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Law Question Papers

Objective [MCQ] Sample Questions on Mohamedan Law

10 Jun 2018 Advocatetanmoy

The four schools of thought were founded during the reign of

(a) Abbasids

(b) Mughals

(d) None of these

Status of a Mufti used to be that of a

(a) Draftsman

(b) Legislator

(c) Law Officer

(d) None of these

System developed by the Muslim doctors is

Mohammedan law

Fiqh

Muslim law

all the above.

Istihsan means:

(a) Preference of stronger evidence over analogy

(b) Preference over Ijtihad.

(d) None

The term Fiqa used in the literal sense means:

(a) Law

(b) Understanding

Analogy is rule of

(a) Deduction

(b) Interpretation

(d) None of these

Muta under Mohammedan law means

a temporary marriage

a permanent marriage

a joint venture marriage

an illegal marriage.

A marriage with a woman before completion of her Iddat is

(a) Irregular

(b) Void

(d) None of these

Muta marriages are allowed today by the

Sunnite Schools of Mohammedan law

Shiites Schools of Mohammedan law

Ithna Ashari School of Mohammedan Law

all the above.

Muta marriages are considered to be illicit by

Sunnite School of Mohammedan law

Ismailis

Zaydis

all the above.

Islam in Arabic means

submission to the will of God

deliberate adoption of a new faith

adoption of the faith of Islam

all the above.

Legal capacity (ahliyya) in Islamic law is divided into

Ahliyya al-ada and ahliyya al-wafa
Ahliyya al-wujoob and ahliyya al-haqq
Ahliyya al-wujoob and ahliyya al-ada
None of these

Failing the mother, the custody of a boy under the age of seven years belongs to:

(a) Father

(b) Paternal uncle

(c) Brother’s wife

(d) None of these

Hadith is

are the very words of God

are the traditions of the Prophet – the records of his action and his sayings

are the dictates of secular reason in accordance with certain definite principles

all the above.

According to Shariat the kinds of religious injunctions are

nine

seven

five

three.

Formal sources of Islamic law are

two

four

six

seven.

Islamic law is formally contained in

Koran

Hadith

Ijma & Kiyas

all the above.

A woman may be a Qadi/Kaji according to:

(a) Malikis

(b) Hanafis

(c) Hamblis

(d) None of these

Mohammedan law applies to

all persons who are Muslims by birth

all persons who are Muslims by conversion

all persons who are Muslims either by birth or by conversion

all persons who are Muslims by birth only and not to Muslims by conversion.

According to the Shariat, if one of the parents is a Muslim, the child is to be treated as

a Muslim

belonging to the religion of the father

belonging to the religion of the mother

belonging to the religion mutually agreed by the parents.

In India, if one of the parents is a Muslim, the child is to be treated as

belonging to the religion of the mother

belonging to the religion of the father

belonging to the religion mutually agreed by the parents

a Muslim.

Marriage in Islam is

a contract

a sacrament

a contract as well as a sacrament

either a contract or a sacrament.

Islamic law provides for

monogamy

unlimited polygamy

controlled polygamy

bigamy.

In Mohammedan law marriage is a

contract for the legalisation of intercourse and the procreation of children

contract for the procreation of children

contract for legalisation of intercourse

contract for different forms of sex relationship.

Under Islamic Law a child is legitimate if born after the dissolution of marriage and wife remaining unmarried:

(a) Within one year of the termination of marriage

(b) Within 280 days of the termination of marriage

(d) None of these

Essential requirements of Muslim marriage are

ijab

qabul

both ijab and qabul

either ijab or qabul.

Witnesses to the marriage have been provided under

Hanafi law

Shiite law

both (a) and (b)

neither (a) nor (b).

Marriage under Hanafi law must be

performed before

two witnesses

three witnesses

four witnesses

six witnesses.

Shiite law provides that

marriage must be performed before one witness

marriage must be performed before two witnesses

marriage must be performed before one male & one female witness

for the marriage witnesses are not necessary.

For a valid Muslim marriage

offer and acceptance must be at the same time

offer and acceptance must be at the same place

offer and acceptance must be at the same time and place

offer and acceptance may be at different times and at different places.

Under Mohammedan law legal

incompetency to marriage means

minority

unsoundness of mind

both minority as well as unsoundness of mind

only unsoundness of mind & not minority.

In cases of legal incompetency in

Mohammedan law

the guardians can validly enter into a contract of marriage on behalf of their wards

the guardians of a female only can validly enter into a contract of marriage on behalf of the female

the guardians of a male only can validly enter into a contract of marriage on behalf of the male

the guardians cannot validly enter into a contract of marriage on behalf of their wards.

In Muslim law, the majority is attained at

the age of 12 years

the age of 9 years

the age of 18 years

the puberty.

A marriage entered into by a girl while she has not attained puberty under Muslim law is a

valid marriage

void marriage

voidable marriage

either (a) or (c).

A marriage contracted by the guardian of a girl, while she has not attained the puberty is a

valid marriage

valid marriage but the minor girl has a right to repudiate the marriage on attaining majority

void marriage

either (a) or (c).

Option of puberty means

a Muslim minor girl married during minority by a guardian has a right to repudiate such marriage on attaining puberty

a Muslim minor girl married during minority by a guardian has no right to repudiate such marriage on attaining puberty

a Muslim minor girl married during minority by a guardian has a right to repudiate such marriage on attaining puberty only with the permission of the court

a Muslim minor girl married during minority by a guardian can repudiate such marriage with the consent of her husband.

‘The option of puberty’ can be exercised by the female before attaining the age of

21 years

18 years

15 years [clarification age of puberty is 15]

either (a) or (b) or (c).

Consummation of marriage before the age of puberty

deprives the wife of her option of puberty always

deprives the wife of her option of puberty only under certain circumstances

does not deprive the wife of her option of puberty

either (a) or (b).

Option of puberty is lost

on consummation after attaining puberty

on non-repudiation of marriage before attaining the age of 18 years

both (a) and (b)

only (b) and not (a).

Option of puberty is available to

wife only

husband only

wife and husband both

only wife and not husband.

Husband married during minority

has the same right to dissolve the marriage, but there is no statutory period within which he must exercise such right

has the same right to dissolve the marriage, and has to exercise that right before attaining the age of 15 years

has the same right to dissolve the marriage and has to exercise that right before attaining the age of 18 years

has the same right to dissolve the marriage and has to exercise that right before attaining the age of 21 years.

Husband married during minority loses his

right to repudiate the marriage on

payment of dower

cohabitation after attaining majority

either (a) or (b)

neither (a) nor (b).

Mere exercise of the option to repudiate the marriage

severes the marital tie

does not severe the marital tie

may severe the marital tie if consented to by the other party

either (a) or (c).

Zina in Mohammedan law means

Sexual intercourse not permitted by law

sexual intercourse permitted by law

fornication or adultery

both (a) and (c).

Offsprings of ‘Zina’ are

illegitimate and can be legitimated by acknowledgement

illegitimate and cannot be legitimated by acknowledgement

legitimate

either (a) or (c).

In Mohammedan law, a marriage may be

sahih

fasid

batil

either (a) or (b) or (c).

Main limitations to the capacity of a Muslim to marry are

three

five

seven

eight.

A Muslim can marry any number of wives not exceeding

four

three

two

one.

A Muslim can marry any number of wives not exceeding four. If a Muslim marries a fifth wife, such a marriage shall be

valid

irregular

void

either (a) or (c).

If a Muslim woman marries a second husband, such a marriage shall be

valid

irregular

void

either (b) or (c).

Offsprings of a Muslim woman marrying second husband shall be

legitimate

illegitimate but can be legitimised by subsequent acknowledgement

illegitimate and cannot be legitimised by any subsequent acknowledgement

either (a) or (b).

Muslims belonging to different schools of Mohammedan law

may intermarry freely with one another

cannot intermarry freely with one another

cannot intermarry at all

can intermarry with one another only with the consent of the Qazi.

‘Kitabi’ and ‘Kitabiyya’ refer to

a man and a woman respectively

a woman and a man respectively

a woman

a man.

In India, the terms ‘Kitabi’ or ‘Kitabiyya’ applies to

Christians

Jews

both Christians and Jews

only Christians and not Jews.

A man in Hanafi law can marry

a Muslim woman

a Kitabiyya

either (a) or (b)

only (a) and not (b).

A man in Shiite law can marry in the nikah

a Muslim woman

a Kitabiyya

either (a) or (b)

only (a) and not (b).

A Muslim man cannot marry

a Muslim woman

a Jews

a Christian

an idolateress or a fire-worshipper.

Marriage of a Muslim man with an idolateress or a fire-worshipper shall be

void

irregular

valid

either (b) or (c).

A Muslim woman can marry

a Muslim man

a Kitabi

either (a) or (b)

both (a) and (b).

Marriage of a Muslim woman with a non- Muslim shall be

valid

irregular

void

either (a) or (b).

On the apostasy of one of the parties to the marriage, a Muslim marriage

stands dissolved automatically

remains valid

becomes irregular

stands dissolved after the decree of the court.

In Muslim Law marriage with a woman prohibited by reason of blood relationship is

valid & the issue legitimate

irregular & the issue legitimate

void but the issue legitimate

void and the issue illegitimate.

A marriage of a Muslim man with his niece or great niece is

void

irregular

valid

muta.

A Muslim is prohibited from marrying his sister who is related to him

by full blood

by uterine blood

a consanguine

all the above.

A marriage of a Muslim with a woman prohibited by reason of affinity shall be

irregular

void

valid

either (a) or (b).

A Muslim can marry the

descendant of a wife, if the marriage with that wife has not been consummated

descendant of a wife, if the marriage with that wife has been consummated

descendant of a wife irrespective of whether the marriage with that wife has been consummated or not

descendant of a wife only with the leave of the Qazi.

A marriage with foster relations is

prohibited absolutely

permitted absolutely

prohibited generally except certain foster relations

either (b) or (c).

A marriage forbidden by reason of foster age is

irregular

void

valid

either (a) or (c).

With whom amongst the following a valid marriage can be contracted

foster-son’s sister

foster-brother’s sister

foster-sister’s mother

all the above.

With whom a valid marriage can be contracted by a Muslim

ascendants or descendants of his wife

the wife of any ascendant or descendant

either (a) or (b)

neither (a) nor (b).

A Muslim can contract a valid marriage with

his consanguine or uterine sister

his niece

both (a) and (b)

neither (a) nor (b).

Unlawful conjunction arises when a Muslim marries two wives who are related to each other by

consanguinity

affirmity

forsterage

either (a) or (b) or (c).

A Muslim is prevented from marrying his wife’s sister

during the subsistence of marriage with his wife

after the death of his wife

after the divorce of his wife

all the above.

Under Hanafi law, disregard to the bar of unlawful conjunction renders the marriage

valid & issues legitimate

irregular & issues legitimate

void & issues illegitimate

void but issues legitimate.

Shia law does not provide for

valid marriage

irregular marriage

void marriage

either (a) or (b) or (c).

Marriages which are irregular under the Sunni law, under the Shia law, the same are

void marriages

valid marriages

voidable marriages

either valid or void as decided by the Qazi.

A Muslim marriage is void when the prohibition against marriage is

perpetual and absolute

temporary and relative

either (a) or (b)

both (a) and (b).

An irregular marriage can be terminated

by the wife

by the husband

either by the wife or by the husband

only by the husband and not the wife.

An irregular marriage can be terminated

before consummation

after consummation

either before or after consummation

only before consummation & not after consummation.

An irregular marriage can be terminated

by saying ‘I have relinquished you’

by divorce

by the intervention of the court

by either (a) or (b) or (c).

In an irregular marriage, the wife

is entitled to dower if the marriage is consummated before termination

is entitled to dower if the marriage is not consummated before termination

is entitled to dower irrespective of whether consummated or not

not entitled to dower at all.

A wife of an irregular marriage is

not bound to observe the iddat at all

is bound to observe the iddat in case of death of the husband

is bound to observe the iddat in case of divorce

is bound to observe iddat in case of death of the husband or divorce if the marriage is consummated.

In an irregular marriage, the duration of iddat is

four courses

three courses

two courses

one course.

An irregular marriage

creates mutual rights of inheritance between husband and wife, if the marriage is consummated

creates mutual rights of inheritance between husband and wife, if the marriage is not consummated

does not create mutual rights of inheritance between husband and wife, irrespective of whether the marriage is consummated or not

does not create mutual rights of inheritance between husband and wife, if the marriage is not consummated.

In the absence of a direct proof of a valid marriage, a presumption of a valid marriage arises

where there is a prolonged and continuous cohabitation as husband and wife

where a man acknowledges the woman as his wife

where a man acknowledges the issue of the union as legitimate

either (a) or (b) or (c).

Which of the following is not a legal effect of a valid Muslim marriage

status of woman changes and she is subjected to the husband’s school of law

status of woman does not change and she is subject to her own pre-marital school of law

neither the husband nor the wife acquires any interest in the property of the other by reason of marriage

Mutual rights of inheritance are established.

A Shia male cannot contract a muta marriage with

a Mohammedan woman

a Christian woman

a fire-worshipper woman

any other religion.

A Muslim woman can contract a muta marriage with a

Mohammedan

Kitabi

a fire-worshipper

either (a) or (b) or (c).

A valid muta marriage must

prescribe the period of cohabitation

specify the dower

both (a) and (b)

either (a) or (b).

A marriage contracted as muta, shall be void

if prescribes the period of cohabitation but does not specify the dower

if does not prescribe the period of cohabitation but specifies the dower

both (a) and (b)

only (b) and not (a).

A marriage contracted as muta specifying the dower, but not prescribing the period of cohabitation

shall be void

may operate as a permanent marriage

shall be presumed to be for a period of one year

shall be presumed to be for a period of three years.

Each heir is liable to the debts of a deceased

(a) Exclusively

(b) Severally

(d) None of these

A contract of muta marriage can be put to an end by the husband

by divorce

by hiba-i-muddat

by both (a) and (b)

by either (a) or (b).

During the term of muta marriage

husband has a right to divorce

wife has a right to divorce

husband and the wife both have a right to divorce

neither the husband nor the wife has a right to divorce.

In a muta marriage, the wife

has a right to leave the husband before the expiry of the term

has a right to leave the husband before the expiry of the term only with the permission of the Qazi

has a right to leave the husband before the expiry of the term only with the permission of the court

has no right to leave the husband before the expiry of the term.

A muta marriage is dissolved

ipso-facto by the efflux of the period

by death

by hiba-e-muddat

either (a) or (b) or (c).

On consummation of a muta marriage, the wife is entitled to

Half dower

full dower

double dower

no dower.

If a muta marriage is not consummated, the wife is entitled to

no dower

one third dower

half dower

full dower.

If the husband puts to an end the muta marriage by way of hiba-e-muddat

wife is entitled to full dower

wife is entitled to double dower

husband has a right to deduct the proportionate part of the dower for the unexpired period

husband has a discretion to fix and give the dower according to the circumstances.

In case the wife leaves the husband before the expiry of the term of the muta marriage

wife is entitled to full dower

wife is entitled to half dower

husband has a discretion to fix and give the dower according to the circumstances

husband has a right to deduct the proportionate part of the dower for the unexpired period.

On the expiry of the term of muta marriage the wife is

not bound to observe iddat

bound to observe iddat if the marriage has been consummated

bound to observe iddat if the marriage has not been consummated.

bound to observe iddat irrespective of whether the marriage has been consummated or not.

No iddat is necessary, in case of a muta marriage

where the marriage has not been consummated

where the husband puts to an end the contract of marriage by hiba-e-muddat

where the wife leaves the husband before the expiry of the term of cohabitation

all the above.

Period of iddat prescribed in cases of dissolution of muta marriage is

four courses and 10 days

four courses

three courses

two courses.

If there is evidence of the term for which the muta marriage was fixed and cohabitation continues after that term

cohabitation after the expiry of the term shall be void

muta marriage stands extended for the whole period of cohabitation

children conceived during the extended period shall be illegitimate

both (a) & (c) are correct.

‘Dower’ under the Mohammedan law has been defined as a sum of money or other property presented by the husband to be paid or delivered to the wife in consideration of marriage by

Robertson Smith

Ameer Ali

Justice Mahmood

Hamilton.

Revelation is the ______ source of Islmaic law

(a) Only

(b) Secondary

(d) None of these

A gift of unborn person is

(a) Valid

(b) Void

(d) None of these

Law Question Papers

OBJECTIVE SAMPLE QUESTIONS ON THE PROTECTION OF DOMESTIC VIOLENCE ACT, 2005

6 Jun 2018 Advocatetanmoy

DV act applies to

Only the victim of the violence
all women who are subject of 125 Cr.P.C
All women who are not staying with the husband
women who are victim of violence within the family

Aggrieved Person includes

woman having domestic relationship
A woman in live- in relations
a mother whom the son not allowed to live with him
above all

DV act has retrospective effect

yes
no
Prospective effect
no 1 and three are correct

Monetary relief Can be given

if aggrieved woman suffer loss due to domestic violence
if subject of section 125 of Cr.P.C
If husband failed to maintain the woman
Only no 1 is correct

Who can be respondent

Only adult male having a domestic relationship
any person with whom domestic relationship could be established
relatives of the husband
no 2 and 3 are correct

A divorced woman can claim in a shared household

true
false

A woman in live in relationship resides with her boyfriend in a rented house and later she discovered that her boyfriend is the owner of a flat in salt lake city of kolkata , whether the claim of the woman for residence in the salt lake flat is competent?

The Magistrate can not proceed with the complaint u/s 12 without considering DIR

true
false

A woman can claim u/s 17 a residence order

against the shared house belongs to husband
against the shared house belongs to father -in -law
against a shared house belongs to the joint family
against the shared house belongs to the relative of the husband
no 1 is correct position of law
no 1 and 3 is the correct position of law

An application u/s 12 of DV Act should be filed

at any time after the cause of action
within three years as per article 137 of the limitation act
Any limitation has not ben prescribed in DV Act
no 1 and 3 are correct
no 2 is correct

An application by wife u/s 12 of DV Act has been disposed of by the Ld Magistrate and inter alia ordered for residence in the husband’s house in Chetla Kolkata. Now the status of the wife

Like divorcee
Like judicial separation
Same as a full fledge wife
The husband can ask for casual sex with the wife
the wife can deny sexual intercourse by telling “sexual abuse clause” but allowing a man of her choice
no 3 and 4 are correct
no 5 are correct
no 2 and 5 are correct

“Sexual abuse” defined U/s 3 of DV Act in terms of

Violation of the Dignity of woman
any short of sexual advancement by the husband
Husband wants to see pornography with the wife
Husband asks for sodomy
no 1 and 4 are correct
No 1 , 2 , 3, 4 all are correct

U/s 20 of DV Act the Magistrate is competent

to issue an arrest warrant on failure to pay money
can only direct the employer or debtor to pay the money as ordered
can create a charge on the immovable property of the respondent
all are correct
only no 2 is correct

U/s 23 a magistrate can grant interim Relief

for past, present and future domestic violence
only for past and present domestic violence
which one is correct?

U/S 25 of the DV Act , whether a magistrate is competent to Recall his Order?

U/s 28 of the DV Act the procedure shall be adopted by the Ld Magistrate is written in 126 of the CR.P.C

true
false
The magistrate can overlook Cr.P.C and adopt his own procedure
The magistrate can adopt his own procedure if a thing is not provided in Cr.P.C
Which one is a more appropriate answer?

A magistrate proceed with an Application u/s 12 of DV act without jurisdiction

The respondent shall file a Revision as per Cr.P.C
The Respondent shall prefer an appeal as per section 29 of the DV Act.

Domestic violence is usually a one time, isolated occurrence
A. True

B. False

In DV Case the burden lies with the Complainant

true
false

______________________________________

CIVIL, Law Question Papers

OBJECTIVE SAMPLE QUESTIONS ON LIMITATION ACT, 1963

6 Jun 2018 Advocatetanmoy

Application includes

Writ Petition

Interlocutory application

Petition for restoration of suit

Above all

Suit does not include an appeal or an application in Limitation Act

True

False

Cannot be said

Not a subject matter of limitation act

The Limitation Act, 1963 applies to

proceedings before courts

Suit before courts

Suit and Proceeding Both

all the above.

The period spent in prosecuting the case before the Consumer Forum can be

partly excluded

included

excluded

partly included.

Under the Limitation Act, 1963, the court has no… power, outside the Act, to relieve a litigant from the provisions of the Act

general

inherent

over-riding

general or inherent or over-riding.

Limitation Act can be applied

Before Criminal Court

Before Tribunal

Before Writ Court

Above all are true

If the money suit filed within three years from the date on which cause of action arises then the suit

does not relate to Limitation Act

is not barred by limitation

is barred by limitation

depends on application for condonation of delay.

The Limitation Act, 1963 applies to

Civil suit

partition suit

matrimonial proceeding

in an application u/s 12 of the Domestic violence act

All four answers are correct
Only first three is correct

Delay in filing the suit

cannot be condoned

can be condoned under section 3, Limitation Act

can be condoned under Order VII, Rule 6, C.P.C.

can be condoned under section 5, Limitation Act.

Under section 2(1) of Limitation Act suit includes

appeal

application

both (a) and (b)

none of the above.

Under section 2(1) of Limitation Act suit includes

appeal

application

execution petition

none of the above.

All instruments for the purpose of Limitation Act, 1963 shall be deemed to be made with reference to

Gregorian Calendar

English Calendar

Roman Calendar

Indian National Calendar.

Which of the following statements is correct as regards the sections and the articles in the Limitation Act, 1963

the sections and the articles lay down the general principles of jurisdiction

the sections and the articles prescribe the period of limitation

the sections lay down the general principles of jurisdiction and the articles prescribe the period of limitation applicable in matters provided therein

the sections prescribe the period of limitation applicable in matters provided therein ana the articles lay down the general principles of jurisdiction.

Section 3 Limitation Act does not apply to

suits

appeals

application

execution petition

Under section 3, Limitation Act, 1963, a claim by way of is treated as a cross-suit

set-off

counter-claim

set-off or counter-claim

set-off and counter-claim.

Under section 3, Limitation Act, 1963 cross suit by way of set-off shall be deemed to have been instituted

on the same day as the suit in which setoff is pleaded has been filed

on the day on which the set-off is pleaded

either (a) or (b) whichever is beneficial to the defendant

either (a) or (b) whichever is beneficial to the plaintiff.

Counter-claim, under section 3, Limitation Act, 1963, shall be deemed to have been instituted

on the same day as the suit in which counter-claim is made has been filed

on the day on which the counter-claim is made

either (a) or (b) whichever is beneficial to the defendant

either (a) or (b) whichever is beneficial to the plaintiff.

Section 3, Limitation Act, 1963, does not apply to

suits

appeals

applications

execution proceedings.

The provisions of section 3, Limitation Act [ are

mandatory

OBJECTIVE SAMPLE QUESTIONS ON THE SPECIFIC RELIEF ACT [1ST SET]

6 Jun 2018 Advocatetanmoy

Readiness of plaintiff to perform contract which includes
(a) performance of plaintiff
(b) potential of plaintiff
(c) willingness of plaintiff
(d) financial ability of plaintiff.
Where applicant neither necessary nor proper party in suit of specific performance whether his presence is necessary for effective adjudication?
(a) yes
(b) no
(c) conditional one
(d) none of above.
Specific relief can be granted for
(a) enforcing individual civil rights
(b) enforcing penal laws
(c) both civil rights and penal laws
(d) neither civil rights nor penal laws.
Under the Specific Relief Act, a suit for recovery of possession can be filed
(a) only in respect of movable property
(b) only in respect of immovable property
(c) in respect of both movable and immovable property
(d) neither movable nor immovable property.
Specific Relief Act, 1963 is the product of
(a) 8th Report of Law Commission of India on Specific Relief Act of 1877
(b) 9th Report of Law Commission of India on Specific Relief Act of 1877
(c) 10th Report of Law Commission of India on Specific Relief Act of 1877
(d) none of above.
A suit for possession of an immovable property, under section 6 of Specific Relief Act can be filed within
(a) 1 year of dispossession
(b) 6 months of dispossession
(c) 3 years of dispossession
(d) 12 years of dispossession.
A suit for recovery of possession of an immovable property under section 6 of Specific Relief Act can be filed against
(a) a private individual only
(b) a government
(c) both a private individual and a government
(d) neither (a) nor (b).
Burden to prove adverse possession is on
(a) court
(b) defendant ,(c) plaintiff
(d) none of above.
To maintain suit under section & of the Act, the possession must be
(a) actual judicial possession
(b) symbolic possession
(c) constructive possession
(d) either actual or symbolic or constructive.
An order or decree under section 6 of the Act is
(a) appealable
(b) reviewable
(c) neither appealable nor reviewable
(d) both appealable and reviewable.
A suit under section 6 can be brought by
(a) trespasser
(b) tenant holding over
(c) servant
(d) manager.
In a suit under section 6
(a) title of the plaintiff is relevant
(b) title of dispossessor is relevant
(c) the defendant is allowed to prove his title
(d) none of the above.
A suit for possession under section 5 of Specific Relief Act, can be filed within
(a) 3 years
(b) 6 months
(c) 12 years
(d) 30 years.
In a suit under section 6, the court can
(a) adjudicate on the title
(b) direct the defendant(s) to remove the structures
(c) permit the plaintiff to pull down the structure
(d) neither (a) nor (b) nor (c).
The question of title is
(a) relevant under section 6 of the Specific Relief Act, 1963
(b) irrelevant under section 6 of the Specific Relief Act, 1963
(c) question of title is not a provision under the Specific Relief Act, 1963
(d) none of above.
The object of section 6 of the Specific Relief Act, 1963 is to
(a) restrain a person from using force and to disposes a person without his consent
(b) is not to restrain a person to dispossess a person
(c) only (b) is correct
(d) none of above.
A suit under section 7 may be brought by a person
(a) who is not the owner of the property
(b) who may not have the possession of the property
(c) from whose possession the goods may not have been removed
(d) either (a), (b) or (c).
18.For application of section 7 of the Act, the [ goods must be
(a) in original form
(b) capable of identification & delivery
(c) without alteration
(d) all the above.
19.Section 7 does not apply to
(a) money & currency notes
(b) wrongful taking of the property
(c) wrongful detaining of the property
(d) wrongful disposal of the property.
20.Section 8 of Specific Relief Act can be I invoked
(a) against a person who has possession or control over the article
(b) against a person who is the owner of the article claimed
(c) by a person not entitled to the possession of the article
(d) in respect of an ordinary article.

21.Section 8 can be invoked
(a) if compensation in money is an adequate relief
(b)if the damages can be easily ascertained
(c) if the article is held by the person as agent or trustee of the claimant
(d) if the article has been rightly transferred from the claimant.
22. Suit under section 8 is not competent
(a) against a person who is the owner of the article claimed
(b) against a person who has the possession or control over the article
(c) in respect of an article for which compensation in money is not an adequate relief
(d) in cases where ascertainment of damages is extremely difficult.
23. What is true of Specific Relief Act
(a) it is a procedural law
(b) it supplements the Code of Civil Procedure
(c) it is founded on English Law
(d) all the above.
24. Under section 10 of Specific Relief Act, the specific performance of the contract cannot be granted
(a) if there is no concluded contract
(b) if there is a concluded contract
(c) if the compensation in money is not an adequate relief
(d) if there exists no standard for ascertaining the actual damages.
25. Under section 10 the specific performance can be granted
(a) if there is a concluded contract
(b) if there exists no standard for ascertaining the actual damages
(c) if compensation in money is not an adequate relief
(d) all the above.
26. Under section 10 which of the following can be specifically enforced
(a) contingent contract
(b) to form a partnership
(c) chattel of special value
(d) separation deeds.
27. In case of specific performance of part of contract the purchaser
(a) may relinquish claim to further performance of the remaining part of contract and has right to compensation
(b) may not relinquish claim to further performance of the remaining part of contract and has no right to compensation
(c) specific performance of part of contract not possible
(d) none of above.
28. Section 13 of the Specific Relief Act, 1963 has no application when the transfer has been affected in respect of a property
(a) in which vendor has no title or has an imperfect title
(b) in which vendor has title
(c) in which vendor has imperfect title
(d) none of above.
29. Within the meaning of section 15 of the Specific Relief Act, 1963, the assignee falls
(a) within the meaning of representative in interest or principal
(b) representative of interest only
(c) representative of principal only
(d) none of above.
30. Remedy of rectification available under section 26 relates to
(a)mistake in expression of contract only
(b)the contract itself i.e. the formation of the contract
(c) matters which were overlooked by the parties
(d) addition of terms in the agreement which was not considered.

Mistake contemplated under section 26 is
(a) mutual mistake
(b) bilateral mistake
(c) mistake in framing of the instrument
(d) all the above.
Section 26 fixes the time limit for discovery of mistake or fraud to be
(a) six months
(b) three months
(c) 1 year
(d) no time limit is fixed.
Remedy of rescission of contract
(a) is the same as specific performance
(b) is opposite of specific performance
(c) does not affect specific performance
(d) makes specific performance easy.
Relief of rescission is granted in cases
(a) where the contract is void
(b) where the contract is voidable
(c) both void & voidable contracts
(d) neither void nor voidable contracts.
Rescission cannot be granted
(a) where the plaintiff has ratified the contract
(b) where there is a valid contract
(c) where the third party have acquired any interest under the contract
(d) all the above.
Rescission cannot be granted
(a) in severeable contracts
(b) where the restitution to original position not possible
(c) contract stands ratified
(d) all the above.
Cancellation of instrument can be granted
(a) if the instrument is void or void-able
(b) if the instrument is valid
(c) both (a) & (b)
(d) neither (a) nor (b).
Section 31 in its application is
(a) based on protective or preventive justice
(b) restricted to contracts only
(c) restricted to the parties to the contract
(d) mandatory in nature.
Cancellation under section 31 can be claimed
(a) by party to the instrument
(b) by any person against whom the instrument is void or voidable
(c) in respect of any instrument not necessarily a contract
(d) all the above.
In case of cancellation under section 31 the relief of specific performance
(a) can be supplemented
(b) can be in the alternative
(c) out of question
(d) all the above.

Cancellation under section 31 relates to
(a) mistake in expression of any instrument
(b) formation of the instrument
(c) ratification of the instrument
(d) all the above.

Under section 33 compensation is payable if
(a) the benefit have been received by the party
(b) the contract is without considera-tion
(c) in both (a) & (b)
(d) neither (a) nor (b).

Under section 32 an instrument can be cancelled in part when
(a) it relates to different rights
(b) it relates to different obligations
(c) the part to be cancelled is severable from the rest
(d) all the above.

Under section 34, a declaration can be sought by
(a) a stranger who has no interest
(b) a person having a legal character or a right as to property which is denied
(c) a person whose legal character or right to property not denied
(d) all the above.

Section 34 sanctions
(a) every type of declaration
(b) only a declaration of a legal character or of a right to property
(c) both (a) & (b)
(d) neither (a) nor (b).

Character or right sought to be declared must be
(a) an existing right on the date of the suit or upto the date of decree
(b) legal one
(c) valid one
(d) all the above.

Legal character or right under section 34 must be
(a) specific
(b) abstract
(c) contingent
(d) any of the above.

Proviso to section 34 relates to
(a) suits for specific performance
(b) suits for declaration
(c) suits for injunctions
(d) all the above.

The further relief under section 34 must be
(a) the one available as additional on the date of the suit
(b) the one available after the filing of the suit
(c) the one available as alternative on the date of the suit
(d) the one available as alternative during the pendency of the suit.

The objection as to maintainability of suit of declaration without further relief
(a) must be taken at the earliest stage
(b) can be taken at any step of the
proceedings
(c) can be taken for the first time in appeal
(d) all the above.

A declaration made is binding on
(a) the parties to the suit
(b) persons claiming through the parties to the suit
(c) where any party is a trustee, in the persons for whom such parties would be trustees
(d) all the above.

The grant or refusal of relief of declaration and injunction under the provisions of section 34 is
(a) discretionary
(b) mandatory
(c) prohibitory
(d) none of above.

Injunctions cannot be granted in a suit
(a) in which the specific performance cannot be enforced
(b) for breach of negative contract to enforce specific performance
(c) for declaration where the plaintiff is in possession
(d) neither (a) nor (b) nor (c).

What is true of temporary injunction
(a) continues until a certain specific time
(b) is permanent between the parties
(c) concludes the right
(d) cannot be granted ex-parte.

Which is incorrect of temporary injunctions
(a) continues until a specific time
(b) finally settles the mutual rights of the parties & directs a party for all time to do or obtain from doing a thing
(c) can be granted ex-parte
(d) preserves the property in dispute in status quo till the disposal of the suit.

The general principles on which the , perpetual injunctions could be granted are contained in
(a) Section 37
(b) Section 38
(c) Section 39
(d) Section 40.

What is true of perpetual injunction
(a) it is a judicial process
(b) preventive in nature
(c) the thing prevented is a wrongful act
(d) all the above.

Injunction is granted
(a) to prevent torts
(b) to restrain breaches of contracts
(c) both (a) & (b)
(d) neither (a) nor (b).

What is true of mandatory injunction
(a) compels performance of certain positive acts
(b) is awarded where the temporary injunction is meaningless
(c) is retrospective in nature as restores things to their former conditions
(d) all the above.

Perpetual injunction can be granted under section 38 of the Act
(a) when there exists standard for ascertaining the actual damages caused
(b) when compensation would afford adequate remedy
(c) when it is necessary to prevent multiplicity of proceedings
(d) when the defendant is not a trustee of property for the plaintiff.

Perpetual injunction under section 38 can be granted
(a) when there exists no standard for ascertaining the actual damages caused
(b) when compensation would not afford adequate relief
(c) when the defendant is a trustee of the property for the plantiff
(d) all the above.

A claim for damages in suits for injunction can be laid
(a) under section 38
(b) under section 39
(c) under section 40
(d) under section 37.

Damages in suits for injunctions cannot be granted
(a) if the plaintiff has not claimed damages
(b) if the suit of the plaintiff is dismissed
(c) both (a) & (b)
(d) neither (a) nor (b).

Section 10 of the Specific Relief Act, 1963 provides for
(a) the contracts which can be specifically enforced
(b) the contracts which cannot be specifically enforced
(c) both (a) and (b)
(d) neither (a) nor (b).

Section 10 of the Specific Relief Act, 1963, applies to
(a) promises which are not completed contracts
(b) completed contracts which are valid in law and capable of enforcement
(c) inchoate agreements
(d) all the above.

In cases of specific performance of a contract, the rights of the parties are governed by the principles of
(a) equity
(b) law
(c) equity and law
(d) only equity and not law.

Under section 10 of the Specific Relief Act, 1963, which of the following contracts can be specifically enforced
(a) a written agreement whereby the defendant had agreed with the plaintiff to take the lease of a house for a certain term at a certain rent subject to the preparation and approval of a formal contract, no other contract has even been entered into between the parties
(b) an agreement to transfer certain properties subject to sanction by the sanctioning authority
(c) both (a) and (b)
(d) neither (a) nor (b).

Specific performance of a contract means
(a) actual execution of the contract according to its stipulation and terms
(b) claim of damages or compensation for the non-execution of the contract
(c) either (a) or (b)
(d) neither (a) nor (b).

Jurisdiction of the court to enforce specific performance of a contract is
(a) absolute
(b) discretionary
(c) general & not exceptional
(d) extensive.

Specific performance of a contract
(a) will be ordered generally where damages are an adequate remedy
(b) may be ordered where damages are an adequate remedy
(c) will never be ordered if damages are an adequate remedy
(d) may not be ordered if damages are an adequate remedy.

In which of the following cases, the specific performance of a contract will not be ordered
(a) where pecuniary compensation would afford adequate relief
(b) where the acts would require continued supervision by the court
(c) where the contract provides for personal affirmative acts or personal service
(d) all the above.

Specific performance of contract to build or repair can be ordered
(a) where the plaintiff has a substantial interest in the performance of the contract and he cannot be compensated adequately in damages
(b) where the plaintiff has a substantial interest in the performance of a contract but he can be compensated in damages
(c) where the plaintiff has no substantial interest in the performance of the contract and can be compensated in damages
(d) all the above.

Section 9 of the Specific Relief Act, 1963 provides for
(a) the grounds on which specific performance of contract can be granted
(b) the defences which a person against whom the relief of specific performance is claimed may plead
(c) the defences which a person against whom the relief of specific performance is claimed cannot plead
(d) the grounds on which specific performance of a contract cannot be granted.

Section 9 of the Specific Relief Act, 1930, lays down that in a suit for specific performance of a contract
(a) the defendant can plead all the defences available to the defendant in a suit for damages for breach of a contract
(b) the defendant cannot plead the defences available to the defendant in a suit for damages for breach of a contract
(c) the defendant can plead the defences available to the defendant in a suit for damages for breach of a contract, only with the permission of the court
(d) either (b) or (c).

An agreement to form a partnership
(a) is enforced as a general rule
(b) is enforced where parties have in part performance of the contract carried on the partnership business
(c) either (a) or (b)
(d) neither (a) nor (b).

The propositions are
I. A contract for the sale of a patent can be specifically enforced.
II. A contract to assign a copyright is specifically enforceable.
III. An agreement to form a partnership is specifically enforceable as a general rule.
Which of the following is true in respect of the said propositions
(a) III is correct and I & II are incorrect
(b) III & II are correct and I is incorrect
(c) III & I are correct and II is incorrect
(d) I & II are correct and III is incorrect.

Specific performance of a contract can be granted in respect of
(a) immovable property
(b) chattels
(c) immovable property as well as chattels
(d) only (a) and not (b).

Rise in value since agreement is
(a) a ground to refuse specific per-formance in case of an agreement to sell immovable property
(b) a ground to refuse specific per-formance in case of an agreement to sell movable property
(c) a ground to refuse specific per-formance in case of an agreement to sell immovable and movable property both
(d) not a ground to refuse specific per¬formance in case of an agreement to sell either immovable or movable property. 79. Explanation to section 10 of the Specific Relief Act, 1963, lays down
(a) certain presumptions of fact
(b) certain rebuttable presumptions of law
(c) certain irrebuttable presumptions of law
(d) certain conclusive presumptions.

Under section 10 of the Specific Relief Act, 1930, the presumption is that
(a) breach of a contract to transfer immovable property cannot be adequately compensated in money
(b) breach of a contract to transfer movable property cannot be adequately compensated in money
(c) breach of a contract to transfer immovable property can be adequately compensated in money
(d) both (a) and (b).

Section 11 of the Specific Relief Act, 1930 provides for
(a) specific performance of a part of the contract
(b) defences respecting suits for relief based on contract
(c) specific performance of contracts connected with trusts
(d) circumstances in which specific performance of a contract is enforceable.

Section 11 of the Specific Relief Act, 1930 applies where
(a) the relief claimed partakes the nature of
the specific performance
(b) the enforcement of an obligation is in the
nature of trust
(c) both (a) and (b)
(d) either (a) or (b).

A contract made by a trustee in excess of his powers or in breach of trust, under section 11 of the Specific Relief Act, 1963 is
(a) specifically enforceable at the instance of the trustee
(b) specifically enforceable at the instance of the second party
(c) specifically enforceable either at the instances of the trustee or at the instance of a second party
(d) not specifically enforceable.

Specific performance of a part of the contract, has been dealt with under
(a) section 12 of the Specific Relief Act, 1963
(b) section 10 of the Specific Relief Act, 1963
(c) section 11 of the Specific Relief Act, 1963
(d) section 9 of the Specific Relief Act, 1963.

Under section 12 of the Specific Relief Act, 1963, the general rule is that
(a) the specific performance of a part of the contract can be granted
(b) the specific performance of a part of the contract shall not be granted
(c) the specific performance of a part of the contract may not be granted
(d) a contract can be performed in piecemeal.

Section 12 of the Specific Relief Act, 1963, permits the grant of specific performance of a part of a contract
(a) where the part left unperformed bears only a small portion of the whole in value and admits of compensation in money
(b) where the part left unperformed is a substantial portion of the whole in value and admits of compensation in money
(c) where the part left unperformed is a small portion of the whole in subject matter and does not admit a compensation in money
(d) both (a) and (b).

Under section 12(2) of the Specific Relief Act, 1963, part performance of a contract can be enforced by
(a) the promisor
(b) the promisee
(c) either the promisor or the promisee
(d) only promisor and not the promisee.

Section 12(3) of the Specific Relief Act, 1963, applies where the part which remains unperformed, of the contract is
(a) small
(b) considerable
(c) inconsiderable
(d) either (a) or (b) or (c).

For section 12(4) of the Specific Relief Act, 1963, to apply
(a) the parts of the contract must be divisible
(b) the part that can be specifically enforced is independent and separate from the other part
(c) both (a) and (b)
(d) neither (a) nor (b).

Contracts not specifically enforceable have been enumerated in
(a) section 14 of the Specific Relief Act, 1963
(b) section 13 of the Specific Relief Act, 1963
(c) section 12 of the Specific Relief Act, 1963
(d) section 11 of the Specific Relief Act, 1963.

Preventive relief is granted by the court, under section 36 of the Specific Relief Act, 1963
(a) by declarations
(b) by specific performance
(c) by injunctions
(d) either (a) or (b) or (c).

Section 36 of the Specific Relief Act, 1963, classifies injunction into
(a) two
(b) three
(c) four
(d) five.

Section 37 of the Specific Relief Act, 1963, provides that a perpetual injunction can be granted
(a) during the pendency of a suit
(b) by the decree
(c) both (a) and (b)
(d) either (a) or (b).

An injunction granted during the pendency of a suit, under section 37 of the Specific Relief Act, 1963 is known as a
(a) perpetual injunction
(b) mandatory injunction
(c) temporary injunction
(d) either (a) or,(c).

Under section 37 of the Specific Relief Act, 1963, a temporary injunction can be granted
(a) on or before the settlement of issues
(b) before the conclusion of plaintiff’s evidence
(c) before the conclusion of defendant’s evidence
(d) at any stage of the suit.

Grant of temporary injunctions by virtue of section 37 of the Specific Relief Act, 1963, is regulated by
(a) the Code of Civil Procedure, 1908
(b) the Indian Contract Act, 1872
(c) the Transfer of Property Act, 1882
(d) all the above.

The circumstances under which a perpetual injunction can be granted have been enumerated under
(a) section 36 of the Specific Relief Act, 1963
(b) section 37 of the Specific Relief Act, 1963
(c) section 38 of the Specific Relief Act, 1963
(d) section 39 of the Specific Relief Act, 1963.

On the principles laid down under section 38 of the Specific Relief Act, 1963, perpetual injunction can be granted in cases of
(a) contracts
(b) torts
(c) both (a) and (b)
(d) only (a) and not (b).

The principle of qua timet means
(a) some future probable injury to the rights or interests of a person
(b) some past injury to the rights or interests of a person
(c) some past injury to the rights or interests of a person requires
(d) some small injury capable of being estimated in money.

Grant of a mandatory injunction is regulated by
(a) section 38 of the Specific Relief Act, 1963 ;
(b) section 39 of the Specific Relief Act, 1963
(c) section 40 of the Specific Relief Act, 1963 .
(d) section 41 of the Specific Relief Act, 1963.

Law Question Papers

OBJECTIVE SAMPLE QUESTIONS ON THE TRANSFER OF PROPERTY ACT 1882 [1ST SET]

2 Jun 2018 Advocatetanmoy

1. Before the commencement of the Transfer of Property Act, 1882, the transfer of immovable properties in India were governed by the

(a) principles of English law and equity

(b) Indian Registration Act, 1908

(d) Indian Contract Act, 1872.

2. The courts, before the enactment of the Transfer of Property Act, 1882, were forcing to decide property disputes according to their own notion and justice and fairplay,

(a) because judges were making own laws

(b) because of absence of any specific statutory provisions on the property matters

(d) because judges were educated in British property laws.

3. Law Commission for the Transfer of Property matters was appointed in England and the Draft Bill prepared by the Commission was introduced in Legislative Council in

(a) 1870

(b) 1875

(d) 1882.

4. The Bill on Transfer of Property was referred to

(a) First Law Commission

(b) Second Law Commission

(d) Fourth Law Commission.

5. The Transfer of Property Act was enacted in the year

(a) 1880

(b) 1881

(d) 1883.

6. The Transfer of Property Act received its assent on

(a) 17th February, 1882

(b) 22nd February, 1882

(d) 27th February, 1882.

7. First Amendment was made in the Transfer of Property Act, 1882 in the year

(a) 1880

(b) 1883

(d) 1885.

8. The Transfer of Property Act, 1882, came into effect from

(a) 17th February, 1882

(b) 27th February, 1882

(d) 1st July, 1882.

9. The Transfer of Property Act, 1882, extends in first instance to the whole of India except:

(a) territories which, immediately before 1st November, 1956 were comprised in Part B States or in State of Bombay, Punjab and Delhi

(b) territories which immediately before 1st November, 1956, were comprised in Part B State or in States of Bombay, Bihar and West Bengal

(c) it extends in first instance to the whole of India except the territories which immediately before 1st November, 1956, were comprised in Part B States of Madras, West Bengal and Manipur

(d) it extends in first instance to the whole of India except the territories which immediately before 1st November, 1956 were comprised in Part B States of Assam, Manipur and Tripura.

10. According to the Transfer of Property Act, 1882 any State Government may from time to time exempt either any part of territories from all or any of sections

(a) 54, paragraphs 2 and 3, 59,107 and 123

(b) 54,107 and 123

(d) 54,107 and 113.

11. Within the meaning of provisions of the Transfer of Property Act, 1882, the immovable property does not include:

(a) standing timber or grass

(b) standing timber, jewellery and crops

(d) only grass.

12. According to Transfer of Property Act, 1882

(a) instrument means a non-testamentary instrument

(b) testamentary instrument

(d) none of the above.

13. Under the Transfer of Property Act, 1882, the term “attested” means

(a) attested by two or more witnesses

(b) attested by one witness only

(d) no condition prevails.

14. Under the Transfer of Property Act, 1882, registered pertains to

(a) registration of property

(b) registration of documents

(d) none of the above.

15. Under the Transfer of Property Act, 1882, “attached to earth” means:

(I) routed in the earth, as in the case of trees and shrubs;

(II) imbedded in the earth as in the case of walls and buildings; or

(III) attached to what is so imbedded for the permanent beneficial enjoyment of that to which it is attached.

(a) only (I) and (II) are correct

(b) only (II) and (III) are correct

(d) all (I), (II) and (III) are correct.

16. The chapters and sections of the Transfer of Property Act, 1882, which relate to contracts shall be part of:

(a) Indian Registration Act, 1908

(b) Sale of Goods Act, 1930

(d) Indian Contract Act, 1872.

17. Within the meaning of section 4 of the Transfer of Property Act, 1882 the provisions of sections 54, paragraphs 2 and 3, sections 59, 107 and 123 shall be read as supplemented to:

(a) Indian Contract Act, 1872

(b) Indian Registration Act, 1908

(d) Sale of Goods Act, 1930.

18. Chapter II of the Transfer of Property Act shall not be deemed to effect any rule of

(a) Mohammadan law

(b) Christian law

(d) none of the above.

19. According to section 5 of the Transfer of Property Act, 1882, living person includes:

(a) company or association or body of individuals

(b) individual human being only

(d) none of the above.

20. Under the provisions of section 6 of the Transfer of Property Act, 1882, the chance of an heir-apparent succeeding to an estate, the chance of a relation abstaining a legacy on the death of a kinsman, or any other mere possibility of like nature:

(a) cannot be transferred

(b) can be transferred

(d) none of the above.

21. Under the provisions of section 6 of the Transfer of Property Act, 1882, a mere right of re-entry for breach of a condition subsequent cannot be transferred to any one except the owner of the property affected thereby

(a) the statement is true

(b) the statement is false

(d) none of the above.

22. Under the provisions of the Transfer of Property Act, 1882, an easement cannot be transferred apart from the dominant heritage

(a) the statement is true

(b) the statement is false

(d) none of the above.

23. According to the provisions of the Transfer of Property Act, 1882, all interest in property restricted in its enjoyment to the owner personally cannot be transferred by him

(a) the statement is true

(b) the statement is false

(d) none of the above.

24. Under the provisions of section 6 of the Transfer of Property Act, 1882

(a) a right to future maintenance can be transferred

(b) cannot be transferred

(d) none of the above.

25. Under the provisions of the Transfer of Property Act, 1882

(a) a mere right to sue can be transferred

(b) a mere right to sue cannot be transferred

(d) none of the above.

26. Under the Transfer of Property Act, 1882

(a) the salary of a public officer can be transferred

(b) the salary of a public officer cannot be transferred

(d) none of the above.

27. Under the Transfer of Property Act, 1882

(a) a public office cannot be transferred

(b) a public office can be transferred

(d) none of the above.

28. Under the provisions of section 6 of the Transfer of Property Act, 1882, no transfer can be made for an unlawful object or consideration within the meaning of section 23 of the Indian Contract Act, 1872

(a) the statement is false

(b) the statement is true

(d) none of the above.

29. Under the provisions of section 7 of the Transfer of Property Act, 1882, the competent person to transfer means:

I. Every person competent to contract only;

II. Every person entitled to transferable property or authorised to dispose of transferable property.

(a) only (I) is correct

(b) both (I) and (II) are correct

(d) neither is correct.

30. The term “transfer” under the Transfer of Property Act, 1882, refers to

(a) partly or whole transfer

(b) absolute or conditional transfer

(d) both (a) and (b) are correct.

31. Under section 8 of the Transfer of Property Act, 1882 the legal incidents also includes-

(a) machinery attached to earth and the moveable parts thereof

(b) only machinery attached to earth

(d) none of the above.

32. Under the provisions of section 9 of the Transfer of Property Act, 1882 the transfer includes-

(a) also oral transfer

(b) written transfer only

(d) only (b) is correct.

33. Under the Transfer of Property Act, 1882, where a writing is not expressly required by law:

(a) a transfer of properties may be made without writing in every case

(b) a transfer of property is subject to only writing

(d) none of the above.

34. Under the Transfer of Property Act, 1882 the condition restraining alienation is provided in

(a) section 10

(b) section 9

(d) section 7.

35. Where in a Transfer of Property, an interest is created absolutely in favour of any person though the terms of the transfer direct that such interest shall be applied or enjoyed by him in a particular member:

(a) he shall be entitled to receive and dispose of such interest as if there were no such direction

(b) he shall not be entitled to interest

(d) none of the above.

36. Under section 12 of the Transfer of Property Act, 1882 where the transfer of property is subject to conditions or limitations making interest therein to the benefit of person to lease on his becoming involved or endeavouring to transfer or dispose of property, such condition is:

(a) valid

(b) void

(d) none of the above.

37. Provisions of section 12 of the Transfer of Property Act, 1882

(a) does not apply to lease condition in the benefit of the lessor

(b) does apply to a condition in a lease for the benefit of lessor

(d) none of the above.

38. The rules against the perpetuity is provided in section …….of the Transfer of Property

Act, 1882

(a) 14

(b) 15

(d) 17.

39. No transfer of property can operate to create an interest which is to take effect after the life time of one or more persons living at the date of such transfer. These provisions come under:

(a) rules against retrospective transfer only

(b) rules against perpetuity

(d) none of the above.

40. Under section 16 of the Transfer of Property Act, 1882 where an interest created for the benefit of a person or class of persons fails then:

(a) any interest created in the same transaction intended to take effect after

or upon failure of such prior interest also fails

(b) any interest created in the same transaction and intended to take effect after or upon failure of such prior interest does not fail

(d) none of the above.

41. Provision of longer period in the matter of accumulation of property under section 17 of the Transfer of Property Act, 1882 amounts to

(a) 18 years

(b) 20 years

(d) 25 years.

42. Under the provisions of section 17 of the Transfer of Property Act, 1882, the income arising from the property shall be accumulated either wholly or in part during a period

(a) longer than life of the transferor

(b) shorter than life of transferor

(d) none of the above.

43. Under the provisions of section 18 of the Transfer of Property Act, 1882, the provisions of some sections shall not apply in case of a transfer of property for the benefit of the public in the advancement of religion, knowledge, commerce, health, safety or any other object beneficial to mankind. These sections are:

(a) 13,14, 15 and 16

(b) 14,16 and 17

(d) 14,15 and 20.

44. The provision of vested interest is provided in:

(a) section 18 of the Transfer of Property Act, 1882

(b) section 19 of the Transfer of Property Act, 1882

(d) section 21 of the Transfer of Property Act, 1882.

45. According to the provisions of section 19 of the Transfer of Property Act, 1882

(a) the vested interest is not defeated by the death of the transferee before he obtains possession

(b) vested interest is defeated by the death of transferee before he obtains possession

(d) none of the above.

46. Under the provisions of the Transfer of Property Act, 1882, the unborn person acquires vested interest on transfer for his benefit:

(a) upon his birth

(b) 7 days after his birth

(d) no such provision is made in the Act.

47. Under the provisions of the Transfer of Property Act, 1882 an unborn person acquires vested interest on transfer upon his birth, although

(a) he may not be entitled to the enjoyment immediately on his birth

(b) he is entitled after 7 days after his birth

(d) none of the above.

48. In the context of contingent interest in case of happening of a uncertain event or if a specified uncertain event shall not happen, such person acquires a contingent interest in the property. Such interest

(a) becomes vested interest in the former case, on the happening of the event, in the later, when the happening of event becomes impossible

(b) does not become vested interest

(d) none of the above.

49. The provision of contingent interest is provided in:

(a) section 20 of the Transfer of Property Act, 1882

(b) section 21 of the Transfer of Property Act, 1882

(d) section 23 of the Transfer of Property Act, 1882.

50. Where interest on transfer of property is created in favour of members only of a class as shall attain a particular age:

(a) such interest does not vest in any member of the class who has not attained that age

(b) such interest vests in any member irrespective of class who has not attained that age

(d) none of the above.

51. A transfers property to B for life and after his death to C and D, equally to be divided between them or to the survivors of them. C dies during life of B. D survives B. At B’s death the property:

(a) shall pass to D

(b) shall pass to any person

(d) none of the above.

52. The provisions of conditional transfer is provided in the Transfer of Property Act, 1882

(a) section 25

(b) section 26

(d) section 29.

53. X transfers Rs. 500 to Y on condition that he shall execute a certain lease within three months after V’s death, and, if he should neglect to do so to Z. If Y dies in X’s life time.

(a) the disposition in favour of Z takes effect

(b) the disposition shall not take effect in favour of Z

(d) none of the above.

54. X marries to Y but in case she dies in his lifetime, he would transfer the property to Z. X and Y perish together, under circumstances which make it impossible to probe that she died before him. The disposition of property in favour of Z:

(a) does not take effect

(b) takes effect

(d) none of the above.

55. 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

(d) none of the above.

56. In case of transfer of property under the Transfer of Property Act, 1882, if the ulterior disposition is not valid then

(a) the prior disposition is affected by it

(b) the prior disposition is not affected by it

(d) none of the above.

57. A transfer a garden to B for her life, with a proviso that, in case B cuts down a certain wood, the transfer shall cease to have any effect. B cuts down the wood. Decide the case in the light of Transfer of Property Act, 1882

(a) B loses his life interest in the firm

(b) B does not lose his life interest in the firm

(d) none of the above.

