Civil Laws - Parties to Suit and Frame of Suit

Q 1. What is Counter -Claim

Ans: A claim made by the defendant in a suit against the plaintiff is called 'Counter-claim.
Supreme Court of India in Mohinder Singh v.Data Ram observed in a suit the defendant may set up a counter-claim against the plaintiff in order to make the relief sought by him unsuccessful, but such counter-claim can be made only in respect of such a right for which the defendant could file a separate suit.

Q 2. Explain the expression 'Proper Party'

Ans: A party whose presence enable the court to adjudicate the disputed matter more effectively and completely. In other words it can be said that party is said to be a proper party whose presence is not 'must' but his presence helps the court to adjudicate the disputed question more effectively and completely.

Q 3.What is the meaning of Non-Joinder or Misjoinder of Parties.

Ans: When a person, who is necessary or proper party to a suit but did not join as a party to the suit, it is a case of non-joinder of parties. On the other hand, if two or more persons are joined as plaintiffs or defendants in one suit contrary to the provisions of Order 1,Rule 1,who may be as plaintiffs and rule 3, who may be joined as defendants respectively and they are neither necessary nor proper parties, it is a case of mis-joinder of parties.

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The Indian Penal Code

Q 1. Grave and sudden provocation is --

[A] Question of law

[B] Question of fact 

[C] Mixed question of fact and law

[D] A presumption under the law

Ans: [B] Question of fact

Q 2. Culpable homicide has been defined--

[A] Under section 300 of IPC

[B] Under section 302 of IPC 

[C] Under section 303 of IPC

[D] Under section 299 of IPC

Ans:  [D] Under section 299 of IPC

Q 3. Culpable homicide  is not murder,  if it is committed under--

[A] Grave and sudden provocation

[B] Self-intoxication

[C] Irresistible impulse

[D] All of these

Ans:  [A] Grave and sudden provocation.

Q 4. Murder is defined as 

[A] An act by which the death is caused, must have been done with the intention of causing such bodily injury as is likely to cause death 

[B] An act by which the death is caused, is done with the knowledge that he is likely to cause death by his act

[C] An act by which the death is caused, with the intention of causing of such bodily injury as the offender knows which is likely to cause death of the person to whom the injury  is caused

[D] All of these

Ans : [C] An act by which the death is caused, with the intention of causing of such bodily injury as the offender knows which is likely to cause death of the person to whom the injury  is caused

Q 5. Murder has been defined-

[A] Under section 299 of IPC

[B] Under section 302 of IPC

[C] Under section 300 of IPC

[D] Under section 301 of IPC

Ans: [C] Under section 300 of IPC

Q 6. 'A' with intention of murdering 'B', instigates C, a child below 7 years, to do an act which causes B's death. C in the absence of 'A'  in consequence of abetment does the act and thereby causes B's death. Now

[A] C is liable for murder and A is liable for abetment 

[B] C is not liable for murder being wholly incapax, but 'A'  is liable for abetment

[C] A and C both are liable under section 302

[D] A and C both are liable for conspiracy to murder of C

Ans: [B] C is not liable for murder being wholly incapax, but 'A'  is liable for abetment

Q 7. Culpable homicide not amounting to murder is punishable with 

[A] Imprisonment for life 

[B] Imprisonment for life or imprisonment for ten  years

[C] Imprisonment for ten years

[D] Death

Ans: [B] Imprisonment for life or imprisonment for ten  years

Q 8. Culpable homicide is causing death-

[A] With the intention of causing death 

[B] With the intention of causing such bodily enjury as is likely to cause death

[C] With the knowledge that by such act death is likely to be caused

[D] All of above.

Ans: [D] All of above.

Q 9. Grievous hurt has been defined under

[A] Under section 300 of IPC

[B] Under section 303 of IPC

[C] Under section 304 of IPC

[D] Under section 320  of IPC

Ans: [D] Under section 320  of IPC

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The Code of Civil Procedure, 1908

Q 1.  Whether an issue heard and finally decided by a competent court of limited jurisdiction shall

operate as res judicata in a subsequent suit, that the aforesaid court was not competent to try :-

[A] No

[B] Yes

[C] Answer shall depend upon the nature of the issue

[D] None of the above

Ans:- [B] Yes

Q .2 An immovable property held by 'Y' is situated at Bhopal and the wrongdoer personally works for gain at Indore A suit to obtain compensation for wrong to the property may be instituted:-

