Legal Service • Law Paper-II
Section 31, Indian Evidence Act declares:
A)
That admissions are not conclusive proof of the matters admitted, but they may operate as estoppels
B)
Unless admissions are contractual or unless they constitute estoppels they are not conclusive, but are open rebuttal or explanation.
C)
Both (A) or (B) are not correct
D)
Both (A) and (B) are correct
Based on established principles in Law, the correct and most appropriate choice is 'Unless admissions are contractual or unless they constitute estoppels they are not conclusive, but are open rebuttal or explanation.' (Option B).
Legal Service • Law Paper-II
‘A’ having joint property with Z in a horse, intending thereby to cause wrongful loss to Z, shoots the horse. Under what section of I.P.C. ‘A’ shall be charged with:
A)
Section 426
B)
Section 429
C)
Section 437
D)
Section 438
Based on established principles in Law, the correct and most appropriate choice is 'Section 429' (Option B).
Legal Service • Law Paper-II
List of facts of which the judicial notice has to be taken under section 57 of Evidence Act:
A)
is exhaustive
B)
is illustrative only
C)
is both (a) & (b)
D)
is neither (a) nor (b)
Based on established principles in Law, the correct and most appropriate choice is 'is exhaustive' (Option A).
Legal Service • Law Paper-II
Statement made under section 161, Cr. P.C. during investigation of a cross-case is
A)
always admissible in the main case
B)
may be admissible in the main case
C)
not at all admissible in the main case
D)
admissible in the main case with the leave of the Court.
Based on established principles in Law, the correct and most appropriate choice is 'not at all admissible in the main case' (Option C).
Legal Service • Law Paper-II
Under the provisions of the Indian Evidence Act, 1872, confession-
A)
Of the co-accused can be treated as substantive evidence
B)
Must either be accepted as a whole or rejected as a whole
C)
Is same as admission
D)
Obtained by spiritual exhortations are not admissible as evidence
Based on established principles in Law, the correct and most appropriate choice is 'Is same as admission' (Option C).
Legal Service • Law Paper-II
Mandatory requirement of Section 27 of the Indian Evidence Act is that
A)
The accused must plead guilty first
B)
The accused must be in judicial custody
C)
The accused must be on bail
D)
The accused must be in police custody
Based on established principles in Law, the correct and most appropriate choice is 'The accused must be on bail' (Option C).
Legal Service • Law Paper-II
The Magistrate having jurisdiction may direct the person so arrested to subject himself to identification by any person -
A)
When his identification is considered necessary for the purpose of investigation
B)
He cannot direct such identification
C)
It is the duty of the police who identified
D)
None of the above
Based on established principles in Law, the correct and most appropriate choice is 'He cannot direct such identification' (Option B).
Legal Service • Law Paper-II
Which of the following cases held that there is no conflict between sections 107 and 145 of Cr. P.C. The words in S.145 are mandatory, while the language of S.107 is discretionary.
A)
Balajit Singh v. Bhoju Ghose (1907) 35 Cal 117
B)
Shama Charan Chakravarti v. Katu Mundal (1897) 24 Cal 344
C)
Kali Kissen Tagore v. Anund Chunder Roy (1896) 23 Cal557
D)
C.Nayak v State of orissa (1992) cr.L.J. 2188 ori
Based on established principles in Law, the correct and most appropriate choice is 'Balajit Singh v. Bhoju Ghose (1907) 35 Cal 117' (Option A).
Legal Service • Law Paper-II
Section 306 of Cr. P.C, 1973 deal with:
A)
Legal aid to Accused
B)
power to direct tender of pardon
C)
Witness of prosecution
D)
Tender of pardon to accomplice
Based on established principles in Law, the correct and most appropriate choice is 'Tender of pardon to accomplice' (Option D).
Legal Service • Law Paper-II
According to section 65 of the Indian Evidence Act, 1872 the secondary evidence can be admitted in __________ exceptional cases.
A)
Three
B)
Five
C)
Seven
D)
Nine
Based on established principles in Law, the correct and most appropriate choice is 'Three' (Option A).
Legal Service • Law Paper-II
After dismissal of a complaint under section 203, a fresh similar complaint on the same facts
A)
is banned
B)
is not banned but will be entertained only in exceptional circumstances
C)
in not banned and will be entertained in all circumstances
D)
either (a) or (c)
Based on established principles in Law, the correct and most appropriate choice is 'is not banned but will be entertained only in exceptional circumstances' (Option B).
Legal Service • Law Paper-II
Leakage of __ gas killed 2260 at Bhopal gas leak disaster in 1984.
A)
Methyl Carbonate
B)
Hydrogen
C)
Methyl isocynate
D)
Carbon Monoxide
Based on established principles in Law, the correct and most appropriate choice is 'Methyl isocynate' (Option C).
