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Punjab Judiciary Prelims Paper 2013
1. As per Order 2 Rule 1 C.P.C., every suit shall as far as practicable be framed so as to:
a. Afford ground for final decision.
b. To prevent further litigation.
c. Both a and b.
d. None of the above.
2. Which of the following is not a ground for the court to order separate trials under Order 2 Rule 6 C.P.C.:
a. Delay in the trial.
c. Inconvenience.
b. Embarrassment of the trial.
d. None of the above.
3. Order 5 of C.P.C. provides for:Â
a. Issue and Service of Summons.
b. Institution of Suits.
c. Pleadings Generally.
d. Admissions.
4. When there are more than one defendants, the service of summons shall be made on:
a. Any one defendant identified as the representative of all the defendants.
b. Majority of the defendants.
c. Each one of the defendants the court may strike out any
d. None of the above
5. Under Order 6 Rule 16 C.P.C., the court may strike out any pleading on the ground that it is:
a. Scandalous.
b. Unnecessary.
c. Vexatious.
d. All of the above.
6. 'A' and 'B' sue 'C' for Rs. 1000.
a. 'C' cannot set off a debt due to him from 'A' alone.
b. 'C' can set off debt due to him from 'A' alone as a matter of right.
c. 'C' can set off debt due to him from 'A' alone with prior permission of the Court.
d. None of the above.
7. Issues arise when prepositions of law or fact are affirmed by one party and denied by the other.
a. Relevant
b. Material
c. Necessary
d. Disputed
8. When English is not the language of the court, evidence may be taken in English if:
a. The court considers it necessary.
b. All the parties do not object.
c. Both 'a' and 'b'.
d. None of the above.
9. Which of the following is true:
a. Affidavits can be confined only to statements of knowledge.
b. Affidavits can be confined only to statements of beliefs.
c. Affidavits cannot be confined to statements of beliefs only on interlocutory applications.
d. None of the above.
10. Where immovable property forms one estate situate within the local limits of the jurisdiction of two or more courts:
a. Any one court may sell the entire estate.
b. The court can sell only that part which is within its jurisdiction.
c. None of the courts can sell any part of the estate.
d. That court can sell the entire estate within whose jurisdiction majority portion of the property is situated.
11. When a decree has been sent to a court for execution, if the said court does not have jurisdiction to execute the decree, it shall:
a. Return the decree to court passing the decree.
b. Send the decree to High Court.
c. Send the decree to the court having such jurisdiction.
d. Any one of the above.
12. Which of the following is true:
a. The suit cannot abate by reason of death of either party if the death occurs after the conclusion of hearing.
b. The suit can abate by reason of death of either party if the death occurs after the conclusion of hearing.
c. The suit cannot abate by reason of death of either party if the death occurs after the conclusion of hearing only if the cause of action survives.
d. None of the above.
13. The plaintiff may abandon his suit:
a. at any time after institution of suit.
b. only after written statement has been submitted.
c. only after settling of issues.
d. none of the above.
14. Every suit by a minor shall be instituted in the name of:
a. the minor.
b. the guardian of the minor.
c. the next friend of the minor.
d. both (b) and (c).
15. Decree means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters________________________ in the suit.
a. Controversy
b. Dispute
c. Issue
d. None of the above
16. At any time after a warrant for the arrest of a judgment debtor has been issued, the court may cancel it on the ground:
a. that he is not in a fit state of health to be detained in prison.
b. that he is seriously ill.
c. both a and b.
d. only the state Government has the power to release.
17. 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 sale becomes absolute
b. when the property is sold.
c. when the purchaser acquires possession.
d. depends on the court.
18. Provisions of Section 10 of CPC are:
a. directory
b. mandatory
c. non-mandatory
d. discretionary
19. The chapter on Plea Bargaining does not apply:
a. when the offence is punishable with Death.
b. when the offence is punishable with Imprisonment for life.
c. to a Juvenile.
d. all the above.
20. Which of the following is true:
a. The State government can determine the language of each court within the state.
b. The State Government can determine the language of each court within the state except the High Court.
c. The state government cannot determine the language of any court within the state.
d. The state government can determine the language only in administrative tribunals.
21. 'A' is accused of cheating 'B' at a given time and place.
a. The charge need not set out the manner in which 'A' cheated'B'.
b. The charge must set out the manner in which 'A' cheated 'B'.
c. Whether the manner is set out or not is to be decided by the court.
d. None of the above.
