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JHARKHAND JUDICIAL PRELIMINARY EXAM 2014

1. Choose the tense form of the following 6. From the following words, the mis-
sentence:I was standing outside the post speltword
office. (a) Relinquish
(a) Present continuous tense (b) Illuminant
(b) Past continuous tense (c) Exodes
(c) Past simple tense (d) Dependency Ans.(c)
(d) Past Perfect tense Ans.(b)
7. Gynaephobia' stands for
2. I am trying to phone here, but I can't (a) fear of woman
(a) get up (b) fear of sex
(b) get through (c) fear of chins
(c) get on (d) fear of marriage Ans.(a)
(d) get away Ans.(d)
8. The word which is most opposite in
3. Which of the following is the sentence meaning to the word 'Random' is
withco-ordinating conjunction? (a) Accidental
(a) He had my hand test I should fall. (b) Haphazard
(b) He is slow but he is honest. (c) Incidental
(c) Rama will go if Hari goes. (d) Deliberate Ans.(d)
(d) A book is a book although there is
nothing in it Ans.(b) 9. Find the odd word out:
(a) Peripheral
4. The word which is most similar in (b) Necessary
meaningto the word Thrashing is (c) Fundamental
(a) Garbage (d) Essential Ans.(a)
(b) Beating
(c) Shouting 10. One who walks in sleep is
(d) Warning Ans.(b) (a) hyocrite
(b) imposter
5. The group of words which is most similar (c) somnambulist
in meaning to the word 'Vanished' is (d) sarcastic Ans.(c)
(a) Gone missing
(b) Was found 11. 'Estoppel' has been defined under
(c) Was killed (a) Section 115
(d) Was left behind Ans.(a) (b) Section 114
(c) Section 117

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(d) Section 130 Ans.(a) (d) None of the above
Ans.(b)
12. The presumption of legitimacy under Exp. The above problem is based on
Section 112 is illustration (a) to Section 106. of IEA,
(a) presumption of law 1872. Where a fact is specially within the
(b) presumption of fact knowledge of a party, the burden of
(c) mixed presumption of law and fact proving that fact lies upon him.
(d) None.of the above Ans.(a)
17. In respect of a certified copy, thirty years
13. A witness may, while under old, which fulfills all the conditions laid
examination,refresh his memory by under Section 90 of the Indian Evidence
referring to any writing made by himself Act, the court
at the time of the transaction or soon (a) shall presume
afterwards. This provision is provided (b) may presume
under (c) will not presume
(a) Section 159 (d) None of the above
(b) Section 160 Ans.(b)
(c) Section 158 Exp. Section 90 of IEA 1872, provides a
(d) Section 166 Ans.(a) document which is thirty years old is
presumed to be genuine, but the
14. Leading question has been defined presumption is at discretion of the Court
under the Indian Evidence Act, 1872 because the word 'may' is used.
under
(a) Section 141 18. A certified copy of a registered sale deed
(b) Section 14 produced in evidence
(c) Section 143 (a) will be proof of execution of the
(d) Section 145 Ans.(a) original and its registration
(b) will be proof of execution only
15. Under which Section of the Indian (c) will be merely proof of the fact that
Evidence Act, 1872 a public servant shall an original document was registered
not be compelled to disclose (d) will not prove anything in absence of
communication made to him in official original Ans.(c)
confidence? Exp. A certified copy of a registered sale
(a) Section 123 deed produced in evidence will be
(b) Section 124 merely proof of the fact that an original
(C) Section 125 document was registered
(d) Section 126 Ans.(b)
19. Confession of one accused is admissible
16. A is charged with travelling in a railway evidence against co-accused, if they are
without a ticket. The burden of proving tried
that he had a ticket is (a) jointly for the same offence
(a) on prosecution (b) jointly for different offences
(b) on accused (c) for the same offence but not jointly
(C) Neither on prosecution nor on (d) for different offences and not jointly
accused Ans.(a)

