M.P. Civil Judge (Junior
Division), 2006
Law
1. Warrant
case has been defined as a case relating to an offence punishable with death,
imprisonment for life or imprisonment for a term:
A.
exceeding one year
B.
exceeding two years
C.
exceeding three years
D.
exceeding seven years
Ans. (b)
2. Offences
of Indian Penal Code other than mentioned in Section 320 of Criminal Procedure
code are:
A.
not compoundable
B.
compoundable with the permission of court
C.
compoundable by the Court of Sessions
D.
compoundable by the High Court
Ans. (a)
3. Sections
164 Criminal Procedure Code 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.
examination of witnesses by police
Ans. (c)
4. When
investigation cannot be completed within 24 hours, the largest period for which
an accused can be remanded to police custody is:
A.
ten days
B.
fifteen days
C.
thirteen days
D.
thirty days
Ans. (b)
5. If
a Magistrate administers both before recording the confession of an accused,
the confessional statement is:
A.
good in law and admissible in evidence
B.
bad in law and inadmissible in evidence
C.
good in law but admissible only on
corroboration
D.
bad in law but become admissible on
corroboration by other evidence
Ans. (a)
6. When
investigation is not completed withing the prescribed period of 90 days or
60 days, as the case may be and accused
is in custody, on expiry of the said
period, if he is prepared to and does furnished bail, the accused is
entitiled to be:
A.
discharged
B.
acquitted
C.
released on bail by the investigation
officer
D.
released on bail by the concering
Magistrate
Ans. (d)
7. Under
the provisions of Section (4) Criminal Procedure Code, who of the following
cannot claim maintenance from her husband:
A.
wife herself earning money
B.
wife living separately by mutual consent
C.
woman, who has been divorced by her
husband and has not remarried
D.
woman, who has obtained divorce from her
husband and has not remarried.
Ans. (b)
8. Jurisdiction to grant bail under
Section 438 of Criminal Procedure Code vests with:
A.
only High Court
B.
only Sessions Court
C.
only Magistrate
D.
either High Court or Court of Sessions
Ans. (d)
9. Compounding
of offence under the provisions of Criminal Procedure Code results in that
criminal case:
A.
acquittal of accused
B.
discharge of accused
C.
acquittal only if the charges have been
framed
D.
discharge only if the charges have been
framed
Ans. (a)
10. Period
of limitation to take cognizance of an offence punishable for a term more that than
three years imprisonment is:
A.
90 days
B.
one year
C.
three years
D.
no period of limitation is prescribed
Ans. (d)
11. 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.
comparison of the two, admitted and
disputed documents
D.
all of the above.
Ans. (d)
12. In relation to a court question the
adverse party:
A.
has a right to cross-examination as a
matter of right
B.
can cross examine only with the
permission of court
C.
has not right to cross examine
D.
can make any objection as a matter of
right
Ans. (a)
13. Evidence means and include:
A.
ocular evidence only
B.
documentary evidence only
C.
ocular and documentary evidence both
D.
ocular evidence based on documents only
Ans. (c)
14. The documents are:
A.
caricature
B.
words printed, lithographed or
photographed
C.
a map and an inscription on a stone
D.
all of the above
Ans. (d)
15. Contents of documents may be proved
A.
by secondary evidence
B.
by primary evidence
C.
A and B both are correct
D.
above all options are incorrect
Ans. (c)
16. Under
sub-Section 5 (C) of Section 65 (B) in Indian Evidence Act, a computer output
shall be taken to have been produced by a computer:
A.
whether it was produced by it directly
B.
whether it was produced by means of any
appropriate equipment
C.
whether it was produced by it directly
or (with or without human intervention) by means of any appropriate equipement
D.
whether it was produced by it directly
or by means of any appropriate equipment.
Ans. (c)
17. Admissions:
A.
must be in writing
B.
must be oral
C.
can be either oral or in writing
D.
must be oral and In writing both
Ans. (c)
18. Facts which need not be proved by the
parties, include:
A.
facts which have been admitted by the
parties at or before the hearing
B.
statements made on oath
C.
any registered document
D.
statements made in plaint or in written
statement supported by affidavit.
