Legal Service • Law Paper-II
Tort is a violation of
A)
a right in personam.
B)
a right in rem.
C)
both right in personam and a right in rem.
D)
neither a right in personam nor a right in rem
Based on established principles in Law, the correct and most appropriate choice is 'both right in personam and a right in rem.' (Option C).
Legal Service • Law Paper-II
The evidence of the character of any party of the suit is generally irrelevant unless-
A)
The case is a Civil case
B)
The case is a Criminal Case, and the evidence shows the party as having bad character
C)
The party’s general character itself is an issue
D)
The case is a Civil case and the evidence shows the party as having bad character
Based on established principles in Law, the correct and most appropriate choice is 'The party’s general character itself is an issue' (Option C).
Legal Service • Law Paper-II
Accused wants to submit a document for consideration under Section 35 of the Indian Evidence Act. In which of the following cases will the document become irrelevant
A)
It is not an entry made by public servant
B)
It does not deal with a relevant fact
C)
It does not deal with a fact in issue
D)
It is not an entry made in public or other official book, register or record
Based on established principles in Law, the correct and most appropriate choice is 'It does not deal with a relevant fact' (Option B).
Legal Service • Law Paper-II
Torts are grounded in the concept of
A)
law
B)
court
C)
rights
D)
sincerity
Based on established principles in Law, the correct and most appropriate choice is 'law' (Option A).
Legal Service • Law Paper-II
The principle on which a dying declaration is admitted in evidence is indicated in legal maxim:
A)
nemo moriturus proesumitur mentiri
B)
lex fori
C)
res judica
D)
none of them
Based on established principles in the relevant subject area, the correct and most appropriate choice is 'none of them' (Option D).
Legal Service • Law Paper-II
Under section 340 of the Code of Criminal Procedure, 1973 the Court can-
I. Move suo motu
II. Not move suo motu
III. Move on the application made by a stranger
IV. Move on the application made by one of the parties
A)
I and III
B)
I and IV
C)
II, III and IV
D)
I, III and IV
Based on established principles in Law, the correct and most appropriate choice is 'II, III and IV' (Option C).
Legal Service • Law Paper-II
A proclamation requiring a person to appear must be published giving
A)
not less than 30 days time to the person concerned
B)
not less than 10 days time to the person concerned
C)
not less than 20 days time to the person concerned
D)
not less than 15 days time to the person concerned
Based on established principles in Law, the correct and most appropriate choice is 'not less than 30 days time to the person concerned' (Option A).
Legal Service • Law Paper-II
Section 401 of Code of Criminal Procedure deal with
A)
High Court power to Revision
B)
Reference to High Court
C)
Session Judge power to Revision
D)
Reference to Session Court
Based on established principles in Law, the correct and most appropriate choice is 'Reference to Session Court' (Option D).
Legal Service • Law Paper-II
Sections 79 to 85 of Evidence Act contain:
A)
presumption of facts
B)
rebuttable presumptions of law
C)
irrebuttable presumption of law
D)
irrebuttable presumptions of facts
Based on established principles in Law, the correct and most appropriate choice is 'irrebuttable presumption of law' (Option C).
Legal Service • Law Paper-II
The term “taking cognizance” under the provisions of Code of Criminal Procedure, 1973 means-
A)
Starting a trial
B)
Completing preliminary requirements for starting a Criminal trial
C)
Taking notice of the matter judicially
D)
An administrative action to decide if criminal trial is required
Based on established principles in Law, the correct and most appropriate choice is 'Starting a trial' (Option A).
Legal Service • Law Paper-II
In which of the following cases did the Supreme Court lay down the guidelines for premature release of life convict?
A)
Lanman Naskar v. Union of India
B)
Boucher Pierre Andre v. Superintendent, Central Jail
C)
Kasmer Singh v. Union of India
D)
Raghbir Singh v State of Haryana
Based on established principles in Law, the correct and most appropriate choice is 'Lanman Naskar v. Union of India' (Option A).
Legal Service • Law Paper-II
The principle ‘ubi jus ibi remedium’ was recognized in –
A)
Winterbottom vs Wright.
B)
Champman vs Pickersgill.
C)
Ashby vs White
D)
Rylands vs Fletcher
Based on established principles in Law, the correct and most appropriate choice is 'Winterbottom vs Wright.' (Option A).
Legal Service • Law Paper-II
Re-opening of investigation under section 173(8) of Cr PC
A)
can be done by the investigating officer only
B)
can be done only under the orders of the Magistrate
C)
can be done only after seeking opinion of the public prosecutor, and on the direction of the State Government
D)
can be done by the police of its own or under the orders of the court
Based on established principles in Law, the correct and most appropriate choice is 'can be done only under the orders of the Magistrate' (Option B).
Legal Service • Law Paper-II
Which of the following deals with the transfer of decree to Court in another State in the Code of Civil Procedure?
