Mock Test - 2 : Question 1 of 45

In which of the following cases, condonation of delay under Sec. 5 should be granted: In which of the following cases, condonation of delay under Sec. 5 should be granted:

1 Mark(s)

The papers for appeal were handed over by the appellant to his advocate in the morning of the last day of limitation. Through pressure of urgent work the advocate did not look into the papers till the evening of the day. The appeal was thus filed next day.
Condonation of delay in filing the suit on the ground that he was prevented from filing the suit in time for want of sufficient funds required to purchase the court fee and to meet other legal expenses
Limitation period for filing the appeal expired on 1.1.95. On 14.11.95, the appeal was filed along with an application under Sec. 5, in which the appellant submitted that from 31.12.94 to 2.5.95 he was out of Delhi; 7.5.95 to 4.9.95, he was hospitalized; and from 15.9.95 to 13.11.95 he was on an urgent Europe tour for business
All of the above. All of the above.

The general principle of law is that judgments whether previous or subsequent are not relevant in any case or proceeding. However, judgments are relevant in which of the following cases: The general principle of law is that judgments whether previous or subsequent are not relevant in any case or proceeding. However, judgments are relevant in which of the following cases:

1 Mark(s)

Judgments having the effect of res judicata.
Judgments if they relate to matters of a public nature
When the existence of the judgment is itself a fact in issue
All of the above All of the above

Sec. 13-A: Alternate relief in divorce proceedings lays down that: Sec. 13-A: Alternate relief in divorce proceedings lays down that:

1 Mark(s)

The courts may grant judicial separation instead of divorce in a petition for divorce, even though no such prayer is made in the petition.
The courts may grant judicial separation instead of divorce in a petition for divorce, if a prayer is made in the petition. If a divorce petition is filed on the ground of change of religion, renunciation
of world or presumption of death, the court has no power to pass a decree of judicial separation in place of divorce decree
Both (a) and (c) Both (a) and (c)

Under Sec 92(3), the court may alter the original purposes of the religious/charitable public trust, and allow the property or income of such trust to be applied in one or more of the circumstances specified. This is called: Under Sec 92(3), the court may alter the original purposes of the religious/charitable public trust, and allow the property or income of such trust to be applied in one or more of the circumstances specified. This is called:

1 Mark(s)

Doctrine of cy pres. Doctrine of cy pres.
Doctrine of relation back Doctrine of relation back
Doctrine of alteration. Doctrine of alteration.
None of the above None of the above

CM Bhagwant Mann launched an anti-corruption national helpline no. 9501200200 from which district CM Bhagwant Mann launched an anti-corruption national helpline no. 9501200200 from which district

1 Mark(s)

Ludhiana Ludhiana
Firozpur Firozpur
Amritsar Amritsar
Mansa Mansa

A petition in any matrimonial cause may be presented to the District Court within the local limits of whose jurisdiction:
I. The marriage was solemnized.
II. The respondent at the time of the presentation of petition resides.
III. The parties to the marriage last resided together.
IV. The petitioner is residing at the time of the presentation of petition, in a case where the respondent is, at that time, residing outside the territories to which the Act extends or hasn't been heard of as being alive for a period of 7 years or more.
Codes: A petition in any matrimonial cause may be presented to the District Court within the local limits of whose jurisdiction:
I. The marriage was solemnized.
II. The respondent at the time of the presentation of petition resides.
III. The parties to the marriage last resided together.
IV. The petitioner is residing at the time of the presentation of petition, in a case where the respondent is, at that time, residing outside the territories to which the Act extends or hasn't been heard of as being alive for a period of 7 years or more.
Codes:

1 Mark(s)

I, II and IV. I, II and IV.
I, II, III and IV. I, II, III and IV.
I, III and IV. I, III and IV.
I and III. I and III.

The court may enforce specific performance in which of the following cases: The court may enforce specific performance in which of the following cases:

1 Mark(s)

A contract to charter an aeroplane A contract to charter an aeroplane
In certain cases where suit is for the enforcement of a contract for the construction of any building or the execution of any other work on land.
A contract which is revocable by the defendant
All of the above All of the above

Which of the former Punjab DGP was appointed as Director General of the National Investigation Agency Which of the former Punjab DGP was appointed as Director General of the National Investigation Agency

1 Mark(s)

Vinni Mahajan Vinni Mahajan
Dinkar Gupta Dinkar Gupta
Swagat Das Swagat Das
Arvind Kumar Arvind Kumar

A fresh proclamation of sale is to be issued, if the sale is adjourned for: A fresh proclamation of sale is to be issued, if the sale is adjourned for:

1 Mark(s)

10 days or more. 10 days or more.
20 days or more. 20 days or more.
30 days or more. 30 days or more.
60 days or more. 60 days or more.