Ans. (a)
19. Under Indian Evidence Act, a documents required by
law to be attested, can be proved by calling:
A.
both the attesting witnesses
B.
at least one of the attesting witness
C.
any other person
D.
a legal
heir of the attesting witness
Ans. (b)
20. Due,
execution of a document more than thirty years old, coming from proper custody
is a :
A.
presumption of facts
B.
rebuttable presumption of law
C.
irrbuttable presumption of law
D.
presumption of facts and law both
Ans. (b)
21. In criminal proceedings the burden of
proof lies:
A.
on persecution to prove the guilt of
accused beyond reasonable doubt
B.
on accused to prove his innocence
C.
on both the parties
D.
depends on the facts of each case
Ans. (a)
22. Leading questions can be asked during:
A.
examination in chief
B.
cross examination
C.
re examination
D.
cannot be asked in any circumstances
Ans. (b)
23. M.P. Accommodation control Act, 1961
shall apply to such accommodation:
A.
which is the property of Government
B.
which is the property of a legal
authority
C.
which is owned by any educational
institution, exempted by the Government vie some notification
D.
Which has not been used, without
reasonable cause, for which it was let, for a continuous period of six months
Ans. (d)
24. After
a notice of demand for arrears of rent has been served on tenant, he should pay
or tender the arrears of rent, to save himself from eviction:
A.
within fifteen days
B.
withing one months
C.
within two months
D.
within three months
Ans. (c)
25. Tenant
may be evicted on the ground of bonafide need of landlord for residential
purpose, but the need does not extend to:
A.
his son’s need
B.
need of the other family members
C.
need of any person for whose benefit
accommodation is held
D.
need of any other tenant paying more
rent
Ans. (d)
26. For
a construction, which has materially altered the Accommodation to the detriment
of the landlord’s interest or is likely to diminish its value substantially, by
the tenant:
A.
oral permission from landlord is
sufficient
B.
written permission of landlord is
necessary
C.
permission has to be taken from the Rent
Controlling Authority
D.
no such permission is required
Ans. (b)
27. In
case of eviction on the ground of bona fide need for residential or non-residential
accommodation, the landlord cannot obtain possession of the Accommodation
before-
(A) one month (B) two months
(C) three months (D) six months
Ans. (b)
28. Cognizance
of offences, punishable under M.P. Accommodation Control Act, 1961 can be taken
by:
A.
Judicial Magistrate second class
B.
Judicial Magistrate first class
C.
Only Sessions Court
D.
Only High Court
Ans. (b)
29. Which of the following is incorrect
statement?
A.
Tenant can sublet the whole or any part of
the Accommodation held by him as a tenant with the previous consent in writing
of landlord
B.
Tenant can transfer or assign his rights
in the tenancy or in any part thereof with the previous consent in writing of landlord
C.
For subletting, the previous consent of landlord
has to be taken in writing. It is a mandatory provision
D.
A landlord shall claim or receive the payment
of any sum as premium of "pugree" for giving his consent to the subletting
of the Accommodation held by the tenant
Ans. (d)
30. Standard rent may be fixed by:
A.
The court
B.
Landlord and tenant
C.
Rent Control Authority
D.
Collector
Ans. (c)
31. Where
a landlord recovers possession of any Accommodation from the tenant in pursuance
of an order made under clause (e) of clause (f) of sub-section (1) of section
12 of M.P. Accommodation Control Act, 1961, the landlord shall not, except with
the permission of Rent Controlling Authority obtained in the prescribed manner,
relet the accommodation within:
(A) one year (B) two
years
(C) three years
(D) five
years
Ans. (b)
32. If
the accommodation was let to a tenant for use as a residence by reason of his
being in service or employment of the landlord and that tenant has ceased to be
in such service or employment then which of the following is perfect:
A.
ground for eviction is available in all respect
B.
this is not a ground for eviction
C.
ground for eviction shall not be
available if any dispute, as to whether the tenant has ceased to 'be in service
or employment of the landlord, is pending before any competent authority
D.
no ground for eviction is available, if
the tenant keeps paying the rent on or before due date
Ans. (c)
33. Which of the following is not a legal
ground of eviction?