[A] At Bhopal

[B] At Indore

[C] Either at Bhopal or at Indore

[D] None of these

Ans:- [C] Either at Bhopal or at Indore

Q 3. Where the liability in relation to sum adjudged has not arisen out of a commercial transaction, the maximum yearly rate of interest awardable under section 34(1) of the C.P.C. from the date of decree for payment of money to date of payment is :-

[A] 12%

[B] 18%

[C] 10%

[D]  6%

Ans:- [D]  6% 

Q 4. Where the decree is for the partition of an undivided estate assessed to the payment of revenue to the government the partition of the estate in accordance with the law for the time being in force, shall be made by :-

[A] The Naib Tahsildar

[ B] The Nazir

[ C] The collector

[D]  The commissioner appointed by the court

Ans;- [ C] The collector

Q 5.  In execution of a decree other than a decree for maintenance passed against A what shall be the attachable portion, if his salary is Rs. 700 per month:-

[A] Rs. 300

[B] Rs. 100

[C] Rs. 600

[D] Rs. 350

Ans:- [B] Rs. 100

Q 6.  In a suit, which relates to a railway, the authority to be named as plaintiff  or defendant shall be:-

[A] The General manager of the railway

[B]  A secretary to the central government

[C] The collector of the District

[D] The Union of India

Ans;- [A] The General manager of the railway

Q 7.  In the case of a Public nuisance a suit for declaration and injunction may be instituted by :-

[A] Two persons with the leave of the court.

[B]  Two persons having obtained oral consent of the Advocate General

[C]  Two persons having obtained the written consent of the Advocate general

[D]  Two persons to whom no special damage has been caused by person of such public nuisance

Ans :- [A] Two persons with the leave of the court.

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Evidence Act. 1872. [Estoppel]

1. Rule of estoppel is contained under section
[A] Section 113
[B] Section 112
[C] Section 115
[D] Section 116

Ans: [C] Section 115

2. Make correct statement--
[A] The doctrine of estoppel is applied only in civil matters
[B] The doctrine of estoppel is applied only in criminal matters
[C] The doctrine of estopple is applied in civil and criminal matters
[D] All above statements are incorrect

Ans: [A] The doctrine of estoppel is applied only in civil matters

3. Which of the following statement is correct ?
[A] Estoppel is not a rule of evidence
[B] Estoppel from record constitutes bar of res judicata
[C] There can not be estoppel when truth of matter is known to both parties
[D] There can be estoppel on point of law

Ans: [B] Estoppel from record constitutes bar of res judicata

4. Estoppel can be--
[A] Made by statement
[B] Made by election
[C] Made by silence
[D] All of above

Ans: [D] All of above

5. Against which there is no estoppel--
[A] Estoppel against statue
[B] Estoppel against law
[C] Estoppel against sovereign acts
[D] All of above

Ans: [D] All of above

6. Kind of estoppel are--
[A] Estoppel by record
[B] Estoppel by deed
[C] [A] and [B]
[D] None of above

Ans: [C] [A] and [B]

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Indian Penal Code

Section 1. This Act shall be called the Indian Penal Code,and shall extend to the whole of India except the State of Jammu and Kashmir.

Section 2. Every person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within India.

Section 3. Any person liable ,by any Indian law ,to be tried for an offence committed beyond India shall be dealt with according to the provisions of this Code for any act committed beyond India in the same manner as if such act had been committed within India.

Section 4. The provisions of this Code apply also to any offence committed by---
(1) any citizen of India in any place without and beyond India;
(2) any person on any ship or aircraft registered in India wherever it may be

Explanation - In this section the word "offence" includes every act committed outside India which, if committed in India, would be punishable under this Code

Man - The word "man" denotes a male human being of any age.
Woman- The word "woman" denotes a female human being of any age.
Person- The word "person" includes any Company or Association or body of persons, whether incorporated or not.