Mark the incorrect statement: Mark the incorrect statement:

1 Mark(s)

A case is withdrawn without the consent of the accused
A case is compromised if with the consent of the accused it is withdrawn.
Withdrawal of complaint results in acquittal of the accused, and a fresh prosecution would bel barred
None of the above. None of the above.

A married woman-
I. Totally lacks capacity to adopt.
II. Can adopt with her husband's consent.
III. Can adopt a child, if the other spouse has ceased to be a Hindu by conversion to other religion, or has renounced the world or has been declared by a court to be of unsound mind.
Codes: A married woman-
I. Totally lacks capacity to adopt.
II. Can adopt with her husband's consent.
III. Can adopt a child, if the other spouse has ceased to be a Hindu by conversion to other religion, or has renounced the world or has been declared by a court to be of unsound mind.
Codes:

1 Mark(s)

I and III. I and III.
II and III. II and III.
I and II. I and II.
All of the above. All of the above.

Which of the following is not correct: Which of the following is not correct:

1 Mark(s)

The court shall not refuse to any party specific performance of a contract merely on the ground that the contract is not enforceable at the instance of the other party.
The jurisdiction to decree specific performance is discretionary and the court is not bound to grant such relief merely because it is lawful to do so
The ordinary rule is that specific performance should be granted.
Relief of specific performance is not an equitable relief.

A covenants that, if he should at anytime be entitled to property exceeding Rs. one lakh, he will settle it upon certain trusts. Before any such property accrues, or any person entitled under the trust are ascertained, he institutes a suit to obtain a declaration that the covenant is void for uncertainty. A covenants that, if he should at anytime be entitled to property exceeding Rs. one lakh, he will settle it upon certain trusts. Before any such property accrues, or any person entitled under the trust are ascertained, he institutes a suit to obtain a declaration that the covenant is void for uncertainty.

1 Mark(s)

The court may make the declaration The court may make the declaration
The court cannot make the declaration The court cannot make the declaration
The court is bound to make the declaration.
None of the above None of the above

Mark the incorrect statement in relation to Sec. 90: Mark the incorrect statement in relation to Sec. 90:

1 Mark(s)

The presumption can be raised only with reference to original documents and not to copies thereof.
Sec. 90 applies to both testamentary and non-testamentary documents
Presumption relates to the execution of the document and not to the truth of its contents
A party who has attempted to prove the document by direct evidence can afterwards rely on the presumption

Mark the incorrect statement in relation to Order 23: Mark the incorrect statement in relation to Order 23:

1 Mark(s)

At any time after the institution of a suit, the plaintiff may withdraw his suit or abandon part of his claim
If a plaintiff withdraws from a suit without the court's permission, he is precluded from institution a fresh suit against the same defendant in respect of the same subject matter.
If the court is satisfied that a suit must fail by reason of some ;formal defect or there are other sufficient grounds, it may allow the withdrawal from suit.
When there are several plaintiffs, the court can allow one of them to withdraw, even if the other co-plaintiffs do not consent to such withdrawal

Which of the following is a legal effect of a valid marriage: Which of the following is a legal effect of a valid marriage:

1 Mark(s)

Husband and wife acquire a right or power on each other's property
Status of woman does not change and she is subject to her own pre-marital school of law.
Prohibited degrees of relation ceases between the parties
Wife is not bound to observe Iddat Wife is not bound to observe Iddat

Which of the following combinations are correctly matched?
Made by Magistrate: Investigation.
Object is to collect evidence: Inquiry.
Ordinarily second stage of a criminal case: Inquiry.
It is not a judicial proceeding: Investigation. Which of the following combinations are correctly matched?
Made by Magistrate: Investigation.
Object is to collect evidence: Inquiry.
Ordinarily second stage of a criminal case: Inquiry.
It is not a judicial proceeding: Investigation.

1 Mark(s)

1 and 2. 1 and 2.
2 and 3. 2 and 3.
3 and 4. 3 and 4.
2 and 4. 2 and 4.

