Maharashtra Judicial Service District Judge 2012 Paper-I

Maharashtra Judicial Service District Judge 2012 Paper-I Question Paper

Total marks – 200                           Duration – 3 hours

Directions : The following five items consist of two statements, one labelled as the ‘Assertion (A)’ and the other as ‘Reason (R)’. Yon are to examine these two statements carefully and select the answers to these items using the codes given below:
Codes:
(a) Both A and R are individually true and R is the correct explanation of A
(b) Both A and R are individually true but R is not the correct explanation of A
(c) A is true but R is false
(d) A is false but R is true

1. Statement I (A)
Where one of two or more co-owners of an immovable property ..transfers his share of such property or any interest therein, the transferee acquires as to such share or interest the transferor’s right to joint possession or other common or part enjoyment of the property.
Statement II(R)
Even where the transferee of a share of a dwelling house belonging to an undivided family is not a member of the family, he is entitled to joint possession or other common or part enjoyment of the house.

2. Statement 1(A)
Where immovable property of one person is by an act of parties made security for payment of money to another and the transaction does not amount to a mortgage, the latter person is said to have a charge on the property.
Statement II(R)
Any contract in respect of immovable property, of itself, creates a charge on such property.

3. Statement 1(A)
Where any special or local law prescribes for any suit, appeal or * application a period of limitation different from the period x prescribed by the Schedule, the provisions of Section 3 of Limitation Act, 1963 shall apply as if such period were the period prescribed by the Schedule.
Statement II(R)
Where a special law prescribes a period of limitation for filing appeal but there is no provision there for under Limitation Act, the period of limitation provided under the special law must be treated to be different from that under the Limitation Act.

4. Statement 1(A)
In a suit for specific performance of a contract the plaintiff may also claim compensation for its breach, in addition to such performance.
Statement II(R)
Compensation can be awarded even if the plaintiff has not sought compensation in his plaint.

5. Statement 1(A)
Section 5 of the Limitation Act 1963 empowers the court to admit a suit after the prescribed period if the plaintiff satisfies the Court that he had sufficient cause for not instituting the suit.
Statement II(R)
Even an appeal may be admitted after the prescribed period if the appellant shows sufficient cause for not preferring the appeal within the stipulated period.

6. In a cognizable case, the police will have ali the powers to
(a) investigate except the power to arrest without warrant
(b) investigate including the power to arrest without warrant.
(c) investigate and arrest without ‘warrant only after seeking permission from the Magistrate.
(d) investigate and arrest without warrant only after informing the Magistrate having jurisdiction to inquire into or try the offence.

7. In a bailable offence
(a) conditions can be imposed while granting bail by the police officer only.
(b) conditions can be imposed while granting bail by the Court only.
(c) no condition can be imposed while granting bail by the police officer or the Court.
(d) only reasonable conditions can be imposed by the Court only.

8. The withdrawal from the prosecution by the Public Prosecutor, in a case where a charge is required to be framed, before the charge has been framed shall have the effect of_____ of the accused.
(a) discharge.
(b) acquittal.
(c) release.
(d) composition with.

9. In case of an offence punishable with fine only, imprisonment for non-payment of fine
(a) has to be rigorous.
(b) has to be simple.
(c) can be rigorous or simple.
(d) can be partly rigorous and partly simple.

10. Consider the following
At the conclusion of the’ trial the Court may make recommendation for award of compensation under Section 357- A of Cr. P.C.
(I) Where it is satisfied that compensation awarded under Section 3570s not adequate.
(II) Where the case ends in acquittal or discharge and the victim has to be rehabilitated.
Choose correct answer using the code given below: –
(a) I only
(b) II only
(c) both I & II
(d) neither I nor II

11. A, who had undergone detention during trial, has been sentenced to pay a fine of Rs. 1,000/- and suffer S.I. for one month in default of payment of fine. A fails to deposit the amount of fine and is made to undergo imprisonment in default A claims set off. In this situation A is –
(a) entitled to set off as a matter of right.
(b) not entitled to set off.
(c) entitled to set off if the Court so orders specifically.
(d) not entitled to set off as the detention was not during investigation.