A)
Section 40
B)
Section 36
C)
Section 39
D)
Section 52
Based on established principles in the relevant subject area, the correct and most appropriate choice is 'Section 39' (Option C).
Legal Service • Law Paper-II
Power of High Court to confirm sentence or annul conviction is provisioned under:
A)
Section 350 Cr. P.C.
B)
Section 368 Cr. P.C.
C)
Section 365 Cf. P.C.
D)
Section 289 Cr. P.C.
Based on established principles in Law, the correct and most appropriate choice is 'Section 368 Cr. P.C.' (Option B).
Legal Service • Law Paper-II
The maxim “autrfois acquit , autrefois convit” is plea which can be raised by:
A)
Complainant to proceed with the trial
B)
an accused person to bar a criminal trial.
C)
by Complainant to do settlement
D)
by Accused to seek bail
Based on established principles in the relevant subject area, the correct and most appropriate choice is 'by Complainant to do settlement' (Option C).
Legal Service • Law Paper-II
Which of the following requirements need not be followed under section 200 of the Code of Criminal Procedure 1973?
A)
The complainant must be examined
B)
Examination of the complainant must be under oath
C)
The accused must be given an opportunity to be heard
D)
The examination of the complainant must be reduced to writing
Based on established principles in Law, the correct and most appropriate choice is 'The accused must be given an opportunity to be heard' (Option C).
Legal Service • Law Paper-II
In which of the following cases did the court held that a party who produces witnesses in court produces them as witnesses of truth; and simply because portions of their statements are not favourable to the party producing them, they cannot be condemned as biased witnesses?
A)
Gyasuddin Khan v. State of Bihar, AIR 2004 SC 201, para 12 : 2004 CrLJ 395
B)
Lekhraj v. State of Gujarat, AIR 1998 SC 242 : 1998 CrLJ 396.
C)
Gulabchand Ganbhiramal v. Kudilal Govindram, AIR 1959 MP 151 : 1961 CrLJ 55 (FB)
D)
Siddiqua v. Narcotics Control Bureau, 2007 CrLJ 1471, 1480 (para 17) (Del).
Based on established principles in Law, the correct and most appropriate choice is 'Gulabchand Ganbhiramal v. Kudilal Govindram, AIR 1959 MP 151 : 1961 CrLJ 55 (FB)' (Option C).
Legal Service • Law Paper-II
The Principle of Promissory Estoppel found its root:
A)
As a rule of past consideration in the law of contract
B)
As an exception to the doctrine of consideration in the law of contract
C)
As a rule of future consideration in the law of contract
D)
None of the above
Based on established principles in Law, the correct and most appropriate choice is 'As a rule of past consideration in the law of contract' (Option A).
Legal Service • Law Paper-II
An arrested person has a right to consult a legal practitioner of his choice. The consultation with the lawyer
A)
may not be in the presence of the police officer
B)
may be in the presence of the police officer but not within his hearing
C)
may be in the presence of the police officer and within his hearing
D)
both (a) & (b)
Based on established principles in Law, the correct and most appropriate choice is 'may be in the presence of the police officer and within his hearing' (Option C).
Legal Service • Law Paper-II
Which is not the ‘stolen property’:
A)
Possession whereof was obtained by cheating
B)
Possession whereof was obtained by robbery
C)
Possession whereof was obtained by extortion
D)
Possession whereof was obtained by criminal breach of trust
Based on established principles in Law, the correct and most appropriate choice is 'Possession whereof was obtained by criminal breach of trust' (Option D).
Legal Service • Law Paper-II
The punishments awarded in the case of tort are
A)
Unliquidated
B)
Imprisonment
C)
Fines
D)
Both (a) and (c)
Based on established principles in Law, the correct and most appropriate choice is 'Both (a) and (c)' (Option D).
Legal Service • Law Paper-II
For ‘false imprisonment’, there should be-
A)
total restraint on the liberty of a person
B)
a partial restraint on the liberty of a person
C)
means of escape
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 • Law Paper-II
Section 93(3) of Cr PC provides that “No Magistrate other than a District Magistrate or Chief judicial Magistrate shall issue warrant of search for a document, parcel or other thing in the custody of postal & telegraph authority”, If any Magistrate not so specified issues such a warrant
A)
the search proceedings shall be void
B)
the search proceedings shall be voidable if challenged, at the instance of person aggrieved
C)
shall remain valid
D)
none of the above
Based on established principles in Law, the correct and most appropriate choice is 'none of the above' (Option D).
Legal Service • Law Paper-II
Which of the following sections of the Indian Evidence Act, 1872 gives provisions regarding proof as to electronic signatures?
A)
Section 67
B)
Section 67A
C)
Section 67B
D)
Section 67C
Based on established principles in Law, the correct and most appropriate choice is 'Section 67B' (Option C).
