Questions Asked in Judiciary Service Prelim Test

1. The name of first Woman Chief Justice of High Court in India is—
(a) Leila Seth
(b) Leila Mukherjee
(c) Lalita Basu
(d) Sarojini Naidu
(Uttarakhand PCS Civil judge (Pre.) exam 2008)

Answer:- (a) Leila Seth

2. Which one of the following High Courts have the jurisdiction over larges tnumber of states in India?
(a) Calcutta High Court
(b) Bombay High Court
(c) Guwahati High Court
(d) Madras High Court
(Uttarakhand PCS Civil judge (Pre.) exam 2008)

Answer:- (c) Guwahati High Court

3. Which one of the following Articles of the Constitution of India relates to untouchability ?
(a) Art. 17
(b) Art. 18
(c) Art. 23
(d) Art. 24

Answer:- (a) Art. 17

4. Sunni Muslims consider ‘Muta Marriage’ as—
(a) Void
(b) Voidable
(c) Valid
(d) Invalid

Answer:- (a) Void

5. The transfer of the company’s Government to British Crown was done on—
(a) 1st October, 1857
(b) 1st October, 1858
(c) 1st October, 1859
(d) 1st October, 1860

Answer:- (b) 1st October, 1858

6. Q.Which one of the following is not listed as a source of International Law in the statute of International Court of Justice ?
(a) Treaties
(b) Custom
(c) Precedent
(d) None of the above

Answer:- (d) None of the above [These all are listed as a source of International law in Article 38(i) of Statute of International Court of Justice.]

7. A person shall be deemed to be dead if he remained unheard for—
(a) 5 years
(b) 7 years
(c) 10 years
(d) 12 years

Answer:- (b) 7 years

8. Q.If a Hindu male of 30 years of age adopts a female child of 15 years of age, this adoption is—
(a) Valid
(b) Void
(c) Viodable
(d) Irregular

Answer:- (B) Void [The age difference must be 21 year, if they have opposite sex]

9. How many Schedules are there in the Indian Constitution at pre­sent?
(a) 9
(b) 10
(c) 11
(d) 12

Answer:- (d) 12

10. Under Hindu Law an unmarried woman adopts a child, later on she marries a man. This man shall be deemed to be the—
(A) Natural father of her child
(B) Adopted father of her child
(C) Step father of her child
(D) None of the above

Answer:- (C) Step father of her child

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MCQ for Law Students

1. Which of the following protects personal freedom?
(a) Quo-warranto
(b) Mandamus
(c) Habeas Corpus
(d) Certiorari

Answer:- (c) Habeas Corpus

2. During service of summons defendant was found absent from his residence & within reasonable time no chance to get back at his residence, service of the summons may be made on :-
(a) On servant
(b) Minor daughter
(c) Adult Son
(d) Munim

Answer:- (c) Adult Son

3. Who administers oath to the Governor of a State?
(a) President of India
(b) Chief Justice of the State High Court
(c) Advocate General of the State
(d) None of the Above

Answer:- (b) Chief Justice of the State High Court

4. What is fact in issue ?
(a) facts involved indirectly
(b) Necessary facts to arrive or determine
(c) Both
(d) None

Answer:- (b) Necessary facts to arrive or determine

5. Wajib-ul-arz of a village is maintained by the-
(a) Patwari
(b) Kotwar
(c) Sub-Divisional Officer
(d) Tahsildar

Answer: (c) Sub-Divisional Officer

6. Preamble of the Constitution declares India as-
(a) A Socialist Democratic Republic
(b) A Sovereign Socialist Secular Democratic Republic
(c) A Sovereign Democratic Republic
(d) A None of the above

Answer:- (b) A Sovereign Socialist Secular Democratic Republic

7. In which Article of the Constitution, the eligibility for re-election of the President is given?
(a) Article-57
(b) Article-58
(c) Article-59
(d) Article-60

