Legal Service • 2016 • Law Paper-I
The voting age has been reduced from 21 to 18 by the Parliament in the year
A)
1976
B)
1978
C)
1989
D)
1991
The voting age was lowered from 21 to 18 by the 61st Amendment, effective in 1989.
Legal Service • 2016 • Law Paper-I
The term ‘State’ in connection with the Directive Principles
A)
Has a meaning given to it in reference to Fundamental Rights
B)
Means only Union and State Legislature
C)
Means all three organs of the Government
D)
Means the same thing as in connection with the Fundamental Rights
Article 36 adopts for the Directive Principles the same meaning of State as in Part III/Fundamental Rights.
Legal Service • 2016 • Law Paper-I
The quorum to constitute a meeting of the House of Parliament shall be
A)
1/10th of total number of members
B)
2/3rd of total number of members
C)
1/3rd of total number of member
D)
None of these
The constitutional quorum for either House of Parliament is one-tenth of its total membership.
Legal Service • 2016 • Law Paper-I
Right to work in India is
A)
Fundamental right
B)
Directive principle
C)
Is not a fundamental right but it can be claimed after employment
D)
Constitutional duty
The right to work is a Directive Principle, principally reflected in Article 41, not a Fundamental Right.
Legal Service • 2016 • Law Paper-I
Power of Governor to grant pardon etc., and to suspend, remit or commute sentence in certain cases is a statutory power. It is given in
A)
Article 159
B)
Article 161
C)
Article 162
D)
Article 163
Article 161 gives the Governor power to grant pardons, reprieves, respites, remissions and commutations in specified cases.
Legal Service • 2016 • Law Paper-I
Reservation of seats in educational institutions in favour of Scheduled Castes and Tribes are governed by
A)
Article 15(4) of the Constitution
B)
Article 16(4) of the Constitution
C)
Neither (a) nor (b)
D)
Both (a) and (b)
Article 15(4) permits special provisions for the advancement of socially and educationally backward classes and SC/ST in education.
Legal Service • 2016 • Law Paper-I
What kind of contact must be proved as an element of the tort of battery?
A)
Violent contact
B)
Contact causing some injury, however slight
C)
Any contact without the plaintiff’s consent
D)
Harmful or offensive contact
Battery requires intentional harmful or offensive contact without consent; neither violence nor actual injury is essential.
Legal Service • 2016 • Law Paper-I
The disappointment transferee for consideration has the right to be made good for
A)
The actual loss
B)
Value of the property attempted to be transferred to him
C)
The money expended by him on this behalf
D)
Compensation including future loss
Under Section 43 and election doctrine, disappointed transferee for consideration recovers value of property attempted to be transferred.
Legal Service • 2016 • Law Paper-I
On a transfer of property, vested interest therein is certain in favour of a person on the happening of an event which
A)
Must happen
B)
May happen
C)
Shall happen
D)
None of these
Under Section 19 TPA, vested interest exists when it depends on event that must happen.
Legal Service • 2016 • Law Paper-I
Section 16 to 18 of the Code of Civil Procedure, 1908 deals with suits relating to
A)
Movable property
B)
Immovable property
C)
Both (a) and (b)
D)
None of these
Sections 16–18 CPC deal with suits concerning immovable property.
Legal Service • 2016 • Law Paper-I
Is the principle of res judicata applicable to criminal proceedings?
A)
Yes
B)
No
C)
Depends
D)
None of these
Supreme Court holds res judicata principle applies to criminal proceedings (sec 300 CrPC and issue estoppel).
Legal Service • 2016 • Law Paper-I
‘Particulars to be contained in plaint’ is mentioned in
A)
Order VI, Rule 15
B)
Order VI, Rule 12
C)
Order VII, Rule 1
D)
Order IV, Rule 14
Order VII Rule 1 CPC enumerates particulars that a plaint shall contain.
Legal Service • 2016 • Law Paper-I
An order rejecting the plaint for non-payment of the court fees is
A)
Judgment
B)
Not decree
C)
Decree
D)
None of these
Rejection of a plaint under Order VII Rule 11 is treated as a decree.
Legal Service • 2016 • Law Paper-I
Which of the following sections of the Code of Civil Procedure, 1908 deals with ‘power to transfer suits which may be instituted in more than one court’?
A)
Section 20
B)
Section 21
C)
Section 22
D)
Section 23
Section 22 CPC provides the power to transfer suits that may be instituted in more than one court.
Legal Service • 2016 • Law Paper-I
Pleading means
A)
Plaint only
B)
Written statement only
C)
Plaint and written statement
D)
Plaint, written statement and replication
Under CPC Order VI Rule 1, pleading means plaint and written statement as defined by the Code.
Legal Service • 2016 • Law Paper-I
Which of the following sections of the Code of Civil Procedure 1908, defines ‘suit’?
A)
Section 2(3)
B)
Section 2(4)
C)
Section 2(5)
D)
Not defined
The CPC does not define the term 'suit' in a specific definition section.
Legal Service • 2016 • Law Paper-I
In a suit for partition, all sharers are
A)
Necessary parties
B)
Proper parties
C)
Depends
D)
None of these
In partition suits, all co-sharers have interest in subject matter and are necessary parties to avoid multiplicity.
Legal Service • 2016 • Law Paper-I
The starting point of an agreement is
A)
Offer
B)
Invitation to offer
C)
Advertisement
D)
Acceptance
Offer is starting point of agreement; acceptance converts offer into agreement as per formation of contract.
Legal Service • 2016 • Law Paper-I
In the case of a civil wrong, the injured party is called
A)
Defendant
B)
Opponent
C)
Accused
D)
Plaintiff
In civil proceedings for a tort, the injured party suing is called the plaintiff.
Legal Service • 2016 • Law Paper-I
Can the inherent power be used to set aside an ex parte decree?
A)
Yes
B)
No
C)
None of these
In exceptional cases like fraud or mistake of court, inherent power under Sec 151 CPC can set aside ex parte decree; normally Order IX Rule 13 applies.
Legal Service • 2016 • Law Paper-I
Which of the following obligations do not necessarily arise from an agreement?
A)
Torts
B)
Quasi-contract
C)
Court Judgments
D)
All of these
Torts, quasi-contracts and court judgments create obligations by operation of law without necessarily arising from agreement.
Legal Service • 2016 • Law Paper-I
Consider the following statements
The case of Mohori Bibee v Dharmodas Ghose
I. is the decision of the Supreme Court of India regarding minor’s contract
II. has laid down that in India a minor’s contract is void
III. has laid down that a minor’s contract becomes valid when he attains majority
Which of the above statement(s) is/are correct?
A)
I and III
B)
III alone
C)
I and II
D)
II alone
Mohori Bibee v Dharmodas Ghose (1903) is Privy Council decision holding minor's agreement absolutely void; statement II alone is correct.
Legal Service • 2016 • Law Paper-I
Statement given by the judge on the grounds of a decree or order is called
A)
Final order
B)
Final decree
C)
Judgment
D)
None of these
A judge's formal statement of the grounds for a decree or order is a judgment.
Legal Service • 2016 • Law Paper-I
Tort is, violation of
A)
Right in rem
B)
Right in personam
C)
Both (a) & (b)
D)
None of these
Tort is infringement of right in rem (right exercisable against world at large) as distinguished from right in personam.
Legal Service • 2016 • Law Paper-I
The order returning the plaint is
A)
Appealable
B)
Not appealable
C)
Revisable
D)
None of these
Order returning plaint under Order VII Rule 10 is deemed decree and appealable under Order 43 Rule 1(a).