58. Under the provisions of section 35 of the Transfer of Property Act, 1882, where a person professes to transfer property which he has no right to transfer, and as part of the same transaction confers any benefit on the owner of the property then

(a) such owner must elect either to confirm such transfer or to dissent from it

(b) such owner can elect to confirm such transfer only

(d) none of the above.

59. The foundation of doctrine of election under the Transfer of Property Act, 1882 is that a person taking the benefit of an instrument:

(a) must bear the burden

(b) must not bear the burden

(d) none of the above.

60. The rule of election under the Transfer of Property Act, 1882, as applied to Will is enacted in sections 180 and 192 of the:

(a) Indian Succession Act, 1925

(b) Indian Registration Act, 1908

(d) General Clauses Act, 1897.

61. A person is not put to his election, unless he has a proprietary interest in the property disposed off in derogation of his rights. This is the subject matter under provisions of:

(a) section 35 of the Transfer of Property Act, 1882

(b) section 35 of the Indian Registration Act, 1908

(d) General Clauses Act, 1897.

62. Section 37 of the Transfer of Property Act, 1882 refers to apportionment by estate. In this light, before the Transfer of Property Act, 1882, when a transfer was severed by the sale of shares in the version the tenant was still obliged to pay the rent to all shares jointly:

(a) unless an apportionment had been agreed to by all the parties

(b) any party is agreed by all the parties

(d) none of the above.

63. In the Transfer of Property Act, 1882, sections 33 to 37 apply to both immovable and movable property whereas sections 38 to 53 apply to:

(a) movable property only

(b) immovable property

(d) none of the above.

64. Provisions of section 38 of the Transfer of Property Act, 1882 does not apply to cases falling under:

(a) benamidars or ostensible owners who can give no title except by estoppel

(b) contingent transfer which is based on happening and not happening of certain events

(d) none of the above.

65. Section 38 of the Transfer of Property Act, 1882, has no application

(a) to previous transfer where the transaction is still incomplete

(b) to succeeding transfer where the transaction is to be completed in future

(d) none of the above.

66. Under section 39 of the Transfer of Property Act, 1882 the provision is made for transfer where the third person is entitled to maintenance. In this context the court held that right of maintenance, even of a Hindu widow, is an identified right which falls short of a charge. This was decided in case of:

(a) Ramanandan v. Rangammal, (1889) 12 Mad 260

(b) Ram Kumar v. Ram Dai, (1900) 22 All 326

(d) none of the above.

67. Right to maintenance under the provisions of section 39 of the Transfer of Property Act, 1882 includes the enhanced maintenance in future to these if there has been a material change in the circumstances. This was decided in case of:

(a) Adiveppa v. Tengawum, (1974) 2 Karn LJ 45

(b) Kaveri v. Parameswari, AIR 1971 Ker 216

(d) Pranlal v. Chapsey, AIR 1945 Bom 34.

68. Within the provisions of section 39 of the Transfer of Property Act, 1882 the word “maintenance” covers also residence. This was decided in case of:

(a) Kaveri v. Parameswari, AIR 1971 Ker 216

(b) Ramamurtlii v. Kanakaratnam, (1948) Mad 315

(d) Mama v. Bachchi, (1906) 26 All 655.

69. Within the meaning of provision under section 39 of the Transfer of Property Act, 1882 a woman is entitled to maintenance not only from the husband, but also from sons who are members of joint family. This was decided in case of:

(a) S. Periaswami v. Cliellaival, (1980) 1 Mad LJ 46

(b) Raghvan v. Nagamal, (1979) 1 Mad LJ 172

(d) Basudev Dei Sarkar v. Chhaya Dey Sarkar, AIR 1991 Cal 399.

70. Under the provisions of section 40 of the Transfer of Property Act, 1882, the right referred to in First Paragraph of this section refers to:

(a) right of transferer as against purchase from a transferee to restrain the breach of a negative covenant

(b) negative right of transferer as against purchaser from a transferee to restrain the breach of a negative covenant

(d) none of the above.

71. Within the meaning of section 40 of the Transfer of Property Act, 1882, the right referred to in First Paragraph of this section refers to:

(a) is not a transferee by operation of law

(b) is a transferee by operation of law

(d) none of the above.

72. The transfer by ostensible owner is provided in …….section of the Transfer of Property Act, 1882

(a) section 38

(b) section 39

(d) section 41.

73. With the express or implied consent of interested person in immovable property, a person is the ostensible owner of such property and transfers the same for consideration, then the transfer shall not be:

(a) voidable

(b) void

(d) none of the above.

74. The section 41 of the Transfer of Property Act, 1882 is the statutory application of the law of estoppel. The statement is

(a) true

(b) false

(d) none of the above.

75. Section 41 of the Transfer of the Property Act, 1882 applies to voluntary transfers and

has no application to:

(a) court sale

(b) contingent sale

(d) price less sale.

76. Under the provisions of section 41 of the Transfer of Property Act, 1882, these are some conditions:

(1) Transferer is the ostensible owner.

(2) He is so by the consent, express or implied, of the real owner.

(3) Transfer is for consideration.

(4) Transferee has acted in good faith, taking reasonable care to ascertain that the transferer had power to transfer.

(a) only (1) and (2) are required 81.

(b) only (1), (2) and (3) are required

(d) all are required. (D

77. Possession of a manager cannot be treated

as ostensible ownership with the consent of (2) the real owner. This was held in case of:

(a) Seshumulla M. Shah v. Sayed Abdul Rashid, AIR 1991 Kant 273

(b) Ved Kumar v. Union of India, AIR 1989 NOC 136

(d) B. Sitaram Rao v. Bibhushana, AIR 1978 Ori 222.

78. Inaccuracy in the recitals describing the property:

(a) cannot whitle down the effect of clear recitals in the documents about the

property to be sold thereby

(b) can whitle down the effect of clear recitals in the document about the property to be sold thereby

(d) none of the above.

79. Under section 42 of the Transfer of Property Act, 1882 if a person has a right to transfer property, after exercising a right to revoke a previous transfer, a transfer of such property by him will imply an exercise of:

(a) right of revocation

(b) right of transfer

(d) none of the above.

80. Section 43 of the Transfer of Property Act, 1882 enables a transferee to whom a transferer has made a fraudulent or erroneous representation to lay hold, at his option, of any interest:

(a) which the transferor may subsequently acquire with property, provided he does not adversely affect the right of any subsequent purchaser for value without notice

(b) which the transferee may rescind the proceeding

(d) none of the above.

81. In order to get the benefit of the section 43 of the Transfer of Property Act, 1882 some conditions are necessary:

(1) Contract of transfer was made by a person who was competent to contract.

(2) Contract would be subsisting at the time when a claim for recovery of the property is made.

(a) both (1) and (2) necessary

(b) only (1) is necessary

(d) none of the above.

82. Section 44 of the Transfer of Property Act, 1882, deals with:

(a) transfer by two co-owner

(b) transfer by one co-owner

(d) transfers by all co-owners.

83.When one of several co-owners transfers his share, the transferee acquires as against the other co-owners the same rights that of transferor had but is subject to any condition and liabilities affecting the share at the date of transfer. This is the provision under:

(a) section 40 of the Transfer of Property Act, 1882

(b)section 41 of the transfer of property Act,1882

(d) ) section 44 of the Transfer of Property Act, 1882

84. The provision for the joint transfer for consideration is dealt in:

(a) section 45 of the Transfer of Property Act, 1882

(b) section 46 of the Transfer of Property Act, 1882

(d) none of the above.

85. Presumption of equity pertains to:

(a) section 45 of the Transfer of Property Act, 1882

(b) section 46 of the Transfer of Property Act, 1882

(d) section 48 of the Transfer of Property Act, 1882.

86. Under the provisions of the Transfer of Property Act, 1882, where immovable property is transferred for consideration by persons having distinct interests therein, the transferors are:

(a) entitled to share in the considerations equally

(b) entitled to share unequally

(d) none of the above.

87. Where several co-owners of immovable property transfer a share therein without specifying that the transfer is to take effect on any particular share or shares of the transfers, the transfer, as among such transferors, takes effect on such share:

(a) inequally where the shares were equal and where they are unequal proportionally to the extent of such shares

(b) equally where the share were equal and where they are unequal proportionately to the extent of such shares

(d) none of the above.

88. Within the meaning of section 48 of the Transfer of Property Act, 1882, the transfer cannot prejudice the rights of the transferee by any subsequent dealing with the property. This self-evident proposition is expressed in

(a) equitable maxim qui prior est tempore potior est jure

(b) quid pro co

(d) none of the above.

89. The provision of improvements made by bona fide holders under defective titles is dealt in:

(a) section 50 of the Transfer of Property Act, 1882

(b) section 51 of the Transfer of Property Act, 1882

(d) none of the above.

90. A lessee cannot appeal to this section 51 of the Transfer of Property Act, 1882. The statement is

(a) true

(b) false

(d) none of the above.

91. Some conditions must be fulfilled before the equity provided in section 51, arises

(1) The person evicted must be transferee.

(2) The person must have made the improvements believing in good faith that he was absolutely entitled.

(a) only (1) is correct

(b) only (2) is correct

(d) none of the above.

92. A treepasser is not a transferee within the meaning of section 51 of the Transfer of Property Act, 1882 and he is not entitled to compensation for improvements. This was decided in:

(a) Daya Ram v. Shyam Sundari, (1965) 1 SCR 231

(b) Krishan Prasad v. Adyanath Ghatak, AIR 1944 Pat 77

(d) none of the above.

93. The terms good faith in section 51 of the Transfer of Property Act, 1882 is used in the light of

(a) Sale of Goods Act, 1930

(b) General Clauses Act, 1897

(d) Specific Relief Act, 1963.

94. Section 51 of the Transfer of Property Act, 1882, does not apply to

(a) court sale

(b) auction sale

(d) none of the above.

95. Within the meaning of section 51 of the Transfer of Property Act, 1882, the transferee:

(a) has lien on land for the value of improvements

(b) has no lien on the land for the value of improvements

(d) none of the above.

96. Section 52 of Transfer of Property Act, 1882 imposes a prohibition on transfer or otherwise dealing of any property during the pendency of a suit, provided the conditions laid down in section are satisfied. The statement is:

(a) false

(b) true

(d) none of the above.

97. The principle of lis pendens embodied in section 52 of the Transfer of Property Act, 1882 pertains to:

(a) bona fide purchase

(b) public policy

(d) none of the above.

98. Rule of lis pendens is applicable to suits for specific performance of contracts to transfer immovable property. The statement is:

(a) true

(b) false

(d) none of the above.

99. Rule of lis pendens is applicable to suits for specific performance of contracts to transfer immovable property. This statement is:

(a) false

(b) true

(d) none of the above.

100. In case of a transfer hit by the doctrine of lis pendens, the question of good faith which is essential to be established before a equitable relief can be granted in favour of a subsequent vendee under sections 41 or 51 of the Transfer of Property Act, 1882 is:

(a) relevant

(b) partly relevant

(d) partly irrelevant.

Law Question Papers

OBJECTIVE SAMPLE QUESTIONS ON THE INDIAN PENAL CODE[1ST SET ]

2 Jun 2018 Advocatetanmoy

1. The Fundamental principle of criminal liability is embodied in the maxim “actus non facit reum nisi mens sit rea”. The maxim was developed by:

(a) Equity Courts

(b) Common Law Courts

(d) none of the above.

2. ‘Wrongful gain’ means

(a) gain by lawful means of property which the person gaining is not entitled

(b) gain by unlawful means of property which the person gaining is not entitled

(d) all the above.

3. ‘Wrongful loss’ means

(a) loss by unlawful means of property which the person losing it, is legally entitled

(b) loss by lawful means of property which the person losing it is not legally entitled

(d) all the above.

4. The provision of personation at elections under section 171D of IPC

(a) shall apply to a person who has been authorised to vote as proxy for an elector under any law in force

(b) shall not apply to a person who has been authorised to vote as proxy for an elector under any law in force

(d) none of the above.

5. ‘Dishonestly’ has been defined as doing anything with intention to cause wrongful gain to one person & wrongful loss to another, under

(a) section 21

(b) section 23

(d) section 25.

6. ‘Fraudulently’ has been defined as doing anything with intent to defraud

(a) section 23

(b) section 25

(d) section 26.

7. When a criminal act is done by several persons in furtherance of the common intention of all

(a) each of such person is liable for that act in the same manner as if it were done by him alone

(b) each of such person is liable for his own overt act

(d) both (b) & (c).

8. Which among these Codes, is included in the Schedule to the Prevention of Money- Laundering Act, 2002.

(a) Civil Procedure Code

(b) Criminal Procedure Code

(d) none of these.

9. To establish section 34 of IPC

(a) common intention be proved but not overt act be proved

(b) common intention and overt act both be proved

(d) all the above.

10. Section 34 of IPC

(a) creates a substantive offence

(b) is a rule of evidence

(d) neither (a) nor (b).

11. ‘X’ & ‘Y’ go to murder ‘Z’. ‘X’ stood on guard with a spear in hand but did not hit ‘Z’ at all. Y killed ‘Z’

(a) only ‘Y’ is liable for murder of Z

(b) ‘X’ & ‘Y’ both are liable for murder of ‘Z’

(d) both (a) & (c).

12. ‘Voluntarily’ has been defined as an effect caused by means whereby a person intended to cause it or by means, at the time of employing those means, know or had reason to believe to be likely to cause it under

(a) section 39

(b) section 38

(d) section 40.

13. Under section 45 of IPC, life denotes

(a) life of a human being

(b) life of an animal

(d) life of either human being or animal.

14. Under section 46 of IPC, death denotes

(a) death of a human being

(b) death of an animal

(d) death of either human being or an animal.

15. Illegal signifies

(a) everything which is an offence

(b) everything which is prohibited by law

(d) all the above.

16. Animal denotes

(a) any living creature including human being

(b) any living creature other than a human being

(d) either (a) or (c).

17. How many types of punishments have been prescribed under the Indian Penal Code

(a) three

(b) six

(d) four.

18. Under section 60 of IPC, in certain cases of imprisonment, the sentence of imprisonment

(a) has to be wholly rigorous

(b) has to be wholly simple

(d) either (a) or (b).

19. Sentence of imprisonment for non-payment of fine under section 64 of IPC

(a) shall be in excess of any other imprisonment to which an offender has been sentenced

(b) shall be concurrent of any other imprisonment

(d) both (b) & (c).

20. Under section 65 of IPC sentence of imprisonment for non-payment of fine shall be limited to

(a) one-third of the maximum term of imprisonment fixed for the offence

(b) one-fourth of the maximum term of imprisonment fixed for the offence

(d) equal to the maximum term of imprisonment fixed for the offence.

21. In case of an offence punishable with fine only, imprisonment for non-payment of fine

(a) has to be rigorous

(b) has to be simple

(d) can be partly rigorous and partly simple.

22. Under section 498A of IPC cruelty includes

(a) harassment of the woman

(b) physical cruelty only

(d) cruelty by wife.

23. In case of an offence punishable with fine only, an offender who is sentenced to pay a fine of not exceeding Rs. 100 but exceeding Rs. 50, the imprisonment in default of payment of fine shall not exceed

(a) two months

(b) three months

(d) six months.

24. In case of an offence punishable with fine only, an offender who is sentenced to pay a fine exceeding Rs. 100, the imprisonment in default of payment of fine shall not exceed

(a) one year

(b) six months

(d) two months.

25. Section 64 of IPC provides for

(a) nature & maximum limit of imprisonment for non-payment of fine

(b) nature & minimum limit of imprisonment for non-payment of fine

(c) nature but does not prescribe any limit of imprisonment for non-payment of fine

(d) limit of imprisonment for non-payment of fine but does not prescribe the nature of imprisonment.

26. Imprisonment for non-payment of fine shall terminate

(a) on payment of fine

(b) on expiry of the term of imprisonment for non-payment

(d) neither (a) nor (b).

27. In case of imprisonment for non-payment of fine, if a part of the fine is paid, such sentence

(a) shall be reduced proportionately

(b) shall not be reduced in direct proportion to the fine paid

(d) all of the above.

28. Section 73 of IPC provides for the maximum limit of solitary confinement to be

(a) one year

(b) two years

(d) six months.

29. If an offender has been sentenced to imprisonment not exceeding six months, the solitary confinement

(a) shall not exceed 15 days

(b) shall not exceed one month

(d) shall not exceed forty-five days.

30. If an offender is sentenced to imprisonment for a term exceeding six months but not exceeding one year, the term of solitary confinement

(a) shall not exceed one month

(b) shall not exceed forty-five days

(d) shall not exceed three months.

31. If an offender is sentenced to imprisonment for a term exceeding one year, the term of solitary confinement shall not exceed

(a) one month

(b) two months

(d) six months.

32. Nothing is said to be done or believed to be done in goodfaith which is done or believed without due care & intention – is the definition of goodfaith contained in

(a) section 29 of IPC

(b) section 29A of IPC

(d) section 52A of IPC.

33. General exceptions are contained in

(a) chapter III of IPC

(b) chapter IV of IPC

(d) chapter VI of IPC.

34. Section 76 provides that nothing is an offence which is done by a person who is or who by reason of

(a) mistake of fact in good faith believes himself to be bound by law to do it

(b) mistake of law in good faith believes himself to be bound by law to do it

(d) all the above.

35. Under section 79, nothing is an offence which is done by a person who is justified by law or who by reason of mistake of fact in goodfaith believes himself to be

(a) bound by law to do it

(b) justified by law to do it

(d) all the above.

36. The maximum ‘ignorantia juris non excusat’ means

(a) ignorance of law is no excuse

(b) ignorance of fact is no excuse

(d) ignorance of fact is an excuse.

37. Section 76 & section 79 of IPC provide the general exception of

(a) mistake of law

(b) mistake of fact

(d) either mistake of law or of fact.

38. Accident as an exception has been dealt with in

(a) section 77

(b) section 78

(d) section 82.

39. Under section 80, the exception of accident is available when an offence is committed while

(a) doing a lawful act in a lawful manner by lawful means

(b) doing a lawful act in any manner by any means

(d) all the above.

40. The principle as to the way in which a man should behave when he has to make a choice between two evils is illustrated in

(a) section 80 of IPC

(b) section 81 of IPC

(d) section 78 of IPC.

41. The motive under section 81 of IPC should be

(a) prevention of harm to person

(b) prevention of harm to property

(d) either (a) or (b).

42. ‘Infancy’ as an exception has been provided under

(a) section 80

(b) section 81

(d) section 84.

43. Section 82 of IPC provides that nothing is an offence which is done by a child under

(a) six years of age

(b) seven years of age

(d) ten years of age.

44. Section 82 of IPC enunciates

(a) a presumption of fact

(b) a rebuttable presumption of law

(d) none of the above.

45. A person is stated to be partially incapax under section 83, IPC if he is aged

(a) above seven years and under twelve years

(b) above seven years and under ten years

(d) above seven years and under eighteen years.

46. Section 83 of IPC lays down

(a) a presumption of fact

(b) an inconclusive or rebuttable presumption of law

(d) irrebuttable presumption of fact.

47. Section 82 of IPC lays down the rule of

(a) wholly incapax

(b) partially incapax

(d) either (a) or (b).

48. Under section 82 & section 83 of IPC an offence is punishable if it is done by a child

(a) of below seven years of age

(b) of above seven years of age but below twelve years if he has not attained sufficient maturity and understanding

(d) all the above.

49. The maxim ‘actus nott facit rea nisi mens sit rea’ means

(a) crime has to be coupled with guilty mind

(b) there can be no crime without a guilty mind

(d) criminal mind leads to crime.

50.1. The physical aspect of crime is actus reas.

II. The mental aspect of crime is mens rea.

III. The motive is the desire to commit crime Which of the following is correct for the aforesaid

(a) I & II are correct but III is not correct

(b) only II & III

(d) all the above.

51. Section 84 of IPC provides for

(a) medical insanity

(b) legal insanity

(d) unsoundness of mind of any kind.

52. Irresistible impulse is a defence

(a) in India

(b) in England

(d) neither in India nor in England.

53. A hangman who hangs the prisoners pursuant to the order of the court is exempt from criminal liability by virtue of

(a) section 77 of IPC

(b) section 78 of IPC

(d) section 76 of IPC.

54. Insanity as a defence means that a person at the time of doing an act, by reason of unsoundness of mind is incapable of knowing

(a) the nature of the act

(b) that what he is doing is wrong

(d) either (a) or (b) or (c).

55. Which of the following is correct

(a) the burden of proof that the accused was not insane at the time of commission of offence is on the prosecution

(b) the burden of proving that the accused was insane at the time of commission of offence is on the accused

(d) it is a matter of inference to be drawn by the court on the facts proved by the prosecution.

56. For unsoundness of mind, the impairment of the cognitive faculty of mind to escape criminal liability

(a) must be total

(b) must be partial

(d) none of the above.

57. Intoxication as defence is contained in

(a) section 85 of IPC

(b) section 86 of IPC

(d) both (a) & (b).

58. For a defence of intoxication, to escape criminal liability, the degeneration of mental faculties

(a) must be total

(b) must be partial

(d) only (b) above is correct & (a) is incorrect.

59. For a defence of intoxication, to escape criminal liability, the intoxication

(a) can be self administered

(b) administered against his will or knowledge

(d) all the above.

60. In cases where the act involves a specific mens rea, in cases of intoxication under section 86 of IPC

(a) the existence of mens rea is presumed

(b) the specific mens rea is not presumed

(d) none of the above.

61. The doctrine ‘volenti non fit injuria’ is contained in

(a) section 87 of IPC

(b) section 88 of IPC

(d) all the above.

62. The defence of ‘consent’ applies to

(a) private wrongs

(b) public wrongs

(d) neither (a) nor (b).

63. The defence of ‘consent’ is restrictive in its applicability in cases involving

(a) alienable rights

(b) inalienable rights

(d) neither (a) nor (b).

64. The defence of ‘consent’ is not available in cases of

(a) consent to cause death

(b) consent to cause grievous hurt

(d) either (a) or (b).

65. Operation of consent to all offences, short of causing death intentionally, has been extended under

(a) section 88 of IPC

(b) section 90 of IPC

(d) section 87 of IPC.

66. Under section 89 the consent in respect of infants under 12 years of age or persons of unsound mind

(a) can be given by their guardians without any restriction

(b) can be given by the guardian subject to restrictions mutually agreed upon

(d) all the above.

67. The consent is not a valid consent under section 90

(a) if given under a fear of injury or misconception of fact

(b) if given by a person of unsound mind

(d) all the above.

68. Consent given under compulsion arising out of threat of injury

(a) excuses the causing of death

(b) excuses causing of any offence against the state punishable with death

(d) neither (a) nor (b).

69. The maxim ‘de minimus non curat lex’ means

(a) law would not take action on small & trifling matter

(b) law does not ignore any act which causes the slightest harm

(d) all the above.

70. The principle ‘de minimus non curat lex’ is contained in

(a) section 92 of IPC

(b) section 93 of IPC

(d) section 95 of IPC.

71. The right of private defence is contained in

(a) section 94 of IPC

(b) section 95 of IPC

(d) section 98 of IPC.

72. The right to private defence is based on the natural instinct of

(a) self-preservation

(b) self-respect

(d) self-reliance.

73. The right to private defence is

(a) unrestricted

(b) subject to restriction contained in section 99 of IPC

(d) subject to restrictions contained in any other provision of IPC.

74. Right to private defence is

(a) available under all circumstances

(b) available where there is time to have the recourse to the protection of public authorities

(d) all of the above.

75. The law on private defence in India

(a) is the same as in England

(b) is narrower than the one in England

(d) none of the above.

76. The right to private defence is available with respect to

(a) harm to body

(b) harm to movable property

(d) all the above.

77. Under section 98 right to private defence also is available against a

(a) person of unsound mind

(b) person who does not have maturity of understanding

(d) neither (a) nor (b).

78. Every person has a right of private defence of his own body and the body of any other person against any offence affecting the human body, has been provided

(a) under section 96 of IPC

(b) under section 97 of IPC

(d) under section 99 of IPC.

79. Every person has a right of private defence of his property or of any other person against certain offences affecting the property, has been provided

(a) under section 95 of IPC

(b) under section 96 of IPC

(d) under section 98 of IPC.

80. Right of private defence is not available

(a) to the aggressor

(b) to the person who is attacked

(d) only (a) & (c) are correct.

81. In a case of free fight between two parties

(a) right of private defence is available to both the parties

(b) right of private defence is available to individuals against individual

(d) right to private defence is available only to one party.

82. Under section 99, the right of private defence is

(a) not available at all against public servants engaged in the discharge of their lawful duties

(b) available under all circumstances against public servants engaged in the discharge of their lawful duties

(d) available against public servants only when their acts cause reasonable apprehension of damage to property.

83. Right to private defence under section 99

(a) extends to causing more harm than is necessary for the purpose of defence

(b) does not extend to causing more harm than is necessary for the purpose of defence

(d) restricts the harm caused to be less than the one necessary for the purpose of defence.

84. Right of private defence extends to causing death, under the circumstances laid down in

(a) sections 100 & 101 of IPC

(b) sections 101 & 102 of IPC

(d) sections 100 & 103 of IPC.

85. Right of private defence of the body extends to causing death has been dealt with under

(a) section 100 of IPC

(b) section 101 of IPC

(d) section 103 of IPC.

86. Right of private defence of property extending to causing death has been dealt with under

(a) section 103 of IPC

(b) section 102 of IPC

(d) section 100 of IPC.

87. In cases of assault causing reasonable apprehension of death or of grievous hurt, the right of private defence extends voluntarily

(a) causing grievous hurt

(b) causing death

(d) causing any harm other than death or grievous hurt.

88. In cases of assault with intention of committing rape or of gratifying unnatural lust, the right of private defence extends voluntarily

(a) causing any harm including death

(b) causing any harm other than death

(d) both (b) & (c).

89. In cases of kidnapping & abduction the right of private defence extends voluntarily causing

(a) any harm other than death

(b) any harm other than death & grievous hurt

(d) both (a) & (b).

90. In cases of robbery or dacoity, the right of private defence extends voluntarily causing

(a) any harm including death

(b) any harm other than death

(d) both (b) & (c).

91. Where a wrong doer commits house breaking by night, the right to private defence extends to voluntarily causing

(a) any harm other than death

(b) any harm including death

(d) either (a) or (c).

92. Where a wrong leads to mischief by fire on a building used as a human dwelling or a place for custody of property the right of private defence extends voluntarily causing

(a) any harm including death

(b) any harm other than death

(d) either (b) or (c).

93. Under section 102 of IPC the right to private defence of the body

(a) commences as soon as a reasonable apprehension of danger to the body arises and continues as long as that apprehension continues

(b) commences as soon as a reasonable apprehension of danger to the body arises and continues even after that apprehension ceases

(d) commences only when the assault is actually done & continues after the assailant has left.

94. Under section 105 of IPC, the right of private defence of property in cases of theft commences when a reasonable apprehension of danger to the property commences and

(a) continues till the offender has effected his retreat with the property

(b) continues till the assistance of public authorities is obtained

(d) all the above.

95. Section 106 of IPC extends the right of private defence, in case of apprehension of death, to causing

(a) any harm other than death to any innocent person

(b) any harm other than grievous hurt to any innocent person

(d) none of the above.

96. Chapter V of Indian Penal Code deals with

(a) abetment

(b) attempt

(d) religion.

97. Right of private defence is not available

(a) against any act which in itself is not an offence

(b) against any act which is not legal wrong

(d) all the above.

98. Section 97 of IPC extends the right of private defence of property, to the offence of

(a) cheating

(b) misappropriation

(d) criminal breach of trust.

99. Abetment under section 107 of IPC can be constituted by

(a) instigation

(b) conspiracy

(d) all the above.

100. Abettor is a person

(a) who commits the offence

(b) who instigates the commission of offence

(d) who is innocent.

EVIDENCE, Law Question Papers

OBJECTIVE SAMPLE QUESTIONS ON THE INDIAN EVIDENCE ACT [1ST SET ]

2 Jun 2018 Advocatetanmoy

Indian Evidence Act was drafted by
(a) Lord Macaulay
(b) Sir James F. Stephen
(c) Huxley
(d) Sir Henry Summer Maine.
The law of evidence consists of
(a) ordinary rules of reasoning
(b) legal rules of evidence
(c) rules of logic
(d) all the above.
Relevancy and admissibility under the
Indian Evidence Act are
(a) synonymous
(b) co-extensive
(c) neither synonymous nor co-extensive
(d) synonymous & co-extensive both.
‘Self-regarding’ statements
(a) can be self-serving statements
(b) can be self-harming statements
(c) can be self-serving or self-harming
(d) none of the above.
What is correct as regards the admissibility of self-regarding statements
(a) self-harming statement is admissible but a self-serving statement is not generally admissible
(b) self-serving statement is admissible but a self-harming statement is not generally admissible
(c) self-serving and self-harming statements both are generally admissible
(d) self-serving and self-harming statements both are generally inadmissible.
Under the law of evidence, as a general rule
(a) opinion on a matter of fact is relevant but not on a matter of law
(b) opinion on a matter of law is relevant but not on a matter of fact
(c) opinion on a matter of fact and law both are relevant
(d) opinion whether on a matter of fact or law, is irrelevant.
Indian Evidence Act applies to
(a) proceedings before tribunals
(b) proceedings before the arbitrator
(c) judicial proceedings in courts
(d) all the above.
Law of evidence is
(a) lex tallienis
(b) lex fori
(c) lex loci solutionis
(d) lex situs.
Law of evidence is
(a) a substantive law
(b) an adjective law
(c) both (a) & (b)
(d) neither (a) nor (b).
Facts can be
(a) physical facts
(b) psychological facts
(c) physical as well as psychological facts
(d) only physical facts & not psychological facts.
Under the Evidence Act, fact means
(a) factum probandum
(b) factum probans
(c) both factum probandum and factum probans
(d) none of the above.
Fact in issue means
(a) fact, existence or non-existence of which is admitted by the parties
(b) fact, existence or non-existence of which is disputed by the parties
(c) fact existence or non-existence of which is not disputed by the parties
(d) all the above.
Evidence under the Indian Evidence Act means & includes
(a) ocular evidence
(b) documentary evidence
(c) ocular and documentary evidence both
(d) ocular evidence based on documents only.
Propositions under Evidence Act are
I. Affidavit is an evidence.
II. Everything produced before the court for inspection is evidence.
III. Anything of which judicial notice can be taken is evidence.
IV. Written statement of an accused is evidence. Which of the following is true in respect of the aforesaid propositions
(a) I, II, III & IV all are correct
(b) I, II & III are correct but IV is incorrect
(c) I, II & IV are correct but III is incorrect
(d) I, II & IV are incorrect but III is correct
(e) I & II are correct but III & IV are incorrect
(f) I is incorrect but II, III & IV are correct.
Proof of a fact depends on
(a) accuracy of the statement and not upon the probability of its existence
(b) not upon the accuracy of the statement but upon the probability of its existence
(c) artificial probative value assigned to a fact
(d) rigid mathematical demonstration.
Standard of proof in
(a) civil and criminal cases is the same
(b) criminal cases is much more higher than in civil cases
(c) criminal case is lower than in civil cases
(d) either (a) or (c) are correct
Presumptions under the law of evidence are
(a) presumption of facts
(b) presumptions of law
(c) both (a) & (b)
(d) only (b) & not (a).
Propositions under Evidence Act are
I. Presumptions of facts are always rebuttable
II. Presumption of facts can be either rebuttable or irrebuttable
III. Presumption of law are always irrebuttable
IV. Presumption of law can be either rebuttable or irrebuttable.
Which is true of the aforesaid propositions
(a) I & III are correct but II & IV are incorrect
(b) I & IV are correct but II & III are incorrect
(c) II & III are correct but I & IV are incorrect.
(d) II & IV are correct but I & III are incorrect.
Under the law of evidence, the relevant fact
(a) must be legally relevant
(b) must be logically relevant
(c) must be legally & logically relevant
(d) must be legally & logically relevant and admissible.
Relevancy is
(a) question of law and can be raised at any time
(b) question of law but can be raised at the first opportunity
(c) question of law which can be waived
(d) question of procedure which can be waived.
Question of mode of proof is
(a) a question of law which can be raised at any time
(b) a question of procedure but has to be raised at the first opportunity and stands waived if not raised at the first opportunity
(c) a question of procedure & can be raised at any time
(d) a mixed question of law & fact.
Which of the following documents are not admissible in evidence
(a) documents improperly procured
(b) documents procured by illegal means
(c) both (a) & (b)
(d) neither (a) nor (b).
The facts which form part of the same transaction are relevant
(a) under section 5 of Evidence Act
(b) under section 6 of Evidence Act
(c) under section 7 of Evidence Act
(d) under section 8 of Evidence Act.
A fact forming part of the same transaction is relevant under section 6 of Evidence Act
(a) if it is in issue and have occurred at the same time & place
(b) if it is in issue and may have occurred at different times & places
(c) though not in issue and may have occurred at the same time & place or at different times & places
(d) though not in issue, must have occurred at the same time & place.
Several classes of facts, which are connected with the transaction(s) in a particular mode, are relevant
(a) under section 6 of Evidence Act
(b) under section 7 of Evidence Act
(c) under section 8 of Evidence Act
(d) under section 9 of Evidence Act.
Motives of preparation and conduct are I relevant
(a) under section 6 of Evidence Act
(b) under section 7 of Evidence Act
(c) under section 8 of Evidence Act
(d) under section 9 of Evidence Act.
Under section 8 of Evidence Act
(a) motive is relevant
(b) preparation is relevant
(c) conduct is relevant
(d) all the above.
For conduct to be relevant under section 8 of Evidence Act, it
(a) must be previous
(b) must be subsequent
(c) may be either previous or subsequent
(d) only subsequent & not previous.
Facts which are necessary to explain or introduce relevant facts of place, name, date, relationship & identity of parties are relevant
(a) under section 8 of Evidence Act
(b) under section 9 of Evidence Act
(c) under section 10 of Evidence Act
(d) under section 11 of Evidence Act.
Under section 9 of Evidence Act
(a) the identification parades of suspects are relevant
(b) the identification parades of chattels are relevant
(c) both (a) & (b) are relevant
(d) only (a) & not (b) is relevant.
Identification of a suspect by photo is
(a) admissible in evidence
(b) not admissible in evidence
(c) section 9 of Evidence Act excludes identification by photo
(d) section 8 of Evidence Act excludes identification by photo.
Things said or done by a conspirator in reference to the common design is relevant
(a) under section 12 of Evidence Act
(b) under section 6 of Evidence Act
(c) under section 10 of Evidence Act
(d) under section 8 of Evidence Act.
A confession made by a conspirator involving other members is relevant against the co-conspirator jointly tried with him and is admissible
(a) under section 8 of Evidence Act
(b) under section 10 of Evidence Act
(c) under section 30 of Evidence Act
(d) both (b) & (c).
Alibi is governed by
(a) section 6 of Evidence Act
(b) section 8 of Evidence Act
(c) section 15 of Evidence Act
(d) section 11 of Evidence Act.
Transaction and instances relating to a right or custom are relevant
(a) under section 6 of Evidence Act
(b) under section 8 of Evidence Act
(c) under section 10 of Evidence Act
(d) under section 13 of Evidence Act.
Section 13 of Evidence Act applies to
(a) corporal rights
(b) incorporal rights
(c) both corporal and incorporal rights
(d) neither (a) nor (b).
Section 13 of Evidence Act
(a) is confined to public rights & does not cover private rights
(b) is not confined to public rights and covers private rights also
(c) is confined to private rights and does not cover public rights
(d) either (a) or (c) is correct.
Mode of proof of a custom is contained in
(a) section 32(4) of Evidence Act
(b) section 32(7) of Evidence Act
(c) section 48 of Evidence Act
(d) all the above.
Section 14 of Evidence Act makes relevant the facts which show the existence of
(a) any state of mind
(b) any state of body or bodily feeling
(c) either state of mind or of body or bodily feeling
(d) a particular state of mind and a state of body.
Under section 14 of Evidence Act – Explanation I
(a) evidence of general disposition, habit or tendencies is inadmissible
(b) evidence having a distinct and immediate reference to the particular matter in question is admissible
(c) both (a) & (b) are correct
(d) both (a) & (b) are incorrect.
Previous conviction of a person is relevant under
(a) explanation I to section 14 of Evidence Act
(b) explanation II to section 14 of Evidence Act
(c) explanation III to section 14 of Evidence Act
(d) explanation IV to section 14 of Evidence Act.
Multiple Choice Questions for Judicial Service Examination
Under section 15 of Evidence Act, facts showing series of similar occurrences, involving the same person are relevant
(a) when it is uncertain whether the act is intentional or accidental
(b) when it is certain that the act is with guilty knowledge
(c) when it is certain that the act is done innocently
(d) either (b) or (c).
Admission has been defined as a statement made by a party or any person connected with him, suggesting any inference as to a fact in issue or relevant fact under certain circumstances, under
(a) section 16 of Evidence Act
(b) section 17 of Evidence Act
(c) section 18 of Evidence Act
(d) section 19 of Evidence Act.
Admissions
(a) must be examined as a whole and not in parts
(b) can be examined in parts
(c) can be examined as a whole or in parts
(d) both (b) & (c) are correct.
Admissions bind the maker
(a) in so far as it relates to facts
(b) in so far as it relates to question of law
(c) both on questions of facts & of law
(d) neither (a) nor (b).
Admissions
(a) must be in writing
(b) must be oral
(c) either oral or in writing
(d) only in writing & not oral.
Admission to be relevant
(a) must be made to the party concerned & not to a stranger
(b) must be made to a stranger
(c) it is immaterial as to whom admission is made and an admission made to a stranger is relevant
(d) it is immaterial to whom the admission is made but must be made to someone intimately connected & not a stranger.
Propositions under Evidence Act are
I. Statement is a genus, admission is a species
& confession is a sub species.
II. Statement & admission are species & confession is a sub species.
III. Statement & admission are genus & confession is a species.
In this context which of the following is correct
(a) I is correct, II & III are incorrect
(b) I & II are correct & III is incorrect
(c) II & III are correct & I is incorrect
(d) III is correct & I & II are incorrect.
Admission can be
(a) formal only
(b) informal only
(c) either formal or informal
(d) only formal & not informal.
Admissions
(a) are conclusive proof of the matters admitted
(b) are not conclusive proof of the matters admitted but operate as estoppel
(c) are conclusive proof of the matter and also operate as estoppel
(d) both (a) & (c) are correct.
Persons who can make admissions are mentioned in
(a) section 17 of Evidence Act
(b) section 20 of Evidence Act
(c) section 19 of Evidence Act
(d) section 18 of Evidence Act.
Admissions by agents are
(a) admissible in civil proceedings under all circumstances
(b) admissible in civil proceedings only if the agent has the authority to make admissions
(c) never admissible in criminal proceedings
(d) both (b) & (c).
Admissions made by a party are evidence against
(a) privies in blood
(b) privies in law
(c) privies in estate
(d) all the above.
Which of the following admission is no evidence
(a) an admission by one of the several defendants in a suit against another defendant
(b) an admission by a guardian ad litem against a minor
(c) an admission by one of the partners of a firm against the firm or other partners
(d) only (a) & (b).
When the liability of a person who is one of the parties to the suit depends upon the liability of a stranger to the suit, then an admission by the stranger in respect of his liability shall be an admission on the part of that person who is a party to the suit. It has been so provided
(a) under section 21 of Evidence Act
(b) under section 20 of Evidence Act
(c) under section 19 of Evidence Act
(d) under section 17 of Evidence Act.
In a reference made over a disputed matter to a third person, the declaration so made by that person shall be an evidence against the party making a reference, by virtue of
(a) section 17 of Evidence Act
(b) section 19 of Evidence Act
(c) section 20 of Evidence Act
(d) section 21 of Evidence Act.
Communication made ‘without prejudice’ are protected
(a) under section 22 of Evidence Act
(b) under section 23 of Evidence Act
(c) under section 24 of Evidence Act
(d) under section 21 of Evidence Act.
Confession caused by inducement, threat or promise is contained in
(a) section 24 of Evidence Act
(b) section 25 of Evidence Act
(c) section 26 of Evidence Act
(d) section 27 of Evidence Act.
Section 24 of Evidence Act applies
(a) when the inducement, threat or promise comes from a person in authority
(b) when the inducement is of a temporal kind
(c) when the inducement is spiritual or religious
(d) only (a) & (b) are correct.
A confession made to a police officer is inadmissible under
(a) , section 24 of Evidence Act
(b) section 25 of Evidence Act
(c) section 26 of Evidence Act
(d) section 27 of Evidence Act.
A confession to be inadmissible under section 25 of Evidence Act
(a) must relate to the same crime for which he is charged
(b) must relate to another crime
(c) may relate to the same crime or another crime
(d) only (a) is correct and (b) is incorrect.
Which of the following is not given by section 25 of Evidence Act
(a) confessions made to custom officers
(b) confession made to a member of Railway Protection Force
(c) confession made to an officer under FERA
(d) all the above.
A retracted confession
(a) can be made solely the basis of conviction
(b) cannot be made solely the basis of conviction under any circumstances
(c) can not be made solely the basis of conviction unless the same is corroborated
(d) both (a) & (c) are incorrect.
A confession made by a person while in police custody is inadmissible as per
(a) section 25 of Evidence Act
(b) section 26 of Evidence Act
(c) section 27 of Evidence Act
(d) section 30 of Evidence Act.
A confession made while in police custody is admissible under section 26 of Evidence Act
(a) if made in the presence of a doctor
(b) if made in the presence of a captain of a vessel
(c) if made in the presence of a Magistrate
(d) all the above.
Section 27 control
(a) section 24 of Evidence Act
(b) section 25 of Evidence Act
(c) section 26 of Evidence Act
(d) all the above.
Section 27 applies to
(a) discovery of some fact which the police had not previously learnt from other sources and was first derived from the information given by the accused
(b) discovery of some fact which the police had previously learnt from other sources
(c) discovery of some fact which the police had previously learnt from other sources and the accused has also given information regarding the same
(d) all the above.
Under section 27 of Evidence Act, ‘discovery of fact’ includes
(a) the object found
(b) the place from where it is produced
(c) both (a) & (b)
(d) neither (a) nor (b).
Section 27 of Evidence Act applies
(a) when the person giving information is an accused but not in police custody
(b) when the person giving information is an accused and is in police custody
(c) when the person is in police custody but not an accused
(d) when the person is neither in police custody nor an accused.
Under section 27 of Evidence Act
(a) the whole statement is admissible
(b) only that portion which distinctly relates to the discovery is admissible
(c) both are admissible depending on the facts & circumstances of the case
(d) only (a) & not (b).
Facts discovered in consequences of a joint information
(a) are not admissible and can not be used against any of the accused person
(b) are admissible and can be used against any one of the accused person
(c) are admissible and can be used against all the accused persons
(d) both (a) & (c) are correct.
Confession of an accused is admissible against the other co-accused
(a) under section 28 of Evidence Act
(b) under section 29 of Evidence Act
(c) under section 30 of Evidence Act
(d) under section 31 of Evidence Act.
Confession of one accused is admissible against co-accused
(a) if they are tried jointly for the same offences
(b) if they are tried jointly for different offences
(c) if they are tried for the same offences but not jointly
(d) if they are tried for different offences and not jointly.
Confession of a co-accused, not required to be on oath and cannot be tested by cross- examination
I. is no evidence within the meaning of section 3 of Evidence Act and cannot be the foundation of a conviction
II. the only limited use which can be made of a confession of a co-accused is by way of furnishing an additional reason for believing such other evidences as exists
III. it is a very weak type of evidence and is much weaker even than the evidence of an approver.
In the aforesaid propositions
(a) all I, II & III are correct
(b) only I & III are correct
(c) only I & II are correct
(d) only II & III are correct.
‘Necessity rule’ as to the admissibility of evidence is contained in
(a) section 31 of Evidence Act
(b) section 32 of Evidence Act
(c) section 60 of Evidence Act
(d) section 61 of Evidence Act.
Necessity rule as to the admissibility of evidence is applicable, when the maker of a statement
(a) is dead or has become incapable of giving evidence
(b) is a person who can be found but his attendance can not be procured without unreasonable delay or expenses
(c) is a person who can not be found
(d) all the above.
Under section 32 of Evidence Act, a statement of a person who is dead, to be admissible
(a) must relate to the cause of his own death
(b) may relate to the cause of someone else’ death
(c) may relate to the cause of his own death or someone else’ death
(d) both (b) & (c) are correct.
The person whose statement is admitted under section 32 of Evidence Act
(a) must be competent to testify
(b) need not be competent to testify
(c) may or may not be competent to testify
(d) only (a) is correct and (b) & (c) are incorrect.
A dying declaration is admissible
(a) only in criminal proceedings
(b) only in civil proceedings
(c) in civil as well as criminal proceedings both
(d) in criminal proceedings alone & not in civil proceedings.
A dying declaration
(a) can form the sole basis of conviction without any corroboration by independent evidence
(b) can form the basis of conviction only on corroboration by independent witness
(c) cannot form the sole basis of conviction unless corroborated by independent witness
(d) only (b) & (c) are correct.
A dying declaration to be admissible
(a) must be made before a Magistrate
(b) must be made before the police officer
(c) may be made before a doctor or a private person
(d) may be made either before a magistrate or a police officer or a doctor or a private person.
Declaration in course of business are admissible
(a) under section 32(1) of Evidence Act
(b) under section 32(2) of Evidence Act
(c) under section 32(4) of Evidence Act
(d) under section 32(7) of Evidence Act.
Declaration as to custom are admissible
(a) under section 32(1) of Evidence Act
(b) under section 32(2) of Evidence Act
(c) under section 32(4) of Evidence Act
(d) under section 32(7) of Evidence Act.
Under section 32(4) of Evidence Act, the declaration
(a) as to public rights & customs are admissible
(b) as to private rights & customs are admissible
(c) as to both public and private rights and customs are admissible
(d) only as to customs are admissible.
Opinions of experts are relevant
(a) under section 45 of Evidence Act
(b) under section 46 of Evidence Act
(c) under section 47 of Evidence Act
(d) under section 48 of Evidence Act.
Under section 45 of Evidence Act, the opinion of expert can be for
(a) identity of hand writing
(b) identity of finger impression
(c) both (a) & (b)
(d) neither (a) nor (b).
Under section 45 of Evidence Act the opinion of expert can be on the question of
(a) Indian law
(b) Foreign law
(c) both (a) & (b)
(d) only (a) & not (b).
Opinion of an expert under section 45 of Evidence Act
(a) is a conclusive proof
(b) is not a conclusive proof
(c) is supportive & corroborative in nature
(d) either (a) or (c).
A disputed handwriting can be proved
(a) by calling an expert
(b) by examining a person acquainted with the handwriting of the writer of the questioned document
(c) by comparison of the two-admitted & disputed handwritings
(d) all the above.
The res inter alia acta is receivable
(a) under section 45 of Evidence Act
(b) under section 46 of Evidence Act
(c) under section 47 of Evidence Act
(d) under section 48 of Evidence Act.
Entries in the books of accounts regularly kept in the course of business are admissible under section 34 of Evidence Act
(a) if they by themselves create a liability
(b) if they by themselves do not create a liability
(c) irrespective of whether they themselves create a liability or not
(d) either (a) or (b).
When the court has to ascertain the relationship between one person and another, the opinion of any person having special means of knowledge and expressed by conduct is admissible
(a) under section 51 of Evidence Act
(b) under section 50 of Evidence Act
(c) under section 52 of Evidence Act
(d) under section 49 of Evidence Act.
The relationship in section 50 of Evidence Act means
(a) relationship by blood only
(b) relationship by blood or marriage
(c) relationship by blood or marriage or adoption
(d) only (a) and not (b) & (c).
Opinion as to relationship of marriage under section 50 of CPC
(a) is admissible in cases of offences against marriage
(b) is admissible in proceedings under Indian Divorce Act
(c) is admissible both in (a) & (b)
(d) is neither admissible in cases of offences against marriage nor in proceedings under Indian Divorce Act
Propositions under Evidence Act are
I. In civil cases, character evidence is inadmissible unless the character of a party is a fact in issue.
II. In criminal cases, the evidence of good character is admissible generally.
III. In criminal proceedings, evidence of bad character is inadmissible unless the same is a fact in issue.
IV. In criminal proceedings evidence of bad character is admissible when evidence of good character has been given. In relation to the above propositions which of the following is correct statement
(a) all the four (I, II, III & IV) are correct
(b) I, II & III are correct but IV is incorrect
(c) I & II are correct but III & IV are incorrect
(d) I & III are correct but II & IV are incorrect
(e) I, II & IV are correct but III is incorrect
(f) II, III & IV are correct but I is incorrect.
Facts of which the judicial notice is to be taken are stated in
section 56 of Evidence Act
section 57 of Evidence Act
section 58 of Evidence Act
section 55 of Evidence Act.
List of facts of which the judicial notice has to be taken under section 57 of Evidence Act
(a) is exhaustive
(b) is illustrative only
(c) is both (a) & (b)
(d) is neither (a) nor (b).
Facts which need not be proved by the parties include
(a) facts of which judicial notice has to be taken
(b) facts which have been admitted by the parties at or before the hearing
(c) both (a) & (b)
(d) neither (a) nor (b).
The court may in its discretion call for proving the facts
(a) of which judicial notice has to be taken
(b) which have been admitted otherwise than such admissions
(c) both (a) & (b)
(d) neither (a) nor (b).
Oral evidence under section 60 of Evidence Act may be
(a) direct only
(b) hearsay
(c) both (a) & (b)
(d) either (a) or (b).

Criminal, Law Question Papers

OBJECTIVE SAMPLE QUESTIONS ON THE CODE OF CRIMINAL PROCEDURE, 1973 [3RD SET ]

2 Jun 2018 Advocatetanmoy

1. Point out incorrect response under Cr. P.C.–
(a) Inquiry is conducted by the Court (b) Inquiry is conducted after framing of charge
(c) Inquiry is conducted prior of framing of charge (d) Inquiry is conducted by the Magistrate (Ans : b)

2. 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 without a remand order
(d) In not required to produce accused before Magistrate (Ans : b)

3. Which of the following sentence may be passed by a Magistrate of second class? (Utch. C.J.)
(a) Imprisonment for a term not exceeding two years (b) Imprisonment for a term not exceeding one years
(c) Imprisonment for a term not exceeding six months (d) Only a fine not exceeding five thousand rupees (Ans : b)

4. The Chief Judicial Magistrate may pass a
(a) Sentence of imprisonment not exceeding 7 years (b) Sentence for life imprisonment
(c) Death sentence (d) Sentence of imprisonment exceeding seven years (Ans : a)

5. A private person may arrest any person who
(a) Is reported to be a criminal (b) In his presence commits a non-cognizable offence
(c) In his presence commits a bailable offence (d) In his presence commits a cognizable and non-bailable offence (Ans : d)

6. A person arrested by a police officer may be kept in custody for
(a) Two days (b) Three days (c) Twenty four hours (d) One week (Ans : c)

7. How are summons served?
(a) By a police officer (b) By an officer in Court (c) By an authorized public servant (d) By any of above (Ans : d)

8. To set aside forfeiture under section 96 of Criminal Procedure Code application may be given to
(a) Session Court (b) The High Court (c) Supreme Court (d) The any of these (Ans : b)

9. In which case the supreme Court held that section 125 Cr. P.C. was applicable to all irrespective of their religion?
(a) Mohd. Umar Khan Vs. Gulshan Begum (b) Mohd. Ahmad Khan Vs. Shah Bano Begum
(c) Mst. Zohara Khattoon Vs. Modh. Ibrahim (d) Noor Saba Khatoon Vs. Mohd. Quasim (Ans : b)

10. No wife shall be entitled to receive maintenance from her husband under section 125 of Cr. P.C. if– (U.P.P.C.S.J.)
(a) She has obtained a divorce from her husband and has not remarried (b) She is unable to maintain herself
(c) She refused to live with her husband on ground that keeps a mistress (d) She is living in adultery (Ans : d)

11. Which section of Cr. P.C. provides that no statement made by any person to police officer in course of an investigation shall, if reduced to writing be signed by person making it? (U.P.A.P.O.)
(a) Section 164 (b) Section 163 (c) Section 162 (d) Section 161 (Ans : c)

12. Point out incorrect answer
First Information Report means–
(a) Report about cognizable offence (b) Information given to police officer
(c) Information first in point of time (d) It must always be given in writing (Ans : d)

13. Under section 198 of the Code of Criminal Procedure, the court can take cognizance of any offence laid down under section 497 and 498 to the Indian Penal Code on complaint of– (M.P.A.P.O.)
(a) Husband of woman (b) Father of woman (c) Mother of woman (d) Any of these (Ans : d)

14. Which one of the following orders can be passed after trail of a case is over? (Utch. C.J.)
(a) Only an order of acquittal (b) Only an order of conviction
(c) Order of discharge (d) Either an order of acquittal or conviction (Ans : d)

15. Who can withdraw a case from the prosecution under Section 321, Cr. P.C.? (Utch. C.J.)
(a) The State Government (b) Public Prosecutor Incharge of a case with permission of court
(c) Public Prosecutor Incharge of a case even without permission of court (d) All of these (Ans : b)

16. The Court can record demeanour of a witness person can himself be competent witness? (Utch. C.J.)
(a) Section 280 (b) Section 279 (c) Section 278 (d) Section 281 (Ans : a)

17. Whenever a Magistrate is of opinion after hearing evidence for the prosecution and accused that accused is guilty and that he ought to receive a severe punishment then such Magistrate is empowered to inflict, the Magistrate may forward case to?
(a) The Session Judge (b) The Chief Judicial Magistrate
(c) The District Magistrate (d) Concerned police station (Ans : b)

18. Which of the following offence is not compoundable?
(a) Offence under section 323 I.P.C. (b) Offence under section 334 I.P.C.
(c) Offence under section 448 I.P.C. (d) Offence under section 307 I.P.C. (Ans : d)

19. There shall be no appeal by a convicted person where a Magistrate of first class passes only a Sentence of fine, not exceeding?
(a) One hundred rupees (b) Two hundred rupees
(c) Three hundred rupees (d) Two hundred and fifty rupees (Ans : a)

20. In one trial A is awarded with sentence, which is notappealable, whereas sentence against B is appealable, whether A can file an appeal against his sentence–
(a) No (b) Only with special leave (c) Yes (d) There is no such provision (Ans : c)

1.The object of investigation is
(a) To arrest the accused (b) To punish the accused (c) To collect evidence against the accused (d) None of these

Ans: C
2.Which of the following offence was made non bailable by the Cr.P.C. Amendment Act 2005?
(a) 325 (b) 353 (c) 328 (d) 331

Ans: B
3.Which one of the following proceedings is known as judicial proceeding?
(a) Investigation (b) Enquiry and Investigation
(c) Enquiry and Trial (d) Trial and Investigation

Ans: C
4.In a first information an offence is cognizable and other is non-cognizable. The whole case shall be deemed to be (a) Cognizable (b) Non-cognizable
(c) It is to be seen whether it is a Warrant case
(d) It is to be seen whether it is a summons case

Ans: A

5.In the Indian Constitution Criminal Procedure is included in the
(a) Concurrent list (b) Union list (c) State list (d) Either a. or b.

