Legal Point: Solved Question Paper of Chhattisgarh Judicial Service (Pre) Examination, 2004

Chhattisgarh Judicial Service (Pre) Examination, 2004

Law

1. Decree shall be deemed to include the rejection of a plaint and the determination of any question within Section 144 of C.P.C.

A. Wrong

B. Right

C. It includes rejection of plaing but does not includes the determination of any question within Section 144 of C.P.C.

D. It includes determination of any question within Section 144 but shall not include the rejection of a plaint

Ans. (b)

2. Whether an issue heard finally decided by a competent court of limited jurisdiction, shall operate as resjudicata in a subsequent suit that the aforesaid court was not competent to try?

A. No

B. Yes

C. Answer would depend upon the nature of the issue

D. None of these

Ans. (b)

3. Under section 34 of C.P.C. court can award interest from the date of decree to the date of payment or such earlier date as the court thinks fit. Rate of such interest shall not exceed…per annum.

(A) Nine percent (B) Ten days

Ans. (c)

4. Caveat shall not remain in force after expiry of-

(A) Ninety days (B) Sixty days

Ans. (a)

5. Where the plaint has been rejected the plaintiff on the same cause of action-

A. May file new suit

B. Can’t file new suit

C. May present with the leave of High Court

D. None of these

Ans. (a)

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

A. The Naib Tahsildar

B. The Nazir

C. The Collector

D. The Commissioner appointed by the court

Ans. (c)

7. During the proceeding of execution of a decree, a question arises as to whether any person is or not the representative of a party, such question shall be determined by-

A. The Court which passed the decree

B. The Court executing the decree

C. The appellate Court

D. A Separate Suit

Ans. (b)

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

A. The General Manager of the Railway

B. A Secretary to the Central Government

C. The Collector of the District

D. The Station Master of the Railway

Ans. (a)

9. During service of summons defendant was found absent from his residence and within reasonable time no chance to get back at his residence, service of the summons may be made on-

(A) On servant (B) Minor daughter

Ans. (c)

10. In which condition the officer incharge of the prison may refuse to produce the prisoner for evidence despite court’s order-

A. Where the prisoner is related to Rulling party

B. Where the prisoner is Ex-Minister

C. Where the prisoner is Government Servant

D. Where Medical officer has certified prisoner is unfit to be removed.

Ans. (d)

11. A Suit may be dismissed where, after a summons has been issued to the defendant and returned unserved, plaintiff fails the apply for fresh summons for the period of-

A. Seven days

B. Sixty days

C. One month

D. Two months when the plaintiff fails to apply for fresh summons from the court

Ans. (a)

12. Where any party dies after conclusion arid before pronouncing Judgement-

A. The suit shall abet

B. The suit shall not abet

C. the suit shall not abet if cause of action services

D. It depends on the discretion of the court whether is shall abet or not

Ans. (b)

13. After the passing of decree for payment of money, on the application of the judgement debtor court shall not order that payment of amount of decree shall be made by installments-

A. Without recording evidence of both parties

B. Without obtaining affidavits from both parties

C. Without obtaining documents regarding the financial position of the debtor

D. Without of consent of decree holder

Ans. (d)

14. Where an indigent person succeeds, the court fee shall be recovered-

A. From the defendant

B. By the State govt.

C. Not recoverable

D. From the plantiff

Ans. (b)

15. Appointment of receivers of any property can be made when-

A. Before decree

B. After decree

C. Only appellate court can made order

D. It appears to the court to be just and convenient whether before or after decree

Ans. (d)

16. Right of private defence of the body extends to voluntarily causing death if the offence which occasions the exercise of right-

A. Reasonably causes apprehension that death will be caused

B. Reasonably causes an apprehension of simple hurt

C. recovery to be made from thief who escaped

D. When the person is escaping after causing hurt

Ans. (a)

17. Which of the following punishment cannot be awarded under the Indian Penal Code-

A. Forfeiture of property

B. Rigorous imprisonment

C. Transportation for life

D. Death

Ans. (c)

18. Nothing is an offence which is done by a child below the age of -

A. Eight years

B. Ten years

C. Seven years

D. Twelve year

Ans. (c)

19. What is not correct about 'Rape'?

A. Consent is immaterial if she is U/16 years

B. Penetration is 'sufficient

C. Intercourse by a man with his own wife and the wife is not being under 15 years, is not rape

D. Death penalty may be awarded

Ans. (d)

20. 'A' instigates 'B' to instigate 'c' to murder 'Z'. 'B' accordingly instigate 'c' to murder 'Z' and 'c' commits that offence in consequence of 'B's instigation. 'A' is-

A. Not guilty of any offence

B. Not guilty of abetting murder

C. Guilty of abetment by conspiracy

D. Guilty of abetting murder

Ans. (d)

21. What is the offence, where preparation of offence is also punishable?

A. Theft

B. Dacoity

C. Murder

D. Rape

Ans. (b)

22. Z stikes B . B is by this provocation excited to violent rage. 'A' a by stander, intending to take advantage of 'B"s rage and to cause him to kill 'Z' puts a knife in to 'B."s hand for that purpose. 'B' kills 'Z' with knife. What offence 'A' is guilty of?