22. When a person is accused of more offences than one __________________ committed within the space of twelve months, he may be charged with and tried at one trial for any number of them not exceeding three.
a. of similar nature
b. of similar kind
c. of same nature
d. of same kind
23. 'A' commits house-breaking by day with intent to commit adultery and commits adultery in the house so entered. 'A' may be _____ and convicted of offences under Sections 454 and 497 of the Indian Penal Code.
a. charged together
b. charged with separately
c. both 'a' and 'b'
d. none of the above
24. Which of the following person(s) are entitled under section 302 Cr.P.C. to conduct the prosecution of the case without the permission of the Magistrate:
a. Public Prosecutor
c. Assistant Public Prosecutor
b. Government Advocate
d. All the above
25. The court may assign a pleader to an accused in a trial when it appears to the court that the accused does not have _____________ means to engage one:
a. adequate
b. sufficient
c. proper
d. reasonable
26. The provisions as contained in Section 306(2) Cr.P.C. in relation to pardon to an accomplice applies to any offence punishable with imprisonment which may extend to ___________ or with a more severe sentence:
a. 2 years.
b. 3 years.
c. 5 years.
d. 7 years
27. When the inquiry or trial relates to an offence under sections 376 to 376D of the Indian Penal Code, the inquiry or trial shall, as far as possible, be completed within a period of 2 months from the date of ________.
a.commencement of examination of witnesses.
b. arrest of accused
c. charge being finalized.
d. none of the above.
28. When the accused is aggrieved by the report of the Clinical Psychologist as to his unsoundness of mind, he may prefer an appeal to:
a. Magistrate hearing the case.
b. Court of Sessions.
c. High Court.
d. Medical Board.
29. A Magistrate shall inquire into the unsoundness of mind of the person against whom the inquiry is being held when the Magistrate has reason to believe that such person is of unsound mind and consequently incapable:
a. of undergoing any punishment.
b. of making his defence.
c. of conferring with his counsel.
d. to be his own witness.
30. Every State Government__________ the Central Government shall prepare a scheme for providing funds for the purpose of compensation to the victims.
a. in collaboration with
b. in coordination with
c. with the permission of
d. in consultation with
31. When a sentence of _________is passed by the High Court, a certified copy of the judgment shall be immediately given to the accused free of cost whether he applied for the same or not.
a. death
b. imprisonment for Life
c. imprisonment for 10 Years
d. all the above
32. Under Section 378[1] Cr.P.C., who can direct the 'Public Prosecutor, to present an appeal to the Court of Session from an order of acquittal passed by Magistrate in respect of a cognizable and non-bailable offence:
a. District Magistrate
b. Chief Judicial Magistrate
c. High Court
d. None of the above
33. The sentence of an imprisonment for a term is not set off against the period of detention undergone by the person during trial of the same case when such a sentence:
a. is for the offence of rape.
b. is for sedition.
c. is in default of payment of fine.
d. None of the above.
34. The general rule in relation to fixing the amount of any Bond under provisions as to Bail and bonds of Cr.P.C. is that it should not be:
a. oppressive
b. unreasonable
c. excessive
d. meagre
35. In the trial of summons case by a Magistrate:
a. charges must be framed.
b. charges need not be framed.
c. charges can be framed provided accused does not object.
d. only substance of accusation is to be stated.
36. As per Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009), w.e.f. 31.12.2009, which inserted clause (wa) in Section 2 in Cr.P.C. defining 'victim' as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged includes:
a. victim's guardian only.
b. Victim's guardian and legal heir.
c. Victim's neighbour.
d. Victim's close friend.
37. 'A' is accused of waging war against the Government of India by taking part in an armed insurrection in which property is destroyed at 'X', troops are attacked at 'Y' and gaols are broken open in 'Z'. 'A' was present at 'X' and 'Y' but not at 'Z'.
a. Occurrence at X and Y are relevant.
b. Occurrence at X, Y and Z are relevant.
c. Occurrence at X, Y and Z are not relevant.
d. None of the above.
38. The question before the court is whether document 'X' is the will of 'A'. Which of the following is relevant:
a. 'A' had consulted Advocates in reference to making the will.
b. 'A' had caused drafts of wills to be prepared of which he did not approve.
c. 'A' had made enquiries as to the value of his estate which he has bequeathed.
d. All the above.