Ans: A

6.Which of the following section inserted as per the Cr.P.C. (Amendment) Act 2005?
(a) 105A (b) 166 A (c) 50 A (d) 433A

Ans: C

7.Offence under S. 324 is
(a) Compoundable (b) Non-Compoundable
(c) Compoundable with permission of court (d) Non of these

Ans:C

8.In which of the following Cases the Supreme court has held that the Magistrate has ample powers to direct the officer in charge of the concerned police station to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same
(a) CBI Vs State of Rajasthan (b) . Sakiri Vasu Vs State of U.P
(c) Manjt Pal Singh Vs State of Punjab (d) . Ramachandran Vs Udaya Kumar

Ans: b

9.In computing the period limitation in a criminal case,
(a) The day from which such period is to be computed shall not be excluded.
(b) The day from which such period is to be computed shall be excluded.
(c) The day from which such period is to be computed shall either be excluded or include
(d) d. None of these.

Ans: B

10.A report made by a police officer in a case which discloses a commission of a non cognizable offence after investigation shall deemed to be
(a) Police report (b) Charge sheet (c) Complaint (d) Final report

Ans: C
11. All the proceedings for the collection of evidence conducted by a police officer under Cr.P.C. is called
(a) Inquiry (b) Local inspection (c) Investigation (d) Judicial proceeding

Ans: C

12. An investigation into an offence cannot be conducted by
(a) Magistrate (b) A person authorized by a magistrate other than a police officer
(c) Both a. and b. (d) None of these

Ans: A

13. Any proceedings in the course of which evidence is taken on oath is called
(a) Inquiry (b) Investigation (c) Sworn statement (d) Judicial proceedings

Ans: d

14. The Code of Criminal Procedure 1973 came into force on
(a) 1st April 1973 (b) 1st April 1974 (c) 1st June 1973 (d) 1st June 1974

Ans: b

15. In which of the following cases the Kerala High Court has held that Even if earlier investigation was conducted by local police, there is no bar to refer the matter for investigation by the CBI in an appropriate case by the High Court
(a) J.Prabhavathi Amma Vs State of Kerala (b) Father Jose Pithrikkayil Vs CBI
(c) Nandakumar Vs State of Kerala (d) Jomn Puthen Purakkal vs CBI

Ans; a
16. The provisions of Cr.P.C. 1973 other than those relating to Chapters 8, 9 and 10 shall not apply
(a) Jammu and Kashmir (b) Nagaland (c) Tribal areas (d) B & C

Ans: d
17. Any act or omission made punishable by any law for the time being is called
(a) Wrong (b) Offence (c) Criminal case (d) Charge

Ans: b
18 Maximum sentence of fine C.J.M. can impose
(a) 25,000 (b) 50,000 (c) 10,000 (d) no limit

Ans: d
19.The maximum sentence of imprisonment a C.J.M. can impose
(a) 3 years (b) 7 years (c) 10 years (d) no limit
Ans: b

20.Power to arrest a person committing a non cognizable offence is given to a police officer on
(a) The permission of superior officer (b) On refusal to give name and residence
(c) The presence of a Magistrate (d) Cannot be arrested in any situation

Ans; b

21. A private person can arrest an accused as provided under section
(a) 41 (b) 42 (c) 43 (d) 44

Ans: c

22. Any police officer may arrest without warrant any person
(a) Who has been concerned in any cognizable offence
(b) Who has been proclaimed as an offender
(c) Who is reasonably suspected of being a deserter from any armed forces
(d) All the above

Ans: d

23. The categories of persons who can be arrested without a warrant is described in section
(a) 41 (b) 42 (c) 40 (d) 50

Ans: a

24. Under section 37 of Cr.P.C., every person is bound to assist a Magistrate or Police officer
(a) In the taking or preventing the escape of any other person who such Magistrate or police officer is authorized to arrest
(b) In the prevention or suppression of a breach of peace
(c) In the prevention of any injury to be committed to any railway.
(d) In all the above cases

Ans: d

25. Under section 39 of Cr.P.C. ever person aware of the commission of an offence punishable under _________ of the following sections of IPC.
(a) Sections 121 to 126 Cr.P.C. (b) Sections 143 to 148 Cr.P.
(c) c. 302 and 304 (d) all the above

Ans: d

26. Who is the competent authority to decide as to who is the successor-in-office of any additional or assistant sessions Judge
(a) Sessions Judge (b) High Court (c) District Magistrate (d) None of these

Ans: a

27.The powers of superior police officers are mentioned in section
(a) 2(h) (b) 36 (c) 156 (d) Police Act

Ans: b

28. Arrest by Magistrate is mentioned in section
(a) 43 (b) 44 (c) 45 (d) 46

Ans: c
29. The guidelines regarding the arrest of Judicial officers by the police where issued by the Supreme Court in
(a) Joginder Kumar Vs. State of Utter Pradesh
(b) M.
(c) Abraham Vs. State of Maharashtra (2003 (2) SCC 649) c.
(d) K. Basu Vs. State of West Bengal (AIR 1997 SC 610) d. Delhi Judicial Service Association Vs. State of Gujarat (AIR 1991 SC 2176)

Ans: d

30. The new chapter incorporated by the Criminal law (amendment) 2005.
(a) XXI A (b) XXIII A (c) XXII A (d) XXIV A

Ans: a

31. Members of Armed Forces cannot be arrested except after obtaining the consent of
(a) D.G.P. (b) Central Government (c) Chief of concerned Army Force (d) Magistrate
Ans: b

32. Who is given protection from arrest under 45 of Cr.P.C.
(a) President of India (b) Judicial Officers
(c) Members of Armed Forces (d) Members of Parliament

Ans: C

33. The judicial pronouncement which led to the incorporation of section 46(4) of Cr.P.C. by the amendment Act of 2005
(a) Joginder Kumar Vs. State of Utter Pradesh
(b) M.
(c) Abraham Vs. State of Maharashtra (2003 (2) SCC 649) c.
(d) K. Basu Vs. State of West Bengal (AIR 1997 SC 610) d. State of Maharashtra Vs. Christian Community Welfare of India

Ans; d

34. In which of the following cases, the Supreme Court held that, even without the presence of a lady constable, police can arrest a female offender
(a) Joginder Kumar Vs. State of Utter Pradesh
(b) M.
(c) Abraham Vs. State of Maharashtra (2003 (2) SCC 649) c.
(d) K. Basu Vs. State of West Bengal (AIR 1997 SC 610) d. State of Maharashtra Vs. Christian Community Welfare of India

Ans: d

35. Section 265A deals with
(a) Summary trial (b) Plea bargaining (c) Identification of accused
(d) Medical examination of rape victim

Ans: b

36. The form of summons is mentioned in section
(a) 61 (b) 62 (c) 91 (d) 92

Ans: a

37.The section newly added in Chapter V (arrest of persons) by the Cr.P.C. Amendment Act 2005
(a) 46(4) (b) 50(A) (c) 53(A) (d) All the above

Ans: d

38.The procedure for arrest is described in section
(a) 46 (b) 50 (c) 51 (d) 57
Ans: a

39. Rejection of anticipatory bail application itself is not a ground for the immediate arrest of the accused and the arrest of persons in all cases is unnecessary�. The Supreme Court gave the above preposition in
(a) Joginder Kumar Vs. State of Utter Pradesh
(b) Abraham Vs. State of Maharashtra (2003 (2) SCC 649) c.
(c) K. Basu Vs. State of West Bengal (AIR 1997 SC 610) d. Delhi Judicial Service Association Vs. State of Gujarat (AIR 1991 SC 2176)

Ans: b

40.In a case involving offence under section 304B, the period of remand under section 167(2) is
(a) 15 days (b) 60 days (c) 90 days (d) 180 days

Ans: C

41.The Kerala High Court has held the following proposition �section 159 does not confer any power to the magistrate to proceed to the place and conduct local investigation� in
(a) Sukumaran Vs. State of Kerala (b) In Re Sister Abhaya (2006 (2) KLT 1001)
(c) Vijayan Vs. State of Kerala (d) Acharaparambil Pradeepan Vs. State of Kerala

Ans: b

42.An enquiry into the apparent cause of death is called
(a) Post mortem examination (b) Mahazar (c) Inquest (d) Investigation
Ans: c

43.Before accepting a Refer Report, court is bound to issue notice to
(a) Accused (b) First informant (2006 (2) KLT 588)
(c) Investigating officer (d) Prosecutor

Ans: b
44.Agreement entered into at Calcutta for a project to be carried at Calcutta, payments required to be made at Calcutta, cheques were issued from registered office at Ernakulam the court to having jurisdiction to quash the proceedings
(a) Magistrate Court Calcutta (b) Calcutta High Court (2006 (2) KLT 525)
(c) Kerala High Court (d) Both b. and c.

Ans: c
45.The procedure for inquest is mention in section
(a) 173 (b) 174 (c) 176 (d) 172
Ans: b

46. At the stage of 200 what is needed is
(a) Complainant has to adduce evidence (b) Examination of complainant by magistrate
(c) Chief examination of complainant only (d) None of these
Ans: b

47.The Bar under section 196 is against
(a) Registration of crime (b) Investigation by police
(c) Submission of report by police (d) Taking cognizance (2006 (3) KLT 830)
Ans: d

48. Plea bargaining introduced in India by
(a) The Amendment Act of 1980 (b) The Criminal Law Amendment Act 2005
(c) The Code of Criminal Procedure Amendment Act 2005 (d) Act 25 of 2005
Ans: b

49. Power under section 319 Cr.P.C. covers
(a) Post cognizance stage (2006 (1) KLT SN 60) (b) Pre cognizance stage
(c) Both a. and b. (d) None of these

Ans: a

50. Under which of the following Sections of Criminal Procedure Code police can arrest an accused without warrant? MP APO -2002
(a) Section 37 (b) Section 40 (c) Section 42 (d) Section 41

Ans: d

Criminal, Law Question Papers

OBJECTIVE SAMPLE QUESTIONS ON THE CODE OF CRIMINAL PROCEDURE, 1973 [2ND SET ]

2 Jun 2018 Advocatetanmoy

1. As per the Explanation to Section 2(d) of the Cr.PC, a report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a ________ .
Answer: Complaint.

2. __________ includes all the proceedings under the Cr.PC for the collection of evidence conducted by a police officer.
Answer: Investigation[Sectiom 2 (h)]

3. Warrant case is a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years. It is defined in ______ .
Answer: 2(x)

4. Section 6 of the CrPC defines ________ .
Answer: Classes of Criminal Courts.

5. The Court of Magistrate of the first class may pass a sentence of imprisonment for a term not exceeding _______ years or of fine not exceeding _______ or of both.
Answer: 3 , 10000 rupees.[Section 29(2)]

6. Where imprisonment has been awarded as part of substantive sentence, the imprisonment in default of payment of fine shall not exceed __________ of the term of imprisonment which the Magistrate is competent to inflict as punishment for the offence otherwise than as imprisonment in default of payment of fine.
Answer: one-fourth[Section 30(1)(b)]

7. Duty of public to give information about certain offences is provided under_________ .
Answer: Section 39.

8. Any person who has in his possession any implement of house-breaking without lawful excuse __________ arrested without warrant.
Answer: can be.[Section 41(1)(b)]

9. A habitual thief as provided in Section. 110 __________ arrested without warrant.
Answer: can be[Section 41(2)]

10. Any magistrate may arrest any person ________________.
Answer: within his local jurisdiction.[Sec 44(2)]

11. As per which provision a police officer or other person authorised to make an arrest may break open any outer or inner door or window of any house or place inorder to liberate himself or any other person who, having lawfully entered for the purpose of making arrest, detained therein.
Answer: S. 47(3)

12. According to Sec.70(1) of the Code, every warrant of arrest issued by a Court ________ in writing.
Answer: shall be.

13. Power of Court to issue proclamation aginst person absconding is provided in _______
Answer: S. 82

14. Can a court issue warrant in lieu of summons?
Answer: Yes. [Sec.87]

15. Power of Court of Judicial Magistrate of first class to detain document within the custody of postal or telegraph authority is provided under ________ .
Ans: 92(2)

16. Power of Judicial Magistrate to issue search warrant to search persons wrongfully confined under circumstances that the confinement amounts to an offence is provided under __________ .
Ans: S.97.

17. Plea Bargaining is contained in ___________.
Answer: Chapter XXI A

18. ______________ independent and respectable inhabitants of the locality in which the place to be searched is situated is necessary for a search with warrant.
Answer: 2 or more[sec.100(4)]

19. According to Sec.102 __________ is empowered to seize property alleged or suspected to have been stolen.
Answer: any police officer.

20. Executive Magistrate may order a person likely to commit breach of peace to execute a bond for keeping the peace for a period upto ______ year/s.?
Answer: One[Section 107(1)]

21. Enforcement of order of maintenance is provided under Section________ .
Answer: 128

22. Power of conditional order for removing nuisance can be exercised by _________ .
Answer: Executive Magistrate.[Sec.133]

23. Any person disobeying conditional order u/S.133 may be penalised with simple imprisonment of _________ or fine of _______ rupees, or with both.
Answer: 1 months, 200[Section 136 of CrPC r/w Section 188 of IPC]

24. A police officer’s power to seize false weights and measures are provided in_______ .
Answer: Section 153(2)

25. If an offence is committed by a person in the presence of a Magistrate, the magistrate can arrest that person if the offence is ________ .
Answer: either cognizable/or non-cognisable[sec.44-any offence]

26. Police officer’s power to require attendance of persons acquainted with facts and circumstances of the case is mentioned in ___________ .
Answer: Section 160(1)

27. A police officer may reduce into writing the oral examination of persons acquainted with the case. This is provided under ________ .
Ans: Section 161(3)

28. No statement under Sec.161 is to be signed. ___________ is an exception.
Answer: Section 27 of Indian Evidence Act.[162(2)]

29. Section 164 of the Code of Criminal Procedure deals with ___________ .
A: Recording of Confessions and statements by Magistrate.

30. Can a police officer on whom the powers of magistrate is conferred record confession under Section164?
A: No[Proviso to Sec.164(1)]

31. Further investigation in respect of an offence after report has been forwarded is provided under ______ .
A: S.173(8)

32. When an officer in charge of a police station receives information that a person has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation to the nearest _________ .
A: Executive Magistrate.[174(1)]

33. Where it is uncertain in which of the several local areas an offence was committed, it may be inquired into and tried by a Court having jurisdiction over ________ local area.
A: any of such [Sec.178]

34. Transfer of cases on application of accused is provided under _______ .
Answer: Section 191.

35. Who can make a complaint when the victim is under age of 18 years, or is an idiot or a lunatic, or is from sickness or infirmity unable to make a complaint, or is a woman who, according to local customs and manners, ought not to be compelled to appear in public?
Answer: Any person on behalf with leave of court.[Proviso (a) to Section 198]

36. If a public servant acting in discharge of his official duties makes a complaint the Magistrate _________ examine on oath the complainant.
Answer: Need Not[Proviso to Section 200]

37. Any Magistrate __________ postpone issue of process against the accused on receipt of complaint, when the accused is residing at a place beyond the area in which he exercises jurisdiction.
Answer: shall[Sec.202(1)]

38. A magistrate, under S.259 of the Code of Criminal Procedure has the power to convert a summons trial to a warrant trial relating to offence punishable for a term exceeding _________.
A: 6 months.

39. Dismissal of complaint is provided under Sec.________.
Ans: 203.

40. Generally absent applications are filed in the court as per Sec. ________.
A: 317

41. If same case upon complaint and police report against same accused, the Magistrate __________ try together the complaint case and the case arised out of the police report as if both the cases were instituted on a police report.
Ans: shall [Sec.210(2)]

42. Section 240 of the Code of Criminal Procedure deals with ____________ by magistrate in warrant cases.
A: Framing of charge.

43. A is tried for causing grievous hurt and convicted. The person injured afterwards dies. Can A may be tried againg for culpable homicide?
Ans: Yes.[Sec.300(3)]

44. The Court _______ summon and examine or recall and re-examine any person if his evidence appears to it to be essential to the just decision of the case.
A: shall[second head of Sec.311]

45. High Court’s power of revision is provided under Section_______.
Answer: 401.

46. Government can commute sentence __________ the consent of the person sentenced.
Ans: without[Section 433]

47. Order for disposal of property at conclusion of trial is provided under_______ and disposal of property pending trial in certain cases is provided under_______.
Answer: 452, 451

48. A search warrant issue by magistrate not empowered by law under Sec.94 ______vitiate proceedings.
A: will not [460]

49. As per Sec.468 of Cr.PC, for an offence punishable with imprisonment for a term exceeding one year but not exceeding three years, the period of limitation is ______.
A: 3 years.

50. Can two or more persons be the complainant in one case?
A: No.

Criminal, Law Question Papers

OBJECTIVE SAMPLE QUESTIONS ON THE CODE OF CRIMINAL PROCEDURE, 1973 [1ST SET ]

