltd.
Exp.In Civil cases, character of any (B) Madanappa v. Chandramma
person affecting the amount of (C) Turner Morrison and Co. v.
damages is relevant under Sec.55 IEA. Hungerford Investment Trust Ltd.
(D) Sitaram v. State of UP Ans.(B)
69. When the court has to form an
opinion as to the digital signature of 71. No revenue officer shall be
any person, opinion of which of the compelled to say when he got any
following 15 relevant? information as to the commission of
(A) Certifying Authority any offence against the public
(B) Controller appointed information revenue. This provision is contained
Technology Act ited under the (A) Section 125, Evidence Act
(C) Internet Service Provider (B) Section 124, Evidence Act (C)
(D) Certifying Authority which had Section 123, Evidence Act
issued digital signature certificate (D) Section 126, Evidence Act Ans.(A)
Ans.(D) Exp. No Magistrate or police officer
Exp. Sec. 45-A of Evidence Act provided shall be compelled to say when he
for opinion for examiner of electronic got any information as to the
evidence. commission of any offence, and no
Revenue officer shall be compelled
70. In which of the following cases the to say when he got any information
as to the commission of any offence A gives B a receipt for money paid by
against the public revenue. B. Oral evidence is offered for the
payment. The evidence is admissible.
72. No confession made to a police officer Reason (R): A receipt is not a contract
shall be proved as against a person or grant in respect of which oral
accused of any offence. The rationale evidence is barred.
of this rule is stated in Code:
(A) Queen Empress v. Abdullah (A) Both A and R are true and R is the
(B) Queen Empress v. Babulal correct explanation of A
(C) Queen v. Lillyman (B) Both A and R arc true but R is not
(D) Pakla Narayan Swamy v. Emperor the correct explanation of A
Ans.(B) (C) A is true but R is false
(D) A is false but R is true Ans.(A)
73. Where a bill of exchange is drawn in
a set of five, how many of them need 75. Assertion (A):
to be proved? Sections 91 and 92, Evidence Act
(A) Five should be read together Reason (R):
(B) Three These two Sections supplement each
(C) One other. Code:
(D) Two (A) Both A and R are true and R is the
Ans.(C) correct explanation of A
Exp.-If a document is required by law (B) Both A and R are true but R is not
to be attested it shall not be used as the correct explanation of A
evidence until one attesting witness (C) A is true but R is false
at least has been called-Sec.68 IEA. (D) A is false but R is true Ans.(A)
Exp.-Sec.92 is based on the principle
74. Assertion (A): that what is in writing shall be proved
by the writing itself. The fundamental (D) Presumption as to electronic
principle of Sec.92 is that if a agreements Sec.85-A Ans.(C)
transaction has been reduced into the
form of a document, the evidence of 78. Section 58 of the Evidence Act deals
that transaction shall only by that with E
document, Sec.92 bars the oral (A) formal admissions
evidence where Sec.91 does not apply, (B) evidentiary admissions
Sec.92 even not apply. (C) formal as well as evidentiary &
admissions
76. The court shall take judicial notice of (D) proof of facts by oral evidence
(A) Foreign judicial records Ans.(A)
(B) National Flag of a State not Exp. No fact need to be proved in any
recognized by India proceeding which the parties agree to
(C) Stephen's Digest on Criminal Law admit at the hearing Sec. 58.
(D) Rule of Road on land (and in sea)
Ans.(D) 79. Which of the following pairs is not
Exp. A list of fact of which court must correctly Matched:
take judicial notice is laid down in Sec. (A) Relevancy of statements as to law
57 of I.E. Act. contained in law books-Section 38,
77. Which of the following is an example Evidence Act.
of 'may presume? (B) Relevancy of statements is maps,
(A) Presumption as to electronic charts etc.-Section 35, Evidence Act.
records (C) Relevancy of Certain evidence for
(B) Presumption as to digital proving subsequent proceeding on
signature certificate 85-C the truth of facts therein stated
(C) Presumption as to electronic Section 34,Evidence Act.
messages 88-A
(D) Relevancy of statement as to fact Exp.- The given problem is bacon
of public nature-Section 37, Evidence Illustrations (a), (b), (c) and (d) of Se
Act. Ans.(B) 149 IEA
Exp. Section 36 deals with relevancy of
statement in maps charts and plans. 81. The principle of agency of necessit
Section 35 deals with- Relevancy of en (A) applicable in emergent situations
try in public record or an electronic where communication with the
record principal is not possible
made in performance of duty. (B) applicable in normal situations if
