Judicial Services Mock Test - Law Comprehensive

An actionable claim is a claim to any debt or to any beneficial interest in movable property. It is enforceable by the court of law.

Under section 38 of Sale of Goods Act, 1930, unpaid seller means:
(a) when the whole of the price has not been paid or tendered;
(b) when a bill of exchange or other negotiable instrument has been received as conditional payment and the condition on which it was received has not been fulfilled by reason of the dishonour of the instrument or otherwise. 

Document of title to goods confers a right of the possessor to transfer the goods to another and ownership to deal only after judicial intervention.

In the above case, a breach of condition of contract results into claim for damages for injury.

Caveat is a legal notice by lawyers to a court or public officers to suspend a proceeding until the notifier is given a hearing.

Section 54 of Transfer of Property Act deals with the sale of immovable property.

Option (1) is correct: A condition is a stipulation essential to the main purpose of the contract, the breach of which gives rise to a right to treat the contract as repudiated. A warranty is a stipulation collateral to the main purpose of the contract, the breach of which gives rise to a claim for damages but not to a right to reject the goods and treat the contract as repudiated. So breach of condition may be treated as breach of warranty, but breach of warranty cannot be treated as breach of condition.

When a witness repairs another persons statement, the evidence is called hearsay. 

(1) Section 13 of Indian Evidence Act applies to both public and private rights.

(4) This section was introduced by the Criminal Law (Second Amendment) Act 46 of 1983.

(2) In the case of State of Bombay Vs. Kathi Kalu, AIR 1961, SC 1908, the Supreme Court judged the validity of section 73 of Indian Evidence Act.

(4) Section 23 deals with civil cases; “Admission in civil cases relevant".

(4) Indian Evidence Act applies to an inquiry to determine a jural relation between persons.

(1) After section 22, the following section shall be inserted, namely “When oral admission as to contents of electronic records are relevant under section 22A".

(4) Admission cannot be proved against the representative in interest of the maker.

(3) The United Nations Commission on International Trade Law (UNCITRAL) and Rules was used by the Indian Arbitration and Conciliation Act, 1996.

The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes. Doctrine of proportionality is a concept relating to Administrative Law. 

Alternative Disputes Redressal (ADR) is a concept in Civil Procedure Code. Only in civil cases, ADR can be an effective machanism.

(4) Under Arbitration and Conciliation Act, 1996, “court” means the principal Civil Court of original jurisdiction in a district.

(4) An arbitral award must be in writing and made on a stamp paper of prescribed value.

Section 112 of Indian Evidence Act applies to only valid marriages, not to irregular or void marriages.

Under section 113 of Code of Civil Procedure, any court may state a case and refer the same for the opinion of the High Court, where the court, before which a case is pending, is satisfied that a case pending before it involves a question as to validity of any act.

All of the above are valid points from which the court may frame issues.
All are valid points from which the court may frame issues.

The maximum amount that can be awarded by the court is Rs. 3000.

The party applying for summons for calling the witness shall bear the expenses to be paid in the court and to the witness for procuring his attendance.

If a witness present in the court has not examined, the court cannot adjourn the hearing and will hear both the parties and their witnesses.

The provisions of ‘Plea-Bargaining’ under Chapter XXI A of CrPC are not applicable in cases where the offence is committed against a woman or a child below the age of 14 years.

U/s 366 of Code of Criminal Procedure, 1973, when the Sessions court passes a sentence of death, the proceedings shall be submitted to the High court and the sentence shall not be executed unless it is confirmed by the High Court.

Inherent powers under section 482 of CrPC can be exercised by the Supreme Court only.

An Executive Magistrate is empowered to secure a Security Bond from habitual offenders under section 110 of CrPC for a period not exceeding one year.

Chapter XIII: Preventive Action of the Police

Court of the Chief Judicial Magistrate has the power to grant maintenance to wife, children and parents under CrPC.

Both the District Magistrate and the Chief Judicial Magistrate are authorised under CrPC to grant a warrant to search for a document, parcel or other thing in the custody of a postal or telegraph authority.

