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Prelims
Rajasthan Judicial Services (Civil Judge) 2024
21-Jun-2024
1. "A" sues "B" for compensation on account of trespass. "B" holds a promissory note for Rs. 50000/- from "A". Under Order 8 Rule 6 of the Code of Civil Procedure, 1908, to setoff that amount of Rs. 50000/- from any sum to be recovered from "A" in the suit, "B" :-
(1) cannot claim because the different characters of "A" & "B" regarding payment of amount
(2) cannot claim because as soon as "A" recovers, "B" has two different characters
(3) can claim because as soon as "A" recovers, both sums are definite pecuniary demands
(4) cannot claim because the both sums are not definite
Ans. (3)
Explanation:
Civil Procedure Code, 1908
Order VIII Rule 6: Particulars of set-off to be given in written statement.
(1) Where in a suit for the recovery of money the defendant claims to set-off against the plaintiff's demand any ascertained sum of money legally recoverable by him from the plaintiff, not exceeding the pecuniary limits of the jurisdiction of the Court, and both parties fill the same character as they fill in the plaintiff's suit, the defendant may, at the first hearing of the suit, but not afterwards unless permitted by the Court, presents a written statement containing the particulars of the debt sought to be set-off.
(e) A sues B for compensation on account of trespass. B hold a promissory note for Rs. 1,000 from A and claims to set-off that amount against any sum that A may recover in the suit. B may do so, for, as soon as A recovers, both sums are definite pecuniary demands.
Hence, option (3) is the correct answer.
2. Which of the following statement is not correct regarding the notice in writing given under Section 80 the Code of Civil Procedure, 1908?
(1) It is necessary to state the cause of action and the relief.
(2) It is necessary to state the name, description and the place of residence of the plaintiff.
(3) If the defendants are other than Central Government /State Government, then, it is necessary to state the name, description and the place of residence of all the defendants.
(4) The plaint can be presented after expiration of two months from the delivery of such notice.
Ans. (3)
Explanation:
Code of Civil Procedure, 1908
Section 80: Notice.
(1) Save as otherwise provided in sub-section (2), no suits shall be instituted against the Government (including the Government of the State of Jammu and Kashmir) or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing.
(3) No suit instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity shall be dismissed merely by reason of any error or defect in the notice referred to in sub-section (1), if in such notice—
(a) the name, description and the residence of the plaintiff had been so given as to enable the appropriate authority or the public officer to identify the person serving the notice and such notice had been delivered or left at the office of the appropriate authority specified in sub-section (1), and
(b) the cause of action and the relief claimed by the plaintiff had been substantially indicated.
Section 80 of the CPC doesn’t talk about the defendants other than Central or State Government.
Hence, option (3) is the correct answer.
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Explanation of Question No. 14 Drishti Judiciary RJS Civil Judge Test Series- 2024 Sectional Test-02 |
3. Which of the following is an illustration of Section 116 of the Transfer of Property Act, 1882?
(1) A lessee accepts from his lessor a new lease of the property leased, to take effect during the continuance of the existing lease.
(2) "A", the lessor, gives, "B", the lessee, notice to quit the property leased. The notice expires. "B" tenders and "A" accepts, rent which has become due in respect of the property since the expiration of the notice.
(3) "A" lets a farm to "B" for the life of "C". "C" dies, but "B" continues in possession with "A's" assent.
(4) None of the above
Ans. (3)
Explanation:
Transfer of Property Act, 1882
Section 116: Effect of holding over.
If a lessee or under-lessee of property remains in possession thereof after the determination of the lease granted to the lessee, and the lessor or his legal representative accepts rent from the lessee or under-lessee, or otherwise assents to his continuing in possession, the lease is, in the absence of an agreement to the contrary, renewed from year to year, or from month to month, according to the purpose for which the property is leased, as specified in section 106.
(b) A lets a farm to B for the life of C. C dies, but B continues in possession with A's assent. B's lease is renewed from year to year.
Hence, option (3) is the correct answer.
4. Which of the following statement is not correct?
(1) A member holding office as Deputy Chairman of the Council of States shall vacate his office if he ceases to be a member of the council.
(2) A member holding office as Deputy Chairman of the Council of States may at any time,
(3) by writing under his hand addressed to the chairman, resign his office. A member holding office as Deputy Chairman of the Council of States may be removed from his office by resolution of the Council passed by a majority of all the then members of the Council.
(4) A member holding office as Deputy Chairman of the Council of States shall not be removed from his office except by an order of the President of India passed after an address by Council of States supported by a majority of the total members on the ground of proved incapacity.
Ans. (4)
Explanation:
Article 90: Vacation and resignation of, and removal from, the office of Deputy Chairman.
A member holding office as Deputy Chairman of the Council of States—
(a) shall vacate his office if he ceases to be a member of the Council;
(b) may at any time, by writing under his hand addressed to the Chairman, resign his office; and
(c) may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council: Provided that no resolution for the purpose of clause (c) shall be moved unless at least fourteen days’ notice has been given of the intention to move the resolution.
Hence, option (4) is the correct answer.
5. According to the provisions of Limitation Act, 1963, match correctly the suit and article thereof in which period of limitation is prescribed -
| Suit | Article wherein period of limitation is prescribed | ||
| (1) | For money payable for money lent | (a) | Article 54 |
| (2) | For arrears of rent | (b) | Article 19 |
| (3) | For specific performance of a contract | (c) | Article 52 |
| (4) | For foreclosure by a mortgagec | (d) | Article 63 |
(1) (1) - (b)
(2) - (c)
(3) - (d)
(4) - (a)
(2) (1) - (b)
(2) - (c)
(3) - (a)
(4) - (d)
(3) (1) - (c)
(2) - (d)
(3) - (a)
(4) - (b)
(4) (1) - (d)
(2) - (b)
(3) - (a)
(4) - (c)
Ans. (2)
Explanation:
Limitation Act, 1963
(1) For money payable for money lent: (b) Article 19:
(2) For arrears of rent: (c) Article 52:
(3) For specific performance of a contract: (a)Article 54:
(4) By a mortgagee for foreclosure: (d)Article 63:
Hence, option (2) is the correct answer.
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Explanation of Question No. 30 Drishti Judiciary RJS Civil Judge Test Series- 2024 FLT-07 Explanation of Question No. 59 Drishti Judiciary RJS Civil Judge Test Series- 2024 FLT-09 |
6. Which of the following power is not vested in the court to which the decree was sent for execution?
(1) Power to send the decree for execution to another court under Section 39 of the Code of Civil Procedure, 1908
(2) Power to execute the decree against the legal representative deccased judgment debtor under Section 50 of the Code of Civil Procedure, 1908
(3) Power to order execution at the instance of the transferee of the decree
(4) Power to order attachment of a decree
Ans. (3)
Explanation:
Civil Procedure Code, 1908
Section 42 : Power of court in executing transferred decree
(2) Without prejudice to the generality of the provisions of sub- section (1), the powers of the
Court under that sub-section shall include the following powers of the Court which passed the
decree, namely —
(a) power to send the decree for execution to another Court under section 39
(b) power to execute the decree against the legal representative of the deceased
judgment-debtor under section 50 ;
(c) power to order attachment of a decree;
Hence, option (3) is the correct answer.
7. Which of the following cases, is related to the ambit of judicial review in the matter of appointment of judges to High Courts under Article 217 of the Constitution of India?
(1) Anna Mathews Vs. Union of India
(2) Anna Mathews Vs. Supreme Court of India
(3) Anna Mathews Vs. President of India
(4) Anna Mathews Vs. State of Kerala
Ans. (2)
Explanation:
Constitution of India, 1950
Anna Mathews v. Supreme Court of India, 2023
The Supreme Court held in this case that Article 217(1) of the Constitution deals with the suitability of a person, while Article 217(2) deals with the “eligibility” of a person to become a Judge. While eligibility is an objective factor, suitability is subjective. The bench held that the question as to who should be elevated, which essentially involves the aspect of “suitability” stands excluded from the purview of judicial review.
Hence, option (2) is the correct answer.
8. Which of the following communications, is not protected from disclosure under Section 126 of the Indian Evidence Act, 1872?
(1) The client says to his advocate that he has murdered "A" by shooting and he wishes that advocate is to defend him.
(2) The client says to his advocate that he has obtained the possession of the property on the basis of forged documents and he wishes that advocate is to defend him.
