Judicial Services Mock - 1

Option (1) is correct: Article 32 talks about constitutional remedies.

Option (3) is correct: Judgement debtor means person against whom a decree is passed.

Option (1) is incorrect: A retracted confession is one which is withdrawn or retracted later on by the person making it. It is a very weak type of evidence.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Doesn’t remain in evidence till corroborated
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is correct: A confession, when retracted by the person making it, becomes a weak type of evidence and will require to be corroborated while in trial.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: No such provision

Option (4) is correct: Section 114 of Evidence Act states that Court may presume existence of certain acts.

Option (4) is correct: Tape recordings, dog tracking and narco analysis test all are received in evidence.

Option (1) is incorrect: 'Professional Communication' between an advocate and his client is admissible in evidence.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: 'Professional Communication' between an advocate and his client is a privileged communication even after the contract rescinds.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is correct: U/s 126 of Evidence Act, no barrister, attorney, pleader or vakil shall at any time be permitted to disclose any communication made to him in the course of his employment, unless with his client’s express consent.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: It is admissible whether it is legal or illegal.

Option (1) is correct: Judgements, orders or decrees are irrelevant unless the existence of such judgment, order or decree is a fact in issue, or is relevant under some other provision of this Act. So, judgement against B is irrelevant against C.

Option (3) is correct: U/s 34 of Evidence Act, entries in the books of account, regularly kept in the course of business, are relevant whenever they refer to a matter into which the court has to inquire but such statements shall not alone be sufficient evidence to charge any person with liability.

Option (4) is correct: Newspaper report about any matter is secondary evidence and falls under Section 63 of the Evidence Act.

Option (3) is correct: Hostile witness is one who gives adverse statement against the party who called him as a witness.

Option (1) is correct: In a criminal case, service of summons can be made on the witness only through police.

Option (1) is correct: Re-calling the witness is known as re-examination of a witness.

Option (4) is correct: Under Indian Evidence Act, a private document is a document other than a public document.

Option (1) is correct: Under Evidence Act, if a thirty years old document is produced from a proper custody, then the court will presume.

Option (4) is correct: Police custody means accused is under the supervision of police or person authorised by a police officer.

Option (2) is correct: Mens rea must be accompanied by actus reus. So, to find means rea, there must be a resultant consequence of mens rea.

Option (4) is correct: Test Identification Parade pertains to the fields of investigation and trial both.

Option (4) is correct: U/s 366 B, the mentioned offence is punishable if the age of the girl is below 21 years.

Option (2) is correct: An offence is punishable when it is accompanied by mens rea and actus reus. Only preparation to commit murder is not punishable under Indian Penal Code.

Option (3) is correct: Whoever dishonestly misappropriates or converts to his own use any movable property has committed an offence of dishonest misappropriation of property u/s 403 of IPC.

Option (1) is correct: The starting words of Indian Penal Code state "Whoever does any act with such intention or knowledge”.
So, u/s 307 of IPC, intention to commit murder has to be proved.

Option (1) is incorrect: An assembly of five or more persons is designated an "unlawful assembly”.
Option (2) is incorrect: An unlawful assembly must be animated by a common object.
Option (3) is correct: It doesn’t include that persons assembled for lawful purpose but started quarrelling without any previous intention.

Option (1) is correct: Preparation to commit dacoity is punishable u/s 399 of the IPC.

Option (4) is correct: U/s 361 of IPC, whoever entices a girl child of less than 16 years is said to have caused kidnapping out of the keeping of the lawful guardian of such minor and is said to kidnap such minor or person from lawful guardianship.

Option (2) is correct: Preparation to commit murder is not an offence and is not punishable under criminal law.

Option (1) is correct: Contract which is entered to be performed on the happening of some event. In that case, both the parties are liable to give their performance when that particular event happens.

Option (2) is correct: As this contract was between 'A' and 'B' (to supply certain things), so if  'A' has not given the performance under the contract, then he (A) is liable to 'B' for damages. 'A' can sue 'C' for non-performing the contract between them to supply goods to 'A'.