The main incidents of the muta marriage are: The main incidents of the muta marriage are:

1 Mark(s)

No mutual rights of inheritance created between the spouses, but children considered legitimate and capable of inheriting from both parents.
Wife is not entitled to maintenance (unless specified).
Husband does not have a right of divorce, but he can terminate the union earlier by making a "gift of the term".
All of the above All of the above

A labourer killed by a motor accident leaves behind his widow and two minor sons. Time for filing the petition for compensation under the Motor Vehicles Act shall not run against any of the claimants until: A labourer killed by a motor accident leaves behind his widow and two minor sons. Time for filing the petition for compensation under the Motor Vehicles Act shall not run against any of the claimants until:

1 Mark(s)

Both the minor sons have ceased to be minor.
The eldest minor son ceased to be minor.
Both the minor sons have ceased to be minor because a discharge can't be given by the mother without the concurrence of the minors
None of the above. None of the above.

`Mark the incorrect statement: `Mark the incorrect statement:

1 Mark(s)

The evidence of a witness (examination-in-chief) shall be on affidavit
The evidence of the court, shall be taken orally by the Court or the Commissioner
Any objection raised during the recording of evidence before the Commissioner shall be recorded by him and decided by the court at the stage of arguments
None of the above None of the above

In which of the following case, the offence of cheating is made out:
I. A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay.
II. A, by exhibiting to Z a false sample of an article,intentionally deceives Z into believing that the article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article.
III. A intentionally deceives Z into a belief that A has performed A's part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money.
Codes: In which of the following case, the offence of cheating is made out:
I. A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay.
II. A, by exhibiting to Z a false sample of an article,intentionally deceives Z into believing that the article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article.
III. A intentionally deceives Z into a belief that A has performed A's part of a contract made with Z, which he has not performed, and thereby dishonestly induces Z to pay money.
Codes:

1 Mark(s)

I and II. I and II.
II and III. II and III.
I and III. I and III.
I, II and III. I, II and III.

Which of the following was conferred with the prestigious JCB literature prize for the year 2022 - Which of the following was conferred with the prestigious JCB literature prize for the year 2022 -

1 Mark(s)

Arundhati Roy Arundhati Roy
Khalid Javed Khalid Javed
Amitav Ghosh Amitav Ghosh
Anita Desai Anita Desai

Which of the following amount to 'cruelty':
1. Persistent refusal to have marital intercourse/ refusal to have children.
II. Wife's refusal to resign her job.
III. Wife's quarrelling with mother-in-law.
IV. Birth of a child (illegitimate) within 6 months of marriage.
V. Incompatibility of temperament- case of broken-down marriage.
VI. Non-payment of interim maintenance. VII. Desertion per se.
Codes: Which of the following amount to 'cruelty':
1. Persistent refusal to have marital intercourse/ refusal to have children.
II. Wife's refusal to resign her job.
III. Wife's quarrelling with mother-in-law.
IV. Birth of a child (illegitimate) within 6 months of marriage.
V. Incompatibility of temperament- case of broken-down marriage.
VI. Non-payment of interim maintenance. VII. Desertion per se.
Codes:

1 Mark(s)

I, IV, V and VII. I, IV, V and VII.
I, IV and V. I, IV and V.
All except II and III. All except II and III.
All except III and VII. All except III and VII.

A, B, C, D and E started for committing dacoity in the house of M. E being quite drunk could not proceed and fell down under a tree. A, B, C and D went into the house of M and after firing into the air took away cash and ornaments. Thereafter they returned to the place where E was lying and gave him a part of the booty. A, B, C, D and E started for committing dacoity in the house of M. E being quite drunk could not proceed and fell down under a tree. A, B, C and D went into the house of M and after firing into the air took away cash and ornaments. Thereafter they returned to the place where E was lying and gave him a part of the booty.