(3) The client says to his advocate that he wishes to obtain possession of the property on the basis of forged will, on which he requests to sue.
(4) All of the above
Ans. (3)
Explanation:
Indian Evidence Act, 1872
Section 126: Professional communications.
No barrister, attorney, pleader or vakil, shall at any time be permitted, unless with his client’s express consent, to disclose any communication made to him in the course and for the purpose of his employment as such barrister, pleader, attorney or vakil, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional employment, or to disclose any advice given by him to his client in the course and for the purpose of such employment: Provided that nothing in this section shall protect from disclosure ––
(1) any such communication made in furtherance of any illegal purpose,
(2) any fact observed by any barrister, pleader, attorney or vakil, in the course of his employment as such, showing that any crime or fraud has been committed since the commencement of his employment.
It is immaterial whether the attention of such barrister, pleader, attorney or vakil was or was not directed to such fact by or on behalf of his client.
(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.”
This communication, being made in furtherance of a criminal purpose, is not protected from disclosure.
Hence, option (3) is the correct answer.
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Explanation of Question No. 43 Drishti Judiciary RJS Civil Judge Test Series- 2024 FLT-06 |
9. Which of the statement is not correct according to the provisions of Rule 43 and Rule 68 of Order 21 of the Code of Civil Procedure, 1908?
(1) When the property seized is subject to speedy and natural decay, then, it may be sold at once.
(2) The sale of Immovable property shall not take place until after the expiration of at least 15 days calculated from the date on which the copy of the proclamation has been affixed on the court house of the Judge ordering the same.
(3) The sale of movable property shall not take place until after the expiration of at least 7 days calculated from the date on which the copy of the proclamation has been affixed on the court house of the Judge ordering the same.
(4) The sale of Immovable property shall not take place until after the expiration of at least 1 month calculated from the date on which the copy of the proclamation has been affixed on the court house of the Judge ordering the same.
Ans. (4)
Explanation:
Code of Civil Procedure, 1908
Order XXI Rule 43: Attachment of movable property, other than agricultural produce, in possession of judgment-debtor
When the property seized is subject to speedy and natural decay, or when the expense of keeping it in custody is likely to exceed its value, the attaching officer may sell it at once.
Order XXI Rule 68: Time of sale.
Save in the case of property of the kind described in the proviso to rule 43, no sale hereunder shall, without the consent in writing of the judgment-debtor, take place until after the expiration of at least 1 [fifteen days] in the case of immovable property, and of at least 2 [seven days] in the case of movable property, calculated from the date on which the copy of the proclamation has been affixed on the court-house of the Judge ordering the sale.
Hence, option (4) is the correct answer.
10. Civil Procedure Code is included in which of the lists of the Constitution of India?
(1) State List
(2) Concurrent List
(3) Union List
(4) All of the above
Ans. (2)
Explanation:
Constitution of India, 1950
CPC included in the List-III, Concurrent List.
Hence, option (2) is the correct answer.
11. In which illustration of the following illustrations, the surety discharged from his liability?
(1) "C" the holder of an overdue bill of exchange drawn by "A" as surety for "B", and accepted by "B" contracts with "M" to give to "B".
(2) "B" owes to "C" a debt guaranteed by "A". The debt becomes payable. "C" does not sue "B" for a year after the debt has become payable.
(3) "C" contract to lend "B" Rs. 5000/- on the 1" March. "A" guarantees repayment. "C" pays Rs. 5000/- to "B" on 1" of January.
(4) In all of the above
Ans. (3)
Explanation:
Indian Contract Act, 1872
Section 133 : Discharge of surety by variance in terms of contract
Any variance, made without the surety’s consent, in the terms of the contract between the principal debtor and the creditor, discharges the surety as to transactions subsequent to the variance.
(e) C contracts to lend B 5,000 rupees on the 1st March. A guarantees repayment. C pays the 5,000 rupees to B on the 1st January. A is discharged from his liability, as the contract has been varied, inasmuch as C might sue B for the money before the1st of March.
Hence, option (3) is the correct answer.
12. "A" obtains a decree against "B" for Rs. 25000/-, "C", who is a trustee for "B", obtains a decree on behalf of "B" against "A" for Rs. 25000/-.
Which of the following statement is correct with regard to above illustration?
(1) "B" can treat "C's" decree as a cross decree.
(2) "B" cannot treat "C's" decree as a cross decree.
(3) "C" can deny to treat his decree as a cross decree.
(4) None of the above
Ans. (2)
Explanation:
Code of Civil Procedure, 1908
Order XXI Rule 18: Execution in case of cross-decrees.
(1) Where applications are made to a Court for the execution of cross-decrees in separate suits for the payment of two sums of money passed between the same parties and capable of execution at the same time by such Court, then
(a) if the two sums are, equal, satisfaction shall be entered upon both decrees; and (b) if the two sums are unequal execution may be taken out only by the holder of the decree for the larger sum and for so much only as remains after deducting the smaller sum, and satisfaction for the smaller sum shall be entered on the decree for the larger sum as well as satisfaction on the decree for the smaller sum.
A obtains a decree against B for Rs. 1,000. C, who is a trustee for B, obtains a decree on behalf of B against A for Rs. 1,000. B cannot treat C's decree as a cross-decree under this rule.
Hence, option (2) is the correct answer.
13. The statutes of limitation are premised on which fundamental legal maxim?
(1) Vigilantibus non dormientibus jura subveniunt
(2) Actori incumbit onus probandi
(3) Frustra probatur quod probatum non relevant
(4) Nemo potest esse tenens et dominus
Ans. (1)
Explanation:
Interpretation of Statutes and Limitation Act, 1963
Vigilantibus non dormientibus jura subveniunt
The maxim “Vigilantibus non dormientibus jura subveniunt” literally means that “the law aids the vigilant, not those who sleep over their rights”. In order to claim one's right, she/he must be watchful of his/her right.
Hence, option (1) is the correct answer.
14. Which of the following statement is correct for the purposes of Section 21 of the Specific Relief Act, 1963?
(1) Compensation can only be awarded in those matters, where specific performance is not granted.
(2) The compensation cannot be awarded, where, plaintiff has not claimed the compensation in the suit.
(3) The compensation cannot be awarded, where, the contract has become incapable of specific performance.
(4) If the plaintiff has not claimed the compensation at the time of filing of the suit, he cannot amend his plaint, demanding compensation.
Ans. (2)
Explanation:
Specific Relief Act, 1963
Section 21: Power to award compensation in certain cases.
(1) In a suit for specific performance of a contract, the plaintiff may also claim compensation for its breach in addition to such performance.
(5) No compensation shall be awarded under this section unless the plaintiff has claimed such compensation in his plaint:
Provided that where the plaintiff has not claimed any such compensation in the plaint, the court shall, at any stage of the proceeding, allow him to amend the plaint on such terms as may be just, for including a claim for such compensation.
Hence, option (2) is the correct answer.
15. Which of the following statement is not correct with regard to mortgages of immovable property and charges under the Transfer of Property Act, 1882?
(1) The transferor is called a mortgagor and the transferee a mortgagee.
(2) The instrument by which the transfer is effected, is called a mortgage deed.
(3) In simple mortgage, the possession of the mortgaged property is delivered.
(4) The provision with regard to accession to mortgaged property is envisaged in Section 63 of the Act of 1882.
Ans. (3)
Explanation:
Transfer of Property Act, 1882
Section 58. “Mortgage”, “mortgagor”, “mortgagee”, “mortgage-money” and “mortgage-deed” defined.
(b) Simple mortgage.—Where, without delivering possession of the mortgaged property, the mortgagor binds himself personally to pay the mortgage-money, and agrees, expressly or impliedly, that, in the event of his failing to pay according to his contract, the mortgagee shall have a right to cause the mortgaged property to be sold and the proceeds of sale to be applied, so far as may be necessary, in payment of the mortgage-money, the transaction is called a simple mortgage and the mortgagee a simple mortgagee.
Hence, option (3) is the correct answer.
16. In which of the following judgements, Hon'ble Supreme Court declared that Right to Privacy is a Fundamental Right?
(1) Association for domestic reforms Vs. Union of India
(2) Rajeev Kumar Gupta Vs. Union of India
(3) Navtej Singh Johar Vs. Union of India
(4) Justice K.S. Puttaswamy (Retd.) and Anr Vs. Union of India and Ors.
