Legal Service • 2016 • Law Paper-I
Where the relationship subsisting between the parties are such that one of the parties in position to dominate the will of the other and uses that position to obtain unfair advantage over the other, there is said to be
A)
undue influence
B)
coercion
C)
intimidation
D)
none of these
This option matches the definition or rule stated in the question. Answer: undue influence.
Legal Service • 2016 • Law Paper-I
Section 10 of the Code of Civil Procedure provides about
A)
Civil Suit
B)
Res sub judice
C)
Res judcata
D)
None of these
This option matches the relevant definition, rule, or standard fact. Answer: Res sub judice.
Legal Service • 2016 • Law Paper-I
How many sections are there in the Code of Civil Procedure?
A)
157 Sections
B)
156 Sections
C)
157 Sections
D)
158 Sections
This option matches the definition or rule stated in the question. Answer: 157 Sections.
Legal Service • 2016 • Law Paper-I
Taylor vs Caldwell case is related with
A)
Doctrine of frustration
B)
Remoteness of damages
C)
Consideration
D)
Fraud
This option matches the definition or rule stated in the question. Answer: Doctrine of frustration.
Legal Service • 2016 • Law Paper-I
The ‘Rule of Strict Liability’ implies
A)
no fault liability
B)
liability based on fault
C)
state liability
D)
absolute liability
This option matches the definition or rule stated in the question. Answer: no fault liability.
Legal Service • 2016 • Law Paper-I
“Decree” has been defined under_________of the Code of Civil Procedure, 1908
A)
2(a)
B)
2(b)
C)
2(1)
D)
2(2)
This option is the correct choice under the stated facts or rule. Answer: 2(2).
Legal Service • 2016 • Law Paper-I
The Maxim Damnum sine injuria means
A)
damage or loss without infringement of legal rights
B)
infringement of private legal rights without damage or loss
C)
there is no right without remedy
D)
an invasion of absolute private rights
This option matches the definition or rule stated in the question. Answer: damage or loss without infringement of legal rights.
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-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
“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-II
Can the statements recorded under section 161 of the Code of Criminal Procedure, 1973 be used to corroborate the evidence of prosecution witness?
A)
Yes
B)
No
C)
Depends
D)
None of these
Under Section 162 CrPC, Sec 161 statements cannot be used for corroboration, only for contradiction.
Legal Service • 2016 • Law Paper-II
An accused arrested can be kept in custody without producing him before the magistrate, after his arrest for a period of ……
A)
12 hours
B)
24 hours
C)
48 hours
D)
90 days
Section 57 CrPC and Art 22(2) Constitution require production before magistrate within 24 hours of arrest.
Legal Service • 2016 • Law Paper-II
The involvement of five or more persons is essential for
A)
theft
B)
extortion
C)
robbery
D)
dacoity
Dacoity requires the involvement of five or more persons.
Legal Service • 2016 • Law Paper-II
What is the maximum sentence of imprisonment a chief judicial magistrate can pass?
A)
Seven years
B)
Ten years
C)
Five years
D)
None of these
As per Section 29(2) CrPC, a Chief Judicial Magistrate may pass sentence up to 7 years imprisonment.
Legal Service • 2016 • Law Paper-II
Applicability of section 360 of the Code of Criminal Procedure 1973 is effective of the NDAPS Act when –
A)
The person convicted of an offence under this Act is under eighteen years of age
B)
The person convicted of an offence under this Act is under sixteen years of age
C)
The person convicted of an offence under this Act is under twenty one years of age
D)
The person convicted of an offence under this Act is under eighteen years of age and convicted under section 26 or section 27 of the ND&PS Act
Section 33 NDPS Act bars applicability of Section 360 CrPC/Probation unless convicted person was under 18 years at time of offence.
Legal Service • 2016 • Law Paper-II
X, a police officer, has a warrant of arrest for Y. He asks Z as to the identity of Y. Z knowingly tells X that M is Y and consequently X arrests M.
A)
Z is guilty of abetment by instigation
B)
Z is guilty of abetment by aiding
C)
Z is guilty of abetment by false representation
D)
Z is guilty of abetment any kind only of mischief
Knowingly giving a false identity to help secure an arrest is intentional aid through false representation.
Legal Service • 2016 • Law Paper-II
The principle ‘ de minimus non curatlex ‘ is contained in
A)
Section 92 of IPC
B)
Section 93 of IPC
C)
Section 94 of IPC
D)
Section 95 of IPC
The de minimis principle is embodied in Section 95 IPC for acts causing very slight harm.
Legal Service • 2016 • Law Paper-II
When a criminal act is done by several persons in a furtherance of common intention of all
A)
Each of such person is liable for that act in the same manner as if it were done by him alone
B)
Each of such person is liable for his own overt act
C)
Each of such person shall be liable according to the extent of his participation in the crime
D)
Both (b) & (c)
Section 34 IPC makes each participant in a common-intention offence liable as if he had done the act alone.
Legal Service • 2016 • Law Paper-II
Which country began to campaign for a worldwide law against all drug; following the adoption of the single convention on Narcotic Drugs
A)
The UK
B)
The United States
C)
France
D)
Germany
USA led campaign for worldwide narcotics control after Single Convention on Narcotic Drugs 1961.
Legal Service • 2016 • Law Paper-II
Under which among the following cases, the Supreme Court held that woman can be arrested by police at any time and even in absence of lady constable if the arresting officer records the proper reason for such arrest?
A)
State of Maharashtra v. Christian Community Welfare council of India, AIR 2004 SC 7
B)
R. D. Nayak v. State of Gujrat, AIR 2004 SC 23
C)
State of Uttar Pradesh v. LalitTandon, (2004) SC 23
D)
Kamalji Sing v. State of Punjub, AIR 2004 SC 69
The cited Supreme Court ruling is State of Maharashtra v. Christian Community Welfare Council of India.
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
Can a proclamation under section 82 of the Code of Criminal Procedure, 1973 be published in a newspaper?
A)
Yes
B)
No
C)
Depends
D)
None of these
Section 82(2)(ii) CrPC as amended permits proclamation to be published in a daily newspaper circulating where person resides.
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.
