JCJ Model Exam Paper


 

INDIAN ASSOCIATION OF LAWERS (IAL)

Hyderabad City Committee

J.C.J. MODEL EXAM (Preliminary)

Dated :   20/06/2009                         Marks : 100                                                 Time : 2 hrs
________________________________ Answer all Questions____________________________________

1.  Whenever a person is subjected to Civil Prison, under order 38, Arrest Before Judgment,
the maximum period of such prison should not exceed :

a) 3 months                      b) 3 weeks                    c) 6 weeks                       d) 6 months

2.  Courts have jurisdiction to try all suits of a civil nature excepting suits, the cognizance of
which is either expressly or impliedly barred, by virtue of

a) Section 8 of CPC    ' b) Section 9 of CPC   c) Section 10 of CPC     d) Section 11 of CPC

3.  A suit to set a side a decree on the ground of lack of territorial jurisdiction is barred

a) under section 21 of CPC                                   b) under section 21 A of CPC

c) under section 22 of CPC                                   d) under section 23 A of CPC

4.  A suit it representative capacity can be filed by virtue of

/a) under Order 1, Rule 8 of CPC                             b) under Order 1, Rule 9 of CPC

c) under Order 1, Rule 8A of CPC                          d) under Order 1, Rule 10A of CPC

5. Court can direct the parties to opt for any one mode of alternative dispute resolution under
/a) Order X, Rule 1A of CPC                                     b) Order X, Rule 1B of CPC

c) Order XI, Rule 1 of CPC                                     d) Order XI, Rule 2 of CPC

6. In a plaintiff fails to sue for the whole of the claim which he is entitled to make in respect of
a cause of action in the first suit, then he is precluded from suing in the suit in respect of
portion so omitted, by virtue of

/a) Order 2, Rule 2 of CPC                                        b) Order 2, Rule 3 of CPC

c) Order 2, Rule 4 of CPC                                     d) Order 2, Rule 5 of CPC

7.  The court instead of examining witnesses in open court direct their statements to be

recorded on commission by virtue of

a) Rule 19 of Order XVIII of CPC                          b) Rule 4 of Order XVIII of CPC

c) Rule 2 of Order XVIII of CPC                              d) Rule 3A of Order XVIII of CPC

8.  An ex-part decree can be set aside

a) under Order 9, Rule 7 of CPC                            b) under Order 9, Rule 11 of CPC

c) under Order 9, Rule 13 of CPC                           d) under Order 9, Rule 12 of CPC

9.  Adjournment can be granted

a) under Order 17, Rule 3 of CPC                           b) under Order 17, Rule 2 of CPC

/c) under Order 17, Rule 1 of CPC                           d) under Order 17, Rule 1(2) of CPC

10.  Compensatory costs under Section 35A of CPC can be imposed to the extent of

.-a)Rs. 3000                         b) Rs. 5000                   c) Rs. 10,000                   d) without any limit

11.  Transfer of a decree for execution to another court has been dealt with

a) under Section 37 of CPC                                   b) under Section 38 of CPC

/ c) under Section 39 of CPC                      d) under Section 40 of CPC

12. A 'garnishee' is

      a) the judgment debtor                                              b)judgment debtor's debtor         

 

c) judgment debtor's creditor                               d) agent of the parties to the suit

 

13. A receiver is an

      a) officer of the court                                                 b) agent of the plaintiff

      c) agent of the defendant                                           d) agent of the parties to the suit

14. In a suit under Order XXXVII,, Rule 2 of CPC the defendant has defendant has to put in
appearance within

            /a) 10 days of service of summon            b) 15 days of service of summon

            c) 30 days of service of summon d) 60 days of service of summon

15. Section 89 of CPC provides for

            /a') settlement of dispute outside court     b)settlement of dispute through court

            c) settlement of dispute through village panchayat d)AII the above

16. Section 6 of Limitation Act does not apply to

            a) suits             b) execution of a decree

            y'c) appeal         d) all the above r

17. A suit for possession based on the right of previous possession & not in title can be filed
a) within one year of dispossession    b) within three year of dispossession