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Exp. Essentials of Sec.30 are as follows (d) None of the above
1. Joint trial of the accused; 2. Same Ans.(a)
offence 3. Statement of the co-accused Exp. The above problem is based on is
should be a confession; 4. Statement illustration (1) of Section 32 of LE. Act. In
tend to implicate equally the given case, letter was given by
deceased father to his friend announcing
20. For the purpose of proving a registered the birth of A on a given day is relevant
'Will it shall be necessary to call fact under clause (6)
(a) all the attesting witnesses
(b) one attesting witness at least 23. Which of the following is required to be
(c) one attesting witness and the proved essentially?
scriberof the Will (a) Judicial notice
(d)one attesting witness and the (b) Admitted fact
registering officer Ans.(b) (c) Confession
Exp. In case of registered Will', at least (d) Relevant facts Ans.(d)
one attesting witness is required as Exp. Judicial notice, admitted fact and
provided under proviso of Section 68 of confession is not required to be proved.
LE. Act. What is required to be proved that is
relevant fact and fact in issue-Sec.5.
21. In the Evidence Act, the conditions in
respect of computer output to be 24. Opinions of experts are not relevant
deemed and admissible in evidence as (a) upon a point of science
document is contained in (b) upon a point of art
(a) Section 65(B)(4) (c) upon a point of domestic law
(b) Section 65(B)(1) (d) as to identity of handwriting Ans.(c)
(c) Section 65(B)(2) Exp. Opinion of experts are relevant in
(d) Section 65(B)(5) following cases, 1. Foreign Law 2. Science
Ans.(c) 3. Art 4. Identity of handwriting or finger
Exp. The conditions referred to in sub- impressions-Sec.45
section (1) in respect of a computer out
put to be deemed and admissible in 25. Which of the following Sections provide
evidence as a document-Sec.65-B (2) the evidence may be given of facts in
Issue?
22. Which of the following is correct in (a) Section 3
respect of determining the date of birth (b) Section 4
of A? (c) Section 5
(a) A letter from A's deceased father to a (d) Section 6 Ans.(c)
friend, announcing the birth of A is a Exp. Section 5 declares that in a suit or
relevant fact proceeding, evidence may be given of
(b) A letter from A's deceased father to a the existence or non-existence of facts in
friend, announcing the birth of A is not a is sue, and of such other facts which are
relevant fact declared to be relevant facts by
(c) a letter from A's deceased father to a provisions of Sections 6 to 55.
friend, announcing the birth of A is not
admissible in evidence

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26. Which one of the following is not (b) promise
essential for a consideration? (c) offer
(a) It must be given at the desire of the (d) invitation for acceptance Ans.(a)
promisor Exp. Sec.2(a) provides definition of
(b) Valuable proposal. Proposal is a final expression
(c) Lawful of willingess by the offer which the other
(d) Adequate Ans.(d) party choose to accept it. But in case of
Exp. Sec.2 (d) defines the word tenders, it is only an invitation for
'Consideration' is given at the desire of submission of tenders and not proposal.
the promisor, If consideration is not
lawful then it will be void under Section 30. Every promise and every set of promises
23 of the IC. Act. Adequacy of forming the consideration for each other
consideration is not es sential for is
consideration under Section 25, (a) an agreement
Explanation 2 of the I.C. Act. (b) an acceptance
(c) an offer
27. The provisions relating to contingent (d) a contract Ans.(a)
contract under the Indian Contract Act. Exp. Every promise and every set of
1872 is laid down under promises forming the consideration for
(a) Sections 31 to 37 each other is an agreement as - defined
(b) Sections 32 to 37 under Section 2(e) of the Indian Contract
(c) Sections 31 to 36 Act. For formation of contract there
(d) Sections 30 to 36 Ans.(c) must be an agreement and the
Exp.Sections 31-36 of Contract Act agreement should be enforceable by
provides for contingent contract. law.

28. The Intimation under Section 59 of the 31. A agrecs with B to discover treasure by
Indian Contract Act, 1872 magic. The agreement is
(a) must be implied (a) voidable
(b) must be expressed (b) vold
(c) may be either expressed or implied (C) wrongful
(d) none of the above Ans.(c) (d) enforccable Ans.(b)
Exp. Sec.59 of Contrat Act is based on Exp. The first para of Section 56 of the
Clayton's Rule. Where a debtor owing Indian Contract Act 1872 lays down the
several distinct debts to one persons principle that an agreement to do an act
makes a payment to him, either with Impossible in itself is void. So an agree
express intimation or under ment to discover a treasure by magic,
circumstances im plying that the being impossible of performance is void.
payment is to be applied to the
discharge of some particluar debt, the 32. Which of the following Sections of the
payment if accepted must be applied Indian Contract Act, 1872 defines
accordingly. *Contract"?
(a) Section 2(h)
29. A tender in a newspaper is (b) Section 2(1)
(a) invitation to offer (c) Section 2(d)

