Delhi
Assistant Public Prosecutors (PRE) Exam., 2005
|
Law
|
Constitution
Qs. 1 to 35
I. Prior
to the 42nd Amendment of the
Constitution, in which of the following cases the Supreme Court had observed
that secularism is a basic feature of the Constitution?
A.
State of W.B. v. Union of India
B.
Indira Nehru Gandhi v. Raj Narain
C.
M.H. Kureshi v. State of Bihar
D.
Kesavananda Bharati v. State of Kerala
Select
the correct answer using the code given below:
(A) 1,2 and 3 (B) 1,
3 and 4
(C) 2 and 3 (D) 2
and 4
Ans. (c)
2. Which
of the following have been held to be permissible restrictions under Articles
25 and 26 by the Supreme Court?
A.
Vesting of religious activities of
Jagannath Temple by an Act in a committee.
B.
Permitting non-Brahmins to perform the
rites and rituals in a temple
C.
Denying the Muslims the right to run the
Aligarh Muslim University
D.
Imposing ban on Loudspeakers for Azan
and Kirtans.
Select
the correct answer using the code given below;
(A)1 and 2
(B) 2 and 3
(C) 1, 3 and 4
(D)2, 3 and 4
Ans. (d)
3. Which one of the following statements
is correct?
In
T.M.A. Pai Foundation v. State of Karnataka, Unnikrishan v. State of Andhra
Pradesh was
A.
overruled
B.
followed
C.
party overruled
D.
not mentioned
Ans. (c)
4. Which
one of the following is the correct sequence of protection in respect of
conviction for offences?
A.
Ex post facto penal laws-double
jeopardy-self incrimination
B.
Double jeopardy- ex post facto penal
laws-self incrimination
C.
Self incrimination-double jeopardy-ex
post facto penal laws
D.
Ex post facto penal laws-self incrimination-double jeopardy
Ans. (a)
5. Which
of the following Constitutional Amendments were made to nullify the decision of
the supreme Court in the mandal Case?
A.
The Constitution (Seventh fifth
Amendment Act)
B.
The Constitution (Seventy-seventh
Amendment) Act
C.
The Constitution (Eightieth
Amendment)Act
D.
is not admissible
Select
the correct answer using the code given below;
A.
1, 3 and 4
B.
2 and 3
C.
2 and 4
D.
1 and 4
Ans. (c)
6. Match
List-I with List-II and select the correct answer using the code given below
the list:
List-I List-II
|
A.
|
Vineet
Narain v. Union of India
|
Curative
Petition
|
|
B.
|
Kanu
Sanyal v. D.M., Darjeeling
|
Habeas
Corpus
|
|
C.
|
Roopa
Ashok v. Ashok Hurra
|
Continuing
Mandamus
|
|
D.
|
Chandra
Kumar Case
|
Administrative
Tribunals
|
Code:
A B C D
A. 3 4 1 2
B.
1 2 3 4
C.
3 2 1 4
D. 1 4 3 2
Ans. (c)
7. Consider the following statements:
A person who is not a member of
Parliament
A. cannot
be appointed as a Minister
B.
can be appointed as a Minister for six
months.
C.
can be appointed as a Minister for six
months term renewable by another six months.
D. can
be appointed as a Minister beyond six months on his election to either House of
Parliament.
Which of the statements given above
is/are correct:
A. 2
and 4
B.
2, 3 and 4
C.
1 only
D. 2
and 3
Ans. (a)
8. Match List-I with List-II and select the
correct answer using the code given below the list:
List I List
II
|
A.
|
President
is the formal head of Government of India
|
1.
U.N. Rao v. Indria Gandhi
|
|
B.
|
Actual
executive power of the Union is with the Council of Ministers
|
2.
Samsher Singh v.
State
of Punjab
|
|
C.
|
Presidential
election disputes are decided by the Supreme Court
|
3.
Article 79
|
|
D.
|
President
is a part of Parliament
|
4.
Article 71
|
Code
A B C D
A. 2 1 4 3
B. 3 4 1 2
C. 2 4 1 3
D. 3 1 4 2
Ans. (a)
9. Consider the following objectives
stated in the Preamble of the Constitution
A. Equality
of Status and of opportunity
B.
Fraternity assuring the dignity of the
individual
C.
Justice social, economic and political
D. Liberty
of thought, expression and belief
What is the correct order in which
these find places in the Preamble?
A. 4-3-2-1
B.
2-3-1-4
C.
1-4-3-2
D. 3-4-1-2
Ans. (d)
10. In which one of the following cases were
the provisions of the Constitutions (Forty Second Amendment) Act which gave
precedence to all or any Directive Principles of States Policy over the Fundamental
Rights invalidated by the Supreme Court?
A. Indira
Gandhi v. Raj Narain
B.
Waman Rai v. Union of India
C.
Kesavananda Bharathi v. State of Kerala
D. Minerva
Mills Ltd. v. Union of India
Ans. (d)
11. Which
of the following pairs is correctly matched?
List I List
II
|
A.
|
Article
31-A
|
Acquisition
of Estates
|
|
B.
|
Article
31-B
|
Exercise
of police power
|
|
C.
|
Article
32
|
Appointment
of Chief Justice of India
|
|
D.
|
Article
148
|
Attorney
General of India
|
Ans. (a)
12. Match List-I Article with List-II Power
and select the correct answer using the code given below the list:
List I List
II
|
A.
|
Article
72
|
1.
President’s Ordinance
|
|
B.
|
Article
123
|
2.