      /c) within 12 year of dispossession    d) within six months of dispossession

18. Period of limitation for leave to appear and defend is

      a) 30 days   b) 60 days         c) 90 days         /tf) 10 days

19. Cognizable offence has been defined

      a) under Section 2(a)   yb) under Section 2(c) c) under Section 2(i)      d)under Section 2(l)

20. Complaint as provided under Section 2(d) of Cr PC

      a) can be to police officer      b) can be to Magistrate

      c)    both (a) & (b)     _          /d)must necessarily to be a Magistrate only

21. A Metropolitan Magistrate, has the power to pass sentence, as provided under Section 29
of Cr PC

      a)any sentence authorized by law except a sentence of death, or

      b)imprisonment for life or of imprisonment for a term exceeding seven years

      /c) imprisonment for a term not exceeding three year and fine not exceeding Rs. 10,000/-

      d)    imprisonment for a term not exceeding one year and fine not exceeding Rs. 5,000/-

22. The imprisonment in default of fine

      a)shall be in addition to a substantive sentence maximum awardable under section 29 without any specific order

      b)shall be in addition to a substantive sentence only when a specific order to that effect is passed

      c)shall not be in addition to the substantive sentence awardable by the Magistrate

/d) shall be in addition to the substantive sentence awardable but subject to the upper limit for substantive sentence prescribed under Section 29.

23. It is mandatory to produce the person arrested before the Magistrate, within 24 hours of his arrest, under

       a) Section 56 of Cr PC                                             /b) Section 57 of Cr PC

       c) Section 58 of Cr PC                                             d) Section 59 of Cr PC

 

 

24.' In a non-cognizable case, when a Magistrate orders the police to investigate, in that it will be at par with the cognizable offence case and the police will have all the powers in respect of investigation

a) including the power to arrest without warrant
yb) except the power to arrest without warrant
c) both are correct depending on the circumstances                            d) None

25. A statement of a witness recorded under Section  161  of Cr PC,  in writing during
investigation and is signed by the person making the statement is hit by

a) Section 161 (2) of Cr PC                                    b) Section 161 (3) of Cr PC

/^Section 162 (1) of Cr PC                                       d) Section 162 (2) of Cr PC

26.  A confessional statement under Section 164 of Cr PC can be recorded
a) during the course of investigation only & not afterwards

)6) during the course of investigation or at any time afterwords before the commencement of inquiry or trial

c)   during investigation as well as during inquiry but before commencement of trial

d)   during the investigation, inquiry or trial

27.  Amount of maintenance under Section 125 of Cr PC is

a) limited to Rs. 500 per month                              b) limited to Rs. 1000 per month

c) limited to Rs. 5000 per month                             d) without any limit

28.  Court of sessions has the original jurisdiction to take cognizance of offences, by virtue of
a) Section 190 of Cr PC                                         b) Section 193 of Cr PC

c) Section 195 of Cr PC                                       A) Section 199 of Cr PC

29.  Under Section 260 of Cr PC which of the following offences cannot be tried summarily

a)   offences punishable with imprisonment exceeding three months

b)   offences punishable with imprisonment exceeding six months

c)   offences punishable with imprisonment exceeding one year ^xfj offences punishable with imprisonment exceeding two years

30.  Under Section 321 of Cr PC

a)   prosecution can be withdrawn in summons case without consent of the court

b)   prosecution can be withdrawn in warrant case without consent of the court

c)   in any type of cases but only with the consent of the court

d)  both (a) & (b)

31.  Power under Section §319 of Cr PC car be exercised

a)   by the Magistrate and the Court of Sessions both only after recording of evidence during the inquiry or trial

b)   by the Magistrate before recording ofevidence but by the Court of Sessions only after recording of evidence

c)   by the Magistrate and the Court of sessions both even before recording of evidence

d)   by the Magistrate only after recording evidence but by the Court of Sessions before recording of evidence

32.  Disposal of property at the conclusion of trial is governed by

.   a) Section 452 of Cr PC                                       b) Section 453 of Cr PC

c) Section 454 of Cr PC        d) Section 455 of Cr PC

33.  Dishonestly has been defined as doing anything with intention to cause wrongful gain to
one person & wrongful loss to another, under

      a) Section 23           b) Section 25     -cj Section 24    d) Section 26

34.  When a criminal act is done by several persons in furtherance of the common intention of all

      a) each of such person is liable for that act in the same manner as if it were done by him alone

      b) each of such person is liable for his own overt act

c)    each of such person shall be liable according to the extent of his participation in the crime

d)    both (b) & (c)