Legal Service • Law Paper-II
Scienter Rule means:
A)
Owner is liable
B)
Owner is not liable
C)
Knowledge of dangerous character of the animal
D)
None of the above
Based on established principles in Law, the correct and most appropriate choice is 'Owner is liable' (Option A).
Legal Service • Law Paper-II
__________ are words, which appear innocent, but have a latent defamatory meaning.
A)
Libel
B)
Slander
C)
Innuendo
D)
None of the above
Based on established principles in Law, the correct and most appropriate choice is 'Innuendo' (Option C).
Legal Service • Law Paper-II
The defense of alibi is best because:
A)
if the accused was not there, when the deceased was murdered, he could not have murdered her
B)
once the pleas of alibi is raised no other defense is open to the prosecution
C)
it leaves room for no other defense for the accused
D)
none of them
Based on established principles in Law, the correct and most appropriate choice is 'once the pleas of alibi is raised no other defense is open to the prosecution' (Option B).
Legal Service • Law Paper-II
“A” accused of murder, alleges that by reason of unsoundness of mind, he did not know the nature of the act.
A)
The burden of proof is on the police
B)
The burden of proof is on A
C)
The burden of proof is on the Court
D)
None of these
Based on established principles in Law, the correct and most appropriate choice is 'The burden of proof is on the police' (Option A).
Legal Service • Law Paper-II
The test of reasonable foresight in determining the remoteness of damages was first applied in
A)
Re: Polerris
B)
Wagon Mound case
C)
Doughty vs Turner Manufacturing Co. Ltd.
D)
S.C.M. (United Kingdom) Ltd. vs W. J. Whittal & Sons
Based on established principles in Law, the correct and most appropriate choice is 'Doughty vs Turner Manufacturing Co. Ltd.' (Option C).
Legal Service • Law Paper-II
What is meant by the term ‘actionable per se’?
A)
Actionable only in the civil courts
B)
A tort of strict liability
C)
Actionable without proof of damage
D)
Actionable at the instance of the injured party only
Based on established principles in Law, the correct and most appropriate choice is 'Actionable without proof of damage' (Option C).
Legal Service • Law Paper-II
The imprisonment in default of fine
A)
shall be in addition to a substantive sentence maximum awardable under section 29 without any specific order
B)
shall be in addition to a substantive sentence only when a specific order to that effect is passed.
C)
shall not be in addition to the substantive sentence awardable by the Magistrate
D)
shall be in addition to the substantive sentence awardable but subject (to the upper limit for substantive sentence prescribed under section 29)
Based on established principles in Law, the correct and most appropriate choice is 'shall be in addition to the substantive sentence awardable but subject (to the upper limit for substantive sentence prescribed under section 29)' (Option D).
Legal Service • Law Paper-II
Where the FIR discloses, prima facie, commission of a cognizable offence, and there is a delay in sending the FIR to the Magistrate, under section 157 of Cr PC.
A)
the investigation must go on
B)
the Magistrate can order for stopping of investigation on account of delay in sending the FIR
C)
the Magistrate can order for stopping of investigation irrespective of the delay in sending the FIR
D)
the Magistrate can order for stopping of investigation generally
Based on established principles in Law, the correct and most appropriate choice is 'the investigation must go on' (Option A).
Legal Service • Law Paper-II
Which of the following statements hold true for examination in chief of a witness?
A)
The leading questions can be used
B)
It must only relate to relevant facts
C)
It must only relate to the fact in question
D)
All of these
Based on established principles in Law, the correct and most appropriate choice is 'All of these' (Option D).
Legal Service • Law Paper-II
A ‘will’ is required to be proved by calling at least one attesting witness:
A)
when it is registered
B)
when it is unregistered
C)
when it is admitted
D)
All A, B & C
Based on established principles in Law, the correct and most appropriate choice is 'when it is registered' (Option A).
Legal Service • Law Paper-II
The protection under section 162 of the Code of Criminal Procedure, 1973 is –
A)
Available in Civil Proceedings
B)
Available for proceedings under Article 32 and/or 226 of the Constitution
C)
Not Available in rape cases
D)
Only available in Criminal enquiry or trial in respect of the offence under investigation
Based on established principles in Law, the correct and most appropriate choice is 'Available for proceedings under Article 32 and/or 226 of the Constitution' (Option B).
Legal Service • Law Paper-II
‘Tort is a civil wrong for which the remedy is a common law action for unliquidated damages, and which is not exclusively the, breach of a contract or the breach of a trust or other merely equitable obligation.’ This definition of ‘Tort’ is given by-
A)
Clerk and Lindsell.
B)
Salmond.
C)
Sir Federick Pollock.
D)
Winfield.
Based on established principles in Law, the correct and most appropriate choice is 'Sir Federick Pollock.' (Option C).
Legal Service • Law Paper-II
When was the English case of Donoghue v Stevenson decided?
A)
1912
B)
1952
C)
1932
D)
1942
Based on established principles in Law, the correct and most appropriate choice is '1932' (Option C).
