Legal Service • 2016 • Law Paper-I
Every agreement, by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract by the usual legal proceeding in the ordinary tribunal or which limits the time within which he may thus enforce his right
A)
valid agreement
B)
void agreement
C)
both (a) & (b)
D)
none of these
This option matches the relevant definition, rule, or standard fact. Answer: void agreement.
Legal Service • 2016 • Law Paper-I
The maxim ‘ex turpi causa non oritur actio’ means
A)
from a dishonorable cause an action does not arise
B)
an action arises from an immoral cause
C)
immorality always depends on the liability on the prevailing circumstances
D)
None of these
This option matches the definition or rule stated in the question. Answer: from a dishonorable cause an action does not arise.
Legal Service • 2016 • Law Paper-I
Why a threat of violence made over the telephone cannot constitute an assault?
A)
Because a reasonable person would not feel afraid as a result of hearing such a threat
B)
Because the defendant must be in the same place as the plaintiff for there to be an assault
C)
Because the plaintiff would have no reason to suppose that the defendant would follow through with the threat
D)
Because the violent contact threatened by the defendant would not be imminent
Assault requires apprehension of imminent unlawful force; a telephone threat normally lacks the required immediacy.
Legal Service • 2016 • Law Paper-I
The provision of quasi contract has been provided under section __________of the Indian Contract Act, 1872
A)
68-72
B)
73-75
C)
36-38
D)
45-49
This option matches the definition or rule stated in the question. Answer: 68-72.
Legal Service • 2016 • Law Paper-I
Section 152, of the Code of Civil Procedure, deals with amendment of
A)
Clerical and arithmetical errors in judgment, decree or order
B)
Clerical or arithmetical errors in plaint
C)
Clerical or arithmetical errors in written statement
D)
None of these
This option matches the definition or rule stated in the question. Answer: Clerical and arithmetical errors in judgment, decree or order.
Legal Service • 2016 • Law Paper-I
“Every promise every set of promise forming consideration for each other” is known as
A)
Promise
B)
Consideration
C)
Agreement
D)
Proposal
This option is the applicable definition, provision, or relationship. Answer: Agreement.
Legal Service • 2016 • Law Paper-I
What is the name of suit brought by a person from whom two persons claim a debt adversely to one another and who claims no interest to that and ready to deliver it to rightful claimant?
A)
Interpleader suit
B)
Civil suit
C)
Representative suit
D)
None of these
An interpleader suit is filed by a stakeholder who claims no beneficial interest and asks the court to decide between competing claimants.
Legal Service • 2016 • Law Paper-I
For how many days caveat will be valid?
A)
Sixty days
B)
Eighty days
C)
Ninety days
D)
None of these
A caveat under the CPC is valid for 90 days from filing.
Legal Service • 2016 • Law Paper-II
Any private person may arrest or cause to be arrested
A)
Any person who in his presence commits an non-bailable and cognizable offence
B)
Any proclaimed offender
C)
Both (a) and (b)
D)
None of these
Section 43 CrPC empowers private person to arrest person committing non-bailable cognizable offence in his presence or proclaimed offender.
Legal Service • 2016 • Law Paper-II
A warrant of arrest may be executed
A)
At any place within the jurisdiction of the court, which issued the warrant
B)
At any place within the State
C)
At any place in India
D)
At any place in the world
Under Section 77 CrPC, warrant of arrest may be executed at any place in India.
Legal Service • 2016 • Law Paper-II
Which of the following sections of the Code of the Criminal Procedure, 1973 defines the term ‘complaint’?
A)
Section 2(a)
B)
Section 2(b)
C)
Section 2(c)
D)
Section 2(d)
Section 2(d) CrPC defines complaint.
Legal Service • 2016 • Law Paper-II
For an unlawful assembly under section 141 of IPC, the minimum number of persons required is
A)
five
B)
seven
C)
ten
D)
twenty
Section 141 IPC defines unlawful assembly as an assembly of five or more persons.
Legal Service • 2016 • Law Paper-II
In the ND&PS Act,1985 the “illicit traffic”, in relation to narcotic drugs and psychotropic substances, means-
A)
cultivating any coca plant or gathering any portion of coca plant;
B)
engaging in the production, manufacture, possession, sale, purchase, transportation, warehousing, concealment, use or consumption, import inter-State, export inter-State, import into India, export from India or transshipment, of narcotic drugs or psychotropic substances
C)
both (a) & (b) are correct
D)
None of these
Section 2(va) NDPS Act defines illicit traffic to include both cultivation of coca/opium etc. and production/trafficking activities.
