Legal Point: Solved Question Paper of Delhi Judicial Examination, 2007

Delhi Judicial Examination, 2007

1. The court may strike out any matter is any pleading

A. which may be unnecessary, scandalous, frivolous or vexatious

B. which may tend to prejudice, embarrass or delay the fair of the suit

C. which is an abuse of the process of the court

D. all of the above

Ans. (d)

2. Every allegation of fact in the plaint, if not denied specifically except as against a person under disability shall be taken to be

A. untraversed

B. admitted

C. proved

D. none of the above

Ans. (b)

3. Where it appears to the court that there exist element of a settlement the court shall

A. decide the matter itself

B. refer the same for arbitration, conciliation or mediation

C. leave the matter undecided

D. none of the above

Ans. (b)

4. A suit relating to immovable prop. shall be instituted at a place

A. where the defendant resides

B. where the prop. is situated

C. either A or B

D. none of the above

Ans. (b)

5. Jurisdiction of a court is decided by

A. subject matter of the dispute

B. pecuniary value of the suit

C. place where the dispute arose

D. all of the above

Ans. (d)

6. The proceedings in a case shall be in camera

A. matrimonial

B. maintenance

C. testamentary & intestable succession

D. all of the above

Ans. (a)

7. Ex parte decree can be set aside under

A. O.9 R.7

B. O. 9 R. 9

C. O. 9 R. 13

D. None of the above

Ans. (c)

8. A citizen of India committing an offence outside India may be tried under IPC 1860. (True or false)

A. True

B. false

Ans. (a)

9. Nothing is an offence which is done by a child who has not attained sufficient maturity of understanding to judge the nature & consequence of his conduct on that occasion.

A. below 7 years

B. between 7 and 12 years

C. below 14 years

D. none of the above

Ans. (b)

10. Culpable Homicide is not murder if done under

A. intoxication

B. sudden & grave provocation

C. irresistible impulse

D. all of the above

Ans. (b)

11. Five person took away the purse of A at the point of a knife, they have committed the offence of

A. Theft

B. Robbery

C. Dacoity

D. All of the above

Ans. (c)

12. A person whisked away a child below ten years of age who does not have parents or any lawful guardian the offence is

A. kidnapping

B. abduction

C. child trafficking

D. no offence

Ans. (c)

13. Solitary confinement is permissible under IPC

A. Yes

B. No

Ans. (a)

14. Where the offence is punishable with fine and imprisonment how much punishment in lieu of fine can be awarded

A. six months

B. ¼ of max. punishment

C. ½ of max. punishment

D. none of the above

Ans. (b)

15. In an adultery the women is punishable as

A. abettor

B. Co-accused

C. not punishable

D. none of the above

Ans. (c)

16. Cruelty U/s 498 A includes

A. willful conduct likely to drive the women to commit suicide

B. willful conduct likely to cause grave injury danger to life, limb or health

C. harassment with a view to coerce her to meet any unlawful demand of dowry

D. all of the above

Ans. (d)

17. When a criminal act is done by several persons in furtherance of common intention of all each of them is liable

A. for individual act

B. as if it were done by each alone

C. both A & B

D. none of the above

Ans. (b)

18. For an unlawful assembly the required No. of person is

(A) 3 (B) 4

Ans. (c)

19. Whoever, being under sentence of imprisonment to life commits murder, shall be punished with death.

A. True

B. False

Ans. (b)

20. Which of the act amounts to grievous hurt

A. beating with a hockey stick

B. emasculation

C. both

D. none of the above

Ans. (b)

21. When an investigation can’t be completed within 24 hrs depending upon the facts & circumstance of each case magistrate can order a person to remain in custody for

A. 15 days

B. 60 days

C. 90 days

D. all of the above

Ans. (d)

22. A metropolitan magistrate may pass a sentence upto

A. 3 years

B. 5 years

C. 7 years

D. None of the above

Ans. (a)

23. If an accused before a sessions court cant engage a pleader the court shall

A. refer him to state legal service authority

B. engage a pleader for him at state expenses

C. proceed with the matter without counsel for accused

D. none of the above

Ans. (b)

24. Whether an offence is compoundable or not is provided under which provision of Cr. P.C.

A. Sch. I

B. Sch. II

C. either A or B

D. none of the above

Ans. (d)

25. An offence punishable with punishable exceeding two years is Triable as

A. Summons case

B. warrant case

C. both

D. either A or B

Ans. (b)

26. If any court has been reason to believe that a person against whom a warrant is issued is absconding or concealing himself, the court may issue a proclamation. The person above mentioned should be

A. accused

B. witness

C. any person

D. any of above

Ans. (d)

