Judicial Services Mock - 2

Option (3) is correct: Under Section 18(3) of the Hindu Adoption and Maintenance Act, a Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion.

Option (1) is correct: Under Section 13 (1A) of the Hindu Marriage Act, 1955, either party to a marriage may also present a petition for the dissolution of the marriage by a decree of divorce on the ground that there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation.

Option (2) is correct: Rules relating to prohibited degrees are based on the principle of polygamy.

Option (1) is incorrect: Under Section 13B of the Hindu Marriage Act, 1955, both the parties to a marriage together, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Under Section 13B of the Hindu Marriage Act, 1955, both the parties to a marriage together, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is correct: No such provision has been laid down under Section 13B of the Act.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Under Section 13B of the Hindu Marriage Act, 1955, both the parties to a marriage together, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

Option (3) is correct: Adultery by a Hindu husband is not only ground of divorce under Section 13 of the Hindu Marriage Act, but also a ground of judicial separation under Section 10 of the Hindu Marriage Act.

Option (4) is correct. The term 'Hindu' denotes the persons who are professing Hindu religion or who are professing Buddhism, Jain or Sikh religion or who are not professing Muslim, Christian, Parsi or Jew religion.

Option (2) is correct: Any marriage solemnised after the commencement of this Act shall be null and void, if it contravenes the conditions specified in clauses (iv) of Section 5.

Option (3) is correct: All of the above statements amount to dacoity under Section 391 of the IPC as when five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit 'dacoity'. 

Option (1) is incorrect: B is not liable for causing grevious hurt as he acted in private defence.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: B is neither liable for grevious nor simple hurt.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is correct: B is not liable at all as his act is completely under private defence.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: No such provision in the IPC.

Option (4) is correct: The offence of theft becomes robber when it is coupled with imminent danger to life as provided under Section 390 of the IPC.

Option (3) is correct: ‘X’ is not liable for attempt to murder because no actus reus is there, i.e. he had not committed the penultimate act.

Option (1) is correct: According to Section 82 of the IPC, nothing is an offence which is done by a child under seven years of age.

Option (4) is correct: Smith vs. Diamond is a leading case on criminal conspiracy.

Option (4) is correct: Under Section 82 of the IPC, nothing is an offence when it is done by a child below seven years of age.

Option (1) is correct: Section 370 of the IPC provides whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall liable to be punished.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Section 373 talks about buying minor for purposes of prostitution, etc.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: Section 372 talks about selling minor for purposes of prostitution, etc<b style="font-family:" arial;="" font-size:="" small;="">.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Section 374 deals with unlawful compulsory labour.

Option (1) is incorrect: Section 41 of the IPC defines the term ‘special law’.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Section 42 of the IPC defines the term ‘local law’.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is correct: The term ‘offence’ is defined under Section 40 of the IPC.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Section 43 of the IPC defines the term ‘illegal’.

Option (3) is correct: Under Section 376 of the IPC, a public servant committing rape on a woman in his custody shall be punished with rigorous imprisonment for a term which shall not be less than ten years. 

Option (1) is correct: Grave and sudden provocation is purely a question of fact under the Indian Penal Code.

Option (1) is incorrect: Section 53 of the IPC defines punishment provided under the IPC.

Option (3) is correct: Actus reus under Section 497, i.e. adultery, relates to person.

Option (1) is correct: For the charge of offence, mens rea is not a requisite.

Option (1) is incorrect: Section 323 deals with punishment for hurt and B is liable to be charged with grevious hurt by dangerous weapons.

Option (4) is correct: The offence can be inquired at Kolkata (where cause of action arises) or at Delhi (where the defendant resides).

Option (3) is correct: The starting words of Section 209 explains that when in a case instituted on police report or otherwise, a Magistrate can commit the case to the Court of Session.

Option (1) is correct: Under Section 82 of the Indian Penal Code, nothing is an offence which is done by a child whose age is below seven years.

Option (4) is correct: Under Section 156 of the Code of Criminal Procedure, any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case.

Option (4) is correct: While exercising its inherent powers under Section 482 of the Code of Criminal Procedure, 1973, even the High Court cannot review its own judgement, can neither convert itself court of appeal when the legislature has not conferred a right to appeal to it nor grant police custody from judicial custody.

Option (4) is correct: The term 'bail' signifies of conditional release of an accused or arrested person by the police, Magistrate or court during investigation, enquiry or trial.

Option (2) is correct: Assault or use of criminal force otherwise than on grave provocation under Section 353 of the IPC is bailable and non-cognizable.