35.  Section 34 of IPC

a) creates a substantive offence                           Ai) is a rule of evidence

c) both (a) and (b)                                        "       d) neither (a) nor (b)

36.   How many types of punishments have been prescribed under the Indian Penal Code a) three      b) six    /c) five   d)four

37.   The maximum 'ignorantia juris non excusat' means

/a) ignorance of law is no excuse                             b) ignorance of fact is no excuse

c)  ignorance of law is an excuse                            d) ignorance of fact is an excuse

38.  Accident as an exception has been dealt with in

a) Section 77                    b) Section 78              So) Section 80                     d) Section 82

39.  Section 84 of IPC provides for

a) medical intensity    /b) legal intensity                  c) moral intensity

d)  unsoundness of mind of any kind

*

40.  Which of the following is correct

a) the burden of proof that the accused was not insane at the time of commission of offence is on the prosecution

yb) the burden of proving that the accused was not insane at the time of commission of offence is on the accused

c)    there is a rebuttable presumption of fact that accused was insane at the time of commission of the offence

d)    it is matter of inference to be drawn by the court on the fact proved by the prosecution

41.  In case of free fight between two parties

a)   right of private defences is available to both the parties

b)   right of private defence is available to individuals against individual

c)   yc) no right of private defence is available to either party

d) right to private defenceis available only to one party

42.  Abettor is a person

a) who committed the offence                             /b) who instigates the commission of offence

c)  against whom the offence is committed                 d) who is innocent

43.  For an unlawful assembly under Section 141 of IPC, the minimum number of persons
required is

/a) five                                b)seven                         c) ten                               d)twenty

44.  10 persons were changed for offence under Section 302/149 of IPC which has been committed by only one person, and out of the 10, nine except the one who actually committed the offences ,were acquitted, the person who actually committed the offence

a)   cannot be convicted for offence Section 302/149 of IPC

b)   cannot be convicted for offence Section 302of IPC

c)   cannot be convicted for offence Section 149 of IPC

d)   cannot be convicted for offence Section 302of IPC

45. Causing disappearance of evidence of offence or ving false information to screen offender, is an offence

      a) under Section 200 of IPC                          b) under Section 201 of IPC

c) under Section 212 of IPC                                   d) under Section 204 of IPC

46.  Culpable homicide is not murder, if it is committed under

   a) grave & sudden provocation                               b) self-intoxication

c) irresistible impulse                                            d) all the above

47.  Grave & sudden provocation is

   /a) question of fact                                                 b) question of law

c) mixed question of fact & law                              d) a presumption under the law

48.  Robbery becomes dacoity when committed conjointly by

a) two persons                                b) more than two persons but less than five persons

yc) five persons or more                      d) at least ten persons

49.  When the injury is intentional and sufficient to cause death in the ordinary cource of nature
and death follows the offence is

a) attempt to murder      b) culpable homicide not amounting to murder
c) murder                         d) attempt to suicide

50.  Six persons assembled on the platform of Hyderabad Railway Station and started fighting
with each other. The passengers present at the Railway Station got annoyed and felt
disturbed. The public reported the matter to the police. These six persons are guilty of

a) unlawful assembly     b) rioting                         c) affray                              d) assault

51.  Indian Evidence Act was drafted by

a) Lord Macaulay                                                   b) Sir James F.Stephen

c) Huxley                                                             d) Sir Henry Summer Maine

52.  Indian Evidence Act applies to

a) proceedings oefore tribunals                               b) proceedings before the arbitrator

. c) judicial proceedingjin courts                               d) all the above

53.  Law of evidence is

a) lex tallienis                   b) lexfori                        c) lex locisolutionis        d) lex situs