A.
Tenant has built up, acquired vacant possession
of or has been allotted an accommodation suitable for his residence
B.
Tenant has caused or permitted to be caused
substantial damages to the accommodation
C.
Landlord desires to increase the rent being
paid by tenant and tenant refused for such increase
D.
Tenant has been convicted under any law
of an offence of using the building or allowing the building to be used for immoral
or illegal purposes
Ans. (c)
34. Against
an order passed by Rent Controlling Authority under any Section of Chapter 3A
of M.P. Accommodation Control Act, 1961:
A.
only appeal shall lie
B.
appeal shall not lie
C.
only revision shall lie
D.
both appeal and revision shall lie
Ans. (c)
35. On transfer for his benefit, an unborn
person acquires vested interest:
A.
upon his birth
B.
after one week of his birth
C.
after twelve days of his birth
D.
there is no such provision in law
Ans. (a)
36. Where
immovable property is transferred for consideration by persons, having distinct
interest therein, but their interests in the property are of equal value, the
transferor are:
A.
entitled to get equal share in the consideration
B.
entitled to get unequal share in the
consideration
C.
entitled to get equal share subject to further
transfers in future
D.
none of the above
Ans. (a)
37. "Rule
of lis pendens" is applicable to suits for specific performance of
contracts to transfer the immovable property. This statement is:
A.
False
B.
True
C.
Party true
D.
Depends on the facts of each case
Ans. (b)
38. In case of transfer of property, the
seller is:
A.
not entitled to rents and profits
B.
entitled to rents and profits of the property till the ownership there passed by
buyer
C.
entitled to rents and profits forever
D.
none of the above
Ans. (b)
39. In
case of unufructuary mortgage mortgagee is placed in possession and has a right
to receive the rents and other profits.
A.
till the mortgage money is paid
B.
till the contract is recinded
C.
for a fixed period of thirty years
D.
for a fixed period of ninety nine ye
Ans. (a)
40. A
right to obtain a decree from the court the mortgagor shall be absolutely
debarred of his right to redeem the mortgaged property is called:
A.
a right for force lousre
B.
a right for claim
C.
a right for redemption
D.
a right for sale
Ans. (a)
41. Lease of immovable property determine:
A.
be efflux of time, limited thereby
B.
by implied surrender
C.
by the happening of such event, w. the
interest of the lessor in the prop terminates on the happiness of that event
D.
when the lessee becomes insolvent
Ans. (d)
42. In case of a gift if the donee dies be acceptance,
the gift is:
(A) valid (B)
void
(C) revocable (D) irrevocable
Ans. (b)
43. Transfer of Property Act has no relation
(A) air (B)
water
(C) light (D)
all of these
Ans. (d)
44. Fraudulent transfer is:
(A) void (B)
illegal
(C) immoral (D) voidable
Ans. (d)
45. Sale is a transfer of ownership in exchange
for a price: .
(A) paid (B) promised
(C)
part paid and part promised
(D)
all of the above
Ans. (d)
46. X
transfers Rs. 5,000 to Y on condition that he shall marry with the consent of
A, B and C, Y married without the consent of A, B and C but obtains their
consent after the marriage. Y has:
A.
fulfilled the condition
B.
not fulfilled the condition
C.
substantially complied with
D.
none of the above
Ans. (b)
47. A contract with or by a minor is a:
A.
valid contract
B.
void contract
C.
voidable contract
D.
voidable contract at the opinion of
either party
Ans. (b)
48. Which of the following is correct?
A.
Past consideration is no consideration
B.
Consideration can be past, present or
future
C.
Consideration can only be present
D.
Consideration can only be future
Ans. (b)
49. A contingent contract:
A.
is valid contract
B.
is voidable contract
C.
is a contract void ab intio
D.
is a contract becomes void when the
event becomes impossible
Ans. (d)
50. Tender is:
A.
an offer
B.
an invitation to offer
C.
a counter offer
D.
a promise
Ans. (b)
51. Reasonable time for performance of a
contract is a question:
A.
of fact
B.
of law
C.
mixed question of fact and law
D.
of prudence
Ans. (a)
52. 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 personal services
Ans. (a)
53. X promises to make a sculpture for V:
A.