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(d) Section 2(a) Ans.(a) (c) Section 128
Exp. An agreement enforceable by law is (d) Section 130 Ans.(c)
a contract-Sec.2(h). Exp. Unless otherwise agreed, the
liability of the surety is co-extensive with
33. Which of the following Sections of the principal debtor-Sec.128.
Indian Contract Act. 1872 defines
"Consideration'? 37. 'An agreement to do an act impossible"
(a) Section 2(a) 1g provided in the Indian contract Act
(b) Section 2(b) under
(c) Section 2(c) (a) Section 39
(d) Section 2(d) Ans.(d) (b) Section 50
Exp. According to Section 2(d). It is some (c) Section 56
act, done or promised to be done, at the (d) Section 55 Ans.(c)
desire of the promisor. It may be Exp. Para I to Sec.56 provides that an
present, part and future. agreement to do an act impossible is
void.
34. "An agreement without consideration is
void" Which Section of the Indian 38. A contract of pledge is a contract of
Contract Act, 1872 lays down this (a) indemnity
provision? (b) guarantee
(a) Section 23 (c) bailment
(b) Section 2(d) (d) agency Ans.(c)
(C) Section 10 Exp. Section 172 the ballment of goods as
(d) Section 25(1) Ans.(d) security for payment of a debt or
Exp. Exnudopacto non orito literally performance of a promise is called
means an agreement without "pledge". So a pledge is only a special
consideration is void-abinitio-Sec.25, kind of bailment

35. The nature of an agreement made under 39. In kidnapping, consent of minor is
4 the provisions of Section 20 of the (a) wholly immaterial
Indian Contract Act, 1872 would be (b) partly immaterial
(a) valid (c) wholly material
(b) vold (d) partly material Ans.(a)
(c) invalid Exp. Consent of minor is not material for
(d) voidable Ans.(b) the purposes of kidnapping under
Exp. According to Sec.20, where both par Sec.361 IPC. It says that whoever takes
ties to an agreement are under a or entices any minor under 16 years of
mistake as to a matter of fact essential age is male. or under 18 years of age if a
to the agreement the agreement is void. female, or any person of unsound mind,
out of the keeping of lawful guardian of
36. "The Itability of the surety is coextensive such minor or person of unsound mind
with the principal debtor". It has been without the consent of such quandlan, is
provided under said to kid nap such minor or person
(a) Section 126 from lawful guardianship.
(b) Section 127

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40. A, who deals only in coconut oil, enters quits through any passage not intended
into an agreement with B to sell 50 tons by any person other than himself or an
of oil. The agreement is abettor of the offence for human
(a) enforceable by law entrance. (3) If he enters or quits
(b) vold due to uncertainty through any passage which he or any
(c) voidable due to uncertainty abettor of the house has opened. (4) If
(d) None of the above Ans.(a) he enters or quits by opening any lock in
Exp. The given problem is based on order to the committing of the house
illustration (c) to Section 29 of the Indian trespass. (5). If he effects his entrance or
Con tract Act. It provides that departure by using criminal for or
agreements, meaning of which is not committing an assault or by threatening
certain or capable of being made certain, any person with assault.
are void. (6) If he enters or quits by any pass
which he knows to have been fastened
41. B Is wife of A. A during lifetime of B and against such entrance or departure and
with her consent makes an agreement unfastened by himself or by an abettor
with C to marry her (C). The agreement of the house trespass.
is
(a) void 43. What punishment may be awarded to
(b) voidable the person whose act is covered under
(c) valid general exceptions of Chapter IV of IPC?
(d) None of the above Ans.(a) (a) No punishment
Exp. A's agreement during life time of B (b) Half of the punishment prescribed for
to marry C is void under Section 23 of that offence
Indian Contract Act because object of (c) One fourth of the punishment
agreement is immoral and also against prescribed for that offence
public policy. (d) Depends upon discretion of the court
Ans.(a)
42. A finds the key of B's house door, which Exp. All acts or omissions of an accused
B had lost, and commits house trespass which is an offence shall be read subject
by entering B's house, having opened to Chapter IV (Sections 76-106) IPC
the door with that key. A has committed Sec.6.IPC.
the offence of
(a) lurking house trespass 44. In which of the following landmark
(b) criminal misappropriation cases, a three-judge bench of the
(c) attempt to theft Supreme Court prescribed four-point
(d) house breaking Ans.(d) test relating to Section 300, thirdly, of
Exp. House breaking is provided under IPC?
section 445 of IPC. Any person commits (a) Virsa Singh v. State of Punjab, AIR
house trespass by effecting entrance 1958 SC 465
into the house in any of the following six (b) States of UP. Ramesh Prasad Mishra
ways then he is said to commit house (1996) 10 SCC 360
breaking (1) If he enters or quits through (c) K.M. Nanavati V. State of
a passage by himself or by any abettor of Maharashtra, AIR 1962 SC 605
the house trespass. (2) If he enters or