12. A J.M.F.C. may tender a pardon to a person at any stage of the_
(a) investigation, inquiry and trial.
(b) inquiry and trial only.
(c) investigation only.
(d) trial only.

13. If the accused is, by reason of a previous conviction, liable either to enhanced punishment or to a punishment of a different kind, such offence
(a) can be compounded.
(b) cannot be compounded.
(c) can be compounded with the permission of the Court.
(d) can be compounded only by the person who is aggrieved by the said offence.

14. A instigates B to instigate C to murder Z. B accordingly instigates C to murder Z, and C commits that offence in consequence of B’s instigation.
Which one of the following would be the correct statement.
(a) only B is guilty of abetment as A did not directly instigate C to murder Z.
(b) both A and B will be guilty as the abetment of an abetment is also an offence,
(c) only A will be guilty as B acted on the instigation of A.
(d) neither A nor B can be fastened with criminal liability for abetment.

15. Y gives grave and sudden provocation to X. X, on this provocation, fires pistol at Y, neither intending nor knowing himself to be likely to kill Z, who is near him, but out of sight. X kills Z.
X is guilty of
(a) murder.
(b) culpable homicide.
(c) no offence as death of Z was caused by accident or misfortune.
(d) an offence punishable u/s. 304-AIPC for doing a rash or negligent act not amounting to culpable homicide.

16. P, with the intention of the committing theft entered the house of Q. Q, on seeing him entering, struck him with a stick and P fell down unconscious. Thereafter, Q gave another blow of the . stick on the head of P, which caused his death. On being prosecuted for murder, Q took the plea of private defence.
Which one of the following statements is legally correct?
(a) since Q was acting in the exercise of his right of private defence of property the defence is valid.
(b) since in the defence of ones property one cannot cause death of the intruder, Q has no defence.
(c) as Q has used excessive force, Q’s plea of right of private defence will not succeed.
(d) in the fact-situation, the question of right of private defence doesn’t arise at all.

17. Which one of the following is the correct group of offences against which right of private defence relating t9 property can be exercised.
(a) theft, extortion, robbery, mischief.
(b) theft, extortion, mischief, criminal trespass.
(c) robbery, mischief, criminal trespass, extortion.
(d) theft, robbery, mischief, criminal trespass.

18. A instigates B, a person of unsound mind, to set fire to a dwelling house. B, incapable of knowing the nature of the act that he is doing what is wrong or contrary to law sets fire to the house in consequence of A’s instigation.
Which one of the following statements is legally correct?
(a) since B is incapable of committing offence, A is also not guilty.
(b) B has committed no offence, but A is guilty of abetting the offence.
(c) both A and B are guilty.
(d) only B is guilty.

19. The terms “Habendum” and “testimonium” are used in connection with
(a) drafting an intestamentary deed.
(b) pleading in Moffussil Court.
(c) conveyancing.
(d) pleading of Habeas Corpus Petition.
20. For the offence of adultery U/S.497 of the I.P.C., no Court shall take cognizance except upon a complaint made by
(a) the wife concerned.
(b) the husband of such wife.
(c) the father of such wife.
(d) the wife of adulterer.

21. Unlawful removal of ornaments from the body of a deceased person amounts to
(a) criminal breach of trust
(b) extortion
(c) cheating
(d) criminal misappropriation

22. A, having pawned his gold locket to Z, takes it out of Z’s possession without Z’s consent, not having paid what he borrowed on the gold locket.
A has committed
(a) no offence.
(b) an offence u/s. 403 of IPC.
(c) an offence u/s 405 of IPC.
(d) an offence u/s. 379 of IPC.

23. Under the Evidence Act, anything said, done or written by a conspirator when me conspiracy is afoot, is relevant against the co-conspirator on the basis of doctrine of
(a) Conspiracy
(b) shared knowledge.
(c) agency.
(d) secrecy.