Governor’s ordinance making power
|
|
C.
|
Article
161
|
3.
President’s pardoning power
|
|
D.
|
Article
213
|
4.
Governor’s pardoning power
|
Code:
A B C D
A. 2 4 1 2
B.
3 1 4 2
C.
2 1 4 3
D.
3 4 1 2
Ans. (b)
13. Match list-I Article with List-II Power
and select the correct answer using the code given below the list:
List-I List-II
(Article) (Power)
|
A.
|
Article
129
|
1.
Original Jurisdiction
|
|
B.
|
Article
131
|
2.
Appellate Jurisdiction
|
|
C.
|
Article
132
|
3.
Appeal by special leave
|
|
D.
|
Article
136
|
4.
Powers of Court of Record
|
Code:
A B C D
A.
2 3 4 1
B.
4 1 2 3
C.
2 1 4 3
D.
4 3 2 1
Ans. (b)
14. Which
one of the following statements is correct?
Parliament has power to legislate
with respect to any matter in the State List in the national interest
A.
on passing a resolution with required
majority by the concerned State Legislative Assembly
B.
on passing a resolution with required
majority by the Rajya Sabha
C.
on passing a resolution with required
majority by the Lok Sabha
D.
on promulgation of an ordinance by the
President.
Ans. (a)
15. Consider
the following statements:
Whenever the question is whether a
State Legislation has encroached upon the field of the Union Legislation, the
Court will decide the competence of the Legislature and validity of such
legislation by applying
A.
repugnancy
B.
colourable legislation
C.
pith and substance
D.
harmonious construction
Which of the statements given above
is/are correct?
A.
1 and 2
B.
1 only
C.
3 only
D.
3 and 4
Ans. (c)
16. Which
one of the following statements is correct?
When Emergency is in operations,
the President of India may declare that
A. all
Fundamental Rights are suspended
B.
all Fundamental Rights except Articles
20 and 21 are suspended
C.
all Fundamental Rights except Articles
19 and 20 are suspended
D. all
Fundamental Rights except Articles 21 and 22 are suspended
Ans. (b)
17. Consider
the following statements:
The docrine of prospective
overruling propounded by the Supreme Court in Golaknath Case held that the
decision will have only prospective operation and was intended to save
A. Constitution
4th Amendment Act
B.
Constitution 24th Amendment
Act
C.
Constitution 17th Amendment
Act
D. Constitution
42nd Amendment Act
Which of the statements given above
are correct?
A.
1, 2 and 3
B.
3 and 4
C.
2, 3 and 4
D.
1 and 2
Ans. (c)
18. Which
one of the following statements is correct?
A.
No citizen of India shall accept a title
from any foreign State and no title may be conferred by the State
B.
India may confer a title on a
non-citizen
C.
A citizen may accept the title of Sir or
Lord conferred by the Queen
D.
A foreigner in the service of India may
accept a title from a foreign State
Ans. (a)
19. Which
of the following statements is not correct?
A.
writ of certiorari lies against private domestic
tribunals
B.
writ of certiorari and prohibition lie
against inferior courts of law and tribunals
C.
Writ of certiorari and prohibition lie
against any public authority which is required to act fairly
D.
Writ of certiorari and prohibition lie
against any authority which violates principles of natural justice provide that
it has the duty to act fairly
Ans. (c)
20. Consider
the following statements:
A.
Parliamentary privileges are available
to
B.
Attorney General when he participates in
the proceedings of the House of the people
C.
Minister’s speech made in House of which
he is not a member.
D.
an individual who is called upon to
testify before the House.
When of the statements given above
is/are correct?
A. 1
only
B.
1 and 2
C.
2 and 3
D. 1,
2 and 3
Ans. (b)
21. Which
one of the following statements is correct?
The Speaker may be removed
A.
by a resolution of the House of the
People passed by a majority of total membership of the House
B.
by a resolution of the House of the
People passed by two thirds majority of the members present and voting
C.
by a resolution of the House of the
People moved after 14 days clear notice and passed by the majority of all the
then members of the House
D.
by a resolution of the House of the
People moved after 14 days clear notice and passed by two-thirds majority of
members present and voting
Ans. (c)
22. Which
one of the following statements is correct?
An ordinary bill introduced in Lok
Sabha or Rajya Sabha becomes law:
A.
when it is passed by both the Housed and
assent of the President is received
B.
as soon as it is passed by both the
House
C.
as soon as it is passed by the House in
which it is orginated
D.
None of the above
Ans. (a)
23. Which
one of the following statements is correct?
The President can issue a
proclamation of emergency:
A.
on the advice of the Prime Minister
B.
on the advice of the Council of Minister
C.
in his own discretion
D.
when the decision of the union cabinet
for the issuance of such a proclamation has been communicated to him in
writing.
Ans. (d)
24. Match List-I Case with List-II Article
Involved and select the correct answer using the code given below the list:
List-I List-II
(Case) (Article
Involved)
A.
S.R. Bommai v. Union of India 1. Article
21
B.
P.V. Narsimha Rao v. State 2. Article 356
C.
A.D.M. Jabalpur v. Shiv Kant 3. Article
105
D.
Lily Thomas v. Union of India 4. Article
44
Code:
A B C D
A. 1 4 3 2
B.
3 2 1 4
C.
1 2 3 4
D. 3 4 1 2
Ans. (d)
25. Disputes between States in India come to
the Supreme Court under
A.
Appellate Jurisdiction
B.
