Assam Judicial Service (Gr - I) Preliminary Exam 2012

Artifice means deceit or pretence. The most nearly opposite will be "sincerity". Sincerity means absence of pretence or deceit.

Prodigal means a person spending money recklessely. The most nearly opposite will be "economical person".

The orator was so soporific that the audience became drowsy.

 A torrent is made up of droplets. An avalanche is sudden fall of rocks, snow or earth and is made up of pebbles.

Michael Phelps’ medals make him the most decorated Olympic athlete of all time. Phelps has won 22 medals: 18 gold, 2 silver, and 2 bronze.

The child was so spoiled by her indulgent parents that she pouted and became sullen when she did not receive all of their attention.

Sushil Kumar Solanki is an Indian freestyle wrestler. Competing in the 66 kg weight division, he won the 2010 world title, a silver medal at the 2012 London Olympics and a bronze medal at the 2008 Beijing Olympics, which made him the first Indian to win back to back individual Olympic medals.

Option 2 is correct.

A crossing on a road is named after zebra. It is known as zebra crossing.

Article 14 of the Indian Constitution states that the State shall not deny to any person equality before the law or equal protection of the laws within the territory of India. 

Philately is the study and collecting of stamps. Numismatics is the study and collecting of coins.

The Constitution was adopted by the Constituent Assembly on 26^th November, 1949 and came into effect on 26^th January, 1950.

A person can be a member of Council of Ministers without being a member of Parliament for a maximum period of six months.

Rights under Article 19 of the Constitution are available to the citizens of India only.

The President’s Rule under Article 356 of the Constitution remains valid in the State for a maximum period of six months.

These are the opening words of the Preamble to the Indian Constitution:
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC...

Newton is the derived unit of force.

A Money Bill can be introduced in the House of the People. A Money Bill shall not be introduced in the Council of States. After a Money Bill has been passed by the House of the People, it shall be transmitted to the Council of States for its recommendations.

To establish Section 34 of IPC, the common intention of the person involved in an act should be proved only.

Article 141 of the Indian Constitution states that the law declared by the Supreme Court shall be binding on all courts within the territory of India. 

Article 161 of the Indian Constitution provides for power of Governor to grant pardons, etc, and to suspend, remit or commute sentences in certain cases. 

The Fundamental Duties of citizens were added to the Constitution by the 42^nd Amendment in 1976, upon the recommendations of the Swaran Singh Committee.

Section 96 of the Indian Penal Code deals with the right of things done in private defence. 

Culpable homicide has been defined under section 299 of the Indian Penal Code.

For an assembly to be unlawful, it must have a common object of the kind specified in section 141 of the Indian Penal Code.

Section 351 of the Indian Penal Code states that whoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or prepa­ration will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force on that person, is said to commit an assault. 

Dacoity is an aggravated form of robbery. Robbery becomes dacoity when committed conjointly by five or more persons. 

The facts which form part of the same transaction are relevant under section 6 of the Indian Evidence Act.

Alibi is a rule of evidence recognized by section 11 of Evidence Act that facts inconsistent with fact in issue are relevant. 

Section 26 of the Indian Evidence Act states that no confession shall be made by any person whilst he is in the custody of a police officer, unless it is made in the immediate presence of a Magistrate. 

Admissibility of electronic record has been prescribed under section 65 B of the Indian Evidence Act.

Public documents are mentioned in section 74 of the Indian Evidence Act.

For presumption of death under section 108 of Evidence Act, the person is shown to be not heard of for a period of seven years.

Presumption as to dowry death is contained in section 113 B of the Indian Evidence Act.

A Magistrate has the power under Cr.P.C. to direct the police to investigate into cognizable and non-cognizable offences.

It is mandatory to produce the person arrested before a Magistrate, within 24 hours of his arrest, under section 57 of the code of criminal procedure.

Where the police submits a final report under section 173(2) of CrPC, for dropping of proceedings to a Magistrate, the Magistrate may reject the same and order further investigation.

Examination of witnesses in the absence of the accused can be done under section 299 of the code of criminal procedure.

Under section 209 of the code of criminal procedure, a case can be commited to the Court of Sessions when offence is triable exclusively by it and under section 209 of the code of criminal procedure, a case can be commited to the Court of Sessions when, if, in any inquiry into an offence or a trial before a Magistrate, it appears to him that the case is one which ought to be tried by the Court of Sessions. 

Disposal of property at the conclusion of trial is governed by section 452 of the code of criminal procedure.

Constructive res-judicata is contained in explanation IV of section 11 of the code of civil procedure as any matter which might and ought to have been made ground of defence or attack in such former suit shall be deemed to have been a matter directly and substantially in issue in such suit.

Under Order XVII, Rule 1 of the CPC, the court may, if sufficient cause is shown, at any stage of the suit grant time to the parties or to any of them and may from time to time adjourn the hearing of the suit for reasons to be recorded in writing. 

No oath shall be administered to the accused when he is examined under section 313 sub-section (1) of the code of criminal procedure.

‘X’ enters into a contract with Y for which Y is guilty of fraud. X can set aside the contract and recover damages from Y.

Supreme Court in the case of "Salem Advocate Bar Association, Tamil Nadu v. Union of India" observed that CPC Amendment Acts of 1999 and 2002 are constitutionally valid.

Under Order VII, Rule 11 of CPC, whole of the plaint is to be rejected.

Under Order IX, Rule 3 of CPC, where neither party appears and under Order IX, Rule 8 of the CPC, where only defendant appears, the suit shall be dismissed in default. 