A. Culpable homicide not amounting to murder

B. Abetting culpable homicide

C. Attempt to murder

D. Murder

Ans. (d)

23. What punishment may be awarded to the person whose act is covered under general exceptions?

A. No punishment

B. Half of the punishment prescribed for that offence

C. One fourth of the punishment prescribed for that offence

D. Depends upon discretion of the court

Ans. (a)

24. 'A' finds the key to 'V's house door, which 'V' had lost and commits home trespass by entering 'V"s house having opened the door with that key. What offence has 'A' committed?

A. Lurking house trespass

B. Criminal misappropriation

C. Attempt to commit theft

D. House breaking

Ans. (d)

25. 'A' in good faith says of a book published by 'Z' that Z's book is indecent, 'Z' must be a man of impure mind. Is this defamation punishable u/s 500 of IPC?

A. Yes, because the opinion respects '2"s character

B. No, because it falls within one of the exceptions of Section 499 of IPC

C. No, because it is slander

D. No, because it has not been repeated

Ans. (b)

26. Which is not the stolen property?

A. Possession whereof was obtained by cheating

B. Possession whereof was obtained by robbery

C. Possession whereof was obtained by dacoity .

D. Possession whereof was obtained by criminal breach of trust

Ans. (a)

27. Any hurt is 'grevious' if it causes the sufferer to be in severe bodily pain or unable to follow his ordinary pursuits during the space to-

(A) Fifteen days (B) Twenty days

Ans. (b)

28. Under Section 498 A cruelty means mental and physical torture-

A. Right

B. Wrong

C. Only-demand of dowry includes

D. Only physical torture includes

Ans. (a)

29. Whoever kidnaps or abducts any child with intention of taking dishonestly any movable property from the person of such child, be punished under Section 369 of I.P.C, if child is under-

(A) Ten years (B) Twelve years

Ans. (a)

30. 'A' makes an attempt to pick the pocket of B by trusting his hand into 'B’s pocket. A falls in attempt in consequence of 'B"s having nothing in his pocket. A is guilty of-

A. None offence

B. Theft

C. Attempt of theft

D. Using criminal force

Ans. (c)

31. Warrant case means a case

A. In which a police officer cannot am without warrant

B. In which the court in first instances issue a warrant of arrest against accused

C. Relating to an offence punishable will imprisonment for a term not exceeds 2 years

D. Relating to an offence punishable with death, for life or for a term exceeding two years

Ans. (d)

32. In a first information an offence is cognizable and other is non cognizable the whole can shall be deemed to be-

A. Congnizable

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)

33. The court magistrate 1^st class may pass a sentence of imprisonment for a term not exceeding-

(A) Three years (B) Five years

Ans. (a)

34. The maximum term of imprisonment awardable in a summary trial is-

A. Three moths

B. Six months

C. One year

D. Two years

Ans. (a)

35. Whenever a Magistrate is of opinion, after hearing the evidence for prosecution and the accused, that the accused is guilty and that he ought to receive a severe punishment, than such Magistrate is empowerd to inflict, the magistrate may forward the case to-

A. Session Judge

B. Chief Judical Magistrate

C. District Magistrate

D. Concerned Police Station

Ans. (b)

36. Inherent powers, under Section 482 Cr.P.C. can be exercised by-

A. Any Criminal Court

B. The Supreme court only

C. the court of Session and High Court.

D. The High Court

Ans. (d)

37. When the person who would otherwise be competent to compound an offence under Section 320 of Cr.P.C. is dead, then-

A. Offence cannot be compounded

B. Offence can be compounded by any eye witness

C. Offence can be compounded by the legal representative of such person without the consent of the court

D. legal representative of such person can compound the offence with the consent of the court

Ans. (d)