Ans. (4)
Explanation:
Constitution of India, 1950
Justice K.S. Puttaswamy (Retd.) & Anr. vs. Union of India & Ors., 2017
The nine Judge Bench in this case unanimously reaffirmed the right to privacy as a fundamental right under the Constitution of India. The SC held that the right of privacy is a fundamental right. It is a right which protects the inner sphere of the individual from interference from both State and non-State actors and allows the individuals to make autonomous life choices.
Hence, option (4) is the correct answer.
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Explanation of Question No. 46 Drishti Judiciary RJS Civil Judge Test Series- 2024 FLT-07 |
17. No attachment under a precept sent under Section 46 of the Code of Civil Procedure, 1908 shall continue for more than months.
(1) One
(2) Two
(3) Three
(4) Six
Ans. (2)
Explanation:
Code of Civil Procedure, 1908
Section 46. Precepts.
According to the proviso that no attachment under a precept shall continue for more than two months unless the period of attachment is extended by an order of the Court which passed the decree or unless before the determination of such attachment the decree has been transferred to the Court by which the attachment has been made and the decree-holder has applied for an order for the sale of such property.
Hence, option (2) is the correct answer.
18. "When specific words are followed by general words, the meaning of those general words should be taken in the context of those specific words and the general words should be construed as limited as the specific words."
The above rule is -
(1) Rule of harmonious interpretation
(2) Golden Rule of interpretation
(3) Rule of homogeneous interpretation
(4) Rule of Association
Ans. (2)
Explanation:
Interpretation of Statutes
Golden Rule of Interpretation
The golden rules of interpretation departs from its strictly literal rules, it is elaboration or extension of literal rule. Golden rule of interpretation allows judges to depart from a word normal meaning in order to avoid an absurd result.
According to the golden rule in the construction of a statute, the Court must adhere to the ordinary meaning of the words used in the construction of the words used. Golden rule can be used in a narrow sense and wider Sense.
Hence, option (2) is the correct answer.
19. In which of the following cases, Hon'ble Supreme Court held that there is no unqualified right to marriage and that same sex couple cannot claim this as a fundamental right?
(1) Supriyo @ Supriya Chakraborty and Anr. Vs. Union of India
(2) Subhash Desai Vs. Chief Secretary & Anr.
(3) Dr. Jaya Thakur Vs. Union of India
(4) Dev Gupta Vs. Union of India
Ans. (1)
Explanation:
Constitution of India, 1950
Supriyo @ Supriya Chakraborty vs Union of India, 2023
i. There is no unqualified right to marriage except that recognised by statute including space left by custom.
ii. An entitlement to legal recognition of the right to union – akin to marriage or civil union, or conferring legal status upon the parties to the relationship can be only through enacted law. A sequitur of this is that the court cannot enjoin or direct the creation of such regulatory framework resulting in legal status.
iii. The finding in (i) and (ii) should not be read as to preclude queer persons from celebrating their commitment to each other, or relationship, in whichever way they wish, within the social realm.
Hence, option (1) is the correct answer.
20. The judgment debtor shall secure to the decree holder such periodical payments.
(1) In execution decrees of restitution of conjugal rights
The above order can be passed by the court in execution of which type of decree?
(2) In execution decrees of immovable property
(3) Execution of decree for execution of document
(4) Execution of decree against firm
Ans. (1)
Explanation:
Code of Civil Procedure, 1908
Order XXI Rule 33: Discretion of Court in executing decrees for restitution of conjugal rights.
(2) Where the Court has made an order under sub-rule (1) * * *, it may order that, in the event of the decree not being obeyed within such period as may be fixed in this behalf, the judgment-debtor shall make to the decree-holder such periodical payments as may be just, and, if it thinks fit, require that the judgment-debtor shall, to its satisfaction, secure to the decree-holder such periodical payments.
(3) The Court may from time to time vary or modify any order made under sub-rule (2) for the periodical payment of money, either by altering the times of payment or by increasing or diminishing the amount.
Hence, option (1) is the correct answer.
21. Under the Code of Civil Procedure, 1908, "The first hearing of the suit" means -
(1) The presentation of the plaint in the court
(2) The presentation of written statement by the defendant
(3) The examination under Order 10 Rule 2
(4) The framing of issues.
Ans. (3)
Explanation:
Code of Civil Procedure, 1908
Order X Rule 2: Oral examination of party, or companion of party
(1) At the first hearing of the suit, the Court— (a) shall, with a view to elucidating matters in controversy in the suit examine orally such of the parties to the suit appearing in person or present in Court, as it deems fit; and (b) may orally examine any person, able to answer any material question relating to the suit, by whom any party appearing in person or present in Court or his pleader is accompanied.
Hence, option (3) is the correct answer.
22. Match correctly -
| Decree | Order & Rule | ||
| (1) | Decree in Administration Suit | (a) | Order 20 Rule 14 |
| (2) | Decree in Pre-emption Suit | (b) | Order 20 Rule 18 |
| (3) | Decree in Suit for partition of Property | (c) | Order 20 Rule 12 |
| (4) | Decree for Possession and mesne Profits | (d) | Order 20 Rule 13 |
(1) (1)-(d)
(2)-(a)
(3)-(b)
(4)-(c)
(2) (1)-(b)
(2)-(c)
(3) - (d)
(4) - (a)
(3) (1)-(a)
(2)-(b)
(3)-(c)
(4)-(d)
(4) (1)-(c)
(2)-(d)
(3)-(a)
(4)-(b)
Ans. (1)
Explanation:
Code of Civil Procedure, 1908
(1) Decree in Administration suit - (a) Order 20 Rule 13
(2) Decree in Pre-emption suit - (b) Order 20 Rule 14
(3) Decree in Suit for partition of property - (c) Order 20 Rule 18
(4) Decree for Possession and mesne profits - (d) Order 20 Rule 12
Hence, option (1) is the correct answer.
23. With regard to the Doctrine of Estoppel, which of the following statement is wrong?
(1) The Doctrine of Estoppel is recognised by Rule of Equity.
(2) The Doctrine of Estoppel deals only relating to the aspect of public policy.
(3) The Doctrine of Estoppel arises from the conduct of parties.
(4) The Doctrine of Estoppel is not applicable against a minor.
Ans. (2)
Explanation:
Code of Civil Procedure, 1908 and Indian Evidence Act, 1872
The rule of estoppel looks into the aspects of equity, justice and good conscience. Estoppel prevents the parties from performing certain acts which is denying to what was earlier said by him. The principle of estoppel has been incorporated from sections, 115 to 117 of the Indian Evidence Act, 1872.
And whereas Res Judicata deals with the public policy. The principle of res judicata has been incorporated under section 11 of the Code of Civil procedure, 1908. Res judicata prevents the court from performing certain action which is dealing with the same case which has already been decided by some other court.
Hence, option (2) is the correct answer.
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Explanation of Question No. 15 Drishti Judiciary RJS Civil Judge Test Series- 2024 FLT-05 |
24. The legal maxim "Ut Res Magis Valeat Onam Pareatis" is also known as -
(1) Rule of harmonious construction
(2) Rule of Reasonable construction
(3) Rule of ejusdem generis
(4) Golden Rule of Interpretation
Ans. (2)
Explanation:
Interpretation of Statutes
Ut Res Magis Valeat Quam Pereat
The maxim 'ut res magis valeat quam pereat' is an important principle of interpretation of statutes which literally means: “It may rather become operative than null”. The effect of this maxim is that an enacting provision or a statute has to be so construed to make it effective and operative. This is known as Rule of Reasonable construction.
Hence, option (2) is the correct answer.
25. "A" is a decree holder and "B" is a judgment debtor. "B" took loan from "A". At that time, it was the condition mentioned in the agreement that all moneys payable under a policy of life insurance of "B" will also be liable to pay the amount of loan and for attachment.
(1) Such agreement is voidable at the instance of "B"
(2) Such agreement is Lawful
(3) Such agreement is void ab initio
(4) Looking to the facts and circumstances of the case the court will pass the order regarding such agreement being void, legal or voidable
Ans. (3)
Explanation:
Code of Civil Procedure, 1908
Section 60: Property liable to attachment and sale in execution of decree
(1)Provided that the following particulars shall not be liable to such attachment or sale, namely:
(kb)all moneys payable under a policy of insurance on the life of the judgment-debtor;
Hence, option (3) is the correct answer.