Advisory Jurisdiction
C.
Original Jurisdiction
D.
None of the above
Ans. (c)
26. The
equality provision viz. Article 14 of the Constitution of India has been
influenced by the Constitution of
A.
the U.S.A.
B.
Canada
C.
Japan
D.
Australia
Ans. (a)
27. Match
List-I with List-II and select the correct answer using the code given below
the list:
List I List
II
|
A.
|
Article
61
|
1.
Appointment of ad hoc judges in the Supreme Court
|
|
B.
|
Article
71
|
2.
High Courts are courts of record
|
|
C.
|
Article
127
|
3.
Procedure for the impeachment of the President
|
|
D.
|
Article
215
|
4.
Matters relating to the election of President or
Vice-President
|
Code:
A B C D
A. 1 4 3 2
B.
3 2 1 4
C.
1 2 3 4
D. 3 4 1 2
Ans. (d)
28. In which one of the following cases, has the
Supreme Court observed that judicial review is a basic structure of the
Constitution?
A.
S.R. Bommai v. Union of India
B.
S.P. Mittal v. Union of India
C.
Maneka Gandhi v. Union of India
D.
L.Chandra Kumar v. Union of India
Ans. (d)
29. Match
List-I with List-II and select the correct answer using the code given below
the list:
List I List
II
|
A.
|
S.R.
Chaudhari’s Case
|
1.
Electors have fundamental right to know
antecedents of contesting candidates
|
|
B.
|
Murlai
Deora’s Case
|
2.
Right to food is fundamental right under Article
21
|
|
C.
|
Association
for Democratic Reforms Case
|
3.
Ban on smoking at public places
|
|
D.
|
PUCL
Case
|
4.
Non-member cannot be reappointed as minister if he
fails to get elected after six months
|
Code:
A B C D
A.
1 3 4 2
B.
4 2 1 3
C.
1 2 4 3
D.
4 3 1 2
Ans. (d)
30. Who
among the following can remove a Judge of High Court from his office?
A.
President
B.
President on the recommendation of the Chief
Justice of India
C.
President on the basis of resolution
passed by both Houses of Parliament
D.
Governor on the basis of resolution
passed by the State Legislature
Ans. (c)
31. Which one of the following statements is
correct?
An
appeal shall lie to the Supreme Court from any judgment, decree or final order
in a civil proceeding of a High Court in the territory of India if the high
Court certifies under Article 134A that the case Involves
A.
a question of law
B.
a question of law or fact
C.
a substantial question of law or fact of
public importance
D.
a substantial question of law of general
importance
Ans. (d)
32. A
Proclamation under Article 356 is required to be approved by resolutions of
both Houses of Parliament-by
A.
Simple majority within one month
B.
Special majority within one month
C.
Special majority within two months
D.
Simple majority within two months
Ans. (c)
33. Which
one of the following sets contains a feature which is not a basic feature of
the, Constitution of India?
A.
Rule of law, republicanism, secularism
B.
Independence of judiciary, parliamentary
democracy, federal polity
C.
Emergency provision, egalitarianism,
dignity of the individual
D.
Parliamentary democracy, secularism,
egalitarianism
Ans. (c)
34. Which of the following set is said to be
the Golden Triangle of Indian Constitution?
A.
Articles 14, 15 and 16
B.
Articles 20, 21 and 22
C.
Preamble, Fundamental Right and
Directive Principles
D.
Articles 14, 19 and 21
Ans. (d)
35. Match
List I with List II and select the correct answer using the code given below
the list:
List I List
II
|
A.
|
Freedom
of Speech and Expression
|
1.
Bennett Coleman v. Union of India
|
|
B.
|
Basic
Features Theory
|
2.
Keshavananda Bharati v. State of Kerala
|
|
C.
|
Freedom
of movement and right to personal liberty
|
3.
Maneka Gandhi v. Union of India
|
|
D.
|
Independence
|
4.
S.P.Gupta v. Union of India
|
Code:
A B C D
(A) 1 2
3 4
(B) 3 4
1 2
(C) 1 4
3 2
(D) 3 2
1 4
Ans. (a)
Evidence
Qs. 36 to 73
36. Which
one of the following statements in respect of admissibility and relevancy is
correct?
A.
An admissible fact is always a relevant
fact
B.
A relevant fact is always an admissible
fact
C.
A relevant fact is considered by the
court as material fact, but judgment is not based upon it
D.
An admissible fact is a stage where the
court taking any relevant fact on the record of the case, decides any right or
liability and bases its judgement on it
Ans. (a)
37. Which one of the following statements is
correct?
Facts
forming part of the same transaction are facts
A.
which occurred at the same time and
place
B.
which occurred at a different time and
place
C.
which are connected with other facts on
the basis of time, place, object, parties, acts or omissions
D.
None of the above
Ans. (b)
38. Which one of the following statements is
correct?
The
latest approach toward the evidentiary value of "identification
parade", as laid down by the Supreme Court in Anil Kumar v. State of U.P.
is that it is
A.
mandatory evidence
B.
evidence which may be dispensed with
C.
corroborative evidence in criminal
proceedings
D.
evidence to support or to rebut any fact
before the court in criminal proceedings
Ans. (d)
39. Which one of the following statements is
correct?
The
alibi under section 11 of the Indian Evidence Act, 1872 is decided on the basis
of
A.
preponderance of probability
B.
preponderance of probability beyond
reasonable doubt
C.
preponderance of possibility beyond
reasonable doubt
D.
preponderance of higher probability or
improbability as well as beyond reasonable doubt
Ans. (d)
40. Which one of the following statements
correct?