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(d) Nehru @ Jawahar v. State, AIR 2008 SC Exp. In the present problem, A does not
2574 Ans.(a) have legal duty to save B. No one can be
Exp. Supreme Court in Virsa Singh v. punished for moral wrong, hence A is not
State of Punjab, 1958 SC, prescribed liable.
following four point test relating to
Section 300, of IPC-It must establish, 47. "Common Intention' signifies
objectively (1) that a bodily injury is (a) similar intention
present. (ii) the nature of such injury (b) prearranged planning
must be Proved. (iii) it must prove that (c) presence of common knowledge
there was an intention to inflict that (d) common design for common objects
particular bodily injury of other words, it Ans.(b)
was not accidental or unintentional. (iv) Exp. Common Intention means prior
when above three elements are proved agreement to execute a plan. It does not
then fourth test would be that the injury mean similar intention of several
is sufficient in the ordinary course of persons. For common intention, it is
nature to cause a death. necessary that the intention of each one
of them be known to the rest of them
45. Inducing a person with dish Intention to and shared by them.
part with his par putting him in fear of
physical amounts to an offence or icon 48. A, knowing that B has murdered Z,
with dishonest it with his property by of assists B to hide the body with the
physical Injury intention of screening B from
(a) theft punishment A is liable to
(b) criminal misappropriation (a) imprisonment of either description
(c) extortion for seven years and to fine also
(d) criminal intimidation Ans.(c) (b) imprisonment for life
Exp. Sec-383 IPC provides for extortion, (c) death sentence
whoever intentionally puts any person in (d) fine only
fear of any injury to that person, or to Ans.(a)
any other and thereby dishonestly Exp. The given problem is based on
induces the person so put in fear to illustration to Sec. 201 IPC. A's act comes
deliever to any person anything or under Second Para of Sec.201 IPC which
valuable security, or any thinking signed says that if the offence for which
or sealed which may be converted into a disappear once of evidence was caused if
valuable security, commits, "extortion'. punish able with capital offence, he shall
be punished with imprisonment of either
46. A sees B drowning in the river but does description for a term which any extend
not save him. B is drowned. A has to 7 years and shall also be liable to fine.
committed
(a) the offence of murder 49. A is the paramour of Z's wife. She gives a
(b) the offence of abetment of suicide valuable property to A, which A knows to
(c) the offence of culpable homicide not belong to Z. and A takes it dishonestly,
amounting to murder without any authority of Z to give away.
(d) no offence Ans.(d) A has committed
(a) the offence of theft

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(b) the offence of cheating such mind or person of unsound mind
(c) the offence of extortion without the consent of such guardian, is
(d) no offence Ans.(a) said to kid nap such minor or person
Exp. The given problem is based on from laws guardianship.
illustration (0) of Sec.378 IPC, which
define theft 53. Under IPC, attempt to commit robbery is
punished under
50. Which of the following is not an (a) Section 393
essentialelement of theft? (b) Section 394
(a) Dishonest intention (c) Section 395
(b) Removal from possession (d) Section 396 Ans.(a)
(c) Immovable property Exp. Attempt to commit robbery is
(d) Without consent of the person in punishable under Sec.393 IPC.
possession Ans.(c)
Exp. Movable property is the subject- 54. In which of the following cases, it is
matter of theft under Sec.378 IPC. Theft settled that death sentence should be
is an offence against possession. awarded only in the rarest of rare'
cases?
51. For the offence of abduction of person, (a) Rv. Govinda
abducted must be (b) Hussainara v. State of Bihar
(a) minor (c) Bachan Singh v. State of Punjab
(b) major (d) Sunil Batra v. Delhi Administration
(c) minor or major Ans.(c)
(d) None of the above Ans.(c) Exp. In Bachan Singh v. State of Punjab,
Exp. For the offence of abduction, 1996 SC, held that death sentence should
abducted person may be of any age. The be awarded in rarest of the rare cases by
word any person under Section 362 recording a special reasons.
indicates the person of any age.
55. In which one of the following
52. Which of the following is not an essential circumstances the right of private
element for the offence of kidnapping? defence of the body extends to causing
(a) Minor death?
(b) Intention of the accused (a) Reasonable apprehension to cause
(c) Without the consent of lawful simple hurt
guardian (b) Reasonable apprehension to cause
(d) Beyond the control of lawful simple theft
guardian (c) Reasonable apprehension of causing
Ans.(b) wrongful restraint
Exp. Consent of minor is not material for (d) An act of throwing or administering
the purposes of kidnapping under acid or of such an attempt that
Sec.361 IPO. It says that whoever takes reasonably causes apprehension of
or entice any minor under 16 years of grievous hurt Ans.(d)
age if mal or under 18 years of age if a Exp. It is inserted as clause seventhly in
female, c any person of unsound mind, Section 100 of IPC Criminal Law
out of the keeping of lawful guardian of