the communication with the
80. In which of the following instance principal is possible
there is no reasonable ground for (C) unknown to the law of agency
asking the witness question whether (D) None of the above Ans.(A)
he is a dacoit? Exp.-Combine reading of Sections
(A) A barrister is instructed by an 188 and 189 of Contract Act suggests
attorney- that an important that principle of agency of necessity
witness is a dacoit is applicable in emergency where,
(B) A pleader is informed by a communication with the principal is
person in court that an important not possible.
witness is a Ai 8:
(C) A witness of whom whatsoever 82. A gives woolen cloth to B, a tailor, for
is known randomly, whether he is making a suit. The tailor's charges are
(D) A witness of whom nothing settled at Rs. 500. After the suit is
whatsoever. is known. questioned ready, A tenders Rs.50 for the charges
asked to his mode of li means of but the tailor refuses to deliver the
living, gives unsatisfactory suit till A pays an old due. In such case
answers Ans.(C) (A) B can refuse to deliver the suit
(B) B cannot refuse to deliver the sul between the principal debtor and the
(C) B can refuse in certain creditor, discharges the surety as to
circumstances transactions subsequent to variance.
(D) B can sell the suit Ans.(B) (A) both A and R are true and R is the
correct explanation of A
83. Which of the following is correct? (B) both A and R are true but R is not
(A) Pledge made by a person having the correct explanation of A
limited interest is valid to the that (C) A is true but R is false
interest (D) A is false but R is true Ans.(B)
(B) Pledge made by a person Exp.-Liability of the surety is co-
voidable contract is valid extensive with that of the principal
(C) Pledge made by a mercantil is valid debtor-Sec.128. Any varience made
(D) Goods may be pledged by the without surety's con sent in the terms
servant in the absence of owner of the Contract between the principal
Ans.(C) debtor and the creditor, dis charges
Exp.-Pledge by mercantile agent is the surety as to the transactions
given under Sec.178 of Contract Act. subsequent to the variance-Sec.133.
But both statements are
independent.
84. Assertion (A): 85. A without the request of anybody
The liability of the surety is co- extinguishes the fire of B's godown. A
extensive with that of the principal suffers injury thereby. B promises to
debtor unless it is otherwise provided compensate A for the whole "amount
by the contract. Reason (R): Any he has spent for his treatment. The
variance, made without the surety's contract is
consent, in the terms of the contract (A) unenforceable
(B) void (B) Y is bound to pay as X did not
(C) voidable intend to supply goods gratuitously
(D) enforceable Ans.(D) and Y enjoyed the benefits of X's act.
Exp. Sec.70 provides for obligation of (C) Y is not bound to pay as he did not
person enjoying benefit of non- ask for the goods.
gratuitous act. (D) X must suffer for his mistake and
he cannot recover the price of goods
86. Promissory estoppel is sometimes from Y. Ans.(B)
spoken of is a substitute for Exp. The given problem is based on
(A)novation illustration
(B) quasi-contract (a) to Section 70. It provides obligation
(C) Consideration of person enjoying benefit of
(D) coercion Ans.(B) non-gratuitous act,
Exp. Section 68 to 72 of Contract Act
pro videos for quasi-contract. 88. X contracted with a tent house for
Promissory es toppel is sometimes erecting a shamiana for performing
spoken of is a sub stitute for quasi- the marriage of his daughter. On the
contract. day of marriage, a curfew was
clamped in the area preventing the
87. X, a trader leaves goods at Y's house celebration of the marriage. The
by mistake. If Y uses the goods, then shamiana owner claims the charges
which one of the following is correct agreed to be paid by X In the light of
when X demands recover price of the above, which one of the following
goods and Y refuses to pay? is correct?
(A) Y is not bound to pay as he (A) X has to pay the contracted
becomes the owner of the goods left charges
at his home. (B) X need not pay the agreed charges
but only reasonable charges (C) A awaits arrival of B to finish the
(C) X can require the State to bear the painting for B
claim for damages (D) A owes B Rs 2,000 and is also
(D) X need not pay anything as the indebted to other creditors. A makes
celebration of the marriage was an arrangement with his creditors,
impossible on account of the curfew including B, to pay them, half of the
Ans.(D) loan amount A pays to B Rs 1,000
Exp.-Para 2 to Sec.56 provides a Ans.(C)
contract to do an act which after the
contract is made, becomes 90. A contingent contract based on the