38. When will proceeding be vitiated if the Magistrate is not empowered to do so?

A. To issue a search warrant U/S 94 of CR.P.C

B. To hold an inquiry U/S 176 of CR.P.C.

C. Tries an offender summarily

D. to tender a pardon under Section 306 of CR.P.C

Ans. (c)

39. No wife shall be entitled to receive maintenance from her husband U/S 125 of CR.P.C

A. She has obtained a divorce from her husband and has not remarried

B. She is unable to maintain herself

C. She refused tolive with her husband on the ground that keeps a mistress

D. She is living on adultery

Ans. (d)

40. If a person in lawful custody escapes, the person from whose custody, he-escaped may, immediately pursue and arrest him-

A. Within Local limits of the police station concerned

B. Within Local limits of the District

C. With Local limits of the state

D. In any place in INDIA

Ans. (d)

41. What is true about Court of sessions?

A. It can take cognizance without committal

B. It can't take cognizance without committal

C. It can take cognizance on OM's recommendation

D. It can take cognizance if chalan put up by S.P.

Ans. (b)

42. In relation to F.I.R., which of the following statements is not correct?

A. It is not a substantive evidence

B. It merely marks the begining of the investigation

C. It cannot be used as a previous statement for any purpose

D. The informant" need not be an eye witness

Ans. (c)

43. If in a criminal appeal an accused dies and his near relatives wish to continue, within how much time they must apply?

(A) Four months (B) Three months

Ans. (d)

44. Three year period of limitation is prescribed for taking cognizance of the offence punishable with imprisonment for a term not exceeding-

(A) One year (B) Three ycar

Ans. (b)

45. In relation to expressions defined in S. 3 of the Indian Evidence Act which of the following statement is not correct?

A. Facts include not only physical facts but also psychological facts

B. Court includes Arbitrators

C. An inscription on a stone is a document

D. A fact is said to be not proved when it is neither proved nor disapproved

Ans. (b)

46. A voluntarily confession is admissible in evidence-

A. When made to a police officer

B. To Magistrate having competent jurisdiction

C. To a village sarpanch with request to save him from police

D. Where it leads to no discovery of facts and made to the police officer

Ans. (b)

47. For proving execution of a registered will-

A. Be necessary to call at least two attesting witness

B. Be necessary to call at least one attesting witness .

C. Not necessary to call any attesting witness

D. be necessary to call the registrar

Ans. (b)

48. Unless non-access is proved, the presumption as to legitimacy of any child born during the continuance of a valid marriage between his mother and any man is-

A. Rebuttable presumption of law

B. Presumption of fact

C. Mixed presumption of law and fact

D. Irrebuttable presumption of law

Ans. (d)

49. Admissions are-

A. Conclusive proof

B. May operate as estoppels

C. Always irrelevent

D. None of the above

Ans. (b)

50. 'A' is charged with travelling on a railway without ticket, the burden of proving that 'A' had a ticket is on-

(A) Ticket cheker (B) Railway

Ans. (c)

51. 'A' document is said to be in the handwritten' of A'. That document is produced from proper custody. If the document is purporting or proved to be-

(A) Thirty (B) Fifteen

Ans. (a)

52. What number of witnessess will be required for the proof of any fact?

A. No particular number

B. At least one eye witness

C. Two witnesses with regard documents

D. One party and one witness

Ans. (a)

53. Leading question-

A. May be asked in examination in chief

B. May be asked in cross-examination

C. May be asked in re-examination

D. Cannot be asked in any circustances

Ans. (b)

54. Which of the following statements is correct

A. Estoppel is a rule of Evidence

B. Estoppel form record constitutes bard resjudicata

C. There can be estoppel on a point of law

D. There can be estoppel when the truth the matter is known to both parties

Ans. (b)

55. The question is, whether' A' committed a crime at Kolkata on a certain day. The fact that on that day 'A' was at Chennai is relevant

A. As a motive for fact in issue

B. As introductory to fact in issue

C. As preparation of relevant fact

D. As it makes the existence of fact issue highly improbable

Ans. (d)

56. A person summoned to produce a document when produces the document then-

A. He becomes a witness

B. He cross-examined by both the parties

C. He is cross-examined with the permission of the court

D. He does not become witness and cannot cross-examined unless and until he is called as a witness.

Ans. (d)

57. The examination, after the cross-examination of a witness by the party who has called him, is called-

A. Main examination

B. Additional cross-examination

C. Re-examination

D. Re-cross examination

Ans. (c)

58. Which of the following is not an 'accommodation' as defined in 2(a) of the G.G.A.C. Act-

(A) House (B) Agriculture land

Ans. (b)