26. In which of the following cases, Hon'ble Supreme Court observed that presumption U/S 90 of the Indian Evidence Act, 1872 with regard to the genuineness and regularity of documents which are more than 30 years old, is inapplicable when it comes to a will?
(1) Ramakrushna Mohapatra and others Vs. Gangadhar Mohapatra and others
(2) Ashutosh Samante (D) by LRs and others Vs. SM. Ranjan Bala Dasi and others
(3) Lupin Limited Vs. Johnson & Johnson
(4) Rani Purnima Devi & Anr. Vs. Kumar Khagendra Narain Dev & Anr.
Ans. (2)
Explanation:
Ashutosh Samante (D) by LRs and others v. Gangadhar Mohapatra and others
The court held observed that the presumption under section 90 of the Indian Evidence Act, 1872 with regard to the genuineness and regularity of documents which are more than 30 years old, is inapplicable when it comes to a will
Hence, option (2) is the correct answer.
27. Which of the following statement is correct, when the reference of question has been made to the High Court under Order 46 Rule 1 of the Code of Civil Procedure, 1908?
(1) After making the reference, the court who made the reference will not proceed in the case until the receipt of the copy of the judgement of the High Court upon the reference.
(2) After making the reference, the court who made the reference can proceed in the case and may pass a decree contingent upon the decision of the High Court on the point referred.
(3) After making the reference, the court who made the reference shall return the file to the party with the direction to re-present on receipt Court upon the reference. of the copy of the judgement of the High
(4) All of the above statements are correct.
Ans. (2)
Explanation:
Code of Civil Procedure, 1908
Section 46 Rule 2: Court may pass decree contingent upon decision of High Court
The Court may either stay the proceedings or proceed in the case notwithstanding such reference, and may pass a decree or make an order contingent upon the decision of the High Court on the point referred.
Hence, option (2) is the correct answer.
28. The agreement executed on 01.01.2024 between landlord and the tenant to increase the rent of the let-out premises by 4% per annum. Under Section 7 of the Rajasthan Rent Control Act, 2001, such agreement
(1) is lawful
(2) is voidable at the instance of the tenant
(3) is voidable at the instance of the landlord
(4) is void ab initio
Ans. (1)
Explanation:
Rajasthan Rent Control Act, 2001
Section 7: Revision of rent in respect of new tenancies.
(1) In the absence of any agreement to the contrary, the rent of the premises let out after the commencement of this Act shall beliable to be increased at the rate of 5 % per annum and the amount of increase of rent shall be merged in such rent after ten years. Such rent shall further be liable to be increased at the similar rate and merged in similar manner till the tenancy subsists.
(2) Any agreement for increase of rent in excess of 5% per annum shall be void to that extent.
Hence, option (1) is the correct answer.
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Question no. 38 Drishti Judiciary RJS Civil Judge Test Series- 2024 FLT- 08 |
29. A law made by one legislature affects the scope of the other legislature in a related manner, then which of the following doctrine of interpretation is applied?
(1) Doctrine of Separation
(2) The doctrine of imbibing essence
(3) Doctrine of colourable legislation
(4) Doctrine of rigidity
Ans. (3)
Explanation:
The Constitution of India, 1950
Doctrine of Colourable Legislation
The doctrine of colourable legislation implies that whatever is prohibited directly is prohibited indirectly also. This is intended to bar the legislature from doing something indirectly or covertly that has been prohibited from doing directly
Hence, option (3) is the correct answer.
30. Which of the following is not correct under the provisions of the Transfer of Property Act, 1882?
(1) An interest in property restricted in its enjoyment to the owner personally can be transferred by him.
(2) Instrument means a non-testamentary instrument.
(3) An easement cannot be transferred apart from the dominant heritage.
(4) A transfer of property may be made without writing in every case in which a writing is not expressly required by law.
Ans. (1)
Explanation:
Transfer of Property Act, 1882
Section 6: What may be transferred
Property of any kind may be transferred, except as otherwise provided by this Act or by any other law for the time being in force.
(d)An interest in property restricted in its enjoyment to the owner personally cannot be transferred by him
Hence, option (1) is the correct answer.
31. Under Section 20(3) of Rajasthan Rent Control Act, 2001, "mesne profit" denotes-
(1) Rent as agreed as envisaged in Section 4 of the Act, 2001
(2) Compensation depriving landlord from the use of the premises
(3) Revision of Rent as envisaged in Section 7 of the Act, 2001
(4) Revision of Rent as per Section 6(2) of the Act, 2001
Ans. (2)
Explanation:
Rajasthan Rent Control Act, 2001
Section 20 : Execution of Orders
(3) If the tenant does not vacate the premises within three months of the date of issue of certificate for recovery of the possession, he shall be liable, from the date of issue of certificate, for recovery of possession to pay mesne profits at the rate of 2 times the rent in case of premises let out for residential purposes, at the rate of 3 times the rent, in case of premises let out for commercial purposes and at the rate of 3 times the rent in case certificate for recovery of immediate possession has been issued under section 16.
Hence, option (2) is the correct answer.
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Explanation of Question No. 9 Drishti Judiciary RJS Civil Judge Test Series- 2024 Sectional Test-03 |
32. In which order d of the Code of Civil Procedure, 1908, under the expression "Decree" includes the
final order?
(1) Order 41
(2) Order 43
(3) Order 45
(4) Order 47
Ans. (3)
Explanation:
Code of Civil Procedure, 1908
Order XLV Rule 1: “Decree” defined
In this Order, unless there is something repugnant in the subject or context, the expression “decree” shall include a final order.
Hence, option (3) is the correct answer.
33. Article 39A of the Constitution of India deals with -
(1) Equal Pay for Equal Work
(2) Equal Justice and free legal aid
(3) Uniform Civil Code for the Citizens
(4) Living wage etc. for workers
Ans. (2)
Explanation:
The Constitution of India, 1950
Article 39A: Equal justice and free legal aid.
The State shall secure that the operation of the legal system promotes justice, on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities.
Hence, option (2) is the correct answer.
34. The object behind the oral examination of parties under Order 10 Rule 2 of the Code of Civil Procedure, 1908 is -
(1) To elucidating matters in controversy
(2) To Pre-examining the witnesses
(3) To find out the issues of facts & law
(4) To find out the admitted facts
Ans. (1)
Explanation:
Code of Civil Procedure, 1908
Order X Rule 2: Oral examination of party, or companion of party.
(1) At the first hearing of the suit, the Court— (a) shall, with a view to elucidating matters in controversy in the suit examine orally such of the parties to the suit appearing in person or present in Court, as it deems fit.
Hence, option (1) is the correct answer.
35. Which of the following is not an appealable order?
(1) An Order under Rule 34 of Order 21 of the Code of Civil Procedure, 1908
(2) An Order under Rule 17 of Order 6 of the Code of Civil Procedure, 1908
(3) An Order under Rule 10 of Order 22 of the Code of Civil Procedure, 1908
(4) An Order under Rule 2 of Order 25 of the Code of Civil Procedure, 1908
Ans. (2)
Explanation:
Code of Civil Procedure, 1908
Order VI Rule 17: Amendment of pleadings.
The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties: Provided that no application for amendment shall be allowed after the trial has commenced, unless the Court comes to the conclusion that in spite of due diligence, the party could not have raised the matter before the commencement of trial.
Hence, option (2) is the correct answer.
36. Ramlal purchase a motorcycle and get it insured. Thereafter, he causes to same cast away, with the intention of causing damages to the insurance company. Which offence, Ramlal has committeed?
(1) Mischief
(2) Cheating
(3) Criminal Misappropriation
(4) Criminal Breach of Trust
Ans. (1)
Explanation:
Section 425. Mischief.
The given illustration is based on an illustration (e) of the same section. Section 425 provides that definition of Mischief. Which says whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or any person, causes the destruction of any property, or any such change in any property or the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits "mischief".
Hence, option (1) is the correct answer.
37. Who among the following does not include in the definition of "Domestic Worker" under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013?
(1) Women employed on temporary basis
(2) Women employed on permanent basis
(3) Women employed on part time basis
(4) Any member of the family of the employer
Ans (4)
Explanation:
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013
Section 2: Definition
2(e) "domestic worker" means a woman who is employed to do the household work in any household for remuneration whether in cash or kind, either directly or through any agency on a temporary, permanent, part time or full time basis, but does not include any member of the family of the employer.