As provided under section 155(2) of CrPC, 1973, permission to investigate a non-cognizable case is granted by a Magistrate having power to try such case or commit the case for trial.

U/s 2(x) of CrPC, 1973, a warrant case has been defined as a case relating to an offence punishable with death imprisonment for life or imprisonment for a term exceeding two years.

U/s 2(c) of CrPC, 1973, in a cognizable case, the police officer may, in accordance with the first schedule or under any other law, investigate and arrest without warrant.

Section 164 of Criminal Procedure Code provides a special procedure for recording of confessions as well as statements made during the course of investigation.

When an investigation cannot be completed within 24 hours, the largest period for which an accused can be remanded to police custody is fifteen days.

Offences of Indian Penal Code other than mentioned in section 320 of Criminal Procedure Code are not compoundable.

Administration of an oath to the accused before recording a confession is violative to article 20(3) of the constitution and section 281 of CrPC, i.e. Record of Examination of accused.

Jurisdiction to grant bail under section 438 of Criminal Procedure Code vests with either the High Court or the Court of Sessions.

The accused is entitled to be released on bail by the Magistrate to whom he is forwarded whether he has or has not jurisdiction to try the case.

Under section 307 of IPC, whoever does an act with the intention that if death is caused by the act, he would be guilty of murder.

Wife living separately by mutual consent cannot claim maintenance from her husband.

The right of private defence is not available when both the persons have an intention to inflict harm to each other.

U/s 85 of Indian Penal Code, to escape criminal liability, the intoxication should be administered against his will or knowledge.

Homicide is the killing of a human being by another human being. It may be lawful or unlawful.

The killing of a new born child by its parents is called infanticide.

The right to private defence is a recognised defence in Law of Crimes. A person may even kill the assailant and escape criminal liability, if the assailant intends to kill, commit rape or kidnap.

Section 300 of Indian Penal Code defines murder.

The attempt to commit a crime is punishable.

Under the M'Naghten rule, a criminal defendant is not guilty by reason of insanity if at the time of the alleged criminal act, the defendant was so deranged that she did not know the nature or quality of her actions.

‘Actus non facit reum, nisi mens sit rea’ is a fundamental principle of criminal liability that means an act does not make a defendant guilty without a guilty mind. 

A person commits bigamy if he marries again, when he already has a wife living.

An assay is a qualitative or quantitative analysis of a metal or an ore to determine its components.

When a witness repeats another person's statement, the evidence is called hearsay evidence.

(4) Questions relating to a matter not relevant to the suit or proceedings cannot be asked under Indian Evidence Act, 1872.

(4) Indian Evidence Act, 1872 does not expressly mention about circumstantial evidence.

When a person is prosecuted for committing a criminal offence, the burden of proof is on prosecution.

(2) Statements, written or verbal, of relevant facts made by a person who is dead or who cannot be found or who has become incapable of giving evidence or whose attendance cannot be procured without an amount of delay or expense, in the ordinary course of business and in particular, when it consists of any entry or memorandum made by him in books kept in the ordinary course of business or in the discharge of professional duty are relevant and admissible.

(3) Kaushal Rao Vs. State of Bombay AIR-1958 SC 22 is related with dying declaration of the Law of Evidence.

(4) A final judgment of a Competent Court in exercise of probate, matrimonial, admiralty or insolvency jurisdiction which declares any person to be entitled to any legal character or to be entitled to any specific thing not as against any specified person but absolutely is relevant.

Right; these sections tells us about the place of suing. These tell us that where we should file the case properly.

Rule 17 of order VI of Code of Civil Procedure deals with amendment of plaint. The same rule applies to the amendment of written statement.
By way of amendment in plaint, a time barred plea cannot be allowed to be raised in the case of written statement. 

The substitution allowed in miscellaneous appeal would ensure in the suit also and application for substitution is not required as the heirs are on the record.

Right. According to section 9 of Civil Procedure Code, 1908, it is not the matter of civil jurisdiction.

Right section 9 of the CPC, 1908 says about the civil suits and also tells us that where and how we can file our civil suit.

Right because it is a case of civil nature. So, civil court will entertain this case.

