Exam Details

Subject
Paper
Exam / Course preliminary
Department
Organization maharashtra public service commission
Position civil judge and judicial magistrate
Exam Date 2012
City, State maharashtra,


Question Paper

100

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1. Summons of Court can be served by Only a police officer Public servant An officer of the Court Any of them

2. Under code of criminal procedure substituted service of summons can be made

By a Registered Post By Courier


By affixing summons on the house None of it


3. Under S. 97 of the code of criminal procedure search warrant to find out a person can be issued if

The person is absconding The person is unlawfully confined


The person is missing Where-abouts of such a person are not known


4. U/S 107 of the code of criminal procedure, Executive Magistrate can obtain bond from a person if

The person is habitual offender


The person is likely to abscond


The person is likely to commit a breach of peace


The person frequently quarrels with his neighbourer


5. A divorced wife is entitled to maintenance from her husband

Till she re-marries Till her son becomes major


Till she is employed Till her death


6. Executive Magistrate can put a party in possession of immovable property

Upon the police report that a dispute in respect of such property is likely to disturb public peace


If that party is dispossessed unlawfully


If the rival party denies to deliver possession of a property though such party is owner of it


None of the above


7. In a Private Complaint case process can be issued against an accused after

Complaint in writing is presented to the Court


Complainant's statement on oath is recorded


The Magistrate is of the opinion that there is sufficient ground to proceed with the case


Police upon investigation submit a report that there is sufficient ground to proceed with the case


8. Any defect in charge

Can be cured by amending it in any case


Cannot be cured if such amendment is likely to cause serious prejudice to the accused


Can be cured by amending it though it causes prejudice to the accused


Can be cured by amending it with a direction to retrial if such amendment is causing prejudice to the accused


A p.T.a.
9. Statement of an accused is recorded

To give him opportunity to state his defence


To enable him to explain circumstances appearing in the evidence against him


To extract the truth from his mouth


To verify whether he can be released on probation


10. The Court on application for plea bargaining by the accused, to satisfy itself that it is made
voluntarily
Examines him in open Court Examines him in Camera

Records his evidence on Oath Seeks his affidavit
11. "Decree" means

Extract of the judgment


Bill of costs


Reasons for which the suit is decreed or dismissed


Formal expression of the Court of an adjudication determining the rights of parties


12. "judgement" means

Part of the decree


Statement of the Judges on the grounds of decree or order


Adjudication of right


None of the above


13. If objection to the jurisdiction of the Court is taken at the hearing of any application for interim relief-the Court shall proceed to

The trial of the suit immediately


Frame the issues


Decide interim application before framing preliminary issue of jurisdiction


To determine issue as to the jurisdiction


14. Res-judicata means

Staying the suit during pendency of the previous suit between the same parties involving similar issues


Not trying the suit if suit involving similar issues between similar parties is decided


Bar to further suit


Expediting trial of the suit


15. Objection to the territorial jurisdiction of a Court can be allowed if it is raised

At any stage of the trial


At anytime before the plaintiff leads his evidence


At the earliest possible opportunity and before issues are settled


Even at the stage of appeal


A

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16. In case of a decree for the payment of money, the Court can order interest at the rate of
per annum 12% per annum per annum 15% per annum
17. Under the inherent powers of the Civil Court, it can pass orders

To refer the matter to Mediator


Necessary for the ends of justice or to prevent abuse of the process of the Court


For compelling the parties to settle their case


For compelling a plaintiff to withdraw his suit


18. Defendant can claim temporary injunction in a suit filed by the plaintiff

To prevent the suit property being alienated or damaged


To prevent the plaintiff from dispossessing defendant from the suit property


To prevent the plaintiff from causing any legal injury to the plaintiff


All of the above


19. The defendant shall present his written statement within days from the service of
summons upon him.
90 120 30 60

20. Where any period is fixed or granted by the Court for doing an act prescribed by the Code of Civil Procedure, the Court may enlarge such period

Not exceeding 90 days in total Not exceeding 30 days in total


Not exceeding 60 days in total Not exceeding 120 days in total


21. Where a thirty years old document is produced before the Court, it may presume

That the facts stated in the document are proved


That the document is duly executed


That the content of it are proved


All the above


22. A document can be proved

By producing it before the Court


By examining the party who has produced it


By examining the person in whose hand writing the document is written or signed


By examining the person in whose favour the document is executed


23. A confessional statement made before police

is admissible


is not admissible


is admissible only if it relates to a fact discovered in consequence of it


is admissible if it is made on oath in writing


A PoToO.