Legal Service • 2016 • Law Paper-II
For application of section 149 of IPC
A)
a person should be a member of the unlawful assembly and should actively participate in the commission of offence
B)
a person should be a member of the unlawful assembly but need not necessarily participate himself in the commission of the offence
C)
need not be a member of unlawful assembly but must share a common intention to commit the offence
D)
need not be a member of unlawful assembly but must participate in the commission of the offence
Section 149 can impose liability on any member of the unlawful assembly even if that individual did not personally commit the offence.
Legal Service • 2016 • Law Paper-II
“P gives grave and sudden provocation to M. M on this provocation, fires a pistol at p, neither intending nor knowing himself to be likely to kill Q . Who is near him but out of the sight, M kills Q”. Taking the view of this illustration give the correct answer.
A)
It is murder
B)
It is not a murder but culpable homicide
C)
It is neither a murder nor a culpable homicide
D)
It is a culpable homicide
The illustration reflects grave and sudden provocation but an unintended killing of another person; the intended consequence is culpable homicide rather than murder.
Legal Service • 2016 • Law Paper-II
Section 82 of IPC enunciates
A)
a presumption of fact
B)
a rebuttable presumption of law
C)
a conclusive or irrebuttable presumption of law
D)
none of these
Section 82 IPC conclusively presumes a child under seven incapable of committing an offence.
Legal Service • 2016 • Law Paper-II
Which of the following is the current definition of a Commercial quantity for Cocaine?
A)
100 gram
B)
50 gram
C)
250 gram
D)
100 milligram
As per NDPS Rules notification, commercial quantity for Cocaine is 100 grams (small is 2 grams).
Legal Service • 2016 • Law Paper-II
Culpable homicide has been defined
A)
under section 299 of IPC
B)
under section 300 of IPC
C)
under section 302 of IPC
D)
under section 304 of IPC
Culpable homicide is defined in Section 299 IPC.
Legal Service • 2016 • Law Paper-II
‘All cognizable offences are non-bailable’. The statement is
A)
True
B)
False
C)
Partly Correct
D)
None of these
Cognizable offences may be either bailable or non-bailable, so the statement is false.
Legal Service • 2016 • Law Paper-II
If the offence was committed outside the limit of a police station, the officer-in-charge of the police station can transmit the FIR to the police station having such territorial jurisdiction. The statement is
A)
True
B)
False
C)
Partly correct
D)
None of these
An FIR received by a police station outside territorial jurisdiction can be transmitted to the police station having proper jurisdiction.
Legal Service • 2016 • Law Paper-II
A person who is avoiding execution of a warrant may be proclaimed absconder under ____________ of the Code of Criminal Procedure.
A)
Section 81
B)
Section 83
C)
Section 82
D)
Section 84
Section 82 CrPC permits proclamation for a person absconding or concealing himself to avoid execution of a warrant.
Legal Service • 2016 • Law Paper-II
In a cognizable case.
A)
All offences must be cognizable
B)
Most of the offences must be cognizable
C)
One of the offences must be cognizable
D)
None of these
The supplied sentence is incomplete/ill-formed and none of the substantive alternatives states a legal rule, so it should not be guessed.
Legal Service • 2016 • Law Paper-II
The Act is design to fulfill India’s treaty obligation under –
A)
Single Convention on Narcotic Drug, 1961
B)
Convention on Psychotropic substance
C)
United Nations Convention Against illicit Traffic in Narcotic Drug and P.S.
D)
All of these
NDPS Act 1985 was enacted to fulfill obligations under Single Convention 1961, Psychotropic Convention 1971 and UN 1988 Convention.
Legal Service • 2016 • Law Paper-II
Which is true regarding the Special Court constituted by the Act?
A)
A special Court shall consist of a Single Judge
B)
The Judge of a Special Court of the Act shall be appointed by the Government with the concurrence of the Chief Justice of the High Court
C)
A person shall not be qualified for appointment as a Judge of a Special Court unless he is immediately before such appointment, a sessions Judge or additional sessions Judge
D)
All of the above is true
Under NDPS Act, Special Court consists of single Judge appointed by Government with concurrence of Chief Justice of High Court, qualified as Sessions/Addl. Sessions Judge immediately before.
Legal Service • 2016 • Law Paper-II
Which of the following is a condition for the applicability of section 360 of the Code of Criminal Procedure 1973 and of the probation of offenders Act, 1958
A)
An offender is under eighteen years of age
B)
An offender is under twenty one years of age
C)
Or that the offence is punishable with under Section 26 A, Section 27 of this Act
D)
Condition of (a) and (c) both
Section 33 NDPS Act restricts 360 CrPC and Probation of Offenders Act, allowing them only where offender is under 18 years or offence is under Section 26A or 27 NDPS.
