Legal Service • 2016 • Law Paper-II
Who among the following is duty bound to give maintenance?
A)
All married persons
B)
Any persons neglects or refuses to maintain
C)
Any person having sufficient means neglects or refuses to maintain
D)
None of these
Section 125 CrPC obliges person having sufficient means who neglects/refuses to maintain wife, children, parents.
Legal Service • 2016 • Law Paper-II
A petition for maintenance under section 125 of the Code of Criminal Procedure, 1973 is
A)
A complaint
B)
Not a complaint
C)
Protest petition
D)
None of these
A maintenance petition under Section 125 CrPC is not a 'complaint' as defined in Section 2(d).
Legal Service • 2016 • Law Paper-II
Every police officer while making an arrest shall
A)
Bear an accurate, visible and clear identification of his name which will facilitate easy identification
B)
Prepare a memorandum of arrest
C)
Inform the person arrested unless the memorandum is attested by a member of his family, that he has the right to have a relative or a friend named by him to be informed of his arrest
D)
All of these
Section 41B CrPC mandates ID display, arrest memo, and intimation to relative/friend of arrested person.
Legal Service • 2016 • Law Paper-II
An additional Sessions Judge may pass
A)
Any sentence authorized by Law
B)
Any sentence except the death sentence
C)
Any sentence except the death sentence and life imprisonment
D)
None of these
An Additional Sessions Judge has the same sentencing jurisdiction as a Sessions Judge subject to the statutory requirement of High Court confirmation for a death sentence.
Legal Service • 2016 • Law Paper-II
Which of the following cases is related with mistake of fact?
A)
R. vs Prince
B)
R. vs Richardson
C)
R. vs Hicklin
D)
None of these
R. v. Prince is a classic case concerning mistake of fact.
Legal Service • 2016 • Law Paper-II
In a warrant case instituted on a police report, the trial begins when the
A)
Accused appears
B)
Charge is framed
C)
Witnesses are examined
D)
None of these
In a warrant case on a police report, the trial is ordinarily treated as commencing with framing of the charge.
Legal Service • 2016 • Law Paper-II
In a cognizable case, the arrest
A)
Is mandatory
B)
Depends on the discretion of police
C)
Depends on the discretion of court
D)
None of these
Arrest in a cognizable case is not automatically mandatory; police exercise statutory discretion subject to the CrPC safeguards.
Legal Service • 2016 • Law Paper-II
X ordered his employee Y to beat Z. Y refuses. Now
A)
X has committed abetment and Y has committed assault
B)
X has committed abetment and Y has committed no offence
C)
X and Y have committed no offence
D)
X has committed no offence but Y has committed offence of subordination.
The employee's refusal means he commits no offence; the person who intentionally instigates can be liable for abetment.
Legal Service • 2016 • Law Paper-II
Which of the following sections of the Code of Criminal Procedure, 1973 defines the term ‘cognizable offences’?
A)
Section 2(a)
B)
Section 2(b)
C)
Section 2(c)
D)
Section 2(d)
Section 2(c) CrPC defines a cognizable offence.
Legal Service • 2016 • Law Paper-II
‘Warrant-case’ means a case relating to an offence punishable with death imprisonment for life or imprisonment for a term exceeding………. Years.
A)
Two
B)
Three
C)
Four
D)
Five
A warrant case is one involving death, life imprisonment, or imprisonment for a term exceeding two years.
Legal Service • 2016 • Law Paper-II
Judge of a special court shall be appointed by the Government with the concurrence of
A)
The Judge of the High Court
B)
The Chief Justice of the High Court of that State where the special court situates.
C)
The Chief Justice of the Supreme Cour
Special Court Judge under NDPS Act is appointed by Government with concurrence of Chief Justice of High Court of State where court sits.
Legal Service • 2016 • Law Paper-II
The “Narcotic Drugs and Psychotropic Substances Consultative Committee” shall consist of Chairman and such other members:
A)
not exceeding ten
B)
not exceeding fifteen
C)
not exceeding twenty
D)
not exceeding twenty five
Section 6 NDPS Act provides NDPS Consultative Committee consists of Chairman and members not exceeding twenty nominated by Central Government.
Legal Service • 2016 • Law Paper-II
Which of the following sections of the Code of Criminal Procedure, 1973 provides for the arrest on breach of bond for appearance?
A)
Section 89
B)
Section 86
C)
Section 87
D)
Section 88
Section 89 CrPC provides for arrest on breach of bond for appearance.
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
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
‘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
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
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
Indian Contract Act contains __________ section.
A)
145
B)
266
C)
482
D)
238
Indian Contract Act, 1872 originally contains 238 sections divided into 10 chapters.
Legal Service • 2016 • Law Paper-I
A bundle of essential facts which is necessary for the plaintiff to prove before he can succeed in the suit is called
A)
Pleadings
B)
Proof
C)
Evidence
D)
Cause of action
The bundle of essential facts that gives a plaintiff a right to sue is the cause of action.
Legal Service • 2016 • Law Paper-I
Order IX of the Code of Civil Procedure, 1908, deals with
A)
Summons to witness
B)
Appearance of parties and consequences of non-appearance
C)
Written statement
D)
Set-off
Order IX CPC deals with appearance of parties and consequences of non-appearance.
Legal Service • 2016 • Law Paper-I
Set-off is a
A)
Plea for the plaintiff
B)
Defense of the defendant
C)
Both (a) & (b)
D)
Neither (a) nor (b)
Set-off is a statutory defence/counter-claim of defendant under Order VIII Rule 6 CPC.
Legal Service • 2016 • Law Paper-I
A bid at auction sale is
A)
An implied offer to buy
B)
An expressed offer to buy
C)
An invitation to offer to buy
D)
An invitation to come to bid
At auction, advertisement is invitation to offer, bidder's bid is offer (expressed offer) which auctioneer may accept by hammer fall.
Legal Service • 2016 • Law Paper-I
Damnum implies
A)
Dictatorship
B)
Decision of House of Lords
C)
Damages
D)
Double bench opinion
Damnum means damage, loss, harm – monetary or physical; contrasted with injuria meaning infringement of legal right.
Legal Service • 2016 • Law Paper-I
According to Justinian ‘every action contrary to law’ is
A)
Liberty
B)
Power
C)
Damnum
D)
Injury
Justinian defined injuria as every act contrary to law; damnum is mere damage without legal wrong.