54.  Evidence under the Indian Evidence act means & includes

a) ocular evidence                                                 b) documentary evidence

c)   ocular and documentary evidence both

d)   ocular evidence based on documents only

55.  Under the law of evidence, the relevant fact

a) must be legally relevant                                     b) must be logically relevant

c)   must be legally & logically relevant

d)   must be legally & logically relevant and admissible

56.  Which of the following documents are not admissible in evidence

a) documents improperly procured                          b) documents procured by illegal means

c) both (a) & (b)                                                  ^) neither (a) & (b)

57.  Aibi is governed by

a) Section 6 of Evidence Act                                  b) Section 8 of Evidence Act

      c) Section 12 of Evidence Act                                d) Section II of Evidence Act

58.  Persons who can make admissions are mentioned in

      a) Section 17 of Evidence Act                                   b) Section 20 of Evidence Act

      c) Section 19 of Evidence Act                         /d) Section 18 of Evidence Act

59.  A retracted confession

      a) Can be made solely the basis of conviction

b) cannot be made solely the basis of conviction under any circumstances
  c) can not be made solely the basis of conviction unless the same is corroborated

d) both(a) & (c) are incorrect.

60.   Whether a person summoned to produce a document become a witness? a) Yes          No

61.   FIR can be used for the purpose of

a) Corroboration                b) contradiction             c) both                             d) None

62.  Fact means and includes under Sec. 27 of I.E. Act

, a) physical                       b) psychological            c) Both

63.   Confession made before RPF can be. a) proved          b) Nor proved

64.   A dying declaration to be admissible

a) must be made before a police officer                  b) must be made before a doctor

c) must be made before a competent magistrate
yd) may be made before any of above

65.  Section 112 of Evidence Act provides for

a) presumption of life                                            b) presumption of marriage

c) presumption of death                                       .d) presumption of legitimacy

66.  Presumption as to dowry death is contained in

a) Section 111 A of Evidence Act                          b) Section 113 A of Evidence Act

jz) Section 113 B of Evidence Act                           d) Section 113 of Evidence Act

67.  A proposal when accepted becomes

a) promise under Section 2 (b)                              b)agreement under Section 2 (e)

c)  contact under Section 2(h)                                d) none of the above

68.  Goods displayed in a shop with a price tag is an

a) offer                           b) invitation to offer    c) counter offer

d)  none of the above

69.   When the consent to the contract is caused by coercion, the contract under Section 19 is a) a)valid       ^b)  voidable               c) void                            d) illegal

70.   A contract without consideration under Section 25 is

a) valid                             b) voidable                    c) void                             d) illegal

71.  An agreement in connection with horse- racing under Section 30 is

a) unlawful                        b) void                          c) voidable                      -d) valid

72.  Benefits received by a party under a void contract

jd) is liable to restore the benefits to the party from whom the benefits are received

b) not liable to restore the benefits to that party

c) liable to restore the benefits to third party

d) liable to surrender the benefits to the State

 

73.  Surety is a person

a) in respect of whose default the guarantee is given
b) who gives the gurantee     c) to whom the guarantee is given

      d) none of the above

74.  In a contract of guarantee

      a) There are two parties and one contract       b) There are two parties and two contract

      c) There are three parties and three contracts. d) There are three parties and one contract

75.   Pledge under Section 172 of Indian Contract Act has been defined as

a)   a licence to take possession of goods

b)   an agreement to give possession of goods

-c) bailment of goods as a security for payment of a debt or for performance of a promise d) both (a) & (b)

76.  Under the Transfer of Property Act, 1882, the term "attested" means

, a) attested by two or more witnesses                     b) attested by one witness only

c) attested by two witnesses only                          d) no condition prevails

77.  Under the provisions of the Transfer of property Act, 1882

a)   a mere right to sue can be transferred

b)   a mere right to sue cannot be transferred

c)   no such provision is made in the Act                  d) none of the above

78.  The term "transfer" under the Transfer of Property Act, 1882, refers to

/a) partly or whole transfer                                        b) absolute or conditional transfer

c) contingent transfer                                            d) both (a) & (b) are correct