27. A plea bargain can’t be effected in which of the cases

A. where the offence is punishable with imprisonment exceeding 7 years

B. where the offence is against a woman

C. where the offence is against a child below 14 years

D. all of the above

Ans. (d)

28. In a plea bargain who may participate

A. police officer investigating the case

B. victim

C. accused

D. all of the above

Ans. (d)

29. A court may issue a search warrant

A. where such document is not known to the court to be in possession of any person

B. where the court consider that the purpose of any inquiry, trial or other proceeding will be served by general search or inspection

C. where the court has reason to believe that a person upon requisition will not or would not produce the document or thing

D. all of the above

Ans. (d)

30. Which is true about recording a confession by a magistrate

A. a police officer should be present so that the accused may not flee

B. the magistrate should warn that it is not necessary for the accused to confess

C. prior to confession he should be left in police custody for some time

D. all of the above

Ans. (b)

31. A person arrested should be presented before a Magistrate (excluding time for journey to the court) within

A. 24 hours

B. 48 hours

C. 72 hours

D. none of the above

Ans. (a)

32. Duty of a person making arrest includes

A. giving information regarding the arrest and place of detention to any of his friends, relatives or nominees

B. informing the person of his rights as soon as he is brought to the police station

C. an entry of the fact as to who is the person informed, in a book kept in police station for this purpose

D. all of the above

Ans. (d)

33. A person having sufficient means, rejecting to maintain his parents is liable to

A. maintain the parents

B. arrest

C. forfeiture of his property

D. all of the above

Ans. (a)

34. No court shall take cognizance of an offence after expiry of period of limitation which.

A. six months, if offence is punishable fine only

B. one year, if punishable imprisonment for a term not ex one year

C. 3 years, if punishable w imprisonment for a term exceeding year but not exceeding 3 years

D. all of the above

Ans. (d)

35. A magistrate may take cognizance of an offence

A. on police report

B. on private complaint

C. suo motu

D. all of the above

Ans. (d)

36. Maximum No. of partners in a company is prescribed under

A. Indian Partnership Act 1932

B. Indian Companies Act 1956

C. Indian Trust Act

D. none of the above

Ans. (b)

37. A partner collecting money on behalf of the Firm and directed to use money for purposes of Firm does not deposit the money in bank account of the firm, he is liable for

A. for criminal breach of trust

B. civil breach of trust

C. either A or B

D. both A or B

Ans. (b)

38. Which is incorrect regarding implied authority of a partner.

A. he can compromise suits or behalf of firm

B. he can transfer immovable properties of firm.

C. he can enter into partnership on behalf of the firm.

D. all of the above

Ans. (d)

39. A partnership not for any fixed duration is:

A. partnership at will

B. indissoluble partnership

C. either A and B

D. none of the above

Ans. (a)

40. Which of the following is a strong but not sufficient test of partnership

A. sharing of profits

B. sharing of losses

C. either of the two

D. none of the above

Ans. (a)

41. An HUF can enter into partnership with

A. individual

B. partnership

C. HUF

D. none of the above

Ans. (d)

42. A is a partner in a firm. B without knowing and not believing him to be a partner enter into a contract with A. The firm is liable for contract.

A. if the benefit of contract has gone to firm

B. even if the benefit has not gone to firm

C. not liable

D. either A or B

Ans. (c)

43. Mediation procedure is similar to arbitration

A. true

B. false

Ans. (b)

44. Limitation act applies to arbitration as it applies to any other civil proceedings

A. true

B. false

Ans. (a)

45. Interim measure by a court under Arbitration & Concilliation Act 1996, includes

A. appointment of receiver

B. securing the amount in dispute in arbitration

C. the preservation, interim custody or sale of goods which are subject matter of arbitration agreement.

D. all of the above

Ans. (d)

46. An arbitration award is enforceable as a decree if not challenged.

A. true

B. false

Ans. (a)

47. A suit for recovery of money is filed after 4 years. The court can condone the delay.

A. ex-parte

B. after notice to the defendant

C. either (A) or (B)

D. none of the above

Ans. (d)

48. In computing the period of limitation for an appeal the time required for taking the copy of decree or judgement is excluded

A. if an application has been made

B. even if an application has not been made

C. either (A) or (B)

D. none of the above

Ans. (a)

49. Which is not a condition for valid Hindu marriage

A. neither party has a spouse living at the time of marriage

B. if the age of parties is above 18 years and below 21 years of age

C. the partners are not within the degrees of prohibited relationship unless the custom or usage governing each of the them permits of a marriage between the two

D. the partners are not Sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two

Ans. (b)