Option (4) is correct: An Executive Magistrate may even act ex-parte under Section 144 of the Code of Criminal Procedure, 1973, if immediate prevention or speedy remedy is desirable to prevent obstruction, annoyance or injury to any lawfully employed person, to avoid danger to human life, health or safety and to avoid disturbance to public peace and tranquility, riot or affray.

Option (4) is correct: The definition of 'victim' was inserted in the CrPc by the Amendment Act of 2008 under Section 2, Clause (wa).

Option (3) is correct: Attempt to commit suicide is triable by any Magistrate.

Option (2) is correct: The stipulation that all offences under the Indian Penal Code would be tried according to the provisions in the Code of Criminal Procedure, is contained in Section 4.

Option (4) is correct: Under Section 41B of the CrPC, a police officer while making arrest does not require informing the person arrested that he has the right of legal counsel during interrogation.

Option (2) is correct: The general public does not have a duty under Section 39 of the CrPC to give information to the nearest Magistrate or police officer in relation to the commission of kidnapping for ransom.

Option (4) is correct: Under Section 110 of the CrPC, an executive magistrate requires security for good behaviour from habitual offenders within his local jurisdiction.

Option (4) is correct: A child legitimate or an illegitimate, who after attaining majority, cannot maintain himself by reason of economic hardship cannot claim maintenance under Section 125 of the CrPC.

Option (2) is correct: Under the Code of Criminal Procedure, a cognizable offence means an offence in which police officer may arrest without warrant.

Option (4) is correct: A witness shall be bound to answer truly all questions relating to the case put to him by such officer other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.

Option (1) is correct: Naveen Kohil vs. Neelu Kohli’s case dealt with irretrievable breakdown of marriage.

Option (1) is correct: The period of limitation for seeking an annulment of marriage on the ground of fraud is one year from the date of knowing the fact of fraud.

Option (1) is correct: When a person is arrested on the charge of committing rape, the arrestee may be examined by a registered medical practitioner other than a registered medical practitioner employed in a hospital run by the government or by a local authority when the latter is not available within a radius of sixteen kilometres from the place where the offence has been committed.

Option (3) is correct: The starting words of Section 265(B) says a person accused of an offence may file an application for plea bargaining in the court in which such offence is pending for trial.

Option (3) is correct: Competency under the Indian Contract Act means that the parties must be major to the contract and must be of sound mind.

Option (1) is incorrect: Intimation of minimum price is not a proposal as per the provisions of the Indian Contract Act.
Option (2) is incorrect: An agreement against public policy is void.

Option (3) is correct: Section 24 talks about a confession by an accused person irrelevant when it is made under inducement, threat and promise.

Option (4) is correct: Under Section 2(i) of the Indian Contract Act, an agreement enforceable by law at the instance of one party and not of other party is called a voidable contract.

(i), (ii), (iii), (iv)

A contract may be vitiated by fraud, mistake, frustration and undue influence.

Option (1) is correct: As per the Indian Contract Act, a proposal, when accepted, results in an agreement or if it is enforceable by law, it becomes contract.

Option (3) is correct: Under Section 14 of the Indian Evidence Act, motive is not mentioned as a state of mind.

Option (1) is correct: Res gestae means things done under the Indian Evidence Act.

Option (3) is correct: Under Section 3 of the Indian Evidence Act, documents mean any matter described on any substance by means of letters, figures and marks only.

Option (2) is correct: Section 64 talks about proof of documents by primary evidence that is called rule of best evidence.

Option (4) is correct: Under Section 57 of the Evidence Act, the court is not bound to take judicial notice of the national emblem of every state recognised by the Government of India.

Option (4) is correct: A person is presumed to be alive if it is shown that he was alive within thirty years.

Option (1) is correct: The rule that once the terms of any contract have been proved by documentary evidence, no evidence of any oral statement shall be admitted for contradicting such terms has six provisos establishing variations to the rule.

Option (3) is correct: Documents forming records of acts of public officers of a foreign country is not a public document under Section 74 of the Evidence Act.

Option (1) is correct: Conduct is not figured in Section 115 while dealing with applying the principle of estoppel.

Option (3) is correct: Under Section 45 of the Indian Evidence Act, opinion of expert cannot be taken on the point of domestic law.

Option (3) is correct: Section 112 of the Evidence Act states that if a child is born within 280 days after the dissolution of a valid marriage, it is a conclusive proof of the legitimacy of the child.

Option (3) is correct: Indecent and scandalous questions may be forbidden by the court under Section 151.