Option (1) is correct: The maxim “De Minimis non curat” relates to slight harm which deals with section 95 of the IPC.

Option (3) is correct: Section 390 of IPC states, extortion is robbery when it is committed under a fear of instant hurt.

Option (1) is correct: Offence under IPC includes mens rea and actus reus. Here in the above case, actus reus is not there. So, ‘A’ has not committed any offence.

Option (3) is correct: Nothing is an offence by reason that it causes, or that it is intended to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm. So, no punishment would be there for the acts which cause slight harm.

Option (2) is correct: Where a Hindu male and Hindu female contract their marriage under the Special Marriage Act, 1954, Hindu personal law does not apply.

Option (4) is correct: Instigating or engaging in a conspiracy or intentionally aiding a person to commit an offence is an offence of abetment u/s 107.

Option (1) is correct: The provisions of Section 498-A IPC were introduced in IPC by Criminal Law (Second Amendment) Act, 1983.

Option (1) is correct: If a person having a wife living marries another woman, such marriage is void. The condition is defined u/s 5(i) of Hindu Marriage Act called monogamy.

Option (3) is correct: Section 4 of Partnership Act states that partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. Sharing of losses is not an essential requisite under this section.

Option (1) is incorrect: Two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife.
Option (2) is incorrect: Two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands.
Option (3) is correct: Two persons are said to be related to each other by half blood when they are descended from a common ancestor but by different wives.

Option (1) is incorrect: Section-12(1) (a) of Hindu Marriage Act deals with impotency of the respondent.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Section-12(1) (b) of Hindu Marriage Act deals with bigamy.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: Section-12(1) (c) of Hindu Marriage Act deals with unlawful consent for marriage.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is correct: Section-12(1) (d) of Hindu Marriage Act deals with the fact that if the respondent was, at the time of the marriage, pregnant by some person other than the petitioner, then it is a ground for voidable marriage.

Option (3) is correct: In determining whether a group of persons is or is not a firm, or whether a person is or is not a partner in a firm, regard shall be given to the real relation between the parties as provided under Section 6 of the Act.

Option (1) is correct: This statement epitomises the doctrine of colourable legislation.

Option (4) is correct: Article 360 of the Constitution of India provides provision as to Financial Emergency.

Option (1) is correct: Section 6 of Indian Partnership Act defines that in determining whether a group of persons is or is not a firm, or whether a person is or is not a partner in a firm, regard shall be given to the real relation between the parties.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Agency is a contract between two persons, in which one person is Principal and other is Agent.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: Every partner is an agent of firm defined u/s 18 of Indian Partnership Act.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Partners in a partnership firm may be active partner and sleeping partner both.

Option (3) is correct: Ban on smoking in public place is a violation of Article 21, i.e. protection of life and personal liberty.

(a) - (1), (b) - (4), (c) - (3), (d) - (2)

Option (1) is incorrect: Article 14 states equality before law.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Article 19 states Right to Freedom.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: Right to Property earlier was included under Article 31 as a Fundamental Right.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is correct: Article 300-A states Right to Property as a legal right.

Option (1) is correct: The Jurisdiction of the Supreme Court may be enlarged by the Parliament by law.

Option (3) is correct: Hearing under “Audi alteram partem" may be in writing or oral.

Option (3) is correct: Article 227 of the constitution states that the high court can exercise the supervisory jurisdiction over the courts and tribunals subordinate to it.

Option (3) is correct: Under section 7 of Indian Contract Act, acceptance of proposal should be unconditional and absolute.

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

Option (3) is correct: Anything done, or any promise made, for the benefit of principal debtor may be a sufficient consideration to the surety for giving the guarantee. So in a contract of guarantee, a consideration is not required separately.

Option (3) is correct: Section 73 of the Act has not specifically mentioned any property; so it implies it would include both movable and immovable property.

Option (1) is correct: Meeting of minds is an essential of a valid contract.

Option (4) is correct: Lease can be terminated by efflux of time, termination of lessor’s interest and on merger.