24. Section 112 of Evidence ‘Act provides for presumption of
(a) life.
(b) Marriage
(c) Death
(d) legitimacy.

25. Under the Evidence Act facts not otherwise relevant are relevant
I. if they are significant.
II. if they are inconsistent with any fact in issue or relevant fact.
III. if they make the existence or non-existence of any fact in issue or relevant fact highly probable or improbable.
Choose correct answer using the code given below: –
(a) I,II and III I
(b) II only
(c) I and II only 1
(d) II and III only

26. Admissions are not conclusive proof of the matters admitted but they may operate as.
(a) formal proof
(b) estoppel.
(c) concession.
(d) waiver of proof

27. In which of the following situations previous judgment is relevant
I. A prosecutes £ for Adultery with C, A’s wife.
B denies that C is A’s wife, but the court convicts B of adultery.
Afterwards, C is prosecuted for bigamy in marrying B during A’s lifetime.
C says that she never was A’s wife.
Whether the judgment against B is relevant as against C.
II. A prosecutes B for stealing a cow from him. B is convicted. A, afterwards, sues C for the cow, which B had sold to him before his conviction.
As between, A and C, whether the judgment against B is relevant?
Choose the correct answer using the following code
(a) I only
(b) II only
(c) both I and II
(d) neither I nor II

28. A confession made to a Police Officer in the immediate presence of a Magistrate is
(a) inadmissible.
(b) relevant.
(c) admissible, if corroborated by the Magistrate.
(d) admissible, if corroborated by other evidence.

29. Under the Evidence Act, the maps prepared by the TILR appointed by the Court as a Court Commissioner in a suit for removal of encroachment and recovery of possession
(a) shall be presumed to be accurate.
(b) may be presumed to be accurate.
(c) must be proved to be accurate.
(d) need no formal proof.

30. Under the C.P.C., “ Decree” does not include
(a) the rejection of a plaint.
(b) an order of restitution under sec. 144 C.P.C.
(c) an order of restitution of conjugal rights.
(d) the return of a plaint.

31. Where a suit is to obtain relief respecting, or compensation for wrong to, immovable property situate within the jurisdiction of different courts, the suit may be instituted in any court within the local limits of whose jurisdiction,
(a) the defendant actually and voluntarily resides.
(b) any portion of the property is situate.
(c) the cause of action arises.
(d) the plaintiff resides.

32. Execution shall not be issued on a decree passed against the Union of India or a State ,unless it remains unsatisfied for the period of_____ months computed from the date of such decree.
(a) one
(b) two
(c) three
(d) six

33. Which of the following is not a supplemental proceeding?
(a) grant of temporary injunction
(b) appointment of a receiver
(c) direction to defendant to furnish security
(d) issuance of a commission

34. An order of the court rejecting an application for review, under the Code of Civil Procedure, is
(a) appealable.
(b) not appealable.
(c) appealable by opposite party.
(d) appealable with the permission of the Court.

35. If a suit is dismissed because the plaintiff fails to apply for fresh summons, after summons has been returned unserved, within the prescribed period of time, he
(a) may bring a fresh suit at any time,
(b) cannot bring a fresh suit,
(c) can bring a fresh suit subject to law of limitation.
(d) must file an appeal under O.43 of C.P.C.

36. Where any period is fixed or granted by the Court for the doing of any act! prescribed or allowed by the Code of Civil Procedure the Court may enlarge such period not exceeding
(a) 14 days at a time.
(b) 30 days in total.
(c) 30 days at a time.
(d) 60 days in total.

37. Where a decree for specific performance is passed against the Corporation, the decree may be enforced
I. by the attachment of the property of the Corporation.
II. by the detention in civil prison of the Directors of the Corporation.
III. by both attachment and detention.
Choose the correct answer using the code given below:-
(a) I only
(b) I and II only
(c) II only
(d) I, II and III

38. Where a fresh suit is instituted on the strength of permission granted by the Court under Order 23, Rule (l),
(a) the plaintiff is not bound by the law of limitation.
(b) a fresh period of limitation begins to run from the , date of the order, granting such permission.
(c) the plaintiff shall be bound by the law of limitation in the same manner as if the first suit had not been instituted.
(d) such suit must fail if not instituted within one year.