X’s son can perform the promise
B.
X has to perform the promise personality
C.
X’s servant can perform the promise
D.
X’s agent who is an artist also, can
perform the promise
Ans. (b)
54. 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)
55. When
a contract has been broken, the party who suffers by such breach, is entitled
to receive from the party, who has broken the contract:
A.
liquidated damages
B.
compensatory damages
C.
penal damages
D.
none of these
Ans. (b)
56. 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)
57. In a pleadge ownership of property or
goods:
A.
continued in pledger
B.
transferred to the pledgee
C.
cannot be transferred to pledgee under any
circumstances
D.
cannot continue with pledger under any
circumstances
Ans. (a)
58. 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.
recision of contract
Ans. (b)
59. If the holder of service land dies,
resigns or is lawfully dismissed, the land shall pass:
A.
by survivorship
B.
or his successor-in-office
C.
by agreement
D.
by patta
Ans. (b)
60. 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)
61. Agriculture year means the year
commencing on:
A.
1st day of January
B.
1st day of April
C.
1st day of July
D.
1st day of October
Ans. (c)
62. Under
Section 44 of M.P. Land Revenue Code, an appeal from the original order of Commissioner
lies to:
A.
District Judge
B.
Settlement Commissioner
C.
High Court
D.
Board of Revenue
Ans. (d)
63. Under
Section 50 of M.P. Land Revenue Code, no application for revision shall be
entertained by Commissioner or Settlement Commissioner or Collector or
Settlement Officer, as the case may be, unless presented within:
A.
Third days
B.
Forty-five years
C.
Sixty days
D.
Seventy-five years from the date of
order:
Ans. (c)
64. 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. (d)
65. On his death, interest of Bhumiswami
shall not pass by:
(A) Inheritance
(B) Survivorship
(C) Bequest (D) Any
agreement
Ans. (d)
66. All revenue officers in a division shall
be subordinate to:
A.
Commissioner
B.
Collector
C.
District Judge
D.
Board of Revenue
Ans. (a)
67. Where
a dispute arises between the State Government and any person in respect of any
right under Section 57 (1) of M.P. Land Revenue Code, providing for state
ownership in all lands, such dispute shall be decided by the.
A.
Revenue Board
B.
Patwari
C.
Sub-Divisional Officer
D.
Naib Tehsildar
Ans. (c)
68. 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. (d)
69. Any
person aggrieved by any entry made Wazib-ul-arj may institute a suit in Civil
Court to have such cancelled or modified within:
A.
90 days
B.
one year
C.
two years
D.
three years
Ans. (b)
70. 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 Bhumiswami on condition of his giving a specified share of the
produce of the land, to the Bhumiswami
D.
to grow 'Singhara'
Ans. (c)
71. A decree may be executed
A.
by the court which passed the decree
B.
by any other court to which a decree has
been sent for execution
C.
both statements are correct
D.
both statement are incorrect
Ans. (c)
72. Any objection of 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)
73. A decree can be:
A.
Preliminary
B.
Final
C.
First preliminary then final
D.
Either preliminary or final
Ans. (d)
74. 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)
75. Principle of res judicata applies:
A.
to suits only
B.
to execution proceedings only
C.
to arbitration proceedings only
D.
to suit as well as execution proceedings
Ans. (d)
76. 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
Ans. (c)
77. The
plaint shall be rejected by the court, under order 7 rule 11 (e) of Civil
Procedure Code, if it is not filed in:
A.
duplicate
B.
triplicate
C.
quadruplicate
D.
five copies
Ans. (a)
78. Pleading means:
A.
plaint only
B.
written statement only
C.
plaint and written statement
D.
plaint, written statement and
replication
Ans. (c)
79. An ex parte decree can be set aside on
the ground that:
A.
summons were not duly served
B.
non-appearance of defendant as copies of
documents filed with plaint were not provided to defendant
C.
defendant refused to receive the summons
and thereafter no fresh summons were issued to him
D.
an ex parte decree cannot be set aside under
any circumstances
Ans. (a)
80. 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)
81. Pleadings can be amended:
A.
before the trial court only
B.
before the first appellate court only
C.
before either the trial court or first appellate
court or second appellate court
D.
before second appellate court only
Ans. (c)
82. 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)
83. A judgment passed by a court can be
reviewed by:
A.
the court passing the judgment
B.
the court of District Judge
C.
the High Court
D.
the Supreme Court
Ans. (a)
84. Caveat shall not remain in force after
the expiry of:
A.