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Definition of 'State' in light of Indian Constitution

1.Which of the following are not State
[A] Indian Statistical Institute
[B] Institute of Constitution and Parliamentary Affairs
[C] Council of Scientific and Industrial Research
[D] Prathama Bank

Ans: [B] Institute of Constitution and Parliamentary Affairs

2. For the purpose of fundamental rights an authority must come within the definition of 'State' Which of the following are not State
[A] NCERT
[B] ONGC
[C] Bihar Legislative Assembly
[D] West Bengal Legislative Assembly

Ans: [A] NCERT

3. Which of the following is not State for the purpose of Article 12 of the Constitution
[A] A Nationalised Bank
[B] ONGC
[C] NCERT
[D] Univerrsity

Ans:[C] NCERT

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Fundamental Rights - Constitution of India

1.The Fundamental rights secured to the individual are.
[A] Meant to protect persons against the conduct of private persons
[B] Meant to protect persons against the police action
[C] limited to the State action only
[D] All of the above are correct

Ans: [C] limited to the State action only

2.Which of the following are included in the concept of 'State' under Article 12
[A] University
[B] Judiciary
[C] Railway Board
[D] All of the above

Ans: [D] All of the above

3. Article 12 of the Constitution defines 'State' for the purpose of enforcement of fundamental rights. Against which of the following writs cannot be issued for the enforcement.
[A] Income Tax Tribunal
[B] High Court
[C] Port Trust
[D] Patna Municipal Corporation

Ans: [B] High Court.

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Citizenship - Constitution of India

1. The expression 'every person' in Article 5 includes--
[A] Member of armed forces
[B] A prisoner
[C] Persons living within the territory of India
[D] All of the above

Ans: [D] All of the above

2. Under the Indian Constitution it was in the case Pradeep V/s. Union of India.
[A] There are two domicile of the Union as well as of the State
[B] There is only one domicile of the country
[C] In case of Jammu & Kashmir, there are two domicile one of the State
[D] Both [A] & [C]

Ans: [B] There is only one domicile of the country

3. Article 6 enshrines the provision conferring Rights of citizenship of certain person who have migrated to India from Pakistan. Which one of the following provision is incorrect.
[A] Such person has so migrated before 19 July, 1948.
[B] Such person has so migrated on or after the 19 July,1948, he has been. registered as a citizen.
[C] He or either of his parents or any of his grand-parents was born in India as defined in the Government of India Act,1935.
[D] Such person has got married in India.

Ans: [D] Such person has got married in India.

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Constitutional Law

1. Under  Article 11 of the Constitution of India the Parliament passed the Citizenship  Amendment Act, 2003 [assented in January 2004] which provides the overseas citizenship to the People of Indian Origin in.

[A] 10 specified countries 

[B] 12 specified countries 

[C] 16 specified countries 

[D]18 specified countries

Answer: [C] 16 specified countries

2. Which of the following Articles describe about the person voluntarily acquiring citizenship of a foreign state not to be citizens

(a) Article 5

(b) Article 7

(c) Article 8

(d) Article 9

Answer: [d] Article 9

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Problem: Under Indian Contract Act 1872

Question 1: Over a cup of coffee at a restaurant, 'A' invites 'B' to a dinner at his house on a Sunday 'B' hires a taxi and reaches A's house at the appointed time, but 'A' fails to perform his promise. 'B' sues 'A' for damages for breach of contract. Would 'B' succeed?

Answer: One of the essential elements of contract is that the parties must intend to create a legal relation. In this problem invitation by 'A' to 'B' for dinner has not been given with an intention to create any legal relation but to create only social relations. Intention to create social or moral relations or obligation does not give rise to a valid agreement [contract].Thus in this problem there is no contract between 'A' and 'B'. Hence, no question of breach arises and if there is no question of breach of contract, no question of damages for breach of contract arises and 'B' Would not succeed in this case.

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Warrant of Arrest

Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court. Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is execute.

1.Under which section of Cr.P.C. a person who is avoiding execution of a warrant may be proclaimed ?
[A] Section 82
[B] Section 83
[C] Section 86
[D] Section 81

Ans: [A] Section 82

2.Under which section of the Code of Criminal Procedure a proclamation for the person absconding may be issued ?
[A] Section 79
[B] Section 81
[C] Section 84
[D] Section 82

Ans: [D] Section 82

3.Endorsement on the warrant under section 71 shall state---
[A] The amount for which they are respectively bound
[B] The number of sureties
[C] The time at which he is to be appear in the Court
[D] All the above

Ans: [D] All the above

4. A Warrant may be executed----
[A] In the state
[B] Within the territories of the police station
[C] At any place in India
[D] In the jurisdiction of the Court

Ans: [C] At any place in India

5. A warrant of arrest may be executed at any place in India is provided under section---
[A] Section 75
[B] Section 47
[C] Section 76
[D] Section 77

Ans: Section 77

6.Under which section Arrested person to be brought before Court without delay [within 24 hour,] is provided ?
[A] Section 76
[B] Section 78
[C] Section 77
[D] Section 79

