Multiple choice expected questions on Constitutional Law of India, Indian Penal Code, Law of Contract and Law of Torts for Indian Judicial Services Preliminary Exam!
1. The Preamble of the Constitution of India secures Justice, Liberty, Equality and Fraternity to:
(a) All persons
(b) Those who reside within the territory of India
(c) All citizens
(d) Those citizens who reside within the territory of India.
Ans. (c)
2. To display the contents of a folder in windows explorer you should—
A. click on it
B. collapse it
C. name it
D. give it a password
Ans: A
3. Which of the following statements is/are correct:
Under Article 200 of the Constitution of India, the Governor of a State may-
1. Withhold his assent to a bill passed by the State Legislature
2. Reserve the bill passed by the State Legislature for reconsideration of the President
3. Return the bill, other than a money bill, for reconsideration of the Legislature
Select the correct answer using the code given below:
(a) 1 only
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1, 2 and 3.
Ans. (d)
4. Section 22, Limitation Act, 1963 makes distinction between which of the following suits?
A. Private
B. Public
C. Representative
D. None of these
Ans. (D)
5. Joint sitting of Union Parliament may be summoned for:
(a) Special address of President
(b) Annual address of President
(c) Resolution of the deadlock between the two Houses on a non-money Bill
(d) President’s occasional message of national significance.
Ans. (c)
6. The National Park ‘Valley of Flower’ lies in the State of
A. Kerala
B. Himachal Pradesh
C. Uttarakhand
D. Jammu and Kashmir
Ans: C
7. The most abundant element in the crust of the earth is
A. Oxygen
B. Nitrogen
C. Manganese
D. Silicon
Ans: A
8. The term “economic justice” in the Preamble to the Constitution of India, is a resolution for:
(a) Equal distribution of wealth.
(b) Economy in the administration of justice.
(c) Socio-economic revolution
(d) Cheap justice to poor.
Ans. (a)
9. When was the Government agreed to let private VSAT operators and Internet Service Providers (ISPs) use the Ku – band:
(a) 2002
(b) 2000
(c) 2003
(d) 1999.
Ans. (d)
10. Which of the following statements hold true regarding cases of legitimacy under Indian System of law?
A. The husband must establish non-access in order to dispel the presumption arising under section 112 of the Evidence Act
B. When the prayer for blood test is made in order to have roving injury, the prayer for blood test cannot be entertained
C. Both A and B
D. Neither A nor B
Ans: C
11. Preamble to the Indian Constitution was first time amended by the:
(a) 42nd Amendment
(b) 43rd Amendment
(c) 72nd Amendment
(d) 73rd Amendment.
Ans. (a)
12. When were the Fundamental Duties incorporated in the Constitution:
(a) In 1975
(b) In 1976
(c) In 1978
(d) In 1979.
Ans. (b)
13. The Council of Ministers shall be collectively responsible to the House of the people under:
(a) Article 75(2)
(b) Article 75(3)
(c) Article 75(4)
(d) Article 75(5).
Ans. (b)
14. Chola age was most famous for
A. Village assemblies
B. War with the Rashtrakutas
C. Trade with Ceylon
D. Advancement of Tamil culture
Ans: A
15. Which of the following is true regarding Dayabhaga and Mitakshara School of Hindu law
A. Religious efficacy is guiding principle under Mitakshara School
B. Sometimes consanguinity and sometimes religious efficacy is guiding principle under Dayabhaga School
C. Dayabhaga School does not have definite guiding principle
D. Dayabhaga School is guided by the principle of religious efficacy
Ans: D
16. Which of the following is true regarding devolution of property?
A. Mitakshara School only recognises survivorship as a mode of devolution of property
B. Dayabhaga School recognises three mode of devolution of property
C. A member of Mitakshara joint family holds his share of property in quasi-severalty
D. The rule of survivorship applies to joint family property under Mitakshara School
Ans: D
17. Sheikh Nizam-ud-din Aulia was a
A. Courtier
B. Sufi saint
C. Religious preacher
D. Poet
Ans: B
18. Faujdar was in-charge of a
A. Pargana
B. Province
C. Sarkar
D. Village
Ans: A
19. The text of the Preamble of the Constitution of India aims to secure:
(a) Fundamental Rights to all individuals
(b) Fundamental duties to citizens of India
(c) Dignity of the individual and unity and integrity of the nation
(d) Security of service to Government servant.
Ans. (c)
20. Which of the following clauses of s. 18, Specific Relief Act applies where the terms actually embodied in the document are different from those which have been agreed upon by the defendant?
A. Clause (a)
B. Clause (b)
C. Clause (c)
D. None of these
Ans: A
21. Every proclamation issued under Article 356 shall cease to operate at the expiration of:
(a) one month unless before that period it has been approved by resolution of both Houses of Parliament
(b) two months unless before that period it has been approved by resolution of both Houses of Parliament
(c) six months unless before that period it has been approved by resolution of both Houses of Parliament
(d) three years unless before that period it has been approved by resolution of both Houses of Parliament.
