MP Judicial Prelims 1999 Question Paper

MP Judicial Prelims 1999 Question Paper

1. If in any case in which the defendant sets up counterclaim, the suit of the plaintiff is stayed, discontinued or dismissed to the counter claim:-
(a) Shall be stayed
(b) Nevertheless be proceeded with
(c) May be continued with the leave of High court
(d) No specific provision

2. Where the decree is for the payment of sum of money exceeding one thousand rupees the period of civil prison :-
(a) Shall not exceed three months
(b) Shall not exceed six months
(c) Shall not exceed nine months
(d) Shall not exceed one year ‘Now five thousand rupees, subs by Act 46 of 1999 for the words “One thousand rupees”

3. Who among the following is not entitled to exemption from personal appearance in the court: –
(a) Former Indian Ruler
(b) Chairman of the state legislative councils
(c) The ministers of States
(d) Collector

4. Caveat shall not remain in force after expiry of :-
(a) Ninety days
(b) Sixty days
(c) Thirty days
(d) Fifteen days

5. If a party who has obtained an order for leave to amend pleading does not amend the same within how many days, he shall not be permitted to do without leave of court:-
(a) Fifteen days
(b) Fourteen days
(c) Twenty days
(d) Thirty days

6. Where the plaint has been rejected the plaintiff on the same cause of action:-
(a) May present a fresh suit
(b) Cannot present a fresh suit
(c) May present a fresh suit with the leave of High court
(d) None of the above

7. Where the suit is dismissed under rule 2 or 3 or order 9 CP.C. the plaintiff:-
(a) May bring a fresh suit subject to law of limitation
(b) Cannot bring a fresh suit
(c) May bring a fresh suit with the leave of High court
(d) May bring a fresh suit with the leave of District Judge

8. In which condition the officer in charge of the prison may refuse to produce the prisoner for evidence despite court’s order:-
(a) Where the prisoner is related to Ruling Party
(b) Where the prisoner is Ex-Minister
(c) Where the prisoner is Government Servant
(d) Where the Medical officer has certified the prisoner is unfit to be removed by the reason of sickness

9. Where any property has been attached in execution of decree and the court, for any reason passes an order dismissing the execution application but omits to give any direction as to attachment:-
(a) Attachment shall be deemed to have ceased
(b) Attachment shall cease after three months
(c) Attachment shall cease after six months
(d) Attachment shall cease after one year.

10. Where any party dies after conclusion and before pronouncing of Judgement:-
(a) The suit shall abet
(b) The suit shall not abet
(c) The suit shall not abet if cause of action survives
(d) It will be deemed that judgement has been pronounced after death of a party

11. Where a decree of compromise which was not lawful, there :-
(a) Suit shall lie to set aside such decree
(b) Complaint has to made to High court
(c) No suit shall lie to set aside such decree
(d) Suit may lie to set aside such decree with the leave of District Judge

12. Where an indigent person succeeds the court fee shall be recovered:-
(a) From His defendant
(b) From the State Government
(c) Not recoverable
(d) From the Plaintiff

13. An Attachment made before judgement in a suit which is dismissed for default:-
(a) Shall not become revived merely by reason of the fact the order for dismissal of the suit or default has Ixvi i set aside,
(b) Shall become revived merely on the basis of restoration of suit
(c) Shall become revived on the order of Appellant’ Court
(d) Shall become revived on the order of High Court.

14. If the offence be punishable with fine only and accused has been awarded with fifty rupees fine the period of imprisonment in default shall:-
(a) Not exceeding one month
(b) Not exceeding two month
(c) Not exceeding three month
(d) Not exceeding four month

15. A instigates B to give false evidence here, if B does not give false evidence what offence A has committed :-
(a) A is guilty of no offence
(b) Attempt to give false evidence
(c) Offence punishable with imprisonment of any description provided for that offence for a term which now extend to one-fourth part of the longest term provided for that offence and with fine
(d) None of the above

16. What punishment is provided for Dowry death:-
(a) Not loss than three years
(b) Not less than five years
(c) Not less than seven years and in rare circumstances may extent to death sentence
(d) Not less than seven years but which may extend to imprisonment for life

17. Which is not the stolen property :-
(a) Possession whereof was obtained by cheating
(b) Possession whereof was obtained by robbery
(c) Possession whereof was obtained by dacoity
(d) Possession whereof was obtained by criminal breach of trust