39. 'A' is charged with travelling on a train without a ticket. The burden of proving that he had a ticket is on:
a. the ticket collector
b. 'A'
c. the Railways
d. None of the above
40. Rules as to burden of proof are:
a. rebuttable presumptions of law.
b. irrebuttable presumptions of law.
c. rebuttable presumptions of fact.
d. irrebuttable presumptions of fact.
41. 'A' wishes to prove a dying declaration by 'B'. The burden to prove that 'B' is dead is on:
a. the state.
b. family members of 'B'
c. legal Heir of 'B'.
d. 'A'.
42. Section 105 of the Evidence Act requires that the Court __________________presume the absence of such circumstances which brings a case within the purview of the General Exceptions in the Indian Penal Code.
a. must
b. shall
c. may
d. ought to
43. Section 108 of the Evidence Act provides that when a man has not been heard of for seven years by those who would _____ have heard of him if he had been alive, the burden of proving that he is alive shifts on the person who affirms it.
a. naturally
b. normally
c. usually
d. ordinarily
44. Section 111 of the Evidence Act speaks of such situations where one person stands in a position of ________to the other person.
a. active faith
b. passive faith
c. active confidence
d. confidence
45. Section 116 of the Evidence Act is applicable to:
a. movable Property.
b. immovable Property.
c. intellectual Property.
d. all of the above.
46. All persons shall be competent to testify unless the Court considers that they are prevented from _____the questions put to them.
a. understanding
b. properly understanding
c. rationally understanding
d. comprehending
47. As per section 120 of the Evidence Act, which of the following has been stipulated that:
a. Wife of a party is not a competent witness in a civil proceeding.
b. Husband of a party is not a competent witness in a civil proceeding.
c. Wife of an accused is not a competent witness in a criminal proceeding.
d. None of the above.
48. 'A' is accused before the Court of Sessions of attempting to murder a police officer whilst on his trial before 'B', a Sessions Judge. 'B'
a. can be examined only upon a special order from a superior court.
b. may be examined as to what occurred.
c. cannot be examined at all.
d. None of the above.
49. Proof of a fact depends on:
a. accuracy of the statement and not upon the probability of its existence.
b. not upon the accuracy of the statement but upon the probability of its existence.
c. artificial probative value assigned to a fact.
d. rigid mathematical demonstration.
50. Under Section 113A of the Evidence Act, the Court ______ presume, and under Section 113-B of the Evidence Act, the Court ______presume:
a. may, shall
b. may, may
c. shall, shall
d. shall, may
51. Section 14 of Evidence Act makes relevant the facts that shows the existence of:
a. any state of mind.
b. any state of body or bodily feeling.
c. either state of mind or of body or bodily feeling.
d. a particular state of mind and of body.
52. Which of the following admission is no evidence:
a. an admission by one of the several defendants in a suit against another defendant.
b. an admission by a guardian ad /item against a minor.
c. an admission by one of the partners of a firm against the firm or other partners.
d. only (a) & (b).
53. Section 27 of Evidence Act applies:
a. when the person giving information is an accused but not in police custody.
b. when the person giving information is an accused and is in police custody.
c. when the person is in police custody but not an accused.
d. only (a) & (b).
54. Section 91 of Evidence Act:
a. permits admission of oral evidence to prove the contents of a document where the writing is a fact in issue.
b. prohibits admission of oral evidence to prove the contents of a document, where the writing is a fact in issue.
c. prohibits admission of oral evidence to prove the contents of a document where the writing is not a fact in issue and is merely a collateral memorandum.
d. both (b) & (c).
55. The right to cross-examine on an answer to court question is available:
a. to the adverse party only.
b. to the party calling the witness only.
c. to either of the parties with the leave of the Court.
d. none of the parties.
56. Examination of witnesses in criminal cases through video conferencing is:
a. permissible.
b. impermissible.
c. permissible at the option of the witness.
d. permissible at the option of the accused.
57. The evidence unearthed by the sniffer dog falls under:
a. oral evidence.
b. documentary evidence.
c. hearsay evidence.
d. scientific evidence.