Admission
is acknowledging any right liability under civil law, made
A.
orally before a judicial authority
B.
in writing before a notary
C.
by conduct and document, as well as
orally, but not in electronic form
D.
by conduct, orally, or in writing or
contained in electronic form
Ans. (d)
41. What does police custody in the context
of the Indian Evidence Act, 1872 mean?
A.
Handcuffing by the police
B.
Confining the accused inside the police station
by the police
C.
Restricting the movement of the accused
D.
Some kind of surveillance and
restriction by the police
Ans. (d)
42. Which one of the following statements is
correct?
A
"Dying Declaration" made under section 32 of the Indian Evidence Act,
1872 is subject to the control of
A.
Section 164 of the Code of Criminal
Procedure 1973
B.
Section 161 and 162 of the Code of
Criminal Procedure, 1973
C.
Section 52 and 54 of the Indian Evidence
Act, 1872
D.
Section 158 of the Indian Evidence Act,
1872
Ans. (d)
43. Which one of the following statements is
correct?
"Hearsay
evidence" become relevant
A.
when it is ratified by admission or
confession
B.
when it comes under the ambit of section
6 of the Indian Evidence Act
C.
when it is mentioned in any public
document or is presumed by the court
D.
in all of the categories mentioned above
Ans. (d)
44. Which one of the following statements is
correct?
A
'Public document' is a document which
A.
has been executed by a member of public
B.
has been made public
C.
has been addressed to the public in
general
D.
was executed by a public servant in
public capacity
Ans. (d)
45. For
which of the following documents oral evidence cannot be given to remove any
ambiguity?
A.
Documents in reference to existing fact
B.
Documents which need attestation by
attesting witnesses
C.
Documents containing illegible
characters, provincial or local expressions
D.
A will to which the Indian Succession
Act, 1925 applies
Ans. (d)
46. A
court cannot compel the parties to undergo a blood test, to establish the
legitimacy of the child because it would amount to declaring the mother as
unchaste and child as illegitimate. This view was laid down in which one of the
following cases?
A.
Pawan Kumar v. Mukesh Kumari
B.
Subash v. Lata Shah
C.
Ningamma v. Chikkiya
D.
Gautam Kundu v. State of West Bengal
Ans. (c)
47. Which one of the following statements is
correct?
The
protection of professional communication 8S provided under Indian Evidence Act,
1872, In section 126 to 129 is available only
A.
for engaging an advocate to plead his
case
B.
for disclosing communication to advocate
or his colleagues
C.
before commission of the offence or
illegal acts
D.
after commission of the crime or illegal
acts
Ans. (d)
48. Which one of the following statements is
correct?
In
a trial of' A' for the murder of '8', marks on the ground produced by a
struggle at or near the place of murder is a fact
A.
forming part of the same transaction
B.
necessary to explain or introduce
relevant fact
C.
showing existence of state of mind or of
body
D.
as to the occassion, cause or effect of
facts in issue
Ans. (d)
49. Match
List I with List II and select the correct answer using the code given below
the list:
List I List
II
|
A.
|
Noor
Mohd. v. Imtiaz Ahmad
|
1.
Section 6 of the Indian Evidence Act
|
|
B.
|
Pratap
Singh v. State of Punjab
|
2.
Section 7 of the Indian Evidence Act
|
|
C.
|
Sardual
Singh v. State of Bombay
|
3.
Section 8 of the Indian Evidence Act
|
|
D.
|
Raghunath
v. State of U.P.
|
4.
Section 17 of the Indian Evidence Act
|
Code:
A B C
D
A. 1
2 3 4
B. 3
4 1 2
C. 1
4 3 2
D. 3
2 1 4
Ans. (a)
50. Which one of the following statements is
correct?
A
struck B on the neck with a knife and this was seen by C who exclaimed, "A
is killing 8". C's exclamation is
A.
relevant because it was spontaneous
B.
relevant because it forms part of the transaction
C.
relevant because it is relatable to the
transaction
D.
relevant because it is a fact in issue
Ans. (b)
51. Which one of the following is not a
public document?
A.
Letters between authorities
B.
Insurance policy
C.
Electoral list
D.
Order sheet in a judicial proceeding
Ans. (b)
52. Match
List-I and List-II and select the correct answer using the code given below the
list:
List I List
II
|
A.
|
Presumption
as to books, maps and charts
|
1.
Section 85 of the Indian Evidence Act
|
|
B.
|
Presumption
as to power of Attorney
|
2.
Section 87 of the Indian Evidence Act
|
|
C.
|
Presumption
as to telephonic messages
|
3.
Section 88 of the Indian Evidence Act
|
|
D.
|
Presumption
as to plants made by authority of the government
|
4.
Section 83 of the Indian Evidence Act
|
Code:
A B C D
A.
2 3 1 4
B.
4 1 3 2
C.
2 1 3 4
D.
4 3 1 2
Ans. (c)
53. Which
of the following pairs in not correctly matched?
List I List
II
|
A.
|
Admission
by persons having and proprietary interest
|
Section
18 of the Indian Evidence Act
|
|
B.
|
Confession
made after removal of impression caused by inducement
|
Section
28 of the Indian Evidence Act
|
|
C.
|
Admission
by persons expressly referred to by party to suit
|
Section
21 of the Indian Evidence Act
|
|
D.
|
Confession
of an accused in police custody
|
Section
26 of the Indian Evidence Act
|
54. Which one of the following statements is
correct?
