JCJ 2012 - MODEL EXAM

JCJ 2012 – MODEL EXAM

1.      If there is ‘error in causa’, the contract is

(a) Valid
(b) Illegal
(c) Voidable
(d) Void

2.      A Christian priest after perpetual vow has taken, entered into an agreement to purchase some property for himself. He paid the advance and made an agreement in writing. This is
(a) Valid contract
(b) Void contract
(c) Voidable contract
(d) Unlawful contract

3.      The modes of communications were recognized in section
(a) 3
(b) 4
(c) 7
(d) 8

4.      The circumstance when an offer lapses were mentioned in section
(a) 5
(b) 6
(c) 7
(d) 8

5.      A guarantees to B, to the extent of Rs.10,000/- that C shall pay all the bills that B shall draw upon him. B draws upon C. C accepts the bill. A gives notice of revocation. C dishonours the bill at maturity, then
(a) A is not liable upon his guarantee as he has given notice of revocation
(b) A is liable to B upon his guarantee
(c) The contract is voidable at the option of A.
(d) None of the above

6.      A and B go into the shop. B says to the shopkeeper ‘let him have the goods, I will see you paid’ this is a contract of
(a) guarantee
(b) bailment
(c) indemnity
(d) pledge

7.      A, B, and C as sureties for D enter into three bonds, each in different penalty. A for Rs.10000/- B for Rs.20000/- C for Rs.30000/- D makes default of Rs.40000/-
(a) A is liable for Rs.10000/- B for Rs.10000/- C for Rs.20000/-
(b) A is liable for Rs.5000/- B for Rs.10000/- and C for Rs.15000/-
(c) A is liable for Rs.10000/- B for Rs.15000/- and C for Rs.15000/-
(d) A is liable for Rs.10000/- B for Rs.20000/- and C for Rs.10000/-

8.      The famous case Nordenfelt Vs. Maxim Nordenfelt is related to
(a) Undue influence
(b) Fraud
(c) Misrepresentation
(d) Voidable agreement

9.      A unilateral contract in which only one party is bound, is also known as a
(a) tacit contract.
(b) implied contract.
(c) executed contract.
(d) executory contract.

10.  Consideration can be explained as
(a) some benefit or profit to one person.
(b) some loss or detriment to the promisee suffered in return for the promise.
(c) fulfilment or performance of some condition by the promisee.
(d) an inducement for the performance of an agreement.

11.  Under section 41 of the Contract Act when a promisee accepts performance of the promise from a third person,
(a) He can afterwards enforce it against the promisor
(b) He cannot afterwards enforce it against the promisor
(c) He can do according to his discretion
(d) None of these

12.  Which one of the following is the correct statement?
(a) Stranger to consideration can enforce a promise
(b) Stranger to contract can enforce a promise
(c) stranger to consideration has no right
(d) Stranger to consideration will be a stranger to contract.

13.  A Hindu wife, for taking away her stridhana out of the custody of her husband
(a) Can be convicted of theft
(b) Cannot be convicted of theft
(c) Can be convicted of robbery
(d) None of these.

14.  A picks Z’s pocket, having posted several of his companions near him, in order that they may restrain Z, if Z should perceive what is passing and should resist or should attempt to apprehend
(a) A has committed the offence a. u/s379 of IPC
(b) u/s382ofIPC
(c) u/s380ofIPC
(d) u/s383ofIPC

15.  Which of the following is necessary for the commission of a crime?
(a) Intention
(b) Preparation
(c) Attempt
(d) All of the above

16.  In which of the following cases the Constitution Bench held that ‘a company or a corporation, being a juristic person could be prosecuted for an offence for which mandatory sentence of imprisonment and fine is provided?
(a) Anil Hada Vs Indian Acrylic Ltd
(b) Aneeta Hada Vs Godfather Tours and Travels
(c) Standard Chartered Bank and others Vs Directorate of Enforcement
(d) S.M.S Pharmaceuticals Vs Neeta Bhalla

17.  X is a good swimmer. He finds, Y, a child of seven years of age drowning in a canal. He could have saved the child but did not do so. The child is drowned. X is guilty of
(a) No offence
(b) Murder
(c) Abetment of suicide
(d) Culpable homicide not amounting to murder

18.  A servant collected money from the debtor of his master as authorised by him. The servant retained the money in his hands because it was due to him as wages. He commits
(a) criminal breach of trust.
(b) theft.
(c) no offence.
(d) criminal misappropriation.