30 days
B.
60 days
C.
90 days
D.
120 days
Ans. (c)
85. X
finds one thousand rupee's note on the public road. He does not know to whom
the note belongs. X pick up the note. Here X has:
A.
not committed any offence
B.
committed dishonest misappropriation of
property
C.
committed robbery
D.
committed theft
Ans. (a)
86. 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)
87. X
and Y both 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 to Z
B.
X and Y both are liable for murder of Z
C.
X is not liable as he did not perform
any overt act
D.
and (C) both are correct
Ans. (b)
88. 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 or simple
D.
no imprisonment
Ans. (a)
89. X
is at work with hatchet, the head of hatchet files off and kills a man V who
was stand by. Here, if there is no want of proper caution on the part of X, has
act is:
A.
not excusable and no offence
B.
excusable and not an offence
C.
an offence but benefit of probation is necessary
D.
an offence or not is depend on the sweet
will of the legal representative of deceased.
Ans. (b)
90. 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 in actually
done and continues during the period of assault
D.
commences only when the assault is actually
done and continues even after the assailment has left
Ans. (a)
91. For criminal conspiracy the minimum
number of persons required is:
(A) seven (B)
five
(C) two' (D)
three
Ans. (c)
92. Assault cannot be caused by':
A.
mere words
B.
gestures
C.
preparation
D.
anyone of these
Ans. (a)
93. Robbery is dacoity if committed conjoined
by:
A.
more than two persons but less than five
persons
B.
more than five persons or more
C.
at least seven persons
D.
at least ten persons
Ans. (b)
94. For an unlawful assembly, the minimum number
of persons required is:
A.
ten
B.
seven
C.
five
D.
three
Ans. (c)
95. X
knows that V is suffering from a disease In his head and also knows that if a
blow is given to V on his head it is likely to cause his death, X gives a first
blown to V on his head. Y died. X is:
A.
guilty of culpable homicide not amounting
to murder
B.
guilty of murder
C.
guilty of causing hurt
D.
guilty of no offence as in ordinary
circumstances that blow is not sufficient to cause death of a person of normal
heath.
Ans. (b)
96. V inserts his hand into the pocket of Z
but the pocket was empty. V guilty of:
A.
no offence as -the offence was not
completed
B.
theft
C.
mischief
D.
attempt to theft
Ans. (d)
97. Two
young ladies X and V fight with each other. X knowingly herself to be likely
permanently disfigure Y's face, she inflicts injury with a blade on the face of
Y, leaving permanent ugly scar on the check of V. Here X is guilty 01 causing:
A.
simple hurt
B.
grievous hart by dangerous means
C.
attempt to commit murder
D.
grievous hurt by rash and negligent act
Ans. (b)
98. When
the injury is intentional and sufficient to cause death in the ordinary course
of nature and death follow, the offence is:
A.
attempt to murder
B.
culpable homicide and amounting to
murder
C.
murder
D.
grievous hurt
Ans. (c)
99. In a cognizable case the police will have
powers to:
A.
investigate except the power to arrest without
warrant
B.
investigate and power to arrest without warrant
only after seeking permission from the Magistrate
C.
Investigate including the power the arrest
without warrant
D.
Investigate and arrest without warrant, only
after informing the Magistrate having jurisdiction to inquire into or try the
offence
Ans. (c)
100. Permission to investigate into a non-cognizable
offence can be granted by a:
A.
Magistrate in any part of India
B.
Magistrate in any part of State
C.
Magistrate having jurisdiction to try
the case
D.
Session Judge
Ans. (c)
Courtesy:-
Legal Point Foundation
No comments:
Post a Comment