Answer:- (a) Article-57

8. India’s biggest Botanical garden is located at :
(a) Chennai
(b) Bangalore
(c) Jammu
(d) Kolkata
(M.P. Civil Judge Exam. -2007)

Answer:- (d) Kolkata

9. Who amongst the following is not appointed by the President ?
(a) Attorney General
(b) Advocate General
(c) Chief Justice of India
(d) Chief Election Commis­sioner
(Uttarakhand PCS Civil judge (Pre.) exam 2008)

Answer:- (b) Advocate General

10. The concept of Judicial Review in India has been taken from the Constitution of—
(a) Britain
(b) France
(c) U.S.A.
(d) Switzerland
(Uttarakhand PCS Civil judge (Pre.) exam 2008)

Answer:- (c) U.S.A.

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Objective Questions asked in Judiciary Services Exams

1. In respect of which of the following matters jurisdiction of the civil court is not excluded:-
(a) Ejectment of a Government lessee
(b) Restoration of Possession to an occupancy tenant
(c) Any Claim to modify any entry in the Nistar Partak
(d) Partition of holding

Answer:- (d) Partition of holding

2. With reference to an application for partion of holding if any question of title is raised the Tahsildar:-
(a) Shall stay his proceedings till the decision of the civil court
(b) Shall drop his proceedings
(c) Stay his proceedings for a period of three months
(d) Continue with his proceedings till they are stayed by the civil court

Answer:- (c) Stay his proceedings for a period of three months

3. For recovery of Arrears of land revenue the following shall not be attached and sold:-
(a) Cooking vessels of the defaulter
(b) Less than six hectares of land held by the defaulter in any Scheduled area
(c) If the defaulter is an agriculturist implements ofhus-bandry driven by mechanical power
(d) Tools of artisans

Answer:- (c) If the defaulter is an agriculturist implements ofhus-bandry driven by mechanical power

4. The Transfer of Property Act, 1882 covers-
(a) Movable Property
(b) Immovable Property
(c) None
(d) (A) and (B) both

Answer:- (d) (A) and (B) both

5. A person instituting a suit in 'form of a pauper' is known as
(a) Intelligent person
(b) Juristic person
(c) First person
(d) Indigent person

Answer:- (d) Indigent person

6. “Article 2l-A—Right to education to all children of the age of six to fourteen years” has been inserted in the Constitution by—
(a) The Constitution (43rd Amendment) Act, 1977
(b) The Constitution (86th Amendment) Act, 2002
(c) The Constitution (70th Amendment) Act,1992
(d) The Constitution (74th Amendment) Act, 1992

Answer:- (b) The Constitution (86th Amendment) Act, 2002

7. Which of the following act cannot form ground of eviction of the tenant?
(a) Nuisance
(b) Disclaimer of the title of the landlord
(c) Material structural alteration
(d) Holding over

Answer:- (d) Holding over

8. Who was the first Secretary General of the United Nations?
(a) Trigve Lie
(b) Kurt Waldheim
(c) U. Thant
(d) None of the above

Answer:- (a) Trigve Lie

9. Power granted to a Court under Section 151 of the Code of Civil Procedure is known as-
(a) Inherent power
(b) Appellate power
(c) Revisional power
(d) Reviewing power

Answer:- (a) Inherent power

10. A certified copy of reg. sale deed produced in evidence:-
(a) will be proof of execution of d original &its registration
(b) will be proof of execution only
(c) will be merely proof of fact that an original doc. was reg
(d) will nt prov anything in absence of original

Answer:- (c) will be merely proof of fact that an original doc. was reg

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Judiciary Preliminary Exams Quiz

1. Right to private defence of the body extends to voluntarily causing death if the offence which occassions the exercise of right:-
(a) Reasonably causes apprehension that death will be caused
(b) Reasonably causes apprehension that simple injury will be caused
(c) Is of escaping with stolen property immediately after the theft
(d) Is of arresting a person who is running a way after having committed an offence of voluntarily causing hurt