A, who has taken vow of silence
gives evidence in writing in an open court. His evidence shall be deemed to be
A.
documentary evidence
B.
circumstantial evidence
C.
oral evidence
D.
secondary evidence
Ans. (c)
55. Consider the following statements:
A.
Presumption as to documents thirty years
old is mandatory
B.
A child is not competent to testify
C.
Doctrine of promissory estoppel is
applicable against the government
D.
Privilege granted to lawyers under
section 126 aims at the protection of lawyer
Which of the statements given above
is-are correct?
A.
1 and 2
B.
2,3 and 4
C.
4 only
D.
3 only
Ans. (c)
56. A is indicted for the murder of B.C. says
that B when dying, declared that A had given B the wound of which B died.
Evidence is offered to show that, on a previous occasion, C said that the wound
was not given by A.
Which one of the following is
correct? The evidence is
A.
Prohibited under section 52 of the
Indian Evidence Act
B.
admissible under section 154 of the
Indian Evidence Act
C.
admissible under section 153 of the
Indian Evidence Act
D.
admissible under section 155 of the
Indian Evidence Act
Ans. (b)
57. Consider the following statements:
A.
In criminal proceedings good character
of the accused is always relevant
B.
In criminal proceedings bad character of
the accused is always elevant
C.
In a civil case evidence of character of
any person concerned is always admissible
D.
A previous conviction is relevant as
evidence of bad character
Which
of the statements given above are correct?
A.
2 and 3
B.
1, 2 and 4
C.
1 and 4
D.
1, 2 and 3
Ans. (c)
58.
Consider the following statements:
The
Indian Evidence Act is applicable to
A.
the proceedings under chapter IX Cr.PC
B.
court martial under the Army Act
C.
affidavits presented to any court
D.
an execution proceeding
Which
of the statements given above are correct?
(A) 1,2 and 3 (B) 2,
and 4
(B) 2 and 3 (D) 1
and 4
Ans. (d)
59. Which
one of the following does not fall within the meaning of the term 'Court' used
under indian Evidence Act, 1872?
A.
Revenue Tribunal
B.
Industrial Tribunal
C.
Registrar's Court
D.
Enquiry Commission, Legal Advisor and
Excise Officer
Ans. (d)
60. Facts
not otherwise relevant are relevant if they are inconsistent with any fact in
issue or relevant fact".
Which
of the following sections of the Indian Evidence Act contains the aforesaid
principle of law?
(A) Section 9 (B)
Section 10
(C) Section 11 (D)
Section 12
Ans. (c)
61. Which of the following statements is
correct?
A.
A dying declaration recorded by a
Magistrate not empowered under section 164 Cr.PC cannot be proved by the oral
evidence of the Magistrate
B.
The credit of the declarant cannot be impeached
C.
A dying declaration is substantive evidence
D.
If the declarant is not examined
although alive, his declaration is admissible
Ans. (c)
62. Which of the following statements is
correct?
A.
Section 91 of the Indian Evidence Act does
not apply to third parties
B.
Section 91 of the Indian Evidence Act does
not apply to criminal cases
C.
Section 91 of the Indian Evidence Act does
not apply if there is not completed contract
D.
Section 91 of the Indian Evidence Act does
not apply to a contract if it cannot be specifically enforced
Ans. (b)
63. Which
of the following facts can be proved under section 92 of the Indian Evidence
Act?
A.
The policy of insurance is affected on goods
in ships from Kolkata to London, The goods are shipped in a particular ship
which is lost. A party says that the particular ship was orally excepted from the
policy.
B.
A agrees in writing to pay Rs. 1000 on the
first of March, 2002. A party says that at the same time an oral agreement was made
that money should not be paid' till the 31st of March, 2002.
C.
An estate called the Rampur Tea Estate is
sold by a deed which contains a map of the property sold. One party says that land
not included in the map had always been regarded as part of the estate and was
meant to pass by the deed.
D.
A enters into a written contract with B to
work in certain mines, the property of B, on certain terms. A says that he was induced
to do so by a misrepresentation of B as to their value:
Ans. (d)
64. Which of the following observations is correct?
A.
Section 91 and 92 of the Indian Evidence
Act may not be abrogated by special law
B.
Where section 91 does not apply section 92
also does not apply
C.
The law of estoppel does not override sections
91 to 94 of the Indian Evidence Act
D.
Section 91 and 92 apply even if there is
no completed and binding contract
Ans. (b)
65. Which of the following statements is
correct?
A.
Section 115 of the Indian Evidence Act applies
to contracts by infants
B.
Pardanashin ladies are exempt from estoppel
C.
A representation made by an agent is effectual
for the purpose of estoppel as if it had been made by his principal
D.
An admission by an advocate even if it
is erroneous in law is binding on his client
Ans. (c)
66. Which one of the following facts is
protected from disclosure in a court of law?
A.
A, a client, says to B, an attorney
"I have committed forgery and I wish you to defend me"
B.
A, a client, says to B, an attorney
"I wish to obtain possession of property by the use of a forged deed on
which I request you to sue"
C.
A, being charged. with embezzlement retains
B, an attorney to defend him. In the course of the proceedings, B observes that
an entry has been made in A's account book charging A with the sum said to have
been embezzled which entry was not in the book at the commencement of his
employment
D.