39. Where any order is made under CPC against a party and thereupon any judgment is ‘pronounced against such party and such party prefers an appeal against the decree. In the said appeal such party
(a) may contend that such order should not have been made.
(b) cannot contend that such order shouldn’t have been made
(c) is precluded from assailing the correctness of such order.
(d) has to restrict the challenge to the decree only.

40. A makes a contract with B to buy B’s bungalow if A survives C. This contract
(a) can be enforced by law whenever A desires.
(b) can be enforced by law whenever B desires.
(c) cannot be enforced by law unless and until C dies in ‘A’s lifetime.
(d) is void.

41. An agreement, without consideration, made in writing and signed by the debtor to pay the debt of which the creditor might have enforced the payment but for the law for the limitation of suits,
(a) is void.
(b) is voidable at the option of debtor.
(c) is voidable at the option of creditor as well as debtor.
(d) is a contract.

42. When a bookseller advertises that he has a stock of books to sell, he is making
(a) an offer
(b) an invitation to offer
(c) a special offer
(d) a standing offer.

43. When a promisee accepts performance of the promise from a third person, he
(a) can still enforce it against the promisor,
(b) cannot enforce it against the promisor.
(c) can only seek damages from the promisor.
(d) can compel the promisor to specifically perform the promise.

44. Generally the act of a partner which is done to carry on, in the usual way, business of the kind carried on by the firm, binds the
(a) managing partner.
(b) firm.
(c) concerned partner.
(d) sleeping partner.

45. In the absence of a contract to the contrary, a partnership firm of more than two partners is not dissolved
(a) by the expiry of the fixed term for which the partnership was constituted.
(b) by the death of a partner.
(c) by the adjudication of a partner as an insolvent.
(d) by the retirement of a partner.

46. Sale is a transfer of ownership in exchange for a price
I. paid.
II. promised.
III. part paid and part promised.
Select the correct answer using the code below: –
(a) I only
(b) Ill only
(c) I & III only
(d) I,II & III

47. A contracts to sell a piece of land to B. While the contract is still in force, A sells the said land to C, who has notice of the contract between A and B.
In this situation, B
(a) may enforce the contract against C to the same extent as against A.
(b) cannot enforce the contract against C.
(c) cannot seek specific performance of the contract even . against A.
(d) can only claim damages against A.

48. A gift of immovable property can be effected
(a) by delivery of possession.
(b) by a written and signed document.
(c) even orally.
(d) by registered instrument only.

49. Apart from the mortgagor which one of the following persons cannot institute a suit for redemption:
(a) the mortgagee of the interest sought to be redeemed.
(b) any person who has any interest, in, or change upon, the property mortgaged or in or upon the right to redeem the same.
(c) any surety for the payment of the mortgage-debt or any part thereof.
(d) any creditor of the mortgagor who has in an administration suit obtained a decree for sale of the mortgaged property.

50. A suit for foreclosure can be instituted only by
(a) a simple mortgagee.
(b) an usufructuary mortgagee.
(c) an English mortgagee.
(d) a mortgagee by conditional sale.

51. Where a third person has a right to receive maintenance from the profits of immovable property and such property is transferred, the right can be enforced against
(a) the transferee who has no notice thereof.
(b) a transferee’ for consideration and without notice of the right. »
(c) a gratuitous transferee.
(d) the property in the hands of transferee for consideration and without notice.

52. A person, who is dispossessed of immovable property illegally and without his consent may bring a suit under Section 6 of The Specific Relief Act, for recovery of possession thereof within_____ of the date of dispossession.
(a) Three years
(b) One year
(c) Twelve years
(d) Six months

53. An Injunction can be granted to restrain any person from
(a) prosecuting a judicial proceeding pending at the institution of the suit in which the injunction is sought.
(b) instituting or prosecuting any proceeding in a Court subordinate to that from which the injunction is sought.
(c) applying to any legislative body.
(d) instituting or prosecuting any proceeding in a criminal matter.