Hence, option (4) is the correct answer.
38. Which of the following does not come under the exception to the offence of Defamation?
(1) Imputation of truth which public good requires to be made or published
(2) Public conduct of Public Servants
(3) Merits of case decided in Courts or conduct of witnesses and other concerned
(4) Censure passed in good faith by the person not having lawful authority over another
Ans (4)
Explanation:
Indian Penal Code, 1860
Section 499: Defamation
The Indian Penal Code lists several exceptions to the offence of defamation. These include:
- First Exception- Imputation of truth which public good requires to be made or published.
- Second Exception-Public conduct of public servants
- Third Exception-Conduct of any person touching any public question.
- Fourth Exception-Publication of reports of proceedings of courts
- Fifth Exception-Merits of a case decided in Court or conduct of witnesses and others concerned.
- Sixth Exception-Merits of public performance.
- Seventh Exception-Censure passed in good faith by a person having lawful authority over another.
- Eighth Exception-Accusation preferred in good faith to authorised person.
- Ninth Exception-Imputation made in good faith by a person for the protection of his or other's interests.
- Tenth Exception-Caution intended for the good of the person to whom conveyed or for the public good.
Hence, option (4) is the correct answer.
39. There was an argument between Ramesh and Suresh over some issue. Ramesh started abusing Suresh badly, which caused sudden and grave provocation to Suresh. Suresh had a stick lying beside him. Under the effect of sudden and grave provocation, he picked up the stick with his right hand. Vijay, who has an old enmity with Ramesh and wants to kill Ramesh at any cost, was standing nearby and watching all this. He suddenly reached there and says to Suresh, what kind of a person are you, you are standing and listening to abuses against your mother and sister, the stick is not going to do anything, take this revolver, saying this he hands over a revolver to Suresh and Suresh takes the revolver and fires at Ramesh, which causes Ramesh's death. What offences have Suresh and Vijay committed?
(1) Both have committed the offence of culpable homicide not amounting to murder.
(2) Suresh has committed the offence of murder and Vijay has committed the offence of culpable homicide not amounting to murder.
(3) Vijay has committed the offence of murder and Suresh has committed the offence of culpable homicide not amounting to murder.
(4) Both have committed the offence of murder.
Ans. (4)
Explanation:
Indian Penal Code, 1860
Section 300: Murder
Both Suresh and Vijay committed the offence of murder. Initially, Suresh was provoked by Ramesh's abusive language, leading to sudden and grave provocation. Although Suresh first picked up a stick, Vijay, with an old enmity towards Ramesh, incited Suresh further by providing him with a revolver and encouraging its use. Suresh then used the revolver to shoot Ramesh, resulting in his death. Under Section 300 of the Indian Penal Code (IPC), both acted with the intent to cause death, fulfilling the criteria for murder. Additionally, Section 34 of the IPC holds them equally liable due to their common intention. Therefore, both Suresh and Vijay are guilty of murder. Here the defence of grave and sudden provocation will not be applicable. In this case, the defense of grave and sudden provocation is not applicable.
Hence, option (4) is the correct answer.
40. While committing any case exclusively triable by the Court of Sessions, Magistrate shall remand the accused for how much period?
(1) For a period of 15 days
(2) Until the date of framing of charge by the Court of Sessions
(3) During and until the conclusion of trial
(4) Remaining period of 60 and 90 days, as the case may be, as prescribed under Section 167
of the Code of Criminal Procedure
Ans (3)
Explanation:
Code of Criminal Procedure, 1973
Section 209. Commitment of case to Court of Session when offence is triable exclusively by it.
When in a case instituted on a police report or otherwise, the accused appears or is brought before the Magistrate and it appears to the Magistrate that the offence is triable exclusively by the Court of Session, he shall—
(a) commit, after complying with the provisions of section 207 or section 208, as the case may be, the case to the Court of Session, and subject to the provisions of this Code relating to bail, remand the accused to custody until such commitment has been made;
(b) subject to the provisions of this Code relating to bail, remand the accused to custody during, and until the conclusion of, the trial;
(c) send to that Court the record of the case and the documents and articles, if any, which are to be produced in evidence;
(d) notify the Public Prosecutor of the commitment of the case to the Court of Session.
Hence, option (3) is the correct answer.
41. Under the Juvenile Justice (Care and Protection of Children) Act, 2015, which of the following statement is wrong in relation with the eligibility of prospective adoptive parents?
(1) The prospective adoptive parents shall be physically fit, financially sound, mentally alert and highly motivated to adopt a child for providing a good upbringing to him.
(2) In case of a couple, the consent of both the spouses for the adoption shall be required.
(3) A single male is eligible to adopt a girl child.
(4) A single or divorced person can also adopt, subject to fulfilment of the criteria and in accordance with the provisions of adoption regulations framed by the Authority.
Ans. (3)
Explanation:
Juvenile Justice (Care and Protection of Children) Act, 2015
Section 57: Eligibility of prospective adoptive parents.
(4) A single male is not eligible to adopt a girl child.
Hence, option (3) is the correct answer.
42. Who among the following is not competent to conduct investigation?
(1) Station House Officer of Police Station
(2) A Magistrate
(3) Any person, other than Magistrate, who is authorized by a Magistrate in this behalf
(4) Director General of Police of the State
Ans. (2)
Explanation:
Code of Criminal Procedure, 1973
Section 2(h): Investigation
Investigation includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf
Hence, option (2) is the correct answer.
43. U/s 33 of Indian Evidence Act, 1872, a criminal trial regarding relevancy of certain evidence for proving, in subsequent proceeding, truth of facts therein stated shall be deemed to be -
(1) a proceeding between the complainant and the accused
(2) a proceeding between the prosecutor and the accused
(3) a proceeding between the witness produced for the complainant and the accused
(4) All of the above are correct
Ans. (4)
Explanation:
Indian Evidence Act, 1872
Section 33: Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts therein stated
Evidence given by a witness in a judicial proceeding, or before any person authorised by law to take it, is relevant for the purpose of proving, in a subsequent judicial proceeding, or in a later stage of the same judicial proceeding, the truth of the facts which it states, when the witness is dead or cannot be found, or is incapable of giving evidence, or is kept out of the way by the adverse party, or if his presence cannot be obtained without an amount of delay or expense which, under the circumstances of the case, the Court considers unreasonable:
Provided: that the proceeding was between the same parties or their representatives in interest; that the adverse party in the first proceeding had the right and opportunity to cross-examine; that the questions in issue were substantially the same in the first as in the second proceeding.
Explanation: A criminal trial or inquiry shall be deemed to be a proceeding between the prosecutor and the accused within the meaning of this section
Hence, option (4) is the correct answer.
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Explanation of Question No. 26 Drishti Judiciary RJS Civil Judge Test Series- 2024 Sectional Test-01 |
44. When one fact is declared by the Indian Evidence Act, 1872 to be the conclusive proof of another, the court
(1) shall, on disproving one fact, regard the other as proved, and shall not allow evidence to
be given for the purpose of disproving it.
(2) shall, on proof of one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.
(3) shall, on proof of one fact, regard the other as proved, and shall allow evidence to be given for the purpose of disproving it.
(4) shall, on proof of one fact, regard the other as disproved, and shall not allow evidence to be given for the purpose of disproving it.
Ans. (2)
Explanation:
Indian Evidence Act, 1872
Section 4 : Conclusive proof
When one fact is declared by this Act to be the conclusive proof of another, the Court shall, on proof of the one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it.
Hence, option (2) is the correct answer.
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Question No. 60 Drishti Judiciary RJS Civil Judge Test Series- 2024 FLT-08 |
45. Accused prays before the court to see the report of Probation Officer made under Section 4(2) or 6(2) of the Probation of Offenders Act, 1958. In this regard, which of the following statement is correct?
(1) A copy of such report is to be made available to the accused so that he may produce reasonable evidence in his defence.
(2) Such report must be made available for perusal to the accused or his advocate, whereupon, he will put signature after making endorsement that he has perused the report.
(3) Such report is a confidential document, although, the court may, if it so thinks fit, communicate the substance thereof to the accused.
(4) Accused may submit the application for copy as per rule and may get certified copy.