impossible, or by reason of some specified uncertain event not
event which the promisor could not happening within a fixed time
prevent, unlawful, becomes void (A) can be enforced if the event does
when the act becomes impossible or not happen within the fixed time
unlawful. Here, X is not bound to pay (B) cannot be enforced at all, being
anything as the celebration of the void
marriage was impossible on account (C) can be enforced if before the
of curfew. expiry of fixed time, it becomes
certain that
89. In which of the following instances such an event shall not happen
has the discharge of agreement not (D) Both (A) and (C)
been effected? Ans.(D)
(A) A promises to paint a picture for Exp. Contingent contracts to do or not
B. B afterwards forbid him to do so to do anything if a specified uncertain
(B) A owes B Rs 5,000. C pays to B Rs event happens within a fixed time
1,000, which B accepts in become void if, it the expiration of the
satisfaction of his claim against A time fixed, such event has not
happened, or if, before the time fixed, (D) Revocation of contract Ans.(D)
such event becomes impossible. Exp. Conract cannot be revoked it
Contingent contracts to do or not to only be discharged by perfermance,
do anything, if a specified uncertain frustration anticipatry breach of
event does not happen within a fixed contract, novation recission or
time, may be enforced by law when alteration.
the time fixed has expired, if it
becomes certain that such event will 93. Which one of the following does not
not happen. amount to fraud?
(A) Active concealment of a fact
91. Which one of the following is a (B) A promise made without any
contract? intention of performing it
(A) An agreement to do a lawful act by (C) Suggestion as a fact of that which
an unlawful means is not true by one who does not
(B) An undertaking in writing duly believe it to be true
signed to pay the time-barred debt (D) A representation made without
(C) An agreement in restraint of a knowing it to be false, honestly
lawful trade believing it to be true Ans.(D)
(D) An agreement to pay Rs-10,000 Exp. According to Sec. 17 of Contract
without consideration Ans.(B) Act 5
modes of fraud are as under:
92. Which one of the follow provided in (i) Suggesitio falsi
Sections 4 and 5 Contract Act? (ii) Suggesitio very
(A) Communication of offer (iii) A promise made without any
(B) Communication of acce intention of performing it
(C) Revocation of proposal (iv) Any other act fitted to deceive
acceptance (v) Any such act or omission as the law
specially declared to be fraudulent (d) A B C D
2 4 1 3
94. A stipulation for increased interest Ans. (The given options are incorrect)
from the date of default is known as
(A) Damage 96. Which one of the following
(B) Penalty propositions is correct?
(C) Liquidated damage (A) A minor's contract being void, a
(D) Compensation Ans.(B) minor is not bound to pay for
Exp.- Stipulation increased interest necessities supplied to him
date of default is known as penalty. (B) A minor's contract being variable,
he is bound to pay for necessities
95. Match List 1 with List-,1 and select supplied to him
the correct answer using the code (C) A minor is bound to pay for
given the Lists; necessities supplied to him because
List-I a minor's contract is valid
(A) Tinn v. Hoffman 1. Invitation to (D) A minor's contract is void but he is
treat and Co. bound to pay for necessities supplied
(B) Fisher v. Bell 2. Offers at large to him Ans.(D)
(C) Carlill v. Carbolic 3. Cross offers Exp, Minor's agreements are void ab
(D) Harvey v. Facey 4. Quotation of initio, was held in Mohari Bibi v.
price Dharmodas Ghosh, 1903 PC. by Lord
Code (a) A B C D North justice. Minor's agreement can
3 1 4 2 not be liable to enforced unless it is
(b) A B C D made for his ben efits ie. apprentiship
1 2 3 4 etc. A minor's contract is void but he
(c) A B C D is bound to pay for necessities
2 1 3 4
supplied to him out of his property (B) Both A and R are true but R is not
only. the correct explanation of A
(C) A is true but R is false
97. Match List-1 with List-II and select the (D) A is false but R is true Ans.(C)
correct answer using the code given
below the Lists: List-1 99. Which of the following are the duties
List-II of a bailee?
(A) Supervening 1. Uberrima fides (A) Duty to take reasonable care of
Impossibility contract goods
(B) Consideration 2. Frustration (B) Duty not to make unauthorized
(C) Good faith 3. Privity of contract use of goods
(D) Dunlp Tyre Co. v. 4. Quid pro quo (C) Duty not to mix his own goods with
Selfridge and Co. the goods bailed
Code: (D) Duty to compensate when goods is
(a) A B C D damaged despite of the care of the