Ans. (b)
22. Which is correct statement:
(a) Proclamation of National Emergency could be made when actual war, aggression or armed rebellion takes place
(b) Proclamation of National emergency should be made before the actual occurrence of war, aggression or armed rebellion
(c) Proclamation of National emergency may be issued either when actual war, aggression or armed rebellion takes place or before the actual occurrence of war, aggression or armed rebellion
(d) none of the above.
Ans. (c)
23. The start of 19th century might be taken as making the beginning of the:
(a) Natural law
(b) Positivist movement
(d) none of the above.
Ans. (b)
24. Which of the following changes have been in the ss. 31 and 34 of the repealed Act by s. 26, Specific Relief Act, 1963?
I. Excludes articles of association of a company from the operation of the sections
II. Enable obtaining of the relief in any suit in which any right arises under the instrument in issue, without requiring a suit to be specifically brought for the purpose
III. Enable obtaining of the relief also by the defendants in any such suit
IV. Enable obtaining of the relief only if the specially asked for in the pleading or by way of amendment
A. I, III
B. II, IV
C. I, II, IV
D. All of these
Ans: D
25. Which of the following cannot come from a holder of power of attorney who is not aware of the transaction under s. 16, Specific Relief Act, 1963?
A. The oral evidence of the fact of readiness
B. The oral evidence of the fact of willingness
C. Both (A) and (B)
D. None of these
Ans: C
26. Which one of the following is a valid defence in tort of nuisance?
A. The plaintiff has himself come to the area of nuisance
B. The defendant is doing a useful activity
C. The nuisance is being caused by many other also
D. The defendant is engaged in the activity for twenty years
Ans: D
27. During a very dry summer, Railway Company’s servants cut the grass and trimmed the hedge bordering the railway line and left the trims and cuttings bretween line and hedge. A fire caused by sparks from a railway engine ignited these heaps and spread over to a neighbouring field and a high wind carried the fire to B’s cottage.
A. B Cannot Claim damages as there was negligence involved
B. B cannot claim damages as no reasonable man could have foreseen the consequences
C. B can claim damages as the burning of the cottage was the direct consequences of the act
D. B cannot claim damages as there is break in the causations
Ans: C
28. A unlawfully locks B in a room B can open the door from inside the room also as he has a duplicate key in his possession. B however, forgets that he has a key and as a result remains licked in for two hours after which A comes back and opens the room, A is:
A. Not liable because B has a duplicate key in possession and can come out whenever he so wishes
B. Liable as he may not know that B has a duplicate key in his possession
C. Liable as his act is unlawful
D. Not liable as B has suffered because of his own forgetfulness
Ans: C
29. An isolated act of money lending on a joint security cannot be regarded as constituting a business with the meaning of which of the following sections of the Indian Partnership Act, 1932?
A. Section 1
B. Section 2
C. Section 3
D. Section 4
Ans: D
30. The word ‘business’ necessarily mean which of the following?
A. Some undertaking of industrial nature
B. Some undertaking of commercial nature
C. Either (A) or (B)
D. None of these
Ans: D
31. The 1929 Session of Indian National Congress is of significance in the history of the Freedom Movement because the:
(a) Attainment of Self-Government was declared as the objective of the Congress
(b) Attainment of Poorna Swaraj was adopted as the goal of the Congress
(c) Non-Cooperation Movement was launched
(d) Decision to participate in the Round Table Conference in London was taken
Ans. (b)
32. The split of the Congress into Moderates and Extremists took place during the session at:
(a) Ahmedabad
(b) Lucknow
(c) Surat
(d) Madras.
Ans. (c)
33. The Simon Commission in Indian history was concerned with:
(a) Higher education
(b) Constitutional reforms
(c) Reforms in princely states
(d) Famines.
Ans. (b)
34. The definition of the word ‘agent’ in which of the following sections of the Contract Act shows that the authority of an agent is to be gathered from either ‘words’ or ‘circumstances’ and is not implied to the mere fact that he is an agent?
A. Section 186
B. Section 187
C. Both (A) and (B)
D. None of these
Ans: C
35. Where a number of bales are purchased at one time, sales are to go on, profits are to be realised and those profits are to be divided among the partners. Such a venture amounts to which of the following?
A. Single venture
B. Partnership
C. Either (A) or (B)
D. None of these
Ans: B
36. Ibadat Khana at Fatehpur Sikri was:
(a) The mosque for the use of Royal Family
(b) Akbar’s private chamber prayer
(c) The hall in which Akbar held discussions with scholars of various religions,
(d) The room in which the nobles belonging to different religions gathered to discuss religious affairs
Ans. (d)
37. The Aryans came to India:
(a) From Central Asia
(b) From South China
(c) From Europe
(d) None of the above.
