Punjab Judicial 2011 Question Paper

Punjab Judicial 2011 Question Paper

1. Under the Evidence Act, fact means
(a) factum probandum.
(b) factum probans.
(c) both factum probandum and factum probans.
(d) None of the above.

2. Under Section 32 of the Evidence Act, the opinion
(a) as to public rights and customs are admissible.
(b) as to private rights and customs are admissible.
(c) as to both public and private rights and customs are admissible.
(d) only as to customs are admissible.

3. ‘X’ dies leaving behind a son Y and a married daughter T, a suit filed by X, can be continued by
(a) Y alone as a legal representative.
(b) T alone as a legal representative.
(c) Y, T and the husband of T as legal representatives.
(d) Y and T both as legal representatives.

4. Which of the following properties of a judgement debtor are liable to be attached?
(a) Personal ornaments of religious usage of a woman.
(b) Tools of artisan and cattle and seed grain.
(c) Books of accounts.
(d) Shares in a corporation and government securities.

5. Under Order 23, Rule 3 of the C.P.C., on the basis of a compromise
(a) a decree has to be drawn only in respect of the subject matter that relates to the suit.
(b) a decree has to be drawn for the entire compromise so long as it embraces part of the subject matter of the suit and part outside it.
(c) a decree has to be drawn where the compromise does not embrace the subject matter of the suit at all.
(d) none of the above.

6. Provisions of Section 39 of the C.P.C. are
(a) permissive and not mandatory.
(b) mandatory and not permissible.
(c) mandatory and discretionary.
(d) none of the above.

7. On abatement of suit, under Order 22, Rule 9 of the C.P.C.
(a) a fresh suit on the same cause of action can be brought as a matter of right.
(b) a fresh suit on the same cause of action can be brought only with the permission of the court.
(c) a fresh suit on the same cause of action is barred.
(d) none of the above.

8. Notice under Section 80 of the C.P.C. has to be served on
(a) the Secretary to the Government.
(b) the Deputy Commissioner.
(c) the President of India.
(d) all the above.

9. In every plaint, under Section 26 of the C.P.C., facts should be proved by
(a) oral evidence.
(b) affidavit.
(c) document.
(d) none of the above.

10. In an interpleader suit, the plaintiff claims
(a) interest in the subject matter of the suit.
(b) no interest in the subject matter of the suit except charges or costs.
(c) no interest in the subject matter of the suit and not claims charges or costs.
(d) none of the above.

11. Foreign judgment as defined under Section 2(6) of C.P.C. as
(a) judgment given by an Indian court in respect of foreigners.
(b) judgment given by a foreign court.
(c) judgment given by an Indian Court established under any Foreign Act.
(d) none of the above.

12. Decree means
(a) an order adjudicating claims.
(b) informal expression of an adjudication.
(c) formal expression of an adjudication but shall not include any adjudication from which an appeal lies as an appeal from an order.
(d) none of the above.

13. Costs imposed under Section 35B of the C.P.C.
(a) shall be included in the costs awarded in the decree passed in the suit.
(b) shall not be included in the costs awarded in the decree passed in the suit.
(c) shall, if not paid, be executable against the person on whom the costs have been imposed.
(d) only (b) and (c).

14. Awarding future interest is
(a) mandatory.
(b) directory.
(c) discretionary.
(d) none of the above.

15. Attachment of property shall remain operative under Order 39, Rule 2A of the C.P.C. for a period of
(a) six months.
(b) three years.
(c) one year.
(d) seven years.

16. Amendment in pleading shall be effective
(a) from the date of the pleading.
(b) from the date of the application.
(c) from the date of the order.
(d) none of the above.

17. After being proceeded against ex parte, the defendant is
(a) precluded absolutely from participating in any proceeding in the suit.
(b) at liberty to join the proceedings at the stage where the proceedings are pending.
(c) at liberty to join the proceedings and do all the things which it would have done,
had he not been proceeded against ex parte, without getting the ex parte order set aside.
(d) none of the above.

