HIGHER JUDICIAL SERVICE MODEL OBJECTIVE QUESTION PAPER [5th Set]

2. A contractContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. is not frustrated—
(A) By commercial impossibility
(B) By imposition of government restriction or order
(C) By destruction of subject-matter of contract
(D) By death or incapability of party when contract is of the personal services
Ans:-A

3. An agentAgent An agent is a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done, or who is so represented, is called the principal. Indian Contract Act can be appointed by—
(A) A minor of sound mind
(B) A major of sound mind
(C) Any person of sound mind
(D) Any major of sound or unsound mind
Ans:-B

4. X enters into a contract with Y, for which Y is guilty of fraud. X can—
(A) Set aside the contract but cannot recover damages
(B) Only recover damages
(C) Set aside the contract and can recover damages also
(D) None of the above
Ans:-C

5. Novation of a contract means—
(A) Renewal of original contract
(B) Substitution of a new contract in place of original contract
(C) Alteration of contract
(D) Revision of contract
Ans:-B

6. Which of the following do not fall under the meaning of ‘Revenue Officer’?
(A) Collector
(B) Commissioner
(C) Superintendent of land records
(D) President Board of Revenue
Ans:-D

7. Under section 44 of M.P. Land Revenue Code, an appeal from the origina1 order of
Commissioner lies to—
(A) District Judge
(B) Settlement Commissioner
(C) High Court
(D) Board of Revenue
Ans:-D

8. From an order passed in review, varying or reversing any order, in M.P. Land Revenue Code—
(A) Only a writ petition lies before High Court
(B) Review order in final
(C) Only revision lies
(D) Appeal lies as in case of original order
Ans:-C

9. All revenue officers in a division shall be subordinate to—
(A) Commissioner
(B) Collector
(C) District Judge
(D) Board of Revenue
Ans:-A

10. Clerical errors which have been made in. the record-of-rights may at any timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) be corrected or cause to corrected by the—
(A) Revenue Inspector
(B) Patwari
(C) Tehsildar
(D) Sub-Divisional Officer
Ans:-C

11. The following shall be deemed to be a lease of the land—
(A) Grant of right merely to cut grass
(B) To graze cattle
(C) Any arrangement whereby a person cultivate any land of a Bhumiswami on condition of his giving a specified share of the produce of the land, to the Bhumiswami
(D) To grow ‘Singhara’
Ans:-C

12. Any objections to interrogatoriesInterrogatories Written questions are asked to one party by an opposing party, who must answer them in writing under oath. Interrogatories are a part of discovery in a lawsuit. may be taken on the ground that it is—
(A) Irrelevant
(B) Scandalous
(C) Not exhibited bonafide
(D) All or any of those
Ans:-D

13. Mohan residing in Mumbai beats Sohan in Delhi. Sohan may sue Mohan—
(A) Only in Mumbai
(B) Only in Delhi
(C) Either in Mumbai or in Delhi
(D) None of these
Ans:-C

14. In case of failure of filing the written statement within thirty days, the defendant can be allowed to file the same on such other day specified by the court for reasons recorded in writing, which shall not be later than—
(A) 45 days
(B) 60 days
(C) 90 days
(D) 120 days
of summonsSummons It means an application to the Court in relation to an action or appeal which has to be served on other parties or non‑parties.
Ans:-C

15. Pleading means—
(A) Plaint only
(B) Written statement only
(C) Plaint and written statement
(D) Plaint, written statement and replication
Ans:-C

16. Documents which are meant for cross- examination of a witness of the other party or meant for refreshing the memory of the witness may be produced—
(A) At or before the settlement of issues
(B) After the settlement of issues
(C) At any time when they are required
(D) Along with pleadings
Ans:-C

17. Period of detention in civil imprisonment, as a consequence of disobedience or breach of any injunction shall not exceed—
(A) One month
(B) Three months
(C) Six months
(D) One year
Ans:-B

18. Caveat shall not remain in force after the expiry of—
(A) 30 days
(B) 60 days
(C) 90 days
(D) 120 days
Ans:-C

19. Age of minor for kidnapping should be—
(A) Under 16 years
(B) Under 18 years
(C) Under 16 years of age if a male and under 18 years of age if a female
(D) Under 21 years of age if a male and under 18 years of age if a female
Ans:-C

20. If the offence be punishable with fine only, imprisonment for non-payment of fine—
(A) Has to be simple
(B) Has to be rigorous
(C) Can be rigorous
(D) No imprisonment
Ans:-A

21. The right of private defence of the body—
(A) Commences as soon as reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence and it continues as long as such apprehension of the danger to the body Continues.
(B) Commences as soon as reasonable apprehension of danger to the body arises from an attempt or threat to commit the offence and it continues even after that apprehension ceases
(C) Commences only when the assault is actually done and continues during the period of assault
(D) Commences only when the assault is actually done and continues even after the assailant has left
Ans:-A

22. Which one of the following is correctly matched?
(A) Information in cognizable offence                                     —Section 154
(B) Police Officer’s power to require attendance of witnesses —Section 161
(C) Search by Police Officer                                                     —Section 166
(D) Cases to be sent to Magistrate when evidenceEvidence All the means by which a matter of fact, the truth of which is submitted for investigation, is established or disproved. Bharatiya Sakshya (Second) Adhiniyam 2023 is sufficient —Section 171
Ans:-A

23. Who of the following cannot claimA Claim A claim is “factually unsustainable” where it could be said with confidence before trial that the factual basis for the claim is entirely without substance, which can be the case if it were clear beyond question that the facts pleaded are contradicted by all the documents or other material on which it is based. maintenance under Section-125(4) of the Cr. P.C.?
(A) Wife living in adultery
(B) Wife living separately by mutual consent
(C) Both (A) and (B)
(D) Either (A) or (B)
Ans:-C

24. Who among the following is not entitled to claim maintenance under Section-125 Cr. P. Code?
(A) Divorced wife so long as she does not marry
(B) Unmarried sister
(C) Adoptive mother
(D) Illegitimate minor child
Ans:-B

25. A report of person arrested without warrant shall be given by the Officer-in-charge of Police Station to—
(A) Only District Magistrate
(B) Only Sub-divisional Magistrate
(C) Judicial Magistrate of First Class
(D) Either to the District Magistrate or Sub- divisional Magistrate
Ans:-D