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(Amendment) Act, 2013 and came into (d) 7:9 Ans.(b)
force from 3-2-2013
61. 'Law Day' is celebrated in India on which
56. As per IPC, gangrape is punished under one of the following dates?
(a) Section 376A (a) 15th August
(b) Section 376C (b) 26th January
(c) Section 376D (c) 26th December
(d) Section 376E Ans.(c) (d) 26th November Ans.(d)
Exp. It is substituted by Criminal Law
(Amendment) Act, 2013. These 62. The State of Jharkhand was established
amendments came into force from 3-2- on
2013. (a) 15th November, 2000
(b) 16th November, 2000
57. To which one of the following the word (c) 15th December, 2000
'Illegal' used under Section 43 of IPC. It (d) 16th December, 2000 Ans.(a)
not applicable?
(a) Which is an offence 63. On the basis of area, the largest State in
(b) Which is prohibited by law India is
(c) Which furnishes a ground for civil (a) Rajasthan
action (b) Madhya Pradesh
(d) Which is immoral Ans.(d) (c) Uttar Pradesh
Exp. Section 43 of IPC, define the word (d) Maharashtra Ans.(a)
illegal is applicable to everything which
is an offence, which is prohibited by law 64. Joule is the unit of
which provides ground for civil action. (a) temperature
(b) pressure
58. In which State the first 'Lok-Ayukt' was (c) energy
appointed? (d) heat Ans.(c)
(a) Rajasthan
(b) Maharashtra 65. Antibiotics
(c) Gujarat (a) prevents pain (analgestic)
(d) Uttaranchal Ans.(b) (b) destroys body germs quickly
(c) does not prevent germs from growing
59. International Workers Day is observed (d) both (b) and (c) Ans.(b)
on
(a) 15th April 66. Where did Akbar born?
(b) 12th December (a) Delhi
(c) Ist May (b) Lahore
(d) 1st August Ans.(c) (c) Agra
(d) Amarkot Ans.(d)
60. The ratio of width of our National Flag
toits length is 67. The Tax Reform Commission was set up
(a) 1:2 by the
(b) 2:3 (a) Planning Commission
(c) 3:2 (b) Prime Minister