18. A receiver
(a) can be sued generally for acts done in his official capacity by a third party.
(b) cannot be sued at all for acts done in his official capacity by a third party.
(c) can sue and can be sued for acts done in his official capacity by a third party only with the leave of the court appointing him.
(d) none of the above.

19. A person who institutes a suit in a foreign court and claims a decree in personam, after the judgment is pronounced against him.
(a) can always challenge the judgment on the ground of competency.
(b) can never challenge the judgment on the ground of competency.
(c) has the option to challenge it at any time
(d) none of the above.

20. A person can act as a ‘next friend’ if he is a
(a) major.
(b) sound mind.
(c) not having any interest adverse to that of a minor or lunatic residing in India.
(d) fulfilling all the above three requirements.

21. A Corporation, under Section 20 of the C.P.C., is deemed to carry on business at
(a) its principal office in India.
(b) its subordinate office in India.
(c) both (a) and (b).
(d) none of the above.

22. A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of marriage on the ground that the husband has failed to perform, without  reasonable cause, his marital obligations for a period of
(a) one year.
(b) two years.
(c) three year.
(d) seven years.

23. Under Dissolution of Muslim Marriage Act, repudiation of marriage as a ground for divorce is available to
(a) wife only.
(b) husband only.
(c) both wife and husband.
(d) none of the above.

24. Non-registration of marriage under Section 8 of the Hindu Marriage Act, 1955
(a) invalidates the marriage and calls for imposition of penalty.
(b) does not invalidate the marriage but calls for imposition of penalty.
(c) neither invalidates the marriage nor calls for imposition of penalty.
(d) make the marriage voidable.

25. Incapacity to consummate the marriage within the meaning of Section 12 of Hindu Marriage Act, 1955
(a) can be physical.
(b) can be mental.
(c) either physical or mental.
(d) only physical and not mental.

26. Bigamy is committed, if the subsisting marriage is
(a) valid.
(b) voidable.
(c) void.
(d) either (a) or (b).

27. A party is regarded as not having the mental capacity to solemnize the marriage, if suffering form
(a) unsoundness of mind.
(b) mental disorder.
(c) insanity or epilepsy.
(d) all the above.

28. A decree of restitution of conjugal rights in India, can be executed by
(a) attachment of the property of the respondent.
(b) arrest of the respondent.
(c) attachment of property and arrest of the respondent both.
(d) either attachment of property or by arrest of the respondent.

29. Which is not correct of law of limitation?
(a) Limitation bars the judicial remedies.
(b) Limitation on an adjective law.
(c) Limitation extinguishes the right.
(d) Limitation is a procedural law.

30. Section 5 of the Limitation Act is
(a) applicable to the proceedings under Section 34 of Arbitration and Conciliation Act, 1996, and the time limit prescribed under Section 34 can be extended in general.
(b) not applicable to the proceedings under Section 34 of Arbitration and Conciliation Act, 1996, and the time limit prescribed under Section 34 is absolute and un-extendable.
(c) applicable to the proceedings under Section 34 of Arbitration and Conciliation Act, 1996, and time limit prescribed under Section 34 can be extended only in exceptional circumstances.
(d) not applicable to the proceedings under Section 34 of the Arbitration and Conciliation Act, 1996, however, the time limit prescribed under Section 34 can be extended under inherent powers of the court.

31. Under Section 3 of the Limitation Act, 1963, the court is required to consider the question of limitation
(a) only when objection to limitation is raised by the defendant.
(b) only when the defendant does not con- test the claim.
(c) only when the defendant does not admit his liability.
(d) suo motu even when the defendant has not taken any objection of limitation.

32. Who developed the small pox vaccination?
(a) Eduard Jenner.
(b) Alexander Fleming.
(c) Albert Einstein.
(d) None of these.

33. The one rupee not bears the signature of
(a) Secretary, Ministry of Finance.
(b) Governor, Reserve Bank of India.
(c) Finance Minister.
(d) None of these.

