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
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
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
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
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
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
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 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
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
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 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
Write a précis of the given passage:
“Tolerance is the only real test of civilisation”: it was Arthur Kelps who thus extolled the virtue of tolerance. Man in the 21st century believes he is more civilised than his ancestors. But is he more tolerant than them? Unfortunately, the virtue of tolerance is not abundant in the world of today and the world is in dire need of it. The importance of tolerance lies in its ability to make a human being broad enough in mind to be receptive to all kinds of ideas. This, in turn, enables one to widen one’s knowledge and exercise more freedom of choice and judgement for oneself. At the same time it creates a deeper understanding of others’ views and beliefs. Today, tolerance seems to be at a discount at all levels. At the most trivial sign of disagreement hot words are exchanged, almost immediately escalating into a fight and sometimes even murder. Family members find it difficult to put up with one another’s shortcomings – after all which human being is perfect? Communities, social groups, racial groups and nations – at all levels, there appears to be an acute lack of tolerance. Trivial misunderstandings, even rumours, give rise to riots with the accompanying bloodshed and permanent scars on relationships; at the national level there is civil war and border wars. So often a personal matter such as religion has been distorted to create hatred among peoples. If such people learnt to tolerate one another’s views, perhaps such sad occurrences could be reduced if not totally removed from this world.
Legal Service • 2016
Write an essay on any one of the following topics in not more than 300 words:
- Conquering Mt. Everest
- Politicians Above the Law
- Law as an instrument of Social Change
Legal Service • Paper-II
The general remedy in law of tort is:
A)
Action for damages
B)
Action for injunction
C)
Specific restitution of property
D)
Action for unliquidated damages
Based on established principles in Law, the correct and most appropriate choice is 'Action for injunction' (Option B).
Legal Service • Paper-II
A ‘fact’ is said to be ‘Proved’ when:
A)
The possibility of its existence is high.
B)
The Court believes it exist.
C)
The Court is convinced of the probability of its existence.
D)
The witnesses have testified of its existence.
Based on established principles in Law, the correct and most appropriate choice is 'The Court believes it exist.' (Option B).
Legal Service • Paper-II
The punishment for warrant case amounts to:
A)
Death, life imprisonment or imprisonment for a term exceeding two years.
B)
Death, life imprisonment or imprisonment for a term not exceeding two years.
C)
Death, life imprisonment or imprisonment for a term exceeding three years.
D)
Death, life imprisonment or imprisonment for a term not less than five years.
Based on established principles in Law, the correct and most appropriate choice is 'Death, life imprisonment or imprisonment for a term not less than five years.' (Option D).
Legal Service • Paper-II
Point out incorrect response under CrPC :
A)
Inquiry is conducted by the court
B)
Inquiry is conducted after framing of charge
C)
Inquiry is conducted prior of framing of charge
D)
Inquiry is conducted by the magistrate
Based on established principles in Law, the correct and most appropriate choice is 'Inquiry is conducted after framing of charge' (Option B).
Legal Service • Paper-II
Complaint as provided under Section 2(d) of CrPC can be:
A)
In writing only
B)
Oral
C)
Either in writing or oral
D)
Can be by gestures
Based on established principles in Law, the correct and most appropriate choice is 'In writing only' (Option A).
Legal Service • Paper-II
X a Magistrate is examined as a witness:
I. X cannot be questioned of his conduct in Court.
II. X cannot be questioned of anything other than what came to his knowledge in Court.
III. X can be questioned only of what occurred in his presence
IV. X can be questioned about anything with the permission of the examining Court.
Choose the correct answer:
A)
1, II & III
B)
Only III
C)
II, III & IV
D)
Only III & IV
Based on established principles in Law, the correct and most appropriate choice is 'Only III & IV' (Option D).
Legal Service • Paper-II
Classification of evidence are :
A)
Direct and circumstantial evidence
B)
Real and personal evidence
C)
Positive and negative evidence
D)
All of the above
Based on established principles in Law, the correct and most appropriate choice is 'All of the above' (Option D).
Legal Service • Paper-II
The case of Bhim Singh v. State of J&K is concerned with –
A)
Tortious liability of the state
B)
Vicarious liability of the state
C)
Both (a) and (b)
D)
None of the above
Based on established principles in Law, the correct and most appropriate choice is 'Both (a) and (b)' (Option C).
Legal Service • Paper-II
In which case the Supreme Court missed the chance of making the state liable for the acts of its servants and upheld the immunity of the State from tortious liability for the act of its servants while carrying out sovereign functions:
A)
Union of India vrs Bhagwati Prasad Mishra
B)
Kasturi Lal vrs State of U.P
C)
Lado vrs UP Electricity Board
D)
State of Rajasthan vrs Vidyawati
Based on established principles in Law, the correct and most appropriate choice is 'Lado vrs UP Electricity Board' (Option C).
Legal Service • Paper-II
‘Plea Bargaining’ is applicable in respect of:
A)
Offenses except those punishable with death penalty.
B)
Offenses punishable with less than 3 years imprisonment.
C)
Offences punishable with less than 7 years imprisonment.
D)
All of the above.
Based on established principles in Law, the correct and most appropriate choice is 'All of the above.' (Option D).
Legal Service • Paper-II
Adultery as defined under the IPC is:
A)
A man having sexual intercourse with the wife of another with that other’s consent.
B)
A man having sexual intercourse with the wife of another without that other’s consent.
C)
No longer an offense.
D)
Not an offense subject to the presence of connivance of the parties involved.
Based on established principles in Law, the correct and most appropriate choice is 'A man having sexual intercourse with the wife of another without that other’s consent.' (Option B).
Legal Service • Paper-II
The right of private defence is:
A)
Unrestricted
B)
Subject to restriction contained in section 99 of IPC.
C)
Subject to restrictions contained in Chapter IV of IPC.
D)
Subject to restrictions contained in any other provisions of IPC.
Based on established principles in Law, the correct and most appropriate choice is 'Unrestricted' (Option A).