Answer:- (a) Reasonably causes apprehension that death will be caused

2. Where the liability in relation to sum adjudged has not arisen out of a commercial transaction, the maximum yearly rate of interest award-able 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%

Answer:- (d) 6%

3. 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

Answer:- (d) The union of India

4. Where in a suit the defendant is absent from his residence and there is no likehood of his being found at the residence within a reasonalbe within a reasonable time, service of the summons may be made on :-
(a) Servant
(b) Minor son
(c) Adult daughter
(d) Munim

Answer:- (c) Adult daughter

5. In which of the following cases can C set off the claim:-
(a) A sues C on a bill of exchange C alleges that A has wrongfully neglecte to insure C's goods and is liable to pay in compensation
(b) A sues B and C for Rs. 1000 The debt is due to C by A alone by A
(c) A and B sues C for Rs. 1000 The debt is.due of C by A alone
(d) A sues C on bill of exchange for Rs. 500 C holds a judgment against A for recovery of debt or Rs. 1000

Answer:- (d) A sues C on bill of exchange for Rs. 500 C holds a judgment against A for recovery of debt or Rs. 1000

6. Whether an issue heard and finally decided by a competent court of limited jurisdiction shall operate as res judi-cata in a subsequent suit, that the aforesaid court was not competent of try :-
(a) No
(b) Yes
(c) Answer would depend upon the nature of the issue
(d) None of the above

Answer:- (b) Yes

7. In the case of a Public nui- sance 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 person to whom no special damage has been caused by person of such public nuisance

Answer:- (a) Two persons with the leave of the court

8. Under the provisions of section 29 of the Transfer of Property Act, 1882 an ulterior disposition of the kind contemplated in the provision of section 28 can not take effect unless:
(a) condition is strictly fulfilled
(b) condition is not fulfilled
(c) only (b) is correct
(d) none of the above.

Answer:- (a) condition is strictly fulfilled

9. 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

Answer:- (c) The Collector

10. If a Bhumi-swami belonging to an aboriginal tribe is dispossed of the land otherwise than in due course of law he may apply for reinstatement within:-
(a) Two months
(b) Two years
(c) Five years
(d) Seven years

Previous Answer:- (c) Five years

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MCQs from Judiciary Exams

1. 'A' finds the key to Y's house door, which 'Y' had lost and commits house trespass by entering Y's house having opened the door with that key. What offence has A committed :-
(a) Lurking house trespass
(b) Criminal misappropriation
(c) Attempt to commit theft
(d) House breaking

Answer:- (d) House breaking

2. Warrant case means a case:-
(a) In which a police officer arrest without warrant
(b) In which the court in the first instance, shall issue a warrant of arrest against the accused
(c) Relating to an offence punishable with imprisonment for a term not exceeding two years
(d) Relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years

Answer:- (d) Relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years

3. In Rex Vs. Govinda the points of distincion between the provisions of the following sections of the I.P.C. were explained :-
(a) 34 and 149
(b) 302 and 304
(c) 299 and 300
(d) 403 and 405

Answer:- (c) 299 and 300

4. 'A' instigates 'B' to instigate 'C' to murder 'Z', 'B' accordingly instigates 'C' to murder 'Z' and 'C' Commits that offence in consequence of 'B's instigation 'A' is:-
(a) Not guilty of any offence
(b) Not guilty of abetting murder
(c) Guilty of abetment by conspiracy
(d) Guilty of abetting murder

Answer:- (d) Guilty of abetting murder

5. 'X' armed with a loaded pistol and Y empty handed go to Z' shop in furtherance of their common intention to commit robbery, X enters the shop and on being resisted in carrying away property shoots Z with pistol Z dies at once. For what acts of X, Y is liable
(a) Dacoity with murder
(b) Extortion and culpable homicide not amounting to murder
(c) Attempt to commit robbery when armed with deadly weapon
(d) Robbery and murder