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

Option (1) is incorrect: Section 2(e) of Contract Act defines the term 'agreement'.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Section 2(h) of Contract Act defines the term 'contract'.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is correct: Section 2(i) of Contract Act defines the term 'voidable contract' as an agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Section 2(g) of Contract Act defines the term 'void contract'.

Option (1) is correct: For a valid contract, the essential is that the parties should have capacity to contract.

Option (3) is correct. U/s 13 of Transfer of Property Act, 1882, transfer of property for the benefit of an unborn person can be made by creating a prior interest in favour of a living person till the existence of the unborn person.

Option (3) is correct: Tuhr is the period between menstruations.

Option (2) is correct: U/s 2(6) of Dissolution of Muslim Marriage Act, 1939, a woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage if the husband has been insane for a period of two years.

Option (3) is correct: Testamentary disposition is not a mode of transfer covered by Transfer of Property Act, 1882.

Option (2) is correct: Section 10 of Code of Civil Procedure states "If two suits between the same parties involve the same subject matter and the same question, then subsequent suit should be stayed."

Option (4) is correct: The plaint will be ordered to be returned for presentation to the proper court if the plaintiff chooses a wrong court in respect of territorial or pecuniary limits.

Option (4) is correct: Under Section 75 of the Code of Civil Procedure, 1908, when a commission has been issued, it cannot impose penalties or fine and initiate contempt of court proceedings.

Option (3) is correct: Khula is a form of divorce by agreement. Under this, the husband agrees to give talaaq on the condition to return back to him the money he gave his wife at the time of marriage as dower.

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

Option (1) is incorrect: Order 22 Rule 1 of CPC deals with no abatement by party’s death, if right to sue survives.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Order 22 Rule 4 of CPC<b style="font-family:" arial;="" font-size:="" small;=""> <span style="font-family:" arial;="" font-size:="" small;="">provides procedure in case of death of one of several defendants or of sole defendant.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: Order 22 Rule 8 of CPC states when plaintiff’s insolvency bars suit.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is correct: Order 22 Rule 10A of CPC states duty of pleader to communicate to court the death of a party.

Option (1) is correct: An agreement not enforceable in the eyes of law is said to be void under Indian Contract Act. Law doesn’t take action on these agreements. 

Option (4) is correct: A court to which decree has been transferred for execution, while executing, cannot order execution at the instance of the transferee of the decree.

Option (4) is correct: Res judicata under Section 11 of the Code of Civil Procedure deals with any suit or issue. So, the principle of res judicata applies to suits and execution proceedings also.

Option (1) is correct: Section 2(8) of the Code of Civil Procedure, 1908 defines "judge" as the presiding officer of a civil court.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Section 2(4) of the Code of Civil Procedure, 1908 defines “district”.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: Section 2(5) of the Code of Civil Procedure, 1908 defines foreign “judgement”.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Section 2(2) of the Code of Civil Procedure, 1908 defines “decree”.

Options (1), (2) and (3) are incorrect: Under Section 88, where two or more persons claim adversely to one another the same debt from another person who claims no interest therein other than for charges or costs and who is ready to pay or deliver it to the rightful claimant, such other person may institute a suit of interpleader against all the claimants for the purpose of obtaining a decision.
Option (4) is correct: Proviso to Section 88 states where any suit is pending in which the rights of all parties can properly be decided, no such suit of interpleader shall be instituted.

Option (4) is correct: Under Section 148A of the Code of Civil Procedure, a caveat may be lodged when a suit or proceedings instituted or about to be instituted in a court, i.e. when a person claiming a right to appear before the court on the hearing of such application may lodge a caveat in respect thereof.

Option (4) is correct: When the High Court calls for the record of any case which has been decided by any court subordinate to such High Court, such suit shall not operate as a stay of suit or other proceeding before the court, except where such suit or proceeding is stayed by the court.

Option (1) is incorrect: Substantive law provides rights and liabilities.
Option (2) is correct: The Code of Civil Procedure, 1908 is a procedural law as procedural law provides a procedure to move proceedings in a court.

Option (3) is correct: Mesne profit means profit received or could have been received by a wrongful possessor of property.