Ans. (a)
38. How many properties in India are inscribed on the World Heritage list by the UNESCO:
(a) 18
(b) 21
(c)24
(d) 32.
Ans. (d)
39. According to an old book written by P.T. Kantley in 1860 the first train had run in India on December 22, 1851 between:
(a) Roorkee and Piran Kaliyar
(b) Roorkee and Kanpur
(c) Roorkee and Khadagpur
(d) Roorkee and Mumbai.
Ans. (a)
40. Where minimum experience for submission of tender for Government contract is laid down, the experience of such partners prior to constitution of firm cannot be taken into account. However a contra view was taken by the same High Court in which of the followings suits?
A. Burrakur Coal Co. Ltd v. Union of India
B. M. Sitaram Reddy v. Indian Railways
C. Gur Narayan v. Sheolal Singh
D. None of these
Ans: B
41. Which of the following was true regarding Female heirs prior to enactment of the Hindu Succession Act, 1956?
A. Females succeeding as heirs to male took a limited estate in the property inherited by them in all cases
B. Female succeeding as heirs to female took limited estate in the properly inherited by them
C. Female succeeding as heirs to female took limited estate in property inherited by them, except in certain cases in Bombay state
D. Males succeeding as heirs to female took a limited estate in certain cases in Bombay state
Ans: C
42. Which of the following definition is the correct definition of spes successions?
A. Vested interest in inheritance
B. Bare chance of succession
C. Right of succession
D. Right of inheritance
Ans: B
43. What does the word ‘Form’ means under the Muslim Women (Protection of Rights on Divorce) Rules, 1986?
A. Annexed to these rules
B. Annexed to these Muslim Women (Protection of Rights on Divorce) Act, 1986
C. Annexed to rules in Code of Civil Procedure, 1908
D. None of these
Ans: A
44. Which of the following statements will be true regarding tenants-in-common under Dayabhaga School?
A. Two daughters inheriting jointly take as tenants-in- common
B. Three widows inheriting jointly take as tenants-in- common
C. Three daughters inheriting jointly take as joint tenants with rights of survivorship
D. None of the above
Ans: C
45. ‘Magistrate’ under the Muslim Women (Protection of the Rights on Divorce) Act, 1986 means which of the following?
A. Magistrate of the First Class exercising jurisdiction under the Code of Civil Procedure, 1908 in the area where the divorced woman resides
B. Magistrate of the First Class exercising jurisdiction under the Code of Criminal Procedure, 1973 (2 of 1974) in the area where the divorced woman does not resides
C. Magistrate of the First Class exercising jurisdiction under the Code of Criminal Procedure, 1973 (2 of 1974) in the area where the divorced woman resides
D. None of these
Ans: C
46. Every summons issued by a Magistrate on an application made under the Act as per rule 3 (1) of the Muslim Women (Protection of Rights on Divorce) Rules, 1986, shall be
A. In writing, in duplicate signed by the Magistrate
B. In writing, in duplicate signed by such other officer as he may, from time to time, direct, and shall bear the seal in the Court
C. Either A or B
D. None of these
Ans: C
47. The first sitting of the Indian Parliament of both the Houses after first General Election in 1952 was held on:
(a) 3rd May, 1952
(c) 13th May, 1952
(d) None of these.
Ans. (c)
48. On May 13, 2012 members of both Houses of Parliament celebrated the 60th anniversary of the first sitting of Parliament and passed a unanimous resolution by voice vote:
(a) To enhance the accountability of the government to the people through Parliament’s oversight
(b) To rededicate themselves to the sacred task of nation building
(c) To uphold and maintain the dignity, sanctity and supremacy of Parliament
(d) All of the above.
Ans. (d)
49. Which of the following event was organized by the Institute for Defence Studies and Analysis (IDSA) in New Delhi on March 6-8, 2017:
(a) Asian Security Conference
(b) BRICs Security Conference
(c) Global Security Conference
(d) SAARC Security Conference.
Ans. (a)
50. Certain institutions of national importance has/ have been scrapped by Modi Government:
I. Planning Commission
II. National Development Council
III. Inter-State Council
IV. Zonal Councils
The correct code is:
(a) I and II have been scrapped
(b) Only I has been scrapped
(c) I, III and IV have been scrapped
(d) All have been scrapped.
Ans. (d)
51. Which of the following are the reasons behind the Constitutional design of Rajya Sabha:
1. Mature input in legislative and constituent process from more experienced persons.
2. Tending some degree of continuity to the parliamentary work in view of the fact that the Rajya Sabha is a continuous chamber.