Answer:- (d) Robbery and murder

6. The court may by order appoint a receiver of any property before decree:-
(a) Where it appears to the court to be just and convenient
(b) Where the suit property is in danger of being wrongfully sold in execution of a decree
(c) Where the defendant is about to dispose of the whole or any part of his property
(d) Where the defendant has absconded the local limits of the jurisdiction of the court

Answer:- (a) Where it appears to the court to be just and convenient

7. 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

Answer:- (c) Either at Bhopal or at Indore

8. The Court shall reject an application to sue as an indigent person:-
(a) Where is contains the particulars required in regard to plaint
(b) Where it is presented to be court by the applicant in person
(c) Where applicant allegation show a cause of action
(d) Where any other person has entered into an agreement with the applicant to finance the litigation


Answer:- (d) Where any other person has entered into an agreement with the applicant to finance the litigation

9. 4A' a blacksmith, is seized by a gang of dacoits and forced by threat of instant death to take his tools and to force the door of B's house. The dacoits ten in number ,loot B's money and jewels and kill B's son 4A':-
(a) Is guilty of dacoity with murder
(b) Is guilty of house breaking and abetment of decoiry
(c) Is not guilty of any offence
(d) Is guilty of making preparation to commit dacoity

Answer:- (c) Is not guilty of any offence

10. Where the appellant has withdrawn the appeal preferred against a decree passed exparte the application under order 9 Rule 13 shall be:-
(a) Rejected
(b) Returned
(c) Maintainable
(d) Referred for opinion to the Appellate Court

Answer:- (c) Maintainable

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Judicial Services Quiz

1. 'A' by putting 'Z' in fear of grievous hurt dishonestly induces 'Z' to sign or affix his seal to a blank paper and deliver it to 'A'. 'Z' sign and delivers the paper to 'A'. 'A' is guilty:-
(a) If forgery
(b) Of robbery
(c) Of extortion
(d) Of cheating

Answer:- (c) Of extortion

2. X finds a Government promissory note belonging to C bearing a blank endorsement X knowing that the note belongs to C pledged it with a banker as a security for loan intending to restore it? C within a week. X :-
(a) Is not guilty of any offence
(b) Is guilty of criminal breach of trust
(c) Is guilty of cheating
(d) Is guilty of criminal misappropriation

Answer:- (d) Is guilty of criminal misappropriation

3. Sec 41 of CrPC, the power of police to arrest a person:-
(a) covers all cases
(b) is limited to cases of mere suspicion
(c) is confined to cases of reasonable suspicion
(d) does not cover cases of army deserters

Answer:-

4. An order passed under section 151 C.P.C. is :-
(a) Appealable
(b) Revisable
(c) Not liable to be interfered with
(d) Not reviewable

Answer:- (b) Revisable

5. 'A' and 'B' who are cadets in the indian Air force take out from the jodhpur aerodrome an aircraft, without the authourity of the commandant and fly it away to Pakistan what offence has been committed by them :-
(a) Theft
(b) Criminal breach of trust
(c) Criminal mis-appropriation
(d) Sedition

Answer:- (a) Theft

6. An agreement to refer the dispute to the arbitrator is valid:-
(a) in respect of disputes already arisen
(b) in respect of disputes which may arise in future
(c) both (a) & (b)
(d) neither (a) nor (b)

Answer:- (c) both (a) & (b)

7. 'A' without Z's consent and with intent to cause injury fear or annoyance to 'Z' incites a dog to spring upon 'Z' what offence has been committed by 'A' :-
(a) Assault
(b) Mischief
(c) Negligent conduct with respect to animal
(d) Use of criminal force

Answer:- (d) Use of criminal force

8. A an Indian citizen commits adultery in England, which is not an offence in the country The alleged offence can be tried by :-
(a) The court within whose local jurisdiction the adultery was committed
(b) The court of Judicial Magistrate first class situated at any place in india at which he may be found
(c) International court of Justice
(d) The supreme court of India

Answer:- (b) The court of Judicial Magistrate first class situated at any place in india at which he may be found