54. The dismissal of a suit for specific performance of a contract bars
I. the plaintiffs right to sue for compensation for the breach of such contract.
II. the plaintiffs right to sue for any other relief to which he may be entitled, by reason of such breach.
Select correct option:
(a) I only
(b) II only
(c) both I and II
(d) neither I nor II

55. In case of a continuing tort ‘a fresh period of limitation begins to run at every moment of time during which the_______ continues.
(a) injury
(b) act
(c) tort
(d) breach

56. An application for the enforcement or execution of decree granting______ shall not be subject to any period of limitation.
(a) partition
(b) a mandatory injunction
(c) a perpetual injunction
(d) restitution of property

57. The period of limitation for a suit for compensation for injury caused by an injunction wrongfully obtained begins to run from the time
(a) the injunction is obtained.
(b) the injunction ceases.
(c) the injury complained of is caused.
(d) the defendant refuses to pay compensation on demand.

58. The compounding of an offence under sub-section (1) of Sec. 152 of the Electricity Act, 2003 for any consumer shall be allowed
(a) only once.
(b) only twice.
(c) only thrice.
(d) for any number of times.

59. For a valid adoption by a male Hindu of a female Hindu, the adoptive father should be at least______ years older than the female to be adopted.
(a) 15
(b) 16
(c) 18
(d) 21

60. A Hindu wife shall not be entitled to separate residence and maintenance from her husband
(a) if her husband ceases to be a Hindu by conversion to another religion.
(b) if he is suffering from a virulent form of leprosy.
(c) if she ceases to be a’ Hindu by conversion to another religion.
(d) if he has any wife living.

61. In appointing the guardian of a minor the paramount consideration before the Court shall be the
(a) choice of the minor.
(b) status of the guardian.
(c) welfare of the minor.
(d) benefit of the estate.

62. The term______ denotes devolving of property on the Government if an intestate has left no heir qualified to succeed to his property.
(a) forfeiture
(b) Eclipse
(c) Escheat
(d) Reversion

63. Any marriage solemnized in contravention of the condition specified in clause (0 of Section 5 of the Hindu Marriage Act,. 1955 shall be
(a) voidable.
(b) null and void.
(c) irregular.
(d) valid.

64. Consider the following:-
A, a Hindu widow, who had inherited property from her father in law dies issueless intestate. That property shall devolve upon
(a) the husband.
(b) the mother and father.
(c) the heirs of the father.
(d) the heirs of the husband.

65. In a prosecution for an offence u/s. 138 the fact that the drawer had no reason to believe when he issued the cheque that the cheque may be dishonoured on presentment,
(a) shall be a defence.
(b) shall not be a defence.
(c) shall be sufficient to dislodge the presumption u/s. 139.
(d) shall be a ground to refuse the issuance of process.

66. Notwithstanding anything contained in the Code of Criminal Procedure,1973 no court______ that of a Metropolitan Magistrate or J.M.F.C. shall try any offence punishable Under Section 138 of Negotiable Instrument Act.
(a) except
(b) inferior to
(c) superior to
(d) co-ordinate with

67. The rule laid down by the Supreme Court in the case of M.C. Mehta V/s. Union of India, AIR 1987 SC 965 (Oleum Case) is
(a) identical with the rule of strict liability in Rylands V/s * Fletcher.
(b) more liberal than the rule in Rylands V/s Fletcher.
(c) more stringent than the rule in Rylands V/s Fletcher.
(d) totally unconnected with the rule in Rylands V/s Fletcher.

68. The insurer shall have right to contest the claim on all or any of the grounds that are available to the person against whom the claim has been made, if
I. there is a collusion between the person making the claim and the person against whom the claim is made.
II. the person against whom the claim is made has failed to contest the claim.
III. the insurer shows any other sufficient cause.
Choose the correct answer using the code given below:-
(a) I and II only.
(b) II and III only.
(c) I and III only.
(d) I. II and III.