Ans. (3)
Explanation:
Probation of Offender Act, 1958
Section 7 : Report of probation officer to be confidential
The report of a probation officer referred to in sub-section (2) of section 4 or sub-section (2) of section 6 shall be treated as confidential: Provided that the court may, if it so thinks fit, communicate the substance thereof to the offender and may give him an opportunity of producing such evidence as may be relevant to the matter stated in the report.
Hence, option (3) is the correct answer.
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Explanation of Question No. 46 Drishti Judiciary RJS Civil Judge Test Series- 2024 Sectional Test-04 |
46. Ramswaroop is charged and convicted for the theft of the golden chain of Savita.
Which of the following statement is correct regarding above illustration?
(1) Ramswaroop can subsequently charged with and tried for robbery on the same facts.
(2) Ramswaroop can neither subsequently be charged nor tried for robbery on the same facts.
(3) However, Ramswaroop can subsequently be charged with for robbery on the same facts but shall be acquitted without trial as per the provisions prescribed under Section 300 of the Code of Criminal Procedure, 1973
(4) After getting prior permission in writing from the District & Sessions Judge concerned, only thereafter, Ramswaroop can subsequently be charged with and tried for robbery on the same facts.
Ans. (2)
Explanation:
Code of Criminal Procedure, 1973
Section 300: Person once convicted or acquitted not to be tried for same offence.
(1) A person who has once been tried by a Court of competent jurisdiction for an offence and convicted or acquitted of such offence shall, while such conviction or acquittal remains in force, not be liable to be tried again for the same offence, nor on the same facts for any other offence for which a different charge from the one made against him might have been made under sub-section (1) of section 221, or for which he might have been convicted under sub-section (2) thereof.
Hence, option (2) is the correct answer.
47. Distribution of which of the following samples under the Indecent Representation of Women (Prohibition) Act, 1986 comes under the definition of "Distribution"?
(1) Distribution of free samples only
(2) Distribution of paid samples only
(3) Distribution by way of samples whether free or otherwise
(4) Distribution of samples does not come under the definition of Distribution
Ans (3)
Explanation:
The Indecent Representation of Women (Prohibition) Act, 1986
Section 2: Definition
2(b): Distribution includes distribution by way of samples whether free or otherwise
Hence, option (3) is the correct answer.
48. Which of the following case cannot be tried summarily under the provisions of the Code of Criminal Procedure, 1973?
(1) Offences not punishable with death, imprisonment for life and imprisonment for a term exceeding 02 years.
(2) Offence punishable under Section 454 of the Indian Penal Code.
(3) Offence punishable under Section 414 of the Indian Penal Code, where the value of
property concealed is Rs. 5000/-..
(4) Any offence constituted by an act, in respect of which a complaint may be made under
Ans.(3)
Explanation:
Code of Criminal Procedure (CrPC), 1973:
Section 260. Power to try summarily.
Any Chief Judicial Magistrate, Metropolitan Magistrate, any Magistrate of the first class specially empowered by the High Court may, if he thinks fit, try in a summary way all or any of the following offences:
(i) Offences not punishable with death, imprisonment for life, or imprisonment exceeding two years;
(ii) Theft under sections 379, 380, or 381 of the IPC, where the value of the property does not exceed two thousand rupees;
(iii) Receiving or retaining stolen property under section 411 of the IPC, where the value does not exceed two thousand rupees;
(iv) Assisting in the concealment or disposal of stolen property under section 414 of the IPC, where the value does not exceed two thousand rupees;
(v) Offences under sections 454 and 456 of the IPC;
(vi) Insult with intent to provoke a breach of the peace under section 504, and criminal intimidation punishable with imprisonment up to two years, or fine, or both, under section 506 of the IPC;
(vii) Abetment of any of the aforementioned offences;
(viii) Attempt to commit any of the aforementioned offences, when such attempt is an offence;
(ix) Any offence under section 20 of the Cattle-trespass Act, 1871.
Hence, option (3) is the correct answer.
49. Who among the following is not entitle to get maintenance under Section 125 of the Code of Criminal Procedure, 1973?
(1) Wife who has obtained divorce from her husband and nor remarried
(2) Illegitimate minor child
(3) Mother or Father
(4) Married daughter who has attained majority and by reason of any physical or mental abnormality or injury unable to maintain herself
Ans.(4)
Explanation:
Code of Criminal Procedure (CrPC), 1973:
Order for maintenance of wives, children, and parents.
This Section requires any person with sufficient means to provide maintenance to:
(a) His wife, if she is unable to maintain herself.
(b) His legitimate or illegitimate minor child, whether married or not, if unable to maintain itself.
(c) His legitimate or illegitimate child (excluding married daughters) who has attained majority but is unable to maintain themselves due to physical or mental abnormality.
(d) His father or mother, if unable to maintain themselves.
Hence, option (4) is the correct answer.
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Explanation of Question No. 25 Drishti Judiciary RJS Civil Judge Test Series- 2024 Sectional Test-01 |
50. In order to commit theft, Vinay put his hand in the pocket of Dinesh but came to know that Dinesh's pocket is empty. What offence has Vinay committed?
(1) Due to the missing of the object proposed to be stolen, Vinay has not committed any offence.
(2) Vinay has committed the offence of attempt to theft.
(3) Due to the act of Vinay, people came to know that Dinesh's pocket is empty, Vinay has committed the offence the defamation of Dinesh.
(4) Vinay has committed the offence of attempt to Criminal Misappropriation.
Ans. (2)
Explanation:
Indian Penal Code, 1860
Given Illustration is based on Section 511
Section 511: Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.
Whoever attempts to commit an offence punishable by this Code with [imprisonment for life] or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with ²[imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence], or with such fine as is provided for the offence, or with both.
Hence, option (2) is the correct answer.
51. Which of the following is such an offence, if commission thereof would be the object of the assembly, then, it does not come under the purview of unlawful assembly?
(1) To overview by criminal force any public servant in the exercise of his lawful duties
(2) To resist the execution of any legal process
(3) To commit criminal trespass
(4) To commit cheating
Ans.(4)
Explanation:
Indian Penal Code, 1860
Section 141: Unlawful assembly.
An assembly of five or more persons is designated an "unlawful assembly", if the common object of the persons composing that assembly is-
- First. To overawe by criminal force, or show of criminal force, [the Central or any State Government or Parliament or the Legislature of any State], or any public servant in the exercise of the lawful power of such public servant; or
- Second. To resist the execution of any law, or of any legal process; or
- Third. To commit any mischief or criminal trespass, or other offence; or
- Fourth. By means of criminal force, or show of criminal force, to any person, to take or obtain possession of any property, or to deprive any person of the enjoyment of a right of way, or of the use of water or other incorporeal right of which he is in possession or enjoyment, or to enforce any right or supposed right; or
- Fifth. By means of criminal force, or show of criminal force, to compel any person to do what he is not legally bound to do, or to omit to do what he is legally entitled to do.
Explanation. An assembly which was not unlawful when it assembled, may subsequently become an unlawful assembly.
Hence, option (4) is the correct answer.
52. Chetna and Vijeyta works in similar office. Chetna finds a Government Promissory Note belonging to Vijeyta bearing a blank endorsement. Chetna knowing that the note belongs to Vijeyta, pledges it with a banker as a security for a loan, intending at a future time to restore it to Vijeyta. Which of the following statement is correct?
(1) Chetna has not committed any offence because she intending at a future time to restore it to Vijeyta.
(2) Chetna has committed the offence of Dishonest Misappropriation of Property.
(3) Chetna has committed the offence of Criminal Breach of Trust of Government Promissory Note.
(4) Chetna has committed the offence of Cheating.
Ans.(2)
Explanation:
Indian Penal Code, 1860
Dishonest misappropriation of property
Dishonest Misappropriation of Property, as defined in Section 403 of the Indian Penal Code, occurs when a person dishonestly misappropriates or converts to their own use any movable property. The essence of offence under this section is that some property belonging to another which comes into the possession of the accused innocently, is misappropriated or converted by the accused to his own.
Given illustration is based on the Explanation of Section 403.
Hence, option (2) is the correct answer.
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Explanation of Question No. 64 Drishti Judiciary RJS Civil Judge Test Series-2024 FLT-05 |
53. In which of the following circumstance, a private person can arrest any person?
(1) When such person commits a non-bailable and non-cognizable offence in his presence.
(2) When such person commits a bailable and cognizable offence in his presence.
(3) When such person commits a non-bailable and cognizable offence in his presence.
(4) When such person commits a bailable and non-cognizable offence in his presence.