F01 6 1111111111111111111111111
24. Admission is
a conclusive proof of the fact stated therein not a conclusive proof but operates only as estoppel a weak piece of evidence an evidence on which the Court can act

25. Admission means

statement made before Court


statement made in a document


statement swggesting inference as to any fact in issue


none of the above


26. A fact is relevant

if it is mentioned in the pleadings


if it is mentioned in the document relied by any of the parties


if it is connected with a fact in issue so as to form part of the same transaction


all the above


27. A fact is said to be proved

if it is admitted


if it is incorporated in a document


if it is not denied


if its existence is so probable that a prudent man would accept it as existing


28. Evidence means and includes

statements before police


statements in pleadings


statements of witnesses required to be made before the Court


all of the above


29. Primary evidence of a document means
It's certified copy It's xerox copy
Document itself Authenticated copy

30. A child born out of valid marriage can be proved to be legitimate child of the husband if it is born within of its dissolution.
280 days One year Nine months None of the above
31. Which of these cannot be lawfully transferred as per Transfer of Property Act, 1882

Salary of public officer Machinery attached to land


Property yielding income Paddy field


A



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32. As per Sec. 6 of Transfer of Property Act, 1882, an easement apart from the dominant heritage. Can Cannot May Must be transferred

33. Which of these is immovable property as per the provisions of Transfer of Property Act, 1882
Standing timber Grass Fruit trees Growing crops
34. The term "transfer" under the Transfer of Property Act, 1882, refers to

Partly or whole transfer Absolute or conditional transfer


Contingent transfer Both and are correct


35. As per Sec. 9 of Transfer of Property Act, 1882, oral transfers are

Valid Voidable


Conditionally valid Illegal


36. Under the provision of Transfer of Property Act, the unborn child acquires vested interest Upon his birth 7 days after his birth
18 years after his birth No acquisition of vested interest
37. The Mortgage, in which without delivering possession of mortgaged property, the mortgagor binds himself personally to pay the mortgage money is known as

English mortgage


Mortgage by deposit of title deeds


Simple mortgage


Anomalous mortgage


38. The gift of future property is
void voidable valid void ab initio
39. The rule of lis Pendens applies when the suit in which right to immovable property

Is fraudulent


In-directly in question


Is pending between two persons and one of them sells property


Is pending in a Court which does not have jurisdiction


40. Rule against perpetuity prescribes that

Every transfer of immovable property must be by registered document


Every transfer of immovable property must be in writing


No transfer of property can operate to create an interest which is to take effect after the lifetime of one or more persons living on the date of such transfer


None of the above


A p.T.a.
41. If a contract comprises an agreement to do an act and also not to do certain acts

No injunction can be granted to prevent performance of the negative agreement


Injunction can be granted to prevent performance of negative agreement only if affirmative agreement is enforceable


Injunction can be granted to compel performance of both or any of them


Injunction can be granted to compel performance of either of them only


42. A suit for recovery of possession based on the previous possession of a person can be Iiled by such a person even against real owner of that property who has dispossessed him

within one year of his dispossession within three years of his dispossession


within six months of his dispossession is not maintainable


43. A suit for specific performance of contract for its enforcement can be decreed when

there exists no standard for ascertaining the actual damage caused by the non-performance of it


the compensation in money would afford adequate relief


a contract which is in its nature determinable


performance of it required a Court to continuously supervise it


44. A Court may not exercise its discretion to decree specific performance of a contract when

the contract gives the plaintiff an unfair advantage over the defendant


when there exists no measure for ascertaining actual damage from breach of such contract


the contract is voidable at the option of plaintiff


it involves some hardship to the defendant which he could foresee


45. A suit for rescission of contract by any person having interest in it, can be decreed in his favour

Where the contract is terminable by defendant


Where the contract is voidable at the option of plaintiff


Where the contract is contingent


None of the above


46. No Court shall declare that the plaintiff is entitled to a right

If he is minor


If he is able to seek further relief than mere declaration but omits to do so


If he is insane


If his right is based on a contingent contract


47. A perpetual injunction is granted to the plaintiff

to restore possession of his property to him


to protect him physically


to prevent the breach of an obligation existing in his favour


none of the above


A

J

48. In a suit for perpetual or mandatory injunction

Plaintiff can not be granted damages


Plaintiff can be granted damages if claimed specifically by him


Plaintiff can be granted damages even if not specifically claimed by him


None of the above


49. In a suit for specific performance of a contract where earnest money is paid by the plaintiff

It can not be refunded if the specific performance is refused


It can be refunded even if it is not specifically prayed


It can be refunded only if it is specifically claimed


It is to be forfeited


50. To claim specific performance of a contract, it is

necessary to plead and prove that the plaintiff is ready and willing to perform his part of contract


necessary to plead and prove that the plaintiff has always been ready and willing to perform his part of contract


necessary to prove that the plaintiff was ready and willing to perform his part of contract


even if not pleaded and proved accordingly the Court can draw such inference from the circumstances