2 Jun 2018 Advocatetanmoy

THE CODE OF CRIMINAL PROCEDURE, 1973

1. Section 2 in Cr.P.C. defining “victim” as a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged includes
(a) victim’s guardian
(b) victim’s guardian or legal heir
(c) victim’s neighbour
(d) victim’s close friend.
2. According to section 41A(1) of Cr.P.C. the Police Officer shall issue a notice directing the alleged accused though he has committed a cognizable offence, to appear before him or at such other place as specified in notice in all the cases where the arrest of a person is not required under the
(a) provisions of sub-section (1)(a) of section 41
(b) provisions of sub-section (1)(b) of section 41
(c) provisions of sub-section (1)(c) of section 41
(d) provisions of sub—section (1) of section 41
3. Within the meaning of provisions under section 41C(1) of the Criminal Procedure Code every State Government shall establish a Police Control Room (PCR) in
(a) every district
(b) State level only
(c) both district and at State level
(d) State Secretariat only.
4. Criminal Procedure Code which comes under Concurrent List of Constitution of India is
(a) unduly rigid and does not make room for any special law & procedure
(b) not unduly rigid and makes room for any special law & procedure and generally I gives
precedence to such special law and procedure
(c) not unduly rigid and makes room for any special law 8:‘ procedure but generally gives
precedence to the law & procedure given under the Code
(d) either (a) or (c).
5. What is true to Code of Criminal Procedure
(a) it is mainly, though not purely, an adjective or procedural law
(b) there are also certain provisions which are partly in the nature of substantive law
(c) both (a) & (b)
(d) neither (a) nor (b).
6. Which classification of offence comes under Criminal Procedure Coder
(a) cognizable & non-cognizable
(b) bailable & non-bailable
(c) summons cases 8: warrant cases
(d) all the above.
7. Classification of offences given in the Code of Criminal Procedure under
(a) section 320
(b) the lst Schedule
(c) the llnd Schedule
(d) section 482.
8. Cognizable offence under IPC has been defined
(a) under section 2(a) of Cr.P.C.
(b) under section 2(c) of Cr.P.C.
(c) under section 2(i) of Cr.P.C.
(d) under section 2(1) of Cr.P.C.
9. In a cognizable case under IPC, the police has the
(a) authority to arrest a person without warrant
(b) authority to investigate the offence without permission of the Magistrate
(c) both (a) &(b)
(d) either (a) or (b).
10. In a cognizable case under IPC, the police will have all the powers to
(a) investigate except the power to arrest without warrant V
(b) investigate including the power to arrest without warrant
(c) investigate and arrest without warrant only after seeking permission from the Magistrate
(d) investigate and arrest without warrant only after informing the Magistrate having
jurisdiction to inquire into or try the offence.
11. A Magistrate has the power to direct the police to investigate into an offence in IPC under
(a) section 156(1) of Cr PC
(b) section 156(2) of Cr PC
(c) section 156(3) of Cr PC
(d) all of the above.
12. A Magistrate has the power under Cr. P.C. to direct the police to investigate into
(a) a non-cognizable offence
(b) a cognizable offence
(c) only a non~cognizable offence, as in a cognizable offence the police is under a duty to investigate
(d) both (a) and (b).
13. In a non-cognizable case under IPC, the police has the authority
(a) to investigate into the offence without order given by the Magistrate but cannot arrest the
accused without warrant
(b) to investigate and even arrest the accused without warrant
(c) neither to investigate without order of the Magistrate nor can arrest the accused without
warrant
(d) cannot investigate without orders of the Magistrate but can arrest without warrant.
14. Non-cognizable offence has been defined
(a) under section 2(a)
(b) under section 2(c)
(c) under section 2(i)
(d) under section 2(1).
15. A case which includes cognizable offences and non-cognizable offences is
(a) a cognizable ease but requires sanction of the Magistrate for investigation into the noncognizable
part under section 155(2) of Cr PC
(b) a cognizable case and as such the investigation of the case does not require any sanction
of the Magistrate under section 155(2) of Cr ‘PC
(c) a non-cognizable case and as such the investigation of the case requires sanction of the
Magistrate under section 155(2) of Cr PC
(d) a non-cognizable case but does not require sanction of the Magistrate under section
155(2) of Cr PC
16. In a non-cognizable case, the accused
(a) can object to the grant of permission under section 155(2) of Cr PC as a matter of right
(b) can object to the grant of permission under section 155(2) of Cr PC with the I leave of the
Magistrate K
(c) can object to the grant of permission under section 155(2) of_ Cr PC with the leave of the
High Court f I
(d) has no right to participate in the proceedings and cannot object to the grant of permission
under section 155(2) of Cr PC
17. Under the Scheme of Criminal Procedure non-cognizable offences are
(a) public wrongs
(b) private wrongs
(c) both public and private wrongs
(d) none of the above.
18. A Magistrate has the power to direct the police to investigate in respect of an offence
(a) under the Indian Penal Code
(b) under any local or special law
(c) both (a) and (b)
(d) only (a) and not (b).
19. Leave to investigate into ya non-cognizable offence can be granted by a
(a) Magistrate in any part of India
(b) Magistrate in any part of the State t
(c) Magistrate having jurisdiction to try the case
(d) either (a) or (b) or (c).
20. In a bailable offence, the bail is granted as a matter of right
(a) by the police officer
(b) by the court
(c) both by the police officer & the court
(d) either (a) or (b).
21. In a bailable offence
(a) conditions can be imposed while granting bail by the police officer
(b) conditions can be imposed while granting bail by the court
(c) no condition can be imposed while granting bail by the police officer or by the court
(d) only mild conditions can be imposed by the court only.
22. Warrant case has been defined under section 2(x) of Cr PC as a case relating to an
offence punishable with death, imprisonment for life or imprisonment for a term .
(a) exceeding three years
(b) exceeding two years
(c) exceeding one year
(d) exceeding one year but less than two years.
23. Classification of summons case AND warrant case
(a) is useful to determine the trial procedure to be adopted
(b) is useful to determine the investigation procedure to be adopted
(c) is useful to decide the question of issuance of process to the accused
(d) (a) & (c) are correct.
24. Complaint, as provided under section 2(d) of Cr PC
(a) can be in writing only
(b) can be oral
(c) either in writing or oral
(d) can be by gestures.
25. Complaint as provided under section 2(d) of Cr PC
(a) can be to a police officer
(b) can be to a Magistrate
(c) both (a) 8: (b)
(d) must necessarily to be a Magistrate only.
26. Complaint may relate to
(a) a cognizable offence
(b) a non-cognizable offence
(c) both (a) & (b) are correct
(d) must be for a non-cognizable offence as the police has no power to investigate such an
offence.
27. In respect of investigation as provided under section 2(h) of Cr PC, which of the following is incorrect
(a) investigation can be conducted by a police officer
(b) investigation can be conducted by any person so authorised by a Magistrate
(c) investigation can be conducted by a Magistrate himself
(d) both (a) & (b).
28. When a complaint is presented to a Magistrate, and the Magistrate proceeds to examine the complainant & the witnesses
(a) the Magistrate is conducting investigation
(b) the Magistrate is conducting an inquiry
(c) Magistrate is conducting a trial
(d) both (b) & (c).
29. The word Magistrate mentioned in section 156(3) of Cr PC means
(a) a Judicial Magistrate
(b) a Special Executive Magistrate
(c) an Executive Magistrate
(d) either (a) or (b) or (c).
30. A Metropolitan Magistrate, has the power to pass sentence, as provided under section 29 of Cr PC
(a) any sentence authorized by law except a sentence of death, or
(b) imprisonment for life or of imprisonment for a term exceeding seven years
(c) imprisonment for a term not exceeding three years and fine not exceeding Rs. 10,000
(d) imprisonment for a term not exceeding one year and fine not exceeding Rs. 1,000.
31. A Metropolitan Magistrate can award sentence of imprisonment -in default of payment of fine
(a) equal to the term of imprisonment which he is competent to inflict as substantive
punishment
(b) not exceeding half of the term of imprisonment which he is competent to inflict as
substantive sentence
(c) not exceeding one-third of the term of imprisonment which he is competent to inflict as
substantive sentence
(d) not exceeding one-fourth of the term of imprisonment which he is competent to inflict as
substantive sentence.
32. The imprisonment in default of fine
(a) shall be in addition to a substantive sentence maximum awardable under section 29
without any specific order
(b) shall be in addition to a substantive sentence only when a specific order to that effect is
passed.
(c) shall not be in addition to the substantive sentence awardable by the Magistrate
(d) shall be in addition to the substantive sentence awardable but subject (to the upper limit
for substantive sentence prescribed under section 29.
33. In cases of consecutive sentence on conviction of several offences at one trial by a Metropolitan Magistrate the aggregate punishment
(a) shall not exceed twice the amount of punishment which the Magistrate is competent to
inflict for a single offence
(b) shall not exceed the amount of punishment which the Magistrate is competent to inflict
for a single offence as prescribed under section 29 of Cr PC
(c) shall not exceed three times the amount of punishment which the Magistrate .is competent
to inflict for a single offence
(d) Shall not exceed 14 years.
34. Classification of compoundable & non-compoundable offences has been provided under
(a) lst Schedule
(b) Ilnd Schedule
(c) section 320 of Cr PC
(d) section 321 of Cr PC.
35. Offences other than those mentioned in section 320 of Cr PC are
(a) not compoundable’
(b) Compoundable with the permission of the court
(c) Compoundable by the Court of Sessions
(d) Compoundable by the High Court.
36. Arrest means
(a) every compulsion or physical restraint
(b) total restraint and complete deprivation of liberty
(c) both (a) & (b)
(d) neither (a) nor (b).
37. A warrant of arrest is a command
(a) must be a Written order
(b) signed, sealed & issued by a Magistrate
(c) addressed to a police officer
(d) all of the above.
38. A person can be arrested without warrant
(a) for securing attendance of accused at trial
(b) as a preventive or precautionary measure
(c) for obtaining correct name & address
(d) all the above.
39. Which of the following is correct
(a) Magistrate cannot arrest a person
(b) a private person cannot arrest a person
(c) a police officer can arrest a person
(d) both (a) & (b).
40. It is mandatory for a police officer to inform the person arrested, the grounds of arrest and right of bail if the offence is not non-bailable, under
(a) section 49 of Cr PC
(b) section 50 of Cr PC
(c) section 51 of Cr PC
(d) section 54 of Cr PC.
41. A police officer arresting a person may carry out the personal search after compliance of ..
(a) under section 50 of Cr PC
(b) under section 51 of Cr PC
(c) under section 54 of Cr PC
(d) under section 56 of Cr PC.
42. Section 54 of Cr PC provides for
(a) medical examination of the accused at the request of the police officer
(b) medical examination of the accused at the request of the accused
(c) both (a) & (b)
(d) neither (a) nor (b).
43. It is mandatory to produce the person arrested before the Magistrate, within 24 hours
of his arrest, under
(a) section 56 of Cr PC
(b) section 57 of Cr PC
(c) section 58 of Cr PC
(d) section 59 of Cr PC.
44. A proclamation under section 82 of Cr PC can be issued against a person against whom a warrant has been issued. Thus a proclamation can be issued against
(a) accused offender
(b) a surety
(c) a witness
(d) all the above.
45. A proclamation requiring a person to appear must be published giving
(a) not less than 30 days time to the person concerned
(b) not less than 10 days time to the person concerned
(c) not less than 20 days time to the person concerned
(d) not less than 15 days time to the person concerned.
46. Attachment of the property of the person absconding
(a) can only be issued after publication of the proclamation under section 82 of Cr PC
(b) can be issued before publication of – the proclamation under section 82 of Cr PC
(c) can be issued simultaneously with the issue of proclamation under section’82 of Cr PC
(d) all the above.
47. Period of limitation for filing claims & objections to the attachment of any property
attached under section 83 of Cr PC, by any person other than the proclaimed person, as
provided under section 84 of Cr PC
(a) within three months of attachment
(b) within six months of attachment
(c) within one year of attachment
(d) within two months of attachment.
48. Period of limitation for filing a suit to establish the right over the property attached, by a person other than the person proclaimed, who has filed claims & objection to attachment, is
(a) three months from the date of disallowing the claim
(b) six months from the date of disallowing the claim
(c) one year from the date of disallowing the claim
(d) three years from the date of disallowing the claim.
49. If the person proclaimed appears within the period specified in the proclamation, the property attached
(a) shall not be released from attachment
(b) shall be released from attachment
(c) shall be forfeited
(d) both (a) & (c).
50. If the proclaimed person does not appear within the time specified in the proclamation, the property under attachment
(a) shall not be sold until expiry of six months from the date of attachment
(b) shall not be sold until any claim or objection under section 84 have been disposed of
(c) both (a) 8: (b)
(d) either (a) or (b).
51. A proclaimed person whose property has been attached can claim the property or the sale proceeds, on appearance
(a) within 6 months of attachment
(b) within 2 years of attachment
(c) within 3 years of attachment
(d) within 1 year of attachment.
52. An arrested person has a right to consult a legal practitioner of his choice. The consultation with the lawyer
(a) may not be in the presence of the police officer
(b) may be in the presence of the police officer but not within his hearing
(c) may be in the presence of the police officer and within his hearing
(d) both (a) & (b).
53. A search warrant is a written authority given to a police officer or any other person for the search of any place
(a) generally
(b) for specified things or documents
(c) generally as well as for specified things or documents
(d) only (b) of above.
54. Section 91 of Cr PC does not apply to
(a) the complainant
(b) the accused
(c) the witness
(d) a person who is neither a complainant nor an accused nor a witness.
55. The issuance of summons to a person to produce a document(s) under section 91 of Cr PC is
(a) declaration
(b) mandatory
(c) discretionary
(d) either (a) or (c).
56. Under section 91 of Cr PC, a person who is summoned to produce a document(s) on appearance before the court
(a) becomes a Witness and can be subjected to cross-examination
(b) does not become a witness and can not be subjected to cross-examination
(c) becomes a witness but cannot be subjected to cross-examination
(d) does not become a witness but can be subjected to cross-examination.
57. A person who is required merely to produce a document(s)/thing under section 91 of Cr PC
(a) has to attend personally to produce the document(s) / thing
(b) can cause the document(s)/ thing to be produced in the Court
(c) either attend personally or cause the document(s) / thing produced in the Court
(d) only (a) and not (b) or (c).
58. Section 92 of Cr PC lays down the procedure for
(a) production of document(s) in the custody of postal or telegraph authority
(b) production of document(s) in the custody of any person other than the accused
(c) production of document(s) in the custody of an accused person
(d) all of the above.
59. Where a person summoned to produce a document(s)/thing under section 91 of Cr PC,
fails to attend personally or causes the document(s)/thing produced in the court against
such person
(a) a search warrant can be issued under section 93 of Cr PC
(b) a prosecution for offence under section 175, I.P.C. can be launched
(c) either (a) or (b)
(d) both (a) and (b).
60. In the prosecution for an offence punishable under section 175, I.P.C. for noncompliance disobedience of the summon/issued under section 91 of Cr PC
(a) the accused can not take the defence that the document(s) / thing ordered to be produced
is not necessary or desirable for the investigation, inquiry or trial
(b) the accused can take the defence that the l document(s) / thing ordered to be produced is
not necessary or desirable for the investigation, inquiry or trial
(c) the accused;cannot question the necessity or desirability of the document(s)/thing, ordered
to be produced, for the investigation, inquiry or trial
(d) the accused cannot be permitted to take the defence that the document(s) / thing ordered
to be produced is not necessary or desirable for the investigation, inquiry or trial, as the
necessity or desirability already stands adjudged before the issuance of summon to produce
the document(s) / thing.
61. Who amongst the following is not competent under section 92 of Cr PC to order the
postal or telegraph authority to deliver the document(s)/thing
(a) District Magistrate
(b) Judicial Magistrate
(c) Metropolitan Magistrate
(d) none of the above.
62. The word ‘inspection’ used in section 93(1)(c), Cr PC refers to
(a) things or documents
(b) locality 8: place
(c) both (a) & (b)
(d) either (a) or (b).
63. A search warrant can be issued in respect of a place
(a) used for deposit & sale of stolen property
(b) used for deposit, sale & production of counterfeit coin, currency notes & stamps
(c) used for deposit, sale & production of forged documents & false seals
(d) all the above.
64. Under section 95 of Cr PC certain publications can be forfeited and search warrant can be
issued for the same. In this context, the propositions are
A. A newspaper cannot be forfeited & search warrant cannot be issued for the same as it
would be violative of the fundamental right of speech & expression and involves the fourth
estate.
B. A book can be forfeited & search warrant can be issued for the same.
C. A document can be forfeited & search warrant can be issued‘ for the same.
Which of the following is correct
(a) A & B are correct
(b) A & C are correct
(c) B & C are correct
(d) A, B & C all are correct.
65. Section 87 of Cr PC authorizes issuance of warrant.
(a) in lieu of summon
(b) in addition to summons
(c) both (a) & (b)
(d) none of the above.
66. A declaration of forfeiture under section 95 of Cr PC can be set aside by
(a) Magistrate issuing the search warrant
(b) Chief Judicial Magistrate / Chief Metropolitan Magistrate
(c) Court of Sessions
(d) High Court.
67. The period of limitation for an application to set aside the declaration of forfeiture has been provided
(a) under section 95 of Cr PC
(b) under section 96 of Cr PC
(c) under section 97 of Cr PC
(d) under section 98 of Cr PC.
And the ‘same is
(a) one month from the date of publication of declaration
(b) two months from the date of publication if declaration
(c) three months from the date of publication of declaration
(d) six months from the date of publication of declaration.
68. During investigation a search can be conducted without warrant by
(a) any police officer
(b) the investigating officer
(c) both (a)&(b)
(d) either (a) or (b).
69. Search without warrant can be conducted under section 103 of Cr PC
(a) in the presence of the Magistrate who is competent to issue search warrant in respect of
any place
(b) in the presence of the Magistrate who is not competent to issue search warrant in respect
of any place
(c) both (a) I3: (b)
(d) neither (a) nor (b).
70. Search warrant in respect of a place
(a) includes search of a person present in or about that place
(b) does not include search of a person in or about that place’
(c) includes search of a person in or about that place only if such person is suspected
of concealing about his person any article for which search is being made
(d) none of the above.
71. Joining of two or more independent and respectable inhabitants of the locality in which
the place is to be searched is the mandate under
(a) section 100(1) of Cr PC
(b) section l0O(2).of Cr PC
(c) section 100(3) of Cr PC
(d) section 100(4) of Cr PC.
72. Where a Magistrate, not empowered by law to issue a search warrant for a place suspected to contain stolen property, erroneously issues a search warrant
(a) the search proceedings shall be void & liable to be set aside
(b) the search proceedings shali not be void & not liable to be set aside
(c) the search proceedings shall be set aside only if challenged by any person aggrieved by
the search
(d) either (a) or (c).
73. Section 93(3) of Cr PC provides that no Magistrate other than a District Magistrate or
Chief judicial Magistrate shall issue warrant of search for a document, parcel or other
thing in the custody of postal & telegraph authority. If any Magistrate not so specified
issues such a warrant
(a) the search proceedings shall be void
(b) the search proceedings shall be voidable if challenged, at the instance of person aggrieved
(c) shall remain valid
(d) none of the above.
74. In a non-cognizable case, when a Magistrate orders the police to investigate, in that it
will be at par with the cognizable offence case and the police will have all the powers in
respect of investigation
(a) including the power to arrest without warrant
(b) except the power to arrest without warrant
(c) both are correct depending ion the circumstances
(d) none of the above.
75. Sections 39 8: 40 of Cr PC make it mandatory to give information regarding commission of certain offences. Such information can be given to
(a) a Magistrate
(b) a police officer
(c) either to a Magistrate or to a police officer
(d) the Magistrate 8: the police officer both simultaneously.
76. When the police registers a case regarding commission of a cognizable offence, the
registration of the case is under
(a) section 154 of Cr PC
(b) section 155 of Cr PC
(c) section 156(3) of Cr PC
(d) section 190 of Cr PC
77. Usually a copy of F.I.R. is filed with the Magistrate having jurisdiction to take
cognizance, by the police officer in compliance to
(a) section 156 of Cr PC
(b) section157 of Cr PC
(c) section 158 of Cr PC
(d) section 159 of Cr PC.
78. Delay in dispatching the FIR to the Magistrate under section 157 of Cr PC
(a) shall always throw out the prosecution case in its entirety
(b) shall never be a circumstance providing a legitimate basis for suspecting the FIR
(c) may or may not be a circumstance providing a legitimate basis for suspecting the FIR
depending on the facts and circumstance brought on record
(d) either (b) or (c).
79. Where the FIR discloses, prima facie, commission of a cognizable offence, and there is a
delay in sending the FIR to the Magistrate, under section 157 of Cr PC
(a) the investigation must go on
(b) the Magistrate can order for stopping of investigation on account of delay in sending the FIR
(c) the Magistrate can order for stopping of investigation irrespective of the delay in sending the FIR
(d) the Magistrate can order for stopping of investigation generally.
80. The investigating police officer in a case has power to require attendance of a person
acquainted with the facts and circumstances of the case, under
(a) section 158 of Cr PC
(b) section 159 of Cr PC
(c) section 160 of Cr PC
(d) section 161 of Cr PC
81. The power to direct investigation under section 156(3) of Cr PC can be exercised by
(a) a Magistrate
(b) a Session judge
(c) both (a) and (b)
(d) either (a) or (b).
82. Section 156(2) of Cr PC takes care and cures
(a) any ‘ irregularity in the conducting of investigation by the police officer
(b) any illegality in the conducting of investigation by the police officer
(c) both (a) and (b)
(d) only (a) and not (b).
83. Under section 159 of Cr PC, a preliminary inquiry into the commission of offence can
be conducted
(a) by the Magistrate having jurisdiction. To take cognizance
(b) by any Magistrate subordinate to the Magistrate having jurisdiction, under the orders of
such Magistrate
(c) by the police
(d) only (a) & (b).
84. The powers under section 159 of Cr PC can be exercised by the Magistrate
(a) when the police is still investigating the case
(b) when the police decides not to investigate the case
(c) when the police has filed the report under section 173 of Cr PC
(d) all the above.
85. The power to require attendance of a person acquainted with the facts and
circumstances of the case under section 160 of Cr PC, requires
(a) notice by telephone
(b) notice in writing
(c) either (a) or (b)
(d) both (a) and V P
86. The investigating officer under section 160 of Cr PC cannot require the attendance at a
place other than the place of residence, of
(a) a male who is under the age of 18 years
(b) a male who is under the age of 16 years
(c) a woman
(d) either (a) or (b) or (c).
87. The investigating officer under section 160 of Cr PC cannot require the attendance of a
male, at a place other than the place of his residence, who is
(a) under the age of 15 years
(b) under the age of 16 years
(c) under the age of 18 years
(d) under the age of 21 years.
88. A trial on a police report initiated by the breach of the mandatory provision relating to
investigation,
(a) is vitiated and liable to be set aside
(b) is‘ not vitiated and cannot be set aside unless the illegality in the investigation can be
shown to have brought about a miscarriage of justice
(c) is not vitiated and cannot be set aside at all
(d) either (b) or (c).
89. The propositions are:
I. Delay in despatch of the MR is not a circumstance which can throw out the
prosecution case in its entirety.
II; Delay in despatch of the FIR is a circumstance which can throw out the prosecution
case in its entirety.
III. The extra-ordinary delay in sending the FIR is a circumstance which provides a
legitimate basis for suspecting that the FIR was recorded much later than the stated
date and hour, affording sufficient time to the prosecution to introduce improvements.
Which of the following is correct in respect of the aforesaid proposition
(a) I is true, II & III are false
(b) I & III are true, II is false
(c) II & III are true, I is false
(d) III is true, I & II are false.
90. Section 159 of Cr PC empowers the Magistrate
(a) to restrain police investigation and order magisterial inquiry when the investigation of a
cognizable offence by the police is already in process
(b) to order magisterial inquiry into a cognizable offence only in those cases in which the
police decides not to investigate the case empowers the
(c) to order » magisterial inquiry into a cognizable offence where the investigation by the
police is already in process
(d) either (a) or (b) or (c).
91. Under section 159 of Cr PC, the Magistrate has the power to
(a) direct-investigation by the police
(b) depute any Magistrate subordinate to him to hold a preliminary inquiry
(c) either (a) or (b)
(d) only (b) and not (a).
92. Section 160 of Cr PC authorises a police officer to
(a) summon a person as a witness
(b). summon a person for the production of documents
(c) summon a person for the production of an article(s)
(d) all of the above.
93. A person can be summoned as a witness under section 160 of Cr PC, by
(a) any Police Officer
(b) the Station House Officer
(c) an Investigating Officer
(d) any of the above.
94. A person who fails to attend on being served with an order under section 160 of Cr PC of an investigating officer, is liable to be prosecuted under
(a) section 173,I.P.C.
(b) section 174, I.P.C.
(c) section 186,I.P.C.
(d) all of the above.
95. Laying of trap is a part of
(a) investigation
(b) inquiry
(c) preliminary inquiry
(d) trial.
96. Section 161 of Cr PC covers the cases of information received by the police
(a) before the commencement of investigation
(b) after the commencement of investigation
(c) after the conclusion of trial
(d) both (a) and (b).
97. Who amongst the following is not a police officer
(a) enforcement officer investigating the case under FERA
(b) An officer invested with powers under NDPS Act
(c) officer of Railway Protection Force
(d) all of the above.
98. An unjustified and unexplained long delay on the part of the investigating officer in
recording the statement of a material witness would render the evidence of such witness
(a) unreliable
(b) inadmissible
(c) inadmissible and unreliable
(d) only (b) and not (a).
99. Statement made under section 161, Cr. P.C. during investigation of a cross-case is
(a) always admissible in the main case
(b) may be admissible in the main case
(c) not at all admissible in the main case
(d) admissible in the main case with the leave of the Court.
100. A refusal to answer questions put to a witness under section 161 of Cr PC is an offence under
(a) section 176, I.P.C.
(b) section 179, l.P.C.
(c) section 187,I.P.C.
(d) neither (a) nor (b) nor (c).
101. Complaint to the police or statements made to the police that fall within exception of section 499, I.P.C., can claim
(a) absolute privilege
(b) qualified privilege
(c) both absolute as well as qualified privilege
(d) neither absolute nor qualified privilege.
102. Under section 161 of Cr PC, the investigating police officer has the power to examine orally any person acquainted with the facts & circumstances of the case. The expression ‘any person acquainted with the facts & circumstances of the case’
(a) includes accused
(b) does not include accused
(c) refers to the prosecution witnesses only
(d) both (b) &(c).
103. The investigating officer during the investigation records the statement of a witness
under
(a) section 160 of Cr PC
(b) section 162 of Cr PC
(c) section 161 of Cr PC
(d) section 164 of Cr PC
104. The Magistrate records the confession of an accused or a statement of a witness during investigation, under
(a) section 164 of Cr PC
(b) section 281 of Cr PC
(c) section 162 of Cr PC
(d) chapter XXIII of Cr PC
105. A joint statement of several witnesses, recorded during investigation
(a) will render these persons as incompetent witnesses
(b) will render their evidence as inadmissible
(c) will neither render these persons ‘ as incompetent witnesses nor their evidence
inadmissible
(d) will render these persons as incompetent witnesses and also their evidence inadmissible.
106. A statement of a witness recorded under section 161 of Cr PC, in writing during
investigation and is signed by the person making the statement is hit by
(a) section 161(2) of Cr PC
(b) section 161(3) of Cr PC
(c) section 162(1) of Cr PC
(d) section 162(2) of Cr PC.
107. FIR is not a substantive evidence, it can be used during trial
(a) to corroborate the informant
(b) to contradict theinformant
(c) both (a) &(b/)
(d) neither (a)”n0r (b).
108. FIR can be given by the accused also. If FIR is given by the accused the same can be
used
(a) for corroboration of the accused
(b) for contradiction of the accused
(c) as an admission if the same is non-confessional
(d) against the accused as confession.
109. Statement recorded during investigation under section 161_of Cr PC can be used
during trial
(a) for corroborating the witness
(b) for contradicting the witness
(c) both (a) & (b) above
(d) neither (a) nor (b).
110. If a person whose statement is recorded by the police during investigation is called
as a defence witness, his previous statements before the police
a) can be used for corroborating him
b) can be used for contradicting him
c) cannot be used for any purpose
d) both (a) & (b).
111. Section 162 of Cr PC provides that
(a) the statement made by a person to the police officer during investigation and reduced to
writing, shall be signed by the person making the statement
(b) the statement made by a person to the police officer during investigation and reduced to
writing, may not be signed by the person making the statement
(c) no statement made by a person to the police officer during investigation and reduced to
writing shall be signed by the person making the statement
(d) statement made by a person to the police officer during investigation and reduced to
writing shall be signed by the person making the statement only if the police officer has
obtained prior permission of the court to obtain signature thereon.
112. The prohibition contained in section 162 of Cr PC
(a) shall not apply where the statement made to the police during investigation is made
admissible under any other provision of the Code.
(b) shall apply even where the statement made to the police officer during investigation is
made admissible under any other provision of the code as section 162 has an over-riding
effect
(c) may or may not apply where the statement made to the police during investigation is
made admissible under any other provisions of the Code, depending on the facts and
circumstances of the case.
(d) may or may not apply where the statement made to the police during investigation is
made admissible under any other provision of the Code, depending on the discretion of the
Court.
113. The bar created by section 162 of Cr PC does not apply to
(a) civil proceedings C
(b) proceedings under Article 34 of the constitution
(c) proceedings under Article 226 of the constitution
(d) all of the above.
114. The word ‘statement’ within the meaning of section 162 of Cr PC, means
(a) narration
(b) signs and gestures
(c) both (a) and (b)
(d) only (a) and not (b).
115. Which of the following is not a ‘statement’ within the ‘meaning of section 162 of Cr
PC
(a) record of the search made by the police
(b) signatures and handwriting or thumb impressions taken for the purpose of comparison
(c) both (a) and (b)
(d) only (a) and not (b).
116. Which of the following statements is/are covered under section 162 of Cr PC
(a) a statement made to a Magistrate in the presence and hearing of a police-officer
(b) a statement made to a third person in the presence of a police officer
(c) a statement made to a person assisting the police in the investigation of a case
(d) neither (a) nor (b) nor (c).
117. Section 162 of Cr PC applies to statements made to a police officer during investigation by
(a) a witness
(b) an accused person
(c) an accused who turns approver
(d) all of the above.
118. Section 162 of Cr PC prohibits a statement from being used in evidence, made in the course of
(a) inquiry
(b) investigation
(c) trial
(d) either (a) or (b)_
119. Section 162 of Cr PC applies to statements made to a police—officer
(a) in the course of investigation
(b) before the investigation began
(c) after the investigation had ended.
(d) all of the above.
120. The question whether a statement was recorded in the course of investigation is a
(a) question of law
(b) question of fact
(c) mixed question of law and fact
(d) question of law or question of fact depending on the facts and circumstances.
121. The previous statement of a witness which can be used for the purposes of
contradicting the witness as provided under the proviso to section 162(1), Cr. P.C., may
be the one
(a) reduced in writing
(b) not reduced in writing
(c) oral
(d) either (a) or (b) or (c). I
122. Where a witness is called by the court as a Court witness, a previous statement
made by him to the police can
(a) be used by the accused for contradicting such witness
(b) be used by the prosecution for contradicting such witness with the permission of the court
(c) either (a) or (b)
(d) not be used either by the accused or by the prosecution for any purpose.
123. In re-examination, the previous statement made to a police officer can be used for
(a) the purposes of contradicting what is stated in the cross-examination
(b) the purposes of explaining what is left over in the examination-in-chief
(c) the purpose of explaining any matter in the cross-examination
(d) all of the above.
124. Which of the following is not outside the provision of section 162(1) of Cr PC
(a) statement falling under section 32(1) of the Indian Evidence Act
(b) statement falling under section 27 of the Indian Evidence Act
(c) statements recorded by the police officer during investigation
(d) neither (a) nor (b) nor (c).
125. The non-compliance with the provisions of section 164 of Cr PC
(a) reduces the statement recorded by the Magistrate to a nullity
(b) is an irregularity curable under section 463 of Cr PC
(c) Both (a) and (b)
(d) Neither (a) nor (b)
126. The confession of an accused or the statement of a witness, under section 164 of Cr PC, can be recorded during
(a) inquiry
(b) investigation
(c) trial
(d) either (a) or (b) or (c).
127. The confession of an accused or the statement of a witness, under section 164 of Cr
PC, may be recorded
(a) before the beginning of the investigation
(b) in the course of investigation only
(c) in the course of investigation or at any time afterwards before the commencement of inquiry
or trial
(d) in the course of investigation or at any time afterwards during the inquiry but before the
commencement of trial.
128. A confession under section 164 of Cr PC can be recorded by
(a) Metropolitan/Iudicial Magistrate
(b) Executive Magistrate
(c) Police officer on whom the power of a Magistrate has been conferred
(d) either (a) or (b).
129. Maintenance of a case diary by an investigating officer is
(a) directory
(b) mandatory
(c) discretionary
(d) neither (b) nor (c).
130. Maintenance of a case diary by an investigating officer is mandatory under
(a) Section 162 of Cr PC
(b) Section 167 of Cr PC
(c) section 172 of Cr PC
(d) Section 174 of Cr PC
131. Section 167 of Cr PC authorizes remand of an accused in
(a) police custody
(b) judicial custody
(c) either (a) or (b)
(d) neither (a) nor (b).
132. Section 167 of Cr PC is applicable during
(a) investigation
(b) enquiry
(c) trial
(d) all of the above.
133. …….is competent to record the statement or confession under section 164 of Cr PC
(a) a police officer
(b) a police officer conferred with powers of special Executive Magistrate
(c) an Executive Magistrate
(d) neither a police officer nor a police officer conferred with powers of special Executive
Magistrate nor an Executive Magistrate.
134. Under section 164 of Cr PC, statements other than confession
(a) can be recorded by a Magistrate where the person who intends to make such statement
appears before the Magistrate on his own
(b) can be recorded by a Magistrate where the person who intends to make such statement is
produced or sponsored by the defence.
(c) cannot be recorded by a Magistrate unless the person who intends to make such statement is
produced or sponsored by the investigating officer
(d) can be recorded by the Magistrate without going into the question as to how or who has
produced or sponsored the person who intends to make such statement.
135. Obtaining signature on the confession of the person making the confession, under
section 164 of Cr PC is
(a) mandatory
(b) directory, being procedural
(c) discretionary
(d) optional.
136. Failure to get the signature of the person making the confession is
(a) not very material if the making of such statement is not dispatched by the accused
(b) not very material even if the making of statement is disputed by the accused
(c) not very material irrespective of whether making of such statement is disputed or notdisputed
by the accused and the defect is curable under section 463 of Cr PC
(d) very material in all circumstances and is fatal.
137. Section 164 of Cr PC provides for recording of
(a) confession by accused persons and statements by any person other than the accused
(b) confession by t accused persons and statements by any person including an accused
(c) statements by witness only
(d) confession and statements by an accused person.
138. Section 164 of Cr PC provides a special procedure for recording of
(a) confessions
(b) statements made- during the course of investigation
(c) confessions as well as statements made during the course of investigation
(d) either (a) or (b).
139. A non-confessional statement recorded under section 164 of Cr PC
(a) is a substantive piece of evidence
(b) is not a substantive evidence
(c) may or may not be substantive evidence depending on the facts & circumstances
(d) all of the above.
140. A confessional statement recorded in accordance with the special procedure under
section 164 of Cr PC
(a) can be used as a substantive evidence without being formally proved
(b) cannot be used as a substantive evidence at all
(c) cannot be used as a substantive evidence without being formally proved
(d) either (b) or (c).
141. A confessional statement under section 164 of Cr PC can be recorded
(a) during the course of investigation only & not afterwards
(b) during the course of investigation or at any time afterwards before the commencement of
inquiry or trial
(c) during investigation as well as during inquiry but before commencement of trial
(d) during the investigation, inquiry or trial.
142. Statements of witness recorded under section 164 of Cr PC are
(a) substantive evidence
(b) corroborative evidence
(c) both substantive and corroborative evidence
(d) neither substantive nor corroborative evidence.
143. If a magistrate, administers oath before recording the confession, the confessional statement is
(a) good in law and admissible in evidence
(b) good in law but admissible in evidence only on corroboration
(c) bad in law and inadmissible in evidence
(d) bad in law but admissible in evidence if corroborated from other evidence.
144. Where an accused remained in police custody for maximum’ period of fifteen days,
he can further be remanded to police custody by
(a) a Magistrate
(b) a Session Court
(c) the High Court in exercise of its inherent powers
(d) neither (a) nor (b) nor (c).
145. Under section 167 of Cr PC, the longest period for which an accused can be remanded to police custody is
(a) fifteen days
(b) fourteen days
(c) l ten days
(d) twenty-eight days.
146. Where an accused is granted bail under section 167(2), proviso (a) of Cr PC and on
filing on charge-sheet the investigation revealed that the accused has committed a
serious offence, the bail so granted under section 167(2), proviso (a) of Cr PC
(a) cannot be cancelled in the absence of special reasons
(b) can be cancelled under section 437(5)
(c) can be cancelled under section 439(2)
(d) can be cancelled under section 437(5) or section 439(2).
147. Entries in the case diary maintained by an investigating officer under section 172 of
Cr PC can be used
(a) as an evidence
(b) to explain contradiction .
(c) for aiding the court to decide on a point
(d) both (b) and (c).
148. Under section 172 of Cr PC, the bar against production and use of case diary» is
intended to operate in
(a) an inquiry or trial for an offence
(b) civil proceedings
(c) writ proceedings
(d) all of the above.
149. Where the police submits a final report under section 173 of Cr PC, to a Magistrate,
the Magistrate is
(a) bound by the conclusion drawn by the police and can not order re-investigation
(b) not bound by the conclusion drawn by the police and may direct re-investigation, or issue
process.
(c) bound by the conclusions drawn by the police and has to issue process
(d) both (a) and (c).
150. Where the police submits a final report under section 173(2) of Cr PC for dropping
of proceedings to a Magistrate, the Magistrate
(a) may accept the same
(b) may reject the same and take cognizance
(c) may reject the same and order further investigation
(d) any of the above. I
151. In submitting the final report under section 173 of Cr PC, the investigating agency
(a) is obliged to seek the opinion of a public prosecutor
(b) can be compelled by the court-opinion of a public prosecutor
(c) has to carry out a combined operation with the public prosecutor
(d) neither (a) nor (b) or (c)
152. Re-opening of investigation under section 173(8) of Cr PC
(a) can be done by the investigating officer only
(b) can be done only under the orders of the Magistrate
(c) can be done only after seeking opinion of the public prosecutor, and on the direction of the
State Government
(d) can be done by the police of its own or under the orders of the court.
153. Before ordering further investigation under section 173(8) of Cr PC the Court is
(a) under an obligation to hear the accused
(b) under no inhibition
(c) under an obligation to hear the public prosecutor
(d) under an obligation to hear the accused person not sent for trial.
154. Further investigation within the meaning of section 173(8) of Cr PC is
(a) the continuation of the earlier investigation
(b) fresh investigation ab initio wiping out the earlier investigation altogether
(c) re-investigation ab initio wiping out the earlier investigation
(d) either (a) or (b) or (c).
155. Section 463 of Cr PC permits
(a) oral evidence by the Magistrate of the confession made to him
(b) oral evidence to prove that the procedure laid down under section 164, Cr PC had actually
been followed, where the record, which ought to show that, does not do so
(c) both (a)&(b) X
(d) neither (a) nor (bi).
156. Under section 172 of Cr PC, it is mandatory for every investigating officer to
maintain a ease diary. The said case diary can be used, during trial.
(a) by the court
(b) by the police officer making a statement during trial to refresh his memory
(c) by the accused to a very limited extent
(d) all the above.
157. Under section 167 of Cr PC an accused person can be remanded to police custody or judicial custody, the authorization of such detention
(a) cannot exceed fourteen days at one time
(b) cannot exceed fifteen days at one time
(c) cannot exceed ten days at one time
(d) cannot exceed thirty days at one time.
158. Under section 167 of Cr PC the nature of custody can be altered from judicial custody to police custody & vice-versa, this alteration can be done
(a) during the period of first seven days
(b) during the period of first ten days
(c) during the period of first fifteen days
(d) during the period of first fourteen days.
159. For the authorization of detention in any custody
(a) the accused must be produced before the Magistrate
(b) the accused need not be produced before the Magistrate at all .
(c) may be produced or may not be produced
(d) not necessarily be produced.
160. Under section 167 of Cr PC, the Magistrate can authorise detention for a total period of 90 days during investigation, in» cases of offences punishable
(a) with death
(b) with imprisonment for life
(c) with imprisonment for a term not less than 10 years
(d) all the above.
161. Under section 167 of Cr PC, for detention for a total period of 90 days during investigation, the expression ‘for a term of imprisonment not less than 10 years’ means
(a) more than 10 years
(b) upto 10 years
(c) less than 10 years
(d) both (b) & (c).
162. Under section 167 of Cr PC for offences other than those punishable with death, imprisonment for life or imprisonment for a period not less than 10 years, the detention during investigation, can be authorised for a total period of
(a) 30 days
(b) 45 days
(c) 60 days
(d) 75 days.
163. If the investigation is not completed within 90 days or 60 days as the case may be, and the accused is in custody, on the expiry of said period the accused is entitled to be
(a) discharged
(b) released on bail or making an application for release on bail
(c) released on bail without making an application for release on bail
(d) acquitted.
164. For the purposes of computation of period of 90 days or 60 days as the case may be, for the purposes of section 167(2) of Cr PC
(a) the day of arrest of the accused has to be excluded
(b) the day on which the accused was remanded is to be excluded
(c) the day of arrest of the accused and the day on which the accused was remanded, if
different, both have to be excluded
(d) the day of arrest of the accused only has to be excluded and the day on which the accused
was remanded, even if different, cannot be excluded.
165. An accused was arrested for offence under section 302, IPC on 1-1-2002, and remanded to judicial/police custody on 2-1-2002, now for the purposes of section 167(2) of Cr PC, in computing the period of ninety days
(a) the day of arrest i.e. 1-1-2002 only has to be excluded and shall be computed w.e.f. 2-1-2002
when remanded, thus 90th day shall fall on 1-4-2002
(b) the day of arrest i.e. 1-1-2002 and the day of remand i.e. 2-1-2002, both have to be excluded
and the 90th day shall fall on 2-4-2002
(c) neither 1-1-2002 i.e. the day of arrest nor 2-1’-2002, the day of remand is to be excluded, and
the 90th day shall fall on 31-3-2002
(d) either (a) or (c).
166. In a case triable by a Magistrate as a summons case, the investigation can not be continued under section 167(5) of Cr PC
(a) beyond a period of six months from the date of arrest of the accused
(b) beyond a period of six months from the date of commission of the offence
(c) beyond a period of maximum term of imprisonment prescribed for the offence from the date
of arrest of the accused
(d) beyond a period of maximum term of imprisonment prescribed for the offence from the date
of commission of the offence.
167. Continuation of investigation, in a summons case triable by a Magistrate, beyond the period of six months, from the date of arrest of the accused, without the previous permission of the Magistrate
(a) shall render the entire investigation vitiated bad and the accused is liable to be discharged
(b) shall not render the entire investigation bad but the accused is liable to be discharged
(c) shall not render the entire investigation bad, but the prosecution can not rely on the
investigation so carried out and the evidence so collected shall not be admissible
(d) either (a) or (b)
168. After completion of investigation, the police is to submit a final report to the Magistrate. The Magistrate
(a) is bound by the conclusions drawn by the police and accept the same if the police
recommended that there is no sufficient ground for proceeding further
(b) is not bound by the conclusions drawn by the police and may order further investigation
(c) may issue a process against the accused person(s)
(d) (d) both (b) 8: (c).
169. Upon the report being forwarded under section 1-73(2) of Cr PC to the Magistrate for dropping of proceedings, before deciding not to take cognizance the Magistrate
(a) must give notice to & provide the informant an opportunity of being heard
(b) need not give notice to & provide the informant an opportunity of being heard at all
(c) may or may not give notice to 8: provide the informant an opportunity of being heard,
depending on the facts & circumstances
(d) both (b) & (c).
170. The orders passed under section 125 of Cr PC are
(a) summary in nature and do not finally determine the rights and obligations of the parties
(b) summary in nature and do not finally determine the rights and obligations of the parties
which are to be finally determined by a civil court
(c) substantive in nature and finally determine the right and obligations of the parties
(d) substantive in nature and are not subject to determination of a right of the parties by a
civil court.
171. Section 125 of Cr PC provides a remedv
(a) by way of summary procedure which is co-extensive with the civil liabilities under the
personal law
(b) by way of summary procedure which is co-extensive with the civil liabilities under the civil
law
(c) by way of summary procedure which is not co-extensive with the civil liabilities under the
personal law or civil law
(d) both (a) and (b).
172. Which of the following statements, in the context of section 125 of Cr PC, is not
correct
(a) it is inconsistent with section 23 of the Hindu Adoption and Maintenance Act, 1956 and both
cannot stand together
(b) section 24 of the Hindu Marriage Act, 1955 does not stand in the way of relief under section
125 of Cr PC
(c) sections 18 and 20 of the Hindu Adoption and Maintenance Act, .1956 have not affected the
right of the wife or the child under section 125 of Cr PC
(d) section 25 of the Hindu Marriage Act, 1955 does not stand in the way of relief under section
125 of Cr PC
173. Section 125 of Cr PC is applicable to
(a) Hindus
(b) Muslims
(c) Christians
(d) all persons belonging to all religions.
174. The Muslim Women (Protection of Rights on Divorce) Act, 1986, deals with
(a) claim of maintenance by a Muslim woman
(b) claim of maintenance by a Muslim divorced women
(c) claim of maintenance by the children of the marriage with said Muslim divorced women
(d) both (b) and (c).
175. Under section 125 of Cr PC who cannot be ordered to provide maintenance
(a) a father
(b) a husband
(c) a daughter
(d) none of the above.
176. Where the husband has obtained a decree of divorce against the wife on the ground
of desertion, under section 125, it is
(a) no bar for the wife to claim maintenance against the husband
(b) bar for the wife to claim maintenance against the husband
(c) may be a bar for the wife to claim maintenance against the husband
(d) either (a) or (c).
177. In proceedings under section 125, Cr. P.C.
(a) strict proof of marriage is necessary
(b) standard of proof is very high as required in a proceeding under the Hindu Marriage Act,
1955
(c) prima facie proof showing that the parties are living as husband and wife is sufficient
(d) prima facie proof showing that the parties are living on husband and wife is not sufficient and
something more is required.
178. Under section 125 of Cr PC the father and the mother i.e. the parents can claim maintenance from their
(a) son
(b) daughter
(c) stepson
(d) both son and daughter.
179. The expression ‘mother’ under section 125(1) means and is referable to
(a) real or natural mother
(b) stepmother generally
(c) both (a) and (b)
(d) neither (a) nor (b).
180. Section 188 of Cr PC provides for extra- territorial jurisdiction over
(a) Indian citizens
(b) non-citizens
(c) foreigners
(d) all of the above.
181. A stepmother can claim maintenance under section 125 of Cr PC from her stepson
(a) provided she is childless and widow
(b) provided she is childless, and her husband is incapable of supporting and maintaining her
(c) provided she is childless though her husband is capable of supporting and maintaining her
(d) both (a) and (b).
182. Maintenance under section 125 of Cr PC can be claimed
(a) by a legally wedded wife during the subsistence of marriage
(b) by a divorced wife who has not remarried
(c) both (a) and (b)
(d) only (a) &(b)
183. Maintenance under section 125 of Cr PC cannot be claimed
(a) by a married daughter having attained majority
(b) by legitimate or illegitimate minor child
(c) by father or mother
(d) all the above.
184. Who amongst the following can claim maintenance under section 125 of Cr PC
(a) a legitimate or illegitimate major male child, suffering from physical or mental abnormality
(b) a legitimate or illegitimate minor child
(c) wife including divorced but not remarried woman –
(d) all the above.
185. Amount of maintenance under section 125 of Cr PC is
(a) limited to Rs. 500 per month
(b) limited to Rs. 1000 per month
(c) limited to Rs. 5000 per month
(d) without any limit.
186. Section 125 of Cr PC does not contemplate payment of maintenance allowance
(a) by mother to children
(b) by wife to husband
(c) both (a) & (b)
(d) neither (a) nor (b).
187. Under section 125(4) of Cr PC who of the following cannot claim maintenance
(a) wife living in adultery
(b) wife living separately by mutual consent
(c) both (a) and (b)
(d) either (a) or (b).
188. Under section 125 of Cr PC, a Magistrate
(a) has the power to grant interim maintenance & the expenses of the proceedings
(b) has no power to grant interim maintenance & the expenses of the proceedings
(c) has power to grant interim maintenance but no power to grant expenses of the
proceedings
(d) has no power to grant interim maintenance but has the power to grant expenses of the
proceedings.
189. Monthly allowance for maintenance or interim maintenance & expenses for
proceedings are payable
(a) from the date of the order (b) from the date of the application if specifically ordered
(c) from the date of the application even if not specifically ordered
(d) both (a)&(b).
190. Monthly allowance or the interim monthly allowance can be altered, as provided
(a) under section 125(5) of Cr PC
(b) under section 126 of Cr PC
(c) under section 127 of Cr PC
(d) under section 128 of Cr PC.
191. An order for maintenance or interim allowance can be cancelled under the
circumstances stated in
(a) under section 125(5) of Cr PC
(b) under section 127(2) of Cr PC
(c) under section 127(3) of Cr PC
(d) all the above.
192. Proceedings under section 125 of Cr PC
(a) can be instituted where the wife is residing on the date of the application
(b) can be instituted where the husband resides or is residing on the date of the application
(c) where the husband & the wife last resided
(d) either (a) or (b) or (c).
193. Application for interim monthly allowance & expenses of the proceedings
(a) is to be decided within 30 days of the service of notice of the application to such person
(b) is to be decided within 60 days of the service of notice of the application to such person
(c) is to be decided within 90 days of the service of notice of the application to such person
(d) is to be decided within 6 months of the service of notice of the application to such person.
194. Under section 125 of Cr PC, imprisonment of the defaulter
(a) is a mode of satisfying the liability
(b) is the mode of enforcement only
(c) is both mode of satisfying the liability & of enforcement
(d) a person ordered to pay maintenance stands absolved by his being sent to jail.
195. Period of limitation for execution of the order of maintenance is
(a) one year from the date on which it becomes due
(b) three years from the date on which it becomes due
(c) twelve years from the date on which it becomes due
(d) thirty years from the date on which it becomes due.
196. In case where an inquiry, trial or other proceedings have been conducted in a wrong Place
(a) the inquiry, trial or other proceedings shall be void ab imtio
(b) the inquiry, trial or other proceedings cannot be set aside as void unless it has occasioned
in failure of justice
(c) the inquiry, trial or other proceedings, cannot be set aside even if it has occasioned in
failure of justice
(d) either (a) or (c).
197. Objection as to the lack of territorial jurisdiction of the criminal court
(a) can be taken before or at the time of commencement of trial
(b) can be taken at any time after the commencement of trial
(c) can be taken in appeal for the first time
(d) all the above.
198. Under the scheme of Cr PC the original jurisdiction to take cognizance of an offence is vested in
(a) the Court of Sessions
(b) the Court of Magistrate
(c) the High Court
(d) all the above.
199. Court of Sessions has the original jurisdiction to take cognizance of offences, by virtue of
(a) section 190 of Cr PC
(b) section 193 of Cr PC
(c) section 199 of Cr PC
(d) section 198 of Cr PC.
200. Court of Sessions under section 199 of Cr PC has the original jurisdiction to take cognizance
(a) on an oral complaint of a private person
(b) on an oral complaint of the public prosecutor
(c) on a written complaint of a private person
(d) on a written complaint of the public prosecutor.
201. Period of limitation prescribed for making a complaint to the Court of Sessions in original jurisdiction is
(a) three months from the date of commission of the offence
(b) six months from the date of commission of the offence
(c) one year from the date of commission of the offence
(d) as provided under section 468 of Cr PC.
202. Under section 188 of Cr PC sanction of the Central Government is
(a) a condition precedent for taking cognizance of the offence
(b) not a condition precedent for taking cognizance and could be obtained before trial begins
(c) not necessary
(d) necessary only where a foreigner is involved in the commission of the offence.
203. Taking cognizance is
(a) a judicial function
(b) an administrative function
(c) a supervisory function
(d) both (a) and (b).
204. While taking cognizance, the court takes cognizance of
(a) the offence
(b) the offender
(c) the offenders if there are more than one
(d) all of the above.
205. The court is said to have taken cognizance when it
(a) orders investigation under section 156(3) of Cr PC
(b) issues a search warrant for the purpose of investigation P
(c) both (a) and (b)
(d) neither (a) nor (b).
206. The competency and jurisdiction of the Magistrate to take cognizance of the offence
(a) affected by the illegality committed in the course of investigation
(b) affected by the irregularity committed in the court of investigation
(c) neither (a) nor (b)
(d) both (a) and (b).
207. At the time of taking cognizance the Magistrate is to see
(a) whether there are sufficient grounds on record to proceed against the accused person
(b) whether there is a prima facie case against the accused person to frame the charge
(c) sift or appreciate the evidence with reference to the material and come to the conclusion
whether prima facie case is made out against the accused
(d) all of the above.
208. Where the Magistrate takes cognizance suo motu under section 190(1)(c) of Cr PC,
the compliance with the provisions of section 191 of Cr PC is
(a) directory, being procedural
(b) mandatory
(c) discretionary
(d) optional.
209. Non-compliance with the provisions under section 191 of Cr PC where cognizance is taken by the Magistrate under section 190(1)(c) of Cr PC
(a) vitiates the trial and the proceeding will be wholly void
(b) is an irregularity curable under section 460 of Cr PC
(c) does not vitiate the trial unless it has caused prejudice to the accused
(d) amounts to waiver of his right by the accused.
210. Section 190 of Cr PC provides for taking of cognizance by the Magistrate
(a) on a police report filed under section 173 of Cr PC
(b) on a complaint within the meaning of section 2(d) of Cr PC
(c) suo motu
(d) all the above.‘
211. On receipt of a complaint within the meaning of section 2(d) of Cr PC, the Magistrate
(a) has the jurisdiction to conduct an inquiry himself
(b) has the jurisdiction to direct the police to investigate
(c) both (a) & (b)
(d) only (b) & not (a).
212. Cognizance of offence punishable under Chapter X of IPC can be taken by the Magistrate
(a) on a police report
(b) on a written complaint of the public servant
(c) both (a) & (b)
(d) only (a) & not (b).
213. The provisions of section 195 of Cr PC are
(a) directory, being procedural
(b) discretionary, depending on the facts and circumstances of the case
(c) optional for the court
(d) mandatory
214. The provisions of section 195 of Cr PC require
(a) a complaint in writing
(b) an oral complaint
(c) either'(a) or (b)
(d) neither (a) nor (b).
215. Under section 195 of Cr PC the complaint in writing must be by
(a) the public servant concerned
(b) an officer to whom such public servant is administratively subordinate
(c) either (a) or (b)
(d) both (a) and (b).
216. Sections 195 to 199 of Cr PC lay down
(a) rules of procedure simply without creating any bar to the taking a cognizance by a court
(b) create a bar to the taking of cognizance unless some requirements are complied with
(c) create an absolute bar to the taking of cognizance irrespective of whether the requirement are
complied with or not
(d) either (a) or (c).
217. Under section 195 of Cr PC a complaint can be filed by
(a) a public servant
(b) a private individual
(c) police
(d) either (a) or (b) or (c) .
218. Section 197 of Cr PC affords protection to
(a) private individuals
(b) employees of public sector undertakings
(c) public servants
(d) all the above.
219. Prosecution for offences against marriage under Chapter XX of IPC
(a) can be launched by any person through a complaint
(b) can be launched by any person aggrieved by the offence through a complaint
(c) can be launched by the police
(d) all the above.
220. Cognizance of offence under section 498A of IPC can be taken
(a) on a police report
(b) on the complaint of the person aggrieved
(c) on the complaint of father, mother, brother or sister of the person aggrieved
(d) all the above.
221. Cognizance of offence of defamation under Chapter XXI of IPC can be taken
(a) on a police report
(b) on a complaint made by an aggrieved person
(c) suo motu
(d) all the above.
222. Where the Magistrate takes cognizance of the offence on a complaint made to him
and considers, before the issue of process to the accused that the matter should be
investigated, such investigation can be ordered, under
(a) section 156(3) of Cr PC
(b) section 190 of Cr PC
(c) section 173(8) of Cr PC
(d) section 202 of Cr PC
223. On receipt of a complaint, before ordering investigation by the police, under section
156(3) of Cr PC, the Magistrate has to see that
(a) the complaint discloses cognizable offence(s) triable by the Magistrate
(b) the‘ complaint discloses cognizable offence(s) exclusively triable by the Court of Session
(c) the coniplaint discloses cognizable offence(s) irrespective of whether the same is triable by
the Magistrate or exclusively by the Court of Session
(d) the complaint discloses cognizable offence(s) only triable by the Magistrate and not
exclusively triable by the Court of Sessions, as it is for the Magistrate to enquire himself into
offences exclusively triable by the Court of Sessions.
224. In a complaint disclosing commission of offence triable by a Magistrate
(a) it is necessary to examine the complainant and all the other witnesses on oath
(b) it is not necessary to examine the complainant and all the other witnesses
(c) it is necessary to examine the complainant on oath & it is not necessary to examine all
the other witnesses
(d) both (a) & (c).
225. Recording of pre-summoning, evidence may be dispensed with under section 200 of Cr
PC
(a) if the complaint is supported by the affidavit of the complainant
(b) if the complaint is made in writing by a public servant in the discharge of his official duties
(c) both (a) & (b) are correct
(d) only (a) is correct but (b) is incorrect.
226. Once the Magistrate has proceeded with examination of the complainant or decided to
record the statement of the complainant on oath
(a) the police cannot be directed to investigate under section 156(3) of Cr PC
(b) the police can still be directed to investigate under section 156(3) of Cr PC
(c) the police may or may not be so directed under section 156(3) of Cr PC depending on the
facts & circumstances of the case
(d) both (b) &(c).
227. On a complaint for offence(s) triable by a Magistrate, after the recording of the
statement of the complainant & the witnesses, if any on oath
(a) the-police can be directed to investigate under section 156(3) of Cr PC
(b) the police can be directed to investigate under section 202 of Cr PC
(c) both (a) & (b)
(d) neither (a) nor (b).
228. On a complaint for offence(s) triable by the Court of Sessions, after recording of the
statement of the complainant & the witnesses on oath
(a) the police can be directed to investigate under section 156(3) of Cr PC
(b) the police can be directed to investigate under section 202 of Cr PC
(c) the police cannot be directed to investigate at all and the Magistrate himself has to conduct an
enquiry
(d) both (a) & (b).
229. Direction to the police to investigate under section 202 of Cr P C
(a) can be given without examining the complainant on oath
(b) cannot be given without examining the complainant on oath
(c) can be given before or after the examining of the complainant on oath
(d) both (a) & (c).
230. In a, complaint disclosing commission of offence(s) exclusively triable by the Court
of Sessions
(a) it is necessary that the complainant & some of the witnesses be examined on oath
(b) it is necessary to examine the complainant on oath 8: no witness need be examined on oath
(c) it is necessary to examine the complainant and all the witnesses of the complainant on oath
(d) either (a) or (b).
231. Filing of list of witnesses by the complainant before issuance of summons or warrant
to the accused under section 204 of Cr PC
(a) is mandatory
(b) is directory
(c) neither mandatory nor directory
(d) either mandatory or directory.
232. If the complainant fails to file the list of witnesses before issuance of summons or
warrant to the accused
(a) the same cannot be filed thereafter
(b) the same can be filled at any time thereafter without the permission of the court
(c) the same can be filed at any time thereafter only with the permission of the court
(cl) either (a) or (b).
233. Special summons under section 206 of Cr PC can be issued
(a) by a Magistrate only
(b) by a Court of Sessions
(c) by a Magistrate as well as the Court of Sessions
(d) ” by the High Court.
234. A case can be committed to the Court of Sessions, by a Magistrate
(a) under section 209 of Cr PC
(b) under section 323 of Cr PC
(c) under section 324 of Cr PC
(d) both (a) & (b) above.
235. Under section 209 of Cr PC, a case can be committed to the Court of Sessions
(a) if the offenceis exclusively triable by the Court of Sessions
(b) if the Magistrate thinks that the case ought to be tried by the Court of Sessions l
(c) both (a) &: (b)
(d) only (b) & not (a).
236. Section 323 of Cr PC provides for committal of cases to the Court of Sessions
(a) which disclose commission of offences exclusively triable by the Court of Sessions
(b) which the Magistrate thinks ought to be tried by the Court of Sessions
(c) both (a) & (b)
(d) only (a) & not (b).
237. Section 210 of Cr PC provides for
(a) stay of police investigation
(b) stay of proceedings in complaint case
(c) both (a)/1&2 (b)
(d) neither (a) nor (b).
238. Section 210 of Cr PC can be invoked
(a) when there is a complaint case & police is also investigating the matte.
(b) when there is a complaint case but no police investigation is in progress
(c) when there is a complainant case & the police has already completed the
investigation & filed the final report
(d) all the above.
239. In case of merger of the complaint with the police report the procedure to be
followed for the trial
(a) shall be of the complaint case
(b) shall be of the case instituted on the police report
(c) shall be of both as per convenience during the trial,
(d) shall be the one as directed ‘by the Magistrate.
240. Before issuance of process against the accused, in a complaint case ‘
(a) the accused has a right to participate in the proceedings
(b) the accused has no right to participate in the proceedings
(c) the accused has a right to watch the proceedings
(d) both (b) & (c).
241. Order of issuance of process against the accused in a complaint case under section
204 of Cr PC, by the Magistrate
(a) can be reviewed by the court issuing the summons
(b) cannot be reviewed by the Magistrate as under the Cr PC the Magistrate has no powers to
review the order
(c) can only be revised by the Court of Sessions or the High Court
(d) both (b) & (c) are correct.
242. After dismissal of a complaint under section 203, a fresh similar complaint on the
same facts
(a) is banned
(b) is not banned but will be entertained only in exceptional circumstances
(c) in not banned and will be entertained in all circumstances
(d) either (a) or (c).
243. Committal proceedings under section 209 of Cr PC are in the nature of
(a) aid in investigation
(b) inquiry
(c) trial
(d) either inquiry or trial.
244. Jurisdiction to grant bail under section 438 of Cr PC vests with
(a) the Court of Magistrate
(b) the Court of Sessions
(c) the High Court
(d) the Court of Sessions and the High Court and not in the Court of Magistrate.
245. Under section 436 of Cr PC bail can be granted
(a) by police
(b) by the Magistrate
(c) by the police as well as the Magistrate
(d) by the Magistrate only & not the police.
246. A person who is granted bail under section 436 Cr PC fails to comply with the
conditions of time 8: A place of attendance, on a subsequent occasion
(a) again entitled to bail as a matter of right
(b) is not entitled to bail as a matter of right
(c) the court may refuse to release him on bail
(d) both (b) & (c). V
247. Under section 437 Cr PC, on a mere fact that an accused person may be required
for being identified by witnesses during investigation
(a) bail can be refused
(b) bail cannot be refused
(c) bail should be refused
(d) bail can be & should be refused.
248. In a non-bailable offence triable by a Magistrate, application for bail under section
437 of Cr PC can be moved before the Court of
(a) Magistrate competent to try & entertain the case
(b) Chief Judicial Magistrate or additional Chief Judicial Magistrate
(c) Court of Sessions
(d) only (a) & (c).
249. Conditions on the release on bail can be imposed
(a) in a bailable offence
(b) in all the non-bailable offences
(c) in non-bailable offences punishable with imprisonment may extend to seven years or more
(d) only in (b) & (c).
250. Any condition imposed by a Magistrate while releasing the accused in a nonbailable
offence case can be set aside or modified
(a) by the Magistrate himself
(b) by the Court of Sessions
(c) by the High Court
(d) all the above.
251. Under section 439 of Cr PC, the jurisdiction to cancel the bail vests with
(a) the Court of Sessions
(b) the High Court
(c) the court of Magistrate
(d) only (a) & (b).
252. Under section 437 of Cr PC the jurisdiction to cancel the bail vests with
(a) the Magistrate competent to try & entertain the offence
(b) the Magistrate where the Magistrate has not ordered the release on bail
(c) the Magistrate only where the Magistrate has ordered the release on bail
(d) all the above.
253. In a case of non-bailable offence, a bail granted by a Magistrate can be cancelled
under section 437(5) of Cr PC
(a) by the Magistrate granting the bail
(b) by the Court of Sessions
(c) by the High Court
(d) all of the above.
254. Bail amount fixed by the Magistrate can be
(a) reduced by the Magistrate
(b) reduced by the Court of Sessions 261.
(c) reduced by the High Court
(d) only (b) & (c).
255. Section 438 of Cr PC can be invoked
(a) in cases of non-bailable offences
(b) in cases of bailable offence
(c) both (a) & (b) 262.
(d) neither (a) nor (b).
256. Cash in lieu of surety bond can be permitted by virtue of
(a) section 441 of Cr PC
(b) section 442 of Cr PC
(c) section 445 of Cr PC
(d) section 444 of Cr PC.
257. For non-payment & non-recovery of penalty from the surety under the surety bond,
the surety can be sentenced to
(a) simple imprisonment only
(b) rigorous imprisonment only
(c) civil imprisonment only
(d) either (a) or (b) or (c).
258. Surety can be sentenced to civil imprisonment in default of payment of penalty
under the surety bond for a maximum period of
(a) six months .
(b) three months
(c) two months
(d) one month.
259. Penalty under the surety bond
(a) cannot be remitted
(b) can be remitted in full
(c) can be remitted in part only
(d) can be remitted in full or in part.
260. Propositions as regards the liability of the surety under the surety bond are:—
I. The liability of the surety is mutually exclusive of the liability of the accused under his
personal bond.
II. The liability of the surety is contingent on the liability of the accused under his personal
bond the liability of the surety. is limited to the amount of the surety bond.
Now which of the following is correct
(a) I & III are correct
(b) I & ll are correct
(c) II & III is correct
(d) I, ll & III, all are correct.
261. The personal attendance of the accused can be dispensed with
(a) under section 207 of Cr PC
(b) under section 206 of Cr PC
(c) under section 205 of Cr PC
(d) under section 256 of Cr PC.
262. Error or omission in framing of charge
(a) is material in all circumstances shall vitiate the trial
(b) is material only if it has occasioned a failure of justice to the accused
(c) is material and the accused is liable to be acquitted
(d) both (a) & (c).
263. Addition or alteration of charge has been provided
(a) under section 214 of Cr PC
(b) under section 215 of Cr PC
(c) under section 216 of Cr PC
(d) under section 218 of Cr PC.
264. Under section 216 of Cr PC, the Court has the power to
(a) add to the charge(s) already framed
(b) alter the charge(s) already framed
(c) only alter & not to add to the charge already framed
(d) add to and alter the charge both.
265. Under section 217 of Cr PC, on addition or alteration of charge
(a) the prosecution has a right to re-call the witnesses already examined
(b) the accused has a right to re-call the witnesses already examined
(c) the prosecution has a right to call any further witness
(d) all the above.
266. Joinder of charges is permissible
(a) under section 219 of Cr PC
(b) under section 220 of Cr PC
(c) under section 221 of Cr PC
(d) all the above.
267. Joint trial of several persons is permissible
(a) under section 219 of Cr PC
(b) under section 223 ‘of Cr PC
(c) under section 221 of Cr PC
(d) under section 222 of Cr PC.
268. Which of the following is incorrect
(a) two diametrically different versions can be put to a joint trial
(b two versions which one not mutually exclusive can be put to a joint trial
(c) the joint trial of several per/sons partly by applying one clause and partly by applying another
clause of section 223 is authorised
(d) the various clauses of section 223, Cr PC are not mutually exclusive.
269. If an accused is charged of a major offence, but on the facts established he cannot be
held guilty of that major offence. At the same time the facts established indicate that a
minor offence has been committed, the person so tried for major offence can be
convicted for such minor offence. It has been so provided
(a) under section 220 of Cr PC
(b) under section 223 of Cr PC
(c) under section 222 of Cr PC
(d) under section 221 of Cr PC.
270. The forms in which the charges may be framed are set forth in
(a) section 211 of Cr PC
(b) section 214 of Cr PC
(c) lst Schedule of Cr PC
(d) 2nd Schedule of Cr PC.
271. If one is accused of an act which may amount to theft, or receiving stolen property
or cheating and is charged for theft only and from the evidence it appears that he has
committed cheating, he can be convicted for cheating though no charge for cheating has
been formally framed, by virtue of
(a) section 214 of Cr PC
(b) section 221 of Cr PC
(c) section 223 of Cr PC
(d) section 224 of Cr PC.
272. Due to non-framing of charge, or due to any error, omission or irregularity in the
charge, finding, sentence or any order by a court of competent jurisdiction
(a) shall be invalid always
(b) shall be valid generally
(c) shall be invalid only when infact it has occasioned failure of justice
(d) both (b) & (c).
273. Under section 267 production warrants in respect of a person detained in prison,
can be issued for the purposes of
(a) investigation
(b) inquiry
(c) trial
(d) all the above.
274. In a criminal trial evidence on affidavit can be given
(a) for allegation made in respect of a public servant
(b) for any person whose evidence is of formal character
(c) both (a)& (b)
(d) neither (a) nor (b).
275. In criminal trial, admission denial of documents can be done by the prosecution or
the accused,
(a) under section 294 of Cr PC
(b) under section 293 of Cr PC
(c) under section 295 of Cr PC
(d) under section 296 of Cr PC.
276. Reports of certain Government scientific experts are admissible in evidence without
any formal proof, under
(a) section 291 of Cr PC
(b) section 292 of Cr PC
(c) section 293 of Cr PC
(d) section 294 of Cr PC.
277. Examination of witnesses in the absence of the accused can be done, under
(a) section 299 of Cr PC
(b) section 321 of Cr PC
(c) section 224 of Cr PC
(d) section 301 of Cr PC.
278. Rule autre for’s aquit or autre f0r’s commit is contained in
(a) section 321 of Cr PC
(b) section 320 of Cr PC
(c) section 300 of Cr PC
(d) section 298 of Cr PC.
279. During inquiry or trial, the accused is remanded to custody
(a) under section 167(1) of Cr PC
(b) under section 167(2) of Cr PC
(c) under section 309(1) of Cr PC
(d) under section 309(2) of Cr PC.
280. During inquiry or trial, under section 309 of Cr PC Magistrate can remand the
accused
(a) for a maximum of one month at a time
(b) for a maximum of 15 days at a time
(c) for a maximum period of 14 days at a time
(d) for a period till next date irrespective of days.
281. Hearing on sentence by a Magistrate is required, on conviction
(a) in a summons trial case under section 255(2) of Cr PC
(b) in a warrant trial case under section 248(2) of Cr PC
(c) both (a) & (b)
(d) only (b) & not (a).
282. Under section 248(2) of Cr PC
(a) conviction & sentence can be passed on the same day
(b) conviction & sentence cannot be passed on the same day I
(c) conviction & sentence passed on the same day shall be valid unless occasions failure of
justice
(d) both (a) & (c).
283. In a summons case, instituted on a complaint, the accused having been summoned is
liable to be acquitted under section 256 of Cr PC
(a) on account of death of the complainant
(b) on account of non-appearance of the complainant
(c) both (a) & (b)
(d) only (b) & not (a).
284. In a summons trial case instituted on a complaint wherein the summons have been
issued to the accused, the non-appearance or death of the complainant shall entail
(a) discharge of the accused
(b) acquittal of the accused
(c) either discharge or acquittal depending on the facts & circumstances of the case
(d) (d) only (a) & (c) above.
285. Withdrawal of a complaint under section of Cr PC results in
(a) acquittal of the accused in cases where charge has already been framed
(b) discharge of the accused in cases where the charge has not yet been framed
(c) acquittal of the accused irrespective of whether the charge has been framed or not
(d) either (a) or (b).
286. Compounding of offence under section 320 of Cr PC results in
(a) acquittal of the accused under all circumstances
(b) acquittal of the accused only where the charge has already been framed
(c) discharge of the accused where the charge has not yet been framed
(d) either (b) or (c).
287. Proceedings under section 258 of Cr PC can be stopped
(a) in a summons case instituted upon a complaint
(b) in a summons case instituted otherwise than upon a complaint
(c) in a warrant case instituted upon a complaint
(d) in a warrant case instituted otherwise than upon a complaint,
288. Stoppage of proceedings under section 258 of Cr PC has the effect of
(a) acquittal under all circumstances
(b) acquittal where the evidence of the principal witness has been recorded
(c) discharge in all other cases where the evidence of the principal witness has not been
recorded
(d) only (b) & (C).
289. Magistrate has the power under section 259 of Cr PC to convert a summons trial
case into a warrant trial case
(a) relating to any offence irrespective of the punishment prescribed.
(b) relating to an offence punishable for a term exceeding six months
(c) relating to an offence punishable for a term exceeding one year
(d) relating to an offence punishable for a term exceeding two years.
290. Under section 260‘ of Cr PC which of the following offences cannot be tried
summarily
(a) offences punishable with imprisonment exceeding three months
(b) offences punishable with imprisonment exceeding six months
(c) offences punishable with imprisonment exceeding one year
(d) offences punishable with imprisonment exceeding two years.
291. Under section 311 of Cr PC, a witness can be called
(a) on the motion of the prosecution
(b) on the motion of the defence
(c) on its own motion by the court
(d) all the above.
292. Power to re-call any witness(es) under section 311 of Cr PC can be exercised
(a) even after the evidence of both the sides is closed
(b) after the evidence of the prosecution is closed, but before the evidence of defence is closed
(c) before the evidence of the prosecution is closed, if the witness is to be called on the motion of
the prosecution
(d) after the evidence of the prosecution is closed if the witness is called on the motion of the
defence.
293. Power under section 311 of Cr PC can be exercised
(a) to re-call any witness(es) already examined
(b) to summon any witness who has been cited as a witness but not produced or examined before
the evidence is closed
(c) to summon any witness who has not been cited as a witness
(d) all the above.
294. Under section 313 of Cr PC, the statement of the accused
(a) has to be recorded on oath
(b) has to be recorded without oath
(c) either on oath or without oath depending on whether the case is a summons trial or a
warrant trial
(d) either on oath or without oath as per the discretion of the court.
295. Recording of the statement of the accused
(a) can never be dispensed with
(b) may be dispensed with in a summons trial case generally
(c) may be dispensed with in a summons trial case where the personal attendance of the
accused has been dispensed with
(d) may be dispensed with in a warrant trial case where the personal attendance of the
accused has been dispensed with.
296. Answers given by the accused to the question put to him while recording his
statement under section 313 of Cr PC can be taken into consideration for
(a) judging the innocence of the accused
(b) judging the guilt of the accused
(c) for judging the innocence or guilt of the accused
(d) neither for judging the innocence nor the guilt of the accused.
297. Each material circumstance appearing in evidence against the accused must be put
to the accused specifically, distinctly & separately. In this context, the propositions are
I. Failure to put the material evidence to the accuse/d always vitiates the trial
II. Failure to put the material evidence amounts to a serious irregularity which can not be
cured & vitiates the trial, if it has prejudiced the accused.
III. Failure to put the material evidence is not considered to services 8: is curable if in fact no
failure of justice has occasioned to the accused.
Now which of the following is correct
(a) I & II are correct
(b) I & III are correct
(c) I, II & III all are correct
(d) II & III are correct.
298. Offences can be compounded under section 320 of Cr PC by the legal guardian of
(a) a person under the age of 18 years
(b) a person who is an idiot
(c) a person who is lunatic
(d) all the above.
299. If the person who is competent to compound is dead, the compounding
(a) can not be done
(b) can be done by the legal representative of the deceased without the permission of the court
(c) can be done by the legal representative of the deceased only with the permission of the court
(d) both (b) & (c).
300. Under section 321 of Cr PC
(a) prosecution can be withdrawn in summons case without consent of the court
(b) prosecution can be withdrawn in a warrant case without consent of the court
(c) in any type of cases but only with the consent of the court
(d) both (a) & (b).
301. I. Withdrawal of prosecution can only be for all the accused persons in a case if there is
more than one offence
II. Withdrawal of prosecution can be in respect of any one or more of the offences
III. Withdrawal of prosecution has to be in respect of all the offences as it is the withdrawal
of the case
Which of the following is correct
(a) I, II &: III all are correct
(b) I & II are correct
(c) I & III are correct
(d) II & Ill are correct.
302. Legal effect of withdrawal is
(a) acquittal irrespective of whether the charge has been framed or not
(b) acquittal when made after the framing of change(s) and discharge if made before the
framing of charge(s)
(c) discharge irrespective of the stage at which the case is pending
(d) either (a) or (c).
303. Under section 315 of Cr PC
(a) an accused can not be a witness ‘
(b) an accused can be compelled to give his own evidence generally
(c) an accused can be called as a witness only on his own request in writing
(d) either (a) or (b).
304. In a joint trial where several accused persons are being tried, one accused examines
himself as a witness, now
(a) all the other co-accused, if there are more than one co-accused other than the accused,
examining himself as a witness, have a right to cross-examine that accused, on a matter of
right
(b) all the other co-accused have a right to cross-examine that accused if the accused examining
himself deposing something against one of the co-accused
(c) only that co-accused has a right to cross- examine the accused examining himself as witness,
against whom such an accused has deposed something
(d) the co-accused do not have any right at all to cross-examine, the accused examining himself
as a witness under any circumstances.
305. An accused having made a request in writing to examine himself and having been
called to examine himself
(a) must necessarily examine himself
(b) has the liberty not to give evidence without giving rise to any presumption against him
(c) has the liberty not to give evidence, but in such a case a presumption against him arises
(d) has the liberty not to give evidence but in such a case a presumption arises against him &
other co-accused tried alongwith him jointly.
306. Power under section 319 of Cr PC can be exercised
(a) by the Magistrate and the Court of Sessions both only after recording of evidence during
the inquiry or trial
(b) by the Magistrate before recording of evidence but by the Court of Sessions only after
recording of evidence
(c) by the Magistrate and the Court of Sessions both even before recording of evidence
(d) by the Magistrate only after recording evidence but by the Court of Sessions before
recording of evidence.
307. The Magistrate has the power to grant compensation to the victim as, provided
under
a) section 360 of Cr PC
b) section 359’ of Cr PC
c) section 358 of Cr PC
d) section 357 of Cr PC
308. The compensation to the victim under section 357 of Cr PC can be granted on
(a) Conviction
(b) Acquittal
(c) Discharge
(d) either (a) or (b) or (c).
309. Order under section 357 of Cr PC granting compensation to the victim can be
passed by
(a) the trial court
(b) the appellate court
(c) the revision court 317. Under section 456 of Cr PC
(d) either (a) or (b) (c).
310. Compensation can be ordered to be paid under section 357 of Cr PC
(a) when fine does not form part of the sentence
(b) when fine form part of the sentence
(c) either (a) or (b)
(d) only (b) and not (a)
311. Disposal of property‘ during the pendency of trial is governed
(a) by section 454 of Cr PC
(b) by section 451 of Cr PC
(c) by section 452 of Cr PC
(d) by section 453 of Cr PC.
312. Disposal of property at the conclusion of trial is governed by
(a) section 452 of Cr PC
(b) section 453 of Cr PC
(c) section 454 of Cr PC
(d) section 455 of Cr PC.
313. Property within the meaning of section 451 of Cr PC
(a) can be moveable property alone
(b) can be immoveable property
(c) can be moveable & immoveable property both
(d) can be chattels only.
314. Order passed under section 451 of Cr PC is
(a) a final order .
(b) an interlocutory order
(c) both (a) & (b)
(d) either (a) or (b).
315. For application of section 451 of Cr PC. The property
(a) must have been produced before the court during inquiry or trial
(b) must have been the subject matter of offence
(c) must have been used in the commission of the offence
(d) all the above.
316. The prosecution of judges and public servants are provided in
(a) section 197 of Cr PC
(b) section 179 of Cr PC
(c) section 297 of Cr PC
(d) section 279 of Cr PC.
317. Under section 456 of CrPC
(a) possession of an immoveable property cannot be restored at all and a person has to resort
to civil court
(b) possession of an immoveable property can be restored only in case the person is
convicted
(c) possession of an immoveable property can be restored even in case of the person is
acquitted
(d) possession of an immoveable property can be restored in case of conviction even though
the findings of the civil court are in favour of the person convicted.
318. When the property is not produced before the court pending or during the inquiry
or trial, the disposal of property shall be governed by
(a) section 454 of Cr PCP
(b) section 455 of Cr PC
(c) section 457 of Cr PC
(d) section 458 of Cr PC.
319. While passing an order for disposal of property
(a) the Magistrate has to decide the question of title
(b) the Magistrate has to decide the question of entitlement of possession without deciding the
title –
(c) the Magistrate has to decide the question of title as well as the question of entitlement of
possession
(d) the Magistrate has to decide the question of entitlement of possession on the basis of decision
as to the question of title.
320. Under section 459 of Cr PC, the Magistrate may order for the selling of property by
the Government, if no claimant appears
(a) within 3 months
(b) within 6 months
(c) within one year
(d) within three years.
321. A Magistrate not empowered by law to order, under section 155 of Cr PC, the police
to investigate an offence, orders the police to investigate the offence. Such order is
(a) illegal and cannot be protected under section 460 of Cr PC
(b) irregular and is protected under section 460 of Cr PC
(c) illegal but not liable to be set aside unless it amounts to miscarriage of justice
(d) irregular but liable to be set aside.
322. In a non-cognizable case, investigation made by the police, without order of the
Magistrate under section 155(2) of Cr PC, is an
(a) illegality not curable under section 460 of Cr PC
(b) irregularity curable under section 460 of Cr PC
(c) illegality, but the Magistrate can proceed on the report if so desires and can be validated
subsequently
(d) irregularly and the Magistrate has to proceed on the report submitted.
323. Irregularities which do not vitiate trial have been stated in
(a) section 460 of Cr PC
(b) section 461 of Cr PC
(c) section 462 of Cr PC
(d) section 466 of Cr PC.
324. Irregularities which vitiate trial have been stated in
(a) section 460 of Cr PC
(b) section 461 of Cr PC
(c) section 466 of Cr PC
(d) section 467 of Cr PC.
325. For an offence punishable with fine only, the period of limitation prescribed under
section 468 of Cr PC is
(a) three months
(b) six months
(c) one year
(d) three years.
326. Under section 468 of Cr PC, the period of limitation for an offence punishable with
a ten not exceeding one year is
(a) six months
(b) one year
(c) two years
(d) three years.
327. Period of limitation for an offence punishable with a term of two years, as per
section 468 of Cr PC is
(a) six months
(b) one year
(c) two years
(d) three years.
328. Period of limitation for an offence punishable for a term more than three years is
(a) three years
(b) twelve years
(c) thirty years
(d) no limitation prescribed.
329. Date from which the period of limitation is to commence has been prescribed under
(a) section 472 of Cr PC
(b) section 471 of Cr PC
(c) section 469 of Cr PC
(d) section 470 of Cr PC.
330. Period of limitation shall commence
a) from the date of the offence generally
b) from the date of knowledge of the commission of the offence if not known earlier
c) from the date of establishment of the identity of the accused if not known at the time of
commission of the offence
d) all the above.
331. Court can condone the delay
a) under section 470 of Cr PC
b) under section 471 of Cr PC
c) under section 473 of Cr PC
d) under section 472 of Cr PC.
332. In computing the period of limitation the time during which
(a) the accused avoided arrest by absconding has to be excluded
(b) the accused remained absent from India has to be excluded
(c) both (a) & (b)
(d) only (a) is correct & (b) is incorrect.
333. The FIR can be quashed in the exercise of inherent powers by
(a) the Magistrate’s Court
(b) the Court of Session
(c) the High Court
(d) either (a) or (b) or (c).
334. Under the scheme of Cr. PC. the inherent powers vest in
(a) the High Court
(b) the Court of Session
(c) the Court of District & Sessions judge
(d) all of the above.
335. The inherent powers of the High Court are contained in
(a) section 462 of Cr PC
(b) section 472 of Cr PC
(c) section 482 of Cr PC
(d) section 492 of Cr PC
336. Once police records information report (FIR), a copy of same should be given to
complainant under
(a) section 153 of Cr PC
(b) section 154 of Cr PC
(c) section 155 of Cr PC
(d) section 156 of Cr PC
337. In which among the following cases the Supreme Court held that High Court cannot
directly entertain bail application of POTA accused without its refusal by special court?
(a) State of Gujarat v. Shalimbhai Abdul Gaffar Shaikh
(b) State of Maharashtra v. S.K. Dhinde
(c) State of Gujarat v. Santosh Kumar
(d) State of Uttar Pradesh v. S.N. Srivastava.
338. The special court is
(a) not subordinate to High Court
(b) is subordinate to High Court
(c) superior to High Court ‘
(d) supplement to High Court.
339. In which of the following cases the prosecution witness was prosecuted for Perivry
(a) Iessica Lal case (2007) .
(b) Nitish Katara case (2007) I ‘
(c) Priyadarshni Mattoo case (2006)
(d) None of the above.
340. The person seeking suspension of conviction should specifically draw the attention
of the Appellate Court to the consequences that may arise if the conviction is not stayed
as held by the Supreme Court in
(a) Sheo Prasad Bhor v. State of Assam, AIR 2007 SC 918
(b) P.V. George v. State of Kerala, AIR 2007 SC 1034
(c) Navjot Singh Sidhu v. State of Punjab, AIR 2007 SC 1003
(d) Kuldip Nayar v. Union of India, (2006) 7 SCC 1
341. When ‘ the approver willfully suppresses material facts or gives false evidence
(a) the court itself has inherent power to proceed against Approver
(b) the court does not have inherent power to proceed against Approver
(c) police can take action against him
(d) on the request of police, court take action against Approver.
342. Any‘ effort to settle disputes and claims by applying pressure through criminal
prosecution
(a) should depend upon the present criminal system
(b) should depend upon the discretion of the court
(c) should be deprecated and dis-couraged
(d) should not be deprecated and dis-couraged.
343. If the police does not take action on complaint in respect of cognizable offences, the complainant
(a) has right under section 190 of Cr PC to complaint before local Magistrate
(b) has no right under section 190 of Cr PC to complaint before local Magistrate
(c) has right under section 290 of the Cr PC to complaint before Magistrate
(d) has right under section 390 of the Cr PC to complaint before Magistrate.
344. Whether suspicion is
(a) a substitute for proof of offence
(b) not a substitute for proof of offence
(c) a relevant factor for proof of offence
(d) not a dependent factor.
345. Inherent power of the court to order a joint trial of cases, is excercised when it appears to the court
(a) that some common question of law or fact arises in both proceedings
(b) the right to relief claimed thereof is in respect of the same transaction
(c) the right to relief claimed thereof arises out of the same series of transactions
(d) all the above.
346. In which of the following cases it was held that section 164 of Cr PC is required to be strictly complied with
(a) Babu Bhai Udesinh Parmar v. State of Gujarat, AIR 2007 SC 420
(b) Rajesh Ranjan Yadav v. CB1, AIR 2007 SC 451
(c) Naveen Chandra v. State of llttaranclzal, AIR 2007 SC 363
(d) Amrit Singh v. State of Punjab, AIR 2007 SC
347. In 2007 which High Court ordered ‘No arrest of a woman before sunrise and after sunset’
(a) Delhi High Court
(b) Rajasthan High Court
(c) Allahabad High Court
(d). Bombay High Court
348. Which section of the Cr PC provides that, in no case the aggregate of consecutive sentences passed against an accused shall exceed 14 years
(a) Section 31 of Cr PC
(b) Section 51 of Cr PC
(c) Section 34 of Cr PC
(d) Section 41 of Cr PC
349. The procedure for trial before a Court of Sessions is provided under sections
(a) 260 to 265 Cr PC
(b) 238 to 250 Cr PC
(c) 251 to 259 Cr PC
(d) 225 to 237 Cr PC.
350. The offence committed under which section of IPC is not compoundable under section 320 of Cr PC
(a) Section 352
(b) Section 353
(c) Section 354
(d) Section 355
351. When there is a dispute between two courts relating to exercise of jurisdiction in a criminal matter and said courts are under subordination of different High Courts, the matter shall be decided under section 186 of Cr PC by the
(a) Supreme Court
(b) High Court of the larger State
(c) High Court having more judges
(d) High Court within whose local limits of appellate jurisdiction the proceeding first
commenced.
352. In which case it was held that: Identity of victim is not to be disclosed even in judgment of court?
(a) Slzashikant v. CBI, AIR 2007 SC 351
(b) Dinesh v. State of Rajasthan, AIR 2006 SC
(c) Naveen Chandra v. State of Uttarancnal, AIR 2007 SC 363
(d) none of the above.
353. Within the meaning of section 311A of Cr PC who among the following authorities has power to order person to give specimen signature or handwriting
(a) Magistrate of First Class
(b) Magistrate of Second class
(c) Sessions Judge
(d) any Magistrate.
354. The “Directorate of Prosecution” the provision added in the Cr PC by the Code of Criminal Procedure (Amendment) Act, 2005, shall be established by:
(a) Central Government
(b) each“ State Government
(c) CB1
(d) RAW
355. Within the meaning of section 144A of Cr PC, who among the following authorities
has power to prohibit carrying arms in procession or mass drill or mass training with
arms?
(a) SDIM
(b) Munsiff
(c) District Magistrate
(d) any judicial Magistrate
356. “Plea Bargaining” a new chapter was added in Criminal Procedure Code, 1973 by the Criminal Law Amendment Act, 2005 (2 of 2006) is contained in
(a) Sections 265A to 265E
(b) Sections 265A to 265L
(c) Sections 265A to 265M
(d) Sections 265A to 265N
357. The Code of Criminal Procedure (Amendment) Act, 2005 (25 of 2005) came into force on
(a) 22nd ]une, 2006 I
(b) 21st June, 2005
(c) 23rd Iune, 2006
(d) 23rd ]uly, 2006
358. Chapter XXIA “Plea Bargaining” (containing sections 265A to 265L) of Cr PC came into force on
(a) 5th Iuly, 2006
(b) 16th April, 2006
(c) 23rd Iune, 2005
(d) 23rd June, 2006
359. Provision relating to plea bargaining comes under which Chapter in Criminal Procedure Code
(a) XXI
(b) XXA
(c) VIIA
(d) XXIA
360. Irregularities which do not vitiate proceedings have been stated in
(a) section 460 of Cr PC
(b) section 461 of Cr PC
(c) section 462 of Cr PC
(d) section 486 of Cr PC.
361. The amount of fine which can be imposed by a Magistrate of the First Class has been enhanced by Criminal Procedure (Amendment) Act, 2005 (25 of 2005) from RS. 5000 to
(a) Rs. 5000
(b) Rs. 7000
(c) Rs. 10000
(d) none of the above.
362. The amount of fine which can be imposed by a Magistrate of the second Class has
been enhanced by Criminal Procedure (Amendment) Act, 2005 (25 of 2005) from Rs.
1000 to
(a) Rs. 3000
(b) Rs. 5000
(c) Rs. 7000
(d) none of the above.
363. 363 Which of the following statements is true:
(a) a woman can never be arrested after sunset and before sunrise under the provisions of Cr. P.C.
(b) a woman can be arrested after sunset and before sunrise only under exceptional circumstances
(c) a woman can be arrested after sunset and before sunrise only under exceptional circumstances
with the prior permission of Judicial Magistrate of first class within whose jurisdiction the
offence is committed or the arrest is to be made
(d) none of the above.
364. Examination of person accused of rape by medical practitioner as inserted by Criminal Procedure (Amendment) Act, 2005 (25 of 2005) has been provided under
(a) section 50A
(b) section 53A
(c) section 54A
(d) section 54.
365. The section making it mandatory for the police officer making arrest to inform about the arrest and place where the arrested person is being held to a nominated person as inserted by Criminal ‘ Procedure (Amendment) Act, 2005 (25 of 2005) is
(a) section 50A
(b) section 53A
(c) section 54A
(d) section 53B
366. The section dealing with the medical examination of the victim of rape as inserted by Criminal Procedure (Amendment) Act, 2005 (25 of 2005) is
(a) section 164A
(b) section 166A
(c) section 166B
(d) section 53A.
367. In case of special summons in cases of petty offence under section 206, the amount of fine specified is such summons has, in view of Criminal Procedure (Amendment) Act, 2005 (25’of 2005) has been enhanced from Rs. 100 to
(a) Rs. 200
(b) Rs. 500
(c) Rs. 1000 5
(d) Rs. 2000.
368. Plea Bargaining inserted by Criminal Law (Amendment) Act, 2005 (2 of 2006) does
not apply in case of ‘
(a) offences affecting socio-economic conditions of the country
(b) offences committed against woman
(c) offences against children below the age of fourteen years
(d) all of the above.
369. The judgment delivered by a court in cases of plea bargaining is
(a) final
(b) appealable and appeal lies to the High Court
(c) final and no appeal except SLP under Article 136 and writ petition under Articles 226 & 227
lies
(d) appeal lies directly to the Supreme Court.
370. The statements or facts stated by an accused in an application for plea bargaining:
(a) can be used by the court in any. other case against the accused.
(b) can be used in any other case against the accused only with the permission of the court before
which the application for plea bargaining was made.
(c) cannot be used for any other purpose except for the purpose of this chapter.
(d) None of the above.
371. The powers of Magistrate to order person to give specimen signatures or
handwriting has been inserted by Criminal Procedure (Amendment) Act, 2005 (25 of
2005) under
(a) section 310A
(b) section 311A
(c) section 312A
(d) section 313A.
372. A witness or any other person may file a complaint in relation to an offence under
section 195A of IPC is provided under of Cr.P.C. as inserted by the Code of Criminal
Procedure (Amendment) Act, 2008 (5 of 2009) with effect from 31-12-2009
(a) section 195A
(b) section 196A
(c) section 197A
(d) section 198A.
373. Every State Government in co-ordination with the Central Government shall
formulate Victim Compensation Scheme (VCS) for providing fund for compensation to
victims falls under section 357A of Cr.P.C. with effect from 31-12-2009. This section
was inserted by
(a) Code of Criminal Procedure (Amendment) Act, 2008 (5 of 2009)
(b) Code of Criminal Procedure (Amendment) Act, 2005 (25 of 2005)
(c) Criminal Procedure Law (Amendment) Act, 2005 (2 of 2006)
(d) Code of Criminal Procedure (Amendment) Act, 2001 (50 of 2001).
374. What is true about Criminal Procedure Code in respect of the offences by criminals other than the offences under Indian Penal Code?
(a) Criminal Procedure Code cannot be followed
(b) Criminal Procedure Code can be followed only against offences under Indian Penal Code
(c) Criminal Procedure Code can be followed as it is uniform procedural law in criminal
proceedings
(d) Criminal Laws other than Indian Penal Code have their own procedural application.
375. The term “victim” is defined under
(a) section 2(w)
(b) section 2(wa)
(c) section 2(u)
(d) none of the above.
376. As per section 26 any offence under section 276 and section 376A to 376D of IPC shall be tried as far as practicable by a court presided over by
(a) a woman V
(b) judicial Magistrate of First Class
(c) chief Judicial Magistrate
(d) a High Court judge.
377. Under the provisions of section 198(6) where an offence under section 676 of IPC consists of sexual intercourse by a man with his own wife, the wife being under ……. ..years of age, no court shall take cognizance of the offence if more than one year has elapsed from the date of the commission of the offence
(a) 13
(b) 15
(c) 16
(d) 18
378. Payment of compensation to a victim is provided under
(a) section 356
(b) section 357
(c) section 357A
(d) none of the above.
379. What is about position of Cr. P.C., when former Chief Justices of India are alleged as corrupted after their Retirement from Supreme Court?
(a) Cr. P.C. can be applied with the offence to be charged under IPC.
(b) Cr. P.C. can be applied with offence to be charged under Prevention of Corruption Act, 1988.
(c) Cr. P.C. is silent about to be applied
(d) Cr. P.C. is meant for non-officials only.
380. In which of the following cases the Supreme Court held that FIR was not
substantive evidence and could only be used to corroborate its maker?
(a) Union of India v. A. Kumar, AIR 2010 SC 2735.
(b) C. Magesh v. State of Karrzataka, AIR 2010 SC 2768.
(c) Anil Kumar v. B. S. Neelakanta, AIR 2010 SC 2715.
(d) Viietn Gazm v. State, AIR 2010 SC 2712.