9. No wife shall be entitled to receive maintenance from her husband under S 125 Cr.P.C. if:-
(a) She has obtained a divorce from her husband and has not remarried
(b) She is unable to maintain hereself
(c) She refused to live with her husband on the ground that he keeps a mistress
(d) She is living in adultery

Answer:- (d) She is living in adultery

10. A district magistrate or a sub-divisional magistrate may prevent environemental pollution under this provision of CnP.C.
(a) S. 151
(b) S. 133
(c) S. 107
(d) S. 145

Answer:- (b) S. 133

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Questions Asked in Judiciary Exams

1. If it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session he under section 202 Cr.P.C. postponing the issue of process against the accused:-
(a) Shall commit the case to the court of Session
(b) May direct an investigation to be made by a police officer
(c) Shall call upon the complainant to produce all his witness and examine them on oath
(d) Shall return the complaint for presentation to produce before the Court of Session

Answer:- (c) Shall call upon the complainant to produce all his witness and examine them on oath

2. An agreement to share the benefits of public office is-
(A) Valid
(B) Voidable
(C) Void
(D) None of the above

Answer:- (C) Void

3. A Chief Judicial Magistrate may pass a sentence of :-
(a) Imprisonment for a term not exceeding three years or of fine not exceeding five thousand rupees or of both
(b) Imprisonment for a term not exceeding three years or of fine not exceeding ten thousand rupees or of both
(c) Imprisonment for a term not exceeding seven years or of fine not exceeding to any amount or both
(d) Imprisonment for a term not exceeding seven years or of fine not exceeding one lakh rupees or of both

Answer:- (c) Imprisonment for a term not exceeding seven years or of fine not exceeding to any amount or both

4. Lawyers are officers of the Court and are constituted into an independent profession under the-
(a) Constitution of India
(b) Advocates Act, 1931
(c) Advocates Act, 1951
(d) Advocates Act, 1961

Answer:- (d) Advocates Act, 1961

5. Inherent powers under section 482 Cr.P.C. can be exercised by :-
(a) Any criminal court
(b) The Supreme Court only
(c) The Court of Session and the High Court
(d) The High Court

Answer:- (d) The High Court

6. Which wood is normally used to make the Cricket bats?
(a) Oak
(b) Teak
(c) Willow
(d) Walnut

Answer:- (c) Willow

7. The Maximum term of imprisonment awardable in a summary trial is :-
(a) Three months
(b) Six months
(c) One year
(d) Two year

Answer:- (a) Three months

8. The concept of welfare state is included in the constitution of India in the :-
(a) Fundamental Rights
(b) Fundamental Duties
(c) Preamble
(d) Directive Principles

Answer:- (d) Directive Principles

9. Which of the following term means “under consideration of a Court of Law”?
(a) Sine qua non
(b) Res judicata
(c) Double jeopardy
(d) Sub judice

Answer:- (d) Sub judice

10. 'Z' strikes 'B', 'B' is by this provocation excited to violent rage. 'A' a bystander intending to take advantage of B's rage and to cause him to kill 'Z' puts a knife into B's hand for that purpose 'B' kills 'Z' with knife what offence 'A' is guilty of:-
(a) Culpable homicide not amounting to murder
(b) Abetting culpable homicide
(c) Attempt to murder
(d) Murder

Answer:- (d) Murder

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Law Quiz

1. Unless non-access is proved the presumption as to legitimacy of any child born during the continuance of a valid marriage between his mother and any man is :-
(a) Rebuttable presumption of law
(b) Presumption of fact
(c) Mixed presumption of law and fact
(d) irrebuttabte presumption of law

Answer:- (d) irrebuttabte presumption of law

2. The Right of Property ceased to be Fundamental Right from:-
(a) 1975
(b) 1976
(c) 1978
(d) 1979

Answer:- (c) 1978

3. The appeal against an order of acquittal passed by the court of Judicial Magistrate first class shall lie to :-
(a) The Court of Chief Judicial Magistrate
(b) The Court of Session
(c) The High Court
(d) The supreme court