51. Person in occupation of premises is tenant if

he is only permitted to use that property


he is put in exclusive possession of it and pays rent


such person had lived for few days with the deceased original tenant as his friend


all of the above


52. A landlord shall not be entitled to recovery of possession so long as the tenant

does not get other premises


keeps the premises good


is ready and willing to pay rent


pays rent and permits increases and observes the terms and conditions of tenancy


53. A tenant can not be evicted even if he erects a permanent structure

If landlord does not raise any objection


If tenant obtains permission of Corporation


If such construction was necessary for safety of the building


If landlord consents to it in writing


54. Premises let to banks or public sector undertakings having paid up share capital of Rs. are exempted from protection of Maharastra Rent Control Act, 1999.
2 crores 1 crore 3 crores 5 crores
A p.T.a.


55. No decree can be passed against a tenant for the requirement of premises for landlord unless

the tenant has acquired possession of other premises


the tenant has capacity to purchase other premises


the tenant admits the plaintiff's claim in the suit


landlord bonafide claims it and is likely to suffer greater hardship


56. A landlord can get possession of premises for its demolition and construction of new building only if

landlord has sufficient funds with him for it


he has approved plan and estimates


landlord undertakes to provide new premises equal in carpet area of the existing one


all the above


57. A proceeding to recover possession of premises from a licensee is to be filed in

Court of small causes in Brihan Mumbai and elsewhere the Civil Court (J.D.)


City Civil Court or elsewhere the Civil Court (S.D.)


The Court of competent authority appointed by the State Govt. under the MRC Act


None of the above


58. If a landlord withholds any essential supply or service to the tenanted premises the tenant can seek remedy by way of

Suit in Small Causes/Civil Court


Application to the Competent Authority appointed by the Govt.


Application for restoration in the Small Cause/Civil Court


Writ petition in the Hon. High Court


59. Whether appeal against the decision in appeal of appellate bench of Small Causes Court/ District Court would lie before

Hon'ble High Court


Competent Authority appointed by the State?


No appeal lies


Supreme Court


60. If the landlord fails to keep the premises in good and tenantable repairs the proper remedy for tenant is

to file a suit


to make an application to the Court


to make such repairs himself after 15 days notice to the landlord


to file a writ petition


A

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61.
If sufficient cause is made out the time for filing proceedings in the Court can be extended if

62.
If a cause of action for the suit arises when the plaintiff is minor he may institute the suit


within the period prescribed by limitation for such suit after he attains majority


within one year of his attaining majority


within the time prescribed by limitation from the date of cause of action


none of the above



63.
In computing the period of limitation for any suit, appeal or application the day from which such period is to be reckoned


shall be excluded


shall be included


may be excluded by the Court in an appropriate case


none of the above



64.
While computing period limitation of a suit time spent in another similar proceeding in the Court having no jurisdiction can be excluded if


the plaintiff had acted in good faith with due diligence


the plaintiff was misled by a wrong advice


the plaintiff bonafide found the place where he filed such proceeding more suitable to him


none of the above



65.
A suit can be said to be in limitation even after period prescribed


If the parties to the suit by agreement had agreed to waive it


If the defendant admits the whole claim of the plaintiff in notice reply


If the defendant acknowledges liability of the plaintiff's right before expiration of the period of limitation


If the defendant does hot raise any objection to the plaintiff's claim on the ground of limitation



66.
When a new defendant is added in the suit, the suit shall be deemed to have been instituted against him from


the date of his addition the date of institution of the suit


the date on which issues are framed the date on which summons is served on him



67.
In case of an easement by prescription the period of twenty years must be ending within the date of institution of the suit.


the delay is for presenting the appeal or application under C.P.C.
the delay is for filing suit
the delay is for filing any original proceeding
all of the above

three years two years twelve years one year
A P.T.O.