34. ‘Sepoy Mutiny’ of 1857 started from
(a) Agra.
(b) Gwalior.
(c) Jhansi.
(d) Meerut.

35. Who said ‘education is the best contraceptive for population stablization?
(a) Dr Manmohan Singh.
(b) Sam Pitroda.
(c) Somnath Chatterjee.
(d) Pranab Mukheijee.

36. Playing time of the full version of National Anthem is
(a) approximately 90 seconds.
(b) approximately 60 seconds.
(c) approximately 52 seconds.
(d) approximately 42 seconds.

37. Which of the following mountains are the oldest?
(a) Nilgiris
(b) Aravali
(c) Himalaya
(d) Satpura range

38. The Indian ruler who defeated the English in the early stage of English rule in India was
(a) Ranjit Singh.
(b) Mahadavji Sindhia.
(c) HyderAli.
(d) Tipu Sultan.

39. What is the minimum age prescribed for membership to the Lok Sabha?
(a) 21 years.
(b) 25 years.
(c) 30 years.
(d) 35 years.

40. A person of which of the following blood groups is called a universal donor?
(a) O
(b) AB
(c) A
(d) B

41. The presumption under Section 90 of the Evidence Act can be drawn in respect of
(a) original documents only.
(b) certified copies only.
(c) uncertified copies only.
(d) all the above.

42. The ‘relationship’ in Section 50 of the Evidence Act means
(a) relationship by blood only.
(b) relationship by blood or marriage.
(c) relationship by blood or marriage or adoption.
(d) none of the above.

43. ‘Self-regarding’ statements
(a) can be self-serving statements.
(b) can be self-harming statements.
(c) can be self-serving or self-harming.
(d) none of the above.

44. Under Section 118 who amongst the following are competent witnesses
(a) child.
(b) accused.
(c) lunatic.
(d) all the above.

45. Under Section 145 of Evidence Act, a witness may be cross-examined as to previous statement in writing
(a) without proving the same and without showing the same to the witness.
(b) only after proving the same, may be without showing the same to the witness.
(c) without proving the same but only after showing the same to the witness.
(d) only after proving the same and showing the same to the witness.

46. Facts can be
(a) physical facts.
(b) psychological facts.
(c) physical as well as psychological facts.
(d) only physical facts and not psychological facts.

47. Latent ambiguity in a document means ambiguity
(a) not subject to clarification by oral evidence.
(b) apparent on the face of the document.
(c) of hidden character and for the clarification of which oral evidence may be given.
(d) not allowed to be proved by oral evidence.

48. In Section 8 of the Indian Evidence Act, which one of the following is made relevant?
(a) Occasion, intention and motive.
(b) Motive, preparation and conduct.
(c) Motive, conduct and intention.
(d) Intention, motive and preparation.

49. In case a child is bom within 280 days of dissolution of marriage and the mother remaining unmarried, the presumption of legitimacy of child under Section 112 of the Evidence Act arises
(a) if the father is alive on the day the child is bom.
(b) if the father is not alive on the day the child is bom.
(c) irrespective of whether the father is alive or dead on the day the child is bom.
(d) none of the above.

50. Husband and wife both are competent witness for an offence against each other
(a) in civil proceedings.
(b) in criminal proceedings.
(c) in both civil and criminal proceedings.
(d) neither in civil nor in criminal proceedings.

51. Estoppel can be
(a) by silence.
(b) by negligence.
(c) by election.
(d) all the above.

52. Due execution and authentication of a power of attorney shall be presumed under Section 85 of the Evidence Act when executed before and authenticated by
(a) a notary.
(b) a judge.
(c) a magistrate.
(d) all of the above.

53. Content of a document may be proved under Section 61 of the Evidence Act
(a) by primary evidence.
(b) by secondary evidence.
(c) either by primary or by secondary evidence.
(d) only by primary evidence and not by secondary evidence.