50. In a Sale by sample, the implied condition is

A. the bulk of goods will correspond with sample

B. the buyer shall have a reasonable opportunity of comparing the bulk with sample

C. that the goods shall be free from any latent defect

D. all the above

Ans. (d)

51. Civil Court's jurisdiction is not bared In proceedings under

A. Industrial disputes act

B. income-tax recovery under income-tax act

C. Administrative Tribunal Act

D. none of the above

Ans. (d)

52. Which is a case on Injuira Sine

A. Ashby v. White

B. Winterbottom v. Right

C. Donogue v. Stevenson

D. none of the above

Ans. (a)

53. For a party to be vicariously liable the relationship should be that of

A. principal & agent

B. master & servant

C. employer & employee

D. all of the above

Ans. (d)

54. The courts power of granting specific performance is not equitable

(A) true

(B) false

Ans. (b)

55. Which contract is specifically enforceable

A. contract of marriage

B. contract by B to deliver a lecture of law at Delhi University

C. a contract by B with A to supply goods as & when A requires

D. none of the above

Ans. (d)

56. A contract between two parties, both labouring under mistake of law is

A. void

B. voidable

C. non-est

D. negotiable

Ans. (d)

57. A is surety for B for a loan of Rs. One lac which B defaulted. A is liable for

A. Rs. One lac

B. not liable

C. liable to recover it from B and to pay to crealce

D. none of the above

Ans. (a)

58. A contract is voidable if it is caused by concealment of a material fact by someone who is under duty to speak because it is

A. misrepresentation

B. fraudulent

C. under influence

D. none of the above

Ans. (b)

59. A contract is entered into between A & B to supply garments where A is an exporter in garments. The contract is

A. a contract to supply all the garments

B. a contract to supply only export quality garment

C. void

D. none of the above

Ans. (c)

60. A frustration of contract entails if the performance is

A. commercially impossible

B. restricted by govt. rules & regulations

C. destruction of subject matter

D. all of the above

Ans. (c)

61. Test identification parade should conducted by

A. a police officer not below rank of sub-inspector

B. a magistrate

C. any person

D. all of the above

Ans. (b)

62. public document includes

A. record of tribunal

B. record of court

C. record of public officers

D. all of the above

Ans. (d)

63. Inscription on metal plate is a document

(A) true

(B) false

Ans. (a)

64. Secondary evidence includes

A. certified copy of a court's judgement

B. oral account by any person of a document who has seen it

C. copies prepared or compared originals

D. all of the above

Ans. (d)

65. A person is seen with same bank immediately after a theft in bank. The presumption is

A. he has stolen the money

B. he has received the stolen money requires knowledge

C. either (A) or (B)

D. None of the above

Ans. (c)

66. An Expert under Evidence Act Is a person

A. who speaks fluent English

B. expert in detecting lies

C. having requisite skills on a matter upon which he is giving opinion

D. none of the above

Ans. (c)

67. Dying declaration may be made to a

A. doctor

B. magistrate

C. any other person

D. all of the above

Ans. (d)

68. Court can take judicial notice

A. that Amitabh Bachchan is a famous

B. that M.F. Hussain is a veteran pan

C. that Bentham was a renowned JUT

D. none of the above

Ans. (d)

69. Good character of a person is relevant in criminal proceedings

(A) true

(B) false

Ans. (a)

70. Electronic record is a evidence

(A) true

(B) false

Ans. (a)

71. There is a presumption of genuineness regarding the cause list on the Delhi High Court's Website

(A) true

(B) false

Ans. (a)

72. Burden of proof in a criminal proceeding is upon

A. the prosecution

B. accused

C. victim

D. none of the above

Ans. (a)

73. A will is

A. registerable at the option of testator

B. compulsorily registerable if related to immovable prop.

C. compulsorily registerable if related to movable prop.

D. none of the above

Ans. (a)

74. Notice to terminate non-agricultural tenancy shall be

A. of 15 days

B. in writing

C. signed by the person giving notice or his authorised agent

D. all of above

Ans. (d)

75. Exception to the defence of volenti non fit Injuria

A. rescue cases

B. in England unfair terms contract act

C. either (A) or (B)

D. both (A) and (B)

Ans. (d)

76. President of India is elected by

A. members of both houses of parliament

B. members of state legislature assemblies

C. elected members of both houses of parliament and legislative assemblies of the states

D. none of the above

Ans. (c)

77. Position of President of India is like

A. British Monarch

B. President of USA

C. German Chancellor

D. President of Canada

Ans. (a)

78. Highest law officer of state is

A. Attorney General

B. Advocate General

C. Solicitior General

D. None of the above

Ans. (b)