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(c) Ministry of Finance (b) is only one claimant claiming the
(d) Interstate Council Ans.(c) property against the other
(c) are several claimants claiming the
68. During proceeding for execution of a property under common interest of all
decree, if a question arises as to whether (d) None of the above Ans.(a)
any person is or is not the representative Exp. Sec. 88 r/w Order 35 CPC provides
of a party, such question shall be for Interpleader suit. It is a suit in which
determined by the real dispute is not between a
(a) the court which passed the decree plaintiff and a defendant but between
(b) the court executing the decree the defendants who interplead against
(c) the Appellate Court each other, not as an ordinary suit In
(d) a separate suit Ans.(b) such suit plain tiff is not really interested
Exp. All questions arising between the in the subject matter of the suit.
parties to the suit in which the decree
was passed, or the representatives and 71. The Court cannot order execution of a
re lating to the execution, discharge or decree as per Section 51 of CPC, in which
sat isfaction of the decree, shall be deter of the following ways?
mined by the court executing the decree (a) By delivery of any property
and not by a separate suit - Sec. 47(1) specifically decreed
C.P.C. (b) By attachment and sale of property
(c) By serving summons on the party
69. In execution of a decree, other than a (d) By appointing a receiver Ans.(c)
decree for maintenance, passed against Exp. Section 51 provides, Court may
A. what shall be the attachable portion, order execution of decree in the
if his salary is Rs. 10,000 per month? following ways (9 by delivery of property.
(a) Rs. 3,333 (ii) by attachment and sale of property.
(b) Rs. 5,000 (111) by amest and detention in prison,
(c) Rs. 3,000 (iv) by ap pointing a receiver, and (v) in
(d) Rs. 6,666 Ans.(c) such other manner as nature of relief
Exp. Sec.60 C.P.C. provides property liable granted may require in the given case.
to attachment and sale in execution of
decree. The gives problem is based on 72. If the appellant withdraws the appeal
Sec.60 (1) C.IC. provides that first 1000 Rs preferred against a decree passed ex 13
and two-third of the remainder arc not of CPC shall be
liable for attachment in execution of any (a) rejected
decree other than a decree for (b) returned
maintenance. Thus, out of 10,000 Rs., (c) maintainable
1000 Rs not liable to attachment and (d) referred for opinion of the Appellate
remaining 9000 Rs, two-third salary is Court Ans.(c)
not liable to attachment, hence 6000 Rs. Exp. Explanation to Rule 13. Order 9
are liable to be attachment. provides where there has been an appeal
against a decree passed ex-parte, and
70. In an 'Interpleader suit' there appeal has been disposed of on any
(a) are several claimants claiming the ground other than the ground that the
property adverse to each other appellant has with drawn the appeal no

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application shall lie for setting aside that detained in the civil person for a term
ex-parte decree. not exceeding three months by the
Court Rule 2-A, Order 39 CPC.
73. Where a suit is abated or dismissed
under Order 22 of CPC on the game 76. If a party who has obtained an order to
cause of action amend the pleadings under CPC, if not
(a) new suit may be instituted with the amended, after expiration of how many
consent of parties days shall not be permitted to amend
(b) fresh suit may be filed with prior the same without the leave of the court?
permission of the court (a) 15 days
(c) no fresh suit shall be brought (b) 90 days
(d) new suit may be filed if sufficient (c) 14 days
cause is shown Ans.(c) (d) 30 days Ans.(c)
Exp. Where a suit abates or is dismissed Exp. When a party has been granted for
under this Order, no fresh suit shall be leave to amend within the given time
brought on the same cause of action then he has to amend the pleading
Order 22. Rule 9. within that time. But if no time is
provided then within 14 days from the
74. Which of the following is not correct date of order and not after such
regarding the powers of Appellate expiration unless the time is extended
Court? by the Court-Order:6, Rule 18 CPC.
(a) Appellate Court has power to
determine a case finally 77. Where party dies after conclusion of the
(b) Appellate Court has power to remand hearing and before pronouncing of
the case Judgement
(c) Appellate Court has no power to take (a) the suit shall abate
additional evidence (b) the suit shall not abate
(d) Appellate Court has power to frame (c) the suit shall not abate if cause of
issue and refer them for trial Ans.(c) action survives
Exp. Section 107. Appellate Court shall (d) it will be deemed that judgment has
have following power (i) determine a been pronounced before death of the
case finally (11) remand a case (iii) frame party Ans.(d)
issues and refer them for trial (iv) take Exp. Where a party dies after conclusion
additional evidence. of the hearing and before pronouncing
of judgment then the suit shall not abate
75. Period of detention in civil and the judgment shall have effect as if
imprisonment, as a consequence of it was pronounced before death. Order
disobedience or breach of any 22. Rule 6.
injunction, shall not exceed
(a) one month 78. An application for revision under CPC is
(b) three months filed under
(c) six months (a) Section 114
(d) one year Ans.(b) (b) Section 115
Exp. When a person disobeys or breach (c) Section 116
any terms of injunction granted may be (d) Section 113 Ans.(b)