58. The limitation period for recovery of arrears of rent is a period of _____from the date arrears becoming due.
a. 1 year
b. 2 years
c. 3 years
d. 5 years
59. A counter claim is treated as a separate suit and is deemed to have been instituted:
a. on the same date as the suit in which it is pleaded.
b. on the date on which the counter-claim is admitted.
c. on the date on which the counter-claim is made in court.
d. None of the above.
60. Section 7 of the Limitation Act does not apply to:Â
a. liability in respect of any immovable property.
b liability in respect of any movable property.
c. contractual liability.
d. none of the above.
61. Under Section 15 of the Limitation Act, which of the following is not excluded in computing the limitation period:
a. The duration of the stay order.
b. The day on which the stay order was issued.
c. The day on which the stay order was withdrawn.
d. None of the above.
62. In relation to which of the following documents, registration is optional:
a. Instrument of gift of immovable property.
b. Lease of immovable property for a period of two years.
c. A will valued at Rs. 10 Lakh.
d. None of the above.
63. 'A' instigates 'B' to murder 'C'. 'B' refuses to do so. Which of the following statements is true in this context?
a. 'A' is not guilty of abetment as the murder was not committed by 'B'.
b. 'A' is guilty of abetment even if the murder was not committed by 'B'.
c. 'A' and 'B' are both guilty of criminal conspiracy.
d. 'A' is not guilty of any offence under the IPC as no offence has been committed in this case.
64. For an offence of Criminal Conspiracy under Section 120-A of I.P.C., the parties involved should agree to do or cause to be done an act:
a. the ultimate object of which is illegal .
b. which is not illegal, but by illegal means.
c. which is illegal but by legal means.
d. 'a' and 'b'.
65. 'A' and 'B' beat each other up and exchange blows in a cinema hall in the middle of a movie. They are guilty of:
a. riot
b. assault
c. affray
d. use of Criminal Force
66. 'Z' attempts to horsewhip 'A', not in such a manner as to cause grievous hurt to 'A'. 'A' draws out a pistol. Z persists in the assault. 'A', believing in good faith that he can by no other means prevent himself from being horse-whipped shoots 'Z' dead. 'A' is guilty of:
a. murder
b. grievous hurt
c. culpable homicide
d. none of the above
67. Which of the following does not amount to grievous hurt?
a. Dislocation of a tooth.
b. Permanent disfiguration of the face.
c. Emasculation.
d. None of the above.
68. To attract punishment under Section 322 of the IPC, Grievous hurt has to be caused:
a. Voluntarily
b. Involuntarily
c. May be voluntary or involuntary
d. Volition is relevant depending on the circumstances
69. 'A' has taken a house on rent from 'B'. 'A' has gone out after closing the house. 'B' puts his own lock on the premises in A's absence. This is:
a. no offence at all.
b. wrongful confinement.
c. wrongful restraint.
d. trespass.
70. 'A' finds a valuable ring on the road. He immediately sells it without attempting to discover the owner. He is said to have committed:
a. Fraud
b. Theft
c. Dishonest Misappropriation
d. No offence at all
71. Abduction can be committed against:
a. A person of any age.
b. A male or female person below 18 years only.
c. Women only.
d. None of the above.
72. 'A' is the paramour of Z's wife. She gives a valuable property which, 'A' knows to belong to her husband 'Z' and to be such property which she has no authority to give. If 'A' still takes the property, he commits:
a. robbery
b. theft
c. dishonest misappropriation of property
d. no offence
73. For the offence of dishonest misappropriation of property, the property should be:
a. Movable
b. Immovable
c. Both 'a' and 'b'
d. Neither 'a' nor 'b'
74. 'A' intentionally pulls up a woman's veil without her consent. He does so knowing that his act is likely to cause fear or annoyance to her. He is guilty of:
a. use of force.
b. use of criminal force.
c. affray.
d. outraging her modesty.
75. 'A', 'C'and 'D' commit rape on 'B' and are convicted by Court of law. Subsequently, 'A' is found guilty of having committed the rape of 'X' also. 'A' is liable to be punished with:
a. imprisonment for 7 years, extendable to 10 years.
b. only imprisonemnt upto 10 years.
c. imprisonment for life till natural death or death.
d. life imprisonment or 10 years rigorous imprisonment.
