JUNIOR CIVIL JUDGE - 2012 - SCREENING EXAM QUESTIONS

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]