Answer:- (b) The Court of Session

4. On an application made by a person apprehending arrest on an accusation of having committed a non-bailable offence the High Court on the court of session may under S. 438 CrP.C. give the direction that:-
(a) He shall not be arrested till further order
(b) He shall be released on bail without taking him into custody
(c) In the event of such arrest he shall be released on bail
(d) In the event of such arrest he shall be released on bail three days after the arrest

Answer:- (c) In the event of such arrest he shall be released on bail

5. A is accused of an act which may amount to theft or receiving stolen property of criminal breach of trust or cheating He is only charged with theft but it appears that he committed the offence of criminal breach of trust.He may be :-
(a) Acquitted
(b) Convicted of theft
(c) Convicted of criminal breach of trust
(d) Discharged

Answer:- (c) Convicted of criminal breach of trust

6. Who of the following is the Chancellor of the NALSAR University of Law located in Hyderabad?
(a) Governor of A.P.
(b) The Union Law Minister
(c) Chief Justice of A.P. High Court
(d) Solicitor General of India

Answer:- (c) Chief Justice of A.P. High Court

7. In relation to the expressions defined in S. 3 of the Indian Evidence Act, Which of the following statement is not correct :-
(a) Fact includes not only physical facts but also psychological facts
(b) Court includes arbitrators
(c) An inscription on a stone is a document
(d) A fact is said to be not proved when it is neither proved nor disproved

Answer:- (b) Court includes arbitrators

8. In relation to first information report which of the following statements is not correct :-
(a) It is not a subtantive evidence
(b) It merely marks the beginning of the investigation
(c) It cannot be used as a previous statement for any purpose
(d) The informant need not be an eye witness

Answer:- (d) The informant need not be an eye witness

9. If the offence is punishable with fine only the period of limitation for taking cognizance of it shall be:-
(a) Three months
(b) Six months
(c) One year
(d) Three years

Answer:- (b) Six months

10. Under sub-section (1) of S. 146 Cr.P.C. the Magistrate may attach the subject of dispute if :-
(a) It is movable
(b) He dicides that one of the parties was in possession of the said subject
(c) He is unable to satisfy himself as to which of them was in possession of the subject of dispute
(d) In relation to that a receiver is appointed by any civil court

Answer:- (c) He is unable to satisfy himself as to which of them was in possession of the subject of dispute

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Judiciary Examinations Quiz

1. Confession of an accused is irrelevant and inadmissible when made:-
(a) In the custody of a police officer but in the immediate presence of a magistrate
(b) Before a magistrate who told him that if he made a full confession he would be released.
(c) At the time when he was drunk
(d) In police custody if it leads to the discovery of any fact

Answer:- (b) Before a magistrate who told him that if he made a full confession he would be released.

2. A voluntraily confession is admissible in evidence:-
(a) When made to a police officer
(b) To a magistrate having competent jurisdiction
(c) To a Village Sarapanch with a request to save him from police
(d) Where it leads to no discovery of facts and made to the police officer

Answer:- (b) To a magistrate having competent jurisdiction

3. A hires lodgings of B and gives a card on which is written "Rooms Rs. 200 a month"A tenders oral evidence to prove a verbal agreement that these terms were to include partial board. The evidence is:-
(a) Inadmissible under S. 91 of the Indian Evidence Act
(b) Inadmissible under S. 92 of the Indian Evidence Act
(c) Admissible
(d) Irrelevant

Answer:- (a) Inadmissible under S. 91 of the Indian Evidence Act

4. For proving execution of a registrated will it shall:-
(a) Be necessary to call at least two attesting witness
(b) Be necessary to call at least one attesting witness
(c) Not necessary to call any attesting witness
(d) Be necessary to call the Registrar