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Exp. Sec.115 provides for Revision. It can
be filed in the High Court on the 82. Sult of indigent persons has been
following grounds:- (1) that subordinate provided under
court has exercised a jurisdiction not (a) Order 32 of CPC
vested in it by law; or (11) that (b) Order 33 of CPC
subordinate court has failed to exercise (c) Order 29 of CPC
a jurisdiction so vested. or, (iii) that (d) Order 34 of CPC Ans.(b)
subordinate court acted in the exercise Exp. Order 33 of CPC provides for suit of
of its jurisdiction illegally or with indigent persons. A person is an indigent
material irregularity. person (a) if he is not possessed of
sufficient means (other than property
79. Before filing a suit against government exempt from attachment in execution of
under Section 80 of CPC It requires a a decree and the subject matter of the
notice to be given to the government of suit) to enable him to pay the fee
(a) 60 days prescribed by law for the plaint in such
(b) 30 days suit, or (b) where no such fee is
(c) 90 days prescribed, if he is not entitled to
(d) 14 days Ans.(a) property worth 1000 Rs./- other than the
Exp. Prior notice of two months is property exempt from attachment in
mandatory under Sec.80 CPC if a suit is execution of a decree, and the subject-
instituted against the Government or matter of the suit - Explanation I to Rule
public servant. 1 of Order 33 CPC.

80. Exemption from personal appearance in 83. The provision in respect of summary
the court is provided under procedure has been laid down under
(a) Section 133 of CPC (a) Order 37 of CPC
(b) Section 132 of CPC (b) Order 36 of CPC
(c) Section 143 of CPC (c) Order 38 of CPC
(d) Section 142 of CPC Ans.(a) (d) Order 40 of CPC Ans.(a)
Exp. Exemption from personal Exp. Suits upon bill of exchange, hundies
appearance in the Court is provided and promissory notes or recover a debt
under Sec. 133 of C.P.C. or liquidated demand in money is the
subject matter of summary procedure-
81. A suit in respect of public charities is Order 37
provided under C.P.C.
(a) Section 92 of CPC
(b) Section 41 of CPC 84. Under Section 37 of Code of Criminal
(c) Section 100 of CPC Procedure every person is bound to
(d) Section 105 of CPC Ans.(a) assist a Magistrate or a Police Officer
Exp. A suit in respect of public charities is (a) in the taking or preventing the
provided under Section 92 of IPC and the escape
Advocate General or two or more of any other person whom such
persons having interest in the trust with (b) in the prevention or suppression of
the leave of the Court may institute a breach of peace
suit. (c) in the prevention of any injury

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attempted to be committed to railways (c) Three yers if the offence is punishable
(d) All of the above Ans.(d) with imprisonment for a term exceeding
Exp. Section 37 Cr.P.C.imposes duty upon one year but not exceeding three years.
the public to assist a Magistrate or Police
Officer in following matters: in taking or 87. What is the maximum period an
preventing the escape of an offender, in Executive Magistrate may authorize the
the prevention or suppression of a detention to an accused in custody?
breach of the peace, or in the prevention (a) Not exceeding 24 hours
of in jury to railway, canal, telegraph or (b) Not exceeding 3 days
public property. (c) Not exceeding 7 days
(d) Not exceeding 15 days Ans.(c)
85. In a cognizable case under Indian Penal Exp. Sec.167(2A) CUPC. provides where a
Code the police will have all the powers Judicial Magistrate is not available. the
to-investigate Executive Magistrate may authroize the
(a) except the power to arrest without detention of an accused in custody for a
warrant term not exceeding seven days.
(b) including the power of arrest without
warrant 88. Who is not entitled to any maintenance
(c) and arrest without warrant, only under Chapter DX of CIPC
after seeking permission from the (a) Divorced wife
Magistrate (b) Judicially separated wife
(d) and arrest without warrant, only (c) Illegitimate child
after (d) Physically and mentally able adult
informing the Magistrate having son Ans.(d)
jurisdiction to inquire into or try the Exp. Following persons are entitled for
offence Ans.(b) maintenance:- Wife (including judicially
Exp. In a cognizable case, police may separated wife), divorced wife is has not
arrest without warrant and investigate remarried, legitimate or illegitimate mi
without the order of the Magistrate. nor child, physically and mentally unable
major son, or daughter (if not married).
86. For the purpose of taking cognizance of father, mother. Sec.125(1) Cr.P.C.
an offence what period of limitation It
prescribed by the court for an offence 89. How long a warrant of arrest shall
carrying punishment not exceeding one remain in force?
year? (a) 6 years
(a) 3 months. (b) 10 years
(b) 6 months (c) 12 years
(c) 1 year (d) Until executed or cancelled Ans.(d)
(d) 3 years of Ans.(c) Exp. Every warrant shall remain inforce
Exp. Period of limitation Section 468 of until it is cancelled by the Court which is
CrPC Six months, if the offence is sued it or until it is exccuted-Sec. 70(2)
punishable with fine only. in Cr.P.C.
(b) one yers if the offence is punishable
with imprisonment for a term not 90. What is the time limit prescribed within
exceeding one year