59. Who is not a land lord for the purpose of Section 23 (J) of G.G.A.C. Act-

A. A retired servant of any Government

B. A servant of any Government

C. A 'divorce wife

D. A handicapped person

Ans. (b)

60. Where an order for the eviction of tenant is made on the ground that the residence for himself, the landlord shall not be entitled to obtain possession thereof before the expiration of period of-

(A) Two months (B) Three months

Ans. (a)

61. No Court shall take cognizance of an offence punishable under Accommodation Control Act, unless the complaint in respect of the offence has been made within-

A. Six months

B. One year

C. Three years

D. Three months from the date of commission of the offence

Ans. (d)

62. After the service of notice of demand, no suit for eviction of a tenant on the ground of default in payment of arrears of rent shall be instituted until the expiration of-

(A) One month (B) Tow months

Ans. (d)

63. The rent controlling Authority should not below the rank of-

A. Tahsildar

B. Asst. Supd. land records

C. Deputy collector

D. Civil Judge

Ans. (c)

64. A landlord making false the frivolous application U/S 23A of A.C. Act may be saddled with compensatory costs not exceeding-

(A) Six months (B) Nine months

Ans. (a)

65. Essential supply enjoyed by a tenant in respect of the accommodation let to him is cut off by the landlord. Who will make an order to restore such supply?

A. Collector

B. Civil Court

C. Rent Controlling Authority

D. Municipal Corporation or Municipality as the case may be

Ans. (c)

66. On the complaint of tenant if he is satisfied that the landlord without any reasonable cause refused to accept rent he may levy on the landlord a fine who is he?

A. Judicial Magistrate

B. Rent controlling Authority

C. District Magistrate

D. District Judge

Ans. (b)

67. No court shall take cognizance of an offence punishable under the Accommodation Control Act, unless the complaint in respect of the offence has been made within-

A. Six month's

B. One year

C. Three years

D. Three months from the date of commission of the offence

Ans. (d)

68. Which is not the immovable property?

A. A lease of land

B. Growing crops

C. A right of way

D. A life in terest in the income - of immovable property

Ans. (b)

69. In which of the following cases, a transfer of immovable property can be made without writing-

A. Sale of property of a value more than Rs.100

B. Lease for a term of 11 months.

C. Exchange

D. Actionable claim

Ans. (b)

70. the doctrine of Lispendese applies where-

A. The suit is collusive

B. The transfer is made after the decree but before the filing of an appeal

C. Right to movable property is in question

D. Property is situated outside the territorial jurisdiction of the court

Ans. (b)

71. What kind of property is transferable?

A. Right of re-entry

B. Public Office

C. Any kind of property if not prohibited bylaw

D. Pension

Ans. (c)

72. 'Attested' in relation to an instrument means and shall be deemed always to have mean attested by at least-

A. One witness

B. Two witnesses

C. Three witnesses

D. Four witnesses

Ans. (b)

73. Whether a transfer can be made in favour of an unborn person?

A. Yes, by machienry of trust

B. Yes

C. Guardian has got to be appointed first

D. None of the above

Ans. (a)

74. A mortgage by deposit of title deeds is called-

A. Anomalous mortgage

B. English mortgage

C. Equitable mortgage

D. Usufructuary

Ans. (c)

75. A lease of immovable property from year to year is terminable, on the part of either lessor or leasee, by

A. One month

B. Six month's

C. Three month's

D. Sixty days notice expiring with the end of a year of the tenancy

Ans. (b)

76. Which of the following transfer is valid?

A. An unregistered usufructuary mortgage for Rs. 99/-

B. An unregistered gift of immovable property for the value of Rs. 99

C. An oral lease of immovable property from year to year .

D. An oral assignment of debts

Ans. (a)

77. In which of the following cases, a lease immovable property doesn't determine?

A. By efflux of time limited there

B. By express surrender

C. On the service of a notice of guilt

D. By forfeiture

Ans. (c)

78. What is not required in Gift?

A. Donor and Donee

B. Consideration

C. Movable or immovable property

D. Transfer and acceptance

Ans. (b)

79. What will be effect of mistake of the law' force in India on the agreement?

(A) Not voidable (B) Voidable

Ans. (a)

80. "A" promises for no consideration to give to 'B" Rs. 1000 (one thousand rupees) agreement is-

A. Voidable

B. Void

C. Enforeable

D. Not enforceable on being in writing

Ans. (b)

81. which of the following is not a quasi-contract?