Option (1) is correct: Compromise under Order XXIII, Rule 3 of the CPC must be in writing and signed by the parties.

Option (4) is correct: Under Section 10 of the CPC, for the application of the principle res subjudice, suits must be between the same parties or litigating under the same title must be pending for disposal in a court and the matters in issue in the two suits must be directly and substantially the same.

Option (1) is correct: The rejection of the plaint on any of the grounds mentioned under Order VII, Rule 10 of the CPC shall not, of its own force, preclude the plaintiff from presenting a fresh plaint in respect of the same cause of action.
Option (2) is incorrect: After the rejection, a plaintiff can present a fresh suit.
Option (3) is incorrect: A plaintiff does not require the leave of the High Court.

Option (1) is incorrect: Under Section 75 of the Code of Civil Procedure, a court may issue commissions to examine any person.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Under Section 75 of the Code of Civil Procedure, a court may issue commissions to examine and adjust accounts.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: Under Section 75 of the Code of Civil Procedure, a court may issue commissions to perform any ministerial or clerical act.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is correct: Under Section 75 of the Code of Civil Procedure, a court cannot issue commissions to arrest a person.

Option (1) is incorrect: The Cabinet cannot appoint the chairman and members of the UPSC.
Option (2) is incorrect: The Chief Justice of India cannot appoint the chairman and members of the UPSC.
Option (3) is incorrect: The Prime Minister of India cannot appoint the chairman and members of the UPSC.
Option (4) is correct: The chairman and members of the UPSC are appointed by the President of India.

Option (1) is incorrect: Under Article 20(1), no person shall be convicted of any offence, except for the violation of the law in force at the time of the commission of the Act charged as an offence.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Under Article 22, no person who is arrested shall be detained in custody without being informed.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is correct: Article 20(3) embodies that no person accused of any offence shall be compelled to be a witness against himself.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Under Article 20(2), no person shall be prosecuted and punished for the same offence more than once.

Option (2) is correct: Section 156(3) of the Code of Criminal Procedure states that any magistrate empowered under Section 190 may order such an investigation as mentioned under Sections 156(1) and 156(2).

Option (2) is correct: A Magistrate cannot issue a summons to an accused to appear before a police officer.

Option (4) is correct: Section 82 of the Code of Criminal Procedure uses the words "any person against whom a warrant has been issued”. So, any person includes accused offender, surety and witness.

Option (2) is correct: Under Section 155(2) of the CrPC, no police officer shall investigate a non- cognizable case without the order of a Magistrate having the power to try such case or commit the case for trial.

Option (2) is correct: The Court of Magistrate of 1^st class has the power to grant maintenance to wife, children and parents under the CrPC.

Option (2) is correct: Under Section 313(2) of the CrPC, no oath shall be administered to the accused when he is examined under Section 313.

Option (4) is correct: Any person, aggrieved by a refusal on the part of an officer in charge of a police station, to record the information relating to the commission of a cognizable offence may send the substance of such information, in writing and by post, to the Superintendent of Police concerned.

Option (1) is incorrect: Chapter X of the CrPC deals with Maintenance of Public Order and Traquillity.
Option (2) is correct: Chapter XI of the CrPC provides provisions for Preventive Action of the Police.
Option (3) is incorrect: Chapter XII of the CrPC talks about information to the police and their powers to investgate. 

Option (3) is correct: To seek compliance of maintenance order, an aggrieved party must make an application to a court within a period of one year.

Option (1) is incorrect: Section 366 of the CrPC talks when sentence of death is to be submitted by the Court of Session for confirmation.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is correct: Section 368 of the CrPC provides for power of the High Court to confirm sentence or annul conviction<b style="font-family:" arial;="" font-size:="" small;="">.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: Section 369 of the CrPC provides for confirmation or new sentence to be signed by two Judges.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Section 365 of the CrPC provides for when the Court of Session is to send a copy of finding and sentence to the District Magistrate.

Option (4) is correct: A memorandum of arrest of a person is required to be signed and attested by a member of his family and one member of the locality, and countersigned by the arrested person.