54. Confession of one accused is admissible against the co-accused
(a) if they are tried jointly for the same offences.
(b) if they are tried jointly for different offences.
(c) if they are tried for the same offences but not jointly.
(d) if they are tried for different offences and not jointly.

55. Burden of proof
(a) partially determines the right to begin.
(b) substantially determines the right to begin.
(c) wholly determines the right to begin.
(d) none of the above.

56. Admissions
(a) must be examined as a whole and not in parts.
(b) can be examined in parts.
(c) can be examined as a whole or in parts.
(d) none of the above.

57. A person is proving his defence under one of the following exceptions. State which of the following exceptions is correct
(a) by oral evidence.
(b) beyond all reasonable doubt.
(c) no evidence is applicable.
(d) when he is pleading preponderance of probabilities.

58. A fact forming part of the same transaction is relevant under Section 6 of the Evidence Act
(a) if it is in issue and have occurred at the same time and place.
(b) if it is in issue and may have occurred at different times and places.
(c) though not in issue and may have occurred at the same time and place or at different times and places.
(d) though not in issue, must have occurred at the same time and place.

59. For abetment
(a) it is necessary that the person abetted should be capable of committing an offence under the law.
(b) it is necessary that the person abetted should have the same guilty intention.
(c) it is not necessary that the person abetted should be capable of committing an offence under the law or should have the same guilty intention.
(d) none of the above.

60. T strikes B. ‘B’ is by this provocation excited to violent rage. ‘A’, a bystander, intending to take advantage of B’s rage, and to cause him to kill T, puts a knife into B’s hand for that purpose. ‘B’ kills T with the knife. For which offence ‘A is liable’?
(a) Culpable homicide.
(b) Murder.
(c) Attempt to murder.
(d) No offence.

61. ‘A’ pulled an earring away from a woman’s ear and thereby tore and wounded her ear. ‘A’ is guilty of
(a) extortion.
(b) mischief.
(c) misappropriation.
(d) robbery.

62. In a case of free fight between two parties
(a) right of private defence is available to both the parties.
(b) right to private defence is available to individual against individual.
(c) no right of private defence is available to either party.
(d) right to private defence is available only to one party.

63. Congnizance of offence of defamation under Chapter XXI of I.P.C. can be taken
(a) on a police report.
(b) on a complaint made by an aggrieved person.
(c) suo moto.
(d) all of the above.

64. Give incorrect response with respect to the difference between Section 34 and 149,
(a) Section 34 does create specific offence while Section 149 does not.
(b) active participation is needed in Section 34 while not necessary in Section 149.
(c) both (a) and (b).
(d) none of these.

65. The defence of ‘consent’ applies to
(a) private wrongs.
(b) public wrongs.
(c) both (a) and (b).
(d) neither (a) nor (b).

66. Which of the following is sufficient to prove the offence of sedition?
(a) Comments expressing disapproval of the government policies with a view to obtain a change in policies by lawful means.
(b) Proof of disloyalty or ill feelings.
(c) Comments expressing disapproval of the administrative action even though these do not excite hatred or disloyalty.
(d) Exciting disaffection towards the government.

67. Which of the following statements is correct?
(a) In conspiracy, there is no distinction between principal and accessary.
(b) In conspiracy, principal and accessary are distinct.
(c) There has to be a distinction between the principal and accessory in all offences.
(d) None of the above is correct.

68. Is ‘irresistible impulse’ a defence?
(a) In India.
(b) In England.
(c) Both in India and England.
(d) Neither in India nor in England.

69. ‘A’ commits house trespass by making a hole through the wall of Z’s house and putting his hand through the aperture. For which offence A is liable?
(a) Lurking trespass.
(b) Trespass.
(c) House-breaking.
(d) None of the above.

70. Section 83 of the I.P.C. enunciates
(a) a presumption of fact.
(b) an inconclusive or rebuttable presumption of law.
(c) conclusive or irrebuttable presumption of law.
(d) irrebuttable presumption of fact.