3. Unequal weightage to votes in Rajya Sabha since there is equal number of seats given to all states.
Select the correct answer using the code given below:
(a) 1, 2 and 3
(b) 1 and 2 only
(c) 2 and 3 only
(d) 1 and 3 only.
Ans. (b)
52. While no woman could reach to the post of Governor of Reserve Bank of India, yet three women had held the post of Dy. Governor which of the following is not amongst them:
(a) Usha Thorat
(b) K.J. Udeshi
(c) Shyamla Gopinath
(d) Isher Judge Ahluwalia.
Ans. (d)
53. Indian judge in the UN Law of the Sea Tribunal is:
(b) Dr. P.C. Rao
(c) Mr. Justice Jagannath Rao
(d) Mr. Justice Rajendra Babu.
Ans. (b)
54. As per the news published in some newspapers, some Indian business houses are willing to import Uranium from Australia. But due to certain regulatory issues, this is not possible for them. What is/are these regulatory problems particularly those which govern the import/ export of Uranium like materials:
(A) India has a special agreement with USA which does not allow India to import such radioactive materials from anywhere else.
(B) India is not a signatory of Non-Proliferation Treaty. Hence, it cannot import Uranium from Australia or other such countries.
(C) As per WTO rules, the export-import of radioactive material in its raw form is not allowed as it creates health hazards
(a) Only (A)
(b) Only (B)
(c) Only (C)
(d) All (A), (B) and (C).
Ans. (b)
55. ‘Prescribed’ under the Muslim Women (Protection of the Rights on Divorce) Act, 1986 means which of the following?
A. Prescribed by the rules made under the Muslim Personal Law (Shariat) Application Act, 1937
B. Prescribed by the rules made under this Act
C. Either A or B
D. None of these
Ans: B
56. Many times we read in newspapers that the Rupee is appreciating. When we consider the rupee-dollar exchange rate in the light of Purchasing Power Parity (PPP) we think that the exchange rate of the two currencies should be:
(a) Equal to the ratio of price levels in the two countries
(b) Not be equal to the ratio of price levels in the two countries
(c) Decided on the basis of the value of the third major currency i.e., Euro or Yen
(d) Necessarily be different for both the currencies as the economies of the both of them are driven on two different sets of variables and it has no relation with PPP.
Ans. (a)
57. Nuclear-capable, surface to surface missile Prithvi-II was test-fired successfully on 9th June, 2011 from Chandipur coast. Its full range is:
(a) 250 km.
(b) 350 km.
(c) 500 km.
(d) 1250 km.
Ans. (b)
58. The G-20 recently announced that economic policies of the world’s seven largest economies will be reviewed periodically with the objective of rectifying flaws before they imperil global growth. Which of the following statements is/ are correct:
I. India is among the Asian economies chosen
II. The review will be conducted by World Bank
III. Canada is among the seven economics chosen
(a) I only
(b) I and II only
(c) II only
(d) II and III only.
Ans. (a)
59. The Preamble to the Indian Constitution was amended in the year:
(a) 1976
(b) 1956
(c) 1982
(d) 1990.
Ans. (a)
60. How many times has the Preamble of the Constitution of India has been amended so far:
(a) Once
(b) Twice
(c) Thrice
(d) Neither time.
Ans. (a)
61. An individual visiting UAE will have to make his/her payments in:
(a) Dirham
(b) Baht
(c) Dinnar
(d) Taka.
Ans. (a)
62. Globalisation stands for:
(a) Removal of tariff and non-tariff barriers to internal trade
(b) Integration of national economics into global economy
(c) Structural Adjustment Programmes
(d) Removal of Government over economy
Ans. (b)
63. Which one of the following is an approach to the analysis of consumer behavior in economics:
(a) Utility analysis
(b) Inductive analysis
(c) Deductive analysis
(d) Empirical analysis
Ans. (a)
64. Which High Court Bar Association was recently in news for their resolution to dispense with the practice of addressing judges as ‘My Lord’ or ‘Your Lordship’ with “Your honour”:
(a) Delhi
(b) Punjab and Haryana
(c) Jharkhand
(d) Bombay.
Ans. (b)
65. The percentage of decadal growth of population during 2001-2011 as per census 2011 is:
(a) 21.54
(b) 17.64
(c) 15.89
(d) 19.21
Ans. (b)
66. The decisions of the General Assembly of UN have no legally binding effect on the Governments because there is no provision for the:
(a) International enforcing authority
(b) Moral authority of world community prevails
(c) World opinion is insufficient
(d) None of the above.
Ans. (a)
67. After the Governors (Emoluments, Allowances and Privileges) Amendment Act, 2008 (1 of 2009), the monthly emoluments of Governor of a State is fixed:
(a) Rs. 80,000
(b) Rs. 90,000
(d) Rs. 1,10,000.
Ans. (d)
68. Consider the following statements:
1. Parliament shall, while a proclamation of Emergency is in operation, have the power to make laws for the whole or any part of territory of India with respect to any of the matters enumerated in the State List.
2. Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List.
3. Parliament has power to make any law for whole or any part of the territory of India for implementing any treaty, agreement or convention with any other country.
4. Parliament has power to legislate with respect to a matter in the State List in the national interest subject to the resolution passed by the Council of States by two-third majority.
Which of these statements are correct:
(a) 1, 2 and 3
(b) 1, 2, 3 and 4
(c) 1, 3 and 4
(d) 2 and 4
Ans. (b)
69. Which can be the action subsequent to the acquisition of foreign territories:
(a) Constituted into new States under Article 2
(b) Merged into an existing State under Article 3(a) or 3(b)
(c) Formed into a Union Territory
(d) All of the above.
Ans. (d)
70. Which of the following statements is correct:
(a) Whether a situation exists or does not exist for proclamation of emergency is left entirely to the subjective satisfaction of the executive
(b) whether a situation exists or does not exist for declaration of emergency can be agitated before the court of law
(c) any subjective satisfaction of President is open for judicial review
(d) none of the above.
Ans. (a)
71. The overall sex ratio as per census 2011 is:
(a) 933
(b) 940
(c) 927
(d) 936
Ans. (b)
72. A proclamation under Article 356 may be issued by the President:
(a) only on receipt of a report from the Governor recommending issuance of such proclamation
(b) on receipt of a report from the Governor or even suo moto if he is satisfied that the Government of the State cannot be carried on in accordance with the provisions of the Constitution
(c) only if the communication has been received by him conveying the decision of Union Cabinet for the purpose
(d) none of the above.
Ans. (b)
73. Each member of the Security Council has one vote. Decision on procedural matters are to be taken by…………………. members. Here veto does not apply. On all other matters, there must be nine affirmative votes including those of five permanent members:
(a) 6
(b) 7
(c) 8
(d) 9.
Ans. (d)
74. Which of the following statements about the European Union (EU) is not correct:
(a) Transition form an economic union to an increasingly political one
(b) EU has a common foreign and security policy in its dealings with other nations
(c) Accelerate economic growth and through it ‘social progress and cultural development’
(d) EU functions as an important bloc in international economic organizations such as the World Trade Organization.
Ans. (c)
75. The prime responsibility of maintaining international peace and security is on the Security Council. It consists of 15 members, each of which has one vote. There are 5 permanent members and 10 non-permanent members. The non-permanent members are elected by General Assembly for a term of:
(a) 1 year
(b) 2 years
(c) 3 years
(d) 5 years.
Ans. (b)
76. Appeals can be preferred against:
(a) decree
(b) order
(c) both decree & order
(d) only decree & not order.
77. Pauper appeals have been provided:
(a) under Order XLII of CPC
(b) under Order XLIII of CPC
(c) under Order XLIV of CPC
(d) under Order XLV of CPC.
78. A sues B for an injunction to prevent A from enjoying the honour of standing at a particular place in the temple. B dies pending the suit.
A. The suit abates
B. The suit does not abate
C. either (A) or (B)
D. None of these
Ans. A
79. In a suit for money a decree is passed by consent whereby the defendant is directed to pay to the plaintiff Rs 35,000. It is further declared by the decree that the plaintiff should have a first charge on certain immovable property belonging to the defendant. Is the plaintiff entitled to have the property sold in execution of the decree without institution a regular suit for sale on the charge?
A. Yes, because there being no mortgage or charge prior to the decree, the decree cannot be said to have been obtained ‘for the payment of money in satisfaction of a claim arising under the mortgage’ within the meaning of O. 34 r 14
B. No, because there being no mortgage or charge prior to the decree, the decree can be said to have been obtained ‘for the payment of money in satisfaction of a claim arising under the mortgage’ within the meaning of O. 34 r 14
C. The immovable property must have been made security for the payment of the money before the decree was obtained, otherwise the provision of this rule do not apply
D. None of these
Ans. A
80. Which of the following deals with service of summons where defendant resides in another State in the Code of Civil Procedure?
A. Section 18
B. Section 28
C. Section 22
D. Section 25
Ans. B
81. Which of the following deals with arrest and detention in the Code of Civil Procedure?
A. Section 55
B. Section 50
C. Section 59
D. Section 54
Ans. A
82. Which of the following deals with applications of sections 85 and 86 to Rulers of former Indian States in the Code of Civil Procedure?
A. Section 87B
B. Section 88A
C. Section 92B
D. Section 82A
Ans. A
83. Which of the following deals with revision in the Code of Civil Procedure?
A. Section 111
B. Section 115
C. Section 108
D. Section 100
Ans. B
84. Probate is defined as:
A. means the copy of a will certified under the seal of a Court of competent jurisdiction with a grant of administration to the estate of the testator
B. the officially verified copy of a will together with the certificate of its having been proved, which is delivered to the executor
C. both (A) and (B)
D. none of them
Ans. C
85. A reference under section 113 of CPC can be made to the:
(a) Court of District Judge
(b) High Court
(c) Supreme Court
(d) all the above.
