Below are the questions asked in JCJ 2012 Screening Exam held on 29 April 2012.
The answers given are suggestive, if anyone could find more appropriate answer, please comment on it.
JCJ 2012 SCREENING
QUESTIONS
Lease Act – 3
1.
Building
includes --- any house or hut … and also
includes gardens and garage
2.
Controller
means --- not below rank of Tahsildar
3.
Conversion
of residential into non-residential ---
with writing permission of controller
Domestic Violence - 2
4.
Domestic
relationship means --- joint family, nucleus family, residing
with abuser [All of the above]
5.
Power
of Magistrate in Domestic Violence --- to give protection order
Registration Act - 2
6.
Registered
document prevails over unregistered document --- S. 50
7.
Destruction
of unclaimed documents except Will --- 2
years
Limitation Act – 5
8.
Enforcement
of mandatory injunction --- 3 years
9.
Acknowledgement
of liability after limitation period ---
Is of no effect
10. Limitation period for obstruction
to easement acquired u/s 25 LA --- 2
years
11. S. 18(2) LA, Oral evidence can be
given when acknowledgement is ---
Undated
12. Section 4 of Limitation Act
applies --- only if on the opening day the plaint is presented before the
proper court.
Specific
Relief Act - 5
13. Mandatory Injunction --- S. 39 SRA
14. Temporary Injunction, which among
following is not correct --- granted
permanently [Option ‘a’]
15. S.26 SRA Rectification of
instrument, Mistake --- Mistake in
framing instrument, Mutual, Bilateral [All the above]
16. Perpetual Injunction is --- Judicial Process, Preventive, [All the
above]
17. Declaratory Decree --- can be declined
Easement
- 3
18. Dominant Heritage --- land for beneficial enjoyment of which
right exist
19. Easement can be extinguished --- when dominant owner releases it expressly
or impliedly
20. Easement is --- right in rem
Transfer
of Property - 5
21. Gift to many of whom one does not
accept --- void as to interest which
would have taken had he accepted [Option ‘c’]
22. Notice u/s 111 TPA can be waived --- with express or implied consent of the
person to whom notice is given
23. Lis Pendens --- Public policy
24. Unborn person acquires vested in
property --- when he is born [Option ‘d’
– None of the above]
25. Suit debarring mortgagor from
redemption --- Suit for foreclosure
Hindu
Marriage Act - 3
26. Section 5(i) of Hindu Marriage
Act introduces ---Monogamy
27. With decree of dissolution of
marriage court may grant ---Permanent
alimony and maintenance (S. 25)
28. In absence of any proceeding under
Hindu Marriage Act, the order of custody, maintenance and education of minor
children can be decided by --- Guardianship
Court
Hindu
Succession Act - 6
29. One person is said to be an ____
of another if the two are related by blood or adopted wholly through males ---
Agnate
30. when they are descended from a
common ancestor but by different wives – Half blood
31. Family arrangement --- binds all members including minors and
children in womb
32. Suit for partition is filed --- No effect in share by subsequent births
and deaths in family
33. Mode of succession --- Per capita and not per stripes; and as
tenants in common, not as joint tenants
34. In suit if one branch of family
does not object then --- it does not operate
as resjudicata to the other branch.
Indian
Evidence Act - 9
35. Admission --- is admissible when made by agent
authorized in Civil proceeding; and not admissible if made by agent in Criminal
proceeding
36. Civil – Preponderance of
possibilities; Criminal – beyond reasonable doubt
37. Where there can be no estoppel --- Attestation of Deed
38. Section 124 IEA – Communication
to be made in Official confidence
39. Expert Evidence can be given on --- Both Handwriting and Finger impressions
40. Evidence includes – both
Documentary and Ocular evidence
41. All other documents not included
under S. 74 IEA are --- Private
Documents (S. 75)
42. Privilege under S. 121 IEA extends
to --- Arbitrator also
43. Due execution and authenticatiob
of a power of attorney shall be presumed under section 85 IEA when executed
before & authenticated by --- Judge, Notary, Magistrate [All the above]
Negotiable
Instrument Act – 1
44. S. 118 NI Act, Presumption that
instrument was made --- on that date of
instrument
Indian
Penal Code - 14
45. Right of Private Defence --- S. 96 IPC
46. Wrongful confinement --- S. 340 IPC
47. Swimmer not saving a person from
drowning --- No offence
48. 5 persons went to beat ‘A’ but
one among them killed him with gun hiding in his clothes --- All are liable for murder of ‘A’
49. X instigates A a six year old boy
to murder Y --- X is guilty of offence
of murder
50. Extension of code to
extra-territorial offences --- S. 4 IPC
51. U/s 73 IPC limit of solitary
confinement --- 3 months
52. Doctor treating a child without
consent in good faith --- Not liable
53. Criminal Conspiracy --- 2 or more persons
54. U/s 159 IPC – Both persons should
actively participate in fighting [Option: None of the above]
55. Promoting enmity between
different groups on ground of religion, race, etc --- S. 153A IPC
56. Dishonest intention preceded in --- Theft
57. Grave and Sudden Provocation --- Question of fact
58. Abetment of an offence --- always an offence
Criminal
Procedure Code – 16
59. Under Section 468 CrPC,
limitation period for offence attracting fine only --- 6 months
60. U/s 164 CrPC, Confession recorded
by Metropolitan or Judicial Magistrate is admissible even if they are not
competent to try the case.