71. Abetment by aid requires
(a) active aiding.
(b) passive aiding.
(c) intentional aiding.
(d) none of these.

72. Under Section 80 of the I.P.C., the exception of accident is available when an offence is
committed while
(a) doing a lawful act in a lawful manner by lawful means.
(b) doing a lawful act in an> manner by any means.
(c) doing a lawful act in a lawful manner by any means.
(d) both (b) and (c).

73. In one of the famous cases, the Supreme Court has made the following observation: ‘The right of private defence is a right of defence and it is not a right of retribution’.
(a) State of UP vs Ram Swarup.
(b) State of Punjab vs Nanak Chand.
(c) Deo Narain vs State of UP.
(d) State of HP vs Wazir Chand.

74. A, a snake-charmer, persuaded B to allow himself to be bitten by a poisonous snake, inducing B to believe that he had power to protect B from harm. B consented, and as a result died.
(a) A is not liable, as B consented to suffer the harm.
(b) A is liable, although B consented, such consent was founded on a misconception of fact, i.e., in the belief that A had the power to cure snake-bites.
(c) A is liable for murder and not culpable homicide.
(d) None of the above is correct.

75. Sentence of imprisonment for non-payment of fine under Section 64 of the l.P.C.
(a) shall be in excess of any other imprisonment to which an offender has been sentenced.
(b) shall be concurrent of any other imprisonment.
(c) shall not be in excess of any other imprisonment.
(d) both (b) and (c).

76. A is a warehouse-keeper. Z, going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods. For which offence A is liable?
(a) Cheating.
(b) Criminal misappropriation of property.
(c) Criminal breach of trust.
(d) None of the above.

77. To establish Section 34 of the l.P.C.
(a) a common intention is to be proved but not overt act be proved.
(b) common intention and overt act both have to be proved.
(c) common intention need not be proved but overt act be proved.
(d) all the above.

78. When a criminal act is done by several per- sons 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) none of the above.

79. Which of the following fundamental rights cannot be suspended during emergency?
(a) Freedom under Article 19.
(b) Right to Constitutional remedies under Article 32 and 226.
(c) Rights under Article 22.
(d) Right under Article 20 and 21.

80. The power of judicial review means
(a) the power of the courts to define and interpret the Constitution.
(b) the power of the courts to declare null and void any legislative or executive act, which is against the provision of the Constitution.
(c) the power of the judiciary to define and interpret laws.
(d) the power of the courts to legislate when there is no statutory provision.

81. The right to ‘equality before the law’ contained in Article 14 of the Constitution of India is available to
(a) natural persons only.
(b) legal persons only.
(c) citizens of India.
(d) all persons whether natural or legal.

82. On receipt of a Constitution Amendment Bill, after passing by each house of Parliament, the president
(a) shall give his assent.
(b) may give his assent.
(c) may withhold his assent.
(d) may return the bill for reconsideration.

83. Double jeopardy means
(a) trying two persons jointly for the same offence.
(b) trying the same person for two offences at two different times.
(c) putting the same person on trial twice for the same offence.
(d) trying a person for different offences committed by him in one incident.

84. Which one of the following statement is correct in respect of state power of reservation in admissions to educational institutions?
(a) Caste can be the sole criteria.
(b) Poverty can be the sole criteria.
(c) Both caste and poverty are relevant criteria.
(d) Residence in rural areas and lack of educational facilities can be the exclusive criteria.

85. The Supreme Court does not have original jurisdiction regarding dispute between
(a) the Government of India and a state or states.
(b) the Government of India and one state on one side and one or more states on the other side.
(c) two states.
(d) a citizen and a state.

86. Which one of the following proposition is correct description of the powers of the President of India under Article 356 of the Constitution?
(a) If the chief minister inspite of commanding the confidence of the legislative assembly, cannot run his government in accordance with the Constitution, the president can pro- claim emergency.
(b) If the state legislative assembly fails to transact any business consecutively in two sessions.
(c) The president can refer the matter to the Supreme Court for advice and act in accordance with such advice.
(d) The president cannot make a proclamation of emergency if the governor refuses to make a report.