86. Reference means:
(a) the orders given by the High Court to the courts subordinate to the High Court
(b) the opinion sought of the High Court by the courts subordinate thereto on a question of law
(c) the opinion sought of the High Court by the Courts subordinate thereto on a question of fact
(d) none of the above.
87. Section 44, Indian Evidence Act, states that any judgment, order or decree which is relevant:
A. under Sections 35, 37 and 40, Indian Evidence Act can still be shown by a party to it who was adversely affected by such judgment, decree or order, to have been delivered by the Court not competent to deliver it, or it was obtained by fraud or collusion
B. under Sections 38, 39 and 40, Indian Evidence Act can still be shown by a party to it who was adversely affected by such judgment, decree or order, to have been delivered by the Court not competent to deliver it, or it was obtained by fraud or collusion
C. under Sections 40, 41 and 42, Indian Evidence Act can still be shown by a party to it who was adversely affected by such judgment, decree or order, to have been delivered by the Court not competent to deliver it, or it was obtained by fraud or collusion
D. none of them
Ans. C
88. The application of ‘promissory estoppel’ can be invoked against the Govt. or public authority but subject to which of the following?
I. it cannot be invoked to compel it to act contrary to the obligation or liability imposed by the law
II. being an equitable doctrine, if it is established on the facts and circumstances that it would be inequitable, in the larger public interest, to hold the Govt, or public authority to the promise or representation made by it, it will not be enforced
III. the doctrine cannot be invoked when the representation made by the officer or authority is beyond their powers
IV. the doctrine being an equitable one cannot be invoked, if shown that the representation was obtained by playing fraud, having regard to the fact that fraud vitiates everything
A. I, II, IV
B. III, IV
C. II, III, IV
D. all of them
Ans. D
89. What is prima facie evidence?
I. evidence that will establish a fact or sustain a judgment unless contradictory evidence is produced
II. is such an evidence as in the judgment of the law, is sufficient to establish the fact, and, if not rebutted, remains sufficient for that purpose
III. only means that there is ground for proceeding
IV. is that which suffices for the proof of a particular fact until contradicted and overcome by other evidence
V. it means “evidence sufficient to establish title, unless some person shows a perfect title”
A. I, II
B. III, IV
C. II, III, IV
D. all of them
Ans. D
90. Review of a judgment has been provided:
(a) under section 112 of CPC
(b) under section 114 of CPC
(c) under section 115 of CPC
(d) under section 116 of CPC.
91. The effect of the proviso to Section 50, Indian Evidence Act, in a prosecution under which of the following section of IPC, the factum of marriage cannot be held proved on opinion evidence?
A. Section 494, IPC
B. Section 495, IPC
C. Section 496, IPC
D. Section 497, IPC
Ans. A
92. The grant of probate under the Indian Succession Act (XXXIX of 1925):
A. is not a complete proof of the title of executors and of the genuineness of the will admitted to probate
B. is corroborative proof of the title of executors and of the genuineness of the will admitted to probate
C. is conclusive proof of the title of executors and of the genuineness of the will admitted to probate
D. none of them
Ans. A
93. The plea that a convict, having secured his release upon imposed conditions, cannot turn around and question the validity of conditions, is not tenable in view of which of the following section of Cr. P.C?
A. 421
B. 432
C. 444
D. 445
Ans. B
94. The principle of Section 23, Limitation Act, 1963 also applies to which of the following?
A. To negligent acts of master causing damage to the servant
B. The unskillful conduct of professional men causing damage to those who employ them
C. both (A) and (B)
D. None of these
Ans. (C)
95. The provision of which of the following section of the Indian Evidence Act is based on the cardinal rule that the best available evidence should be brought before the Court?
A. Section 60
B. Section 64
C. Section 91
D. all of them
Ans. D
96. In which of the following cases Section 22, Limitation Act, 1963 has no application?
A. Where the obligation created by the contract is of a recurring nature
B. Where the obligation created by the contract admits of a series of successive breaches
C. both (A) and (B)
D. None of these
Ans. (C)
97. A judgment passed by a court can be reviewed:
(a) by the court passing the judgment
(b) by the court of District Judge
(c) by the High Court
(d) by the Supreme Court.
Ans. (a)
98. Whether it is a continuing offence or not under Section 22, Limitation Act, 1963 is determined from which of the following?