69. In an accident involving two or more vehicles, where a third party (other than the drivers and/or owners of the vehicles involved) claims damages for loss or injury, it is a claim for compensation in respect of
(a) contributory negligence,
(b) composite negligence.
(c) solitary negligence.
(d) compound negligence.
70. An easement is not extinguished by
(a) permanent change in dominant heritage.
(b) destruction of either heritage.
(c) partition of dominant heritage.
(d) unity of ownership.

71. Which one of the following rights cannot be acquired by prescription:
(a) a right to the access and use of light for any building.
(b) a right of way.
(c) a right to access and use of support.
(d) a right to the free passage of air to an open space of ground.

72. When the dominant owner becomes entitled to possession of the servient heritage for a limited interest therein, the easement is__
(a) extinguished.
(b) suspended.
(c) revoked.
(d) revived.

73. “Doctrine of proportionality” is a concept relating to .
(a) Administrative Law.
(b) Law of Partition.
(c) Workman Compensation Law.
(d) Accident Claim Compensation Law.

74. _______ pencil Rule is a judicial standard for deciding whether to invalidate the whole contract or only the illegal part thereof,
(a) Black
(b) Red
(c) Green
(d) Blue

75. Which of the following is not the fundamental duty of every citizen of India
(a) to value and preserve rich heritage of our composite culture.
(b) to develop scientific temper, humanism and the spirit of inquiry and reform.
(c) to safeguard public property and to abjure violence.
(d) to confess guilt and ensure justice.

76. The Governor of a State shall have powers to grant pardon to any person convicted of any offence
(a) and sentenced to death.
(b) and sentenced to life.
(c) relating to central law.
(d) relating to state law.

77. The State can make any law imposing reasonable restrictions 011 the right of the citizens to form associations
(a) in the interest of sovereignty and integrity of India.
(b) in the interest of friendly relations with foreign states.
(c) in relation to defamation.
(d) in relation to incitement to an offence.

78. Article 20(2) of. the Constitution of India provides that no .person shall be_____ for the same offence more than once.
(a) convicted
(b) prosecuted
(c) prosecuted and punished
(d) investigated

79. The protection of life and personal liberty under Article 21 is
(a) available to citizens only.
(b) available to any person.
(c) not available to enemy alien.
(d) not available to a person arrested under a preventive detention law.

80. In the performance of his duties the____ shall have right of audience in all Courts, in the territory of India.
(a) Advocate General
(b) Solicitor General
(c) Attorney General
(d) Comptroller and Auditor General

81. The exclusive power to make any law with respect to any matter not enumerated in the Concurrent list or State list, vests with
(a) the legislature of the State
(b) the parliament.
(c) both the state legislature and the parliament.
(d) President alone.

82. In which of the following cases the Supreme Court of India developed the jurisprudence of a “curative” petition.
(a) Rupa Ashok Hurra V/s. Ashok Hurra
(b) M. Nagaraj V/s. Union of India
(c) CharidDhawan V/s. Jawaharlal Dhavvan
(d) Indira Sawhney II V/s. Union of India

83. Who amongst the following can be removed from his office by the President without an impeachment motion having been passed by the Parliament.
(a) a Judge of the Supreme Court
(b) Chairman of the Union Public Service Commission
(c) the Chief Election Commissioner
(d) the Comptroller and Auditor General of India.

84. In which of the following situations the bequest/s is/are void.
I. A bequeaths Rs. 5,00,000/- to 3, a Hindu, who has a spouse living, C on condition that he shall marry D, during the life time of C.
II. A bequeaths Rs. 5,00,000/- to his niece if she will desert her husband.
Choose correct answer using the code given below:-
(a) I only.
(b) II only.
(c) both I & II.
(d) neither I nor II.

85. In which of die following situations the Will stands revoked
I. A has made an unprivileged Will. Afterwards, A makes another unprivileged Will in respect of the same properly.
II. A has made an unprivileged Will. Afterwards, A makes an endorsement thereon, “Revoked”.
Choose correct answer using the code given below:-
(a) I only.
(b) II only.
(c) both I & II.
(d) neither I nor II.