18. A Police officer arrested and detained a person in the lockup despite production of a bail order from the court Police officer is guilty of :-
(a) Wrongful restrain
(b) Wrongful confinement
(c) abduction
(d) Kidnapping

19. What must be the age of a minor with regard to the offence of kidnapping:-
(a) Sixteen years
(b) Eighteen years
(c) Under sixteen years of age, if a male and under eighteen years of age, if a female
(d) Under twenty years of age, if a male and under eighteen years of age, if a female

20. What is not correct about ‘Rape’:-
(a) Consent is immaterial if she is under 16 years of age
(b) Penetration is sufficient
(c) Intercourse by a man with his own wife, the wife not being under fifteen years of age is not rape
(d) Death penalty may be awarded

21. ‘A’ threatens to publish a defamatory libel concerning ‘B’ unless ‘B’ gives him money. He thus induces ‘B’ to give him money. ‘A’ has commit-ted:-
(a) Extortion
(b) Defamation
(c) Criminal intimidation
(d) Robbery

22. What is the offence preparation whereof is also punishable:-
(a) Theft
(b) Dacoity
(c) Murder
(d) Rape

23. A makes an attempt to pick the pocket of B by thrusting his hand into B’s pocket. A fails in the attempt in consequence of B’s having nothing in his pocket. A is guilty of :-
(a) No offence
(b) Theft
(c) Attempt to theft
(d) Using criminal force

24. A Voluntarily throws into a river a ring belonging to B with intention thereby causing wrongful loss to B, A has committed:-
(a) Theft
(b) Extortion
(c) Robbery
(d) Mischief

25. What punishment may be awarded to the person whose act is covered under general exceptions:-
(a) No punishment
(b) Half of the punishment prescribed for that offence
(c) One fourth of the punishment prescribed for that offence
(d) Depends upon discretion of the court.

26. What sentence an Assistant Session Judge may award:-
(a) Life imprisonment
(b) Any sentence authorised by law except a sentence of imprisonment for life or of imprisonment for a term exceeding ten years
(c) Upto fourteen years
(d) Upto twenty years

27. A person arrested by a police officer may be kept in custody for :-
(a) Two days
(b) Three days
(c) Twenty four hours
(d) One week

28. Now how much amount of monthly maintenance may be awarded in favour of a wife under section 125 of Cr.P.C.:-
(a) Three hundred rupees
(b) Four hundred rupees
(c) Five hundred rupees
(d) Three thousand rupees

29. In a first information an offence is cognizable and other is non-cognizable the whole case shall be deemed to be:-
(a) Cognizable
(b) Non-cognizable
(c) It is to be seen whether it is a warrant case
(d) It is to be seen whether it is a summon case

30. What is true about Court of Session :-
(a) It can take cognizance without commitment
(b) It cannot take cognizance without commitment
(c) It can take cognizance on the recommendation of District Magistrate
(d) It can take cognizance if the challan is put by the Superintendent of Police

31. No person shall be appointed as a Public Prosecutor for the District unless his name appears in the panel of names prepared by :-
(a) Session Judge
(b) High court
(c) District Magistrate
(d) Superintendent of Police

32. How much punishment may be awarded to an accused who is found guilty under a summary trial :-
(a) Not exceeding two years
(b) Not exceeding one years
(c) Not exceeding six months,
(d) Not exceeding three months

33. Whether an accused may be a competent witness in his own defence :-
(a) If he applies in writing on his own request.
(b) No
(c) With the leave of Court of Session
(d) With the leave of High Court

34. Whenever a Magistrate is of opinion, after hearing the evidence for prosecution and the accused, that the accused is guilty and that he ought to receive a severe punishment, then such Magistrate is empowered to inflict, the Magistrate may forward the case to:-
(a) Session Judge
(b) Chief Judicial Magistrate
(c) District Magistrate
(d) Concerned Police Station

35. In one trial A is awarded with the sentence which is not appealable whereas sentence against B is appealable, Whether A can file an appeal against his sentence :-
(a) No
(b) Only with special leave
(c) Yes
(d) There is no such provision

36. If in a criminal appeal an accused dies and his near relatives wish to continue the appeal then within how much period they must apply:-
(a) Four months
(b) Three months
(c) Sixty days
(d) Thirty days

37. When can a trial court release an accused on bail under section 389(3) of Cr.P.C. after conviction:-
(a) Where accused is on bail and imprisonment is not exceeding 3 years
(b) Where accused is on bail and imprisonment is not exceeding 5 years
(c) Where accused is on bail and imprisonment is not exceeding 7 years
(d) Where offence is exclusively bailable whether accused is on bail or not

38. What is effect of trial conducted in wrong place :-
(a) Vitiated itself
(b) Vitiated if caused failure of justice
(c) Seriousness has to be seen
(d) Is to be referred to High court

39. When will proceeding be vitiated if the Magistrate is not empowered to do so:-
(a) To issue a search warrant under section 94 of Cr.P.C.
(b) To hold an inquest under section 176 of Cr.P.C.
(c) Tries an offender Summarily
(d) To tender a pardon under section 306 of Cr.P.C.