76. Which of the following is/are true in the context of abetment? 'A' says to 'B' "I intend to kill 'C". 'B' says, "Do as you like". 'A' kills "C". 'B' is guilty of:
a. abetment.
b. instigation
c. abetment to murder.
d. none of the above
77. The offence of adultery is:Â
a. bailable
b. non-cognizable
c. compoundable
d. all of the above
78. 'A' picks up a cheque on a banker signed by 'B', payable to bearer, but without any sum having been inserted in the cheque. 'A' fraudulently fills up the cheque by inserting the sum of ten thousand rupees. 'A' is guilty of:
a. criminal misappropriation.
b. Fraud.
c. cheating.
d. forgery.
79. In a case of free fight between two parties:-
a. right of private defence is available to both the parties.
b. right of private defence is available to individual against individual.
c. no right of private defence is available to either party.
d. right to private defence is available only to one party.
80. 'A' takes a camera belonging to 'B' out of the possession of 'B' without the consent of 'B', with the intention of keeping it until he gets a reward from 'B' for its restoration. 'A' is guilty of:
a. criminal misappropriation.
b. extortion.
c. theft.
d. cheating.
81. Under the general principle of Criminal Law, the jurisdiction to try a person for an offence depends upon:
a. place were such person is found.
b. place where crime is committed within local area.
c. the nationality of the offender.
d. none of the above.
82. 'A' finds a Government promissory note belonging to 'Z', bearing a blank endorsement. 'A', knowing that the note belongs to 'Z', pledges it with a banker as a security for a loan, intending at a future time to restore it to 'Z'. 'A' has committed an offence of:
a. cheating.
b. criminal breach of trust.
c. dishonest misappropriation of property.
d. mischief.
83. Which of the following is a ceremony, without the performance of which, a Hindu marriage is considered null and void:
a. Kanyadaan
b. Saptapadi
c. Sindoor-daan
d. None of the above
84. For desertion to qualify as a ground for divorce under the Hindu Marriage Act, intention to desert is:
a. a necessary condition.
b. a sufficient condition.
c. neither necessary nor sufficient condition.
d. none of the above.
85. Study the following statements and pick up the right option from the codes given below:
Statement I: Voluntary sexual intercourse outside the wedlock is a ground for judicial separation as well as divorce under the Hindu Marriage Act, 1955.
Statement II: Apart from being sued for divorce or judicial separation, a spouse having voluntary sexual intercourse outside the wedlock is also punishable under section 497 of the Indian Penal Code as such this act necessarily amounts to adultery.
a. Only Statement I is true.
c. Both I and II are true.
b. Only Statement II is true.
d. Neither I nor II is true.
86. In Islamic Law, a bequest to an heir:
a. cannot be made at all.
b. can be made subject to the consent of other heirs.
c. can be made without the consent of other heirs.
d. can be made if the senior-most heir permits.
87. Under the Dissolution of Muslim Marriages Act, a woman can seek divorce from her husband:
a. if he is impotent at the time of marriage.
b. if he continues to be impotent after marriage.
c. both 'a' and 'b'.
d. impotency is not at all a ground for divorce under the said Act.
88. Agnate is a person who is related by blood or adoption:
a. through males and females both.
b. wholly through males.
c. wholly through females.
d. None of the above.
89. Under Section 20 of Hindu Succession Act, 1956 the rights of a child born in justomatrimonio have a reference to:
a. moment of conception.
b. moment of birth.
c. either (a) or (b) whichever is beneficial to the child.
d. none of the above.
90. Under section 20 of the Hindu Adoptions and Maintenance Act, 1956, a Hindu is bound to maintain:
a. aged parents.
b. legitimate children.
c. illegitimate children.
d. all the above.
91. Which of the following dis-entitles a Hindu woman from the right to maintenance and separate residence from her husband?
a. Conversion
b. Unchastity
c. Remarriage
d. All the above
92. Study the following statements and pick up the correct code:
Statement-I: The power of High Courts to issue writs under Article 226 is wider than the power of Supreme Court under Article 32.
Statement-II: The Supreme Court has the power to issue writs only for violation of fundamental rights whereas the power of High Courts under article 226 can be invoked for the enforcement of fundamental rights as well as legal rights.
a. Statement I is correct but Statement II is incorrect.
b. Statement 11 is correct but Statement I is incorrect..
c. Both the statements are correct but Statement II does not justify statement I.
d. Both the statements are correct and statement II justifies statement I.