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which claims and objections to (d) First Class Judicial Magistrate Ans.(d)
attachment to be made under CrPC? Exp. Section 106, a Court of Session or
(a) 6 months First
(b) 60 days Class Judicial Magistrate may order to
(c) 1 year execute a bond as security for keeping
(d) 3 years peace on conviction for the period not
Ans.(a) exceeding three years.
Exp. Six months time limit from the date
of such attachment to claim and object
to such attachment on the ground that
the claimant or objector (not proclaimed 94. What is the maximum period, under
per son) has an interest in such property Section 110 of CrPC, for furnishing
Section 84 Cr.P.C. security prescribed for keeping good
behaviour?
91. Under what appropriate Section, a (a) 6 months
Magistrate may fssue an order of (b) 1 year
Injunction? (c) 2 years
(a) Section 133 (d) 3 years Aus.(d)
(b) Section 142 Exp. Section 110 of CrPC. an Executive
(c) Section 144 Magistrate has power to give order to
(d) Section 145 Ans.(b) execute bond as security for good
Exp. A Magistrate may issue an order of behaviour from habitual offender for
in such period not exceeding three years.
Junction as is required to obviate or pre
vent such danger or injury pending the 95. A confession made under Section 164 of
determination of the matter-Sec.142(1). the Criminal Procedure Code of 1973 can
be recorded by a Magistrate, during
92. Under what Section of CrPC a Magistrate course of
may direct local investigation? (a) a trial
(a) Section 139 (b) an investigation
(b) Section 133 (c) a trial or an investigation
(c) Section 145 (d) investigation, but before the
(d) Section 147 Ans.(a) commencement of inquiry or trial
Exp. The magistrate to direct local Ans.(d)
investigation and examine experts-
Sec.139 CPC. 96. Trial commences in warrant cases
Instituted on police report
93. Who among the following may ask for (a) with the issuance of process against
security for keeping peace on accused person
conviction? (b) with the submission of police report
(a) Sub-divisional Magistrate (c) on the framing of formal charge
(b) District Magistrate (d) on the appearance of the accused in
(c) Executive Magistrate obedience to the process issued by
the court Ans.(c)

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Exp. Section 240 of Cr.PC, the trial
commences in warrant cases Instituted 100. If question asked to witness to any
on police report on the framing of matter relevant to the matter in issue
charge. Before framing of charge, is and the answer given by witness to such
Court finds that charge is groundless question will criminate him, then
then accused shall be dischargd under (a) the witness shall be compelled to
Section 239 of CrPC. answer such question
(b) the witness shall not be compelled to
97. Which of the following statements need answer such question
not be signed by the maker? (c) court may presume
(a) Statement under Section 313 of (d) None of the above Ans.(a)
Cr.P.C. Exp. Section 132 of Evidence Act, whether
(b) Statement under Section 164 of any question is asked to witness about
Cr.P.C. any relevant matter in issue then such
(c) Statement under Section 161 of witness shall be compelled for answer of
Cr.P.C. such question even though such ques
(d) Statement (Confession) by accused tion will criminate or will expose to a
under Section 164 of Cr.P.C. penalty or forfeiture of any kind. But
Ans.(c) (deleted) proviso gives protection from any arrest
or prosecution except a prosecution for
98. Under which Section of law, Magistrate giving false evidence by such answer.
has power to issue 'commission' for
examination of witness in prison?
(a) Section 270
(b) Section 271
(c) Section 272
(d) Section 273 Ans.(b)
Exp. Section 271 of Cr.P.C. gives power to
the Court to Issue commission for
examination of the person detained in
prison when evidence of such person is
necessary for the end of justice.

99. Under which Section of law the court has


provision to direct tender of pardon to
the accused before pronouncement of
Judgment?
(a) Section 306
(b) Section 307
(c) Section 301
(d) Section 310 Ans.(b)
Exp. Section 307, the Court has power to
ten der pardon basically after
commitment of a case and before
pronouncing of judgment.

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