Answer:- (c) Admissible

5. X sues Y for money due on a bond. The execution of the bond is admitted but Y says that it was obtained by fraud which X denies. The burden of proof is :-
(a) On Y
(b) On X
(c) On the State
(d) OnX and Y both

Answer:- (a) On Y

6. For proving execution of a registreted will it shall:-
(a) Be necessary to call at least two attesting witness
(b) Be necessary to call at least one attesting witness
(c) Not necessary to call any attesting witness
(d) Be necessary to call the Registrar

Answer:- (b) Be necessary to call at least one attesting witness

7. Telling his wife that P's wife had called him to receive payments due to him K leaves his house, After two days his dismembered body is found in a trunk, In p's trial for murder of K the statement made by K to his wife is :-
(a) Inadmissible
(b) Partly admissible
(c) Inadmissible as it does not directly relates to K's death
(d) Admissible as it relates to the circumstance of the transaction which resulted in K's death

Answer:- (d) Admissible as it relates to the circumstance of the transaction which resulted in K's death

8. 'A' prosecutes 'B' for stealing a cow from him. 'B' is convicted. 'A' afterwards sues 'C' for the cow which B had sold to him before his conviction The judgment against B is:-
(a) Relevant as between A & C
(b) Irrelevant as between A & C
(c) Is without jurisdiction
(d) Is conclusive proof against C

Answer:- (b) Irrelevant as between A & C

9. The questions is whether A was revished? As conduct the fact that without making a complaint she said that she was revished is :-
(a) Not relevant
(b) Relevant
(c) Partly relevant
(d) Neither relevant nor irrelevant

Answer:- (a) Not relevant

10. In which of the following cases, can secondary evidence of the contents of a document not be given:-
(a) When the original is a public document
(b) When the original has been destroyed
(c) When the original has been found to the inadmissble
(d) When the original is not easily movable

Answer:- (c) When the original has been found to the inadmissble

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Indian Penal Code

Q.1. A spits B, A would be liable for offence of--

[A] using criminal force

[B] annoyance

[C] defamation

[D] assault

Ans:[D] assault

Q.2. Which section section of I.P.C. defines sedition?

[A] section 123

[B] section 124A

[C] section 124

[D] section 159

Ans: [B] section 124A

Q.3. Disclosuer of identity of victim of rape is punishable under--

[A] section 375 I.P.C.

[B] section 376 I.P.C.

[C] section 228A I.P.C.

[D] section 228 I.P.C.

 

Ans:[D] section 228 I.P.C.

Q.4. Which one of the following section of Indian Penal code deals with vicarious liability?

[A] section 154

[B] section 159

[C] section 124

[D] section 123

Ans:[A] section 154

Q.5.Minimum number of persons required to commit an affray is--

[A] two

[B] one

[C] three

[D] ten

Ans: [A] two

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Decision regarding frustration of contracts

Fact: In this case, A agreed B to give him the use of a Music Hall, on certain specified days, for the purpose of holding concerts. There was no express stipulation in the contract for the event of destruction of the hall by fire. When the hall was destroyed by fire, B sued A for a breach of contract which A was unable to perform, although for no fault of his own.

Decision: The Court laid down that if there is a positive contract to do a thing (which is not unlawful in itself), the promisor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burdensome, or even impossible. However, this rule applies only when the contract is positive and absolute, and not subject to any condition, either express or implied. However, when from the nature of the contract, it appears that the parties, from the very beginning, must have known that it would not be fulfilled unless some particular specified thing continued to exist, they must have contemplated such continuing existence as the foundation of the contract.

In the present case,the Court observed that the contract cannot be construed as a positive contract, but as subject to an implied condition that the parties would be excused in case, before the breach, its performance becomes impossible from the perishing of the thing without the fault of either party.

The Court went on to give an illustration of an author undertaking to compose a work Now, if he dies without completing it, his executors are discharged from the contract. The undertaking is purely personal in nature, and by the intervention of the promisor's death, it has become impossible to be performed.

The Court, therefore, held that B could not succeed.

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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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