Agency stands terminated by the death, insanity or insolvency of either the principal or the agent.

Section 2(2) of the code of civil procedure defines “decree” as the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within section 144, but shall not include - (a) any adjudication from which an appeal lies as an appeal from an order, or (b) any order of dismissal for default. 

Section 89 of CPC provides for settlement of disputes outside Court.

A suit filed by ‘A’, after his death, can be continued by 'X' and 'Y' both as legal representatives.

Appointment of receiver has been dealt with under Order XL of the code of civil procedure.

Novation of contract means the substitution of a new contract for an old one. The new agreement extinguishes the rights and obligations that were in effect under the old agreement.

Section 4 of the Transfer of Property Act states that the chapters and sections of this act which relate to contracts shall be taken as part of the Indian Contract Act, 1872 and section 54, paragraphs 2 and 3, and sections 59, 107 and 123 shall be read as supplemental to the Indian Registration Act.

Under the Transfer of Property Act, 1882, the condition restraining alienation is provided under section 10.

The term ‘sale’ in the Transfer of Property Act, 1882 is defined in section 54 as a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.

The time for presentation of document for registration has been provided in section 23 of the act. As per section 23 of the Registration Act, 1908, the document should be presented within 4 months.

The statement is true.

The "Doctrine of Relation Back" is the principle that an act done at a later time is deemed by law to have occurred at a prior time. Section 47 of the Registration Act, 1908 provides that a registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration.

Under section 6 of the Limitation Act, these words are used: "person entitled to institute a suit". This states that section 6 can only be availed by plaintiff.

A registered document shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration.

Article 113 of the Limitation Act provides that the period of limitation for suits not specifically provided under the Schedule is three years.

The law of trusts first developed in the 12^th century from the time of the crusades under the jurisdiction of the King of England.

To mature as a ground of divorce, under Hindu Marriage Act, 1955, the desertion must continue for a minimum period of two years.

Prompt dower is payable on demand by the wife. Deferred dower is payable on (i) dissolution of marriage by death or (ii) divorce.

Power to ascertain net profits or market-value under the Court-fees Act, 1870 is provided in section 9.

Rights and liabilities of beneficiaries are provided under chapter VI and sections 55 to 69 of the Indian Trusts Act, 1882.

Computation of fees payable in certain suits under the Court-fees Act, 1870 is provided in section 7.

An application for setting aside an arbitral award must be made by the party after receiving the award within thirty days.

The period of limitation for an application under the Civil Procedure Code for an order to set aside abatement is sixty days and the limit commences from the date of abatement.

The period of limitation for a suit for possession of immovable property based on title is twelve years. It is provided under article 65 of the Limitation Act.

The Collector shall make an award under section 11 within a period of two years from the date of publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse.

Section 37 of the Arbitration and Conciliation Act, 1996 states that an appeal shall lie from the following orders (and from no others) to the Court authorised by law to hear appeals from original decrees of the Court passing the order, namely:

(a) granting or refusing to grant any measure under section 9
(b) setting aside or refusing to set aside an arbitral award under section 34

The ‘Principle of Confidentiality’ in the Arbitration and Conciliation Act, 1996 is laid down in section 75. It provides that the conciliator and the parties shall keep confidential all matters relating to the conciliation proceedings. 

The Industrial Disputes Act under section 2 (s) defines a “Workman” as any person (including an apprentice) employed in any industry to do any manual, unskilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment are expressed or implied.

Labour Courts under the Industrial Disputes Act, 1947 are constituted under section 7 as the appropriate Government may, by notification in the Official Gazette, constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the Second Schedule and for performing such other functions as may be assigned to them under this Act.

Under section 168(2) of the Motor Vehicles Act, 1988, Claims Tribunal shall arrange to deliver copies of the award to the parties concerned within fifteen days from the date of the award.

The general principles on which the perpetual injunctions could be granted under the Specific Relief Act are contained in section 38.

Savigny is an exponent of Historical School of Jurisprudence. Historical School of Jurisprudence states that law is not made, it is found; and customs are superior to legislations.

“Nature of Judicial Process” was written by Benjamin Cardozo. It states that the duty of the judge is to interpret and apply the law to the cases before him. 

According to Salmond, “A State is an association of human beings established for the attainment of certain ends by certain means.” The relationship between State and law is inherent. A State maintains peace and administration in a society through law.

“Philosophy of Law” is a book written by Joseph Kohler. Kohler does not regard the law as being automatically created. He states that Jurisprudence must be a creative science, and the legal order must continue to evolve to satisfy the needs of a society.

Under Land Acquisition Act, 1894, provision of section 24 provides for matters to be neglected in determining compensation.

Section 163-A of the Motor Vehicles Act, 1988 provides for special provisions as to payment of compensation on structured formula basis.

Under Section 6 (2) (a) of the Specific Relief Act, 1963, no suit shall be brought after expiry of six months from the date of dispossession.

Part III of the Specific Relief Act, 1963 deals with Preventive Relief.

It is mentioned in the 1^st two lines of the passage. Rest of the passage exemplifies and explains the same.

I and III are mentioned in the following lines, "The limbs of various mammals are modified according to several different modes of life - for swift running (cursorial) as in the horse arid antelope, for swinging in trees (arboreal) as in the monkeys...", and "Thus, the linger and wrist bones of a bat and whale, for instance, have virtually nothing in common except that they are definitely equivalent elements of the mammalian limb."

The author means that "in spite of great alterations", the structures or organs that show main change in connection with this adaptive divergence are identified as corresponding.

The author is being objective in his approach here.