86. An application for the reliefs under the Protection of Women from Domestic Violence Act, 2005 can be presented by
(a) an aggrieved person only.
(b) a Protection Officer only.
(c) any other person on behalf of the aggrieved person.
(d) any one of the above persons.

87. A Protection order made by a Metropolitan Magistrate shall be enforceable
(a) within the local limits of the jurisdiction of the M.M.
(b) within the limits of the concerned Metropolitan area.
(c) within the limits of the concerned State.
(d) throughout India.

88. I. The amount of compensation ordered to be paid under Section 5 of the Probation of Offenders Act, 1958 can be recovered as a fine.
II. In order to enforce such order of payment of compensation the Court may impose sentence in default of payment of compensation.
Which of the above statement/s is/are legally correct?
Choose correct answer using the code given below: –
(a) I only.
(b) II only.
(c) both I & II.
(d) neither I nor II.

89. A, a member of a Scheduled Caste, being in a position to dominate B, a woman belonging to a Scheduled Tribe, uses that position to have sexual relations with B, with her consent.
A has committed_______ SC & ST (PoA) Act, 1989
(a) an offence u/s. 3(i)(x).of
(b) an offence u/s. 3(2)(v) of
(c) an offence u/s. 3 (i)(xii) of
(d) no offence under

90. Where any Central Act is not expressed to come into operation on a particular day, then it shall come into operation on the day on which
(a) it is passed by both houses of Parliament.
(b) it receives the assent of the President.
(c) it is published in the Official Gazette.
(d) it is published on the Official Website of Govt, of India.

91. The, “Precautionary Principle”, relates to
(a) determining liability in collision on high-seas.
(b) determining liability in motor accident cases.
(c) Environmental Law.
(d) Piracy Law.

92. Under the Arbitration and Conciliation Act, 1996, “Court”
(a) does not include a High Court in exercise of its Ordinary Original Civil Jurisdiction.
(b) includes the Court of Small Causes.
(c) includes any Civil Court at the district.
(d) means the principal Civil Court of Original Jurisdiction in a district.
93. Under the Prevention of Corruption Act, 1988, the words “legal remuneration”
(a) are restricted to remuneration which a public servant can lawfully demand.
(b) are not restricted to remuneration which a public servant can lawfully demand.
(c) do not include remuneration which he is permitted to accept.
(d) do not include remuneration which he is authorized to accept.

94. The expression, “known sources of income” in Section i3(i)(e) of the Prevention of Corruption Act, 1988
(a) means sources of income known to the accused.
(b) means income from lawful sources, the receipt whereof has been intimated according to law.
(c) includes income received from any source lawful or otherwise.
(d) includes even the income the receipt of which has not been intimated in accordance with law.

95. Under the Bombay Court Fees Act, 1959, “Plaint” includes
(a) any written statement.
(b) a written statement pleading a set-off only.
(c) a written statement pleading a counter claim only.
(d) a written statement pleading a set-off or counter claim.

96. Under the Bombay Stamp Act, 1958 “instrument” includes ‘
(a) a bond.
(b) a bill of exchange.
(c) a promissory note.
(d) a bill of lading.

97. Under Mahomedan Law which of the following bequests are not valid unless the heirs give consent after the death of the testator
I. a bequest to an heir.
II. a bequest of more than a third of the surplus of the testator’s estate.
Choose correct answer using the code given below:
(a) I only.
(b) II only.
(c) both I & II.
(d) neither I nor II.

98. Under Hanafi Law of inheritance the inheritance is divided amongst Distant Kindred
(a) equally with Sharers and Residuaries.
(b) if there are only Sharers.
(c) if there are only Residuaries.
(d) if there be no Sharers or Residuaries.

99. “nemo moriturus proesumitur mentiri” means
(a) merit prevails over an unmerited,
(b) even a meritorious man needs a mentor.
(c) a man will not meet his maker with a lie in his mouth.
(d) it is presumed that every man knows what is morally correct.

100. “De die in diem” means
(a) from day to day.
(b) from birth to death.
(c) from dawn to dusk.
(d) devolution after death.