19.  A conviction under Section….can be altered into one under Section 403 IPC under Section 221 of the Criminal Procedure Code
(a) 409
(b) 408
(c) 407
(d) 406

20.  A abets B to commit a theft from the house of C. B finding an opportunity picks C’s pocket while C was traveling by a bus. Give the correct answer
(a) A is responsible for abetment of theft
(b) A is not responsible for abetment of picking of pocket
(c) A is not responsible for abetment of committing theft because theft has not been committed from the house
(d) All the above are correct

21.  The principle of……underlying the doctrine of mens rea is expressed in the familiar Latin maxim actus non facit reum nisi mens sit rea
(a) Punishment
(b) Natural justice
(c) Statutory law
(d) Criminal liability

22.  ‘India’ has been defined in
(a) Section 1 of IPC
(b) Section 2 of IPC
(c) Section 18 of IPC
(d) Section 16 of IPC

23.  Awarding compensatory cost at the stage of injunction is
(a) Permissible
(b) Not permissible
(c) According to discretion of the Court
(d) none of these

24.  An order granting or refusing to grant amendment of pleadings is
(a) Revisable
(b) Not revisable
(c) Either a. or b based on circumstances
(d) None of the above

25.  Which of the following Section of CPC deals with the ‘persons specially appointed by Government to prosecute or defend on behalf of foreign Rulers?
(a) 87
(b) 86
(c) 85
(d) 84

26.  Which of the following Section of CPC deals with seizure of property in dwelling house in execution of decree?
(a) 62
(b) 61
(c) 63
(d) 64

27.  Who among the following can exempt the agricultural produce from liability to attachment or sale in execution of a decree?
(a) State Government
(b) Central government
(c) High Court
(d) All the above

28.  Under which of the following Section of CPC, in lieu of issuing a commission the Court may issue a letter of request to examine a witness residing at any place not within India?
(a) 76
(b) 75
(c) 77
(d) 73

29.  The maxim Nemo debet bis vexari pro uno dteadem causa is the basic principle behind the rule of
(a) Res judicata
(b) Res subjudice
(c) Jurisdiction
(d) None of the above

30.  Any subsequent event after filing a suit or a decree will
(a) Affect the rights of plaintiff
(b) Will not affect the right of plaintiff
(c) Both a. and b.
(d) None

31.  Principals of res judicata can be invoked
(a) Only in separate proceedings
(b) Also in subsequent stage of the same proceedings
(c) Both a. and b.
(d) None

32.  Rejection of an application for condonation of delay and consequent dismissal of appeal as time barred is
(a) A decree
(b) Preliminary decree
(c) Not a decree
(d) None

33.  The first uniform Code of civil Procedure was enacted in the year
(a) 1908
(b) 1859
(c) 1882
(d) 1872

34.  Compromise of a suit is provided under
(a) O. XXIII R.1
(b) O.XXII R.2
(c) O.XXIII R.3
(d) O.XXII R.4

35.  Documents which are meant for cross-examination of a witness of the other party or meant for refreshing the memory of the witness may be produced
(a) At or before the settlement of issues
(b) After the settlement of issues
(c) At any time when they are required
(d) Along with pleadings

36.  A Decree can be transferred to Court of small Causes, Under O.XXI R.4 , Where a decree has been passed in a suit of which the value as set forth in the plaint did not exceed Rupees…………
(a) 1000
(b) 2000
(c) 3000
(d) 10000

37.  Which of the following deals with “Matters to which affidavit shall be confined”?
(a) O. XIX R.1
(b) O. XIX R.2
(c) O. XIX R.3
(d) None of the above

38.  The proceedings as against any person added as defendant shall be deemed to have begun on the
(a) Date of allowing
(b) Service of summons
(c) Such date court may decide
(d) None of these

39.  Which of the following is not a section introduced by Cr.P.C. Amendment Act 2005
(a) 311A
(b) 436A
(c) 441A
(d) 446A

40.  During inquiry or trial, the accused is remanded to custody;
(a) Under section 309(2) of CrPC
(b) Under Section 309(1) of CrPC
(c) Under Section 167(2) of CrPC
(d) Under Section 167(1) of CrPC.