Option (2) is correct: Chapter XXIA of the CrPC is not applicable if the offence is committed against a child below the age of 14 years.

Option (3) is correct: An Executive Magistrate is empowered to secure a security bond from habitual offenders under Section 110 of the CrPC, for a period not exceeding three years.

Option (3) is correct: In a bailable offence, conditions cannot be imposed while granting bail either by police officer or by the court.

Option (1) is incorrect: Literary work is based on personal qualification of an author.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is correct: It is a contract that can be specifically enforceable.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: It cannot be specifically enforceable as marriage is the personal decision of a person.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: A minor is not bound to specifically enforce an act.

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

Option (2) is correct: Where goods are sold by a person who is not the owner thereof and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had.

Option (1) is correct: A suit for recovery of possession of an immovable property under Section 6 of the Specific Relief Act can be filed against a private individual only.
Option (2) is incorrect: Under Section 6(2) of the Specific Relief Act, it has been stated that no suit under this section shall be brought against the government.

Option (2) is correct: Delivery means a voluntary transfer of possession by one person to another.

Option (3) is correct: Complaint is always to magistrate and police report is always made to police.

Option (1) is incorrect: Specific performance of contract is not allowed where the plaintiff is not entitled to recover compensation.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Specific performance of contract is not allowed where the defendant is incompetent to perform the contract.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is correct: Specific performance of contract is allowed where compensation is not the adequate relief.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Specific performance of contract is not allowed where the defendant has died.

Option (3) is correct: A statement recorded under Section 161 of the CrPC by a police officer during investigation in the course of an examination can be used to contradict in the court during trial.

Option (1) is correct: After investigation, an inquiry is conducted by a magistrate to find out a prima facie case.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Conviction cannot be made during inquiry.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is incorrect: A Magistrate cannot authorise remand of the accused while inquiry is going on.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Inquiry is not conducted to release the accused under Section 436.

Option (2) is correct: Goods (subject matter) are to be delivered at a future date. Therefore, this contract is a case of future consideration.

Option (1) is correct: Under Section 177 of the CrPC, every offence shall ordinarily be inquired into and tried by a court within whose local jurisdiction it was committed.

Option (1) is correct: Debt collectors have a limited number of years to collect their debts. They can sue for the debt in that particular time, which is 3 years. After that, debts become time-barred debts and they are irrecoverable.

Option (1) is correct: Under Section 7 of the Partnership Act, where no provision is made by contract between the partners for the duration of their partnership or for the determination of their partnership, the partnership is partnership at will.

Option (4) is correct: Goodwill is a non-tangible asset in the form of reputation due to any of the above reasons. It can be quality of goods, customer’s satisfaction or anything which built good image of the company.

Option (1) is correct: When two persons mutually transfer the ownership of one thing for the ownership of another, it is called exchange. So, consideration must be present there.

Option (2) is correct: A mortgagor can make a lease of a mortgaged property with certain conditions provided by the Transfer of Property Act.

Option (3) is correct: According to the Constitution of India, uniform civil code is a directive principle of state policy.

Option (4) is correct: An oral transfer of a property is legal where it values below 100 rupees and mere delivery of property is sufficient for a valid transfer.

Option (1) is incorrect: Section 14 of the Act deals with contracts not specifically enforceable.
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is incorrect: Section 15 of the Act deals with who may obtain specific performance.
<span style="font-family:" arial;="" font-size:="" small;="">Option (3) is correct: Section 16 of the Act deals with personal bars to relief.
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Section 17 states that contract to sell or let property by one who has no title, not specifically enforceable.

Option (1) is incorrect: An indirect intimation about a person or thing, of a disparaging nature
<span style="font-family:" arial;="" font-size:="" small;="">Option (2) is correct: Defamation by oral utterance rather than by writing, pictures, etc.
Option (3) is incorrect: Defamation by written or printed words, pictures or in any form other than by spoken words or gestures
<span style="font-family:" arial;="" font-size:="" small;="">Option (4) is incorrect: Option (2) is correct.

I – B, II – D, III – C, IV – A