Option (4) is correct: Actionable claims are not goods as per Sale of Goods Act. All the others are covered under the definition of goods.

Option (4) is correct: Mental condition is a type of psychological fact, relation of things and state of things are a type of physical fact.

a - ii, b - i, c - iv, d - iii

Option (2) is correct: Oral admission as to contents of electronic records is relevant only when genuineness of the electronic record produced is in question.

Option (1) is correct: This Act is applicable for movable goods only. Immovable goods and properties are covered under Transfer of Property Act.

Option (3) is correct: When goods are exchanged for goods, it is called barter. Sale means exchange of goods for consideration in monetary terms. An agreement to sell is also sale, but at a future date. Mortgage means to pledge goods or property in security of a debt.

Option (1) is correct: Section 12 of the Indian Evidence Act deals with the facts which enable the court to determine the amount of damages.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Section 10 of the Indian Evidence Act states things said or done by conspirator in reference to common designs.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: Section 8 talks about motive, preparation and conduct.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Section 11 says facts not otherwise relevant become relevant.

A money lender promised to lend money for the business cannot be termed as an agreement to sale.

Option (3) is correct: Section 138 provides that there can be further cross-examination after re-examination if new matter is, by permission of the court, introduced in-re-examination.

Option (4) is correct: There may be a contract without consideration, if it is made in writing and registered under the law and is made on account of natural love and affection between parties standing in a near relation to each other.

Option (3) is correct: Section 32 of the Indian Evidence Act speaks of the persons who is dead, cannot be found and has become incapable of giving evidence.

Option (3) is correct: The contract of bailment is different from sale as bailment includes transfer of possession only whereas sale includes transfer of ownership and possession both.

Option (4) is correct: Section 127 of the Evidence act provides that the provisions of Section 126 of the Evidence Act dealing with confidentiality of professional communication shall apply to clerks, servants and interpreters of barristers.

Option (2) is correct: Under Section 141 of the Indian penal Code, unlawful assembly consists of five or more persons.

Option (4) is correct: Criminal intimidation involves threat to injure the person, reputation and property under the Indian Penal Code.

Option (3) is correct: Under the code of criminal procedure, in petty offences the accused may plead guilty in person or through advocate.

Option (3) is correct: A voidable contract is a contract which becomes void later on and is enforceable at the option of some parties only.

The General Clauses Act, 1897 shall apply for interpretation of the Constitution.

Option (4) is correct: Section 6 deals with the subjects which cannot be transferred and second mortgage of property is not mentioned in Section 6.

Option (4) is correct: Legal disability under the Limitation Act is insanity, idiocy and minority.

Option (3) is correct: Singing is purely a personal qualification and ability, which cannot be specifically enforced.

In case there is a breach of contract from the buyer side, the seller can sue the buyer for price and damages for non-acceptance of goods.

Doctrine of 'caveat emptor' means 'let the buyer beware'. Under this, the seller will not be responsible for the wrong selection of goods by the buyer.

Option (1) is correct: Confession made to police officer is always taken as an irrelevant confession.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Confession made under promise of secrecy is not always irrelevant.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: Confession made when the accused was drunk is not always irrelevant.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Confession made in consequence of a deception practised on the accused is not always irrelevant.

Option (1) is incorrect: Those which are offensive to standards of decency are indecent questions.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Scandalous question are disgraceful or improper towards the proceedings.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: Those questions which annoy the court while proceedings are questions to annoy.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is correct: Leading questions are questions which are framed in a way that evokes a specific response from the individual being questioned.

A contract in which a party wins and other loses is called a wagering contract.
A contingent event depends upon happening or non-happening of events.

Novation means substitution of new contract in place of old one.
Alteration means changing one or more terms. Recission means cancellation of contract.

Option (1) is incorrect: Motive of A is not conclusive in the above facts.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: No preparation by A has been shown in the above facts.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: A’s act of waging war does not make him liable for the occurrence.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is correct: The consequences are the part of general transaction.

Contingent events always arise on happening or non-happening of an event.

The persons entering into some partnership with each other are known as partners and collectively as firm.
Business is an activity which can be carried by sole trader, partners, company, etc. and agency is the relationship where one person authorises other to act on his behalf.

Option (1) is incorrect: Preparation of A is relevant completely.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is correct: Relevant under Section 8 of the Indian Evidence Act as it shows the previous conduct and preparation for the act of murder.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: Evidence can never be partly relevant.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Relevant under Section 8 of the Indian Evidence Act as it shows the previous conduct and preparation for the act of murder.