61. Trial, Inquiry, etc done without
following procedure --- not void unless
injustice is caused (S. 462 CRPC)
62. When a case is found to be
exclusively triable by Court of Sessions u/s 209, Magistrate u/s 202 delaying
the process has to --- examine the
complainant and all witnesses.
63. Magistrate of First Class can
inflict imprisonment up to 3 years and fine up to --- 10,000
64. Perishable goods can be sold, if
no claimant appears within --- 6 months (S. 459 R/W 458)
65. Offences other than mentioned U/S
320 CrPC --- Non compoundable
66. When person competent to compound
an offence is dead --- the legal
representative can compound it with the permission of the court
67. Application for Plea Bargaining
can be made --- in the court where is
case is pending for trial
68. U/s 174(1), the police officer
has to give information regarding suspicious deaths to --- Executive Magistrate
69. Magistrate may dispense with
personal attendance of accused --- S.
205 CRPC
70. S. 311 CRPC, Recalling of
witnesses by court --- even when
evidence on both sides is closed
71. S.311A CRPC, Magistrate may
direct any person to --- give specimen
signature or handwriting
72. Confession can be recorded --- at any time during investigation but
before commencement of inquiry or trial.
73. If investigation is not completed
in 90 days or 60 days --- accused is
entitled to be release on bail on making an application.
74. While passing an order for
disposal of property --- the Magistrate
has to decide the question of entitlement of possession without deciding the
title.
Indian
Contract Act - 12
75. Bank Guarantee is a contract
between --- Bank and Beneficiary
76. U/s 57 ICA, Reciprocal promise to
do things legal and also other things illegal --- first set of promise is contract, but
second set is a void agreement.
77. A contract is discharged by --- both frustration and performance of
contract
78. Agreement in restraint of
marriage --- Void
79. A contract of insurance is --- Indemnity contract
80. Finder of goods --- bailee
81. Agent does not have --- right to sell
82. Novation --- Substitution of new contract
83. Restitution stops when Repayment
begins --- minors only
84. Termination of Agency --- by death or insolvency of any of agent or
principal
85. Who is not an Agent --- Independent buyer
86. Ratification of an act can be
made --- expressed or implied
Civil
Procedure Code - 14
87. O.XVI R.17 --- inspite of due diligence party could not
have raised the matter before the commencement or trial.
88. A decree can be executed by --- court passing the decree or court where it
is transferred for execution
89. Decree by Reciprocal territory,
on presentation of certified copy, can be executed by District court as if it
has been passed by it --- True.
90. Legal Representatives of the
deceased can come onto file --- within
90 days from death of deceased
91. O.XVIII, Commissioner cannot be
appointed for --- deciding any
objections raised
92. S.152 , Amendment of judgment,
decree or orders can be made --- by
court on its own motion (or) on application of any of the parties.
93. A sues B for 1000. B shows that he has claim against A for 2000.
In such a case --- the two claims being
both definite, pecuniary demands may be set-off.
94. In urgent cases, a suit against
government can be filed --- without serving
notice with the leave of the court.
95. A: Women who according to customs
ought not to be compelled to appear in public shall be exempt from personal
appearance in Court; B: Nothing herein contained shall be deemed to exempt such
women from arrest in execution of civil process in any case in which the arrest
of women is not prohibited by this code --- Both A and B are correct.
96. In ex parte decree, the defendant
can opt for --- appeal u/s 96(2) or set
aside under O.IX R.13
97. Under O.XXIII R.3, Order must be
in writing and signed by both parties.
98. Constitutional validity of 1999
and 2002 Amendments --- Salem Advocates
Bar Association Case
99. Abatement is --- no offence
100.
After
arrest, the Judgment debtor can be released --- by State Government on the
ground of contagious diseases; by State Government on the ground of infectious
diseases; by executing court on the ground of illness [All the above]