40. The question is, whether ‘A’ was ravished and thereafter murdered? The fact that without making a complaint, she said that she had been ravished :-
(a) Is relevant as a conduct
(b) Is relevant as a substantive evidence
(c) Is relevant as a secondary evidence
(d) May be relevant under section 32(1) or 157 of Evidence Act

41. A relevant confession will become irrelevant when :-
(a) Made to a police Officer
(b) Made under a promise of secrecy
(c) When the accused was drunk
(d) In consequence of a deception practised on the accused

42. Admissions are :-
(a) Conclusive proof
(b) May operate as estoppels
(c) Always irrelevant
(d) None of the above

43. A agrees, in writing to sell a horse to B for Rs. 1000 or Rs. 1500. To show which price was to be given:-
(a) Oral evidence can be given
(b) Antecedents of the parties are to be seen
(c) Oral evidence cannot be given
(d) None of the above

44. A is charged with travelling on a railway without a ticket. The burden of proving that A had a ticked is on :-
(a) Ticket Checker
(b) Railway
(c) A
(d) Prosecution

45. What is provision about an Accomplice :-
(a) He is not a competent witness
(b) His evidence is irrelevant
(c) His evidence should be believed blindly
(d) His evidence is relevant under section 114 and 133 of Evidence Act

46. What number of witnesses will be required for the proof of any fact :-
(a) No particular number
(b) At least one eye-witness
(c) Two witnesses with regard to documents
(d) One party and one witness

47. Leading question :-
(a) May be asked in examination in chief
(b) May be asked in cross examination
(c) May be asked in re-examination
(d) Cannot be asked in any circumstances

48. Which is not the main principle that underlines the law of evidence :-
(a) Evidence must be confined to the matter in issue
(b) Hearsay evidence must not be admitted
(c) Hearsay evidence must be admitted
(d) The best evidence must be given in all cases

49. A witness was asked whether he was not dismissed from a post for dishonesty. He denies it :-
(a) The evidence is admissible if it comes from plaintiff’s side
(b) The evidence is admissible if it comes defendant side
(c) The evidence is admissible
(d) The evidence is inadmissible

50. When a party refuses to produce a document which he had notice to produce :-
(a) He cannot use the document as .evidence without the consent of opposite party or the order of the court
(b) Objection of opposite is worthless
(c) Order of court not necessary
(d) Document will be deemed to be an admitted document.

51. Where does Madhya Pradesh Accommodation control Act, 1961 apply :-
(a) Whole Madhya Pradesh
(b) Area specified in Schedule-1
(c) Area recommended by State Re-organisation Commission
(d) Excluding area of old Vidarbha

52. Who fixes the standard rent:-
(a) Civil Court
(b) District Court
(c) Rent Controlling Authority
(d) Collector

53. M.P. Accommodation Control Act, 1961 does apply to :-
(a) Property of Government
(b) Property of local authority used exclusively for non residential purposes
(c) Property of Municipal Corporation used exclusively for non-residential purposes
(d) Property of Municipal Corporation used for residential purpose

54. The provisions of M,P, Accommodation control Act, 1961 will not be applicable to a newly constructed house for a period of :-
(a) Five years
(b) Seven years
(c) Three years
(d) One years

55. Who is not a landlord for the purpose of section 23(j) of M.P. Accommodation control Act 1961:-
(a) A retired servant of any Government
(b) A servant of any Government
(c) A divorced wife
(d) A physically handicapped person

56. The Rent Controlling Authority should not below the rank of:-
(a) Tahsildar
(b) Asstt. Supted. Land Records
(c) Deputy Collector
(d) Civil Judge

57. Where an order for the eviction of tenant is made on the ground specified in clause (e) of sub-sec. (1) of Sec. 12, the landlord shall not be entitled to obtain possession thereof before expiration of a period of:-
(a) One year
(b) Six months
(c) Three months
(d) Two months