It does not matter whether the business is part-time or full-time. The sharing of profits constitutes an element of partnership.
Though all others are getting a part of profits, but are not partners.

Option (2) is correct: A Muslim wife may sue for divorce under the Dissolution of Muslim Marriage Act, 1939 if the husband has been insane for a period of two years.

Option (3) is correct: If the marriage has not been consummated, Iddat has to be observed in case of both death of husband and divorce.

All of these are true.

Option (4) is correct: In re: Keshwananda Bharti case, the Supreme Court held that ‘Preamble is the basic feature of the Constitution’.

Option (3) is correct: In re: Berubari and Exchange of Enclaves, the Supreme Court held that Preamble is not a part of the Constitution.

Option (1) is incorrect: Under Order XVII, Rule 3 of the CPC states that the court may proceed notwithstanding either party fails to produce evidence, etc.
Option (2) is incorrect: Order XVII, Rule 2 of the CPC provides procedure if parties fail to appear on day fixed.
Option (3) is correct: Court may grant time and adjourn hearing under Order XVII, Rule 1 of the CPC.

Option (4) is correct: The Supreme Court, in the case of 'Golaknath vs. State of Punjab', held that ‘Basic features of the Constitution of India cannot be amended by exercising the power of amendment under Article 368'.

i - b, ii - a, iii - c, iv - d

Option (1) is incorrect: Damages awarded for tortuous liabilities are not liquidated.
Option (2) is correct: Damages awarded for tortuous liabilities are unliquidated, i.e. not decided before.
Option (3) is incorrect: Damages awarded for tortuous liabilities are not penal.

Option (1) is incorrect: No such provision.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: No such provision.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is correct: Under Article 52 of the Act, the period of limitation of a suit for recovery of arrears of rent from the due date shall be three years.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: No such provision.

Option (1) is incorrect: A time barred debt cannot be claimed as a set off.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: A time barred debt cannot be claimed as a counter claim.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: A time barred debt cannot be claimed as a fresh suit.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is correct: A time barred debt can never be claimed as a set off, counter claim and a fresh suit.

Option (1) is incorrect: Shall not be stayed.
Option (2) is correct: Under Order VIII, Rule 6D of the CPC, if in any case in which the defendant sets up a counter claim, the suit of the plaintiff is stayed, discontinued or dismissed, the counter claim may nevertheless be proceeded with.
Option (3) is incorrect: Can never be continued even with the leave of the court.

Option (2) is correct: Section 25 of the Partnership Act states that every partner is liable, jointly with all the other partners and also severally, for all acts of the firm done while he is a partner.

Option (2) is correct: A new partner can be admitted in a partnership firm with the consent of all existing partners.

Option (3) is correct: A minor admitted into the benefits of a partnership firm must decide within six months of attaining majority whether he wants to become a partner in the firm.

Option (3) is correct: Precepts are issued under Section 46 of the CPC for attaching the property of the judgment-debtor.

Option (2) is correct: A decree is preliminary when further proceedings have to be taken or the suit to be completely disposed of on the basis of the decree.

Option (3) is correct: Under Section 58 of the CPC, a person detained shall be released from the detention on the amount mentioned in the warrant of his detention being paid to the officer in charge of the civil prison.

Option (4) is correct: Money, hundis and electricity all the properties are not liable to be attached and sold in the execution of a decree.

Option (2) is correct: Alien enemies residing in India may sue with the permission of the Central Government.

Option (1) is correct: The starting words of Section 8 states 'Any person having the possession or control of a particular article of movable property of which he is not the owner may be compelled specifically to deliver it to the person entitled to its immediate possession'.
Option (2) is incorrect: Section 8 cannot be invoked against the person who is the owner of the article.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: Section 8 cannot be invoked by the person not entitled to the possession of the article.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Section 8 can be invoked in respect of any article.

Option (2) is correct: The stipulation that in a suit be the Central Government, the authority to be named as plaintiff shall be ‘The Union of India’ has been provided for in Section 79.

Option (3) is correct: No second appeal shall lie from any decree when the subject matter of the original suit is for recovery of money not exceeding twenty-five thousand rupees.

Option (4) is correct: High court has the authority to annul, alter or add to the rules in the First Schedule of the Code of Civil Procedure.

Option (4) is correct: Section 12(i) of the Hindu Marriage Act provides where marriage is not consummated due to impotency of husband or wife, the marriage will be voidable at the option of petitioner.

Tamil Nadu was the first to implement Right to Information Act.