Legal Service • 2016 • Law Paper-I
Law of tort has developed mainly through
A)
Enactments
B)
Customs & precedents
C)
Judicial decisions
D)
All of these
Law of torts is predominantly judge-made (common law) developed through judicial decisions, unlike codified law.
Legal Service • 2016 • Law Paper-I
In the case of ‘Breach of Trust’, the damages are
A)
Limited
B)
Unlimited
C)
Liquidated
D)
Unliquidated
Damages for breach of trust are unliquidated and assessed by court, not pre-fixed.
Legal Service • 2016 • Law Paper-I
Which of the following orders deals with issue and service of summons?
A)
Order V
B)
Order VI
C)
Order VII
D)
Order IV
Order V CPC deals with issue and service of summons to defendants.
Legal Service • 2016 • Law Paper-I
Which of the following slanders are actionable per se without proof of special damages?
A)
Imputation of adultery
B)
Imputation of offence
C)
Imputation of disease
D)
All of these
Slander per se includes imputation of adultery/un-chastity, crime, loathsome disease or unfitness for trade, so all listed need no special damage.
Legal Service • 2016 • Law Paper-I
‘Decree’ has been defined in section _____________ of the Code of Civil Procedure
A)
Section 1(1)
B)
Section 1(2)
C)
Section 2(1)
D)
Section 2(2)
Section 2(2) CPC defines decree.
Legal Service • 2016 • Law Paper-I
A, residing in Delhi publishes in Calcutta statements defamatory to B. The newspaper is circulated in Bombay, Madras and Raipur. B can sue A in
A)
Delhi or Calcutta
B)
Bombay or Madras
C)
Raipur
D)
Any of the five places above
A defamation action can be brought at the defendant's residence/place of publication and at places where the defamatory material was circulated, so the listed five places are possible venues.
Legal Service • 2016 • Law Paper-I
Where a new defendant is added
A)
Plaint to be amended
B)
Plaintiff need to be amended
C)
Depends
D)
None of these
When a new defendant is added, the plaint must be amended to include the new party and relevant pleadings.
Legal Service • 2016 • Law Paper-I
In legal set off the amount must be recoverable at the date of
A)
Suit
B)
Written statement
C)
Framing of issues
D)
None of these
Order VIII Rule 6 requires that set-off amount must be legally recoverable at date of filing of suit.
Legal Service • 2016 • Law Paper-I
Every contract is an agreement but every agreement is not contract. This statement is
A)
Partially correct
B)
Correct subject to certain exception
C)
Correct
D)
Wrong
Every contract is agreement enforceable by law (Sec 2(h)), but agreements lacking consideration, capacity, lawful object are not contracts.
Legal Service • 2016 • Law Paper-I
‘Novus actus interveniens’ is related to
A)
Remoteness of consequences
B)
Possible consequence
C)
Direct consequence
D)
None of these
Novus actus interveniens is a new intervening act that breaks causal chain, related to remoteness of consequences.
Legal Service • 2016 • Law Paper-I
The Code of Civil Procedure is an adjective law. The statement is
A)
True
B)
False
C)
Partly correct
D)
None of these
The CPC is procedural/adjective law, governing the process by which civil rights are enforced.
Legal Service • 2016 • Law Paper-I
A voidable contract is one which is
A)
Not enforceable by either of the parties thereto
B)
Enforceable by either of the parties thereto
C)
Enforceable only with the permission of the Court of Law
D)
Enforceable at the option of one of the parties thereto
Voidable contract under Section 2(i) is enforceable at option of aggrieved party, void at his option due to coercion, fraud, etc.
Legal Service • 2016 • Law Paper-I
‘Sale’ in the Transfer of Property Act, 1882 is defined under
A)
Section 53
B)
Section 54 A
C)
Section 54
D)
None of these
Sale of immovable property is defined under Section 54 TPA, 1882 as transfer of ownership in exchange for price paid or promised.
Legal Service • 2016 • Law Paper-I
In a lease of immovable property what is transferred is the
A)
Right to enjoy the property
B)
Interest in the property
C)
Mesne profit
D)
Possession alone
Section 105 TPA defines lease as transfer of right to enjoy immovable property for time and consideration.
Legal Service • 2016 • Law Paper-I
Burden of covenant runs with the land is the spirit of section ______ of the Transfer of Property Act
A)
40
B)
41
C)
42
D)
43
Section 40 TPA embodies that burden of covenant runs with land, binding transferees with notice except bona fide purchasers for value without notice.
Legal Service • 2016 • Law Paper-I
Lis pendens is applicable to property
A)
Immovable only
B)
Movable only
C)
Both movable and immovable
D)
Tangible and intangible
Section 52 TPA codifies lis pendens doctrine, which applies only to immovable property involved in pending suit, not movable property.
Legal Service • 2016 • Law Paper-I
On relinquishment of the benefit by the owner under section 35 it shall be
A)
Reverted to the transferor
B)
Vested with the disappointment
C)
Accounted for the loss sustained to the owner
D)
None of these
Under Section 35 TPA (doctrine of election), if the owner elects against the transfer and relinquishes the benefit, the benefit reverts to the transferor as if not transferred.
Legal Service • 2016 • Law Paper-I
Tort is a
A)
Civil wrong
B)
Criminal wrong
C)
Civil as well as criminal wrong
D)
None of these
Tort is civil wrong arising from breach of duty fixed by law, actionable for unliquidated damages.
Legal Service • 2016 • Law Paper-I
The person who may be joined as plaintiffs in a suit is provided under
A)
Order 1, Rule 1
B)
Order 1, Rule 2
C)
Order 2, Rule 2
D)
Order 3, Rule 1
Order I Rule 1 CPC governs who may be joined as plaintiffs.
Legal Service • 2016 • Law Paper-I
Which of the following sections of the Code of Civil Procedure, 1908, deals with procedure of service of summons where defendant resides in another State?
A)
Section 27
B)
Section 28
C)
Section 29
D)
Section 30
Section 28 CPC provides for service of summons where defendant resides in another State through court of that State.
Legal Service • 2016 • Law Paper-I
The application of maxim ‘volenti non fit injuria’ is
A)
Dependent upon a valid contract
B)
Dependent upon the competence of the decision making capacity of the person at the time of giving consent
Volenti non fit injuria requires free, informed consent and competence of person to understand risk, not merely a contract.
Legal Service • 2016 • Law Paper-I
Total strength of Lok Sabha members is
A)
542
B)
525 from the State and 20 from Union Territories
C)
525 from the States and 20 from Union Territories and 2 nominated by President from Union Territory
D)
555
The then constitutional composition was 525 members from States, 20 from Union Territories and 2 nominated Anglo-Indian members.
Legal Service • 2016 • Law Paper-I
Which of the following sections provides that suits shall be instituted where subject matter situates?
A)
Section 15
B)
Section 17
C)
Section 16
D)
Section 18
Section 16 CPC governs suits concerning immovable property where the property is situated.
Legal Service • 2016 • Law Paper-I
Which of the following is not a decree?
A)
Rejection of a plaint
B)
Dismissal in default
C)
Both (a) and (b)
D)
None of these
Dismissal for default is not a decree; rejection of a plaint is a decree.
Legal Service • 2016 • Law Paper-I
The doctrine of privity of contract means
A)
A contract without consideration
B)
An unlawful agreement
C)
A stranger to a contract can sue
D)
A stranger to a contract cannot sue
Privity of contract means contract cannot confer rights or impose obligations on stranger (non-party); stranger cannot sue.