87. The text of the Preamble of the Constitution of India aims to secure
(a) fundamental rights to all individuals.
(b) fundamental duties to citizens of India.
(c) dignity of the individual and unity and integrity of the nation.
(d) security of service to the government servant.

88. Law declared by the Supreme Court shall be binding on all the courts within the territory of India. Here ‘courts’ means
(a) all courts including the Supreme Court of India.
(b) all courts except the Supreme Court of India.
(c) all courts including the Supreme Court except such benches of the Supreme Court which consists of seven judges or more.
(d) all courts including the Supreme Court except a bench of the Supreme Court which consists of all the judges of the Supreme Court.

89. Respect for the National Flag and the National Anthem is
(a) a fundamental right of every citizen.
(b) a fundamental duty of every citizen.
(c) a directive principle of state policy.
(d) an ordinary duty of every citizens.

90. Under the Indian Constitution, which one of the following is not a specific ground on
which the state can place restriction on freedom of religion?
(a) Public order.
(b) Morality.
(c) Social Justice.
(d) Health.

91. Under Section 11 of the Specific Relief Act, 1930, a contract made by a trustee in excess of his powers or in the breach of a trust is
(a) specifically enforceable at the instance of the trustee.
(b) specifically enforceable at the instance of the second party.
(c) specifically enforceable either at the instance of the trustee or at the instance of a second party.
(d) not specifically enforceable.

92. In which of the following cases, the specific performance of a contract will not be ordered
(a) where pecuniary compensation would afford adequate relief.
(b) where the acts would require continued supervision by the court.
(c) where the contract provides for personal affirmative acts or personal service.
(d) all the above.

93. Rise in value since agreement is
(a) a ground to refuse specific performance in case of agreement to sell an immovable property.
(b) a ground to refuse specific performance in case of an agreement to sell a movable property.
(c) a ground to refuse specific performance in case of an agreement to sell both immovable and movable property.
(d) not a ground to refuse specific performance in case of an agreement to sell either immovable or movable property.

94. In case of specific performance of part of contract, the purchaser
(a) may relinquish claim to further performance of the remaining part of contract and has right to compensation.
(b) may not relinquish claim to further performance of the remaining part of contract and has no right to compensation.
(c) specific performance of part of contract not possible.
(d) none of the above.

95. Section 8 of the Specific Relief Act can be invoked
(a) against a person who has possession or control over the article.
(b) against a person who is the owner of the article claimed.
(c) by a person not entitled to the possession of the article.
(d) in respect of an ordinary article.

96. A suit for recovery of possession of an immovable property under Section 6 of the Specific Relief Act can be filed against
(a) a private individual only.
(b) a government.
(c) both a private individual and a government.
(d) neither (a) nor (b).

97. In a sale of goods by auction, as soon as the hammer falls, the goods
(a) become the property of the buyer only on payment of price.
(b) become the property of the buyer even if there is a condition that the goods shall not be removed before payment.
(c) become the property of the buyer only if there is no condition that the goods shall not removed before payment.
(d) do not become the property of the buyer, however, the bidder is vested with the right to deal with them as owner.

98. Under Section 51 of the Sale of Goods Act, 1930, the goods are in transit so long as they are in
(a) possession of the carrier or buyer.
(b) possession of the carrier or his agent.
(c) possession of the carrier appointed by the buyer or the buyer.
(d) none of the above.

99. If a contract for sale of goods is for sale of two or more things under an entire contract, the perishing of some of them would
(a) avoid the whole contract.
(b) not avoid the contract at all.
(c) avoid the contract relating to the goods perished and not the whole contract.
(d) either (b) or (c).

100. A ‘sale of goods’ under the Sale of Goods Act, 1930, creates
(a) a jus in rem.
(b) a jus in personam.
(c) both (a) and (b).
(d) either (a) or (b) depending on the facts and circumstances of the case.