58. Where a landlord has acquired any accommodation by transfer he cannot bring a suit for eviction on the ground specified in clause (e) or (f) of sub-sec (1) of sec. 12 so long:-
(a) One years has not elapsed
(b) Six months has not elapsed
(c) Three months has not elapsed
(d) Two months has not elapsed

59. An appeal shall lie against the order passed by Rent Controlling Authority to :-
(a) High Court
(b) District Court
(c) Collector
(d) State Government

60. Who is not a member of family for the purpose of M.P. Accommodation control Act:-
(a) Unmarried daughter
(b) Unmarried sister
(c) Grandson living separately
(d) Grandfather

61. The Proceeding pending when the M.P. Accommodation Control Act, 1961 came into being will be
(a) Decided according to provisions of New Act:
(b) Referred to the High Court
(c) Returned to the plaintiff
(d) Decided according to provisions of Old Act.

62. Rules made under the provisions of M.P. Accommodations Control Act have to be sent to :-
(a) Assembly
(b) High Court
(c) President
(d) Supreme Court

63. ‘A’ proposes by letter to sell a house to ‘B’ at a certain price. The communication of proposal is complete when :-
(a) ‘A’ puts letter in letter box
(b) ‘ B’ receives the letter
(c) ‘ B’ puts reply in letter box
(d) ‘A’ receives reply of ‘B’

64. ‘A’ sells by auction to ‘B’ a horse which ‘A’ knows to be unsound. ‘A’ says nothing to ‘B’ about the horse’s un-soundness. A does :-
(a) Fraud
(b) Misrepresentation
(c) No fraud
(d) Undue influence

65. Where both parties are under mistake as to matter of fact, the agreement will be :-
(a) Enforceable
(b) Voidable
(c) Not void
(d) Void

66. What will be effect of mistakes at to law in force in India on the agreement :-
(a) Not voidable
(b) Voidable
(c) Void
(d) Not Void

67. A Promises, for no consideration, to give to B Rs. 1000 This agreement is :-
(a) Voidable
(b) Void
(c) Enforceable
(d) Not enforceable not being in writing

68. Agreements, the meaning of which is not certain or capable of being made certain are:-
(a) Voidable
(b) illegal
(c) Void
(d) Enforceable

69. Where no application is made and no time is specified for performance of promise there the agreement be performed within :-
(a) Three years
(b) Two years
(c) One years
(d) Reasonable Time

70. A agrees with B to discover treasure by magic. This agreements is :-
(a) Void
(b) Voidable
(c) Enforceable
(d) Valid and enforceable in Bengal

71. In case of an alternative promise one branch of which is legal and the other illegal:-
(a) Both branches will be enforceable
(b) The legal branch alone can be enforced
(c) No branch is enforceable
(d) None of the above

72. A supplies B, a lunatic, with necessaries suitable to his condition in life. Whether A is entitled for reimbursement from the property of B:-
(a) No
(b) Yes, if the value of property is more than one lakh
(c) Yes
(d) None of the above

73. A saves B’s property from fire, Circumstances show that he intended to act gratuitously, Whether A is entitled for compensation from B
(a) Yes
(b) Not from B, but from Government
(c) Not from B, but from his heirs
(d) No

74. A the captain of B’s ship, signs of bill of lading without having received on board the goods mentioned therein, As between B and pretended consignor is concerned the bill of lading are :-
(a) Void
(b) Voidable
(c) Enforceable
(d) None of the above

75. Who is not a Revenue Officer:-
(a) Settlement Officer
(b) Revenue Inspector
(c) Asstt. Suptd. land records
(d) Naib Tahsildar

76. When does agriculture year begin :-
(a) 1st January
(b) 1st April
(c) 1st July
(d) 15th August

77. When any person neglects to give information required under section 109 of M.P. Land Revenue code within stipulated period the Tahisildar may impose penalty:-
(a) Not exceeding Rs. 100
(b) Not exceeding Rs. 75
(c) Not exceeding Rs. 50
(d) Not exceeding Rs. 25

78. If any person wilfully defaults to pay land revenue within one month after stipulated period the Sub-divisional Officer may impose penalty:-
(a) Not exceeding 10%
(b) Not exceeding 15%
(c) Not exceeding 20%
(d) Not exceeding 25%

79. Land revenue for different lands will be assessed by :-
(a) Collector
(b) Settlement Officer
(c) Settlement Commissioner
(d) Commissioner of Division