1 3 4 2
bailee Code:
(b) A B C D
3 2 1 4 (A) 2.3 and 4
(c) A B C D
(B) 1.2 and 3
2 4 1 3
(d) A B C D (C) 3 and 4
2 1 3 4 Ans.(C)
(D) 1 and 2
Ans.(B)
98. Assertion (A):
Marriage brokerage contract is valid. 100. Adomsen v. Jarvis is leading case on
Reason (R): Marriage brokerage (A) Bailment
contract is opposed to public policy (B) Contract of Indemnity
Code: (C) Contract of Guarantee
(A) Both A and R are true and R is the (D) Pledge
correct explanation of A Ans.(B)

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JHARKHAND JUDICIAL PRELIMINARY EXAM 2008

1. Recently, which Indian cricketer set

(C) Tamil Nadu

Medal for India?

(D) Pratibha Singh Patil

have been awarded the Nobel Prize

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(D) Graham Bell Minister to address the UN General

7. Gerontology is a branch of study (A) Jawaharlal Nehru

related to diseases associated with (B) Moraji Desai

(A) children (C) Lal Bahadur Shastri

(B) young adults (D) Atal Behari Vajpayee Ans.(C)

(C) old age

(D) women Ans.(C) 11. From amongst the choices given,

which one of the clauses correctly

8. What is the title of the former US completes the following sentence?

(A) My Days (A) she will come

(B) My Life (B) she would come

(C) My Story (C) she comes

(D) My Years Ans.(B) (D) she will have come Ans.(A)

Environment Day celebrated? but different in meaning are called

(A) January 5 (A) synonyms

(B) March 5 (B) antonyms

(C) June 5 (C) homonyms

(D) November 5 Ans.(C) (D) homophones Ans.(D)

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sentence He is SP should sing together:

(A) an (A) Assertive

(B) a (B) Optative

(C) the (C) Exclamatory

(D) None of these Ans.(A) (D) Imperative Ans.(B)

best defines the following sentence: sentence contains an error If I was

The camel is the ship of the desert. you

(A) Simile. (A) I would not

(B) Metaphor (B) Agree to

(C) Irony (C) That foolish proposal

(D) Sarcasm Ans.(B) (D) Sarcasm Ans.(A)

18. Fill in the blank with appropriate

the word 'round has been used in the a month.

following sentence: The earth moves (A) before

round the sun. (B) in

(A) Noun (C) within

(B) Preposition (D) between Ans.(B)

group of words: A person aged

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(C) Septugenarian Order 7 C.P.C.

(D) Nonagenarian Ans.(A)

22. The expression "each party shall

following sentence? I feel an aching cost from each other.

void. (B) Both the parties are not to bed

(A) I feel lonely eprived of costs

(B) I feel pain (C) Both the parties are to be

(C) I feel hungry deprived of costs

to cost from each other Ans.(C)

when. costs implies that both the parties

(A) Plant is on an insufficiently are to be deprived of costs.

stamped paper valued in the plaint

in a court having no 23. Which of the following questions is

(B) Plaint is not filed in duplicate not to be determined by an

(C) Relief is undervalued in the executing court?

(D) Plaint is filed in a court having (A) Discharge of decree

jurisdiction. Ans.(D) (B) Execution of decree

Exp. Plaint is returned where – (C) Modification of decree