41.  Under 204(2) of Cr.P.C. no summons or warrant shall be issued until;
(a) The complainant is examined
(b) A list of witnesses has been filed
(c) The address of the accused is filed
(d) None

42.  A Court of Sessions taking cognizance of an offence under Sub Section (2) of 199 shall try the case in accordance with the procedure for the trial of;
(a) Sessions cases
(b) Warrant cases instituted on a police report
(c) Warrant case instituted otherwise on a police report
(d) Summons case

43.  3 Cheques issued by the same accused dishonour and joint notice is sent in respect of all the cheques, in such case;
(a) Single compliant can be filed
(b) 3 separate complaints should be filed
(c) 3 complainants should be filed but can be tried together
(d) None of the above

44.  In a summons case the trial commences from
(a) Framing of charge
(b) Issuance of process
(c) The moment the accused appears
(d) Examination of witnesses

45.  For the preparation of the panel of names of persons fit to be appointed as public prosecutors, the District Magistrate shall consult;
(a) The High Court
(b) A High Court Judge
(c) The Sessions Judge
(d) The C.J.M.

46.  The maximum amount of compensation a 1st class Judicial Magistrate can award;
(a) Rs.5,000/-
(b) Rs.10,000/-
(c) Rs.50,000/-
(d) No limit

47.  The Supreme Court has held that a criminal trial can be held in jail and it is not against Section 327 Cr.P.C in
(a) Keharsingh Vs. Delhi Administration
(b) Nalini Vs. State of Tamil Nadu
(c) Sanjaydut Vs. CBI
(d) Sahira Sheik Vs. State of Gujarat

48.  Which of the following order is absolute?
(a) 133
(b) 144
(c) Both (a) and (b)
(d) None of these

49.  The procedure when a corporation or a registered society is an accused, is provided under section;
(a) 304
(b) 305
(c) 306
(d) 307

50.  The term “wife” in the context of Sec.125 Cr.P.C.
(a) Include women not lawfully married
(b) Does not include unlawfully married
(c) The position not yet settled by the Supreme Court
(d) None of above

51.  Committed proceedings before a magistrate is
(a) Enquiry
(b) Trial
(c) Neither a. nor b.
(d) Judicial proceedings

52.  In Sessions case, an accused can file a written statement under section;
(a) 231
(b) 232
(c) 233
(d) Cannot file Written Statement

53.  The presumptions will vanish when
(a) The accused adduces evidence
(b) The contrary is proved
(c) The accused entering into defence
(d) None of these .

54.  A statement of a witness recorded during the course of enquiry under section 202 Cr.P.C.
(a) Is admissible under section 33 of Evidence Act
(b) Not admissible
(c) Depends on the facts and circumstances of the case
(d) None of these

55.  The information furnished by an accused in his confession statement that he has handed over the stolen properties to another accused
(a) Admissible under section 27
(b) Not admissible under section 27
(c) Depends
(d) None of these

56.  Facts which need not be proved by the parties, include —
(a) Facts which have been admitted by the parties at or before the hearing
(b) Statements made on oath
(c) Any registered document
(d) Statements made in plaint or in written statement supported by affidavit.

57.  ‘One accomplice cannot corroborate another’. The statement is
(a) Fully correct
(b) Partly correct
(c) Incorrect
(d) None of these

58.  When there are more than one statements in the nature of dying declaration ____ must be preferred
(a) All of them
(b) Last
(c) First
(d) None of these

59.  Which of the following is correct ?
(a) Suspicion however strong not a substitute for legal proof
(b) Graver the charge greater has to be the standard of proof
(c) There is a long mental distance between may be true and must be true
(d) All the above

60.  ‘Any person’ in section 106 of Evidence Act refers to
(a) A person who is not a party to the suit but interested in the outcome of the suit
(b) A stranger to the state
(c) A party to the suit
(d) All the above

61.  ‘A’ commits a crime and goes to Police Officer. He makes confession and gives other information. ‘A’ is charged with the offence. The confession
(a) Cannot be proved against him because Section 25 of the Evidence Act.
(b) Can be proved against him because Section 27 of the Evidence Act.
(c) Can be proved against him because Section 25 of the Evidence Act.
(d) Cannot be proved against him being voluntary