A. From the language of the statute which creates the offence
B. From the nature of the offence
C. From the purpose which is intended to be achieved by constituting a particular act as an offence
D. All of these
Ans. (D)
99. Section 23, Limitation Act, 1963 applies in which of the following cases?
A. Where the act of the defendant itself constitute injury
B. An injury results from the act of the defendant subsequently
C. either (A) or (B)
D. None of these
Ans. (B)
100. The special damage to an individual in the case of a public nuisance must ne of which of the following under Section 23, Limitation Act, 1963?
A. It must be particular
B. It must be direct
C. It must be substantial
D. All of these
Ans. (D)
101. Cases of actionable damage to neighbours caused by the escape of water artificially collected on one’s own lands or by any other act in violation of which of the following maxim also falls within the principle of Section 23, Limitation Act, 1963?
A. nunc pro tunc
B. sic utere tuo ut alienum non laedas
C. ejusdem generis
D. None of these
Ans. (B)
102. Section 24, Limitation Act, 1963 merely provides for working out limitation according to which of the following calendars?
A. Julian calendar
B. Gregorian calendar
C. either (A) or (B)
D. None of these
Ans. (B)
103. Void contract is:
A. A contract which ceases to be enforceable by law but is in effect
B. A contract which ceases to be enforceable by law is no longer enforceable
C. either (A) or (B)
D. None of these
Ans. (B)
104. Torts can be divided into which of the following kinds?
A. Nonfeasance
B. Misfeasance
C. Malfeasance
D. All of these
Ans. (D)
105. A suit to contest an order under Section 144 of the Cr. P.C is a case of continuing wrong within which of the following sections of the Limitation Act, 1963?
A. Section 18
B. Section 19
C. Section 20
D. Section 22
Ans. (D)
106. Voidable contract is:
A. An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others
B. An agreement which is enforceable by law but not at the option of the other or others
C. both (A) and (B)
D. None of these
Ans. (C)
107. What are the conditions for the application of the S. 235 of the Indian Contract Act?
I. the agent has made an untrue representation that he is authorised agent of another (which may also be a representation as to the extent of authority of the agent)
II. the representation relates to fact
III. the third party has been misled or induced to deal with the agent on the faith of such representation
IV. the principal has repudiated or refused to ratify the transaction
V. the third party has suffered a loss in consequence
A. I, II
B. II, IV
C. III, IV
D. All of them
Ans. (D)
108. Where the innocent party elects to terminate the contract and thereby puts an end to the primary obligations of the parties which were remaining unperformed:
A. there is substitution by implication if law for the primary obligations of the party, in default, which remain unperformed, where there is secondary obligation to pay money compensation to the other party for the loss sustained by him in consequence of their non-performance in the future
B. the unperformed primary obligations of that other party are discharged
C. both (A) and (B)
D. None of these
Ans. (C)
109. Which of the following is true about s.3, Specific Relief Act, 1963?
A. It saves any right to relief a person may have under any contract
B. It saves any right to relief a person may have under the operation of the Registration act, 1905 on documents
C. both (A) and (B)
D. None of these
Ans. C
110. Which of the following is true about s. 13, Specific Relief Act, 1963?
A. It confers right upon a purchaser in certain cases where a person has contracted to sell or let immovable property having no title or only an imperfect title
B. It enables the purchaser to have a title bettered by the vendor in the circumstances mentioned in the section
C. both (A) and (B)
D. None of these
Ans. C
111. Where the law is codified, it is of little avail t enquire what is the law apart from such codification. The code itself must be looked to as the guide in the matter. This refers to which of the following cases:
A. Burn & Co. v. McDonald
B. Produce Brokers Co. Ltd. v. Olympia Oil and Cake Co. Ltd.
C. Moult v. Halliday
D. Llyod v. Guibert
Ans. (A)
112. Where the parties are not in pari delicto, the less guilty party may be able to recover money paid or property transferred under the contract. This possibility may arise in which of the following situations?
A. The contract may be of a kind made illegal by a statute in the interests of a particular class of persons of whom the plaintiff is one
B. The plaintiff has been induced to enter into the contract by fraud or strong pressure
C. A person who is under a fiduciary duty to the plaintiff, will not be allowed to retain property or to refuse the account for moneys received, on the ground that the property or the monies have come into his hands as the proceeds of an illegal transaction
D. All of them
Ans. (D)
113. Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may sue the seller for:
A. damages for non-delivery
B. specific performance subject to the provisions of the Specific Relief Act, 1963
C. breach of warranty in which event the buyer may set up against the seller such breach in diminution or extinction of the price or sue the seller for damages for breach of warranty
D. all of them
Ans. (D)
114. Which of the following is true about s. 5 of the Specific Relief Act, 1963?
A. It limits the kinds of suits
B. It lies down that after the expiry of six months, the procedure laid down by the Code of Civil Procedure should be followed
C. either (A) or (B)
D. None of these
Ans. B
115. Which of the following is true about s. 22, Specific Relief Act, 1963?
A. To ask for possession in a suit for specific performance
B. Empowers the Court to provide in the decree itself that upon payment by the plaintiff of the consideration money within the given time, the defendant execute the deed and put the plaintiff in possession
C. Enacts the rule of pleading
D. All of these
Ans. D
116. Which of following is a valid criticism against the criticism against the doctrine of privity?
I. The third party rule prevents effects being given to the intentions of the contracting parties. If the remedy is denied to the third party when the contracting parties intended it to be so, it frustrates their intentions.