79. Appointment of H.C. judges is done by

(A) President (B) Governor

Ans. (a)

80. Which of the following is merely a constitutional right & not a fundamental right

A. Right to life & liberty

B. Right to property

C. Right to form association

D. Right to move throughout India

Ans. (b)

81. Basic structure of Constitution can be amended

A. by simple majority

B. by 2/3 majority

C. by special majority and ratification by half of states

D. none of the above

Ans. (d)

82. Doctrine of Basic structure was laid down in

A. Keshavanand Bharti case

B. Golaknath case

C. Maneka Gandhi case

D. none of the above

Ans. (a)

83. DPSP are taken from constitution of

(A) USA (B) Canada

Ans. (c)

84. Constitution of India was adopted in

A. 26^th January 1950

B. 26^th November 1949

C. 15^th August 1947

D. 2^nd October 1950

Ans. (b)

85. Which is not a Constitutional Commission

A. Law Commission

B. Finance Commission

C. Election Commission

D. UPSC

Ans. (a)

86. Attorney General holds office till the pleasure of

A. Parliament

B. Prime Minister

C. President

D. Government of India

Ans. (c)

87. DPSP are

A. justiciable

B. non justiciable

C. enforceable

D. none of above

Ans. (b)

88. The President has the power to commute the sentence of any person

A. in all cases where the punishment or sentence is by a court martial

B. if it is for an offence against any law to with the exclusive powers of the union extends

C. in all cases where a sentence is a sentence of death

D. all of the above

Ans. (d)

89. Power of judicial review of court includes

A. suprintendence power over inferior courts

B. power to review its own judgement

C. power to review the judgement or order of inferior tribunals

D. none of the above

Ans. (c)

90. In a case of murder by A of B which facts are relevant

A. that A left immediately the place of crime before police reached

B. that A told his friends about taking revenge for his father's death

C. That A was seen fleeing with a knife immediately after murder of B

D. All of the above

Ans. (d)

91. Preparation for Robbery is punishable

(A) true

(B) false

Ans. (b)

92. A is of unsound mind at one time he becomes sound & enters into a contract with B contract is

A. valid

B. void

C. voidable

D. Nonest

Ans. (a)

93. A having contracted with B to supply B with 1000 tons of iron at 100 Rs. a ton, delivered at a stated time, contracts with C for the purchase of 1000 tons of iron at 80 Rs a ton, telling C that he requires so for the purpose of performing his contract in B. C fails toperform, A will be entitled to

A. loss with he suffered @ Rs. 20 per ton

B. no compensation

C. compensation for loss of profit along with any damages which he might have to pay to B on account of breach

D. none of the above

Ans. (c)

94. Books and Authors: 'Roses in December written by:

A. Soli J. Sorabjee

B. M. Hidaytulla

C. Justice Chagla

D. William Shakespeare

Ans. (c)

95. 'My own Boswell' by

A. J. Hidaytulla

B. J. Chagla

C. Soli J. Sorabjee

D. Ram Jethmalani

Ans. (a)

96. 'Big Egos Small Men' by

A. Soli J. Sorabjee

B. Ram Jethamalani

C. H.R. Bhardwaz

D. None of the above

Ans. (b)

97. 'Quality of mercy not strained' by

A. Lord Denning

B. Soli Sorabjee

C. Ram Jethamalani

D. Shakespeare

Ans. (d)

98. Malimath committee was related to

A. criminal justice reforms

B. constitutional reforms

C. tax law reforms

D. none of the above

Ans. (a)

99. Which is an indirect tax

A. income tax

B. excise

C. wealth-tax

D. gift tax

Ans. (b)

100. Solicitor General of India is

A. G.E. Vhanwati

B. Milin Banarjee

C. Harish Salve

D. Sols J. Sorabjee

Ans. (a)

101. First law university of India

A. ILl

B. IGNOU

C. NLSUI

D. Delhi University

Ans. (c)

102. Supreme Commander of Defence Forces

A. Air Chief Marshall

B. President

C. Vice President

D. None of the above

Ans. (b)

103. Chairperson of NHRC

A. S. Rajendra Babu

B. A.S. Anand

C. J.S. Verma

D. None of the above

Ans. (a)

104. Chairperson of National Commission for Review of working of Constitution

A. E.S. Venkata Ramaiya

B. M.N. Venkatachalaiya

C. Justice Chagla

D. None of the above

Ans. (b)

105. Ist CJI

A. Harilal J. Kania

B. Setelvad

C. M.C. Mahajan

D. None of the above

Ans. (a)