Ans: [C] Section 77

7.Warrant of arrest may be directed to any person by C.J.M / Magistrate,it is provided under---
[A] Section 78
[B] Section 76
[C] Section 77
[D] Section 73

Ans: [D] Section 73

8.When a warrant is directed to more officers or persons than one, it may be executed---
[A] By all
[B] By more of them
[C] By any one
[D] All the above

Ans: [D] All the above

9. A warrant of arrest shall ordinarily be directed to[ under section 72]----
[A] A constable
[B] One police officer
[C] One or more police officer
[D] None of these

Ans: [C] One or more police officer

10.According to section 73, the C.J.M. or a 1st class Magistrate may direct a warrant to any person within his local jurisdiction for the arrest of----
[A] Any proclaimed offender who is evading arrest
[B] Any escaped convict and is evading arrest
[C] Any person who is accused of a non-bailable offence and is evading arrest
[D] All of these

Ans : [D] All of these

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Summons

Every summons issued by a Court under this code shall be in writing, in duplicate, signed by the presiding officer of such Court or by such other officer as the High Court may, from time to time, by rule direct, and shall bear the seal of the Court.

1. How are summons served?
[A] By an authorised public servent
[B] By a police officer
[C] BY an officer in court
[D] By any of above

Ans: [D] By any of above

2. How are summons serviced on corporate bodies and societies ?
[A] By serving it on the secretary
[B] By serving it on local manager
[C] By serving it on other principal officer of the corporation
[D] By any one of the above

Ans: [D] By any one of the above

3. Under which section of Cr. P. C. the provisions regarding service of summons on corporate bodies and societies are mentioned ?
[A] Section 63
[B] Section 62
[C] Section 45
[D] Section 67

Ans: [A] Section 63

4 The provisions regarding the service of summons on witness by post are incorporated under----
[A] Section 64
[B] Section 65
[C] Section 69
[D] Section 67

Ans: [C] Section 69

5.The provisions regarding the service of summons when person summoned cannot be found are incorporated under---
[A] Section 56
[B] Section 65
[C] Section 64
[D] Section 61

Ans:[C] Section 64

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Provisions for Arrest

1. According to which section a person can arrest on refusal to give name and evidence?
[A] Section 39
[B] Section 40
[C] Section 41
[D] Section 42

Ans: [D] Section 42
2. Under which section arrested person be searched ?
[A] Section 45
[B] Section 51
[C] Section 53
[D] Section 52

Ans: [B] Section 51

3. Under which section person arrested to be informed of ground of arrest and of right to bail ?
[A] Section 50
[B] Section 52
[C] Section 53
[D] Section 54

Ans: [A] Section 50

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Arrest of Persons

1. A private person may arrest any person who---
[A] Is reported to be a criminal
[B] In his presence commits a bailable offence
[C] In his presence commits a non-cognizable offence
[D] In his presence commits a cognizable and non-bailable offence

Ans: [D] In his presence commits a cognizable and non-bailable offence

2. A person arrested by a police officer may be kept in custody for---
[A] Two days
[B] Five days
[C] Twenty four hours
[D] Seven days

Ans: [C] Twenty four hours

3. Who can arrest without warrant ?
[A] By Police
[B] By Public
[C] By Magistrate
[D] All the above

Ans: [D] All the above

4. Under which section a private person can arrest ?
[A] Section 41
[B] Section 42
[C] Section 43
[D] Section 44

Ans:[C] Section 43

5. Under which section a Magistrate can arrest
[A] Section 41
[B] Section 42
[C] Section 43
[D] Section 44

Ans: [D] Section 44

6.Under which section Police officer can arrest without warrant ?
[A] Section 41
[B] Section 42
[C] Section 43
[D] Section 44

Ans: [A] Section 41

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Power of Courts

1. Which of the following sentences may be passed by a Magistrate of second class?
[A] Imprisonment for a term not exceeding two years
[B] Imprisonment for a term not exceeding six month
[C] Imprisonment for a term not exceeding one year
[D] Only a fine not exceeding five thousand rupees

Ans: [C] Imprisonment for a term not exceeding one year

2. An order of life imprisonment may be passed by---
[A] A Sessions Judge
[B] A Chief Judicial Magistrate
[C] Any Magistrate of first class
[D] A Metropolitan Magistrate

Ans: [A] A Sessions Judge

3.The Chief Judicial Magistrate may pass a----
[A] Sentence for life imprisonment
[B] Death sentence
[C] Sentence of imprisonment exceeding seven years
[D] Sentence of imprisonment not exceeding seven years