II. It causes injustice to the third party who may have relied on the contract to regulate his affairs, and thus, upsets the reasonable expectations of the third party to the benefit under the contract.
III. Such a third party who suffers loss cannot sue, and the promisee who has suffered no loss can.
IV. The third party who suffered loss cannot claim compensation and the promisee not having suffered any loss can claim nominal damage only
V. Even if the promisee were to obtain a satisfactory remedy, he may not be able to, or wish to sue
VI. The third party rule causes difficulties in commercial life, particularly where transaction and projects involve ‘network’ of contracts allocating risks, responsibilities and liabilities between the parties.
A. I, III, V, VI
B. III, IV, VI
C. II, V, VI
D. All of them
Ans. (D)
117. Which of the following is true about s. 16, Specific Relief Act, 1963?
A. Gives grounds to defence based on plaintiff’s conduct
B. The Court has regard to circumstances outside the contract and looks to the conduct of the plaintiff
C. This section imposes personal bar
D. All of these
Ans. D
118. Which of the following is the true test for the validity and enforceability of contract by a minor’s guardian?
A. The competency of the guardian
B. Legal necessity
C. Benefit to the minor’s estate
D. All of these
Ans. D
119. When the last_____ member of the tavazhi dies, the rule of survivorship_____ to operate.
A. Male, continues
B. Male, ceases
C. Female ceases
D. Female continues
Ans. C
120. The interest of the deceased member in the property of a tarwad would now, by operation of the Hindu Succession Act, 1956, devolve under section7 (1) _____________
A. According to Marumakkattayam Law
B. And not according to Marumakkattayam or Nambudri Law
C. According to Nambudri Law
D. According to Marumakkattayam or Nambudri Law as the case may be
Ans. B
121. After passing of the Hindu Succession Act, 1956, the following holds true about the heirs of deceased and the property of tarwad.
A. The heirs of deceased members can form a new tarwad with the rest of its members
B. The heirs of deceased members can form a new tavazhi with the rest of its members
C. The surviving members and the heirs of the deceased members would have no right in the family property
D. The surviving members and the heirs of the deceased members would hold the family properties as tenants- in-common until a partition takes place
Ans. D
122. When a Hindu governed by the Aliyasantana Law dies possessed of a life interest, after his death the property devolves
A. Under the Madras Aliyasantana Act of 1949
B. Under the Hindu Succession Act, 1956
C. Under the Madras Nambudri Act of, 1932
D. Under A and B depending on the circumstances of the case
Ans. B
123. A testator, made a will before the Hindu Succession Act, 1956 came into force, and died after the Hindu Succession Act, 1956 came into force. In his will, he mentioned the words ‘My Heirs’ Which of the following statements will be true?
A. The will was made before the act came into force, so heirs will be as per the law applicable at the time of making of will
B. The Hindu Succession Act, 1956 is retrospective in nature, as such heirs will be determined as per the Hindu Succession Act, 1956
C. As per trite proposition of law, the heirs of a person would have to be determined in accordance with the Hindu Succession Act, 1956
D. It will need to be determined what testator meant by the words ‘my heirs ‘and heirs will need to be determined as such
Ans. C
124. A determination of shares by leaving out shares of daughters________ since the daughters ____________ claim over the property of the father along with their mother and brother.
A. Who are class I heirs would be proper, cannot have
B. Would be improper, cannot be class I heir and as such cannot
C. Who are class I heirs would be improper, as heirs would have
D. None of the above
Ans. C
125. When heirs_________ available in class I, heirs in class II________ succeed to the property of the deceased.
A. Are, depending on case may
B. Are, will not
C. Are not, cannot
D. None of the above
Ans. B
126. Succession to the property of a Hindu dying interstate shall devolve according to Section 5 of the Hindu Succession Act, 1956. This will include___________________
A. Joint property but not self-acquired property
B. Joint property and self-acquired property, but cannot include agricultural property
C. Joint property, but cannot include agricultural property
D. Joint property and self-acquired property
Ans. D
127. Examine the following statements and decide which is not true in case of a person voluntarily acquires the citizenship:
(a) The Central Government is vested with exclusive jurisdiction to determine question of citizenship
(b) The State Government has no jurisdiction to determine question of citizenship.
(c) The Court has jurisdiction to determine question of citizenship.
(d) The State can determine the question when this function is delegated to it by the Central Government.
Ans. (c)