Ans.(3)
Explanation:
Code of Criminal Procedure (CrPC), 1973:
Section 43: Arrest by private person and procedure for such arrest
A private person can arrest another person without a warrant if the person being arrested:
- Commits a non-bailable and cognizable offense in the private person's presence
- Is a proclaimed offender
- If a private person makes an arrest, they must immediately hand the person over to a police officer or take them to the nearest police station.
Hence, option (3) is the correct answer.
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Explanation of Question No. 32 Drishti Judiciary RJS Civil Judge Test Series- 2024 Sectional Test-01 |
54. In which of the following case, Hon'ble Supreme Court has held that mere death of the deceased being unnatural in the matrimonial home within 7 years of marriage will not be sufficient to convict the accused under Section 304-B and 498-A of Indian Penal Code if the cruelty or harassment has not been proved to be soon before the death?
(1) Phulel Singh Vs. State of Haryana
(2) Manoj Kumar Soni Vs. State of M.P.
(3) Charan Singh Vs. State of Uttarakhand
(4) Poonam Sharma Vs. Union of India
Ans. (3)
Explanation:
In Charan Singh @ Charanjit Singh v. The State Of Uttarakhand, the Hon'ble Supreme Court has held that the mere death of the deceased being unnatural in the matrimonial home within 7 years of marriage will not be sufficient to convict the accused under Section 304-B and 498-A of Indian Penal Code if the cruelty or harassment has not been proved to be soon before the death?
Hence, option (3) is the correct answer.
55. Under the Juvenile Justice (Care and Protection of Children) Act, 2015, "Aftercare" means making provision of support, financial or otherwise, to persons, who have left any institutional care to join the mainstream of the society. and
(1) not completed the age of 18 years
(2) completed the age of 21 years
(3) completed the age of 18 years but have not completed the age of 21 years
(4) completed the age of 15 years but have not completed the age of 18 years
Ans. (3)
Explanation:
Juvenile Justice (Care and Protection of Children) Act, 2015
Definitions.-
(5) "aftercare" means making provision of support, financial or otherwise, to persons, who have completed the age of eighteen years but have not completed the age of twenty-one years, and have left any institutional care to join the mainstream of society.
Hence, option (3) is the correct answer.
56. Which of the following is not an essential ingredient of the offence of Theft?
(1) Dishonest intention
(2) Movable property
(3) Property in possesion of owner
(4) Fear of causing injury
Ans.(4)
Explanation:
Indian Penal Code, 1860:
Section 378-Theft
According to Section 378 of the Indian Penal Code, theft involves the following essentials:
Dishonest Intention: The accused must have the intention to dishonestly take movable property out of the possession of another person without that person's consent.
Movement of Property: The accused must move the property with the intention of taking it dishonestly.
Absence of Consent: The property must be taken without the consent of the person in possession, and this lack of consent may be express or implied.
Hence, option (4) is the correct answer.
57. Hariom is sentenced for an offence of theft for simple imprisonment of two years and a fine of Rs. 500/-, In default of payment of fine, he is ordered to undergo further imprisonment for a period of one month. During imprisonment of two years, Hariom died due to some illness. Hariom is only having a house of his sole ownership. Which of the following statement is correct regarding the recovery of such payment of fine?
(1) Due to the death of Hariom, he is discharged from the liability of fine.
(2) Amount of fine shall be recovered from his house.
(3) It is the matter of the discretion of the Court. Court can discharge from liability or can recover the amount of fine from his house.
(4) Payment of fine cannot be recovered from his house. Although, if court desires, then such fine can be ordered to be recovered from his legal representatives.
Ans. (2)
Explanation:
Indian Penal Code, 1860
Section 70: Fine leviable within six years, or during imprisonment. Death not to discharge property from liability.
- A fine can be collected anytime within six years after the sentence is given.
- If the offender is sentenced to imprisonment for more than six years, the fine can be collected anytime before the end of that imprisonment period.
- If the offender dies, the fine is still owed, and any property that would be legally liable for the offender's debts can be used to pay the fine.
- In simpler terms, the law ensures that fines are collected within a set period, even if the offender is in prison for a long time or dies.
Hence, option (2) is the correct answer.
58. Under the Protection of Children from Sexual Offences Act, 2012, the Special Court, from the taking of congnizance
(1) The evidence of the child shall be recorded within 30 days and trial shall be completed within one year.
(2) The evidence of the child shall be recorded within three months and trial shall be completed within one year.
(3) The evidence of the child shall be recorded within 30 days and trial shall be completed within six months.
(4) The evidence of the child shall be recorded within two months and trial shall be completed within one year.
Ans. (1)
Explanation:
Protection of Children from Sexual Offences Act, 2012
Section: 35: Period for the recording of evidence of child and disposal of the case
(1) The evidence of the child shall be recorded within a period of thirty days of the Special Court taking cognizance of the offence and reasons for delay, if any, shall be recorded by the Special Court.
(2) The Special Court shall complete the trial, as far as possible, within a period of one year from the date of taking cognizance of the offence.
Hence, option (1) is the correct answer.
59. Which option is correct with relation to the proceedings conducted in camera, under the Protection of Women from Domestic Violence Act, 2005?
(1) All the proceedings must be in camera.
(2) This statement is not correct, all the proceedings must be conducted in open court.
(3) This is the question of the discretion of the court. If Magistrate thinks fit that it is
necessary, then proceeding may be conducted in camera.
(4) If both the parties give consent in writing then proceedings can be conducted in open court otherwise it mandatorily be conducted in camera.
Ans.(3)
Explanation:
Protection of Women from Domestic Violence Act, 2005
Section 16: Proceedings to be held in camera.
If the Magistrate considers that the circumstances of the case so warrant, and if either party to the proceedings so desires, he may conduct the proceedings under this Act in camera.
Hence, option (3) is the correct answer.
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Question no. 61 Drishti Judiciary RJS Civil Judge Test Series- 2024 FLT-10 |
60. The Sarpanch of a village Mohan was being tried for Rape with the secretary of village assembly Savita. A question is asked to Savita during cross examination that did she voluntarily have illicit relation with ex-Sarpanch Amit? Such Question is -
(1) permissible
(2) permissible with prior permission of Public Prosecutor
(3) permissible with prior written permission of ex-Sarpanch Amit
(4) not permissible
Ans.(4)
Explanation:
Indian Evidence Act, 1872
Section 146: Questions lawful in cross-examination
The provided illustration is based on Section 146. The proviso of Section 146 stipulates that in a prosecution for an offence under section 376, [section 376A, section 376AB section 376B, section 376C, section 376D, section 376DA, section 376DB] or section 376E of the Indian Penal Code (45 of 1860) or for attempt to commit any such offence, where the question of consent is an issue, it shall not be permissible to adduce evidence or to put questions in the cross-examination of the victim as to the general immoral character, or previous sexual experience, of such victim with any person for proving such consent or the quality of consent.]
Section 53A: Evidence of character or previous sexual experience not relevant in certain cases.
In a prosecution for an offence under Section 354, Section 354A, Section 354B, Section 354C, Section 354D, Section 376, 2 Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA, Section 376DB or Section 376E of the Indian Penal Code (45 of 1860) or for attempt to commit any such offence, where the question of consent is in issue, evidence of the character of the victim or of such person’s previous sexual experience with any person shall not be relevant on the issue of such consent or the quality of consent.
Hence, option (4) is the correct answer.
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Explanation of Question no. 37 Drishti Judiciary RJS Civil Judge Test Series- 2024 Sectional Test-01 |
61. Search warrant under Section 94 of the Code of Criminal Procedure, 1973 is issued by -
(1) District Magistrate or Sessions Judge only
(2) Chief Judicial Magistrate or Sessions Judge only
(3) District Magistrate, Magistrate of first class or Tehsildar only
(4) District Magistrate, Sub-Divisional Magistrate or Magistrate of first class only
Ans. (4)
Explanation:
Code of Criminal Procedure, 1973
Section: 94: Search of place suspected to contain stolen property, forged documents, etc.
District Magistrates, Sub-divisional Magistrates, or Magistrates of the first class, with reasonable belief of a place being used for storing or selling stolen property or objectionable articles, can authorize a police officer above the rank of a constable to:
(a) Enter the place with necessary assistance,
(b) Search it as per the warrant,
(c) Seize any suspected stolen property or objectionable articles,
(d) Bring it before a Magistrate or secure it until further action,
(e) Arrest anyone found involved in the deposit, sale, or production of such items.