93. The Doctrine of Colourable Legislation means:
a. One cannot do indirectly what cannot be done directly.
b. A legislation should not be coloured with malice.
c. The intention behind every legislation should be clear.
d. A legislation should be interpreted in such a manner that a noble end is reached.
94. Match the following correctly:
List I:
(I) Kesavananda Bharati v. Union of India
(ll) lndira Nehru Gandhi v. Raj Narain
(lll) Minerva Mills' case
(IV) State of Bihar v. Bal Mukund Sah
List II
(w) 1975
(x) 1973
(y) 2000
(z) 1980
a. I-w, II-x, III-y, IV-z
b. I-x, II-w, III-z, IV-y
c. I-z, II-x, III-y, IV-w,
b. I-x, II-w, III-z, IV-y
d. None of the above
95. The pardoning power given to the President of India under Article 72 of the Constitution can be exercised:
a. only after the trial and on the sentence of conviction.
b. during or after trial but never before trial.
c. at any time before, during or after the trial.
d. either before or after the trial but never during the trial of the case.
96. The enforcement of Directive Principles of State Policy primarily depends on:
a. the choice of Government.
b. judiciary.
c. parliamentary Committee.
d. resources available with the Government.
97. Sovereignty under Constitution belongs to:
a. the President
b. the People
c. the Executive, Judiciary and Legislature
d. the Parliament
98. The power of Parliament to form new States or alteration of areas and boundaries is drawn from:
a. List I-Union List only
b. List Ill-concurrent list also
c. The Constitution other than Article 246
d. None of the above
99. The Power of the President of India to issue an Ordinance is:
a. Executive Power
b. Legislative Power
c. Constituent Power
d. Quasi-judicial Power
100. No person can be dismissed or removed from service or reduced in rank without holding an inquiry on the ground of conduct, which has led to his conviction on a criminal charge, if:
a. he has preferred any appeal against such conviction.
b. his sentence has been stayed in the pending appeal.
c. his conviction and sentence both have been stayed in the pending appeal.
d. none of the above.
101. Why is the year 1952 important in Indian History?
a. State Re-organisation Act was passed.
b. Punjab State was split.
c. First official census in India was held.
d. First general elections to the Lok Sabha was held.
102. The only President of India, who was elected un-opposed is:
a. Dr. S.Radha Krishnan b. Dr. Zakir Hussain
c. Neelam Sanjeeva Reddy d. Fakhruddin Ali Ahmed
103. Srikanth 'Sri', Srinivasan is the first ever south-asian American to serve as a Judge on:Â
a. U.S. County Court
c. U.S. Circuit Court.
b. U.S. Federal Court.
d. U.S. Supreme Court.
104. Two great Indian reformers were born in the same century B.C., who among the following were those two?
a. Ramanuja and Kabir
b. Gautam Buddha and Mahavira
c. Namdeva and Kabir
d. Mahavira and Ramanuja
105. All machines suffer a loss of efficiency due to:
a. lack of force
b. friction
c. lack of distance
d. force being exchanged for distance
106. Thein Dam is located on which of the following rivers?
a. Beas
b. Sutlaj
c. Chenab
d. Ravi
107. Where in India was the first atomic power plant set up?
a. Trombay
b. Tarapur
c. Rana Partap Sagar
d. Cochin
108. International Women's Day originally called International Working Women's day is marked on every year:
a. March 8
b. March 15
c. March 22
d. March 24
109. When the judgment of a court consists of certain observations which lay down certain principles of law, such observations are called:
a. obiter dicta
b. stare decisis
c. ratio decidendi
d. None of the above
110. Which of the following is the correct statement of law?
a. Judges make the law.
b. Judges do not make the law.
c. Legislature makes the law and the Judges interpret them.
d. Legislature makes the law and the judges interpret them but the interpretation also becomes law.
111. Under the Indian Contract Act, a finder of goods is subject to the same duties as a:
a. Bailee
b. Trustee
c. Owner
d. Custodian
112. 'A' supplies the wife and children of a lunatic ·s• with necessities suitable to their condition of life. 'A' is:
a. Not entitled to any reimbursement
b. Entitled to reimbursement from B's property
c. Entitled to partial reimbursement only
d. None of the above
113. 'A' and 'B' agree that 'A' shall pay Rs 20000 for which 'B' shall deliver either rice or heroin. The contract is:
a. void.
b. valid.
c. void agreement as to delivery of heroin and valid contract as to delivery of rice.
d. voidable.