101. ‘Mercantile agent’ means the person
(a) who sells goods, or consigns for the purpose of sale, or buy goods or raises money on security of goods.
(b) who only sells or purchases.
(c) who only consigns goods.
(d) who only transfers goods.

102. Which of the following are ‘goods’ within the meaning of Section 2(7) of the Sale of Goods Act, 1930?
(a) Things attached to land which are agreed to be severed before sale.
(b) Things forming part of the land agreed to be severed before sale.
(c) Both (a) and (b).
(d) Neither (a) nor (b).

103. B, the proprietor of a newspaper, publishes, at A’s request, a libel upon C in the paper, and A agrees to indemnity B against the consequences of the publication, and all costs and damages of any action in respect thereof. B is sued by C and has to pay damages and also incurs expenses. Decide in the light of Section 224 of the Indian Contract Act, 1872.
(a) A is not liable to B upon the indemnity.
(b) A is liable to B upon the indemnity.
(c) A is not liable to C upon the indemnity.
(d) None of the above.

104. The pawnee has a right to retain the goods pledged
(a) for payment of debt interest and all necessary expenses in respect of goods pledged.
(b) for payment of debt other than the debt in respect of goods pledged.
(c) for payment of interest and necessary expenses in respect of good other than the one pledged.
(d) all the above.

105. Revocation of offer by letter or telegram can be complete
(a) when it is despatched.
(b) when it is received by the offeree.
(c) when it reaches the offeree.
(d) both (a) and (c).

106. A contract signed between two countries without specifying as to which country’s law shall govern in case of a dispute
(a) by the law of the country where the proposal was made.
(b) by the law of the country where the contract was concluded.
(c) by the law of the country which the parties intended to apply, i.e., where the contract is localized.
(d) by the law where the contract is performed.

107. Novation of a contract means
(a) renewal of original contract.
(b) substitution of a new contract in place of the original contract.
(c) cancellation of contract.
(d) alteration of the contract.

108. A contract not specifying the place of performance
(a) can be performed at any place to the knowledge of the promisee.
(b) the promisor has to apply to the promisee for appointment of a place of per- formance and perform the promise at that place.
(c) the promisor need not seek any instructions from the promisee as to the place of performance.
(d) the promisor can perform the promise at a place other than the place appointed by the promisee.

109. Which one of the following does not amount to ‘fraud’ under the Indian Contract Act?.
(a) Suggestion as a fact which is not true, by one who does not believe it to be true.
(b) Active concealment of a fact.
(c) Representation made without knowing it to be false, honestly believing it to be true.
(d) A promise made without any intention of performing it.

110. Under Section 28 of the Indian Contract Act, 1872, an agreement not to pursue any legal remedy to enforce the rights is
(a) valid.
(b) voidable.
(c) void.
(d) unenforceable.

111. A magistrate can authorize the detention of an accused in police custody for a period of 15 days. When does this period begin to run?
(a) From the time of arrest by the police.
(b) After first remand.
(c) On expiry of 24 hours of his arrest.
(d) After production of the accused before the magistrate.

112. While living with her father at Indore, a minor became intimate with the accused and ran away with him to Bhopal. After some time they eventually settled in Mumbai. An offence of kidnapping may be tried at
(a) Indore.
(b) Bhopal.
(c) Mumbai.
(d) Any place mentioned above.

113. A magistrate may take cognizance of an offence
(a) on police report.
(b) on private complaint.
(c) suo-motu.
(d) all of the above.

114. In which of the cases, a plea of bargain cannot be effected
(a) where the offence is punishable with imprisonment exceeding seven years.
(b) where the offence is against a child below 14 years.
(c) where the offence is against a woman.
(d) all of the above.

115. The court may alter the charge
(a) before the evidence of the prosecution is taken.
(b) before the accused enters upon his defence.
(c) when the evidence of prosecution and defence both is taken.
(d) before the judgment is pronounced.

116. An offence is committed by a British citizen on an aircraft registered in India. The offender may be dealt with under which provision of the Cr.RC. 1973?
(a) Section 188.
(b) Section 183.
(c) Section 182.
(d) Section 186.