A, a client says to his attorney B,
"I want to murder my enemy C. Please advise me how I may be able to murder
C"
Ans. (a)
67. "An
accomplice shall be a competent witness against an accused person and a
conviction is not illegal merely because it proceeds upon the uncorroborated
testimony of an accomplice. "
Which
of the following sections of the Indian Evidence Act enunciates the aforesaid
principle?
(A) Section 131
(B) Section
132
(C) Section 133
(D) Section
134
Ans. (c)
68. In
which of the following circumstances are there no reasonable grounds for
putting the question to the witness?
A.
A, a barrister, is told by a solicitor
that an important witness is a dacoit. The barrister asks the question
"Are you a dacoit?"
B.
An advocate is informed by a person in
court that an important witness is a dacoit. The informant on being questioned
by the advocate gives satisfactory reasons for his statement. The advocate asks
this question, "Are you a dacoit?"
C.
A witness of whom nothing whatever is
known is asked at random whether he is a dacoit.
D.
A witness of whom nothing whatever is
known on being questioned as to his mode of life and means of living gives
unsatisfactory answers. The witness is asked, "Are you a dacoit?"
Ans. (c)
69. Which of the following statements is
correct?
A.
Leading questions may be freely asked in
examination-in-chief of a witness
B.
Leading questions may be freely asked in
cross-examination
C.
Leading questions may be freely in
re-examination
D.
Leading questions may not be Ii witness
of tender years
Ans. (b)
70. Which
of the following pieces of evidence is not relevant under the Indian Evidence
Act?
A.
A is tried for the murder of B.E.
Evidence is given that A murdered C, that B knew that A to export money from A
by threatening to make his knowledge public
B.
A sues B upon a bond for the payment of
money. B denies the making of the bond. Evidence is given that B required money
at the time of the bond.
C.
A customs officer gives evidence accused
B made a confession of his to him
D.
A is tried for the murder of B by
Evidence is given that before the of B, A procured poison similar to which was
administered to B.
Ans. (c)
71. Which
of the following pieces of evidence is not relevant under the Indian Evidence
Act?
A.
A is accused of fraudulently delivering
to another person a counterfeit coin which he knew to be counterfeit. Evidence
is given that he was also in possession of other counterfeit coins.
B.
A sues B for damage done by B’s dog which he knew to be
ferocious. Evidence is given that the dog and previously bitten X, Y and Z and
that they had made complaints to B.
C.
A is charged with shooting at B with
intent to kill him. Evidence is given that A had previously shot at B.
D.
A is tried for the murder of B by
intentionally shooting him dead. Evidence is given that A was in the habit of
shooting at people with intent to murder them.
Ans. (d)
72. Which of the following statements is
correct?
A.
The Indian Evidence Act applies to
affidavits.
B.
The Indian Evidence Act applies to a
proceeding whose object is to determine a jural between one person and another
C.
The Indian Evidence Act applies to
arbitration proceedings.
D.
The Indian Evidence Act applies to
departmental proceedings.
Ans. (b)
73. Consider the following statements:
A.
The proceedings of the Parliament or
State Legislatures of India are judicially noticeable facts
B.
Rules of the road on land or at sea are
not judicially noticeable facts.
C.
Criminal law in force in India is
judicially noticeable fact.
Which
of the statements given above is/are correct?
A.
1 only
B.
2 and 3
C.
1, 2 and 3
D.
1 and 3
Ans. (d)
I.P.C.
Qs. 74 to 79
74. Which one of the following statements is
correct?
A.
Under Section 90 of the Indian Penal
Code consent is said to be a free consent when
B.
given by a child above 12 years of age
C.
given by a person under of unsound mind
D.
given mind misconception of fact
Ans. (a)
75. In
which one of the following cases 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)
76. Which one of the following statements is
correct?
Joint
criminal liability based on common intention requires that
A.
criminal act is done by more that one
person
B.
there is a common intention among the
accused persons
C.
the accused has a participating presence
in a commission of the crime.
D.
All the above
Ans. (d)
77. In
which of the following the right to private defence of property does not extend
to causing of death?
A. Robbery
B.
House breaking by night
C.
Mischief by fire
D. House
trespass
Ans. (d)
78. Which one of the following statements is
correct?
Right
of private defence of the body begins
A.
when a reasonable apprehension of danger
of the body arises
B.
when there is an attack on the body
C.
when public authorities have refused
protection
D.
when mental peace is disturbed.
Ans. (a)
79. The case of Gian Kaur v. state of Punjab
relates to which one of the following?
A.
Murder
B.
Culpable homicide not amounting to
murder
C.
Abetment of suicide
D.
Attempt to commit suicide
Ans. (d)
Cr.
P.C. Qs. 80 to 86
80. Consider the following statements:
A.
Investigation is made by a police
officer
B.
The object of police investigation is to
collect evidence
C.
Investigation is a judicial proceeding
D.
Investigation is not a judicial
proceedings.
Which
of the statements given above are correct?
A.
1, 2 and 3
B.
1, 2 and 4
C.
2, 3 and 4
D.
1, 3 and 4
Ans. (b)
81. Under
which section of Code of Criminal Procedure an accused person can himself be a
competent witness for the defence?
A.
Section 311
B.
Section 313
C.
Section 315
D.
Section 319
Ans. (c)
82. Which one of the following statements is
correct?
A
Chief Judicial Magistrate may pass a
A.
sentence of imprisonment not exceeding
seven years
B.
sentence for life imprisonment
C.
sentence of imprisonment exceeding seven
years
D.
death sentence
Ans. (a)
83. Who has the power of summary trial of a
case?