79.  The provision of contingent interest is provided in

a)   Section 20 of the Transfer of property act, 1882

b)   Section 21 of the Transfer of property act, 1882

c)   Section 22 of the Transfer of property act, 1882

d)   Section 23 of the Transfer of property act, 1882

80.  The state Govt may by notification declared an area as Metropolitan are if population
a) less than Rs. 1,00,000                                       b) above 1,00,000/-

c) less than one million                                         d) above 1 million

81.  A magistrate of second class may pass a sentence of imprisonment for a term

a)   Not exceeding 1 year and fine not exceeding Rs. 1,000/-

b)   Not exceeding 2 years and fine not exceeding Rs. 5,000/-

c)   Not exceeding 1 year and fine not exceeding Rs. 10,000/-j$) Not exceeding 1 year and fine not exceeding Rs. 5,000/- '

82.  According to Sec,84 claims and objections to attachment should be made

a) with in two months     b) 3 months                    c) Six months                    d) With in one year

83.  A magistrate while dealing with sec. 125 Cr.  P.C. proceedings all evidence in such
proceedings shall be recorded in the manner prescribed for

a) summary case           yb) summons case       c) warrant case

d)  At the interest of court

84. After completion of investigation a police officer can file a 'police report' under section
a) 173(1)      /d) 173 (2)          c) 173(3)           d) 173(4)

85. Under section Sec 311-A Cr.P.C. A 'Mag', has got power to order any person to give specimen signatures or handwriting, by that time the arrest of such person required or not

      a) Required  b) Not required   -c) For some time it's required

      d) The person has to send to J.C. for some days.

86. In case of gift, the donee dies before acceptance then

      a) gift is valid            b) gift is void                 c) gift is reduced            d) court has to decide

87.  A suit for possession of an immovable property. Under Section 6 of Specific Relief Act can
field within

a) 1 year of dispossession                                   ,. b) 6 months of dispossession

c) 3 year of dispossession                                     d) 12 year of dispossession

88.  An order or decree under Section 6 of the Act is

a) appealable                                                        b) reviewable

  /) neither appealable nor reviewable                        d) both appealable and reviewable

89.  Under Section 10 which of the following can be specifically'enforced
y&) contingent contract                                    *      b) to form a partnership

c) chattel of special value                                      d) separation deeds

90.  Rescission of a contract cannot be granted

a) Where the plaintiff has ratified the contract b) Where there is a valid contract

c) Where the third party have acquired any interest under the contract     yd) all the above

91.  Section 31 in its application is

   /a) based on protective or preventive                        b) restricted to contracts only

c) restricted to the parties to the contract                d)mandatory in nature

92.  A declaration made under Sec. 34 of S. R. Act is binding on

a)   the parties to the suit

b)   persons claming through the parties to the suit

c)   Where any party is a trustee, in the persons for whom such parties would be trustee /"c!) all the above

93.  Injunctions cannot be granted in a suit

   a) in which the specific performance cannot be enforced

b)   for breach of negative contract to enforce specific performance

c)   for declaration where the plaintiff is in possession

d)   neither (a) nor (b) nor (c)

94.  Perpetual injunction can be granted under Section 38 of the Act

a)   when there exists standard for ascertaining the actual damages caused

b)   when compensation would afford adequate remedy

s) when it is necessary to prevent multiplicity of proceedings d) when the defendant is not a trustee of property for the plaintiff

95.  Specific performance of a part of the contract, has been dealt with under

.  a) Sec. 12 of the Specific Relief Act, 1963        b) Sec. 10 of the Specific Relief Act, 1963

c) Section 11 of the Specific Relief Act, 1963  d) Section 9 of the Specific Relief Act, 1963

 

96.  'Dishonestly' covers under section_____________ IPC

a) 22 IPC                          b) 23 IPC                    . c) 24 IPC                          d) 25 IPC

 

97.  Which   provision   prescribes   the   lowest_____ punishment  among   the   other  punishments
prescribed in IPC.

      a)Sec-508                      b) Sec-509                      c)Sec-510                      d)Sec-511

 

98.  The 'Abduction' inperse is an a§ offence________ a) Yes                         /-b) No

 

99.  Meaning of'Cypres'

a) As much as earned possible___________________ b) As near as possible

c) An order of court_____________________________ d) Not press the suit

 

100.Whether a plaint & written statement can send by post           a) Yes             b) No