80. The term of Settlement shall not be less than:-
(a) 100 years
(b) 50 years
(c) 30 years
(d) 20 years

81. No mortgage of any land by a Bhumiswami shall be valid unless the following land is left with him free from charge: –
(a) 2 acres irrigated or 3 acres unirrigated land
(b) 3 acres irrigated or 4 acres unirrigated land
(c) 1 acres irrigated or 2 acres unirrigated land
(d) 5 acres irrigated or 10 acres unirrigated land

82. Where the settlement operations are closed all application pending before settlement officer shall be transferred to (a) Collector
(b) Tahsildar
(c) Sub-divisional officer
(d) Asstt. Suptd. land records

83. No usufructuary mortage of any land by a Bhumiswami shall be valid if it is for a period exceeding :-
(a) 5 years
(b) 6 years
(c) 7 years
(d) 10 years

84. Where a Bhumiswami effects a mortgage the total amount of interest under section 165(3) of M.P.L.R. code shall not exceed :-
(a) Equal to principal amount
(b) One-fourth of principal amount
(c) Half of the principal amount
(d) One-third of the principal amount

85. Under provisions of M.P.L.R. Code a Bhumiswami may relinquish his rights by giving notice to Tahsildar. How much prior before commencement of Agriculture year this notice should be given:-
(a) 120 days
(b) 90 days
(c) 60 days
(d) 30 days

86. Where a Bhumiswami desires to take his land back possession whereof was taken by Tahsildar under Section 176 of M.P.L.R. Code he should apply :-
(a) Within three years from the commencement of next Agriculture year
(b) Within two years from the commencement of next Agriculture year
(c) Within One year from the commencement of next Agriculture year
(d) Within S ix months from the commencement of next Agriculture year

87. Which is not the immoveable property:-
(a) A lease of land
(b) Growing crops
(c) A right of way
(d) A life interest in the income of immoveable property

88. What kind of property is transferable :-
(a) Right to re-entry
(b) Public Office
(c) Any kind of property if not prohibited by law
(d) Pension

89. What kind of transfer may be made orally :-
(a) Gift of immoveable property
(b) Transfer of actionable claim
(c) Sale of immoveable property of value upward Rs. 100
(d) Surrender of lease

90. Whether a transfer can be made in favour of an unborn person:-
(a) Yes, by machinery of trust
(b) yes
(c) Guardian has got to be appointed first
(d) None of the above

91. When does an unborn person acquire vested interest on transfer :-
(a) As soon as he is born
(b) On attaining majority
(c) On attaining 21 years
(d) After marriage, if female

92. A lets to B a farm on the condition that B shall walk 100 miles in an hour, Lease is :-
(a) Voidable
(b) Void
(c) Valid
(d) Enforceable

93. A has let his house at a rent of Rs. 100 payable on the last date of each month. A sells house to B on the 15th June. On 30th June what will be apportionment :-
(a) A will get Rs. 100
(b) B will get Rs. 100
(c) Rs.50 to A & Rs.50 to B
(d) The tenant will be exempted from payment of rent of that month

94. Which is not the ingredient of section 53(A) of T.P. Act :-
(a) Agreement for transfer
(b) Consideration
(c) Transferee has performed his part
(d) Moveable property

95. Whether simple mortgage must always be registered:-
(a) Yes
(b) If value of property is more than Rs. 100
(c) Registration not necessary
(d) None of the above

96. Who may make rules consistent with the provisions of T.P. Act:-
(a) Stale Government
(b) High Court
(c) Supreme Court
(d) State Secretariat

97. In absence of contract or local law or usage to the contrary a lease of immoveable property shall be deemed to be:-
(a) Month to month
(b) Bimonthly
(c) Year to Year
(d) Biannual

98. A gives a lakh of rupees to B, reserving to himself, with B’s assent the right to take back Rs. 10,000 at pleasure out of that amount This gift is :-
(a) Absolutely Valid
(b) Absolutely Invalid
(c) This cannot be said to a gift
(d) Holds good as to Rs. 90,000 but it is void as to Rs. 10,000

99. In criminal proceeding the fact that the accused is of good character is :-
(a) Relevant
(b) Irrelevant
(c) Unrebuttable
(d) None of these

100. What is not the necessary ingredient for attracting the provisions of section 27 of Evidence Act :-
(a) The person must be an accused of an offence
(b) TBD
(c) TBD
(d) TBD