A.
The Chief Judicial Magistrate
B.
The Metropolitan Magistrate
C.
Any Magistrate of the first class especially
emplowered
D.
All the above
Ans. (d)
84. Who
among the following is not empowered to tender pardon to accomplice under
section 306 of the Code of Criminal Procedure?
A.
Metropolitan Magistrate
B.
Magistrate of the second class
C.
Chief Judicial Magistrate
D.
Magistrate of the first class
Ans. (b)
85. Which one of the following statements is
correct?
A
conditional order for removal of public nuisance under section 133 of the Code
of Criminal Procedure may be passed by
A.
District Magistrate
B.
Sub-divisional Magistrate
C.
Executive Magistrate specially empowered
D.
Any of the above
Ans. (d)
86. Which
of the following are disputes relating to land or water under section 145 Cr. PC,
1973?
A.
Disputes regarding the right to collect
rent in respect of immovable property
B.
Dispute relating to possession of
standing crops
C.
Dispute in right to fishery
D.
All of the above
Ans. (d)
I.P.C.
Qs. 87 to 95
87. Consider the following statements?
An
act forbidden for the first time by a Statute passed recently rendering it
impossible for the wrongdoer to have knowledge of it is
A.
a good defence
B.
not a defence
C.
a partial defence
D.
criminal offence
Which
of the statements given above are correct?
A.
1 and 2
B.
3 and 4
C.
2 and 4
D.
1 and 4
Ans. (b)
88. Which one of the following statement
correct?
A.
A person who is a trespasser but has possession
gets the right to defend possession against the police
B.
every person including the true owner
C.
every person except the true owner
D.
None of the above three
Ans. (c)
89. A
instigates B to murder C. B refuses to do so. A is guilty of which one of the
following?
A.
Criminal conspiracy
B.
Abetment to attempt of murder
C.
Abetment to commit murder
D.
No offence
Ans. (c)
90. Which one of the following statements is
correct?
Criminal
conspiracy requires
A.
an agreement between two or persons
B.
doing of an illegal act
C.
doing of a legal act with illegal means
D.
doing an act which may be an offence or
not
Ans. (d)
91.
Match List I with List II and select
the c answer using the code given below the list:
List I List
II
|
A.
|
Section
120 A
|
1.
Sedition
|
|
B.
|
Section
121 A
|
2.
Abetment of offence outside
|
|
C.
|
Section
124 A
|
3.
Criminal conspiracy
|
|
D.
|
Section
108 A
|
4.
Conspiracy for waging war
|
Code:
A
B C
D
(A) 2 1
4 3
(B) 3 4
1 2
(C) 2 4
1 3
(D) 3 1
4 2
Ans. (b)
92. Several
persons acting in concert, forcibly removed an ox and two cows from the
possession of a butcher for the purpose of protecting them from slaughter. They
are guilty of which one of the following?
A.
Extortion
B.
Robbery
C.
Rioting
D.
No offence
Ans. (d)
93. Which one of the following statements is
not correct?
Forgiving
false evidence, a person must
A.
be legally bound to state the truth
B.
make a false statement
C.
know that the statement is likely to
cause injury to some person
D.
believe that the statement is false
Ans. (c)
94. The
accused, a shopkeeper, in sudden quarrel hit his wife on head with an iron weight
200 gm which resulted in her death. The accused is liable for which one of the
following?
A.
Grievour hurt
B.
Attempt to murder
C.
Simple hurt
D.
Culpable homicide
Ans. (d)
95. A,
for the purpose of inducing B to desist from a civil suit, threatens to burn
B’s house. A is guilty of which one of the following?
A.
Mischief
B.
Criminal intimidation
C.
Cheating
D.
Extortion
Ans. (b)
Cr.P.C.
Qs. 96 to 107
96. Which one of the following statements is
correct?
The
words and expressions, used but not defined in the Code of Criminal Procedure,
shall have the meaning assigned to them in the
A.
Indian Penal Code
B.
Code of Civil Procedure
C.
The Limitation Act
D.
Indian Evidence Act
Ans. (a)
97. Claims
and objections to attachment of property to a person absconding must be preferred
within how much period?
(A) Six months (B) One
year
(C) Two years (D) Three
years
Ans. (a)
98. Consider the following statements:
A.
The words in section 145 are mandatory
B.
The words in section 145 are
discretionary
C.
The proceedings under section 107 can be
converted under section 145
D.
The proceedings under section 107 cannot
be converted under section 145.
Which of the statements given above are
correct?
(A) 1 and 2 (B)
2 and 3
(C) 1 and 3 (D)
3 and 4
Ans. (b)
99. A
magistrate can authorize the detention of accused in police custody for a
period of fifteen days. When does this period begin to run?
A.
From the time of arrest by the police
B.
After production of the accused before
the Magistrate
C.
On expiry of twenty four hours of his
arrest
D.
After first remand
Ans. (c)
100. Which one of the following statements is
correct?
Dismissal
of complaint under section 203 results are
A.
bar to rehearing by the same Magistrate
B.
bar to rehearing by any other Magistrate
C.
bar to rehearing a fresh complaint on
the same facts
D.
no bar to rehearing a fresh complaint on
the same facts
Ans. (d)
101. Whenever there is alteration or addition in the charge after
commencement of trial, the accused shall be allowed to recall or re- examine
the witnesses or call further witnesses. How is this interpreted as?
A.
A right of the accused
B.
Not a right of the accused
C.