It is right. Appellate jurisdiction means power to hear appeals.

(2) Any Court may state a case and refer the same for the opinion of the High Court and the High Court may make such order thereon as it thinks fit.

A decree holder may not file an application for execution under Civil Procedure Code, 1908.

The Pradhan can be removed by the majority of two-third of the members of the Gaon Sabha present and voting.

(2) In an appeal under section 100 of Civil Procedure Code, 1908, the memorandum of appeal shall precisely state the substantial question of law involved in the appeal.

Option (3) is correct: A judge of the Supreme Court can be removed under the constitution only on the grounds of proven misconduct or incapacity and by an order of the President of India, only after a notice signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha, is passed by a two-third majority in each House of the Parliament.

While interpreting the constitution, the courts are expected to interpret the provisions of Directive Principles and Fundamental Rights as harmoniously as possible.

By the Constitution's (Twenty-fourth Amendment) Act, 1971, the power to amend the constitution was specifically conferred upon the Parliament.

Most of the provisions of the Indian Constitution can be amended by a majority of two-thirds of the total membership of each of the two Houses of the Parliament.

The constitution gives the power of superintendence over all subordinate courts to the High Court under article 227 of the constitution.

Habeas corpus is a legal action or writ by means of which detainees can seek relief from unlawful imprisonment. Habeas corpus writ is a bulwark of personal freedom

Article 123 of the Indian Constitution grants the President certain law-making powers to promulgate ordinances when either of the two Houses of Parliament is not in session and hence, it is not possible to enact laws in the Parliament.

The Preamble delineates the basic structure of the Constitution of India. It does not contain laws enforceable in the court, but no law can be enacted or amended in a manner that violates the spirit of the Preamble.

Section 8 of the Hindu Adoption and Maintenance Act, 1956 states capacity of a female Hindu to take in adoption.

A divorce petition may be filed by husband or wife if the other party has not been heard of as being alive from a period of seven years. 

Section 8 of the Hindu Adoption and Maintenance Act, 1956 states capacity of a female Hindu to take in adoption.
Any female Hindu
(a) who is of sound mind,
(b) who is not a minor, and
(c) who is not married, or if married, whose marriage has been dissolved or whose husband is dead or has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind, has the capacity to take a son or daughter in adoption. 

As provided under section 7 of the Hindu Marriage Act, 1955, Hindu marriage may be solemnised in accordance with the customary rites and ceremonies of either party thereto, where such rites and ceremonies include the saptapadi, the marriage becomes complete when seventh step is taken.

Right of retention in lieu of unpaid dower is an exclusive right of a widow and this right is available to her only because her dower remains unpaid, i.e. the right to retain the property is her personal right as it is given to her because of her special personality that she is the widow of a deceased husband who could not pay her dower during his life.

Lex loci is the law of the country in which a transaction is performed, a tort is committed or a property is situated.
Law of limitation is lex fori, which means the law of the place where the dispute is being adjudicated by a court.

Time requisite under section 12(2) of Limitation Act means actual time taken.

Section 32 of Partnership Act provides provisions for retirement of a partner.

Section 14 of Limitation Act will have no application where the suit is dismissed after adjudication on its merits and where the suit is dismissed because the court was unable to entertain it.

Effect of acknowledgement in writing — Section 18
Effect of acknowledgement or payment by another person — Section 20
Effect of substituting or adding new plaintiff or defendant — Section 21
Continuing breaches and torts — Section 22
 

As provided under section 32 of the Partnership Act, a partner may retire with the consent of all the other partners; in accordance with an express agreement by the partners; where the partnership is at will, by giving notice in writing to all the partners of his intention to retire. 

Under section 34 of Partnership Act, where a partner in a firm is adjudicated, he ceases to be a partner on the date on which the order of adjudication is made, whether or not the firm is thereby dissolved.

