RJS Pre 2019 Question Paper

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RJS Pre 2019 Question Paper     

[Exam held on 31 March 2019]

1.     A suit alleging 'public nuisance' can be instituted by;

(A)       Advocate General of the State.

(B)       By two or more persons, who have suffered the damage.

(C)       By two or more persons, with the leave of the Court, even though no special damage has been caused to them.

(D)       A member of the local body.

Which of the following combination is correct?

(1)        (A) & (B).

(2)        (A) & (C).

(3)        (B) & (D).

(4)        (C) & (D).

 

2.   A Judge of a High Court may by writing under his hand, resign his office. To whom such resignation should be addressed?

(1)        Chief Justice of the High Court.

(2)        Chief Justice of India.

(3)        Governor of the State.

(4)        President of India.

 

3.   Where a plaintiff omits to sue in respect of, or intentionally relinquishes any portion of his claim, he shall not afterwards sue in respect of the portion so omitted or relinquished". The genesis of this principle lies in

(1)        Section 115 of the Indian Evidence Act, 1872

(2)        Section 11 of the Code of Civil Procedure, 1908

(3)        Order II Rule 2 of the Code of Civil Procedure, 1908

(4)        Order I Rule 2 of the Code of Civil Procedure, 1908

 

4.   Which provision of the Constitution confers upon a High Court the power to punish for contempt of itself?

(1)        Article 215

(2)        Article 217

(3)        Article 225

(4)        Article 226

 

5.   The Indian Evidence Act, 1872 applies to;

(1)        Proceedings before an arbitrator.

(2)        Departmental proceedings.

(3)        Judicial proceedings before courts.

(4)        None of the above.

 

6.   The words "SOCIALIST SECULAR" were inserted in the Preamble of the Constitution by which constitutional amendment?

(1)        Forty First amendment.

(2)        Forty Second amendment.

(3)        Forty Fourth amendment.

(4)        Forty Sixth amendment.

 

7.   What is the remedy available to an aggrieved party against a final order passed by the Rent Tribunal constituted under the Rajasthan Rent Control Act, 2001?

(1)        Writ petition under Article 226/227 of the Constitution of India.

(2)        Appeal to High Court under Section 96 of the Code of Civil Procedure.

(3)        Appeal under Section 19(6) of the Rajasthan Rent Control Act, 2001.

(4)        No remedy, order is final.

 

8.   For the purpose of Limitation Act, 1963, a suit in the case of a pauper, is instituted,

(1)        When the plaint is presented to the proper office

(2)        When application for leave to sue as a pauper is made

(3)        When the application seeking leave to sue as a pauper is granted.

(4)        None of the above.

 

9.   The rule of construction 'Nocsitur a sociis' means;

(1)        The meaning of a word is to be judged by the company it keeps.

(2)        To reconcile incompatibility between the specific and general words.

(3)        No word in a statute is superfluous;

(4)        None of the above.

 

10.   A mutual mistake of the parties in an instrument, which does not express their real intention, can be got rectified by either party to the instrument;

(1)        By instituting a suit under Registration Act, 1908.

(2)        By filing an application under Section 152 of the Code of Civil Procedure, 1908.

(3)        By instituting a suit under Section 26 of the Specific Relief Act, 1963.

(4)        Cannot be rectified.

 

11.   The principle of 'force majeure' emanates from which provision of the Indian Contract Act, 1872?

(1)        Section 52

(2)        Section 54

(3)        Section 56                   '

(4)        Section 58

 

12.   Under the provisions of Rajasthan Rent Control Act, 2001, a landlord has a right to inspect the premises let out by him. Which of the following statement with reference to the inspection is incorrect?

(1)        The inspection can be done during day time only.

(2)        A prior intimation of at least three days to the tenant is necessary.

(3)        Such inspection can be carried out not more than once in three months.

(4)        None of the above.

 

13.   In case of repugnancy between the law made by the Parliament and the law made by the State Legislature, with respect to any matter enumerated in concurrent list;

(1)        by virtue of Article 246 of Constitution of India, law made by the Parliament shall prevail.

(2)        by virtue of Article 246 of Constitution of India, law made by State Legislature shall prevail.

(3)        by virtue of Article 254 of Constitution of India, law made by Parliament shall 's-' prevail.

(4)        by virtue of Article 254 of Constitution of India, law made by State Legislature shall prevail.

 

14.   Which of the Acts & Regulations cannot be declared unconstitutional by High Courts and Supreme Court?

(1)        Acts & Regulations concerning persons from Scheduled Castes & Scheduled Tribes.

(2)        Acts & Regulations concerning Parliament & its members.

(3)        Acts & Regulations enlisted in Schedule VII of the Constitution.

(4)        Acts & Regulations enlisted in Schedule IX of the Constitution.

 

15.   The period of limitation for filing a suit relating to tort against one who, having right to use property for specific purpose, perverts it to other purpose is;

(1) One year from the date the perversion first becomes known to the person

(2) Two years from the date the perversion first becomes known to the person injured.

(3) Three Years from the date the perversion first becomes known to the person injured.

(4) Four years from the date the perversion first becomes known to the person injured.

 

16.   Decree for payment of money passed against a woman cannot be executed;

(1)        by proceeding against her legal representatives, if she dies.

(2)        by attachment and sale of her property.

(3)        by appointing a receiver.

(4)        by her arrest and detention in prison.

 

17.   Which of the provision of the Code of Civil Procedure, 1908 provides that the objection regarding territorial or pecuniary jurisdiction has to be raised at the first available opportunity?

(1)        Section 10

(2)        Section 11

(3)        Section 20

(4)        Section 21

 

18.   Complete the statement - A Court cannot issue commission;

(1)        to examine any person.

(2)        to make a partition.

(3)        to collect evidence,

(4)        to examine or adjust accounts.

 

19.   Which provision of the Constitution of India abolished ’Untouchability’ and forbids its practise in any form?

(1)        Article 14

(2)        Article 15

(3)        Article 16

(4)        Article 17

 

20.   Which of the following contracts can be enforced?

(1)        A contract for the non-performance of which compensation is an adequate relief.

(2)        A contract which is in its nature determinable.

(3)        A contract the performance whereof involves the performance of a continuous duty.

(4)        Purchase of a share of a partner in a firm

 

Solution:

Q.       Ans.

1          2

2          4

3          3

4          1

5          3

6          2

7          3

8          2

9          1

10        3

11        3

12        2

13        3

14        4

15        2

16        4

17        4

18        3

19        4

20        4

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