114. Which of the following is not relevant in determining the quantum of damage under Section 73 of the Indian Contract Act:
a. motive
b. manner
c. loss suffered
d. both (a) & (b)
115. As per section 5 of the Indian Partnership Act, the relationship of partnership is created by:
a. Status
b. Contract
c. Statute
d. None of the above
116. Study the following statements and pick up the right option from the codes given below:
Statement I: A minor can be a partner in a firm if all the members give their consent in relation to the same.
Statement II: A minor's share in the firm is liable for acts of the firm but the minor is not personally liable for any such act.
a. Only Statement I is true.
b. Only Statement II is true.
c. Both the statements are true.
d. Neither statement I nor statement II is true.
117. A stipulation collateral to the main purpose of the contract is called:
a. Condition
b. Warranty
c. Guarantee
d. None of the above
118. Delivery under the Sale of Goods Act means:
a. Transfer of possession from one person to another
b. Voluntary transfer of ownership from one person to another
c. Voluntary transfer of possession from one person to another
d. None of the above
119. A non-resident Indian is entitled to seek eviction of his tenant under Section 13-B the East Punjab Urban Rent Restriction Act, 1949, if he is:
a. permanently settled outside India and has surrendered his Indian citizenship.
b. temporarily settled outside India and owns the property for the last four years.
c. is either permanently or temporarily settled outside India irrespective of his status as citizen of India.
d. none of the above.
120. The principle of lis pendens embodied in Section 52 of the Transfer of Property Act, 1882 pertains to:
a. bona fide purchase
b. public policy
c. auction sale
d. none of the above
121. Which of the following is an actionable claim:
a. a decree.
b. right to recover profits from a co-sharer.
c. a claim to any debt other than a debt secured by mortgage of immovable property.
d. right to recover damages by way of interest for breach of contract.
122. The foundation of doctrine of election under the Transfer of Property Act, 1882 is that a person taking the benefit of an instrument:
a. must bear the burden.
b. must not bear the burden.
c. burden is not the subject of election.
d. none of the above.
123. Section 12 of the Specific Relief Act, 1963, permits the grant of specific performance of a part of a contract:
a. where the part left unperformed bears only a small portion of the whole in value and admits of compensation in money.
b. where the part left unperformed is a substantial portion of the whole in value and admits of compensation in money.
c. where the part left unperformed is a small portion of the whole in subject matter and does not admit a compensation in money.
d. none of the above.
124. Preventive relief is granted by the court under Section 36 of the Specific Relief Act, 1963:
a. by declaration
b. by specific performance
c. by injunction
d. none of the above
125. An injunction cannot be granted under the Specific Relief Act, 1963:
a. to restrain any person from instituting or prosecuting any proceedings in a Court not subordinate to that from which the injunction is sought.
b. to prevent the breach of contract, the performance of which would not be specifically enforced.
c. when the plaintiff has no personal interest in the matter.
d. all the above.
Answers
1. c
2. d
3. a
4. d
5. d
6. a
7. b
8. b
9. a
10. a
11. c
12. a
13. a
14. a
15. a
16. b
17. b
18. b
19. d
20. b
21. b
22. d
23. b
24. d
25. b
26. d
27. a
28. d
29. b
30. b
31. a
32. a
33. c
34. c
35. d
36. b
37. b
38. d
39. b
40. a
41. d
42. b
43. a
44. c
45. b
46. a
47. d
48. b
49. a
50. a
51. c
52. d
53. b
54. b
55. c
56. a
57. d
58. c
59. c
60. d
61. d
62. c
63. b
64. d
65. c
66. c
67. c
68. a
69. c
70. c
71. a
72. b
73. a
74. b
75. c
76. d
77. d
78. d
79. c
80. c
81. b
82. c
83. d
84. a
85. a
86. b
87. c
88. b
89. a
90. d
91. d
92. d
93. a
94. b
9.5. a
96. d
97. b
98. c
99. b
100. d
101. b
102. c
103. c
104. b
105. b
106. d
107. b
108. a
109. b
110. d
111. a
112. b
113. c
114. b
115. b
116. b
117. b
118. c
119. c
120. b
121. c
122. a
123. a
124. c
125. d
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