Modes of dissolution of a firm are as follows:
a) Compulsory dissolution under section 41
b) Dissolution by notice of partnership at will under section 43
c) Dissolution on the happening of certain contingencies under section 42
  

Section 42 of the Partnership Act states dissolution on the happening of certain contingencies. Subject to contract between the partners, a firm is dissolved
a) if constituted for a fixed term, by the expiry of that term,
b) if constituted to carry out one or more adventures or undertakings by the completion thereof,
c) by the death of a partner, and
d) by the adjudication of a partner as an insolvent.

All of the above are under the right of bailee according to Contract Act, 1872.

(2) Scetion 19 of Specific Relief Act deals with the provisions for relief against parties and persons claiming under them by subsequent title.

(4) When a written instrument is void or voidable against any person and the plaintiff has reasonable apprehension that such instrument, if left outstanding, may cause him serious injury may sue to have it adjudged void or voidable. The court may, in its discretion, so adjudge it and order it to be delivered up and cancelled.

(4) Section 76 provides the statutory duties of a mortgagee in possession.

(1) If any person is dispossessed without his consent of immovable property otherwise than in due course of law, he or any person claiming through him may, by suit, recover possession thereof, notwithstanding any other title that may be set up in such suit.

Property owned by a Hindu female is divisible into absolute and limited owner.

(1) The provisions relating to “Onerous gift” have been provided in Transfer of Property Act, 1882 under section 127.

(3) Section 5 of Specific Relief Act provides that a person entitled to the possession of specific immovable property may recover it in the manner provided by Code of Civil Procedure, 1908.

(2) Transfer of Property (Amendment) Act, 2003 has amended section 106 of Transfer of Property Act, 1882.

Because all the above mentioned statements are correct according to Contract Act,1872.

Contract made under fraud is voidable at the option of that party whose consent is taken under fraud.

The 42^nd Amendment to the Indian constitution is notable because it gives primacy to Directive Principles over Fundamental Rights.

All instruments shall, for the purpose of this Act, be deemed to be made with reference to the Gregorian calendar as provided under Section 24 of the Limitation Act.

Guardian includes natural guardian, testamentary guardian, guardian appointed by will and de facto guardian appointed by court.

John Selden said that 'Ignorance of the law excuses no man; not that all men know the law, but because it is an excuse every man will plead and no man can tell how to refute him'.

The term lex loci is a Latin word, which means 'the law of the place' and it is a shorthand version of the choice of law rules that determine the lex causae, i.e. the law chosen to decide a case.

In law, the term 'sub judice' is a Latin term, which means under judgment. In other words, it means a particular case or matter is under trial or being considered by a judge or court.

Satyameva Jayate (meaning 'Truth alone triumphs') is a mantra from the ancient Indian scripture Mundaka Upanishad.

Delhi has a separate High Court of its own since 1966.

The reliefs claimed or provided under Specific Relief Act, 1963 are totally based upon the descretion of the court.

Sale of Goods Act, 1930 contains provisions regarding movable property only. Tranfer of Property Act deals with the provisions related to immovable property.

Under section 146, a provison was added by Indian Evidence (Amendment) Act, 2002.
'Provided that in a prosecution for rape or attempt to commit rape, it shall not be permissible to put questions in the cross-examination of the prosecutrix as to her general immoral character'.

National Judicial Academy, which provides training to judicial officers, is situated at Bhopal.

Lord Macaulay drafted Indian Penal Code.

Offer, acceptance and consideration are the three essential elements in a valid contract. Damage is not an essential element. 

A and B jointly owe C, Rs. 1,000. A pays C the amount due B, not knowing B has paid, also pays C Re 1. C is obliged to return the money under quasi contract. Quasi contract is an obligation of one party to another imposed by law independently of an agreement between the parties.

Indian Penal Code defines whoever has sexual intercourse with a person, who is the wife of another man, without the consent or connivance of that man, such sexual intercourse, not amounting to the offence of rape, is guilty of the offence of adultery. 

If a person innocently abducts a girl aged 16 in the belief that she was above 18, then he is criminally liable for kidnapping under Indian Penal Code.

The flag code of India has been divided into three parts:
First part: General description of the National Flag.
Second part: Display of the National Flag by members of public, private organisations and educational institutions, etc.
Third part: Display of National Flag by Central or State Governments and their organisations and agencies