62.  Which is the provision in the Indian Evidence Act which incorporates the concept of res gestae
(a) Sections 6 and 7
(b) Sections 7 and 8
(c) Sections 8 and 9
(d) Sections 6, 7, 8, 9 and 14

63.  In which of the following cases the Supreme Court has held that the confession or admissions of an accused must be taken as a whole or rejected as a whole
(a) Tahasildar Singh Vs. State of U.P.
(b) Palvindar Kaur Vs. State of Punjab
(c) Nishikand Jha Vs. State
(d) Nanavathi Vs. State of Bombay

64.  Which section of Evidence Act provides that judge will decide as to admissibility of evidence?
(a) Section-5
(b) Section-23
(c) Section-136
(d) Section-148

65.  The term ‘immovable property’ is defined in
(a) The Registration Act, 1908
(b) General Clauses Act, 1897
(c) Transfer of Property Act, 1882
(d) Both a. and b.

66.  Which one of the following is not essential element of sale ?
(a) Parties
(b) Subject matter
(c) Transfer of conveyance
(d) Payment of price in cash

67.  Which one of the following sections of T.P. Act deals with doctrine of substituted security?
(a) Section 68
(b) Section 70
(c) Section 71
(d) Section 73

68.  Doctrine of merger in Transfer of Property is provided under
(a) S.103
(b) S.102
(c) S.101
(d) S.100

69.  Sale of wheat crop which would be ready for harvest after one month is
(a) movable property
(b) Immovable property
(c) Depends
(d) None of the above

70.  Transferability of property is based on the maxim
(a) alienatio rei prae fertur jure accrescendi
(b) qui facit per allium facit perse
(c) nemo est heres viventis
(d) none of these

71.  ‘A’ gives Rs. 500 to ‘B’ on condition that ‘B’ shall marry A’s daughter ‘G’ on the date of Transfer ‘G’ was dead.. The transfer is void under which section of Transfer of Property Act ?
(a) Section-25
(b) Section-26
(c) Section-27
(d) Section-28

72.  Rights and liabilities of parties in anomalous mortgage are provided under  ______ of TPA ?
(a) S.96
(b) S.97
(c) S.98
(d) S.94

73.  The definition of settlement given under section 2(b) of Specific Relief Act
(a) includes a will or codicil as defined by the Indian Succession Act, 1925
(b) excludes a will or codicil as defined by the Indian Succession Act, 1925
(c) Partially includes a will or codicil as defined by the Indian Succession Act, 1925
(d) None of the above

74.  Except as otherwise provided in the Specific Relief Act 1963, , nothing in this Act shall be deemed to affect the operation of the
(a) Indian Registration Act, 1908
(b) Indian Contract Act, 1872
(c) Indian Succession Act, 1925
(d) None of the above

75.  The court shall not refuse to any party specific performance of a contract merely on the ground that the contract is not enforceable at the instance of the other party. The statement is
(a) True
(b) False
(c) Partly true
(d) None of the above

76.  Relief against parties and persons claiming under them by subsequent title is provided in Section………of Specific Relief Act 1963
(a) 18
(b) 19
(c) 16
(d) 17

77.  A contract to sell or let any immovable property cannot be specifically enforced in favour of a vendor or lessor—
(a) who, knowing himself not to have any title to the property, has contracted to sell or let the property;
(b) who, though he entered into the contract believing that he had a good title to the property, cannot at the time fixed by the parties or by the court for the completion of the sale or letting, give the purchaser or lessee a title free from reasonable doubt.
(c) Both a and b
(d) None of the above