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

118. Compounding of offence under the provisions of Cr.RC. results in
(a) acquittal of accused.
(b) acquittal only if the charges have been framed.
(c) discharge of accused.
(d) discharge only if the charges have been framed.

119. If a magistrate administers oath before recording the confession of an accused, the confessional statement is
(a) good in law and admissible in evidence.
(b) bad in law and inadmissible in evidence.
(c) good in law but admissible only on corroboration.
(d) bad in law but becomes admissible on corroboration.

120. Whether a criminal court can impound any document produced before it?
(a) Yes.
(b) Only the civil court can impound.
(c) No.
(d) Only with the consent of a police officer.

121. Whether the court can issue search warrant where it has no knowledge about the document or thing to be in the possession of any person?
(a) No.
(b) Only when it comes to know about the specific article.
(c) Yes.
(d) When specific place or person is specified.

122. Procedure for ‘summary trial’ is provided in which Sections of the Cr.P.C.?
(a) Sections 251 -260.
(b) Sections 238-250.
(c) Sections 260-165.
(d) Sections 155-265.

123. Which of the following cannot claim maintenance under Section 125 of the Cr.P.C.?
(a) Wife who cannot maintain herself.
(b) Mother or father who cannot maintain herself or himself.
(c) Major married daughter who cannot maintain herself.
(d) Minor illegitimate daughter who cannot maintain herself.

124. Which of the following courts, can under Section 106 of the Cr.P.C. release a convict on security for keeping the peace and good behaviour?
(a) Sessions Court.
(b) Magistrate 1st Class.
(c) Appellate or Revisional Court.
(d) All the above.

125. Point out the incorrect response. The period of limitation for taking cognizance of an offence shall be
(a) six months, if offence is punishable with fine only.
(b) one year, if the offence is punish- able with imprisonment for a term not exceeding one year.
(c) three years, if the offence is punish- able with imprisonment for a term exceeding one year but not exceeding three years.
(d) five years, if the offence is punishable with death sentence.

l. (c)
2. (a)
3. (d)
4. (d)
5. (a)
6. (a)
7. (c)
8. (a)
9. (b)
10. (b)
11. (b)
12. (c)
13. (d)
14. (c)
15. (c)
16. (a)
17. (b)
18. (c)
19. (b)
20. (d)
21. (a)
22. (c)
23. (c)
24. (b)
25. (c)
26. (d)
27. (d)
28. (a)
29. (c)
30. (b)
31. (d)
32. (a)
33. (a)
34. (d)
35. (c)
36. (c)
37. (b)
38. (c)
39. (b)
40. (a)
41. (a)
42. (c)
43. (c)
44. (d)
45. (a)
46. (c)
47. (c)
48. (b)
49. (c)
50. (c)
51. (d)
52. (d)
53. (c)
54. (a)
55. (a)
56. (a)
57. (d)
58. (c)
59. (c)
60. (b)
61. (d)
62. (c)
63. (b)
64. (a)
65. (a)
66. (d)
67. (a)
68. (d)
69. (c)
70. (b)
71. (c)
72. (a)
73. (a)
74. (b)
75. (a)
76. (c)
77. (a)
78. (a)
79. (d)
80. (b)
81. (d)
82. (a)
83. (c)
84. (c)
85. (d)
86. (a)
87. (c)
88. (b)
89. (b)
90. (c)
91. (d)
92. (d)
93. (d)
94. (a)
95. (a)
96. (a)
97. (b)
98. (b)
99. (a)
100. (a)
101. (a)
102. (c)
103. (a)
104. (a)
105. (a)
106. (c)
107. (b)
108. (b)
109. (c)
110. (c)
111. (c)
112. (d)
113.(d)
114.(d)
115. (d)
116. (a).
117. (c)
118. (a)
119. (a)
120. (a)
121. (c)
122. (c)
123. (c)
124. (d)
125. (d)