Ans:[D] Sentence of imprisonment not exceeding seven years

4.The Court of a Magistrate of first class may pass a sentence of imprisonment for a term not exceeding----
[A] One year
[B] Two years
[C] Three years
[D] Four years

Ans:[C] Three years

5.The Court of a Magistrate of second class may pass a sentence of fine not exceeding rupees---
[A] Two thousand
[B] Three thousand
[C] Five thousand
[D] Ten thousand

Ans: [C] Five thousand

6. Second class Magistrate can pass sentence upto---
[A] One year
[B] Two years
[C] Three years
[D] Four years

Ans: [A] One year

7.High Court may pass sentence under sec 28 of Cr.P.C--
[A] Sentence upto Five years
[B] Sentence upto Ten years
[C] Sentence upto Seven years
[D] Any sentence authorised by law

Ans: [D] Any sentence authorised by law

8 What sentence an Assistant Session Judge may award ?
[A] Life imprisonment
[B] Upto fourteen years
[C] Upto twenty years
[D] Any sentence authorised by law except sentence of death or imprisonment for life or of imprisonment for a term exceeding ten years

Ans: [D] Any sentence authorised by law except sentence of death or imprisonment for life or of imprisonment for a term exceeding ten years

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The Code Of Criminal Procedure, 1973

1. When Criminal Procedure code, 1973 came into force?
[A] On January 1, 1974
[B] On March 1, 1974
[C] On June 1, 1973
[D] On April 1, 1974

Ans: [D] On April 1, 1974

2. Purpose of investigation is?
[A] To punish accused
[B] To arrest accused
[C] To start inquiry
[D] To collect evidence against accused

Ans: [D] To collect evidence against accused

3. In a cognizable offence a police officer---
[A] Cannot arrest an accused without warrant
[B] May arrest an accused without warrant
[C] Can keep accused in police custody with out a remand order
[D] Is not required to produce accused before Magistrate

Ans: [B] May arrest an accused without warrant

4. The Central Government or the State Government may appoint for case or a class of cases a person who has been practicing as an advocate for not less then----
[A] Six
[B] Eight
[C] Seven
[D]Ten
years as a specia Public Prosecutor.

Ans: [D]Ten

5.A person shall be eligible to be appointed as additionl public prosecutor only if he has been in practice as an advocate for not less than---
[A] Six
[B] Seven
[D] Eight
[E] Five

Ans: [B] Seven

6.No person shall be appointed as a public prosecutor for a district unless his name appears in panel of names prepared by---
[A] Session Judge
[B] High Court
[C] District Magistrate
[D] Superintendent of Police

Ans: [C] District Magistrate

7.Which one of the following proceeding is known as judicial proceeding----
[A] Investigation
[B] Inquiry and Investigation
[C] Inquiry and Trial
[D] Trial and investigation

Ans: [C]Inquiry and Trial

8. Which section defines SpecialJudicial Magistrate:---
[A] Section 12
[B] Section 13
[C] Section 15
[D] Section 18

Ans: [B] Section 13

9. Who appoints an Executive Magistrate----
[A] Chief Minister
[B] State Public Service Commission
[C] State Government
[D] High Court

Ans; [C] Sate Government

10. Who may establish directorate of prosecution----
[A] State Government
[B] Central Government
[C] Chief Minister
[D] None of These

Ans:[A] State Government

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Welcome to Judicial Services

Today in modern age competitions are changing their fundamental pattern; the foundation of judicial services.org is to provide easy and reach access of resources, information, guidance etc. to judicial services aspirants.

Judicial services are very prestigious and lucrative jobs and they have been kept on the highest pedestal in our democratic set up of  the polity. Our nation has only 10 judges over the population ratio of 10 lakhs very less in caparison to USA where ration of judges and population is 125:100000. There is very legal infrastructure in the country. There is dearth of competent judges from lower judiciary to the Highest judiciary apart from lack of burgeoning number of judges. One thing is very noticeable that a number of law students are aspiring to start their career in Judicial services but due to lack of proper and sufficient legal resources students are not performing best in the judicial services competitive exams at various level in the country. Efforts are going on for All India Juicial Services under Article 312 of Constitution of India. 

This blog is meant for providing all   important and relevant materials for comfortable preparation of the Judicial services Competitive Exams.This is first of this kind.I hope aspirant visitors shall get benefit from my efforts.

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