POSSIBLE ANSWERS
1 B 49 B 97 D 145 A 193 B 241 a 289 b 337 a
2 D 50 C 98 A 146 A 194 B 242 b 290 d 338 a
3 C 51 B 99 C 147 C 195 A 243 b 291 d 339 a
4 B 52 D 100 D 148 A 196 B 244 d 292 a 340 c
5 C 53 C 101 B 149 B 197 A 245 c 293 d 341 a
6 D 54 B 102 A 150 D 198 B 246 d 294 b 342 c
7 B 55 C 103 C 151 D 199 B 247 b 295 c 343 a
8 B 56 B 104 A 152 D 200 D 248 d 296 c 344 b
9 C 57 C 105 C 153 B 201 B 249 d 297 d 345 d
10 B 58 A 106 C 154 A 202 B 250 d 298 d 346 a
11 C 59 D 107 C 155 B 203 A 251 d 299 c 347 b
12 D 60 B 108 C 156 D 204 A 252 c 300 c 348 a
13 C 61 B 109 B 157 B 205 D 253 d 301 b 349 d
14 D 62 B 110 C 158 C 206 C 254 d 302 b 350 b
15 B 63 D 111 C 159 A 207 A 255 a 303 c 351 d
16 D 64 C 112 A 160 D 208 B 256 c 304 c 352 b
17 B 65 C 113 D 161 B 209 A 257 c 305 b 353 a
18 C 66 D 114 C 162 C 210 D 258 a 306 a 354 b
19 C 67 B 115 C 163 B 211 C 259 d 307 d 355 c
20 C 68 B 116 D 164 C 212 B 260 a 308 a 356 b
21 C 69 A 117 D 165 B 213 D 261 c 309 d 357 c
22 B 70 C 118 B 166 A 214 A 262 b 310 b 358 a
23 D 71 D 119 A 167 C 215 C 263 c 311 b 359 d
24 C 72 D 120 B 168 D 216 B 264 d 312 a 360 a
25 D 73 A 121 A 169 A 217 A 265 d 313 c 361 c
26 C 74 B 122 D 170 B 218 C 266 d 314 b 362 b
27 C 75 C 123 C 171 C 219 B 267 b 315 d 363 c
28 D 76 A 124 C 172 A 220 D 268 a 316 a 364 b
29 A 77 B 125 A 173 D 221 B 269 c 317 b 365 a
30 C 78 C 126 B 174 B 222 D 270 d 318 c 366 a
31 D 79 A 127 C 175 D 223 C 271 b 319 b 367 c
32 A 80 C 128 A 176 A 224 C 272 d 320 b 368 d
33 A 81 A 129 B 177 C 225 B 273 d 321 b 369 c
34 C 82 C 130 C 178 D 226 A 274 c 322 a 370 c
35 A 83 D 131 C 179 A 227 B 275 a 323 a 371 b
36 B 84 B 132 A 180 D 228 C 276 c 324 b 372 a
37 D 85 B 133 D 181 D 229 B 277 a 325 b 373 a
38 D 86 C 134 C 182 C 230 c 278 c 326 b 374 c
39 C 87 A 135 A 183 A 231 b 279 d 327 d 375 b
40 B 88 B 136 A 184 D 232 c 280 b 328 d 376 a
41 B 89 B 137 B 185 D 233 a 281 c 329 c 377 d
42 B 90 B 138 C 186 C 234 d 282 b 330 d 378 c
43 B 91 C 139 B 187 C 235 a 283 c 331 c 379 c
44 D 92 A 140 A 188 A 236 b 284 b 332 c 380 b
45 A 93 C 141 B 189 D 237 b 285 c 333 c
46 C 94 B 142 B 190 C 238 a 286 a 334 a
47 D 95 A 143 C 191 D 239 b 287 b 335 c
48 C 96 B 144 D 192 D 240 d 288 d 336 b

CIVIL, Law Question Papers

OBJECTIVE SAMPLE QUESTIONS ON THE CODE OF CIVIL PROCEDURE, 1908 [2nd SET]

2 Jun 2018 Advocatetanmoy

Under the provisions of Civil Procedure Code plea of adverse possession is a defence
available
(a) only to plaintiff against defendant
(b) only to defendant against plaintiff
(c) both plaintiff and defendant
(d) only to movable property.
The reappreciation of evidence in second appeal
(a) is subject to review
(b) is permissible
(c) is not permissible
(d) is an admitted fact.
Sweeping change introduced by Civil Procedure Code (Amendment) Act, 2002 is with
the object to
(a) give more power to Civil Courts
(b) reduce the power of Civil Courts
(c) cut short delay in disposal of suit
(d) make provisions stringent.
Preliminary decree can be passed in a suit
(a) for partition
(b) of partnership
(c) for possession and mesne profits
(d) all the above.
Preliminary decree is one
(a) which determines the rights of the parties with regard to some or one of the matters in controversy in the suit but does not finally dispose of the suit
(b) which determines the rights of the parties with regard to some or one of the matters in controversy in the suit, which may have the effect of final disposal of the suit
(c) both (a) & (b)
(d) neither (a) nor (b).
A decree becomes final
(a) when it conclusively determines the rights of the parties
(b) when no appeal has been preferred against the decree
(c) both (a) & (b)
(d) neither (a) nor (b).
Which of the following is not a decree
(a) dismissal in default
(b) rejection of a plaint
(c) both (a) & (b)
(d) neither (a) nor (b).
Order has been defined as a formal expression of any decision of a civil court which is
not a decree, under
(a) section 2(1) of CPC
(b) section 2(14) of CPC
(c) section 2(9) of CPC
(d) section 2(16) of CPC.
A decree holder has been defined as a person in whose favour a decree has been passed
or an order capable of execution has been made, under
(a) section 2(3) of CPC
(b) section 2(13) of CPC
(c) section 2(4) of CPC
(d) section 2(16) of CPC.
A decree holder
(a) need not be a party to the suit
(b) the term is not confined to plaintiff
(c) both (a) &(b)
(d) neither (a) nor (b).
Foreign court under section 2(5) of CPC means
(a) a court situated outside India
(b) a court situated outside India and not established under the authority of Government of
India
(c) a court situated in India applying foreign law
(d) all the above.
Judgment under section 2(9) means
(a) a decree
(b) dismissal of an appeal summarily
(c) statement of grounds of an order or decree
(d) all the above.
Legal representative under section 2(11) of CPC means a person who is a
(a) Relative of parties to the suit
(b) co-sharer of the benefits assuming to the parties to the suit
(c) who in law represents the estate of the deceased
(d) all the above.
‘A’ dieslleaving behind a son X & a married daughter Y, a suit filed by ‘A’, after his
death, can be continued by
(a) ‘X’ alone as legal representative
(b) ‘Y’ alone as legal representative
(c) ‘X’, ’Y’ and the husband of Y as legal representatives
(d) ‘X’ and ‘Y’ both, as legal representatives.
A judgment contains
(a) concise statement of the case
(b) the points for determination
(c) the decision on the points of determinations & the reason thereof ‘
(d) all the above.
Who amongst the following is not a legal representative
(a) a trespasser
(b) an intermeddler
(c) a creditor
(d) both (a)&(c).
‘Mesne profits’ as defined under section 2(12)means
(a) those profits which the person in wrongful possession of such property actually received
or might have received together with interest
(b) those profits which the person in wrongful possession of property actually received
including profits due to improvements made by such person
(c) those profits which the person in wrongful possession of property actually received or
might have received but without any interest on such profits
(d) those profits which the person in wrongful possession of such property actually received.
Foreign judgment as defined under section 2(6) of CPC means
(a) judgment given by an Indian Court in respect of foreigners
(b) judgment given by a foreign court
(c) both (a) & (b)
(d) neither (a) nor (b).
Who amongst the following is not a ‘public officer’ within the meaning of section 2(17)
of CPC
(a) a judge
(b) a person in service under the pay of Government
(c) Sarpanch of a Gram Panchayat
(d) none of the above.
Basis of distribution of the jurisdiction of Indian Courts is
(a) pecuniary jurisdiction
(b) territorial jurisdiction
(c) subject matter jurisdiction
(d) all the above.
Court of small causes, under section 3 of CPC is subordinate to ’
(a) District Court
(b) High Court
(c) both (a) & (b)
(d) neither (a) nor
Pecuniary jurisdiction of the court has been dealt with in
(a) section 3 of CPC
(b) section 4 of CPC
(c) section 5 of CPC
(d) section 6 of CPC.
Courts have jurisdiction to try all suits of a civil nature excepting suits, the cognizance
of which is either expressly or impliedly barred, by virtue of
(a) section 8 of CPC
(b) section 9 of CPC
(c) section 10 of CPC
(d) section 11 of CPC.
Which of the following is a right of civil nature
(a) right to worship in a temple
(b) right to share in offerings in a temple
(c) right to take out procession
(d) all the above.
Which of the following is not a right of civil nature
(a) caste &; religion
(b) right to services which. are honorary and gratuitous
(c) brij jijmam rights
(d) both (a) tin (b).
Jurisdiction of civil court can be barred
(a) expressly only
(b) impliedly only
(c) either expressly or impliedly
(d) neither expressly nor impliedly.
Principle of res subjudice is contained in
(a) section 10 of CPC
(b) section 11 of CPC
(c) section 13 of CPC
(d) section 14’of CPC.
Dhulabhai etc. v. State of Madhya Pradesh and another, AIR 1969 SC 78, lays down
certain principles regarding the exclusion of jurisdiction of civil courts. Which of the
following is not a principle laid down:
(a) Where a statute gives a nullity to the orders of the special tribunals, the civil courts
jurisdiction must be held to be excluded if there is adequate remedy to do what the civil court
would normally do in a suit
(b) Where there is an express bar of jurisdiction of the court, an examination of the scheme of
the particular Act to find out the adequacy or sufficiency of the remedies provided may be
relevant but is not decisive to sustain t-he jurisdiction of the civil court
(c) Questions as to the correctness of the assessment apart from its constitutionality are the
decisions of the authorities and a civil suit lies even if the orders of the authorities are
declared to be final
(d) none of the above.
Under section 10 of CPC, a suit is liable to be
(a) stayed
(b) dismissed
(c) rejected
(d) either (a) or (b) or (c).
For the application of the principle of res-subjudice, which of the following is essential
(a) suits between the same parties or litigating under the same title
(b) the two suits must be pending disposal in a court
(c) the matters in issue in the two suits must be directly and substantially the same
(d) all the above.
Section 10 of CPC does not apply
(a) when the previous suit is pending in the same court
(b) when the previous suit is pending in a foreign court
(c) when the previous suit is pending in any other court in India
(d) when the previous suit is pending in a court outside India “established or contained by the
Central Government.
Under the principle of res-subjudice
(a) the second suit has to be stayed
(b) the previous suit has to be stayed
(c) either (a) or (b) depending on the facts & circumstances of the case
(d) either (a) or (b) depending on the valuation of the suit for the purposes of jurisdiction.
Provisions of section 10 of CPC are
(a) directory
(b) mandatory
(c) non mandatory
(d) discretionary.
Section 10 can come into operation
(a) before filing of written statement in the subsequent suit
(b) before settlement of issues in subsequent suit
(c) after settlement of issues in subsequent suit
(d) all the above.
Doctrine of res-judicata as contained in section 11 of CPC is based on the maxim
(a) Nemo debet bis vexari pro uno etendem causa
(b) interest republicae ut sit finis litium
(c) both (a) 8: (b)
(d) either (a) or (b),
Principle of res-judicata applies
(a) between co-defendants
(b) between co-plaintiffs
(c) both (a) & (b)
(d) neither (a) nor (b).
Which of the following is not true of res- judicata
(a) it can be invoked in a separate subsequent proceedings
(b) it can be invoked at a subsequent stage in the same proceedings
(c) it can not be invoked at a subsequent stage in the same proceedings but only in a separate
subsequent proceedings
(d) both (b) & (c).
As regards res-judicata, it has been stated that the right of an individual is to be
protected from multiplication of suits and prosecution at the instance of an opponent
whose superior resources & power unless curbed, may render futile judicially declared
right and innocence, by
(a) Spences Bower
(b) Lord Denning
(c) Salmond
(d) Black Stone.
Res-judicata applies
(a) when the matter in former suit is directly & substantially in issue
(b) when the matter in former suit is collaterally & incidentally in issue
(c) both (a) & (b)
(d) neither (a) nor (b).
Res—judicata applies
(a) when the matter is directly & substantially in issue in two suits and should have been decided
on merits
(b) when the prior suit is between the same parties or persons claiming under them and litigating
under the same title
(c) when the court which determined the earlier suit is competent to try the subsequent suit
wherein the issue is subsequently raised
(d) when all (a), (b) 8: (c) combine.
Plea of res-judicata
(a) has to be specifically raised
(b) need not be specifically raised
(c) is for the court to see of its own
(d) neither (a) nor (b) but only (c).
Constructive res-judicata is contained in
(a) explanation III to section 11
(b) explanation IV to section 11
(c) explanation VI to section 11
(d) explanation VII to section 11.
Principle of res-judicata applies
(a) to suits only
(b) to execution proceedings
(c) to arbitration proceedings
(d) to suits as well as execution proceedings.
A decision on issue of law
(a) shall always operate as res-judicata
(b) shall never operate as res-judicata
(c) may or may not operate as res-judicata
(d) either (a) or (b).
A decision on an issue of law operates as res-judicata
(a) if the cause of action in the subsequent suit is the same as in the former suit, only when the
decision on the point of law is correct .
(b) if the cause of action in the subsequent suit is the same as in the former suit, even though the
decision on the point of law is erroneous
(c) if the cause of action in the subsequent suit is different from that in the former suit, even
though the decision on the point of law is correct
(d) all the above.
A decision in a suit may operate as res- judicata against persons not expressly named as
parties to the suit by virtue of explanation
(a) II to section 11 of CPC
(b) IV to section 11 of CPC
(c) VI to section 11 of CPC
(d) VIII to section 11 of CPC.
Res-judicata does not operate
(a) between co-defendants
(b) between co-plaintiffs
(c) against a per-forma defendant
(d) none of the above.
In which of the following cases res-judicata is not applicable
(a) consent compromise decrees
(b) dismissal in default
(c) both (a)&(b)
(d) neither (a) nor (b).
Principle of res—judicata is
(a) mandatory
(b) directory
(c) discretionary
(d) all the above.
With respect to the principle of res-judicata which of the following is not correct
(a) ex-parte decree will operate as res-judicata
(b) writ petition dismissed on merits operates as res-judicata
(c) writ petition dismissed in limine operates as res-judicata
(d) both (a) & (c).
In a suit, where the doctrine of res-judicata applies, the suit is liable to be
(a) stayed
(b) dismissed
(c) may be stayed & may be dismissed
(d) both (a)&(c).
A decision or finding given by a court or a tribunal without jurisdiction
(a) can operate as res—judicata under all circumstances
(b) cannot operate as res-judicata
(c) can operate as res-judicata under certain circumstances only
(d) may operate as res-judicata or may not- operate as res-judicata.
On production of a certified copy of the foreign judgment, the presumption as to the
competency of the court, under section 14 of CPC is a
(a) presumption of fact
(b) presumption of fact & law both
(c) rebuttable presumption of law
(d) irrebuttable presumption of law.
Validity of a foreign judgment can be challenged under section 13 of CPC
(a) in a civil court only
(b) in a criminal court only
(c) in both civil and criminal court
(d) neither in civil nor in criminal court.
Under section 13 of CPC, a foreign judgment can be challenged on the grounds of
(a) competency of the court pronouncing the judgment
(b) being obtained by fraud
(c) sustaining a claim founded on a breach of law in force in India
(d) all the above.
How many grounds of attack the foreign judgment have been provided under section 13
of CPC
(a) seven
(b) six
(c) five
(d) four.
On the ground of jurisdiction, under section 13 of CPC
(a) only a judgment in personam can be challenged
(b) only a judgment in rem can be challenged
(c) both judgment in personam and judgment in rem, can be challenged
(d) neither a judgment in persomzm nor judgment in rem can be challenged.
A person who institutes a suit in foreign court and claims a decree in personam, after
the judgment is pronounced against him
(a) can always challenge the judgment on the ground of ‘competency
(b) can never challenge the judgment on the ground of competency ”
(c) can challenge the judgment on the ground of competency under certain circumstances
(d) either (a) or (c).
Under section 15 of CPC, every suit shall be instituted in
(a) the district court
(b) the court of the lowest grade
(c) the court of higher grade
(d) all the above.
Section 15 of CPC lays down
(a) a rule of procedure
(b) a rule of jurisdiction
(c) a rule of evidence
(d) all the above.
Under section 16 of CPC, a suit relating to immoveable property can be filed in a court
within whose local jurisdiction
(a) the property is situate
(b) the defendant ‘voluntarily resides or personally works for gain
(c) the defendant voluntarily resides or carries on business
(d) either (a) or (b) or (c).
Suit in respect of immoveable property, where the entire relief sought can be obtained
through the personal obedience of the defendant, can be instituted in a court within
whose local jurisdiction –
(a) the property is situate
(b) the defendant voluntarily resides or carries on business
(c) the defendant voluntarily resides or personally works for gain
(d) all the above.
Place of institution of suit in respect of immoveable property, situated within the
jurisdiction of different courts, has been provided
(a) under section 17 of CPC
(b) under section 18 of CPC
(c) under section 19 of CPC
(d) under section 20 of CPC.
The Code of Civil Procedure,‘ 1908 183 Section 18 of CPC provides for
(a) place of institution of suit in respect of immoveable property where the property is situate in
the jurisdiction of one court
(b) place of institution of suit in respect of immoveable property where the property is situate in
the jurisdiction of different court
(c) place of institution of suit in respect of imrnoveable property where the local limits of
jurisdiction of courts are uncertain
(d) all the above.
Place of suing in respect of suits for compensation for wrongs to persons or moveable
property has been dealt with
(a) under section 18 of CPC
(b) under section 19 of CPC
(c) under section 20 of CPC
(d) under section 21 of CPC.
A suit for compensation for wrong done to the person or to moveable property, where
the wrong was done within the local jurisdiction of one court and the defendant resides
within the local limits of an other court
(a) can be instituted in the court within whose local jurisdiction the wrong has been committed
(b) can be instituted in the court within whose local jurisdiction the defendant resides
(c) either (a) or (b) at the option of the plaintiff
(d) anywhere in India.
‘X’ residing in Delhi, publishes statements defamatory to ‘Y’ in Calcutta. ‘Y’ can sue
‘X’ at.
(a) Delhi
(b) Calcutta
(c) anywhere in India
(d) either in Delhi or in Calcutta.
Suits under section 20 of CPC can be instituted where the cause of action arises
(a) wholly
(b) partly
(c) either wholly or in part
(d) only (a) and not (b) or (c).
In cases where there are more than one defendant, a suit can be instituted in a court
within whose local jurisdiction
(a) each of the defendant at the time of commencement of the suit, actually & voluntarily resides
or carries on business or personally works for gain
(b) any of the defendant, at the time of the commencement of the suit, actually & voluntarily
resides, or carries on business, or personally works for gain and the defendant(s) not so
residing etc. acquiesce
(c) both (a) & (b) are correct
(d) only (a) &not (b).
A suit for damages for breach of contract can be filed, at a place
(a) where the contract was made
(b) where the contract was to be performed or breach occurred
(c) anywhere in India
(d) both (a) and (b).
A suit relating to partnership may be instituted at a place
(a) where the partnership was constituted
(b) where the partnership business was carried on
(c) where partnership accounts are maintained
(d) all the above.
A suit relating to partnership dissolved in a foreign country can be filed at a place
(a) in foreign country
(b) where the parties to the suit reside in India
(c) both (a) & (b)
(d) allover India.
Objection as to the place of suiting
(a) can only be taken before the court of first instance at the earliest possible opportunity
(b) can be taken before the appellate court for the first time
(c) can be taken before the court of revision for the first time
(d) all the above.
Section 21 of CPC cures
(a) want of subject-matter jurisdiction
(b) want of pecuniary jurisdiction
(c) want of territorial jurisdiction
(d) both (b) and (c).
A suit to set aside a decree on the ground of lack of territorial jurisdiction is barred
(a) under section 21 of CPC
(b) under section 21A of CPC
(c) under section 22 of CPC
(d) under section 23 of CPC.
Parties by their consent agreement
(a) can confer jurisdiction on a court, where there is none in law
(b) can oust the jurisdiction of the court where there is one in law
(c) can oust the jurisdiction of one of the courts when there are two courts simultaneously having
jurisdiction in law
(d) all the above.
Section 20 of (‘PC does not apply to
(a) arbitration proceedings
(b) civil proceedings
(c) both (a) & (b)
(d) neither (a) nor (b).
Agreement between the parties to institute the suit relating to disputes in a particular
court
(a) does not oust the jurisdiction of other courts
(b) may operate as estoppel between the parties
(c) both (a)&(b)
(d) neither (a) nor (b).
In cases of the commercial contracts between parties of two different countries, the
jurisdiction of the court shall be governed by
(a) lex loci contractors
(b) lexloci solutions
(c) les situs
(d) rule of freedom of choice i.e., intention of the parties.
A corporation, under section 20 of CPC, is deemed to ‘carry on business at
(a) its principal office in India
(b) its subordinate office in India
(c) both (a) & (b) ‘
(d) either (a) o; (b).
In case of a cause of action arising at a place where a corporation has a subordinate
office, the corporation is deemed to carry on business
(a) its principal office in India
(b) its subordinate office where the cause of action did arise
(c) both (a) & (b)
(d) either (a) or (b).
In every plaint, under section 26 of CPC, ‘facts should be proved by
(a) oral evidence
(b) affidavit
(c) document
(d) oral evidence as well as document.
According to section 27 of CPC summons to the defendant to be served on such date not
beyond
(a) 30 days from the date of institution of suits
(b) 60 days from the date of’ institution of suits
(c) 45 days from the date of institution of suits
(d) 90 days from the date of institution of suits
The court may impose ac fine for default upon a person required to give evidence or to produce documents directed under section 30(b) of CPC, and such fine as per section
32(c) not to exceed
(a) Rs. 500
(b) Rs. 1,000
(c) Rs. 5,000
(d) Rs. 10,000.
Under section 39(4) of CPC, the court passing the decree is
(a) authorised to execute such decree against any person outside local limits of its jurisdiction
(b) authorised to execute such decree against any property outside the local limits of its
jurisdiction
(c) either (a) or (b)
(d) neither (a) or (b).
A private transfer or delivery of the property attached under section 64(2) shall not be
void if
(a) made in persuance of any contract for such transfer or delivery entered into and registered
before the attachment
(b) made in persuance of any contract for such transfer or delivery entered into and registered
after the attachment
(c) made in persuance of any contract for such transfer or delivery entered into before the
attachment but registered after the attachment
(d) either (a) or (b) or (c).
The court under section 89(1) of CPC can refer the dispute for
(a) arbitration or conciliation
(b) conciliation or mediation
(c) mediation or Lok Adalat
(d) arbitration or conciliation or Lok Adalat or mediation.
The court can award compensation against plaintiff under section 95 of CPC, not
exceeding
(a) Rs. 10,000 or the limits of its pecuniary jurisdiction whichever is less
(b) Rs. 10,000 or the limits of its pecuniary jurisdiction whichever is more
(c) Rs. 50,000 and this amount not to exceed the limits of its pecuniary jurisdiction
(d) Rs. 50,000 and this amount to exceed the limits of its pecuniary jurisdiction whichever is more.
Under section 100A of the CPC, where any appeal from an original or appellate decree
or order is heard and decided by a single judge of a High Court
(a) no further appeal shall lie from the judgment and decree of such single judge
(b) further appeal shall lie under the Letters Patent for the High Court
(c) further appeal shall lie with the leave of the Supreme Court
(d) further appeal shall lie before the Division
Bench of the High Court. Second appeal shall not lie from any decree, as provided
under section 102 of CPC when the subject matter of the original suit is for recovery of
money not exceeding
(a) Rs. 10,000
(b) Rs. 25,000
(c) Rs. 50,000
(a) Rs. 1,00,000. 96
A revision under section 115 shall not operate as a stay of suit or other proceeding
before the court except where such suit or other proceeding is stayed by
(a) the High Court
(b) the Supreme Court
(c) the Appellate Court
(d) District and Sessions Court.
The court can enlarge the time under section 148 of CPC for doing any act prescribed
or “allowed under the Code of Civil Procedure, not exceeding in total ‘
(a) 90 days
(b) 60 days
(c) 45 days ’
(d) 30 days.
Under Order IV, Rule 1, sub-rule (1) of CPC, a suit is instituted when
(a) a plaint is presented to the court
(b) a plaint in duplicate is presented to the court
(c) a plaint in triplicate is presented to the court
(d) either (a) or (b) or (c).
A defendant under Order V, Rule 1(1) of CPC is required to appear, answer the claim
and to file the written statement
(a) within 60 days from the date of service of summons
(b) within 45 days from the date of service of summons
(c) within 30 days from the date of service of summons
(d) within 90 days from the date of service of summons.
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
(a) within 90 days from the date of service of summons
(b) within 120 days from the date of service of summons
(c) within 60 days from the date of service summons
(d) within 45 days from the date of service summons.
Summons to the defendant under Order V, Rule 9(1) of CPC, can be delivered for the
purposes of serving the same on the defendant, to a courier services as
(a) approved by the defendant
(b) approved by the court
(c) approved by the plaintiff
(d) either (a) or (b) or (c).
Under section 32 of CPC, to compel the attendance of a person to whom a summon has
been issued under section 30 of CPC, the court is empowered to
(a) issue a warrant for his arrest
(b) attach and sell his property
(c) impose a fine not exceeding Rs. 5,000
(d) either (a) or (b) or (c).
Under Order VI, Rule 17 at any stage of proceedings the court can allow to alter or amend
pleadings to
(a) either party
(b) to plaintiff only
(c) to defendant only
(d) to only one defendant if there are more than one defendant
The expenses for the service of summons to the defendant have to be borne, under
Order V, Rule 9(3) of CPC, by
(a) the plaintiff
(b) the court
(c) the defendant
(d) partly by the plaintiff and partly by the defend ant.
The court can reject the plaint under Order VII, Rule 11(e) of CPC, if it is not filed
in
(a) triplicate
(b) duplicate
(c) quadruplicate
(d) only (c) and not (a) or (b).

If a document, which ought to be produced in the court alongwith the pleadings, is
not produced, under Order VII, Rule 14(3) of CPC, at the hearing of the suit
(a) the same shall not be received in evidence on behalf of the plaintiff
(b) the same shall not be received in evidence on behalf of the defendant
(c) the same shall not be received in evidence on behalf of either party
(d) the same shall not be received in evidence on behalf of a third party.
Order VIII, Rule 1 mandates that the defendant shall file the written statement of
his defence within
(a) 90 days from the date of service summons
(b) 60 days from the date of service summons
(c) 30 days from the date of service summons
(d) 10 days from the date of service summons.
The provisions of Order VIII, Rule 1 of CPC are.
(a) directory being procedural
(b) mandatory though procedural
(c) optional under all circumstances
(d) discretionary under all circumstances.
The time schedule contained in Order VIII, Rule 1 of CPC is to be
(a) followed as a rule and departure there from shall also be a rule
(b) followed as a rule and departure there from would be an exception
(c) followed as a rule and there is no scope for any departure there from
(d) followed as an absolute rule as it imposes an embargo on the power of the court to extend the
A prayer for extension of time beyond the period of 90 days prescribed under Order
VIII, Rule 1 of CPC for filing the written statement is to be
a) granted just as a matter of routine
b) granted ordinarily
c) granted on sufficient cause being shown by the defendant
d) granted only for exceptional circumstances occasioned by reasons beyond the control of
the defendant.
A prayer for extension of time beyond the period of 90 days for filing the written
statement
(a) can be oral
(b) has to be in writing
(c) can be either oral or in writing
(d) Neither (a) nor (b), as the time cannot be extended beyond 90 days.
For the purpose of section 39 of CPC the court is of competent jurisdiction, if at the
time of making the application for transfer of decree to it, such court would have
jurisdiction to try the suit
(a) in which such decree was passed
(b) to which such decree has been transferred from other court
(c) such decree was pending
(d) none of the above.
The rule of rateable distribution of the proceeds of execution sale amongst decree
holders is contained in
(a) section 73 of CPC
(b) section 74 of CPC
(c) section 75 of CPC
(d) section 76 of CPC.
Supreme Court in case of Union of India v. Somasundaram Mills (P) Ltd. held that
under section 73 of CPC, the debts due to the State
(a) stand on equal footing with all other debts
(b) are to be paid only after payment of all other debts
(c) are entitled to priority over all other debts
(d) either (a) or (b).
A plaint can be rejected
a) under Order VII, Rule 10 of CPC
b) under Order VII, Rule 10A of CPC
c) under Order VII, Rule 11 of CPC
d) all the above.
The power under Order VII, Rule 11 of CPC can be exercised
(a) before registering the plaint
(b) after issuance of summon to the defendant
(c) at any stage before the conclusion of trial
(d) either (a) or (b) or (c).
For an application under Order VII, Rule 11
(a) the averments in the plaint are germane and the plea taken by the defendant in thewritten
statement are wholly irrelevant
(b) the averments in the plaint are germane and the pleas taken by the defendant in the written
statement are also to be considered
(c) the averments in the plaint are germane and the pleas taken by the defendant in the written
statement may also be considered
(d) either (b) or (c).
Under Order VII, Rule 11 of CPC
a) part only of the plaint can be rejected
b) whole of the plaint is to be rejected
c) part only of the plaint or the whole plaint can be rejected
d) it is the discretion of the court to reject the plaint in part.
In case the suit has been instituted in a court having no jurisdiction, territorial or
pecuniary, the plaint is liable to be
(a) returned
(b) rejected
(c) may be returned or may be rejected
(d) only (b) & not (a).
On rejection of a suit under Order VII, Rule 11 of CPC, a fresh suit on the same
cause of action under Order VII, Rule 13 of CPC.
(a) is barred under all circumstances
(b) is not barred at all
(c) can be filed with the leave of the court
(d) either (b) or (c).
Several persons can be joined as plaintiffs, in cases
(a) where right arises out of the same act, in favour of such person
(b) where any common question of law is involved
(c) both (a) & (b)
(d) either (a) or (b).
Several persons can be joined as defendants in cases
(a) where right arises out of the same act against such persons
(b) where any common question of law is involved
(c) both (a) & (b)
(d) either (a) or (b).
Multifariousness in a suit results due to
(a) misjoinder of parties
(b) misjoinder of cause of action
(c) misjoinder of parties and misjoinder of cause of action
(d) either misjoinder of parties or misjoinder of cause of action.
Where a person who is a necessary party to the suit has not been joined as a party to
the suit; it is a case of
(a) non-joinder
(b) mis-joinder
(c) both (a) & (b)
(d) neither (a) nor (b).
On account of rnis-joinder or non-joinder of parties, under Order I, Rule 9 of CPC,
the suit is
a) liable to be dismissed
b) cannot be dismissed
c) may be dismissed or may not be dismissed as per the discretion of the court
d) either (a) or (b).
Objection as to the non-joinder or mis- joinder of parties under Order I, Rule 13 of
CPC
(a) can be taken at any stage of the proceedings
(b) can be taken at the earliest possible opportunity
(c) can be taken in appeal or revision for the first time
(d) either (a) or (b) or (c).
A suit is bad for non-joinder of a necessary party, as provided
(a) under Order I, Rule 10 of CPC
(b) under Order I, Rule 9 of CPC
(c) under Order I, Rule 10A of CPC
(d) under Order I, Rule 11 of CPC.
A suit in representative capacity can be filed by virtue of
(a) under Order I, Rule 8 of CPC
(b) under Order I, Rule 9 of CPC
(c) under Order I, Rule 8A of CPC
(d) under Order I, Rule 10A of CPC.
A suit filed in representative capacity can be withdrawn, compromise 8: abandoned
etc. by the plaintiff
(a) without notice to all the persons interested
(b) after notice to all the persons interested
(c) both (a) & (b)
(d) either (a) or (b).
A person can be made a party in the suit either as a plaintiff or a defendant
(a) under Order I, Rule SA of CPC
(b) under Order I, Rule 10 of CPC
(c) under Order X, Rule 1 of CPC
(d) under Order X, Rule 8 of CPC.
The word ‘acts’ in Order III, Rules 1 81: 2 of CPC
(a) is reconfined only in respect of acts done by the power-of-attorney holder in exercise of
power granted by the instrument and would not include deposing in place and in stead of the
principal
(b) is not confined only in respect of acts done by the power-of-attorney holder in exercise of the
power granted by the instrument and includes deposing in place and instead of the principal
(c) is not confined only in respect of acts done by the power of-attorney holder in exercise of the
power granted by the instrument but includes appearance as a witness on behalf of the party
in the capacity of that party
(d) is confined only to deposing in place and instead of the principal.
A necessary party is one in whose
(a) absence no order can be made effectively
(b) absence an order can be made but whose presence is necessary for the complete decision of
the case
(c) both (a) & (b)
(d) absence an order can be made and whose presence is not necessary for the complete decision
of the case.
In a suit, the list of witnesses has to be filed by the parties
(a) before settlement of issues
(b) after settlement of issues
(c) at any time p
(d) all the above. V
When the plaintiff fails to pay the court-fee or postal charges for service of
summons on the defendant(s) or fails to present copies of the plaint, the suit is liable to
be
(a) rejected under Order VII, Rule 11 of CPC
(b) dismissed for non-prosecution under Order IX, Rule 2 of CPC
(c) either (a) or (b)
(d) only (b) and not (a).
Court can direct the parties to opt for any one mode of alternative dispute
resolution under
(a) Order X, Rule 1A of CPC
(b) Order X, Rule 1B of CPC
(c) Order XI, Rule 1 of CPC
(d) Order XI, Rule 2 of CPC.
Consequent to failure of conciliation the Presiding Officer of the conciliation forum
can refer the matter again to court under
(a) Order X, Rule 1B of CPC
(b) Order X, Rule 1C of CPC
(c) Order X, Rule 3 of CPC
(d) Order X, Rule 4 of CPC.
Where an application for leave to deliver interrogatories has been moved alongwith
the interrogatories proposed to be delivered that application shall be decided as
provided under Order XI, Rule 2 of CPC within
(a) 15 days from the date of submission of application
(b) 10 days from the date of submission of application
(c) 7 days from the date of submission of application
(d) no time prescribed for the purpose.
List of witness, after settlement of issues, must be filed within
(a) 15 days
(b) 30 days
(c) 45 days
(d) 60 days.
Where a witness fails to appear before the court, without any reasonable ground,
under Order XVI, Rule 12 of CPC, such a witness can be penalised to the extent of
(a) Rs. 100
(b) Rs. 200
(c) Rs. 500
(d) Rs. 1000.
If a plaintiff fails to sue for the whole of the claim which he is entitled to make in
respect
of a cause of action in the first suit, then he is precluded from suing in the suit in respect of
portion so omitted, by virtue of
(a) Order II, Rule 2 of CPC
(b) Order II, Rule 3 of CPC
(c) Order II, Rule 4 of CPC
(d) Order II, Rule 5 of CPC.
Order II, Rule 2 of CPC does not apply to
(a) application for execution
(b) writ petitions
(c) both (a) & (b)
(d) neither (a) nor (b).
Name of a party in a suit can be struck of
(a) under Order I, Rule 10 of CPC
(b) under Order I, Rule 10A of CPC
(c) under Order I, Rule 8 of CPC
(d) under Order I, Rule 8A of CPC.
Pleadings must state
(a) facts
(b) law
(c) evidence
(d) all the above
Pleadings must be signed
(a) by the party
(b) by the pleader
(c) by the party & his pleader
(d) only by the pleader & not by party.
Which of the following legal pleas need not be pleaded
(a) estoppel
(b) limitation
(c) res-judicata
(d) none of the above
Which of the following must be stated in the pleadings
(a) facta probantia
(b) facta probanda
(c) both (a) & (b)
(d) neither (a) nor (b)
Under Order VI, Rule 15 of CPC pleading must be verified by
a) all the parties
b) any one of the parties
c) all the parties if there are more than one or any one of the parties
d) only (a) & not (b).
In suits by or against a corporation, under Order XXIX, Rule 1′ of CPC, pleadings
must be signed and verified by
(a) the secretary
(b) any director
(c) other principal officer able to depose
(d) either (a) or (b) or (c).
Furnishing of further particulars has been provided
(a) under Order VI, Rule 4 of CPC
(b) under Order VI, Rule 5 of CPC
(c) under Order VI, Rule 6 of CPC
(d) under Order VI, Rule 7 of CPC.
Under Order VI, Rule 16 of CPC, the pleadings can be ordered to be struck out
(a) if are unnecessary, scandalous, frivolous or vexatious
(b) if tend to prejudice, embarras or delay the fair trial
(c) if is an abuse of the process of the court
(d) all the above.
Pleading means
(a) plaint only
(b) plaint and written statement
(c) written statement only
(d) plaint, written statement & replication.
Pleading has been defined
(a) under Order VI, Rule 1 of CPC
(b) under Order VI, Rule 2 of CPC
(c) under Order VIII, Rule 1 of CPC
(d) under Order VIII, Rule 2 of CPC.
‘Pleading’ can be altered or amended
(a) under Order VI, Rule 17 of CPC
(b) under Order VI, Rule 16 of CPC
(c) under Order VI, Rule 9 of CPC
(d) under Order VI, Rule 10 of CPC. 155
‘Pleading’ can be amended
(a) before settlement of issues
(b) before conclusion of plaintiff evidence if plaintiff wants to amend the plaint
(c) written statement V
(d) at any stage of the proceedings.
Which of the following amendments can be allowed under Order VI, Rule 17 of
CPC
(a) amendment for granting relief on the basis of different approaches to the same facts
(b) amendment taking note of subsequent events
(c) amendment for correcting the mis-description of property
(d) all the above.
The provisions of amended Order VI, Rule 17 of CPC do not apply
(a) to the pleadings which were filed before the commencement of the Amendment Acts of 1999
and 2002
(b) to the pleadings which have been filed after the commencement of the Amendment Acts of
1999 and 2002
(c) to the pleadings which were filed / completed either before or after the commencement of the
Amendment Acts of 1999 and 2002
(d) either (b) or (c).
Pleading can be amended
(a) before the trial court
(b) before the first appellate court 159.
(c) before the second appellate court
(d) all the above.
Amendment in pleading shall be effective
(a) from the date of the pleading
(b) from the date of the application
(c) from the date of the order
(d) either (b) or (c). 160-
While considering whether an amendment is to be granted or not
(a) the court does not go into the merits of the matter and decides whether or not the claim made
therein is bona fide or not
(b) the court goes into the merits of the matter and decides…..
(c) the court may not go into the merits of the matter and decide….
(d) the court may not go into the merits of the matter and decide…..
On the ground that an amendment may take the suit out of the jurisdiction of that
court
(a) is a ground for refusing that amendment
(b) may be a ‘1 ground for refusing that amendment
(c) is no ground for refusing that amendment
(d) either (a) or (b).
For the purpose of Order XIV, Rule 4 of CPC the Court may adjourn the framing
of issues to a date not later than
(a) 7days
(b) 1O days
(c) 14 days
(d) 30 days.
Under Order XVI, Rule 1, sub-rule (4) summons may be obtained by the parties
within of presenting the list of witnesses
(a) 5days
(b) 7days
(c) 9 days
(d) 10 days.
Under Order XVI, Rule 2 of CPC, the expenses, of a witness for whom the summons
have to be obtained, shall be deposited by the party applying for the summons within
(a) 5 days of making the application
(b) 7 days of making the application
(c) 21 days of making the application
(d) 10 days of making the application.
The court instead of examining witnesses in open court direct their statements to be
recorded on commission by virtue of
(a) Rule 19 of Order XVIII of CPC
(b) Rule 4 of Order XVIII of CPC
(c) Rule 2 of Order XVIII of CPC
(d) Rule 3A of Order XVIII of CPC.
Copy of the judgment shall be made available to the parties, under Order XX, Rule
1(2) of CPC
(a) after 7 days from the pronouncement of judgment
(b) immediately after the pronouncement of judgment
(c) after 14 days from the pronouncement of judgment
(d) after 21 days from the pronounce-ment of judgment
Under Order XX, Rule 6A of CPC, decree is to be drawn up in any case within from
the date of pronouncement of judgment
(a) 10 days
(b) 20 days
(c) 30 days
(d) 15 days
Under Order VI, Rule 17 of CPC, the amendment of the pleading may be allowed
(a) as may be necessary for determining the real controversy between the parties
(b) as to introduce an entirely new & inconsistent case
(c) as to take away a right of the defendant which has accrued to him by lapse of time
(d) as to withdraw the admission made.
Amendment allowed under Order VI, Rule 17 of CPC must be carried on, in cases
no time is fixed for carrying on the amendment, within
(a) 10 days
(b) 14 days
(c) 15 days
(d) 30 days.
Under Order VII, Rule 14 of CPC, the documents
(a) must be filed alongwith the plaint
(b) can be filed at the time of framing of issues
(c) can be filed at any time after the framing of issue
(d) during the evidence.
Set-off is a
(a) reciprocal agreement between the plaintiff and defendant
(b) reciprocal ascertainment of debts between the parties
(c) both (a) & (b)
(d) neither (a) nor (b).
Set off can be claimed
(a) in any suit
(b) in a recovery of money suit only
(c) either (a) or (b)
(d) neither (a) nor (b).
Set-off can be of
(a) ascertained sum of money
(b) an unascertained sum of money
(c) -may be ascertained or may be unascertained
(d) only (b) 8: not (a).
Set-off can be
(a) legal set—off
(b) equitable set-off
(c) both (a) & (b)
(d) either (a) or (b).
In set-off, court fee is
(a) payable
(b) not-payable
(c) discretionary
(d) only (b) not (a)
In a written statement, a defendant can claim
(a) set-off
(b) counter-claim
(c) both set-off & counter claim
(d) either (a) or (b)
Which of the following, in respect of set-off is correct
(a) set-off can be claimed in a suit for recovery of money
(b) the amount claimed must be ascertained amount
(c) the amount claimed to be set off must be legally recoverable & not barred by limitation
(d) all the above.
Which of the following can exceed the pecuniary jurisdiction of the court
(a) set-off
(b) counter-claim
(c) both set-off & counter-claim
(d) neither set-off nor counter-claim.
A right to set-off has been granted
(a) under Order VIII, Rule 6 of CPC ‘
(b) under Order VIII, Rule 6A of CPC
(c) under Order VIII, Rule 6B of CPC
(d) under Order VIII, Rule 6C of CPC.
Propositions are
I. Set-off and counter-claim arises out of the same transaction.
II. Set-off should not be barred on the date of the suit while counter-claim should
note barred on the date of filing of written statement.
III. Claim for set-off cannot exceed plaintiff’s claim, whereas counter-claim can
exceed the plaintiff’s claim.
In respect of the aforesaid which is correct
(a) all I, II & III are correct
(b) I & II are correct III is incorrect
(c) I & III are correct II is incorrect
(d) II & III are correct I is incorrect.
A right to counter-claim has been provided
(a) under Order VIII, Rule 6A of CPC
(b) under Order VIII, Rule 6B of CPC
(c) under Order VIII, Rule 6C of CPC
(d) under Order VIII, Rule 6D of CPC.
If in any case in which the defendant sets up a counter-claim the suit of the plaintiff
is stayed, discontinued or dismissed, the counter-claim
(a) is liable to be stayed, discontinued or dismissed
(b) can nevertheless be proceeded with
(c) is liable to be stayed but not discontinued or dismissed
(d) is liable to be dismissed & not stayed or discontinued.
Default in filing of written statement has been dealt with
(a) under Order VIII, Rule 8 of CPC
(b) under Order VIII, Rule 9 of CPC
(c) under Order VIII, Rule 10 of CPC
(d) under Order VIII, Rule 7 of CPC.
On default in filing of written statement under Order VIII, Rule 10 of CPC,
pronouncement of judgment
(a) is mandatory
(b) discretionary
(c) directory
(d) either (a) or (b).
On failure to file the written statement, under Order VIII, Rule 10 of CPC the court
(a) may pronounce the judgment at once
(b) may order for striking off the defence
(c) may pass any other order
(d) either (a) or (b) or (c)
Where the plaintiff fails to pay the court fee or postal charges for service of
summons of the suit, on the defendant, the suit can be dismissed under
(a) Order IX, Rule 1 of CPC
(b) Order IX, Rule 2 of CPC
(c) Order IX, Rule 3 of CPC
(d) Order IX, Rule 8 of CPC.
Where on the date fixed for hearing of a suit, neither of the party appears, the
dismissal of the suit shall be
(a) under Order IX, Rule 1 of CPC
(b) under Order IX, Rule 2 of CPC
(c) under Order IX, Rule 3 of CPC
(d) under Order IX, Rule 8 of CPC.
Under Order IX, Rule 2 of CPC a suit can be dismissed
(a) when on the date fixed for hearing in a suit, neither of the parties appear
(b) when on the date fixed for hearing, the defendant(s) appears but the plaintiff does
not appear
(c) when the plaintiff fails to pay the court fee or postal charges for the service of summons of
the suit to the defendant(s)
(d) all the above.
A suit can be dismissed in default
(a) under Order IX, Rule 2 of CPC
(b) under Order IX, Rule 3 of CPC
(c) under Order IX, Rule 8 of CPC
(d) both (b) & (c).
Order IX, Rule 3 of CPC applies
(a) when on the date fixed for hearing in a suit neither party appears
(b) when on the date fixed for hearing in a suit only defendant appears & the plaintiff
does not appear
(c) when the plaintiff fails to pay the court fee or postal charges for service of summons
of the suit on the defendant(s)
(d) all the above.
Under Order IX, Rule 4 of CPC a suit can be restored if dismissed
(a) under Order IX, Rule 2 of CPC
(b) under Order IX, Rule 3 of CPC
(c) under Order IX, Rule 8 of CPC
(d) only under (a) & (b).
When a suit is dismissed under Order IX, Rule 2 or under Order IX, Rule 3 of CPC,
a fresh suit under Order IX, Rule 4 of CPC, the same cause of action is
(a) not barred at all
(b) barred under all the circumstances
(c) not barred if within limitation
(d) either (a) or (b)
Under Order IX, Rule 8 of CPC, a suit can be dismissed if
(a) on the date of hearing only the defendant
(b) appears and the plaintiff does not appear on the date of hearing neither party appears
(c) court fee or postal charges are not paid by the plaintiff for issuance of summons to the
defendant
(d) (d) all the above.
A suit dismissed under Order IX, Rule 8 of CPC, can be restored
(a) under Order IX, Rule 4 of CPC
(b) under Order IX, Rule 9 of CPC
(c) both under (a) and (b)
(d) neither under (a) nor (b).
Under Order IX, Rule 8 of CPC, for non- appearance of the plaintiff, a suit cannot
be dismissed
(a) if the defendant admitted the whole claim of the plaintiff
(b) if the defendant admits the claim of the plaintiff in part, to the extent of claim admitted
(c) both (a) and (b)
(d) neither (a) nor (b).
After dismissal of suit under Order IX, Rule 8 of CPC, a fresh suit on the same
cause of action, under Order IX, Rule 9 of CPC
(a) is barred
(b) is not barred under any circumstances
(c) is not barred subject to law of limitation
(d) either (b) or (c).
An application for restoration of the suit under Order IX, Rule 4 of CPC or under
Order IX, Rule 9 of CPC, must be made, within
(a) 15 days of dismissal
(b) 30 days of dismissal
(c) 60 days of dismissal
(d) 90 days of dismissal.
Order IX, Rule 6 of CPC provides for procedure when only the plaintiff appears
and defendant does not appear on the date of hearing in the contingency
(a) when summons duly served on the defendant
(b) when summons served on the defendant but not within sufficient time
(c) when summons not duly served
(d) all the above.
Under Order IX, Rule 6 of CPC
(a) defence of the defendant can be struck of
(b) defendant can be proceeded against ex- parte
(c) judgment can be pronounced against the defendants
(d) all the above
An order under Order IX, Rule 6 of CPC can be set aside
a) under Order IX, Rule 7 of CPC
b) under Order IX, Rule 9 of CPC
c) under Order IX, Rule 11 of CPC
d) under Order IX, Rule 13 of CPC.
application under Order IX, Rule 7 of CPC can be made
(a) within 30 days of the Order
(b) within 60 days of the Order
(c) any time during the pendency of the suit
(d) at any time on or before the next date of hearing.
Where a plaintiff, who is ordered to appear in person, fails to appear, under Order
IX, Rule 12 of CPC, the suit of the plaintiff is liable to be
(a) stayed
(b) dismissed
(c) either stayed or dismissed
(d) neither stayed nor dismissed.
Where a defendant, who has been ordered to appear in person, fails to appear,
under Order IX, Rule 12 of CPC
(a) the defence of the defen/dant is liable to be struck off
(b) the defendant is liable to be proceeded ex-
(c) either (a) or (b) parte
(d) neither (a) nor (b).
An ex-parte decree can be set aside
(a) under Order IX, Rule 7 of CPC
(b) under Order IX, Rule 11 of CPC
(c) under Order IX, Rule 13 of CPC
(d) under Order IX, Rule 12 of CPC.
An ex-parte decree can be set aside on the ground of
(a) summons not duly served
(b) being prevented by any sufficient cause from appearance
(c) non-appearance due to non-availability of documents with the plaint
(d) both (a) & (b).
Remedies available against an ex-parte decree include
(a) appeal
(b) review
(c) application for setting aside the decree
(d) all the above.
An application under Order IX, Rule 13 of CPC can be made within 3
(a) 30 days of the decree
(b) 60 days of the decree
(c) 90 days of the decree
(d) 6 months of the decree.
After being proceeded against ex-parte, the defendant is
(a) precluded absolutely from participating in any proceeding in the suit
(b) at liberty to join the proceedings at the stage where the proceedings are pending
(c) at liberty to join the proceedings and do all the things which it could have done, had he not
been proceeded against ex- parte, without getting the ex-parte order set aside
(d) either (a) or (c).
Discovery by interrogatories & inspection has been provided
(a) under Order X of CPC
(b) under Order XI of CPC
(c) under Order XV of CPC
(d) under Order XVI of CPC
Interrogatories shall be answered as provided under Order XI, Rule 8 of CPC
(a) on a simple application
(b) on an affidavit
(c) by filing the documents
(d) all the above.
Affidavit in answer to interrogatories shall be filed
(a) within 7 days of the order
(b) within 10 days of the order
(c) within 14 days of the order
(d) within 15 days of the order.
Interrogatories can be set aside or struck off, on an application under Order XI,
Rule 7 of CPC, made within
(a) 7 days of service of interrogatories
(b) 10 days of service of interrogatories
(c) 14 days of service of interrogatories
(d) 15 days of service of interrogatories.
Objections to interrogatories under Order XI, Rule 6 of CPC can be made if it is
(a) scandalous
(b) irrelevant
(c) not bonafide
(d) all the above.
Grounds for setting aside interrogatories contained in Order XI, Rule 7 of CPC are
(a) prolix
(b) oppressive
(c) unnecessary
(d) all the above.
Order XI, Rule 21 of CPC provides for penalty on account of
(a) failure to comply with an order to answer interrogatories
(b) failure to comply with an order for discovery and inspection of documents
(c) both (a) and (b)
(d) neither (a) nor (b).
Under Order XI, Rule 21, for the non- compliance with an order for discovery etc.
(a) suit is liable to be dismissed if the plaintiff fails to comply with the order
(b) suit is liable to be stayed till the plaintiff complies with the order
(c) suit is liable to be adjourned sine-die
(d) either (a) or (b) or (c).
Under Order XI, Rule 21, for the non-compliance with an order of discovery by the
defendant
(a) the suit of the plaintiff is liable to be decreed.
(b) the defence of the defendant is liable to be struck-off
(c) the defendant is liable to be proceeded against ex-parte
(d) either (a) or (b) or (c).
The power of dismissal of a suit or striking out of defence under Order XI, Rule 21
of CPC should be exercised
(a) only where there is obstinacy or contumacy or wilful attempt to disregard the order of the
court
(b) where there is no obstinacy or contumacy and there is no wilful attempt to disregard the
order of the court
(c) generally without going into the question of obstinacy or contumacy or wilfull disregard
(d) as per the discretion of the Court.
Where a party fails to produce certain documents in original under Order XI, Rule
14 of CPC, the Court would be entitled to
(a) dismiss the suit if failure is on the part of the plaintiff
(b) strike out the defence of the defendant if such failure is on the part of the defendant
(c) raise an adverse presumption against the party guilty of non-production of documents
(d) either (a) or (b).
On dismissal of the suit for non-compliance with an order for discovery under
Order XI, Rule 21 of CPC
(a) the plaintiff can bring a fresh suit on the same cause of action as a matter of right
(b) the plaintiff can bring a fresh suit on the same cause of action only with the leave of the court
(c) the plaintiff can bring a fresh suit on the same cause of action only if the court dismissing the
suit has granted liberty to file a fresh suit
(d) the plaintiff is precluded from bringing any fresh suit on the same cause of action.
Judgment on admission can be given
(a) under Order XII, Rule 8 of CPC
(b) under Order XII, Rule 6 of CPC
(c) under Order XII, Rule 4 of CPC
(d) under Order XII, Rule 2 of CPC.
For the purposes of Order XII, Rule 6 of CPC admissions of fact
(a) must be in pleading
(b) may be otherwise
(c) may be either in pleadings or otherwise
(d) only in pleading and not otherwise.
Order XII, Rule 6, permits the court to pass judgment on the basis of statement
made by the parties
(a) in the pleadings
(b) in any document
(c) in the statement recorded in the court
(d) either (a) or (b) or (c).
A party filing affidavit in reply to interrogatories
a) can be cross—examined upon it
b) the other party can adduce evidence to contradict it
c) can neither cross-examine nor adduce any evidence to contradict it, as it is a conclusive proof
(d) can be cross-examined and adduce evidence to contradict it as it is a not proved fact.
Under Order XIII, Rule 1 of CPC, all the documentary evidence in original by the
parties, must be filed
(a) at or before the settlement of issues
(b) after the settlement of issues
(c) at the time of evidence
(d) at any time.
Any documentary evidence, in possession of the party not filed under Order XIII,
Rule 1 of CPC, the party is
(a) excluded from filing the same at a subsequent stage of the proceeding
(b) not excluded from filing the same at a subsequent stage of proceedings, but can file the same
only with the leave of the court
(c) not excluded from filing the same at a subsequent stage of proceedings without any leave of
the court
(d) either (a) or (c).
Documents which are meant for cross-examining a witness of the otter 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 the time when they are required
(d) none of the above.
A document can be received at a later stage
a) if the genuineness of the document is beyond doubt and is relevant to decide the real
question in controversy
b) if the genuineness of the document is beyond doubt but is not relevant to decide the real
question in controversy
c) if the genuineness of the document is disputed and is not relevant to the matter in
controversy
d) all the above.
Original documents can be returned to the party producing it
a) after the suit is over
b) after the disposal of appeal, if preferred
c) after the period of limitation for filing the appeal, if no appeal is preferred
d) only (b) & (c) are correct.
During the pendency of the suit, to a party producing the document
(a) the original document admitted in evidence cannot be returned
(b) the original documents admitted in evidence can be returned on producing the certified copies
thereof
(c) the original documents admitted in evidence can be returned on producing an ordinary copy
thereof
(d) either (b) or (c).
In a suit, issues are framed in respect of
(a) questions of facts
(b) questions of law
(c) mixed question of fact & law
(d) all the above.
Issues mean
(a) contentions arising out of plaint only
(b) contentions arising out of written statement only
(c) rival contentions of the parties based on their pleadings
(d) presumptions of fact or law or fact & law.
Issues are settled, in a suit
(a) under Order XIII of CPC
(b) under Order XIV of CPC
(c) under Order II of CPC
(d) under Order VII of CPC.
Which of the issues under Order XIV, Rule 2 of CPC can be tried as preliminary
issues
(a) issues of fact
(b) issues of law
(c) issues of fact & law
(d) both (b) & (c).
Issues of law can be tried as preliminary issues, if it relates to
(a) the jurisdiction of the court
(b) a bar to the suit created by any law
(c) either (a) or (b)
(d) neither (a) nor (b).
Issues can be altered
(a) under Order XIV, Rule 2(2) of CPC
(b) under Order XIV, Rule 3 of CPC
(c) under Order XIV, Rule 5 of CPC
(d) under Order XIV, Rule 6 of CPC.
Under Order XIV, Rule 5 of CPC
(a) issues already framed can be amended
(b) issue already framed can be struck off
(c) additional issues can be framed
(d) all the above.
List of witnesses must be filed, by the parties
(a) alongwith the plaint or written statement
(b) before framing of issues
(c) after the framing of issues
(d) no need to file the list of witnesses.
Parties must file the list of witnesses within
(a) 10 days of framing of issues
(b) 15 days of framing of issues
(c) 30 days of framing of issues
(d) 60 days of framing of issues.
Court has the power to summon a person, who is not called by any party, as a
witness
(a) under Order XVI, Rule 18 of CPC
(b) under Order XVI, Rule 14 of CPC
(c) under Order XVI, Rule 12»ef CPC
(d) under Order XVI, Rule 10 of CPC.
Adjournment can be granted
(a) under Order XVII, Rule 3 of CPC
(b) under Order XVII, Rule 2 of CPC
(c) under Order XVII, Rule 1 of CPC
(d) under Order XVII, Rule 1(2) of CPC.
When, on the day to which the hearing of the suit is adjourned, the parties or any of
them fail to appear
(a) Order XVII, Rule 2 of CPC shall apply
(b) Order XVII, Rule 3 of CPC shall apply
(c) both Order XVII, Rule 2 and Order 17, Rule 3 of CPC shall apply
(d) neither Order XVII, Rule 2 of CPC nor
Order 17, Rule 3 of CPC shall apply. Order XVII, Rule 2 of CPC and Order XVII,
Rule 3 of CPC are
(a) in conflict with each other
(b) independent & mutually exclusive
(c) Order XVII, Rule 3 of CPC is dependent on Order XVII, Rule 2 of CPC
(d) Order XVII, Rule 3 of CPC controls Order XVII, Rule 2 of CPC.
Order XVII, Rule 3 of CPC applies
(a) when the party fails to produce the evidence
(b) when the party produced-the evidence
(c) when the parties or any of them not present
(d) all the above.
Who shall produce the evidence first
(a) plaintiff
(b) defendant
(c) either plaintiff or defendant
(d) as directed by the court.
Where a party wishes to appear as a witness, as a general rule
(a) the party shall appear as a witness after all other witnesses are examined
(b) the party shall appear first before any witness on his behalf has been examined
(c) the party has the discretion to appear either before or after examination of other witnesses
(d) as directed by the court.
A witness who has already been examined can be recalled under Order XVIII, Rule
17 of CPC
(a) by the party calling the witness
(b) by the opposite party
(c) by the court
(d) all the above
Where a judgment debtor puts any resistance or obstruction to the decree ‘holder in
exemption of a decree for possession of immovable property, the judgment debtor is
liable, under section 74 of CPC, to be
(a) detained in the civil prison for a term which may extend to 60 days
(b) detained in the civil prison for a term which may extend to 30 days
(c) detained in the civil prison for a term which may extend to 15 days
(d) detained in the civil prison for a term which may extend to 7 days.
Any party may address oral arguments in his case and before the conclusion of oral
arguments can submit written arguments and such‘ written arguments
(a) shall form part of record
(b) shall not form part of the record
(c) shall not form part of the record unless it follows affidavit
(d) shall form of the record only if the court directs.
Ordinarily, the judgment shall be pronounced as provided under Order XX, Rule 1
of CPC, within
(a) 15 to 30 days of hearing
(b) 5 to 15 days of hearing
(c) 30 to 60 clays of hearing
(d) 30 to 45,days of hearing
Judgment 8: decree have been dealt in CPC
(a) under Order XIX
(b) under Order XX
(c) under Order XX-A
(d) under Order XXI.
Clerical or arithmetical mistakes in judgments, orders etc. can be corrected
(a) under section 152 of CPC
(b) under section 153 of CPC
(c) under section 153A of CPC
(d) under section 153B of‘CPC.
For getting the clerical or arithmetical mistakes judgment etc, corrected, the
application
(a) shall be made within 30 days
(b) shall be made within 6O days
(c) shall be made within 90 days
(d) can be made at any time & no limitation period has been prescribed.
Under section 34 of IPC, the court can grant interest
(a) from the date of the suit till the date of decree
(b) from the date of the decree till realisation
(c) both (a) & (b)
(d) neither (a) nor (b)
Provision for interest in CPC has been made
(a) under section 32
(b) under section 34
(c) under section 35A
(d) under section 35B.
Future interest i.e., from the date of the decree till realisation, can be awarded,
under CPC
(a) @ 12% per annurn
(b) @ 9% per annum
(c) @ 6% per annum
(d) depending on the prevailing bank rates.
Awarding future interest is
(a) mandatory
(b) directory
(c) discretionary
(d) only (a) and not (b) or (c).
Where a decree is silent as regards future interest
(a) future interest shall be deemed to have been refused and a separate suit shall lie for the same.
(b) future interest shall be deemed to have been refused and a separate suit shall not lie.
(c) future interest shall be deemed to have been inadvertently omitted and an application can be
moved before the court.
(d) future interest shall be deemed to have been granted and it shall be a clerical or arithmetical
error to be corrected on application
Rule of Damdupat is
(a) a rule relating to costs
(b) a rule relating to interest
(c) a rule of res-judicata
(d) a rule of evidence.
Pendente lite interest can be awarded
(a) on the basis of the agreement between the parties
(b) @ 6%
(c) @ 9%
(d) @ 12%.
Which of the following provisions provide for imposition of costs in a civil suit
(a) section 35 of CPC
(b) section 35A of CPC
(c) section 35B of CPC
(d) all the above.
Costs can be imposed in suit execution proceedings a suit as well as execution
proceedings only in a suit and not in execution proceedings.
Costs can be imposed to
(a) compensate
(b) reimburse the expenses incurred
(c) compensate as well as to re-imburse the expenses incurred
(d) only to reimburse the expenses incurred and not to compensate.
Compensatory costs can be imposed for
(a) false or vexation claims or defences
(b) improbable claims or defences
(c) both (a) & (b)
(d) neither (a) nor (b).
Compensatory costs are imposed
(a) under section 35 of CPC
(b) under section 35A of CPC
(c) under section 35B of CPC
(d) all the above.
Compensatory costs under section‘ 35A of CPC can be imposed to the extent of
(a) Rs. 3,000
(b) Rs. 5,000
(c) Rs. 10,000
(d) Without any limit.
Imposition of costs under section 35A of CPC
(a) absolves a person from criminal liability that may arise on the principle of double jeopardy
(b) does not absolve the person from criminal liability that may arise there from
(c) may absolve or may not absolve from criminal liability
(d) the court imposing cost may order for exemption from criminal liability.
Costs under section 35A of CPC can be imposed
(a) in an appeal
(b) in a revision
(c) both in an appeal and a revision
(d) neither in an appeal nor in a revision.
Costs under section 35A of CPC can be imposed
(a) on plaintiff
(b) on defendant
(c) on co-defendant
(d) all the above.
Costs for causing delay has been provided under
(a) section 35A of CPC
(b) section 35B of CPC
(c) section 36 of CPC
(d) section 35 of CPC.
Imposition of costs under section 35B of CPC is
(a) mandatory
(b) directory
(c) either (a) or (b)
(d) neither (a) nor (b).
Costs imposed under section 35B of CPC
(a) shall be included in the costs awarded in the decree passed in the suit
(b) shall not be included in the costs awarded in the decree passed in the suit
(c) shall, if ‘not paid, be executable against the person on whom the costs has been imposed
(d) only (b) & (c).
Security for payment of cost can be required to be furnished
(a) under Order XXA
(b) under Order XXV
(c) under Order XXIV
(d) under Order XXVII.
Security for payment of cost can be required to be furnished under Order XXV,
from
(a) the plaintiff
(b) the defendant
(c) the co-defendant
(d) all the above.
On failure for furnishing security for payment of cost the suit is liable to be
(a) stayed
(b) dismissed
(c) rejected
(d) either (a) or (b) or (c) in the discretion of the court.
A suit dismissed under Order XXV for non furnishing of security for payment of
costs
(a) cannot be restored
(b) can be restored by the same court
(c) can be restored only in appeal
(d) can be restored only in revision.
Provision relating to execution of decrees are contained in
(a) Order XXI
(b) Order XXV
(c) Order XXXIII
(d) Order XXXVI.
Money under a decree can be paid
(a) in the court
(b) out of the court
(c) either in the court or out of the court
(d) only in the court and not out of the court.
Application for execution of a decree is to be made
(a) to the court which passed the decree
(b) to the court of small causes
(c) to the district court
(d) to the High Court.
An executing court
(a) can modify the terms of the decree
(b) can vary the term of the decree
(c) can modify and vary the terms of the decree
(d) can neither modify nor vary the terms of the decree
A decree for execution
(a) cannot be transferred to another court
(b) can be transferred to another court
(c) may or may not be transferred
(d) either (a) or (c).
Transfer of a decree for execution to another court has been dealt with
(a) under section 37 of CPC
(b) under section 38 of CPC
(c) under section 39 of CPC
(d) under section 40 of CPC.
A decree can be transferred for execution to another court
(a) if the judgment debtor actually & voluntarily resides or carries on business, or personally
works for gain, within the local limits of that other court
(b) if the judgment debtor does not have sufficient property to satisfy the decree within the local
limits of the court, passing the decree and has property within. The local limits of that other
court
(c) if the decree directs sale or delivery of immovable property situate outside the jurisdiction of
the court passing the decree
(d) all the above.
Law does not require issuance of notice of the application for execution of a decree,
to the judgment debtor, where the execution is applied
(a) within four years of the decree
(b) within two years of the decree
(c) within three years of the decree
(d) within five years of the decree.
In which of the following cases, notice of the execution application has to be issued
to the judgment debtor
(a) where the execution is applied for beyond two years after the date of the decree
(b) where the execution application is made against the legal representatives of the judgment
debtor even it made within two years of the decree
(c) where the execution application has been made by the assignee of the interests of the
decree holder even if made within two years of the decree
(d) all the above.
Provisions of section 39 of CPC are
(a) permissive & not mandatory
(b) mandatory & not permissive
(c) mandatory & discretionary
(d) none of the above.
Words ‘competent jurisdiction’ under section 39 of CPC refers to
(a) pecuniary jurisdiction of the transferee court
(b) territorial jurisdiction of the transferee court
(c) pecuniary and territorial jurisdiction of the transferee court
(d) subject matter jurisdiction of the transferee court.
Execution of a decree can
(a) be stayed by the court passing the decree under all the circumstances V
(b) be stayed by the court passing the decree before the time allowed for appeal
(c) not be stayed by the court passing the decree under any circumstances
(d) either (a) or (c).
A decree for execution cannot be sent to a
(a) foreign court
(b) court outside India established by the authority of Central Government
(c) both (a) & (b)
(d) neither (a) nor (b).
In case of a joint decree, the execution must be applied
(a) by all the decree holders
(b) by more than one decree holders
(c) by one decree holder
(d) either by one or more or all the decree holders.
Execution of a decree can be applied for
(a) against the judgment debtor personally
(b) in case of the judgment debtor being dead, against the legal representatives of the judgment
debtor
(c) against the person whom the court directs
(d) both (a) & (b).
Which of the following statements are correct
(a) the executing court must take the decree at it stands
(b) the executing court cannot go into the question whether the decree has been obtained by fraud
(c) the executing court cannot question the legality, correctness or validity of the decree
(d) all the above.
An executing court can go behind the decree where
(a) the decree has been passed without jurisdiction – pecuniary, territorial or subject matter
(b) the decree is a nullity having been passed against a dead person without bringing his legal
representatives on the record
(c) where the decree is ambiguous
(d) all the above.
Precept is
(a) a transfer of the decree
(b) an order to another competent court to attach any property of the judgment debtor
(c) an execution of decree
(d) all the above. “
Attachment of property under a precept shall remain valid for a period of
(a) 90 days until extended
(b) 60 days until extended
(c) 30 days until extended
(d) till further order.
Under section 47′ of CPC, all questions arising between the parties to the suit,
relating to execution, discharge or satisfaction of the decree have to be decided
(a) by the executing court
(b) by a separate suit
(c) either (a) or (b)
(d) both (a) & (b).
Section 47 of CPC is
(a) mandatory and bars a suit
(b) mandatory and bars a defence
(c) mandatory and bars a suit as well as a defence
(d) directory.
Section 47 of CPC applies
(a) to the objections raised to the execution by the parties to the suit
(b) to the objections raised to the execution by the third parties
(c) both (a) & (b)
(d) either (a) or (b).
Where a judgment debtor dies before the decree has been fully satisfied, the same
can be executed against
(a) any one of the legal representatives of the “judgment debtor in its entirety
(b) against all the legal representatives
(c) against any member of the l legal representatives as the decree holder wants
(d) against the legal representative, as directed by the court.
In execution of decree against legal representatives, the liability of the legal
representative under section 50 of CPC
(a) is limited to the extent of the property of the deceased inherited by him
(b) is not limited to the extent of the property inherited but extends to his personal property
(c) extends to his personal property in cases where he has not inherited anything .
(d) either (b) or (c).
Under section 47 of CPC parties to the suit means
(a) the parties themselves
(b) the representatives of the parties
(c) the auction purchaser in execution of decree
(d) all the above.
Modes of execution of a decree have been stated in
(a) section 48 of CPC
(b) section 49 of CPC
(c) section 51 of CPC
(d) section 52 of CPC
Omission to give notice, under Order 21, Rule 22 of CPC, of the execution is a defect
which renders the execution
(a) null &void
(b) irregular
(c) voidable
(d) valid.
Arrest of a person in execution of a decree has been provided
(a) under section 53 of CPC
(b) under section 54 of CPC
(c) under section 55 of CPC
(d) under section 56 of CPC.
Who can be arrested in execution of a decree
(a) a man
(b) a woman
(c) a minor
(d) all the above.
Section 56 of CPC prohibits, arrest & detention, in execution of a decree, of
(a) a minor boy
(b) a minor girl
(c) a woman
(d) all the above.