78.  The Indian Easement Act came into force on

(a)    01 June 1882

(b)   01 July 1882

(c)    01 August 1882

(d)   01 September 1882

79.  Easement cannot be created by

(a)    Law

(b)   Grant

(c)    Prescription

(d)   None of the above

80.  Period of limitation for restoration of suit is

(a)    90 days

(b)   60 days

(c)    30 days

(d)   10 days

81.  A suit for foreclosure by a mortgagee can be filed within the prescribed period of limitation is ___ years.

(a)    30

(b)   12

(c)    1

(d)   3

82.  A bill of exchange contains

(a)    Unconditional undertaking

(b)   Conditional undertaking

(c)    Unconditional order

(d)   Conditional order

83.  ‘At sight’ under section 21 NI Act means

(a)    On presentation

(b)   On demand

(c)    On coming into vision

(d)   All the above

84.  A protest is made by

(a)    Drawer

(b)   Indorser

(c)    Notary

(d)   Any of the above

85.  Cognizance of offence under section 138 NI Act can be taken by a court on

(a)    Police report

(b)   Complaint

(c)    Application to District judge

(d)   All the above

86.  Which of the following cannot cross a cheque?

(a)    Drawer

(b)   Holder

(c)    Banker

(d)   Foreigner

87.  A petition under Hindu Marriage Act can be presented before

(a)    District Court

(b)   High Court

(c)    Supreme Court

(d)   Lowest Grade court within prescribed limits

88.  Ordinarily judicial separation leads to

(a)    Reconciliation

(b)   Divorce

(c)    Either of the above

(d)   Neither of the above

89.  An appeal against the order under section 25 of Hindu Marriage Act lies before

(a)    District Court

(b)   High Court

(c)    Supreme Court

(d)   Marriage Appellate Tribunal

90.  Father’s widow is

(a)    Class I heir

(b)   Class II heir

(c)    Agnate

(d)   Cognate

91.  Presumption in case of simultaneous deaths under section 21 of Hindu Succession Act is that

(a)    Younger survived elder

(b)   Elder survived younger

(c)    No one survived

(d)   None of the above

92.  The Protection Officer under the Domestic Violence Act shall be under the control and supervision of

(a)    High Court Judge

(b)   Magistrate

(c)    Service Provider

(d)   Special Public Prosecutor

93.  DIR under The Protection of Women from Domestic Violence Act stands for

(a)    Domestic Incident Report

(b)   Diary of Police

(c)    Domestic Investigation Report

(d)   Domestic Information Report

94.  The Protection Officers under The Protection of Women from Domestic Violence Act are appointed by

(a)    Central Government

(b)   High Court

(c)    Domestic Violence Court

(d)   State Government

95.  An unregistered document can be admitted in evidence as regards an existence of contract in a

(a)    Suit for possession

(b)   Suit for injunction

(c)    Suit for specific performance

(d)   None of the above

96.  Will can be presented for registration within

(a)    4 months of its execution

(b)   6 months of its execution

(c)    2 years of its execution

(d)   At any time

97.  Duly stamped means

(a)    That the instrument bears an adhesive or impressed stamp not less than proper amount and that such stamp has been affixed or used in accordance with law in force in India.

(b)   That the instrument bears an adhesive stamp not less than proper amount and that such stamp has been affixed or used in accordance with law in force in India.

(c)    That the instrument bears an impressed stamp not less than proper amount and that such stamp has been affixed or used in accordance with law in force in India.

(d)   That the instrument bears an adhesive and impressed stamp not less than proper amount and that such stamp has been affixed or used in accordance with law in force in India.

98.  Stamp duty is to be paid by

(a)    Purchaser

(b)   Transferee

(c)    As mutually agreed in the agreement between the parties

(d)   Any of the above

99.  No residential buildings shall be converted into a non-residential building except with the permission of

(a)    State government

(b)   Controller

(c)    High Court

(d)   It cannot be converted at all.

100.                      Authority under AP Land Encroachment Act, 1905

(a)    Collector

(b)   Tahsildar

(c)    Deputy Tahsildar

(d)   All of the above.

MODEL EXAM KEY

1	c	26	a	51	c	76	b
2	c	27	a	52	c	77	c
3	a	28	c	53	b	78	b
4	b	29	a	54	b	79	a
5	b	30	b	55	a	80	c
6	c	31	b	56	a	81	c
7	c	32	c	57	a	82	c
8	b	33	b	58	c	83	b
9	d	34	c	59	d	84	c
10	c	35	c	60	c	85	b
11	b	36	b	61	a	86	d
12	a	37	c	62	d	87	a
13	b	38	a	63	c	88	c
14	b	39	d	64	c	89	b
15	a	40	a	65	d	90	b
16	c	41	b	66	d	91	a
17	a	42	c	67	c	92	b
18	a	43	a	68	c	93	a
19	a	44	c	69	a	94	d
20	a	45	c	70	a	95	c
21	b	46	d	71	a	96	d
22	c	47	a	72	c	97	a
23	b	48	b	73	b	98	d
24	b	49	b	74	a	99	b
25	c	50	a	75	a	100	d