Hence, option (4) is the correct answer.
62. Offence of breach of a protection order passed under the Protection of Women from Domestic Violence Act, 2005 is
(1) Non-Cognizable and Bailable.
(2) Non-Cognizable and Non-Bailable.
(3) Cognizable and Non-Bailable.
(4) Cognizable and Bailable.
Ans.(3)
Explanation:
Protection of Women from Domestic Violence Act, 2005
Sections 31 and 32 work together to address breaches of protection orders. Section 31 establishes that breaching a protection order is an offense punishable by imprisonment or fine, and ideally tried by the issuing Magistrate, who may also consider related charges under the IPC or Dowry Prohibition Act. Section 32 reinforces this by making such breaches cognizable and non-bailable, and allows conviction based solely on the aggrieved person's testimony.
Hence, option (3) is the correct answer.
63. Court issues a Non Bailable Warrant under Section 70 of the Code of Criminal Procedure, 1973 in a matter. Such warrant shall remain in force-
(1) Till next date of hearing in the matter
(2) Till it is cancelled by the court which issued it or it is executed
(3) Till final disposal of the matter
(4) Till the officer signed the warrant remain posted in the court
Ans. (2)
Explanation:
Code of Criminal Procedure, 1973:
Section 70: Form of warrant of arrest and duration:
(1) Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court.
(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.
Hence, option (2) is the correct answer.
64. In which of the following matter, Section 306 of the Code of Criminal Procedure, 1973 does not apply to?
(1) Any offence triable exclusively by the Court of Sessions
(2) Offence punishable with imprisonment of three years
(3) Any offence triable exclusively by Court of Special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952)
(4) Any offence punishable with imprisonment which may extend to seven years or with a more severe sentence
Ans.(2)
Explanation:
Code of Criminal Procedure, 1973:
Section 306: Tender of pardon to accomplice.
306(2)(a) : Any offence triable exclusively by the Court of Sessions
306(5)(a)(ii): Any offence triable exclusively by Court of Special Judge appointed under the Criminal Law Amendment Act, 1952 (46 of 1952)
306(2)(b): Any offence punishable with imprisonment which may extend to seven years or with a more severe sentence
"Offence punishable with imprisonment for three years" - This provision is not mentioned under section 306.
Hence, option (2) is the correct answer.
65. Suresh, Ramesh and Jagdish are kept in judicial custody in a house, declared as Jail under special circumstances. There are stern guard of armed forces around the house. Jagdish is murderd, for which Suresh and Ramesh are prosecuted. Direct evidence of murder is not found. Prosecution wants to prove that entry of anybody was not possible due the guard of armed forces and commission of murder of Jagdish was not possible by anybody else, then Suresh and Ramesh. This fact is -
(1) relevant
(2) irrelevant
(3) neither relevant nor irrelevant
(4) a conclusive proof
Ans.(1)
Explanation:
Indian Evidence Act, 1872
Section 9: Facts necessary to explain or introduce relevant facts.
The provided illustration is based on Section 9 of the Indian Evidence Act. In this, the facts about the armed forces guarding the house, the impossibility of external entry, and the confinement of Suresh, Ramesh, and Jagdish are all necessary to explain the relevant circumstances of the murder. These facts support the inference that the murder was committed by someone within the house, thereby making Suresh and Ramesh the prime suspects. Therefore, these facts are relevant and admissible under Section 9, as they are necessary to support the prosecution's case and establish the context in which the crime occurred.
Hence, option (1) is the correct answer.
66. There is an old rivalry between Rachit and Vikas. Vikas goes to Rachit's house with an automatic Pistol to kill him. On reaching there, he puts the Pistol on his head and says you have troubled me a lot, today your life will end. Rachit suddenly snatcheds the Pistol from Vikas's hand. Upon which Vikas immediately starts running away from there. While running, Rachit fires several rounds of Pistol at Vikas, due to which he dies on the spot. What offence has Rachit committed?
(1) Rachit has self defend him therefore has not committed any offence.
(2) Rachit has committed the offence of culpable homicide amounting to muder.
(3) Rachit has committed the offence of culpable homicide not amounting to muder.
(4) Rachit has committed offence of causing death by negligence.
Ans. (2)
Explanation:
Rachit has committed the offence of culpable homicide amounting to murder. Section 102 says that the right of private defence of the body begins when there is a reasonable apprehension of danger from an attempt or threat to commit an offence, even if the offence has not yet been committed, and it continues as long as the apprehension of danger persists.
Exceeding the right of private defence:
While Rachit initially acted in self-defense by snatching the pistol, his subsequent actions exceeded the bounds of private defense. Once Vikas started running away, the imminent threat to Rachit's life had ceased. At this point, Rachit no longer had the right to use lethal force.
Culpable homicide amounting to murder (Section 300 of IPC):
Rachit's act falls under Section 300 of the IPC, which defines murder. Specifically, it aligns with the first clause of Section 300.
Hence, option (2) is the correct answer.
67. Under the Negotiable Instruments Act, 1881, "Director" in relation to a firm means -
(1) A partner in the firm
(2) Any employee of the firm who is involved in the activities of the firm
(3) Manager of the firm
(4) All of the above
Ans. (1)
Explanation:
Negotiable Instruments Act, 1881
If an offence under Section 138 of the NI Act is committed by a company, both the company and everyone in charge of and responsible for the company's business at the time of the offence shall be deemed guilty.
Section 141: Offences by companies-
Explanation- For the purposes of this section, --
(a) "Company" means any body corporate and includes a firm or other association of individuals; and
(b) "director", in relation to a firm, means a partner in the firm.
Hence, option (1) is the correct answer.
68. Under the Protection of Children from Sexual Offences Act, 2012, the Magistrate or the police officer, as the case may be shall record the statement as spoken by the child in the presence of
(1) Special Public Prosecutor
(2) Reader of the Court
(3) Member of Child Welfare Committee
(4) Parents of the child or any other person in whom the child has trust or confidence
Ans.(4)
Explanation:
Protection of Children from Sexual Offences Act, 2012
Section 26: Additional provisions regarding statement to be recorded.
(1) The Magistrate or the police officer, as the case may be, shall record the statement as spoken by the child in the presence of the parents of the child or any other person in whom the child has trust or confidence.
Hence, option (4) is the correct answer.
69. Trial of a murder committed in Jaipur, is inadvertently conducted by District and Sessions Judge, Dausa and the accused has been convicted. Which of the following statement is correct?
(1) Such trial and conviction is void ab initio, due to the reason, it took place in wrong Sessions Division.
(2) Such trial and conviction is liable to be quashed due to the reason, it took place in wrong Sessions Division.
(3) Such trial and conviction can be quashed only in the condition when appears that such error has in fact occasioned a failure of justice.
(4) None of the above statement is correct.
Ans.(3)
Explanation:
Section 462 of the Code of Criminal Procedure (CrPC)-Proceedings in Wrong Place:
No finding, sentence, or order of any Criminal Court shall be set aside merely on the ground that the inquiry, trial, or other proceedings in the course of which it was arrived at or passed, took place in a wrong sessions division, district, sub-division or other local area, unless it appears that such error has in fact occasioned a failure of justice.
Hence, option (3) is the correct answer.
70. For the purposes of making an inquiry under Sub Section (1) of Section 11 of the Sexual Harrasment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, the internal committee shall have the same powers for summoning of any person and examining him on oath, as
(1) vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit.
(2) vested in a civil court under the Indian Evidence Act, 1872 when trying a suit.
(3) vested in a criminal court under the Code of Criminal Procedure, 1973 when trying a
complaint. (4) vested in a criminal court under the Indian Evidence Act, 1872 when trying a complaint.
Ans. (1)
Explanation:
Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
Section 11 of said act covers how the Internal Committee (IC) or Local Committee (LC) investigates complaints of sexual harassment.
Section 11(3)- For the purpose of making an inquiry under sub-section (7), the Internal Committee or the Local Committee, as the case may be, shall have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 when trying a suit in respect of the following matters, namely:---
(a) summoning and enforcing the attendance of any person and examining him
on oath;
(b) requiring the discovery and production of documents; and
(c) any other matter which may be prescribed.
(4) The inquiry under sub-section (1) shall be completed within a period of ninety days.
Hence, option (1) is the correct answer.