Imprisonment in execution of a decree can be
(a) rigorous imprisonment
(b) simple imprisonment
(c) civil imprisonment
(d) either (a) or (b) or (c) as per the discretion of the court.
Maximum period of detention where the decree is for more than Rs. 5,000 is
(a) six weeks
(b) two months
(c) three months
(d) six months.
Maximum period of detention in civil imprisonment where the decree is for more
than Rs. 2,000 but less than Rs. 5,000 is
(a) six weeks
(b) two months
(c) three months
(d) six months.
No arrest & detention in civil imprisonment can be ‘made if the decree is for
payment of
(a) not exceeding Rs. 500
(b) not exceeding Rs. 1,000
(c) not exceeding Rs. 1,500
(d) not exceeding Rs. 2,000.
Civil imprisonment in execution of a decree can be awarded if the decree is for
minimum
(a) Rs. 500
(b) Rs. 1,000
(c) Rs. 2,000
(d) Rs. 5.000.
Arrest & detention of a person in civil imprisonment in execution of the decree
(a) absolves him from liability under the decree but can be re-arrested
(b) does not absolve him but the person cannot be re-arrested
(c) does not absolve him and the person can be re-arrested
(d) absolves him from the liability altogether and cannot be re-arrested.
A person arrested 8: detained in civil imprisonment in execution of a decree can be
released
(a) on payment of the outstanding amount
(b) on the ground of illness of self
(c) on the ground of illness of a member of his family
(d) ‘only (a) or (b) not (c).
Property liable to attachment and sale in execution of decree is mentioned
a) under section 59 of CPC
b) under section 60 of CPC
c) under section 61 of CPC
d) under section 62 of CPC.
Which of the following properties of a judgment debtor are liable to be attached
(a) personal ornaments of religious usage of a woman
(b) tools of artisan & cattle & seed-grain
(c) books of accounts
(d) shares in a corporation & Government securities.
Which of the following properties cannot be attached in execution of a decree
(a) penricus
(b) promissory notes
(c) house or other building
(d) Hindi.
In execution of a decree for the maintenance, salary of a person can be attached to
the extent of
(a) one fourth
(b) one third
(c) two third
(d) one half.
In execution of a decree other than a decree of maintenance, salary of a person can
be attached to the extent of
(a) Rs. 400 plus two third of the remainder
(b) Rs. 500 plus one half of the remainder
(c) Rs. 1,000 plus one third of the remainder
(d) Rs. 1,000 plus two third of the remainder.
In a case of one & the same decree, the attachment of salary can continue for a total
period of
(a) 12 months
(b) 24 months
(c) 36 months
(d) 60 months.
In cases of two or more decrees the attachment of salary shall commence after
(a) three months of the completion of 24 months of attachment under the earlier decree
(b) six months of the completion of 24 months of attachment under the earlier decree
(c) (c) nine months of completion of 24 months of attachment under the earlier decree
(d) twelve months of the completion of 24 months of attachment under the earlier decree.
Private alienation of property by the judgment debtor after attachment under
section 64(1) of CPC is.
(a) valid
(b) voidable
(c) void
(d) irregular
Properties of a judgment debtor which are not liable to be attached have been
mentioned in
(a) section 60 of CPC
(b) section 62 of CPC
(c) section 64 of CPC
(d) section 66 of CPC.
Subsistence allowance in respect of the person detained in civil imprisonment has to
be paid by the
(a) State Government
(b) Central Government
(c) decree holder
(d) either (a) or (b) or (c).
Persons who are exempted from arrest under civil process, have been mentioned in
(a) section 135 of CPC
(b) section 135A of CPC
(c) section 136 of CPC
(d) both (a) 8: (b).
A ’garnishee’ is
(a) the judgment debtor
(b) judgment debtor’s debtor
(c) judgment debtor’s creditor
(d) the banker of the judgment debtor.
A garnishee order is an order
(a) prohibiting the judgment debtor’s debtor from making any payment to the judgment debtor
(b) directing the judgment debtor’s creditor to take the payment from the judgment debtor’s
debtor
(c) permitting the judgment debtor’s debtor to make the payment to the judgment debtor
(d) either (a) or (b) or (c).
Attachment of property in execution of a decree
(a) continues to be under attachment if the decree is set aside or reversed, without a specific
order of release
(b) shall be deemed to be withdrawn on setting aside or reversal of the decree
(c) shall be deemed to be withdrawn on reversal of the decree but not on setting aside of the
decree
(d) shall be deemed to be withdrawn on setting aside of the decree but not on reversal of the
decree.
Objections to the attachment of property in execution can be raised
(a) by parties to the suit
(b) by strangers / third party
(c) both (a) & (b)
(d) only (b) & not (a).
A decree for specific movable property can be executed
(a) by attachment
(b) by detention
(c) by seizure
(d) all the above.
Abatement of proceedings is governed
(a) by Order XXII of CPC
(b) by Order XXIII of CPC
(c) by Order XXIV of CPC
(d) by Order XXVII of CPC.
Order XXII CPC applies to
(a) suits
(b) appeals
(c) execution proceedings
(d) all the above.
Abatement means
(a) suspension or termination of proceedings in an action for want of proper parties
(b) the process of bringing on record the legal representatives of the party on death of a party to
the suit
(c) the process of seeking permission to file a fresh suit on the same cause of action on the death
of either party
(d) all the above.
An application for bringing the legal representatives of a party has to be moved
within
(a) 30 days of the death
(b) 60 days of the death
(c) 90 days of the death
(d) 15 days of the death.
Procedure in case of death of one of several plaintiffs or of the sole plaintiff has been
provided
(a) under Order XXII, Rule 2 of CPC
(b) under Order XXII, Rule 3 of CPC
(c) under Order XXII, Rule 4 of CPC
(d) under Order XXII, Rule 6 of CPC.
If the sole plaintiff in a suit dies and no application for bringing the legal
representatives of the deceased plaintiff has been moved
(a) the proceedings shall be terminated immediately
(b) the proceedings shall be terminated on the expiry of 90 days from the date of death of the
plaintiff
(c) the proceedings shall not terminate
(d) the court shall appoint an administrator of the plaintiff to continue with the suit.
In case a party to the suit dies and no application moved for the substitution of the
legal representatives within the statutory period, under Order XXII, Rule 19 of CPC
(a) the suit automatically abates on the expiry of the statutory period for moving the
application without any formal order of the court
(b) the suit automatically abates on the expiry of the statutory period for moving the
application, however, there has to be a formal and specific order of the court to that effect
(c) the suit does not abate automatically on the expiry of the statutory period for moving the
application and a formal and specific order of the court to that effect is a must
(d) the suit is to be stayed till the application is presented.
An application for substitution of the legal representatives of a defendant lies
(a) under Order XXII, Rule 3 of CPC
(b) under Order XXII, Rule 4 of CPC
(c) under Order XXII Rule 4A of CPC
(d) under Order XXII, Rule 5 of CPC.
If a sole defendant in a suit dies and no application for bringing‘ on record, the legal
representatives of the deceased defendant has been moved
(a) the proceedings shall be terminated immediately
(b) the proceedings shall be terminated on the expiry of 90 days from the date of death of the
defendant
(c) the proceedings shall not terminate
(d) the court can appoint an administrator of the defendant and continue the proceedings
In case of death of a defendant the necessity of substituting the legal representatives
of the deceased defendant
(a) cannot be dispensed with under any circumstances
(b) can be dispensed with in respect of a defendant who has failed to file the written statement
(c) can be dispensed with in respect of’ a defendant who having filed the written statement, does
not appear and contest the suit
(d) both (b) and (c).
Substitution of the legal representatives of either party, in case of death, is
permissible
(a) when the right to sue survives
(b) when the right to sue does not survive
(c) when the right to sue may or may not
(d) all the above.
Right to sue survives in cases of suits for
(a) defamation
(b) assault
(c) personal injuries not causing death
(d) none of the above
In cases where there is no legal representative of a party to the suit, who died during
the pendency of suit, under Order XXII, Rule 4A of CPC
(a) the proceedings shall abate
(b) the proceedings shall continue
(c) the court shall appoint an administrator general to represent the estate of the deceased for the
purposes of the proceedings and continue with the proceedings
(d) only (a) and not (b) or (c).
On the marriage of a female who is a party to the suit, under Order XXII, Rule 7 of
CPC
(a) the proceedings shall abate
(b) the proceedings shall not abate
(c) it is the discretion of the court to continue or not to continue with the proceedings
(d) either (a) or (c).
During the period of conclusion of hearing and the pronouncing of the judgment, if
either party dies, under Order XXII, Rule 6 of CPC
(a) the proceedings shall abate
(b) the proceedings shall not abate irrespective of whether the cause of action survives or not
(c) it is the discretion of the court to order abatement or non-abatement of the suit
(d) either (a) or (c).
On abatement of suit, under Order XXII, Rule 9 of CPC
(a) a fresh suit on the same cause of action can be brought as a matter of right
(b) a fresh suit on the same cause of action can be brought only with the permission of the court
(c) a fresh suit on the same cause of action is barred
(d) either (b) or (c).
Abatement of suit can be set aside
(a) under Order XXII, Rule 9 of CPC
(b) under Order XXII, Rule 10 of CPC
(c) under Order XXII, Rule 10 of CPC
(d) under Order XXII, Rule 11 of CPC.
An assignee of an interest during the pendency of the suit can be brought onrecord
by virtue of
(a) Order XXH, Rule 10 of CPC
(b) Order XXII, Rule 10A of CPC
(c) Order XXII, Rule 4A of CPC
(d) Order XXII, Rule 11 of CPC.
An application for substitution of the legal representatives of the defendant who has
died, has to be moved by
(a) the legal representatives of the defendant
(b) the plaintiff
(c) both (a) and (b)
(d) either (a) or (b).
An application for the substitution of the legal representatives of the plaintiff who
has died, has to be moved by
a) the legal representatives of the plaintiff
b) the defendant
c) both (a) and (b)
d) either (a) or (b).
Withdrawal of suits is governed by
a) Order XXIII, Rule 1 of CPC 350
b) Order XXIII, Rule 3 of CPC
Order XXIII, Rule 1 & Rule 3 of CPC
Order XXIII, Rule 3A of CPC.
If the plaintiff wants to withdraw the suit, then
a) the plaintiff can withdraw the suit against all the defendants if there are more than one
b) the plaintiff has the liberty to withdraw the suit against some of the defendant if there are
more than one
c) the plaintiff has the liberty to withdraw the suit against anyone of the defendants
d) all the above.
Under Order XXIII, Rule 1 of CPC, the plaintiff is
a) under an obligation to withdraw the suit with entirety with respect to all the claims
b) having the liberty to withdraw the suit in its entirety or abandon a part of his claim
c) having the liberty to withdraw only a part of his claim and cannot abandon the suit
d) none of the above.
A suit filed on behalf of a minor can be
a) withdrawn at any time as a matter of right
b) cannot be withdrawn
c) withdrawn only with the leave of the court
d) either (a) or (b).
After withdrawal of the suit a plaintiff
a) can institute a fresh suit in respect of the same subject matter
b) can institute a fresh suit in respect of the same subject matter only with the leave of the
court
c) can institute a fresh suit in respect of the same subject matter only with the leave of the
High Court
d) cannot institute a fresh suit in respect of the same subject matter, unless liberty is given at
the time of withdrawal of the suit.
Liberty to institute a fresh suit in respect of the same subject matter, at the time of
withdrawal of the suit is given
(a) as a general rule
(b) where the suit suffers from same formal defect & is likely to fail on that account
(c) where the court finds sufficient grounds
(d) only (b) & (c)
Right to withdraw the suit, is
(a) an absolute right of the plaintiff
(b) a qualified right of the plaintiff
(c) fettered by certain conditions
(d) either (a) or (b) or (c)
In cases of withdrawal of suit by the plaintiff, under Order XXIII, Rule 1A of CPC
(a) defendants cannot be transposed as plaintiffs
(b) defendants can be transposed as plaintiffs under all circumstances
(c) defendants can be transposed as plaintiff if substantial question is to be decided against any of
the other defendants
(d) either (a) or (b).
Parties to the suit can compromise in a suit
(a) under Order XXIII, Rule 3A of CPC
(b) under Order XXIII, Rule 3 of CPC
(c) under Order XXIII, Rule 1 of CPC
(d) under Order XXIII, Rule 4 of CPC.
Compromise under Order XXIII, Rule 3 of CPC
(a) must be in writing and signed by the parties
(b) must be in writing but need not be signed by the parties
(c) must be in writing but need not be lawful
(d) need not be in writing but must be lawful.
Under Order XXIII, Rule 3, CPC, the subject matter of the compromise
(a) shall be the subject matter of the suit
(b) can embrace part of the subject matter of the suit and part outside it
(c) can embrace the subject matter outside the suit
(d) both (b) &(c).
Under Order XXIII, Rule 3 of CPC, on the basis of a compromise
(a) a decree has to be drawn only in respect of the subject matter that relates to the suit
(b) a decree has to be drawn for the entire compromise so long as it embraces part of 356 the
subject matter of the suit and part outside it
(c) a decree has to be drawn where the compromise does not embrace the subject matter of the
suit at all
(d) no decree need to be drawn in cases or compromise of the suit.
Under Order XXIII, Rule 3A of CPC, a suit to set aside a compromise decree
(a) shall lie on the ground that compromise is not lawful
(b) shall not lie on the ground that the compromise is not lawful
(c) shall not lie on any ground
(d) both (b) & (c)
In a representative suit, an agreement or compromise can be entered into Order
XXIII, Rule 3B of CPC
(a) as a general rule
(b) without the leave of the court
(c) only with the leave/of the court
(d) both (a) & (b).
An agreement or compromise entered into, in a representative suit, without the
leave of the court shall be
(a) void
(b) voidable
(c) valid
(d) either valid or voidable.
Purposes for which the court can issue a commission have been enumerated in
(a) section 73 of CPC
(b) section 74 of CPC
(c) section 75 of CPC
(d) section 76 of CPC
For issuance of commission, section 75 is
(a) exhaustive
(b) prohibitory
(c) illustrative
(d) none of the above.
Under section 75, a commission can be issued
(a) to make local investigation
(b) to hold a scientific, technical or expert investigation
(c) to perform any ministerial act
(d) all the above.
Provisions relating to issuance of commission are contained in
(a) Order XXVI of CPC
(b) Order XXXII of CPC
(c) Order XXVII of CPC
(d) Order XXVIII of CPC.
Under section 78 of CPC the commission can be issued for the examination of
witness by or at the instance of
(a) courts situate in any part of India to which the provision of CPC do not extend
(b) courts established outside India by the authority of Central Government
(c) a foreign court
(d) all the above.
Commission to make local investigation‘ can be issued
(a) under Order XXVI, Rule 1, CPC
(b) under Order XXVI, Rule 6, CPC
(c) under Order XXVI, Rule 9, CPC
(d) under Order XXVI, Rule 10, CPC.
Commission to make local investigation cannot be issued for the purposes of
(a) collecting evidence on a fact
(b) elucidating any matter in dispute
(c) ascertaining the market value of the property
(d) ascertaining the amount of manse profit.
Expenses of the commission have to be born by
(a) the party at whose instance the commission is issued
(b) the party for whose’ benefit the commission is issued
(c) both parties in a suit in equal share
(d) either (a) or (b).
Commission for local investigation can be issued
(a) ex parts
(b) in the presence of both the parties
(c) only after hearing all the parties
(d) only (a) & (b).
For instituting a suit against the Government or against a public officer in official
capacity, the notice period under section 80 of CPC is
(a) 3 months
(b) 2 months
(c) 1 month
(d) 15 days.
Provisions of section 80 of CPC are
a) mandatory
b) directory
c) discretionary
d) none of the above
Provisions of section 80 of CPC are binding
(a) the court of a Civil judge
(b) the court of District Judge
(c) the High Court
(d) all the above
A suit without service of notice under section 80 of CPC can be instituted
(a) generally, with the leave of the court
(b) in cases where urgent or immediate relief is sought, with the leave of the court .
(c) in case where urgent or immediate relief is sought, without the leave of the court
(d) only (a) &; (c)
In cases of urgent or immediate: relief, where leave to investigate the suit without
service of notice under section 80 of CPC has been granted
(a) no interim or otherwise, ex parte relief can ‘ (C) be granted
(b) interim or otherwise exparte relief can be granted generally
(c) interim or otherwise ex parte relief may be granted under certain circumstances
(d) either (a) or (c)
Foreign Rulers, Ambassadors 8: Envoys, under section 86 of CPC
a) cannot be sued in Indian Courts
b) can be sued in Indian Courts without the consent of the Central Government
c) can be sued in Indian Courts only with the written consent of the Central Government
d) either (a) or (b) (b)
Inter pleader suit has been defined
(a) under section 88 of CPC
(b) under section 89 of CPC
(c) under section 90 of CPC
(d) under section 91 of CPC
In an inter pleader suit, the plaintiff claims
(a) interest in the subject matter of the suit
(b) no interest in the subject matter of the suit except charges or costs
(c) no interest in the subject matter of the suit also not claims charges or costs
(d) only (a) and not (b) or (c).
In an inter pleader suit, there
a) are several claimants claiming the property adverse to each other
b) is only one claimant claiming the property against the other
c) are several claimants claiming the property under common interest of all
d) either (a) or (b) or (c).
Provisions relating to inter pleader suit are contained in
a) Order XXII of CPC
b) Order XXXIV of CPC
c) Order XXXV of CPC
d) Order XXXVI of CPC.
Suits for declaration 8: injunction in respect of public nuisances under section 91 of
CPC, be instituted by
a) an individual without the leave of the court
b) an individual with the leave of the court
c) two or more persons without the leave of the court
d) two or more persons with the leave of the court.
Public nuisance within the meaning of section 91 of CPC is
a) nuisance in law
b) nuisance in fact
c) both (a) and (b)
d) either (a) or (b).
Which of the following can be done under section 94 of CPC
a) issuance of warrant of arrest against the defendant
b) attachment of any property
c) grant of temporary injunction
d) all the above.
A warrant of arrest before judgment against a under section 91 of CPC defendant
can be issued under – Order XXXVIII, Rule 1 of CPC
a) if the defendant has absconded or left the local limits of the jurisdiction of the court if the
defendant is about to abscond or leave the local limits of jurisdiction of the court
b) if the defendant is about to abscond or leave the local limits of jurisdiction of the court
outside the local limits of the jurisdiction of the court
c) If the defendant removes the property outside the local limits of the jurisdiction of the
court
d) all the above.
Security for appearance can be required to be furnished by the defendant
(a) under Order XXXVIII, Rule 1 of CPC
(b) under Order XXXVIII, Rule 2 of CPC
(c) under Order.XXXVIII, Rule 3 of CPC
(d) under Order XXXVIII, Rule 4 of CPC.
When the defendant fails to furnish the security demanded from him, he can be
detained in prison for a maximum period of
(a) two weeks
(b) six weeks
(c) six moths
(d) two months.
In cases where the amount or value of the subject matter of the suit does not exceed
fifty rupees, the period of detention under Order XXXVIII, Rule 4 of CPC cannot
(a) exceed two weeks
(b) exceed six weeks
(c) exceed two months
(d) exceed three months.
Attachment before judgment can be ordered
(a) under Order XXXVIII, Rule 1 of CPC
(b) under Order XXXVIII, Rule 3 of CPC
(c) under Order XXXVIII, Rule 5 of CPC
(d) under Order XXXVIII, Rule 7 of CPC.
Attachment before judgment can be removed under Order XXXVIII, Rule 9 of
CPC
(a) on dismissal of the suit
(b) on furnishing of security required by the defendant
(c) on (a) and (b) both
(d) only (a) & not (b).
Attachment before judgment, in a suit dismissed in default
(a) revives automatically on the restoration of the suit
(b) does not revive automatically on the restoration of the suit
(c) may or may not revive depending on the facts & circumstances of the case
(d) neither (a) nor (b).
Attachment before judgment under Order XXXVIII, Rule 5 of CPC can be in
respect of
(a) movable property
(b) immovable property
(c) both (a) and (b)
(d) only (b) and not (a).
Attachment of an immovable property can be ordered by
(a) a civil court of competent jurisdiction only
(b) a court of small causes only
(c) both (a) and (b)
(d) neither (a) nor (b).
Which of the following cannot be attached before judgment
(a) agricultural produce
(b) production of agricultural produce
(c) both (a) and (b)
(d) only (b) & not (a).
In which of the following suits attachment before judgment can be ordered
(a) suit for possession of immovable property
(b) suit for partition of immovable property
(c) suit for determination of right or interest in immovable property
(d) suit for compensation for wrong’ to immovable property.
Civil Procedure Code provides for
(a) temporary injunction
(b) permanent injunction
(c) mandatory injunction
(d) all the above.
Temporary injunction can be granted
(a) under Order XXXIX, Rule 1 of CPC
(b) under Order XXXIX, Rule 2 of CPC
(c) under Order XXXIX, Rule 3 of CPC
(d) under Order XXXIX, Rule 4 of CPC.
Injunction to restrain repetition or continuance of breach is provided
(a) under Order XXXIX, Rule 1 of CPC
(b) under Order XXXIX, Rule 2 of CPC
(c) under Order XXXIX, Rule 3 of CPC
(d) under Order XXXIX, Rule 5 of CPC
A temporary injunction can be granted to a party establishing
(a) a primafacie case in his favour
(b) balance of convenience in his favour
(c) irreparable injury to him in the event of non-grant of injunction
(d) all the above
Temporary injunction can be granted
(a) ex parte
(b) only after service of notice to the other party
(c) only after hearing both the parties
(d) all the above.
Consequences of disobedience or breach of injunction have been provided
(a) under Order XXXIX, Rule 2A of CPC
(b) under Order XXXIX, Rule 2 of CPC
(c) under Order XXXIX, Rule 3 of CPC
(d) under Order XXXIX, Rule 5 of CPC.
Under Order XXXIX, Rule 2A, a person guilty of disobedience or breach can be
penalised
(a) attachment of property
(b) detention in civil imprisonment
(c) either (a) or (b) or both ‘
(d) only (a) & not (b).
Period of detention in civil imprisonment under Order XXXIX, Rule 2A of CPC
shall not
(a) exceed six months
(b) exceed three months
(c) exceed two months
(d) exceed one month.
Attachment of property attached shall remain operative under Order XXXIX, Rule
2A of CPC for a period of
(a) three years
(b) two years
(c) one year
(d) six months.
An application for grant of temporary injunction shall be decided, in cases of grant
of ex parte temporary injunction, as provided under Order XXXLX, Rule 3A of CPC,
within
(a) thirty days
(b) forty five days
(c) sixty days
(d) ninety days
Order XXXIX, Rule 4 of CPC provides for
(a) discharge of the order of injunction
(b) setting aside of the order of injunction
(c) variation in the order of injunction
(d) all the above.
Temporary injunction granted after hearing the parties, shall be operative
(a) till the final disposal of the suit
(b) till the settlement framing of issues
(c) till the conclusion of the plaintiff’s evidence
(d) till the completion of pleadings.
Appointment of receiver has been dealt with
(a) under Order XLIV
(b) under Orderi XLII
(c) under Order XL
(d) under Order XLV
Receiver can be appointed for the purposes of
(a) protection of rights of the parties to the suit
(b) prevention of injury to the subject matter of the suit
(c) both (a) and (b)
(d) neither (a) nor (b)
A receiver is an
(a) officer of the court
(b) agent of the plaintiff
(c) agent of the defendant
(d) agent of the parties to the suit
A receiver appointed in respect of any property under Order XL of CPC
(a) has a right to deal with the property, the way he likes generally
(b) has a right to deal with the property only with the leave of the court
(c) has a right to deal with the property without the leave of the court
(d) both (a) & (c).
A receiver can be appointed
(a) during the pendency of proceedings
(b) after the termination of proceedings
(c) both (a) and (b)
(d) either (a) or (b).
Appointment of a receiver
(a) can be claimed as a matter of right
(b) is mandatory
(c) is discretionary
(d) is prohibitory.
A receiver
(a) can be sued generally for acts done in his official capacity by a third party.
(b) cannot be sued at all for acts done in his official capacity by a third party.
(c) can sue and can be sued for acts done in his official capacity by a third party only with the
leave of the court appointing him.
(d) can sue without the leave of the court but cannot be sued without the leave of the court
appointing him.
Which of the following is incorrect
(a) property in the hands of the receiver cannot be attached without the permission of the court
appointing him
(b) receiver can purchase the property in respect of which he has been appointed as receiver
(c) if the receiver fails to account for the gain & loss and loss ensued by his conduct, the loss so
occasioned can be made good by attaching and sale of receivers’ personal property
(d) all the above.
If anyone interferes with the possession of the receiver appointed under Order XL
of CPC, contempt proceedings against such a person can be initiated by
(a) the court
(b) the receiver or a party to the suit
(c) the receiver only
(d) either (a) or (c)
A receiver can be appointed for better custody or management of
(a) movable property
(b) immovable property
(c) both (a) and (b)
(d) only (b) & not (a)
A receiver cannot be appointed
(a) when no harm is going to be caused to any party by such appointment
(b) when the property is in possession of a party to the suit
(c) both (a) & (b)
(d) neither (a) nor (b)
In which of the following suits, a receiver can be appointed
(a) suit for dissolution of partnership
(b) suit for partition of joint family property
(c) suit for foreclosure or sale of a mortgaged property
(d) only (a) & (c).
Notice under section 80 of CPC has to be served on
(a) the Secretary to the Government
(b) the Deputy Commissioner
(c) the President of India
(d) the Prime Minister of India
Notice under section 80 of CPC, when it relates to railways, has to be served on
(a) the Secretary, Railways
(b) the Minister, Railways
(c) the General Manager, Railways
(d) either (a) or (b) or (c).
A suit through ‘next friend’ can be filed by
(a) a minor
(b) a lunatic
(c) both (a) & (b)
(d) only (b) &: not (a)
‘Next friend’ is
(a) a local commissioner
(b) a receiver
(c) a person defending a suit on behalf of the minor
(d) a person filing a suit on behalf of a minor.
‘Guardian at litem’
(a) is a person defending a suit on behalf of a minor
(b) a receiver
(c) a local commissioner
(d) all the above
A suit instituted by a minor or a lunatic without a next friend, under Order XXXII,
Rule 2 of CPC, the same is liable to be
(a) struck of
(b) stayed
(c) proceeded with in ordinary course
(d) proceeded with if the defendant consents.
A person can act as a ‘next friend’ if he is
(a) major
(b) sound mind
(c) not having any interest adverse to that of a minor or lunatic residing in India
(d) fulfilling all the three requirements.
Provisions relating to suit by or against a minor, are contained in
(a) Order XXXIII of CPC
(b) Order XXXII of CPC
(c) Order XXXI of CPC
(d) Order XXXIV of CPC.
On the retirement, removal or death of a ‘next friend’, under Order XXXII, Rule 10
of CPC, the suit is liable to be
(a) stayed
(b) dismissed
(c) rejected
(d) either (a) or (b) or (c).
A person can be appointed as a guardian under Order XXXII, Rule 4 of CPC
(a) on his oral consent
(b) on his consent in writing
(c) either (a) or (b)
(d) neither (a) nor (b).
A ‘next friend’ or guardian, under Order XXXII, Rule 7 of CPC
(a) can enter into an agreement without the leave of the court but cannot compromise a suit
(b) can neither enter into an agreement nor compromise the suit on behalf of the minor without
the leave of the court
(c) cannot enter into an agreement without leave of the court but enter into a compromise
(d) can enter into an agreement and also compromise in a suit on behalf of a minor without the
leave of the court.
An agreement entered into or compromise, on behalf of a minor without the leave of
the court, under Order XXXII, Rule 7 of CPC is
(a) valid
(b) void
(c) voidable against all the parties other than the minor
(d) voidable against all the parties including the minor.
A ‘next friend’ or guardian, of a minor, in a suit
(a) stands discharged automatically on attaining majority
(b) can be discharged if the minor on attaining majority elects to continue with the suit applies
for the discharge
(c) can be discharged if the minor on attaining majority elects to continue with the suit but does
not apply for the discharge of next friend or guardian
(d) all the above.
A ‘next friend’, under Order XXXII, Rule 8 of CPC can retire
(a) without first procuring a fit person to replace him but ‘not without giving security for costs
already incurred
(b) not without first procuring a fit person to replace him and also not without furnishing security
for costs already incurred
(c) not without first procuring a fit person to replace him but without furnishing security for costs
already incurred
(d) without first procuring a fit person to replace him and without furnishing security for cost
already incurred.
Under Order XXXII, Rule 9 of CPC, a ‘next friend’ of a minor can be removed
(a) if he ceases to reside in India during the pendency of the suit
(b) where the interest of next friend becomes adverse to that of the minor
(c) where the next friend does not do his duty
(d) all the above.
Provisions relating to suits by indigent persons are contained in
(a) Order XXXII of CPC
(b) Order XXXIII of CPC
(c) Order XXXIV of CPC
(d) Order XXXV of CPC.
A person is an indigent person within the meaning of Order XXXIII, Rule 1 of CPC,
if he is not possessed of
(a) sufficient means to pay the fee payable on the plaint
(b) any means to pay the fee payable on the plaint
(c) sufficient means for his livelihood
(d) all the above.
Application for permission to sue as a pauper is to be presented by
(a) person himself
(b) an authorised agent
(c) either (a) or (b)
(d) only (a) & not (b)
While determining ‘sufficient means’ of a person
(a) property exempt from attachment in execution of a decree is to be excluded
(b) property exempt from attachment in execution of a decree is not to be excluded
(c) property exempt from attachment in execution of a decree may or may not be excluded
(d) none of the above suits by indigent
A permission to sue as pauper once granted, under Order XXXIII, Rule 9 of CPC
(a) can never be withdrawn
(b) can be withdrawn generally
(c) can be withdrawn under certain circumstances only
(d) either (a) or (b). l
Under Order XXXIII, Rule 9 of CPC, permission to sue as pauper can be withdrawn
(a) if the plaintiff is guilty of vexatious or improper conduct in the course of the suit
(b) if the plaintiff has entered into an agreement with reference to subject-matter of the suit
creating an interest in that person
(c) both (a) & (b)
(d) neither (a) nor (b).
If a plaintiff succeeds in the suit permitted to be instituted as pauper, under Order
XXXIII, Rule 10 of CPC, the fee payable on the plaint shall be recoverable from
(a) the plaintiff
(b) the defendant
(c) any party ordered by the decree to pay the same
(d) only plaintiff & none else.
If a pauper suit abates on the death of the plaintiff, under Order XXXIII, Rule 11A
of CPC, the fee payable on the plaint shall be recoverable from
(a) the defendant
(b) the estate of the deceased plaintiff
(c) the public exchequer
(d) either (a) or (b) or (c).
Rejection of an application for permission to sue as a pauper
(a) bars a fresh application on the same cause of action
(b) does not bar a fresh application as the same cause of action if moved along with amended
schedule of property
(c) does not bar a fresh application on the same cause of action with the leave of the court
(d) does not bar a fresh application ‘at all.
In case the application for permission to sue as pauper is allowed, the suit is deemed
to have been instituted
(a) on the date of presentation of the application for permission to sue as a pauper
(b) on the date on which the permission to sue as pauper granted
(c) either (a) or (b) as directed by the court
(d) only (b) &not (a).
In case the application for permission to sue as pauper is rejected, the suit is deemed
to have been instituted, under Order XXXIII, Rule 15A of CPC
(a) on the date on which the permission to sue as pauper refused
(b) on the date on which the court fee is paid
(c) on the date on which the application for permission to sue as pauper was presented
(d) either (a) or (b) or (c) as directed by the court.
Permission under Order XXXIII of CPC can be granted
(a) to sue
(b) to plead a set-off
(c) to plead a counter-claim
(d) all the above
Summary procedure in relation to suits has been provided
(a) under Order XXXV of CPC
(b) under Order XXXVII of CPC
(c) under Order XXXVIII of CPC
(d) under Order XLIV of CPC.
A suit under Order XXXVII can be filed in
(a) Courts of Small Causes
(b) City Civil Courts
(c) High Courts
(d) all the above.
A suit under Order XXXVII can be filed on the basis of
(a) bills of exchange
(b) hundies
(c) promissory notes
(d) all the above.
A suit under Order XXXVII cannot be filed on the basis of
(a) an enactment
(b) a guarantee t
(c) both (a) and (b)
(d) neither (a) nor (b).
Which of the following can be contemplated as written contracts under Order XXXVII of
CPC
(a) bills invoices
(b) acknowledgment or a signed statement of account
(c) both (a) and (b)
(d) neither (a) nor (b).
An order refusing the leave to defend under Order XXXVII of CPC can be
(a) challenged before the court passing the order
(b) challenged through appeal
(c) challenged through revision
(d) either (a) or (b) or (c).
A decree passed in a suit under Order XXXVII of CPC due to non-applying for
leave to defend may be set aside
(a) under Order IX, Rule 13 of CPC
(b) under Order XXXVII, Rule 4 of CPC
(c) under Order XXXVII, Rule 7 of CPC
(d) either (a) or (b) or (c).
The power under Order XXXVII, Rule 4 of CPC is
(a) confined to setting aside the ex-parte decree
(b) not confined to setting aside the ex-parte decree and extends to staying or setting aside the
execution but not to giving leave to appear and defend the suit
(c) not confined to setting aside the ex-parts decree, and extends to staying or setting aside the
exemption and giving leave to appear and defend the suit
(d) confined to staying or setting aside the exemption.
An ex-parte decree passed under Order XXXVII of CPC can be set aside under
Order XXXVII, Rule 4
(a) under special circumstances
(b) on showing sufficient cause as con-templated under Order IX, Rule 13 of CPC
(c) under general circumstances
(d) either (a) or (b) or (c).
In an application under Order XXXVII, Rule 4 of CPC for setting aside the ex-parte
decree, the defendant has to show
(a) special circumstances which prevented him from appearing or applying for leave to defend
(b) facts which would entitle him to leave to defend
(c) both (a) and (b)
(d) either (a) or (b).
In a suit under Order XXXVII, Rule 2 of CPC the defendant has to put in
appearance within
(a) 10 days of service of summon
(b) 15 days of service of summon
(c) 30 days of service of summon
(d) 60 days of service of summon.
Delay in putting in the appearance in a suit under Order XXXVII
(a) cannot be condoned
(b) can be condoned as a matter of right
(c) can be condoned on sufficient cause being shown
(d) either (a) or (b)
Defendant has to seek leave to defend the suit under Order XXXVII, Rule 3 of CPC
(a) within 60 days of service of summon for judgment
(b) within 30 days of service of summon for judgment
(c) within 10 days of service of summon for judgment
(d) within 7 days of service of summons for judgment.
A leave to defend may be
(a) refused
(b) granted unconditionally
(c) granted conditionally
(d) either (a) or (b) or (c).
The delay in applying for leave to defend
(a) can be condoned generally
(b) can be condoned on a sufficient cause being shown
(c) cannot be condoned under any circumstances
(d) either (a) or (b).
Under Order XXXVII, Rule 3 of CPC the delay upto
(a) 10 days is condonable
(b) 30 days is condonable
(c) 90 days is condonable
(d) no limit has been prescribed.
If a defendant fails to) put in appearance or fails to apply for leave within the
statutory period, the suit is liable to be
(a) stayed
(b) dismissed
(c) decreed
(d) either (a) or (b).
Period of limitation for filing a summary suit IS
(a) 6 months from the date when the debt becomes due & payable
(b) one year from the date when the debt becomes due to payable
(c) two years from the date when the debt becomes due and payable
(d) three years from the date when the debt becomes due and payable.
Right to appeal is
(a) statutory right
(b) natural right
(c) inherent right
(d) all the above.
Right to appeal is to be governed by
(a) the law prevailing at the time of pronouncement of judgment
(b) the law prevailing at the time of institution of the suit
(c) the law prevailing on the date of appeal
(d) the law prevailing on the last day of limitation for filing an appeal.
Right to appeal from every original decree has been provided under
(a) section 94 of CPC
(b) section 95 of CPC
(c) section 96 of CPC
(d) section 100 of CPC.
Under section 96 of CPC, no appeal can be filed
(a) against a compromise decree
(b) against a decree in any suit cognizable by the courts of Small Causes, except on a
question of law
(c) both (a) & (b)
(d) only (a) is correct and (b) is incorrect.
Under section 96, an appeal can be preferred against a decree
(a) by parties to the suit
(b) by strangers/ third parties generally
(c) by the strangers to the suit with the leave of the court
(d) all the above.
An appeal from a decree passed in appeal has been provided
(a) under section 97 of CPC
(b) under section 98 of CPC
(c) under section 99 of CPC
(d) under section 100 of CPC
Under section 100 of CPC, second appeal lies to
(a) the court of the District Judge
(b) the High Court
(c) the Supreme Court
(d) either (a) or (b) or (c).
Second appeal under section 100 of CPC lies
(a) on question of facts
(b) on substantial questions of law
(c) on mixed question of law & fact
(d) all the above.
Provisions relating to appeal from original decree are contained in
(a) Order XL of CPC
(b) Order XLI of CPC
(c) Order XLII of CPC
(d) Order XLVII of CPC.
Under section 100 of CPC, a second appeal can be
(a) partly admitted & partly rejected K
(b) admitted in its entirety
(c) rejected in totality
(d) either (b) or (c).
Which of the following is incorrect
(a) second appeal lies in a suit cognizable by the courts of small causes, when the subject
matter of original suit does not exceed Rs. 3,000
(b) no second appeal lies in a suit cognizable by courts of small cause when the subject
matter of original suit does not exceed Rs.3,000
(c) in second appeal, the High Court may determine any question which has not been
determined or wrongly determined by the courts below (d) both (a) &(b).
Appeals can be preferred against
(a) decree
(b) order
(c) both decree & order
(d) only decree & not order.
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.
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.
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.
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
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.
Review is maintainable
(a) when an appeal is provided, but no appeal preferred
(b) when no appeal is provided
(c) both (a) & (b)
(d) only (a) & not (b)
Grounds for review have been provided under
(a) Order XLVII, Rule 1 of CPC
(b) Order XLII, Rule 1 of CPC
(c) Order XLIII, Rule 1 of CPC
(d) Order XLIV, Rule 1 of CPC.
A judgment can be reviewed on the ground of
(a) discovery of new‘& important evidence, not within the knowledge of the party concerned
(b) mistake of error of fact or law on the face of the record
(c) both (a) 8: (b)
(d) neither (a) nor (b).
Section 115 of CPC provides for
(a) reference
(b) review
(c) revision
(d) appeal to the Supreme Court.
Under section 115 of CPC, the provisional jurisdiction is with
(a) the High Court
(b) the court of the District Judge
(c) the court of small causes
(d) all the above.
Section 115 applies to
(a) exercise of jurisdiction -not vested in a court
(b) non-exercise of jurisdiction vested in a court
(c) irregular exercise of jurisdiction vested in the court
(d) all the above
Remedy of revision is not available
(a) in order from which an appeal lies
(b) in interlocutory order
(c) both (a) & (b)
(d) neither (a) nor (b)
Doctrine of restitution is contained in
(a) section 144 of CPC
(b) section 145 of CPC
(c) section 148 of CPC
(d) section 149 of CPC.
Section 144 of CPC
(a) confers a new substantive right
(b) is exhaustive
(c) is equitable in nature
(d) all the above.
Restitution under section 144 of CPC can be
(a) against a party to the suit
(b) against sureties
(c) both (a) & (b)
(d) neither (a) nor (b).
Right to lodge a caveat has been provided under
(a) section 148 of CPC
(b) section 148A of CPC
(c) section 148B of CPC
(d) section 147 of CPC.
A caveat shall not remain in force after the expiry of
(a) 30 days
(b) 60 days
(c) 90 days
(d) 180 days.
Lodging of caveat under section 148A of CPC
(a) entitles the caveator to receive” notice of the application
(b) makes the caveator a party to the suit
(c) both (a) & (b)
(d) neither (a) nor (b).
Court fee on a plaint can be permitted to be paid on a subsequent date
(a) under section 148 of CPC
(b) under section 149 of CPC
(c) under section 151 of CPC
(d) under section 153 of CPC.
Under section 149 of CPC on payment of court fee on a subsequent date
(a) the document shall have the same effect on if the court fee were paid at the first instance
(b) the document shall not have the same effect on if the court fee were paid at the first instance
(c) the document shall have the effect as directed by the court
(d) either (a) or (b).
Inherent powers of the court are contained in
(a) section 151 of CPC
(b) section 152 of CPC
(c) section 153 of CPC
(d) section 150 of CPC.
Inherent powers under section 151 of CPC are
(a) discretionary in nature
(b) in addition to the power conferred under the other provision of the Code
(c) both (a) & (b)
(d) only (a) & not (b).
Appeal from original decree lies
(a) on question of facts
(b) on question of law
(c) both question of law and question of facts
(d) all the above.
A letter of request under section 77 of CPC, to examine a witness can be issued by
the court
(a) in lieu of issuing a commission
(b) in addition to issuing a commission
(c) either (a) or (b)
(d) neither (a) nor (b).
A letter of request in lieu of issuing a commission to examine a witness, under 77 of
CPC can be issued in respect of a person
(a) residing at any place within India p
(b) not ordinarily residing at any place within India
(c) residing at any place not within India
(d) either (a) or
Where a decree is passed against the Union of India or a State for the act done in the
official capacity of the officer concerned under section 82 of CPC, execution shall not be
issued on any such decree
(a) unless the decree remains unsatisfied for a period of three months from the date of the decree.
(b) unless the decree remains unsatisfied for a period of six months from the date of the decree
(c) unless the decree remains unsatisfied for a period of one year from the date of the decree
(d) unless the decree remains unsatisfied for a period of two years from the date of the decree.
Who amongst the following under section 83 of CPC cannot sue in any court
(a) alien enemy residing in India with the permission of the Central Government
(b) alien enemy residing in a foreign country
(c) alien friend
(d) neither (a) nor (b) nor (c).
Under section 83 of CPC, an alien enemy residing in India without the permission of
the Central Government
(a) can sue in any court only with the permission of the Central Government
(b) can sue in any court with the permission of the State Government of the State where he is
residing
(c) either (a) or (b)
(d) cannot sue in any court at all.
Section 89 of CPC provides for
(a) settlement of dispute outside court
(b) settlement of dispute through court
(c) settlement of dispute through village panchayat
(d) all the above.
Under section 89 of CPC, the ‘court can refer the dispute for settlement outside the
court
(a) if the dispute is of short term
(b) if there exist elements of settlement which may be acceptable to the parties
(c) if the dispute is a petty dispute
(d) all the above.
Where a dispute is referred by the court under section 89 of CPC, for mediation the
proceedings shall be governed by
(a) the provision of the Arbitration and Conciliation Act, 1996
(b) the provision of the Legal Services Authority Act, 1987
(c) either (a) or (b)
(d) neither (a) nor (b)
Where, in any suit in which an arrest or attachment has been effected or a
temporary injunctions granted, the court, under section 95 of CPC can order for
payment of compensation to the defendant against the plaintiff in case
(a) where such arrest, attachment or injunction was applied for on insufficient grounds
(b) where the suit of the plaintiff fails and it appears that there was no reasonable or probable
grounds for instituting the same
(c) either (a) or (b)
(d) only (b) and not (a).
Where an order for compensation against the plaintiff is passed under section 95 of
CPC, section 95(2) of CPC provides that
(a) a suit for compensation in respect of such arrest, attachment or injunction lies
(b) a suit for compensation in respect of such arrest, attachment or injunction is barred
(c) the amount of compensation awarded shall be adjusted in the amount of compensation
awarded in a suit for compensation in respect of such arrest, attachment or injunction V
(d) the amount of compensation awarded shall be of no consequences and the court can award
compensation independently in a suit for compensation in respect of such arrest, attachment
or injunction.
No appeal can be filed, as provided under section 96(4) of CPC, against a decree in
any suit cognizable by the Courts of Small Causes except on a question of law, where
the value of the subject-matter of the original suit does not exceed
(a) Rs. 3,000
(b) Rs. 5,000
(c) Rs. 10,000
(d) Rs. 25,000.
Under Order IV, Rule 1(3) of CPC, a plaint shall not be deemed to be properly
instituted if it does not comply with the rules contained in
(a) Order IV, Rule 1(1) and 1(2) of CPC
(b) Order VI of CPC
(c) Order VII of CPC
(d) either (a) or (b) or (c)
Order V, Rule 9(3) of CPC provides for service of summons to the defendant by
(a) registered post acknowledgement due
(b) speed post
(c) courier services
(d) either (a) or (b) or (c).
Under Order V, Rule 9(3) of CPC, summon to defendant can be served through
(a) courier services
(b) fax messages or electronic mail services
(c) either (a) or (b)
(d) neither (a) nor (b).
Under Order V, Rule 9A of CPC, summons for serving on the defendant, can be
delivered to
(a) the courier services
(b) the plaintiff
(c) the process officer
(d) either (a) or (b) or (c).
Dasti summons for serving on the defendant(s) can be given to the plaintiff by virtue
of
(a) Order V, Rule 9A of CPC
(b) Order V, Rule 9 of CPC
(c) Order V, Rule 7 of CPC
(d) Order V, Rule 6 of CPC.
Summons for serving on defendant(s) can be issued and delivered to the plaintiff
under Order V, Rule 9A of CPC,
(a) in lieu of summons issued and delivered under Order V, Rule 9 of CPC
(b) in addition to the summons issued and delivered under Order V, Rule 9 of CPC
(c) after the summons issued and delivered under Order V, Rule 9 of CPC remained unserved
(d) after the summons issued and delivered under Order V, Rule 9 of CPC has been refused.
Under Order V, Rule 9A of CPC, where the summons has been issued and delivered
to the plaintiff for service on defendant(s) is refused unserved with the endorsement
‘refused’, the court
(a) shall declare that the summons has been duly served on the defendant(s)
(b) may declare that the summons had been duly served on the defendant(s)
(c) re-issue the summons to be served by the court
(d) either (b) or (c).
The provision for substituted service of summons on the defendant(s) has been
made under
(a) Order V, Rule 19 of CPC
(b) Order V, Rule 19A of CPC
(c) Order V, Rule 20 of CPC
(d) Order V, Rule 21 of CPC.
Where the defendant resides out of India the summons shall be addressed and sent
to him under Order V, Rule 25 of CPC,
(a) through post
(b) through any court having jurisdiction in the place where the defendant resides
(c) through the High Court in the place where the defendant resides
(d) either (a) or (b) or (c).
Under Order VI, Rule 17 of CPC, an application for amendment of pleadings can be
allowed
(a) before the commencement of trial
(b) after the commencement of trial
(c) either before or after the commencement of trial
(d) no such condition’ is required.
Under Order VI, Rule’18 of CPC, the time limit, for the purpose of carrying on the
amendment in the pleading, by the order of the court
(a) can be extended upto a maximum period of 14 days from the date of order, if no time is
limited
(b) can be extended upto a maximum period of 30 days from the date of order, if no time is
limited
(c) can be extended without any maximum limit
(d) cannot be extended at all.
Where the court orders for issuance & service of summons on the defendant(s),
under Order VII, Rule 9 of CPC, the plaintiff is required to present the copy(ies) of the
plaint alongwith the requisite fee, within
(a) 7 days of the order
(b) 10 days of the order
(c) 14 days of the order
(d) 15 days of the order.
A private transfer or delivery of the property attached made in pursuance of any
contract for such transfer or delivery entered into an registered before the attachment,
by virtue of section 64(2) of CPC, shall be
(a) void
(b) voidable
(c) valid
(d) invalid.
Where a plaintiff fails to present the required copy/copies of the plaint alongwith
the requisite fee within the prescribed period under Order VII, Rule 9 of CPC from the
date of the order of serving of summons on the defendant, the plaint is liable to be
(a) rejected
(b) dismissed for non-prosecution
(c) dismissed in default
(d) neither (a) nor (b) nor (c)
A defendant is required to file a written statement of his defence within 30 days
from the date of service of summons as provided under
(a) Order V, Rule 1 of CPC
(b) Order VIII, Rule 1 of CPC
(c) Order VIII, Rule 10 of CPC
(d) all the above.
If a defendant fails to file the written statement within 30 days from the date of
service of summons, the court for the reasons to be recorded in writing, can allow him
to file the same, within
(a) 90 days from the date of service of summons
(b) 90 days from the date of expiry of 30 days from the date of service of summons 90 days from
the date of the institution of the suit
d) 30 days from the date of expiry of 30 days from the date of service of summons.
In case of failure of the defendant to file the written statement within 30 days from the
date of service of summons, the court can allow the defendant to file the same at a later date
as prescribed under
a) Order V, Rule 1 of CPC
b) Order VIII, Rule 1 of CPC
c) Order VIII, Rule 10 of CPC
d) all the above.
Under Order VIII, Rule 1A of CPC, if a document is not filed along with the
pleadings, at the hearing of the suit, such document shall not without the leave of the
court, be allowed to be received in evidence
a) on behalf of the plaintiff
b) on behalf of the defendant
c) on behalf of either plaintiff or defendant
d) on behalf of a third party.
Where a defendant has not filed a document documents alongwith the written
statement, under Order VIII, Rule 1A(4) of CPC, the defendant is
a) precluded from producing the same for the cross-examination of plaintiff’s witnesses
b) precluded from handing over the same to the witness to refresh his memory
c) both (a) and (b)
d) neither (a) nor (b).
Subsequent to the filing of written statement, under Order VIII, Rule 9 of CPC, the
defendant
a) can file the pleadings by way of defence of set-off or counter-claim without the leave of the
court
b) can file the pleadings by way of defence of set-off or counter—claim only with the leave of
the court
c) cannot file any pleadings by way of defence of set-off or counter~claim at all
d) only (c) and not (a) or (b).
When the court requires a written statement or additional written statement from
any of the parties, under Order VIII, Rule 9 of CPC, the same can be presented within
a) 30 days from the date of the order
b) 15 days from the date of the order
c) 14 days fro.n the date of the order
d) 7 days from the date of the order.
Where the plaintiff fails to pay the court-fee or postal charges or to present the
copies of the plaint, for service of summons to the defendant, but the defendant appears
in person, the suit of the plaintiff is liable to be
(a) rejected under Order VII, Rule 11 of CPC
(b) dismissed for non-prosecution under Order IX, Rule 2 of CPC
(c) dismissed in default under Order IX, Rule
(d) either (a) or (b) or (c).
A fresh suit on the same cause of action is not barred when
(a) rejected under Order VII, Rule ll of CPC
(b) dismissed under Order IX, Rule 2 of CPC
(c) dismissed under Order IX, Rule 3 of CPC
(d) either (a) or (b) or (c).
A plea of ‘demurrer’ means that
(a) the suit is barred by law for the time being in force under Order VII, Rule l1(d) of CPC
(b) the suit is barred, the plaint being not supported by the affidavit as required under Order
VI/Rule l5 of CPC
(c) the plaint does not disclose any cause of action
(d) the plaint has not been signed and verified by a competent person.
Where a summons to the defendant(s) is returned unserved, under Order IX, Rule 5
of CPC, the plaintiff has to apply for issuance of fresh summons to the defendant(s)
within
(a) 14 days of the return
(b) 7 days of the return
(c) one month of the return
(d) 15 days of the return.
Where the summons to the defendant(s) is returned unserved and the plaintiff fails
to apply for issuance of fresh summons to the defendant within 7 days of the return, the
suit of the plaintiff is liable to be
(a) rejected under Order VII, Rule 11 of CPC
(b) dismissed under Order IX, Rule 2 of CPC
(c) dismissed under Order IX, Rule 5 of CPC
(d) either (a) or (b) or (c).
Where a suit of the plaintiff is dismissed under Order IX, Rule 5 of CPC, a fresh
suit on the same cause of action is
(a) barred under Order IX, Rule 9 of CPC
(b) not barred under Order IX, Rule 9 of CPC
(c) barred under Order IX, Rule 5(2) of CPC
(d) not barred under Order IX, Rule 5 of CPC.
Under Order X, Rule 1A of CPC, the court can direct the parties to opt for any one
mode of alternate dispute resolution
(a) at any stage of the proceedings
(b) after recording the admissions and denials
(c) before recording the admissions and denials
(d) immediately on filing of the written statement by the defendant(s).
A party can be called upon, to admit any document, by notice as provided under
(a) Order XII, Rule 2 of CPC
(b) Order XII, Rule 1 of CPC
(c) Order XII, Rule 4 of CPC
(d) Order XII, Rule 3 of CPC.
Under Order XII, Rule 2 of CPC, a notice to admit any document can be given by
(a) plaintiff to the defendant
(b) defendant to the plaintiff
(c) either party to the other party
(d) only (a) and not (b) or (c).
The time to be given to a party to admit any document, when called upon by the
other party by notice, under Order XII, Rule 2 of CPC, is
(a) 15 days from the date of service of notice
(b) 7 days from the date of service of notice
(c) 10 days from the date of service of notice
(d) 30 days from the date of service of notice.
Any party to the suit, for the purposes of the suit only, under Order XII, Rule 4 of
CPC
(a) can be called upon by the other party to admit facts
(b) can be called upon by the other party to admit any document
(c) can be called upon by the other party to produce the documents
(d) neither (a) or (b) or (c).
When a party is called upon by notice to admit fact(s) by the other party, under
Order XII, Rule 4 of CPC, the party on whom the notice has been served has to admit
the facts within
(a) 15 days of the service of notice
(b) 9 days of the service of notice
(c) 7 days of the service of notice
(d) 6 days of the service of notice
Admission of fact(s) once made under Order XII, Rule 4 of CPC, can be allowed to
be
(a) amended
(b) withdrawn
(c) either (a) or (b)
(d) neither (a) nor (b).
Order XII, Rule 8 of CPC pertains to
(a) notice to admit document(s)
(b) notice to admit fact(s)
(c) notice to produce document(s)
(d) both (a) and
Under Order XIII, Rule 1 of CPC,
(a) that documentary evidence in original shall be admitted the copies of which have been
filed alongwith the plaint or the written statement
(b) that documentary evidence in original shall be admitted the copies of which may not have
been filed alongwith the plaint or the written statement
(c) that documentary evidence in original shall be admitted which was in possession of the
parties through the copies of the same may not have been filed alongwith the plaint or the
written statement
(d) all the above.
Documents which are not admitted in evidence under Order XIII, Rule 7 of CPC, shall
a) form part of the record not form part of the record and shall be
b) returned to the party in whose name the same stand
c) not form part of the record and shall be returned to the person(s) producing them
d) either (b) or (c). V
The expenses of a witness for whom the summons have to be obtained, is to be,
under Order XVI, Rule 2 of CPC, borne
(a) by the plaintiff
(b) by the defendant
(c) by the party applying for the summons
(d) by the court
Order XVII, Rule 1 of CPC restricts the number of adjournment to be granted to a
party to
(a) five
(b) four
(c) three
(d) two
The court under Order XVII, Rule 1(2) of CPC, while granting adjournment can
impose a cost
(a) occasioned by the adjournment
(b) higher than the one occasioned by the adjournment
(c) either (a) or (b)
(d) only (a) and not (b).
Order XVIII, Rule 2(3A) of CPC authorises a party to file
(a) written arguments before the conclusion of the oral arguments
(b) written arguments after the conclusion of the oral arguments
(c) written arguments either before or after the conclusion of the oral argument
(d) written arguments only without any oral arguments.
The propositions are: Under Order XVIII, Rule2of CPC
I. Written arguments can be filed before the conclusion of oral arguments
II. A copy of the written arguments shall be punished simultaneously to the other
party
III. Adjournment shall be granted generally for the purpose of filing the written
arguments
IV. the Court cannot fix any time-limit for oral arguments
Which of the following is correct in respect of the aforesaid propositions:
(a) I & III are correct, II & IV are incorrect
(b) I & II are correct, III & IV are incorrect
(c) I 8: IV are correct, II & III are incorrect
(d) III & IV are correct, I & II are incorrect.
Under Order XVIII, Rule 4(1) of CPC, the” Examination-in-Chief of a witness shall
be
(a) recorded by the Judge
(b) recorded by the Commissioner appointed by the Court
(c) on affidavit
(d) either (a) or (b) or (c).
The proof and admissibility of the documents which are filed along with the
affidavit, under Order XVIII, Rule 4(1) of CPC shall
(a) be subjected to the agreement between the parties
(b) be subjected to the orders of the court
(c) stand established
(d) be conclusive.
The cross-examination of a witness in attendance whose Examination-in-Chief has
been furnished by affidavit, under Order XVIII, Rule 4(2) of CPC shall be taken
(a) by the court
(b) by the Commissioner appointed by the court
(c) either (a) or (b)
(d) only (a) and not (b).
Under Order XVIII, Rule 4(4) of CPC, the objection raised during the recording of
evidence by the Commissioner
(a) shall be recorded by him and decided by him
(b) shall be recorded by him and decided by the court at the stage of arguments
(c) shall be recorded by him and referred to the court immediately for deciding further with the
recording of evidence
(d) shall be recorded by him and decided by him in consultation with the court.
The Commissioner appointed for the purposes of recording evidence (crossexamination)
is obliged to submit his report to the court appointing the commission
within
(a) 15 days from the date of issue of the commission
(b) 30 days from the date of issue of the commission
(c) 60 days from the date of issue of the commission
(d) 90 days from the date of issue of the commission.
The Commissioner appointed under Order XVIII of CPC for recording of evidence,
is not empowered to record
(a) re-examination of a witness
(b) decide objections raised during the recording of evidence
(c) both (a) and (b)
(d) neither (a) nor (b).
Under Order XVIII of CPC, a Commissioner cannot be appointed to record
(a) cross-examination of a witness
(b) re-examination of a witness
(c) both (a) and (b)
(d) neither (a) nor (b).
Order XXVI, Rule 4A of CPC, empowers the court to issue commission in a suit, for
examination of a person
(a) resident within the local limits of its jurisdiction
(b) residents beyond the local limits of its jurisdiction
(c) who is about to leave the local limits of its jurisdiction
(d) either (a) or (b) or (c).
For the examination of a person who is a resident within the local limits of
jurisdiction of a court, commission
(a) can be issued under Order XXVI, Rule 4 of CPC
(b) can be issued under Order XXVI, Rule 4A of CPC
(c) can be issued under either (a) or (b)
(d) cannot be issued under either (a) or (b).
Under Order XX, Rule 5 of CPC, the court shall state its finding or decision
(a) only on the issues of law
(b) only on the issues of facts
(c) on each separate issue
(d) only on the issues mixed of law and facts.
Order VI Rule 15 of CPC requires that
(a) the verification of the pleadings shall be signed by the person making it
(b) the person verifying the pleadings shall also file an affidavit in support of the verification
(c) either (a) or (b)
(d) both (a) and (b).
Supreme Court in which among the following cases observed that CPC Amendment
Acts of 1999 and 2002 are constitutionally valid?
(a) Salem Advocate Bar Association, Tamil Nada v. Union of India
(b) Delhi High Court Bar Association v. Union of India
(c) Allahabad High Court Bar Association v. Union of India
(d) Punjab & Haryana High Court Bar Association v. Union of India.
Recording of evidence can be done with the help of electronic media, audio or audio
visual”, which was affirmed by the Supreme Court in case of Salem Advocate Bar
Association, Tamil Nadu v. Union of India pertains to the year
(a) 2001
(b) 2002
(c) 2003
(d) 2004.
Non-joinder of parties is mixed question of law and fact and cannot be raised for
first time in
(a) execution proceedings
(b) special proceedings
(c) suit
(d) none of the above.
Under section clerical and arithmetical mistakes in judgments can be rectified
(a) 152 CPC
(b) 150 CPC
(c) 153 CPC
(d) 153A CPC
Under amendment of preliminary decree to incorporate interest portion in
judgment of trial court not justified
(a) Order 6 Rule 17 CPC
(b) Order 7 Rule 12 CPC
(c) Order 8 Rule 13 CPC
(d) Order 20 Rule 1 CPC
Under section 152 CPC mistakes can be corrected in
(a) judgments
(b) decrees
(c) orders
(d) all of the above.
The language of the judgment should be sober, “temperate and clear. Use of
abbreviation or code words should be
(a) used
(b) conditionally used
(c) strictly avoided
(d) necessary.
Section 152 CPC empowers the court to correct
(a) clerical or arithmetical mistakes
(b) accidental slips or omissions
(c) any defect or error in proceedings
(d) only (a) and (b).
The power under section 152 CPC can be exercised
a) on the application moved by any party
b) suo motu
c) either (a) or (b)
d) only (a) and not (b).
The provisions of Order 2 Rule 2 CPC are not applicable to a suit for sale in
enforcement of the mortgage, in view of
a) Order 34 Rule 14 CPC
b) Order 38 Rule 5 CPC
c) Order 2 Rule 6 CPC
d) Order 2 Rule 4 CPC.
Under ………………. .. redemption of mortgage can be sought by any one of the legal
representatives after death of mortgagor
(a) Order 34 Rule 1 CPC
(b) Order 33 Rule 1 CPC
(c) Order 32 Rule 1‘CPC
(d) Order 31 Rule 1 CPC.
Under …………….. .. in case of minors, being not represented by any guardian ad
litem order passed in proceedings, would be void and illegal
(a) Order 32 Rule 1
(b) Order 39 Rule 1
(c) Order 40 Rule 1
(d) Order 36 Rule 1
Under …………………. .. party to the suit has to prove that inspite of due diligence he
could not have raised the matter before the commencement of trial an
(a) Order 6 Rule 17
(b) Order 5 Rule 15
(c) Order 6 Rule 16
(d) Order 11 Rule 12.
Under …………………… .. suit by indigent person shall be deemed to be instituted on
the date on which the application for permission to sue as an indigent person is filed all
(a) Rules 8 and 15A of Order 33
(b) Rules 7 and 15A of Order 33
(c) Rules 6 and 15A of Order 33
(d) Rules 5 and 15A of Order 33.
General power diamond any error or defect in any proceedings in a suit vests in the
court by virtue of at
(a) section 152 CPC
(b) section 153 CPC
(c) section 153A CPC
(d) (d) section 153B CPC
If suit filed for injunction restrains from interfering with peaceful possession of
property and amendment sought at the stage of cross-examination is contradictory with
original pleadings, it would nullify advantage already accrued to plaintiff and prayer
for amendment of written statement
(a) can be allowed
(b) cannot be allowed
(c) can be allowed after cross-examination
(d) can be allowed before cross-examination.
Jurisdiction of High Court under section 100 of CPC is to entertain a second appeal
which
(a) involves a substantial question of law
(b) involves simple question of law not necessarily substantial
(c) involves a question of fact
(d) involves any of the above
In which of the following cases the Supreme Court held that “Non-payment of costs
does not entail dismissal of suit.”
(a) Saman v. State, AIR 2010 SC 518
(b) Manohnr Singh v. D.S. Sharma, AIR 2010 SC 508
(c) Union of India v. Deepak Kamar, AIR 2010 SC 462
(d) State of Maharashtra v. Prakas Prahallad Patil, AIR 2010 SC 463.
In which case the Supreme Court held that section 100A of CPC which is
substituted by CPC Amendment Act, 2002 will not have retrospective effect even
though it brings within its fold those appeals preferred prior to coming into force of the
said Amendment Act.
(a) M. George v. State of Kerala, AIR 2007 SC 1034
(b) Jagjit Singh v. State of Haryana, AIR 2007 SC 59
(c) Meetu v. State of Punjab, AIR 2007 SC 758
(d) Kamla Devi v. Khushal Kanwar, AIR 2007 SC 663.
Amendment of plaint cannot be allowed after trial has commenced
(a) except in exceptional cases
(b) under any circumstances
(c) if the valuation of the suit is less than Rs. 584. Under which provision of CPC the court has
1000
(d) if the suit calls for special procedure.
Civil Suit for administration of assets belonging to living debtor
(a) is maintainable
(b) is not maintainable
(c) is maintainable at the option of co-sharers
(d) is maintainable at the option of court.
Where a mortgagee obtains a decree for payment of money in satisfaction of claim
arising under the mortgage
(a) he is entitled to bring the mortgage property to sale without instituting a suit for sale in
enforcement of the mortgage under Order 34 Rule 14 CPC
(b) he is entitled to bring the mortgage property to sale only by instituting a suit for sale in
enforcement of the mortgage under Order 34 Rule 14 CPC
(c) he is entitled to bring the mortgage property to sale in execution proceedings
(d) either (a) or (c).
A decree may be executed by
(a) Tehsildar
(b) Collector
(c) District Judge
(d) either by the court which passed it or to which it is sent.
A person may sue a foreign State
(a) with the consent of the State Government
(b) only with the consent of the Central Government
(c) with the consent of the Central or State Government
(d) with the consent of the President of India.
Under which provision of CPC the court has jurisdiction to reject the plaint, which”
does not disclose a cause of action or where there is suppression of material fact.
(a) Order 7 Rule 1
(b) Order 8 Rule 1
(c) Order 7 Rule 1
(d) Order 5 Rule 1
Any order or decree obtained by practicing fraud is
(a) subject to review
(b) valid
(c) voidable
(d) nullity
Decree means
(a) formal expression of an adjudication
(b) informal expression of an adjudication
(c) formal expression of an adjudication but shall not include any adjudication from which an
appeal lies as an appeal from an order
(d) all of the above
A decree can be
(a) preliminary
(b) final
(c) either preliminary or final
(d) only final and not preliminary.
In which of the following cases it was held that “The second appeal is permissible
only if finding is perverse”
(a) Dinesh Kumar v. Yusuf Ali, AIR 2010 SC 2679
(b) State v. M.L. Keshari, AIR 2010 5C 2587
(c) Bimlesh v. New India Assurance C0. Ltd., AIR 2010 SC 2591
(d) Dasmth v. State of Madhya Pradesh, AIR 2010 SC 2592.