A duty of the court
D.
In the discretion of the court
Ans. (a)
102. Which one of the following statements is
correct?
To
give a personal hearing to the accused on the question of sentence is
A.
discretionary
B.
mandatory
C.
a formal requirement
D.
not necessary
Ans. (a)
103. Consider the following statements regarding legal aid to accused
at State expenses:
Legal aid is
A.
a right of the accused
B.
charity by the State
C.
available in trial before Sessions Court
only
D.
available in all trials
Which
of the statements given above are correct?
(A) 1 and 2 (B)
2 and 3
(C) 1 and 3 (D) 2
and 4
Ans. (c)
104. Which one of the following statements is
correct?
On
submission of death sentence for confirmation to the High Court, the
confirmation of death sentence or any new sentence, or order shall be made
passed and signed by at least
(A) one judge (B) two
judges
(C) three
judges (D) full bench
Ans. (b)
105. Which one of the following statements is not
correct?
There
shall be no appeal if a sentence of imprisonment/fine is passed by the
A.
High Court-not exceeding six months
B.
Sessions Judge-not exceeding three
months
C.
Metropolitan Magistrate-not exceeding
two months
D.
Magistrate first class-not exceeding one
month
Ans. (c)
106. Which one of the following statements is correct?
Where
a sentence of death has been commuted under section 433 into life imprisonment,
such person shall not be released from prison unless he has undergone
imprisonment for
A.
twenty years
B.
fourteen years
C.
twelve years
D.
ten years
Ans. (b)
107. Which one of the following statements is not
correct?
Anticipatory
bail may be granted
A.
subject to the limitations imposed by
section 437
B.
on making out a special case
C.
on possibility of accusation of non-
bailable offence
D.
where a case has been registered against
the petitioner
Ans. (d)
I.P.C.
Qs. 108 to 114
108. A and B go with intent to kill C. A stood on guard with a spare
gun in hand but did not shoot C. B killed C. Which one of the following is
correct?
A.
A and B both are equally liable for
murder of C
B.
A is not liable for murder of C
C.
Only B is liable for murder of C
D.
None of above
Ans. (a)
109. In which one of the following cases was the distinction between
common intention and similar intention pointed out?
A.
Barendra Kumar Ghose v. King Emperor
B.
Mahoob Shah v. King Emperor
C.
Ram Parsad v. State of U.P.
D.
J.M. Desai v. State of Bombay
Ans. (a)
110. Which one of the following statements is
correct?
A
hangman who hangs the convict pursuant to the order of the court is exempted
from criminal liability by virtue of
A.
section 94 of the Indian Penal code
B.
section 76 of the Indian Penal code
C.
section 78 of the Indian Penal Code
D.
section 77 of the Indian Penal Code
Ans. (c)
111. Which one of the following statements is
correct?
Where
a police constable fires upon a mob under the orders of his superior officer
and there by kills a person
A.
the constable is not liable because he
had no intention to kill
B.
the constable is not liable because he
is permitted to fire and kill
C.
the constable is not liable because he,
in good faith believed himself to be bound by law to obey the orders of his
superior officer
D.
the constable is not liable because it
was a mistake
Ans. (c)
112. Which one of the following statements is
correct?
Defence
of insanity section 84 of the Indian Penal Code relates to
A.
unsoundness of mind of any kind
B.
medical insanity
C.
legal insanity
D.
congenital insanity
Ans. (c)
113. Under which of the following sections of Indian Penal Code, the
right of private defence extends to causing death?
A.
Section 102 and section 105
B.
Section 100 and section 104
C.
Section 100 and section 103
D.
Section 102 and section 106
Ans. (c)
114. Which one of the following statements is
correct?
Whether
the provocation was grave and sudden enough to prevent the offence from
amounting to murder is a
A.
Question of fact
B.
question of law
C.
presumption under the law
D.
mixed question of fact and law
Directions:
The
following 6 items consist of two statements, one labelled as the ‘Assertion A’
and the other as ‘Reason R’. You are to examine these two statements carefully
and select the answers to these items using the codes given below:
Codes:
A.
Both A and R are individually true and R
is the correct explanation of A
B.
Both A and R are 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. (a)
115. Assertion (A): Statement of a
deceased, before his death, as to the cause of death of another person is not
admissible under section 32 of the Indian Evidence Act.
Reasons (R):
Rules relating to a dying declaration in England are different from those in
India.
Ans. (b)
116. Assertion (A): The vertical division of powers is
called the theory of separation of powers.
Reasons (R):
The Constitution of India does not provide for a rigid separation of powers.
Ans. (d)
117. Assertion (A): Equal pay for equal work is a
constitutional goal to be achieved by the State.
Reasons (R):
Claims for equal pay for equal work is a fundamental right of an employee.
Ans. (c)
118. Assertion (A): Part III and Part IV of the
Constitution of India are supplementary to each other.
Reasons (R):
Fundamental Rights are enforceable.
Ans. (b)
119. Assertion (A): Article 15 of the
Constitution of India is a particular application of the right to equality
Reason ®: Articles, 14, 15 and 16 of the Constitution
of India collectively lay down the principles of equality and prohibition of
discrimination.
Ans. (a)
120. Assertion (A): Article 30 of the Constitution of
India confers a right an all minorities to establish educational institutions.
Reasons (R):
The right to establish and administer educational institutions by the
minorities is based solely on religion
Ans. (c)
Courtesy:-
Legal Point Fondation
No comments:
Post a Comment