A. Obligation of person enjoying benefit non-gratuitous act

B. Responsibility of finder of goods

C. Quantum Meriut

D. Novation

Ans. (d)

82. Where no application is made and no time is specified for performance of promise, there the agreement be performed within-

A. Three years

B. Two years

C. One year

D. Reasonable time

Ans. (d)

83. A proposal when accepted-

A. Becomes a promise

B. Becomes an agreement

C. Becomes a contract

D. Becomes a consideration

Ans. (a)

84. Every agreement in restraint of the marriage on any person other than a minor-

A. Is voidable

B. Is illegal

C. Is void'

D. Is valid

Ans. (c)

85. "X" hires a carriage of "Y". The carriage is unsafe, though "Y" is not aware of it and "X" is injured. For the injury to "X". "Y" is-

A. Liable

B. Not liable

C. Liable to the extent of 50%

D. None of these

Ans. (a)

86. X entrust Y with negotiable instruments endorsed in blank. Y sells them to Z is violation of private orders from X. The sale is-

(A) Void (B) Valid

(D) Voidable at the option of Z

Ans. (b)

87. "A" suplles "B" a lunatic, with necssaries suitable to his condition in his life. Whether "A" is entitled for reimbursement from the property of "B"-

A. No

B. Yes, if the value of property si more than one lakh

C. Yes

D. None of these

Ans. (c)

88. Which of the following statement is correct in relation to sub-agent?

A. He is employed by the principal in the business of the agency

B. He is employed by the original agent in the business of the agency

C. He acts under the control of the principal

D. The agent is not responsible to the principal for acts of the sub-agent

Ans. (b)

89. "A" gives authority to "B" to sell 'A's land and to pay himself out of the proceeds. The debts due to him from A. In the absence of an express contract-

A. "A" can revoke this authority

B. Authority cab be terminated by the insanity of "A"

C. Authority can be terminated by the death of "A" "

D. "A" cannot revoke this authority nor can it be terminated by his death or insanity

Ans. (d)

90. The jurisidiction to decide any dispute to which the state Govt. is not a party relating to any right which is recorded in the record of rights is concerned on-

A. Civil-Court

B. Tahsildar

C. Sub-division officer

D. Collector

Ans. (a)

91. Agriculture does not include-

A. Horticulture

B. The planting and unkeep of orchards

C. The serving of land for fodder, grazing of thatching grass

D. Forest of big bushes

Ans. (d)

92. Who is not a Revenue Officer?

A. Settlement Officer

B. Revenue Inspector

C. Asstt. Suptd. land record

D. Naib Tahsildar

Ans. (b)

93. Land revenue for different lands will be assessed by-

A. Collector

B. Settlement Officer

C. Settlement Commissioner

D. Commissioner of Div.

Ans. (a)

94. Which one of the following shall not be taken into account in estimating the cost of cultivation'

A. market value of the land

B. The depreciation of stock and buildings

C. The money equivalent of the cultivator's labor and supervision

D. The money equivalent of the cultivator's family's labor and supervision

Ans. (a)

95. No usufructuary mortgage of any land by a 8humiswami shall be valid if it is for a period exceeding-

A. 5 years

B. 6 years

C. Seven years

D. 10 years

Ans. (b)

96. Where Bumiswami desires to take his land back possession whereof was taken by Tahsildar U/S 176 of the land reserve code he should apply within-

A. Three years form the commencement of nect agriculture 'years

B. Two years from the commencement of next agriculture year

C. One year from the- commencement of the next agriculture year

D. Six months from the commencement of next agriculture year

Ans. (b)

97. In respect of which of the following matters, jurisdiction of civil court is not excluded-

A. Electment of a government lessee

B. Restoration of possession to an occupancy tenant

C. Any claim to modify and entry in the Nistar patrak

D. Partition holding

Ans. (b)

98. For recovery of arrears of land revenue the following shall not be attached and sold-

A. Cooking vessels of the defaulter

B. Less than six hectares of land held by the defaulter in any sheduled area

C. Is the defaulter is an agriculturist implements of husbandry driven by mechanical power

D. Tools of artisans

Ans. (c)

99. The Term of settlement shall not be than

(A) 100 years (B) 50 years

Ans. (c)

100. Where the Bumiswami effects a mortgage the amount of interest U/165 (3) of lam Cost shall not exceed-

A. Equal to principal amount

B. One-fourth of the principal amount

C. Half of the principal amount

D. One-third of the principal amount

Ans. (c)

Courtesy:-

Legal Point Foundation

Legal Point

02 March, 2016

Solved Question Paper of Chhattisgarh Judicial Service (Pre) Examination, 2004

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