ANSWERS
THE CODE OF CIVIL PROCEDURE, 1908
1 (b) 40 (d) 79 (d) 118 (c) 157 (b)
2 (c) 41 (a) 80 (a) 119 (a) 158 (b)
3 (c) 42 (b) 81 (c) 120 (b) 159 (a)
4 (d) 43 (d) 82 (b) 121 (b) 160 (b)
5 (a) 44 (c) 83 (a) 122 (b) 161 (d)
6 (c) 45 (b) 84 (c) 123 (a) 162 (a)
7 (a) 46 (c) 85 (d) 124 (b) 163 (b)
8 (b) 47 (c) 86 (a) 125 (b) 164 (a)
9 (a) 48 (c) 87 (d) 126 (a) 165 (b)
10 (c) 49 (a) 88 (c) 127 (a) 166 (b)
11 (b) 50 (c) 89 (a) 128 (b) 167 (a)
12 (c) 51 (b) 90 (b) 129 (c) 168 (c)
13 (c) 52 (b) 91 (a) 130 (a) 169 (a)
14 (d) 53 (c) 92 (d) 131 (b) 170 (c)
15 (d) 54 (a) 93 (b) 132 (c) 171 (d)
16 (d) 55 (d) 94 (c) 133 (a) 172 (d)
17 (a) 56 (b) 95 (a) 134 (c) 173 (a)
18 (b) 57 (c) 96 (b) 135 (a) 174 (d)
19 (c) 58 (b) 97 (d) 136 (c) 175 (a)
20 (d) 59 (b) 98 (a) 137 (a) 176 (b)
21 (c) 60 (a) 99 (a) 138 (a) 177 (c)
22 (d) 61 (a) 100 (b) 139 (c) 178 (b)
23 (b) 62 (d) 101 (a) 140 (d) 179 (d)
24 (d) 63 (a) 102 (c) 141 (b) 180 (b)
25 (d) 64 (c) 103 (a) 142 (c) 181 (c)
26 (c) 65 (b) 104 (b) 143 (d) 182 (c)
27 (a) 66 (c) 105 (d) 144 (b) 183 (d)
28 (c) 67 (d) 106 (b) 145 (d) 184 (a)
29 (a) 68 (c) 107 (a) 146 (b) 185 (d)
30 (d) 69 (c) 108 (a) 147 (a) 186 (c)
31 (b) 70 (d) 109 (c) 148 (a) 187 (a)
32 (a) 71 (d) 110 (c) 149 (d) 188 (b)
33 (b) 72 (b) 111 (d) 150 (d) 189 (c)
34 (c) 73 (a) 112 (a) 151 (a) 190 (a)
35 (c) 74 (d) 113 (b) 152 (d) 191 (b)
36 (c) 75 (b) 114 (a) 153 (a) 192 (d)
37 (c) 76 (c) 115 (b) 154 (a) 193 (b)
38 (a) 77 (a) 116 (c) 155 (c) 194 (a)
39 (a) 78 (c) 117 (c) 156 (a) 195 (d)
196 (b) 243 (a) 290 (a) 337 (b) 384 (b)
197 (b) 244 (c) 291 (c) 338 (b) 385 (c)
198 (c) 245 (b) 292 (a) 339 (c) 386 (c)
199 (d) 246 (a) 293 (b) 340 (a) 387 (b)
200 (d) 247 (d) 294 (a) 341 (a) 388 (c)
201 (a) 248 (c) 295 (d) 342 (b) 389 (a)
202 (b) 249 (b) 296 (c) 343 (a) 390 (c)
203 (b) 250 (c) 297 (a) 344 (a) 391 (d)
204 (b) 251 (c) 298 (c) 345 (d) 392 (a)
205 (b) 252 (b) 299 (a) 346 (b) 393 (a)
206 (a) 253 (b) 300 (c) 347 (c) 394 (b)
207 (d) 254 (a) 301 (c) 348 (d) 395 (d)
208 (d) 255 (d) 302 (c) 349 (d) 396 (a)
209 (c) 256 (c) 303 (a) 350 (a) 397 (a)
210 (a) 257 (c) 304 (d) 351 (c) 398 (c)
211 (b) 258 (a) 305 (c) 352 (b) 399 (b)
212 (a) 259 (b) 306 (b) 353 (a) 400 (c)
213 (c) 260 (a) 307 (d) 354 (d) 401 (a)
214 (d) 261 (b) 308 (b) 355 (a) 402 (d)
215 (b) 262 (d) 309 (d) 356 (b) 403 (a)
216 (c) 263 (d) 310 (a) 357 (c) 404 (c)
217 (d) 264 (b) 311 (b) 358 (a) 405 (c)
218 (c) 265 (b) 312 (d) 359 (c) 406 (a)
219 (a) 266 (d) 313 (b) 360 (c) 407 (b)
220 (b) 267 (b) 314 (d) 361 (d) 408 (a)
221 (c) 268 (a) 315 (c) 362 (a) 409 (c)
222 (a) 269 (b) 316 (a) 363 (d) 410 (c)
223 (d) 270 (b) 317 (c) 364 (c) 411 (b)
224 (b) 271 (a) 318 (d) 365 (a) 412 (b)
225 (d) 272 (c) 319 (b) 366 (d) 413 (c)
226 (c) 273 (a) 320 (a) 367 (d) 414 (c)
227 (b) 274 (d) 321 (b) 368 (b) 415 (d)
228 (b) 275 (b) 322 (c) 369 (a) 416 (a)
229 (c) 276 (c) 323 (d) 370 (d) 417 (c)
230 (c) 277 (d) 324 (a) 371 (b) 418 (c)
231 (d) 278 (b) 325 (d) 372 (a) 419 (d)
232 (c) 279 (d) 326 (a) 373 (c) 420 (a)
233 (b) 280 (a) 327 (c) 374 (a) 421 (a)
234 (b) 281 (c) 328 (a) 375 (b) 422 (d)
235 (c) 282 (b) 329 (b) 376 (a) 423 (b)
236 (a) 283 (a) 330 (a) 377 (c) 424 (a)
237 (b) 284 (d) 331 (b) 378 (d) 425 (b)
238 (a) 285 (d) 332 (b) 379 (b) 426 (b)
239 (a) 286 (d) 333 (d) 380 (d) 427 (c)
240 (b) 287 (d) 334 (a) 381 (d) 428 (b)
241 (c) 288 (b) 335 (d) 382 (b) 429 (b)
242 (b) 289 (b) 336 (c) 383 (c) 430 (d)
431 (b) 463 (c) 495 (d) 527 (a) 559 (d)
432 (a) 464 (c) 496 (a) 528 (a) 560 (a)
433 (c) 465 (a) 497 (c) 529 (d) 561 (c)
434 (a) 466 (d) 498 (a) 530 (c) 562 (a)
435 (c) 467 (b) 499 (b) 531 (b) 563 (a)
436 (c) 468 (b) 500 (d) 532 (c) 564 (a)
437 (c) 469 (b) 501 (a) 533 (d) 565 (d)
438 (b) 470 (d) 502 (b) 534 (b) 566 (c)
439 (a) 471 (a) 503 (d) 535 (a) 567 (d)
440 (a) 472 (c) 504 (c) 536 (c) 568 (c)
441 (c) 473 (c) 505 (b) 537 (b) 569 (a)
442 (d) 474 (b) 506 (c) 538 (a) 570 (a)
443 (b) 475 (b) 507 (a) 539 (d) 571 (a)
444 (d) 476 (b) 508 (d) 540 (d) 572 (a)
445 (d) 477 (a) 509 (c) 541 (c) 573 (a)
446 (c) 478 (c) 510 (b) 542 (a) 574 v
447 (c) 479 (a) 511 (a) 543 (c) 575 v
448 (b) 480 (c) 512 (b) 544 (c) 576 (a)
449 (b) 481 (c) 513 (c) 545 (c) 577 v
450 (c) 482 (a) 514 (c) 546 (c) 578 (d)
451 (a) 483 (d) 515 (a) 547 (a) 579 (a)
452 (c) 484 (c) 516 (a) 548 (b) 580 (b)
453 (a) 485 (a) 517 (a) 549 (c) 581 (b)
454 (c) 486 (c) 518 (a) 550 (b) 582 (d)
455 (c) 487 (a) 519 (c) 551 (c) 583 (b)
456 (d) 488 (b) 520 (a) 552 (b) 584 (a)
457 (b) 489 (c) 521 (c) 553 (c) 585 (d)
458 (d) 490 (a) 522 (a) 554 (b) 586 (c)
459 (c) 491 (b) 523 (c) 555 (d) 587 (c)
460 (d) 492 (a) 524 (b) 556 (a) 588 (a)
461 (a) 493 (a) 525 (b) 557 (a)
462 (b) 494 (c) 526 (c) 558 (c)

Law Question Papers

Objective sample questions on The Code of Civil Procedure, 1908 [1st Set]

2 Jun 2018 Advocatetanmoy

Unsolved

Under the provisions of Civil Procedure Code plea of adverse possession is a defence available
(a) only to plaintiff against defendant
(b) only to defendant against plaintiff
(c) both plaintiff and defendant
(d) only to movable property.
The reappreciation of evidence in second appeal
(a) is subject to review
(b) is permissible
(c) is not permissible
(d) is an admitted fact.
Sweeping change introduced by Civil Procedure Code (Amendment) Act, 2002 is with the object to
(a) give more power to Civil Courts
(b) reduce the power of Civil Courts
(c) cut short delay in disposal of suit
(d) make provisions stringent.
Preliminary decree can be passed in a suit
(a) for partition
(b) of partnership
(c) for possession and mesne profits
(d) all the above.
Preliminary decree is one
(a) which determines the rights of the parties with regard to some or one of the matters in controversy in the suit but does not finally dispose of the suit
(b) which determines the rights of the parties with regard to some or one of the matters in controversy in the suit, which may have the effect of final disposal of the suit
(c) both (a) & (b)
(d) neither (a) nor (b).
A decree becomes final
(a) when it conclusively determines the rights of the parties
(b) when no appeal has been preferred against the decree
(c) both (a) & (b)
(d) neither (a) nor (b).
Which of the following is not a decree
(a) dismissal in default
(b) rejection of a plaint
(c) both (a) & (b)
(d) neither (a) nor (b).
Order has been defined as a formal expression of any decision of a civil court which is not a decree, under
(a) section 2(1) of CPC
(b) section 2(14) of CPC
(c) section 2(9) of CPC
(d) section 2(16) of CPC.
A decree holder has been defined as a person in whose favour a decree has been passed or an order capable of execution has been made, under
(a) section 2(3) of CPC
(b) section 2(13) of CPC
(c) section 2(4) of CPC
(d) section 2(16) of CPC.
A decree holder
(a) need not be a party to the suit
(b) the term is not confined to plaintiff
(c) both (a) & (b)
(d) neither (a) nor (b).
Foreign court under section 2(5) of means
(a) a court situated outside India
(b) a court situated outside India and not established under the authority of Government of India
(c) a court situated in India applying foreign law
(d) all the above.
Judgment under section 2(9) means
(a) a decree
(b) dismissal of an appeal summarily
(c) statement of grounds of an order or decree
(d) all the above.
Legal representative under section 2(11) of CPC means a person who is a
(a) Relative of parties to the suit
(b) co-sharer of the benefits assuming to parties to the suit
(c) who in law represents the estate of the deceased
(d) all the above.
‘A’ dies leaving behind a son X & a married daughter Y, a suit filed by ‘A’, after his death, can be continued by
(a) ‘X’ alone as legal representative
(b) ‘Y’ alone as legal representative
(c) ‘X’, ‘Y’ and the husband of Y as legal representatives
(d) ‘X’ and ‘Y’ both, as legal representatives.
A judgment contains
(a) concise statement of the case
(b) the points for determination
(c) the decision on the points of determina¬tions & the reason thereof
(d) all the above.
Who amongst the following is not a legal representative
(a) a trespasser
(b) an intermeddler
(c) a creditor
(d) both (a) & (c).
‘Mesne profits’ as defined under section 2(12) means
(a) those profits which the person in wrongful possession of such property actually received or might have received together with interest
(b) those profits which the person in wrongful possession of property actually received including profits due to improvements made by such person
(c) those profits which the person in wrongful possession of such property actually received or might have received but without any interest on such profits
(d) those profits which the person in wrongful possession of such property actually received.
Foreign judgment as defined under section 2(6) of CPC means
(a) judgment given by an Indian Court in respect of foreigners
(b) judgment given by a foreign court
(c) both (a) & (b)
(d) neither (a) nor (b).
Who amongst the following is not a ‘public officer’ within the meaning of section 2(17) of CPC
(a) a Judge
(b) a person in service under the pay of Government
(c) Sarpanch of a Gram Panchayat
(d) none of the above.
Basis of distribution of the jurisdiction of Indian Courts is
(a) pecuniary jurisdiction
(b) territorial jurisdiction
(c) subject-matter jurisdiction
(d) all the above.
Court of small causes, under section 3 of CPC is subordinate to
(a) District Court
(b) High Court
(c) both (a) & (b)
(d) neither (a) nor (b).
Pecuniary jurisdiction of the court has been dealt with in
(a) section 3 of CPC
(b) section 4 of CPC
(c) section 5 of CPC
(d) section 6 of CPC.
Courts have jurisdiction to try all suits of a civil nature excepting suits, the cognizance of which is either expressly or impliedly barred, by virtue of
(a) section 8 of CPC
(b) section 9 of CPC
(c) section 10 of CPC
(d) section 11 of CPC.
Which of the following is a right of civil nature
(a) right to worship in a temple
(b) right to share in offerings in a temple
(c) right to take out procession
(d) all the above.
Which of the following is not a right of civil nature
(a) caste & religion
(b) right to services which are honorary and gratuitous
(c) brij jijmam rights
(d) both (a) & (b).
Jurisdiction of civil court can be barred
(a) expressly only
(b) impliedly only
(c) either expressly or impliedly
(d) neither expressly nor impliedly.
Principle of res-subjudice is contained in
(a) section 10 of CPC
(b) section 11 of CPC
(c) section 13 of CPC
(d) section 14 of CPC.
Dhulabhai etc. v. State of Madhya Pradesh and another, AIR 1969 SC 78, lays down certain principles regarding the exclusion of jurisdiction of civil courts. Which of the following is not a principle laid down:
(a) where a statute gives a finality to the orders of the special tribunals, the civil courts jurisdiction must be held to be excluded if there is adequate remedy to do what the civil court would normally do in a suit
(b) where there is an express bar of jurisdiction of the court, an examination of the scheme of the particular Act to find out the adequacy or sufficiency of the remedies provided may be relevant but is not decisive to sustain the jurisdiction of the civil court
(c) questions as to the correctness of the assessment apart from its constitutionality are the decisions of the authorities and a civil suit lies even if the orders of the authorities are declared to be final
(d) none of the above.
Under section 10 of CPC, a suit is liable to be
(a) stayed
(b) dismissed
(c) rejected
(d) either (a) or (b) or (c).
For the application of the principle of res- subjudice, which of the following is essential
(a) suits between the same parties or litigating under the same title
(b) the two suits must be pending disposal in a court
(c) the matters in issue in the two suits must be directly and substantially the same
(d) all the above.
Section 10 of CPC does not apply
(a) when the previous suit is pending in the same court
(b) when the previous suit is pending in a foreign court
(c) when the previous suit is pending in any other court in India
(d) when the previous suit is pending in a court outside India established or contained by the Central Government.
Under the principle of res-subjudice
(a) the second suit has to be stayed
(b) the previous suit has to be stayed
(c) either (a) or (b) depending on the facts & circumstances of the case
(d) either (a) or (b) depending on the valuation of the suit for the purposes of jurisdiction.
Provisions of section 10 of CPC are
(a) directory
(b) mandatory
(c) non mandatory
(d) discretionary.
Section 10 can come into operation
(a) before filing of written statement inthe subsequent suit
(b) before settlement of issues in subsequent suit
(c) after settlement of issues in subsequent suit
(d)all the above.
Doctrine of res-judicata as contained in section 11 of CPC is based on the maxim
(a) Nemo debet bis vexari pro uno eteadem causa
(b) interest republicae ut sit finis litium
(c) both (a) & (b)
(d) either (a) or (b).
Principle of res-judicata applies
(a) between co-defendants
(b) between co-plaintiffs
(c) both (a) & (b)
(d) neither (a) nor (b).
Which of the following is not true of res- judicata
(a) it can be invoked in a separate subsequent proceedings
(b) it can be invoked at a subsequent stage in the same proceedings
(c) it can not be invoked at a subsequent stage in the same proceedings but only in a separate subsequent proceedings
(d) both (b) & (c).
As regards res-judicata, it has been stated that the right of an individual is to be protected from multiplication of suits and prosecution at the instance of an opponent whose superior resources & power unless curbed, may render futile judicially declared right and innocence, by
(a) Spences Bower
(b) Lord Denning
(c) Salmond
(d) Black Stone.
Res-judicata applies
(a) when the matter in former suit is directly & substantially in issue
(b) when the matter in former suit is collaterally & incidentally in issue
(c) both (a) & (b)
(d) neither (a) nor (b).
Res-judicata applies
(a) when the matter is directly & substantially in issue in two suits and should have been decided on merits
(b) when the prior suit is between the same parties or persons claiming under them and litigating under the same title
(c) when the court which determined the earlier suit is competent to try the subsequent suit wherein the issue is subsequently raised
(d) when all (a), (b) & (c) combine.
Plea of res-judicata
(a) has to be specifically raised
(b) need not be specifically raised
(c) is for the court to see of its own
(d) neither (a) nor (b) but only (c).
Constructive res-judicata is contained in
(a) explanation III to section 11
(b) explanation IV to section 11
(c) explanation VI to section 11
(d) explanation VII to section 11.
Principle of res-judicata applies
(a) to suits only
(b) to execution proceedings
(c) to arbitration proceedings
(d) to suits as well as execution proceedings.
A decision on issue of law
(a) shall always operate as res-judicata
(b) shall never operate as res-judicata
(c) may or may not operate as res-judicata
(d) either (a) or (b).
A decision on an issue of law operates as res- judicata
(a) if the cause of action in the subsequent suit is the same as in the former suit, only when the decision on the point of law is correct
(b) if the cause of action in the subsequent suit is the same as in the former suit, even though the decision on the point of law is erroneous
(c) if the cause of action in the subsequent suit is different from that in the former suit, even though the decision on the point of law is correct
(d) all the above.
A decision in a suit may operate as res- judicata against persons not expressly named as parties to the suit by virtue of explanation
(a) II to section 11 of CPC
(b) IV to section 11 of CPC
(c) VI to section 11 of CPC
(d) VIII to section 11 of CPC.
Res-judicata does not operate
(a) between co-defendants
(b) between co-plaintiffs
(c) against a per-forma defendant
(d) none of the above.
In which of the following cases res-judicata is not applicable
(a) consent compromise decrees
(b) dismissal in default
(c) both (a) & (b)
(d) neither (a) nor (b).
Principle of res-judicata is
(a) mandatory
(b) directory
(c) discretionary
(d) all the above.
With respect to the principle of res-judicata which of the following is not correct
(a) ex-parte decree will operate as res-judicata
(b) writ petition dismissed on merits operates as res-judicata
(c) writ petition dismissed in limine operates as res-judicata
(d) both (a) & (c).
In a suit, where the doctrine of res-judicata applies, the suit is liable to be
(a) stayed
(b) dismissed
(c) may be stayed & may be dismissed
(d) both (a) & (c).
A decision or finding given by a court or a tribunal without jurisdiction
(a) can operate as res-judicata under all circumstances
(b) cannot operate as res-judicata
(c) can operate as res-judicata under certain circumstances only
(d) may operate as res-judicata or may not- operate as res-judicata.
On production of a certified copy of the foreign judgment, the presumption as to the competency of the court, under section 14 of CPC is a
(a) presumption of fact
(b) presumption of fact & law both
(c) rebuttable presumption of law
(d) irrebuttable presumption of law.
Validity of a foreign judgment can be challenged under section 13 of CPC
(a) in a civil court only
(b) in a criminal court only
(c) in both civil and criminal court
(d) neither in civil nor in criminal court.
Under section 13 of CPC, a foreign judgment can be challenged on the grounds of
(a) competency of the court pronouncing the judgment
(b) being obtained by fraud
(c) sustaining a claim founded on a breach of law in force in India
(d) all the above.
How many grounds of attack the foreign judgment have been provided under section 13 of CPC
(a) seven
(b) six
(c) five
(d) four.
On the ground of jurisdiction, under section 13 of CPC
(a) only a judgment in personam can be challenged
(b) only a judgment in rem can be challenged
(c) both judgment in personam and judgment in rem, can be challenged
(d) neither a judgment in personam nor judgment in rem can be challenged.
A person who institutes a suit in foreign court and claims a decree in personam, after the judgment is pronounced against him
(a) can always challenge the judgment on the ground of competency
(b) can never challenge the judgment on the ground of competency
(c) can challenge the judgment on the ground of competency under certain circumstances
(d) either (a) or (c).
Under section 15 of CPC, every suit shall be instituted in
(a) the district court
(b) the court of the lowest grade
(c) the court of higher grade
(d) all the above.
Section 15 of CPC lays down
(a) a rule of procedure
(b) a rule of jurisdiction
(c) a rule of evidence
(d) all the above.
Under section 16 of CPC, a suit relating to immoveable property can be filed in a court within whose local jurisdiction
(a) the property is situate
(b) the defendant voluntarily resides or personally works for gain
(c) the defendant voluntarily resides or carries on business
(d) either (a) or (b) or (c).
Suit in respect of immoveable property, where the entire relief sought can be obtained through the personal obedience of the defendant, can be instituted in a court within whose local jurisdiction
(a) the property is situate
(b) the defendant voluntarily resides or carries on business
(c) the defendant voluntarily resides or personally works for gain
(d) all the above.
Place of institution of suit in respect of immoveable property, situated within the jurisdiction of different courts, has been provided
(a) under section 17 of CPC
(b) under section 18 of CPC
(c) under section 19 of CPC
(d) under section 20 of CPC.
Section 18 of CPC provides for
(a) place of institution of suit in respect of immoveable property where the property is situate in the jurisdiction of one cot
(b) place of institution of suit in respect of immoveable property where the property is situate in the jurisdiction of different court
(c) place of institution of suit in respect of immoveable property where the limits of jurisdiction of courts uncertain
(d) all the above.
Place of suing in respect of suits for compensation for wrongs to persons or moveable property has been dealt with
(a) under section 18 of CPC
(b) under section 19 of CPC
(c) under section 20 of CPC
(d) under section 21 of CPC.
A suit for compensation for wrong done to the person or to moveable property, where the wrong was done within the local jurisdiction of one court and the defendant resides within the local limits of an other court
(a) can be instituted in the court within whose local jurisdiction the wrong has been committed
(b) can be instituted in the court within whose local jurisdiction the defendant resides
(c) either (a) or (b) at the option of the plaintiff
(d) anywhere in India.
‘X’ residing in Delhi, publishes statements defamatory to ‘Y’ in Calcutta. ‘Y’ can sue at
(a) Delhi
(b) Calcutta
(c) anywhere in India
(d) either in Delhi or in Calcutta.
Suits under section 20 of CPC can be instituted where the cause of action arises
(a) wholly
(b) partly
(c) either wholly or in part
(d) only (a) and not (b) or (c).
In cases where there are more than one defendant, a suit can be instituted in a court within whose local jurisdiction
(a) each of the defendant at the time of commencement of the suit, actually & voluntarily resides or carries on business or personally works for gain
(b) any of the defendant, at the time of the commencement of the suit, actually & voluntarily resides, or carries on business, or personally works for gain and the defendant(s) not so residing etc. acquiesce
(c) both (a) & (b) are correct
(d) only (a) & not (b).
A suit for damages for breach of contract can be filed, at a place
(a) where the contract was made
(b) where the contract was to be performed or breach occurred
(c) anywhere in India
(d) both (a) and (b).
A suit relating to partnership may be instituted at a place
(a) where the partnership was constituted
(b) where the partnership business was carried on
(c) where partnership accounts are maintained
(d) all the above.
A suit relating to partnership dissolved in a foreign country can be filed at a place
(a) in foreign country
(b) where the parties to the suit reside in India
(c) both (a) & (b)
(d) all over India.
Objection as to the place of suiting
(a) can only be taken before the court of first instance at the earliest possible opportunity
(b) can be taken before the appellate court for the first time
(c) can be taken before the court of revision for the first time
(d) all the above.
Section 21 of CPC cures
(a) want of subject-matter jurisdiction
(b) want of pecuniary jurisdiction
(c) want of territorial jurisdiction
(d) both (b) and (c).
A suit to set aside a decree on the ground of lack of territorial jurisdiction is barred
(a) under section 21 of CPC
(b) under section 21A of CPC
(c) under section 22 of CPC
(d) under section 23 of CPC.
Parties by their consent agreement
(a) can confer jurisdiction on a court, where there is none in law
(b) can oust the jurisdiction of the court where there is one in law
(c) can oust the jurisdiction of one of the courts when there are two courts simultaneously having jurisdiction in law
(d) all the above.
Section 20 of CPC does not apply to
(a) arbitration proceedings
(b) civil proceedings
(c) both (a) & (b)
(d) neither (a) nor (b).
Agreement between the parties to institute the suit relating to disputes in a particular court
(a) does not oust the jurisdiction of other courts
(b) may operate as estoppel between the parties
(c) both (a) & (b)
(d) neither (a) nor (b).
In cases of the commercial contracts between parties of two different countries, the jurisdiction of the court shall be governed by
(a) lex loci contractors
(b) lex loci solutions
(c) les situs
(d) rule of freedom of choice i.e., intention of the parties.
A corporation, under section 20 of CPC, is deemed to carry on business at
(a) its principal office in India
(b) its subordinate office in India
(c) both (a) & (b)
(d) either (a) or (b).
In case of a cause of action arising at a place where a corporation has a subordinate office, the corporation is deemed to carry on business
(a) its principal office in India
(b) its subordinate office where the cause of action did arise
(c) both (a) & (b)
(d) either (a) or (b).
In every plaint, under section 26 of CPC, facts should be proved by
(a) oral evidence
(b) affidavit
(c) document
(d) oral evidence as well as document.
According to section 27 of CPC summons to the defendant to be served on such date not beyond
(a) 30 days from the date of institution of suits
(b) 60 days from the date of institution of suits
(c) 45 days from the date of institution of suits
(d) 90 days from the date of institution of suits
The court may impose a fine for default upon a person required to give evidence or to produce documents directed under section 30(b) of CPC, and such fine as per section 32(c) not to exceed
(a) Rs. 500
(b) Rs. 1,000
(c) Rs. 5,000
(d) Rs. 10,000.
Under section 39(4) of CPC, the court passing the decree is
(a) authorised to execute such decree against any person outside local limits of its jurisdiction
(b) authorised to execute such decree against any property outside the local limits of its jurisdiction
(c) either (a) or (b)
(d) neither (a) or (b).
A private transfer or delivery of the property attached under section 64(2) shall not be void if
(a) made in persuance of any contract for such transfer or delivery entered into and registered before the attachment
(b) made in persuance of any contract for such transfer or delivery entered into and registered after the attachment
(c) made in persuance of any contract for such transfer or delivery entered into before the attachment but registered after the attachment
(d) either (a) or (b) or (c).
The court under section 89(1) of CPC can refer the dispute for
(a) arbitration or conciliation
(b) conciliation or mediation
(c) mediation or Lok Adalat
(d) arbitration or conciliation or Lok Adalat or mediation.
The court can award compensation against plaintiff under section 95 of CPC, not exceeding
(a) Rs. 10,000 or the limits of its pecuniary jurisdiction whichever is less
(b) Rs. 10,000 or the limits of its pecuniary jurisdiction whichever is more
(c) Rs. 50,000 and this amount not to exceed the limits of its pecuniary jurisdiction
(d) Rs. 50,000 and this amount to exceed the limits of its pecuniary jurisdiction whichever is more.
Under section 100A of the CPC, where any appeal from an original or appellate decree or order is heard and decided by a single judge of a High Court
(a) no further appeal shall lie the from judgment and decree of such single judge
(b) further appeal shall lie under the Latters Patent for the High Court
(c) further appeal shall lie with the leave of the Supreme Court
(d) further appeal shall lie before the Division Bench of the High Court.
Second appeal shall not lie from any decree, as provided under section 102 of CPC when the subject matter of the original suit is for recovery of money not exceeding
(a) Rs. 10,000
(b) Rs. 25,000
(c) Rs. 50,000
(d) Rs. 1,00,000.
A revision under section 115shall not operate as a stay of suit or other proceeding before the court except where such suit or other proceeding is stayed by
(a) the High Court
(b) the Supreme Court
(c) the Appellate Court
(d) District and Sessions Court.
The court can enlarge the time under section 148 of CPC for doing any act prescribed or allowed under the Code of Civil Procedure, not exceeding in total
(a) 90 days
(b) 60 days
(c) 45 days
(d) 30 days.
Under Order IV, Rule 1, sub-rule (1) of CPC, a suit is instituted when
(a) a plaint is presented to the court
(b) a plaint in duplicate is presented to the court
(c) a plaint in triplicate is presented to the court
(d) either (a) or (b) or (c).
A defendant under Order V, Rule 1(1) of CPC is required to appear, answer the claim and to file the written statement
(a) within 60 days from the date of service of summons
(b) within 45 days from the date of service of summons
(c) within 30 days from the date of service of summons
(d) within 90 days from the date of service of summons.
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
(a) within 90 days from the date of service of summons
(b) within 120 days from the date of service of summons
(c) within 60 days from the date of service summons
(d) within 45 days from the date of service summons.
Summons to the defendant under Order V, Rule 9(1) of CPC, can be delivered for the purposes of serving the same on the defendant, to a courier services as
(a) approved by the defendant
(b) approved by the court
(c) approved by the plaintiff
(d) either (a) or (b) or (c).
Under section 32 of CPC, to compel the attendance of a person to whom a summon has been issued under section 30 of CPC, the court is empowered to
(a) issue a warrant for his arrest
(b) attach and sell his property
(c) impose a fine not exceeding Rs. 5,000
(d) either (a) or (b) or (c).
Under Order VI, Rule 17 at any stage of proceedings the court can allow to alter or amend pleadings to
(a) either party
(b) to plaintiff only
(c) to defendant only
(d) to only one defendant if there are more than one defendant
The expenses for the service of summons to the defendant have to be borne, under Order V, Rule 9(3) of CPC, by
(a) the plaintiff
(b) the court
(c) the defendant
(d) partly by the plaintiff and partly by the defendant.
The court can reject the plaint under Order VII, Rule 11(e) of CPC, if it is not filed in
(a) triplicate
(b) duplicate
(c) quadruplicate
(d) only (c) and not (a) or (b).