106. 1st CJ of Federal Court

A. Moris Gwyer

B. Kania

C. Patanjali Shashtrai

D. Mahajan

Ans. (a)

107. Who said "justice delayed is justice denied"

A. Abrahim Linclon

B. Krishna Iyer

C. Dringham

D. William (Gladstone Blackstone)

Ans. (d)

108. 'Concept of law' is a book by

A. Kelsen

B. Austin

C. Hart

D. None of the above

Ans. (c)

109. Whose theory is about 'Grundnorm'

A. Kelsen

B. Amtine

C. Hart

D. None of the above

Ans. (a)

110. Who has written a book titled' Jurisprudence

A. Dias

B. J. Ahmedi

C. J. Krishna Iyer

D. None of the above

Ans. (a)

111. 1st Women CJ of any High Court

A. J. Leela Seth

B. Fatima Bibi

C. J. Ruma Pal

D. None of the above

Ans. (a)

112. TRIPs is related to

A. Intellectual Property Rights

B. Environmental law

C. Constitutional law

D. None of the above

Ans. (a)

113. Present CJ of USA Supreme Court

A. Roberts

B. Warren

C. Rihnstirz

D. Berger

Ans. (a)

114. Odd one out

A. quo waranto

B. mandamus

C. certiorari

D. Quid pro quo

Ans. (d)

115. 1^st Indian President of ICJ

A. J. Rao

B. Nagender Singh

C. R.S. Pathak

D. None of the above

Ans. (b)

116. Father of Hindu Law

A. Manu

B. Vijnaneshwra

C. Jimutvahna

D. None of the above

Ans. (a)

117. Mitakshara was written by

A. Yajnavalkya

B. Vijnaneshwra

C. Jimutvahna

D. None of the above

Ans. (b)

118. 'We the People' is authored by

A. Nani Palkhiwala

B. Fali S. Hariman

C. Soli Sorabjee

D. None of the above

Ans. (a)

119. WI PO head quarter is in

(A) London (B) New York

Ans. (c)

120. Kyoto Protocol is related to

A. global Warming

B. sustainable development

C. biodiversity

D. none of the above

Ans. (a)

121. Who is associated with Sociological Jurisprudence

A. Roscopound

B. Savigny

C. Kelson

D. None of the above

Ans. (a)

122. Odd one out

(A) Ashok desai (B) Venugopal

Ans. (b)

123. Lok Adalat is established under

A. Legal Services Authority Act

B. CPC

C. Arbitration & Conciliation Act

D. None of the above

Ans. (a)

124. World's Day for Disabled

(A) 2^nd December (B) 3^rd December

Ans. (b)

125. Human Rights Day

(A) 10^th December (B) 24^th October

Ans. (a)

126. Which Act is enacted under Beijing Rules

A. Juvenile Justice (Care & Protection) Act 2000

B. Trade Marks Act 1999

C. None of the above

Ans. (a)

127. A court deliver a judgement today, An editor adversely but fairly comments upon it next day in editorial column of the Newspaper. He has committed

A. contempt of court

B. defamation of court

C. no contempt

D. Both (A) and (B)

Ans. (c)

128. Under Juvenile Justice Act a child to be governed by the Act should be below an age of

(A) 14 years (B) 16 years

Ans. (c)

129. Judicial organ of U.N.

A. ICJ

B. Int. Criminal Court

C. Yougoslavia Tribunal

D. Rwanda Tribunal

Ans. (a)

130. UNDHR was framed in the year

A. 1945

B. 1948

C. 1950

D. 1966

Ans. (b)

131. Which Institution is established under Statute

A. ICC

B. ICJ

C. UN

D. none of the above

Ans. (a)

132. Civil Law System is based on principle of

A. Anglo Saxon

B. Nepolian Code

C. Hamburadi

D. None of the above

Ans. (a)

133. ICC's situated at

(A) London (B) Newyork

Ans. (c)

134. Jurist of Medieval India

(A) Rajshakhar (B) Jimutvahna

Ans. (a)

135. Sources of International Law

A. custom

B. treaty

C. general principle of law

D. All of the above

Ans. (d)

136. Recently retired nominated member of Rajya Sabha

A. Arun Jately

B. Fali S. Nauman

C. Ram Jethmalani

D. None of the above

Ans. (b)

137. Limitation Period under Section 468 of Cr.PC includes:

A. 6 months with five only

B. 1 year with 1 year punishment

C. 3 years with Maximum 3 year punishment

D. All of the above

Ans. (d)

Courtesy:- Legal Point Foundation

Legal Point

03 March, 2016

Solved Question Paper of Delhi Judicial Examination, 2007

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