68. Suit on a bill of exchange or promissory note payable at a fixed time should be filed within
three years from


the date of execution the date on which time expires


the date of demand the date of denial to pay


69. A suit for possession of immovable property based on title can be brought within 12 years from

the date of dispossession


the date of demand of possession


the date on which the defendant refuses to deliver possession


the date on which possession of defendant becomes adverse


70. Where no period of limitation is prescribed for an application it can be filed within
one year two years three years twelve years
71. An ordinance can be issued by the President at any time when

The Parliament is in session


Lok Sabha is not in session


Rajya Sabha is not in session


Both the houses of Parliament are not in session


72. The proposal to prefer charge against the President of India should be moved by at least
the total number of members of the house.
1 th 1th 2rd 1th

(1) 10
73. Article 14 of Indian Constitution does not prohibit
class legislation special treatment to an individual
treating unequal at an equal footing reasonable classification

74. Under Art. 356 a proclamation to remain operative must be approved within 2 months by

Lok Sabha only Rajya Sabha only


Both the houses of Parliament Either or


75. Who presides over the meetings of Lok Sabha in the absence of the Speaker?

The President The Vice-President


Deputy Speaker Prime Minister


76. Which of the following fundamental rights is available to both the citizens and non-citizens?

The right to six freedoms


The right to equality before law


Cultural and educational rights


The right to equality of opportunity in public employment


A



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77. Who appoints Attorney General of India? Parliament Prime-Minister Chief Justice of India President

78. Who can issue a writ for the enforcement of legal right?

High Court Supreme Court


Both and No writ is there for legal right


79. Judges of the Supreme Court, other than the Chi 7f Justice of Supreme Court, are appointed by

The Prime Minister in consultation with the cabinet


The President in consultation with the Chief Justice of India


Union Service Public Commission


Attorney General of India


80. In case there is a conflict between the Preamble and other provisions of the Constitution, which will prevail over the other

Preamble will prevail


Other provision will prevail


Both will go side by side


Interpretation of the Supreme Court will prevail


81. Essential ingredients of the offence of mischief is

Intention to cause destruction of a property


Intention to change nature of a property


Intentionally causing wrongful loss or damage to the property of another by destroying or diminishing its value


None of the above


82. If a person entrusted with a property dishonestly converts it to his own use, he commits

Fraud Cheating


Criminal misappropriation Criminal breach of trust


83. When by putting any person in fear of injury he is dishonestly induced by another to deliver property it is
Theft Decoity Robbery Extortion
84. Theft is committed when

a movable property is taken away secretly without consent of its owner


a movable property is removed from the custody of its owner


a movable property is snatched from the hands of its owner


none of the above


A P.T.O.

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85. Grievous hurt means
Hurt caused by deadly weapon Hurt caused with the intention of committing murder Any hurt which endangers life Bruises and lacerated wounds

86. Unlawful assembly means

An assembly of five or more persons having designed a common object


An assembly of five or more persons having common object to commit offence


An assembly of three or more persons having common object to commit mischief


None of the above


87. Criminal conspiracy means

Agreement between two persons for doing an illegal act


Plan or design of committing acts to oppose wrong traditions in the society


Plan or design of forming association to compel Govt. to do an act


Agreement between two persons for doing an immoral act


88. If a person instigates, intentionally aids or engages another person to do a thing he is said to have

Abeted such another person


Conspired with that person


Becomes member of unlawful assembly


Designed commission of offence


89. When a person gains something by unlawful means to which he is not legally entitled it is
Cheating Wrongful gain Fraud Mischief
90. CUlpable homicide means
Attempt to cause death Causing death intentionally
Causing grievous injury Causing injury which is likely to cause death

91. A suit involving unregistered partnership arising from a right from a contract of such partnership is maintainable

If it is filed by such firm against a third party


If it is between the partners


If it is filed against the firm by third party claiming to be a partner


If it is filed by the legal heirs of deceased partner for accounts of such firm


92. Partnership firm
is a legal entity is not a legal entity
is a company is a corporate body

A

93. "Partnership" means

Joint venture


Agreement between the persons to share the profit of a business carried on between them


Agreement between the persons to do some work


None of the above


94. An agreement is void if

One of the party to it is minor


If consent of one of the party is obtained by misrepresenting it


If it's object is unlawful


None of the above


95. Agreement to do impossible act is
Voidable Void Unlawful Fraud
96. Communication of a proposal is complete as against the proposer when

he decides to propose


when he starts the process of communicating the proposal


when the proposal reaches the acceptor


when it is put in a course of transmission to him so as to be out of the power of acceptor


97. A contract between an insurance company and vehicle owner to save the later from consequences of a vehicular accident is a contract of
Guarantee Surety Bailment Indemnity
98. Delivery of goods is deemed to have been accepted by the buyer when

Price of the goods is paid The goods are in transit


The goods are tendered to him Intimation of their acceptance is sent by him


99. A contract of sale of goods is a contract whereby

The price of tile goods is stipulated


Seller delivers the goods to the buyer


Seller transfers or agrees to transfer the property in goods to the buyer for a price


None of the above


100. Unpaid seller means

A seller who has not agreed to deliver a specific property


A seller who has not delivered property sold


A seller who is ready to receive a part of agreed price


A seller who is not paid or tendered whole of the price agreed


A P.T.O.


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