Law Question Papers

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

2 Jun 2018 Advocatetanmoy

Tender is—
(A) An offer
(B) An invitation to offer
(C) A counter offer
(D) A promise
Ans:-B

2. A contract 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 agent 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 time 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 interrogatories 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 summons
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 evidence is sufficient —Section 171
Ans:-A

23. Who of the following cannot claim 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

Law Question Papers

HIGHER JUDICIAL SERVICE MODEL OBJECTIVE QUESTION PAPER [4th Set]

2 Jun 2018 Advocatetanmoy

1. Consider the following statements:
1. The Preamble of the Constitution of India can be amended by the Parliament up to any extent barring the basic features.
2. The Preamble can be amended only by special majority and ratification by legislatures of 1 (half) the States.
3. The Preamble has no role to play in the interpretation of any provision of the Constitution.
Which of the statements given above is/are correct?
(a) l, 2 and 3
(b) 1 only
(c) 2 and 3
(d) 2 only
Ans : (b)
2. Fundamental Rights under the Constitution of India comprises of which of the following?
1. Individual rights
2. Group rights
Select the correct answer using the code given below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans: (c)
3. Match List-I with List-II and select the correct answer using the code given below the lists:
List-I (Subject matter) List-II (Case)
A. Reservation in unaided 1. E.V. Chinnaiah v. State of Andhra Pradesh
private colleges
B. 27% reservation for OBCs 2. I.R. Coelho v. State of Tamil Nadu
in government services
C. Constitutional validity of laws 3. R.A. Inamdar v. State of Maharashtra
included in the Ninth Schedule
4.Indra Sawhney v. Union of India
Code :
A B C
(a) 3 4 2
(b) 3 1 4
(c) 2 3 4
(d) 4 1 3
Ans : (a)
4. Match List-I with List-II and select the correct answer using the code given below the lists:
List-I List-II
(Power of President) (Relevant Constitutional Provision)
A. Power to grant pardon- 1.Article 76
B .Executive power of the Union 2.Article 7
C. Power to appoint Prime Minister 3.Article 53
D. Appointment of Attorney General. 4.Article 72
Code:
A B C D
(a) 4 2 3 1
(b) 4 3 2 1
(c) 1 2 3 4
(d) 1 3 2 4
Ans: (b)
5. Which one of the following statements is not correct?
(a) In a cabinet form of government neither the President nor the Government exercises the executive functions individually or personally
(b) Executive action taken in the name of the Governor is the executive action of the State
(c) The Governor cannot be held personally answerable for any portion of the address to the joint session
(d) The Governor is bound to exercise all his powers and the functions on the aid and advice of his Council of Ministers
Ans: (d)
6. Which one of the following is correct with regard to the decision in D.C. Wadhwa v. State of Bihar case?
(a) President is entitled to promulgate ordinance during the recess of the Parliament
(b) Colorable re-promulgation of ordinance is unconstitutional
(c) Article 123 empowers the President to issue successive ordinances
(d) Governor’s power of re-issuance of ordinance cannot be questioned in the Court of Law
Ans: (b)
7. Which one of the following is not correct with regard to transfer of cases from the High Courts?
(a) Cases involving same or substantially same question of law should be pending before Supreme Court and one or more High Courts
(b) Application requesting for transfer should be filled by Attorney General or any party to the case
(c) Transfer is possible when the Supreme Court on its own is satisfied that such question is of general importance
(d) Transfer of cases from one High• Court to another is not permissible in any circumstance
Ans 😦 d)
8. Consider the following statements:
Judicial review under the Constitution of India
1. is a part of the basic structure of the Constitution.
2; can only be ousted or excluded by a constitutional amendment.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans: (a)
9. Which of the following is not a function of the UPSC and State Public Service Commissions?
1. Advising the appropriate governments on matters relating to methods of recruitment to civil services and for civil posts.
2. Consultation in creation of All India Services.
3. Consultation on disciplinary matters affecting a person serving the Government of India or of a person serving the Government of a State in a civil capacity.
Select the correct answer using the code given below:
(a) 1 only
(b) 1 and 2
(c )2 only
(d) 2 and 3
Ans: (c)
10. Match List-I with List-II and select the correct answer using the code given below the lists:
List-I List-II
(Doctrine) (Related judgment)
A. Doctrine of Repugnancy 1. State of Bombay v. F.N.Balsara
B. Doctrine of Colorable Legislation 2. Prafulla Kumar v. Bank of Commerce
C. Doctrine of Pith and Substance 3. K.C.G Narayan Deo v. State of Orissa
D. Doctrine of Harmonious Construction 4. M. Karunanidhi v. Union of India
Code:
A B C D
(a) 4 2 3 1
(b) 4 3 2 1
(c) 1 3 2 4
(d) 1 2 3 4
Ans: (b)
11. Consider the following statements:
1. Emergency is always imposed throughout the nation.
2. Emergency can be imposed not only on the grounds of actual war, external aggression or armed rebellion, but also in anticipation thereof.
3. Every proclamation of Emergency will not remain in force after one month unless it is approved by both the Houses of Parliament.
Which of the statements given above is/are correct?
(a) 2and 3
(b) 1 and 2
(c) 3 only
(d) 1, 2 and 3
Ans: (a)
12. Assertion (A) Contributory negligence in an accident is a defense to a charge in criminal law.
Reason (R) : The fact that the deceased was also negligent and contributed to the accident does not afford a defense to the driver.
Code:
(a) Both A and R is individually true and R is the correct explanation of A
(b) Both A and R is individually true, but R is not the correct explanation of A
(c) A is true, but R is false
(d) A is false, but R is true
Ans: (d)
13. Even if the harm to the plaintiff has been caused maliciously no action can lie for the same unless the plaintiff can prove that he has suffered legal injuries. In which one of the following cases was this principle enunciated?
(a) Bradford Corporation v. Pickles
(b) Christie v. Davey
(c) Re Polemis case
(d) Holderness v. Goslin
Ans: (a)
14. Match List-I with List-l and select the correct answer using the code given below the lists:
List-I List-II
(Defense) (Decision)
A. Inevitable accident 1. Richards v. Lothian
B. Act of God 2. Alexander v. North Eastern Railway
C. Justification by truth 3. Nichols v. Mars
D. Act of third party 4. Stanley v. Powell
Code:
A B C D
(a) 4 3 2 1
(b) 1 3 2 4
(c) 4 2 3 1
(d) 1 2 3 4
Ans: (a)
15. X, the owner of a car, asked his friend Y to drive the car to his office. As the car was near his (X’s) office, it hit a pedestrian P on account of Y’s negligent driving and injured him seriously. P sued X for damages. Which one of the following is correct regarding the above?
(a) X is not liable as it was the negligence of Y
(b) The liability was solely of Y as X was not accompanying him
(c) As Y was driving under X’s care and authority, X is liable
(d) X is not liable under the principle of inevitable accident
Ans: (c)
16. The standard of care generally used in cases of negligence is the
(a) skill and care of a professional person
(b) care taken by an intelligent and prudent man
(c) foresight of a prudent man
(d) skill and foresight of an ordinary person of prudence and competence
Ans: (d)
17. Two persons are said to be joint tort-feasors when
(a) a person on account of his negligence gives opportunity to another for committing a tort
(b) two or more persons are. simultaneously involved in committing a wrong
(c) a tort is committed by two or more persons or any one of them when they are engaged in furtherance of a concerted purpose
(d) two persons together commit a tort
Ans: (c)
18. In which one of the following cases has the test of directness for determining the remoteness of damage been applied?
(a) Donoghue v. Stevenson
(b) Re Polemis
(c) Wagon Mound No. 1
(d) Doughty v. Tumer Manufacturing Co.Ltd
Ans:(b)
19. Match List-I with List-II and select correct answer using the code given below the lists:
List-I List-II
(Judicial Principle) (Decision)
A. Injuria Sine Damno 1. Jones v. Boyce
B. Damnum Sine Injuria 2. Davies v. Mann
C. Rule of Last Opportunity 3. Ashby v. White
D. Doctrine of Alternative Danger 4. Gloucester Grammar School Case
Code:
ABCD
(a) 1 2 3 4
(b) 1 3 2 4
(c) 3 4 2 1
(d) 3 2 4 1
Ans: (c)
20. The principle of absolute liability in the Indian tort law is applicable when damage is caused by the activity or escape of
(a) hazardous material only
(b) poisonous material
(c) inherently dangerous material only
(d) hazardous or inherently dangerous material
Ans : (d)
21. Consider the following decided cases on the tort of foreseeability:
1. Wagon Mound No. 1
2. Wagon Mound No.2
3. Hughes v. Lord Advocate
4. Doughty v Turner Manufacturing Co. Ltd.
Select the correct chronological order of the above cases, in
which they were decided, using the code given below:
(a) 1-2-3-4
(b) 3-1-4-2
(c) 1-3-4-2
(d) 3-1-2-4
Ans:(a)
22. Match List-I with List-I and select the correct answer using the
code given below the lists:
List-I List-II
(Special Defense) (Decision)
A. Reasonable restriction 1.Cook v. Alexander
B. Contributory negligence 2.Rajinder Kishore v. Durga Sahi
C. Absolute privilege 3 Herd v. Weardale Steel, Coal and Coke. Co. Ltd.
D. Qualified privilege 4.Rural Transport Service v. Bezlum Bibi
Code:
A B C D
(a) 2 4 1 3
(b) 2 1 4 3
(c) 3 1 4 2
(d) 3 4 1 2
Ans: (?)
23. Which one of the following is the gist of the cause of action for tort of conspiracy?
(a) An agreement between defendants to do an unlawful act
(b) An agreement and overt act by the defendants
(c) An agreement and oven act causing damage to the plaintiff
(d) Unlawful combination causing or not causing damage to the plaintiff
Ans:(c)
24. Which among the following are relevant for liability in the tort of conspiracy?
1. Number of combiners
2. Purpose of the combiners
3. Intention of the combiners
4. Actions taken by the combiners
Select the correct answer using the code given below:
(a) 1 and 2
(b) 2 and 3
(c) l and 4
(d) 2 and 4
Ans: (d)
25. Match List-I with List and select the correct answer using the code given below the lists:
List-I List-II
(Nature of tort) (Ingredient)
A. Private nuisance 1.Interest in land
B. Public nuisance 2.Addressed to the eye
C. Libel 3.No interest in land
D. Slander 4.Addressed to the ear
Code:
A B C D
(a) 1 2 3 4
(b) 1 3 2 4
(c) 4 3 2 1
(d) 4 2 3 1
Ans: (b)
26. For an action of nuisance, the following have been put up as defenses:
1. The place is suitable for the purpose.
2. It is for the benefit of the locality.
3. It is done under statutory authority?
Which of the defenses given above is/are correct?
(a) 1,2and3
(b) 1 only
(c) 2and3
(d) 3only
Ans: (d)
27. Which one of the following elements is not necessary to have a private right of action in respect of a public nuisance?
(a) The plaintiff must show a particular injury to himself beyond that which is suffered by the rest of the public
(b) The injury must be of a substantial character
(c) The nuisance must be caused by negligence
(d) The injury must be direct and not consequential injury
Ans: (c)
28. Which of the following remedies are available in an action in the tort of nuisance?
1. Abatement
2. Injunction
3. Specific restitution
4. Action for damages
Select the correct answer using the code given below:
(a) 1, 2 and 4
(b) l and 3
(c) 2 and 4
(d) 1, 2, 3 and 4
Ans: (a)
29. Consider the following statements:
The Actus reus is made up of
1. human action which is usually termed ‘conduct’.
2. the result of such act in the specified circumstances which is designated as ‘injury’.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans: (d)
30. Which of the following is the correct theoretical sequence in the commission of an offence?
1. Physical element
2. Mental element
3. Forbidden consequence
Select the correct answer using the code given below:
(a) 1-2-3
(b) 2-1-3
(c) 3-2-1
(d) 3-1-2
Ans: (b)
3. A is dead drunk and yet decides to go for a joy ride along with his friends. He drives his newly imported car with high speed and not able to control his vehicle when he passes through a busy shopping market causing instant death of three pedestrians. He is found to be highly intoxicated state at the time of the accident and the speed of car is found to be above 70 kms. For which one of the following offences can he be prosecuted?
(a) Homicide caused by rash and negligent act
(b) Murder
(c) Culpable homicide not amounting to murder
(d) Causing grievous hurt by an act endangering life
Ans: (c)
32. Match List-I with List-II and select the correct answer using the code given below the lists:
List-I List-II
(Elements of offence) (Type of offence)
A. Movable property obtained without consent 1. Robbery
B. Movable property obtained without consent by instant violence 2. Extortion
C. Movable property obtained without consent induced by fear 3.Dacoity
D. Movable property obtained using instant violence 4. Theft
by a gang of six persons
Code:
A B C D
(a) 3 4 1 2
(b) 3 1 4 2
(c) 4 1 2 3
(d) 4 2 1 3
Ans: (c)
33. Consider the following:
1. Entrustment.
2: Misappropriation or conversion to one’s own use.
3. Misappropriation, conversion or disposal with dishonest intention.
In which one of the following offences are the above essential ingredients?
(a) Cheating
(b) Criminal breach of trust
(c) Criminal misappropriation
(d) Extortion
Ans: (b)
34. ‘A’, a revenue officer, having dominion over public money by virtue of his office and is either directed by law, or bound by a contract, express or implied, with the government, to pay into a certain treasury all the public money which he holds. ‘A’ dishonestly appropriates the money. Which one of the following offences has ‘A’ committed under IPC?
(a) Theft, section 378 IPC
(b) Criminal breach of trust, section 405 IPC
(c) Misappropriation of property, section 403 IPC
(d) Robbery, section 390 IPC
Ans: (b)
35. In cases of criminal misappropriation, the initial possession of the property is:
(a) dishonest
(b) fraudulent
(c) innocent
(d) illegal
Ans: (c)
36. Taking property dishonestly from the dead body
(a) does not amount to any offence under IPC
(b) amounts to the offence of theft
(c) amounts to the offence of criminal misappropriation
(d) amounts to the offence of criminal breach of trust
Ans: (c)
37. Assertion (A): The essence of joint liability under section 149 of the IPC is that the criminal act must have been done with a view to fulfilling the common object of an unlawful assembly.
Reason (R): Any sudden and provocative act done by a member of an unlawful assembly would render the other members of the assembly liable.
Code:
(a) Both A and R are. individually true and R is the correct explanation of A
(b) Both A and Rare individually true, but R is not the correct explanation of A
(c) A is true, but R is false
(d) A is false, but R is true
Ans: (c)
38. Locus poenitentiae test is applied to trace which one of the following?
(a) Criminal misappropriation
(b) Attempt
(c) Sedition
(d) Conspiracy
Ans: (d)
39. To whom, among the following, is the right of private defense, under chapter IV of IPC, available?
1. Only to the defender being a preventive right.
2. An aggressor, while facing action on the part of the defender which is excessive.
Select the correct answer using the code given below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans: (a)
40. P with the intention of committing theft entered the house of Q. Q, on seeing him entering, struck him with a lathi and P fell down unconscious. Thereafter, Q gave him another blow of lathi at his head which caused his death. On being prosecuted for murder, Q took the plea of private defense.
Which of the following argument is valid?
(a) Since Q was acting in the exercise of right of private defense of his property, he had taken a valid defense
(b) Since in the defense of one’s property one cannot cause death of the intruder, Q has no defense
(c) Q has used excessive force as once P fell unconscious; there was no need for the second blow. Hence, Q’s plea of right of private defense will not succeed
(d) If P committed house breaking in the night, Q has the right to cause death in the de of his property, and thus Q’s plea should prevail
Ans: (c)
41. Which one of the following is the correct group of offences against which right of private defense relating to property can be exercised?
(a) Theft, Extortion, Robbery, Mischief
(b) Theft, Extortion, Mischief, Criminal Trespass
(c) Robbery, Mischief, Criminal Trespass, Extortion
(d) Theft, Robbery. Mischief, Criminal Trespass
Ans (d)
42. Which one of the following statements is correct?
For the purpose of section 103 of IPC (causing death in the exercise of right of private defense for protection of property), there is:
(a) no distinction between public property and private property
(b) clear distinction between public property and private property
(c) no right of private defense
(d) no right of private defense at the attempt stage of causing of death
Ans: (a)
43. A instigates B to kill C by means of a letter sent through post. The abetment by instigation is complete
(a) as soon as the letter reaches the addressee
(b) as soon as the abettor posts the letter to the addressee
(c) as soon as the contents of the letter are known to the addressee
(d) even if the letter was sent at a wrong address
Ans: (c)
44. B, a man of unsound mind, sets fire to a dwelling house on A’s instigation. Here, B is exempted from criminal liability (Section 84 IPC), but A is guilty of abetting mischief by fire with intent to destroy the house. The principle for this criminal liability may be explained by which one of the following explanations?
(a) The abetment of an offence being an offence, the abetment of such an abetment is also an offence.
(b) The person who has been instigated to commit an offence may not be liable under criminal law for his act because of his being of unsound mind at the time of committing the offence but the abetment to commit mischief by fire.
(c) To constitute offence of abetment it is not necessary that the act abetted should be committed
(d) It is not necessary to the commission of the offence by conspiracy that the abettor should work in concert with the person who commits it
Ans: (b)
45. X and Y conspire to poison Z. X in pursuance of the conspiracy procures the poison and delivers it to V in order that he may administer it to Z. Yin pursuance of the conspiracy administers the poison in the presence of X and hereby causes Z’s death. What offence, if any has been committed by X and Y, respectively?
(a) Y has committed the offence of murder and X was an abettor
(b) Both X and Y have committed the offence of criminal conspiracy
(c) X has committed the offence of murder and Y was an abettor
(d) Both X and Y have committed the offence of murder
Ans: (d)
46. Which of the following is/are correct?
For an offence of extortion
1. it is necessary that the threat made and the property received be by one and the same person.
2. it is not necessary that the person who received threat and the person who delivered the property be one and the same person.
Select the correct answer using the code given below:
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Ans: (b)
47. Stealing one’s own property is:
(a) not at all an offence
(b) an offence under section 403 of IPC
(c) an offence tinder section 405 of IPC
(d) None of the above
Ans: (d)
48. In which one of the following cases did the Supreme Court explain the concept of grave and sudden provocation as a mitigating circumstance reducing the gravity of the offence from murder to culpable homicide not amounting to murder?
(a) State v. Dasrath
(b) Jagroop Singh v. State of Haryana
(c) K.M. Nanavati v. State of Maharashtra
(d) Ujagar Singh v. Emperor
Ans: (c)
49. The juristic concept of contract consists of
(a) free consent and capacity
(b) offer and acceptance
(c) consideration and undue influence
(d) agreement and obligation
Ans: (d)
50. Consider the following statements:
1 An Agreement made without consideration is void.
2. Consideration should have some value in the eyes of the law.
3. Consideration has to be adequate.
Which of the statements given above is/are correct?
(a) 1, 2 and 3
(b) l and3
(c) 3 only
(d) 1 and 2
Ans: (d)

CIVIL, Law Question Papers

HIGHER JUDICIAL SERVICE MODEL OBJECTIVE QUESTION PAPER [3rd Set]

2 Jun 2018 Advocatetanmoy

‘A’ intentionally fired a shot from his pistol at ‘B’ but it hit ‘C’ and ‘C’ died. The offence committed by ‘A’ is—
(A) Attempt to murder
(B)Culpable homicide
(C)Murder under Section 300
(D)Murder under Section 301
Ans:-D
‘A’ makes a false entry in his electronic record for the purpose of using it as corroborative evidence in trial court. ‘A’ has—
(A) Fabricated false evidence
(B) Not fabricated false evidence
(C) Committed forgery
(D) None of the above
Ans:-A
A workman throws snow from a roof giving proper warning. A passer by is killed. The workman is—
(A) Guilty of murder
(B) Guilty of culpable homicide not amounting to murder
(C) Guilty of causing death by negligence
(D) Not guilty since death was accidental
Ans:-D
Which Section of the Indian Penal Code defines ‘sedition’ ?
(A) Section 122
(B) Section 123
(C) Section 124
(D) Section 124-A
Ans:-D
‘A’ puts his hand in the pocket of ‘B’ for stealing money, but the pocket was empty.
‘A’ is guilty of—
(A) Theft
(B) Attempt to commit theft
(C) Mischief
(D) No offence
Ans:-B
Which one of the following Sections of the Indian Penal Code deals with vicarious
Liability?
(A) Section 120-A
(B) Section 121
(C) Section 154,
(D) Section 159
Ans:-C
Assertion (A): Nothing is an offence which is done in the exercise of the right of private defence.
Reason (R) : Where the aid of the society cannot be obtained, individual may do everything necessary to protect himself.
Codes:
(A)Both (A) and (R) are true and(R) is the correct explanation of (A) .
(B) Both (A) and (R) are true, but (R) is not the correct explanation of (A)
(C) (A) is true but (R) is false
(D) (A) is false but (R) is true
Ans:-C
The ingredients of Section 149 of the Indian Penal Code are—
Knowledge of the probability of the commission of the offence
Common intention
Unlawful objects stated in Section 141 of the I.P.C.
Active participation in commission of crime.
Select the correct answer using the codes given below—
Codes:
(A) 1, 3 and 4
(B) 2 and 4
(C) 3 and 4
(D) 1 and 3
Ans:-D
Assertion (A): Homicide is the killing of a human being by a human being.
Reason (R) : Homicide is always unlawful.
Codes:
(A) Both (A) and (R) are true and (R) is the correct explanation of (A)
(B) Both (A) and (R) are true, but (R) is not the correct explanation of (A)
(C) (A) is true but (R) is false
(D) (A) is false but (R) is true
Ans:-C
Which one of the following is not a correct ingredient of the offence of theft?
(A) Dishonest intention of take property
(B) Property must be movable
(C) Property must be taken without the consent of the person in whose possession it is
(D) Property must be taken without consent of the owner of the property
Ans:-D
Which one is not an essential ingredient of a crime?
(A) Motive
(B) Evil intent
(C) Human being
(D) Act
Ans:-A
Common intention means—
(A) Similar intention
(B) Same intention
(C) Sharing of intention by all persons
(D) Common plans
Ans:-C
Sexual intercourse by a man with a woman even with her consent is a rape, if she is
below the age of—
(A) 17 years
(B) 16 years
(C) 19 years
(D) 18 years
Ans:-B
Which one of the following is not a punishment under Section 53 of the Indian Penal Code, 1860?
(A) Fine
(B) Transportation
(C) Forfeiture of property
(D) Death
Ans:-B
In which of the following case the right of private defence of body does not extend to causing of death?
(A) Assault with the intention of committing kidnapping
(B) Assault with the intention of gratifying unnatural lust
(C) Wrongful restraint ‘
(D) Assault with the intention of committing abduction
Ans:-C
‘Unlawful Assembly’ has been defined in the Indian Penal Code, 1860 under—
(A) Section 141
(B) Section 146
(C) Section 149
(D) Section 159
Ans:-A
Which one of the following statements is not correct?
(A) Abetment of an abetment is not an offence
(B) Abetment of illegal omission may be an offence
(C) To constitute the offence of abetment the effect requisite to constitute the offence need not be caused
(D) The person abetted need not be capable by law of committing an offence
Ans:-A
Attempt to commit robbery is punishable under—
(A) Section 392 LP.C.
(B)Section 393 I.P.C.
(C)Section 390 I.P.C.
(D)Section 394 I.P.C.
Ans:-B
Which one of the following is not an essential ingredient of the offence of kidnapping under the Indian Penal Code?
(A) Minor Child
(B) Intention of the accused
(C) Without the consent of lawful guardian
(D) Out of the keeping of the lawful guardian
Ans:-B
Making preparation to commit dacoity is punishable in the Indian Penal Code, 1860 under—
(A) Section 393
(B) Section 395
(C) Section 398
(D) Section 399
Ans:-D
Match list-I with list-II and select correct answer using the codes given below the lists—
List-I
(Section)
(a) Section 463
(b) Section 445
(c) Section 441
(d) Section 503
List-II
(Offence)
Criminal Trespass
Forgery
Criminal intimidation
House-breaking
Codes:
(a) (b) (c) (d)
(A) 2 4 1 3
(B) 2 4 3 1
(C) 2 1 3 4
(D) 1 2 4 3
Ans:-A
The case of Gian Kaur V/s State of Punjab is related to—
(A) Murder
(B) Culpable homicide
(C) Abetment of suicide
(D) Attempt to commit suicide
Ans:-D
In which of the following cases the Supreme Court declared Section 303 of the I.P. Code as unconstitutional?
(A) Sher Singh V/s State of Punjab
(B) Mithu V/s State of Punjab
(C) Bachan Singh V/s State of Punjab
(D) Triveni Ben V/s State of Gujarat
Ans:-B
‘A’ removes B’s book from his house without his consent with the intention to return it to him if he as a friend rewards him for the return. ‘A’ is liable for—
(A) Theft
(B) Attempt to theft
(C) Criminal breach of trust
(D) Attempt to criminal breach of trust
Ans:-A
‘A’ incites ‘B’ to beat ‘C’. Subsequently ‘A’ reaches the place where ‘B’ is beating ‘C’. ‘A’ is liable under—
(A) Section 34
(B) Section 109
(C) Section 114
(D) Section 115
Ans:-C
‘A’ cheats by pretending to be ‘B’, a person who is deceased ‘A’ is liable to be punished under—
(A) Section 420 of I.P.C.
(B) Section 419 of I.P.C.
(C) Section 418 of LP.C.
(D) Section 417 of I.P.C.
Ans:-B
In exercise of the right of private defence of property death cannot be caused in the case of—
(A) Robbery
(B) House breaking by night
(C) Mischief by fire in a dwelling house
(D) Theft
Ans:-D
Assertion (A): ‘A’ a boy aged nine years intentionally kills ‘B’. ‘A’ is liable to be convicted.
Reason (R) : A child up to the age of 12 years is immune from criminal liability.
Codes:
(A) Both (A) and (R) are true d (R) is the correct explanation of (A)
(B) Both (A) and (R) are true, but (R) is not the correct explanations of (A)
(C) (A) is true but (R) is false
(D) (A) is false but (R) is true
Ans:-C
In a dark night ‘A’ and ‘B’ were fighting. B’s wife keeping her child on her shoulder reached there for separating them. In the meantime A’s fist fell on the back of the child and the child died ‘A’ is liable for—
(A) Hurt
(B) Grievous hurt
(C) Culpable homicide
(D) Murder
Ans:-A
In which of the following offences ‘Mens rea’ is not an essential ingredient?
(A) Murder
(B) Theft
(C) Robbery
(D) Bigamy
Ans:-D
‘A’ beat his wife. She fell down and became unconscious. Believing her to be dead and to save himself from being arrested for murder ‘A’ hanged her in the fan with rope. Postmortem report disclosed her death from hanging. ‘A’ is liable for—
(A) Murder
(B) Culpable homicide
(C) Hurt
(D) Grievous hurt
Ans:-B
The word ‘good faith’ is defined in the Indian Penal Code in—
(A) Section 44
(B) Section 51
(C) Section 52
(D) Section 52-A
Ans:-C
‘A’ is cutting the wood with an axe at a place where children are playing ? The axe files off and kills a nearby child. ‘A’ is liable for—
(A) No offence
(B) Murder
(C) Culpable homicide
(D) Causing death by negligence
Ans:-D
Insanity is—
(A) Lack of free will
(B) Incapacity produced due to drunkenness
(C) Incapable of knowing the nature of act committed
(D) Diseased mind
Ans:-D
‘A’ finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to ‘B’ and appropriates to his own use. ‘A’ is guilty of—
(A) Theft
(B) Criminal misappropriation
(C) Criminal breach of trust
(D) Cheating
Ans:-B
Which one of the following Sections of the police Act, 1861 has not been repealed?
(A) Section 06
(B) Section 44
(C) Section 41
(D) Section 11
Ans:-B
What is the date of enforcement of the Police (U.P. Amendment) Act, 2001?
(A) 15 August, 2001
(B) 26 January, 2001
(C) 10 August, 2001
(D) 14 March, 2001
Ans:-B
Which paragraphs of the U.P. Police Regulations deal with the absconding offences?
(A) 196 to 214
(B) 215 to 222
(C) l90 to195
(D) 223 to276
Ans:-B
Who is the Head of Criminal administration in a District?
(A) Superintendent of Police
(B) District Magistrate
(C) Additional District Magistrate (Administration)
(D) None of the above
Ans:-B
A police constable compels a person to remain in police station on false case of theft and allowing him to go after receiving money from him. He is liable for—
(A) Forgery
(B) Cheating
(C) Extortion
(D) Wrongful confinement
Ans:-B
Under which Section of Police Act additional police force is provided in a
District on certain conditions—
(A) Section 13
(B) Section 16
(C) Section 14
(D) Section 15
Ans:-D
Under which Section of Police Act the State Government is empowered to make Rules and Regulations governing the service conditions of members of Police Force—
(A) Section2
(B) Section 3
(C) Section 4
(D) None of the above
Ans:-A
Which Section of Police Act deals with the duties of police officers?
(A) Section 21
(B) Section 22
(C) Section 23
(D) Section 24
Ans:-C
Which one of the following Sections of Police Act contains provisions relating to
General Diary?
(A) Section 43
(B) Section 44
(C) Section 45
(D) Section 46
Ans:-C
Regulation of public assemblies and processions and licensing of the same is provided in Police Act, 1861 under—
(A) Section 25
(B) Section 28
(C) Section 30
(D) Section 32
Ans:-C
Under the U.P. Police Regulations a village chowkidar is responsible to the—
(A) District Superintendent of Police
(B) Superintendent of Police (Rural)
(C) Village Pradhan
(D) District Magistrate
Ans:-D
The power of the District Superintendent of Police to regulate the volume of music on the roads on the occasion of festivals is provided under—
(A) Clause (4) of Section 15-A of the Police Act.
(B) Clause (2) of Section 27 of the Police Act.
(C) Clause (4) of Section 30 of the Police Act.
(D) Clause (3) of Section 16 of the Police Act.
Ans:-C
Under Section 25 of the Police Act, 1861, the charge of unclaimed property is to be take by—
(A) Deputy Superintendent of Police
(B)Superintendent of Police
(C)District-Magistrate
(D)Every Police Officer
Ans:-D
The statutory powers of the Inspector General of Police under Section 7 of the Police Act, 1861 is subject to—
(A) Article 32 of the Constitution of India
(B) Article 226 of the Constitution of India
(C) Article 311 of the Constitution of India
(D) Article 309 of the Constitution of India
Ans:-C
Special Police officer under the Police Act, 1861 can be appointed by—
(A) A Magistrate suo motu
(B) The Inspector General of Police
(C) The Senior Superintendent of Police
(D) A Magistrate on an application by an Inspector of Police
Ans:-D

CIVIL, Law Question Papers

HIGHER JUDICIAL SERVICE MODEL OBJECTIVE QUESTION PAPER [2nd Set]

2 Jun 2018 Advocatetanmoy

1. An executing court cannot determine the questions relating to which of the following?
(A) Execution of decree
(B) Discharge of decree
(C) Satisfaction of decree
(D) Modification of decree
Ans:-D
2. A person against whom summons has been issued may be compelled under Sec. 32 of C.P.C. to attend by—
1. Issue of a warrant
2. Attachment and sale of his property
3. Imposing a fine
4. Ordering him to furnish security for his appearance
Select the correct answer with the help of the code given below—
Code:
(A) l and 4
(B) 3 and 4
(C) 1, 2, 3 and 4
(D) 2 and 4
Ans:-C
3. Provision for interpleader suit is contained in which of the following sections of C.P.C.?
(A) Section 87
(B) Section 88
(C) Section 89
(D) Section 90
Ans:-B
4. Which one of the following is not a suit relating to immovable property?
(A) Suit for recovery of immovable property
(B) Suit for partition of immovable property
(C) Suit for redemption of mortgaged property
(D) Suit for rent in respect of immovable property
Ans:-D
5. The Code of Civil Procedure (Amendment) Act, 2002 came into force on—
(A) 1St April, 2002
(B) 1st June, 2002
(C) 6th June, 2002
(D) 1st July, 2002
Ans:-D
6. Where the local limits of jurisdiction of courts are uncertain, the place of institution of suit shall be decided according to the provision of—
(A) Section 17 of C.P.C.
(B) Section 18 of C.P.C.
(C) Section 19 of C.P.C.
(D) Section 20 of C.P.C.
Ans:-B
7. In which of the following provisions ‘mesne profit’ has been defined in the C.P.C.?
(A) Section 2(4)
(B) Section 2(8)
(C) Section 2(12)
(D) Section 2(14)
Ans:-C
8. The period of limitation within which defendant shall submit his wrtn statement is—
(A) 30 days from service of summons
(B) 40 days from service of summons
(C) 60 days from service of summons
(D) 90 days from service of summons
Ans:-A
9. In which of the following writs, the doctrine of res judicata is not applicable?
(A) Certiorari
(B) Mandamus
(C) Quo Warranto
(D) Habeas Corpus
Ans:-D
10. Which one of the following properties is liable to attachment and sale in the execution of a decree?
(A) Right to future maintenance
(B) A promissory note
(C) Book of account
(D) A right of personal service
Ans:-B
11. Which one of the following is not a suit of civil nature under C.P.C.?
(A) A suit against deprivation from attending social functions
(B) A suit for arrears of salary
(C) A suit for right of burial
(D) A suit for restitution of conjugal rights
Ans:-A
12. Which one of the following does not find a place under the provisions of Sec. 94, C.P.C. relating to supplemental proceedings?
(A) Arrest before judgement
(B) Attachment before judgement
(C) Temporary injunction
(D) Appointment of executors
Ans:-A
13. Which one of the following is not required in filing a representative suit under Order 1Rule 8 of the C.P.C.?
(A) Numerous parties
(B) Same interest
(C) Leave of the court
(D) Written permission of those who are being represented
Ans:-D
14. The provision for the institution of suits is given in which of the following sections of C.P.C.?
(A) Section 26
(B) Section 30
(C) Section 28
(D) Section 25
Ans:-A
15. A right to sue for damages is—
(A) An actionable claim
(B) Not an actionable claim
(C) Not only a mere right to sue
(D) Transferable
Ans:-B
16. The doctrine of part performance as given in Sec. 53-A of T.P. Act is—
1. A statutory right
2. An equitable right
3. Available in defence
Code:
(A) l and 3
(B) l and 2
(C) 2
(D) 2 and 3
Ans:-D
17. Assertion (A): Property is a comprehensive term and includes copyright.
Reason (R) : Transfer of property Act deals with all kinds of property including patents.
Choose the correct answer using the codes given below—
Code:
(A) Both (A) and (R) are true and (R) is the correct explanation of (A)
(B) Both (A) and (R) are true but (R) is not the correct explanation of (A)
(C) (A) is true but (R) is false
(D) (A) is false but (R) is true
Ans:-B
18. Which of the following combinations are correctly matched?
1. Mesne profit — Actionable Claim
2. Claim of a Muslim wife for unpaid dower — Actionable Claim
3. Unsecured debt — Actionable Claim
4. Profit under a sale of goods contract – Actionable Claim
Select the correct answer using the code given below—
Code:
(A) 2, 3 and 4
(B) 1,2 and 3
(C) 2 and 3
(D) l and 4
Ans:-A
19. Remedy of ‘foreclosure’ is available in which one of the following mortgages?
(A) Usufructuary mortage
(B) Simple mortgage
(C) Mortgage by condition sale
(D) English mortage
Ans:-C
20. Which one of the f6llowing is not an essential element of sale?
(A) Parties
(B) Subject matter
(C) Transfer or conveyance
(D) Payment of price in cash
Ans:-D
21. ‘Rule against double possibilities’ was recognised in which one of the following cases?
(A) Girjesh Dutt V/s Datadin
(B) Whitby V/s Mitchell
(C) Ardeshir V/s Dadabhoy
(D) Sopher V/s Administrator General of Bengal
Ans:-B
22. Which one of the following sections of T.P. Act deals with doctrine of ‘substituted
security’?
(A) Section—68
(B) Section—70
(C) Section—71
(D) Section—73
Ans:-C
23. Which is correct answer in the following?
(A) Section 60 of T.P. Act is enforceable on mortagage decrees
(B) Sale or purchase agreements are saleable properties and liable for attachment
(C) ‘Hereditary profession’ is liable for attachment
(D) Motor pump which is used in irrigation is liable for attachment
Ans:-A
24. Ram Coomar Kundoo V/s Mc Queen (1872) is related to—
(A) Lis pendens
(B) Ostensible owner
(C) Part performance
(D) Mortgage
Ans:-B
25. The principle of the maxim “nemo dat quad non habet” is incorporated in which of the following sections of T.P. Act?
(A) Sections 41, 42, 43 and 44
(B) Sections 41, and 42
(C) Sections 41 and
(D) Sections 41 and 43
Ans:-A
26. Doctrine of Marshalling has been provided in which of the following sections of the
T.P. Act?
(A) Sections 56 and 81
(B) Sections 56 and 82
(C) Sections 56, 81, 82
(D) Sections 81 and 82
Ans:-A
27. Section 58 (a) of the T.P. Act defines—
(A) Mortgage, mortgagor, mortgagee and mortgage money
(B) Mortgage, mortgagor, mortgagee and mortgage deed
(C) Mortgage, mortgagor, mortgagee, mortgage money and mortgage deed
(D) Mortgage, mortgagor, mortgage money and mortgage deed
Ans:-C
28. Under the Hindu Adoption and Maintenance Act, a mother is—
(A) Entitled to live along with her son’s family
(B) Not entitled to live along with her son’s family
(C) Morally entitled to her son’s care
(D) Entitled to have separate accommodation from her son
Ans:-D
29. Which of the following ancient forms of marriages were not approved by Hindu Law?
1. Gandharva
2. Arsha
3. Prajapatya
4. Asura
(A) 1, 2 and 3
(B) 2 and 3
(C) 3 and 4
(D) l and 4
Ans:-D
30. A boy of 17 years marries a girl of 15 years. The marriage is—
(A) Void
(B) Voidable
(C) Valid and not punishable
(D) Valid and punishable
Ans:-D
31. (A) marries ‘B’, the widow of his elder brother. The marriage is—
(A) Valid
(B) Void
(C) Voidable
(D) None of these
Ans:-B
32. An adoption made by a Hindu male without the consent of his wife is—
(A) Void
(B) Voidable
(C) Valid
(D) Invalid
Ans:-A
33. Coparcenary property of a Hindu—
1. Devolves by succession
2. Devolves by survivorship
3. Can be partitioned
4. Cannot be partitioned
Select the correct answer with the help of code give below—
Code:
(A) l and 2
(B) 2 and3
(C) l and 4
(D) 2 and 4
Ans:-B
34. The statement “While there is no rose which has no thorn but if what you hold is all thorn and no rose, better throw it sway” relates to-
(A) Restitution of conjugal rights
(B) Judicial separation
(C) Divorce by mutual consent
(D) Irretrievable break-down of marriage theory of divorce
Ans:-C
35. Under the Hindu Adoption and Maintenance Act, 1956 a female Hindu has the capacity to take a son or daughter in adoption if—
(A) She is not married
(B) She is married
(C) She is widow and has no son or daughter but has a widowed daughter-in-law
(D) She cannot adopt at all
Ans:-A
36. The Hindu Marriage Act, 1955 contains the provision regarding divorce in—
(A) Section 10
(B) Section 11
(C) Section 13
(D) Section 15
Ans:-C
37. Which Section of the Hindu Marriage Act provides for the restitution of conjugal
Rights?
(A) Section 9
(B) Section 10
(C) Section 12
(D) Section 13
Ans:-A
38. Which one of the following is not included in the term ‘Hindu’ used in the Hindu Marriage Act, 1955?
(A) Sikhs
(B) Jams
(C) Parsis
(D) Buddhists
Ans:-C
39. A marriage under the Hindu Marriage Act, 1955 between two persons within prohibited degrees of relationship is—
(A) Valid
(B) Void
(C) Voidable
(D) Irregular
Ans:-B
40. Adultery by a Hindu husband is—
(A) Ground of divorce only
(B)Not a ground of divorce
(C)Ground of judicial separation only
(D)Ground of divorce and Judicial separation of the both
Ans:-D
41. The natural guardian of a minor Hindu boy is—
(A) Only mother
(B) Only father
(C) Grand father
(D) Father and mother both
Ans:-D
42. Which one is not a source of Muslim Law?
(A) The Quran
(B) Shariat
(C) Hadis
(D) Ijmaa
Ans:-B
43. On the ground of fosterage a Muslim marriage is—
(A) Void (Batil)
(B) Vaild (Sahih)
(C) Irregular (Fasid)
(D) Muta
Ans:-A
44. Which of the following are sources of Muslim Law ?
(A) Quran
(B) Ijmaa
(C) Kiyas (Qiyas)
(D) All the above
Ans:-D
45. The legal guardian of a muslim minor female is—
(A) Father
(B) Grandfather
(C) Mother
(D) Maternal uncle
Ans:-C
46. Which one of the following is not essential for a valid marriage under Muslim Law?
(A) Offer and acceptance
(B) Competent parties
(C) Fosterage
(D) Free consent
Ans:-C
47. Dower in Muslim Law is—
1. Dowry
2. An obligation imposed upon the husband as a mark of respect for wife
3. Consideration for marriage
4. A legal right of the wife
Select the correct answer by using the code given below—
Code:
(A) 1,3 and 4
(B) 2 and 4
(C) 2,3 and 4
(D) 2 and 3
Ans:-C
48. Talak-ul-biddat is—
(A) Complete and irrevocable divorce
(B) Incomplete and irrevocable divorce
(C) Complete and revocable divorce
(D) None of the above
Ans:-A
49. In respect of family relations, the law applicable in India is—
(A) Secular law in India
(B) Statutory law
(C) Religious law
(D) Personal law of the parties
Ans:-D
50. Under the Constitution of India, all aspects of family law are in the—
(A) Union list
(B) State list
(C) Concurrent list
(D) None of the above
Ans:-C

Law Question Papers

Higher Judicial Service Model Objective Question Paper [ 1st Set]

2 Jun 2018 Advocatetanmoy

1. Objection as to place of suing shall be allowed in the Court of first instance is the essence of—
(A) Section-21 A of C.P.C.
(B) Section-20 of C.P.C.
(C) Section-22 of C.P.C.
(D) Section-21 of C.P.C.
Ans:-D

2. What type of officer is a SHO?
(A) A General Officer
(B) Officer incharge
(C) Deputy Chief Officer
(D) None of the above
Ans:-B

3. Which of the following statements is incorrect regarding history-sheets?
(A) History-sheet of class ‘B’ is for a period of three years and it need not be starred
(B) History-sheet of class ‘A’ for an active member of a gang of dacoits must be starred
(C) No history-sheet should be opened for persons with no permanent residence
(D) No history-sheet is required to be opened for a person detained under Section 109 of the Code of Criminal Procedure
Ans:-A

4. Which chapter of constitution deals with Subordinate Courts?
(A) Chapter 5
(B) Chapter 6
(C) Chapter 7
(D) Chapter 14 A
Ans:-B

5. Section-18 of the Civil Procedure Code provides for—
(A) Place of institution of suit in respect of immovable property where the property is situated in the jurisdiction of one court
(B) Place of institution of suit in respect of immovable property where the property is situated in the jurisdiction of different courts
(C) Place of institution of suits in respect of immovable property where the local limits of jurisdiction of courts are uncertain
(D) All the above
Ans:-C

6. Under which explanation of Section-11 of Civil Procedure Code Constructive Resjudicata has been explained?
(A) Explanation-I
(B) Explanation-II
(C) Explanation-III
(D) Explanation-IV
Ans:-D

7. Section-115 of the Civil Procedure Code provides for the following—
(A) Reference
(B) Review
(C) Revision
(D) Appeal to the Supreme Court
Ans:-C

8. Which of the following combinations are not correctly matched?
1. Execution of decree —Sec. 77, C.P.C.
2. Letter of request —Sec. 82, C.P.C..
3. Legal representative —Sec. 50, C.P.C.
4. Institution of suit —Sec. 28, C.P.C.
Select the correct answer using the codes given below—
Codes:
(A) 1,2 and 3
(B) 1,2 and 4
(C) 1,3 and 4
(D) 2,3 and 4
Ans:-B

9. ‘Decree holder’ means any person in whose favour a decree has been passed or an order cap4ble of execution has been made. This definition of the term ‘decree holder’ is mentioned under—
(A) Section-2(2), C.P.C.
(B) Section-2(3), C.P.C.
(C) Section-2(4), C.P.C.
(D) Section-2(d), C.P.C.
Ans:-B

10. “A barrister is instructed by an Attorney or Vakil that an important witness is a dacoit. This is a reasonable ground for asking the witness whether he is a dacoit.”
This illustration is based on which Section of the Indian Evidence Act?
(A) Section- 149
(C) Section- 147
(B) Section -153
(D) Section -145
Ans:-A

11. Legitimacy of child born during valid marriage is presumed under which Provision of the Indian Evidence Act?
(A) Section-l 15
(B) Section-114
(C) Section-112
(D) Section-113
Ans:-C

12. Which of the following is not correctly matched?
(A) Matrimonial communication —Section- 122
(B) Official communication —Section- 124
(C) Professional communication—Section- 126
(D) Confi1ential communication with legal advisers —Section 127
Ans:-D

13.‘Rejection of Plaint’ is mentioned under—
(A) Order VII Rule 11
(B) Order VI Rule 13
(C) Order VII Rule 12
(D) Order VIII Rule 4
Ans:-A

14. Order XXIII of the Civil Procedure Code applies to the following—
(A) Withdrawal of suits
(B) Appeals
(C) Execution proceeding
(D) All the above
Ans:-A

15. A decree may be executed by—
(A) Tehsildar
(B) Collector
(C) District Judge
(D) Either by the Court which. passed it or to which it is sent
Ans:-D

16. A witness, who is unable to speak, gives his evidence in writing in the open court; evidence so given shall be deemed to be—
(A) Primary evidence
(B) Secondary evidence
(C) Documentary evidence
(D) Oral evidence
Ans:-D

17. The Principle of Promissory Estoppel found its root—
(A) As an exception to the doctrine of consideration in the law of contract
(B) As a rule of future consideration in the law of contract
(C) As a rule of past consideration in the law of contract
(D) None of the above
Ans:-A

18.In which one of the following cases, the Supreme Court held that confession of co accused are very weak evidence and no conviction can be based solely on such confession?
(A) Nathu Vs. State of U.P.
(B) Ram Prakash Vs. State of Punjab
(C) Kashmira Singh Vs. State of M.P.
(D) None of the above
Ans:-C

19. “The burden of proof in a suit or proceeding lies on that person who would fail if no
evidence at all was given on either side.”
This provision is contained in which Section of the Indian Evidence Act?
(A) Section- 101
(B) Section- 111
(C) Section- 102
(D) Section- 113
Ans:-C

20. The principle that possession is prime facie proof of ownership is provided under—
(A) Section- 109 of the Evidence Act
(B) Section- 111 of the Evidence Act
(C) Section- 110 of the Evidence Act
(D) Section- 112 of the Evidence Act
Ans:-C

21. Which of the following does not find a mention as showing state of mind under Section-14 of the Evidence Act, 1872?
(A) Ill will
(B) Motive
(C) Good Faith
(D) Negligence
Ans:-B

22. Provisions have been made under certain Sections of the Indian Evidence Act regarding relevancy of certain facts. Match the entries of List-I and List-Il below and write the correct answer using the codes—
List-I (Facts)
(a) Opinion of Handwriting Expert
(b) State of relevant fact by person who is dead or cannot be found
(c) Previous good character in criminal cases
(d) Oral admissions as to contents of documents
List-II(Sections)
1. 22
2. 47
3. 32
4. 53
Codes:
(a)(b)(c)(d)
(A) 2 3 4 1
(B) 3 1 2 4
(C) 1 2 4 3
(D) 4 1 3 2
Ans:-A

23. Palvinder Kaur Vs. State of Punjab relates to which of the following?
(A) Confession
(B) Dying declaration
(C) Entries in the books of account
(D) Relevancy of judgements
Ans:-A

24. Which Section of the Indian Evidence Act, 1872 deals only with civil matters?
(A) Section-23
(B) Section-27.
(C) Section-53
(D) Section- 133
Ans:-A

25. Which one of the following is the correct statement ? “Full faith and credit” clause of the Constitution does not apply to—
(A) Public acts
(B) Public records
(C) Acts of corporation
(D) Judicial proceedings
Ans:-C

26. Match List-I with List-II and select the correct answer using the codes given below the lists.—
List-I
(a) India that is Bharat is a Union of States
(b) Liberty of Thought, Expression and Worship
(c) Freedom of Speech and Expression
(d) Protection of Interest of minorities

List-II
1. Preamble
2. Right to Freedom
3. Union and its Territory
4. Cultural and Educational Rights
Codes:
(a)(b)(c)(d)

(A) 1 2 3 4
(B) 2 1 3 4
(C) 3 1 2 4
(D) 4 3 2 1
Ans:-C

27. A fact is said to be ‘not proved’—
(A) When it is disproved
(B) When, after considering the matters before it, the court believes that it does not exist
(C) When a prudent man considers that the fact does net exist
(D) When it is neither proved nor disproved
Ans:-D

28. Which one of the following cases is on second appeal ?
(A) Madan Lal Vs. Bal Krishna
(B) Sudhir G. Angur Vs. M. Sanjeev
(C) Sheodan Singh Vs. Daryao Kunwar
(D) Harshad Chiman Lal Modi Vs. D.L.F. Universal Ltd.
Ans:-A

29. Dasti summons for service on the defendant can be given to the plaintiff under—
(A) Order V Rule 9A, C.P.C.
(B) Order V Rule 9, C.P.C.
(C) Order IV Rule 7, C.P.C.
(D) Order VI Rule 6, C.P.C.
Ans:A-

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