1 Mark(s)

E is liable for receiving stolen property and also preparation to commit dacoity under Sec. 399
E is not liable for receiving stolen property but for preparation to commit dacoit under sec. 399.
E is not liable for any offence E is not liable for any offence
None of the above None of the above

Who amongst the following was named as the Indian Film Personality of the year 2022 at the 53rd International Film Festival of India - Who amongst the following was named as the Indian Film Personality of the year 2022 at the 53rd International Film Festival of India -

1 Mark(s)

Rajnikant Rajnikant
Amitabh Bachchan Amitabh Bachchan
Chiranjeevi Chiranjeevi
Dev Anand Dev Anand

The right to rescind the contract of partnership The right to rescind the contract of partnership

1 Mark(s)

is an absolute one and can not be lost is an absolute one and can not be lost
is lost if the contract is not repudiated with in a reasonable time of discovery of fraud
is lost if the contract is not repudiated with in one year of discovery of fraud
is lost if the contract is not repudiated with in three years of

In which of the following cases, no charge need be framed: In which of the following cases, no charge need be framed:

1 Mark(s)

For inquiries under Sec. 116 For inquiries under Sec. 116
For trials of summons-cases under Sec. 251.
For summary case where no appeal lies. For summary case where no appeal lies.
All of the above All of the above

In relation to proof of age: In relation to proof of age:

1 Mark(s)

Opinion of radiologist is relevant. Opinion of radiologist is relevant.
Entry in the register of births and deaths is relevant
Opinion of radiologist cannot be preferred over the entry in the register of births and deaths
All are correct All are correct

In which of the following cases, the offence of mischief has not been committed: In which of the following cases, the offence of mischief has not been committed:

1 Mark(s)

A, having joint property with Z in a horse, shoots the horse, ntending thereby to cause wrongful loss to Z
a causes cattle to enter upon a field belonging to Z, intending to cause and knowing that he is likely to cause damage to Z's crop
A person innocently removed a barricade placed by a municipality in front of his house
None of the above None of the above

Mark the incorrect statement: Mark the incorrect statement:

1 Mark(s)

If a Magistrate who is not empowered to take cognizance of an offence takes cognizance upon information received or upon his own knowledge under Sec. 190(1)(c), his proceedings shall be void
There is no bar, express or implied in the Code against more than one Magistrate of concurrent jurisdiction taking cognizance of the same offence
court can take cognizance of offence only once and after that it becomes functus officio
None of the above. None of the above.

Mark the incorrect matching: Mark the incorrect matching:

1 Mark(s)

Relevancy of Statements in Maps, Charts: Sec. 36.
Relevancy of Statements in Acts of Parliament of England or India: Sec. 37
Relevancy of Statements as to Law in Law Books of a Foreign Country: Sec. 38
None of the above. None of the above.

Mark the incorrect statement: Mark the incorrect statement:

1 Mark(s)

The minimum sentence awardable under Sec. 302 being life imprisonment, it has been held that the sentence cannot be reduced
A prisoner sentenced to life imprisonment is bound to serve the remainder of his life in prison, unless the sentence is commuted by the appropriate Government.
Imprisonment for life must not be inflicted for being a 'thug
The appropriate Government may commute, without the offender's consent, a sentence of imprisonment for life, forl imprisonment for not more than fourteen years

Which of the following is/are not an instance of affray: Which of the following is/are not an instance of affray:

1 Mark(s)

Two persons attacked and overpowered a third in a public place.
Two brother were quarreling and abusing each other on a public road, as a result of which a large crowd was gathered; however, no actual fight took place.
A drunken brawl in the public street where two or more persons shout at and pull about one another.
Both (b) and (c). Both (b) and (c).

An admission is an evidence against the party who had mad the admission and it can be proved only against him. |Admissions cannot be proved by, or on behalf of, the person who make them. Which of the following is an exception to this general rule? An admission is an evidence against the party who had mad the admission and it can be proved only against him. |Admissions cannot be proved by, or on behalf of, the person who make them. Which of the following is an exception to this general rule?

1 Mark(s)

Dying declaration Dying declaration
Statements as to his state of body or of mind.
Statement sought to be used in evidence otherwise than as an admission
All of the abvoe. All of the abvoe.

Who among the following has been appointed as the chair person of the National Commission of Minorities Who among the following has been appointed as the chair person of the National Commission of Minorities

1 Mark(s)

Kanwar Pal Sing Gill Kanwar Pal Sing Gill
Amit Pal Singh Amit Pal Singh
Iqbal Singh Lalpura Iqbal Singh Lalpura
Harpreet Singh Sidhu Harpreet Singh Sidhu

Which of the following amount to 'cruelty': 1. Persistent refusal to have marital intercourse/ refusal to have children. II. Wife's refusal to resign her job. III. Wife's quarrelling with mother-in-law. IV. Birth of a child (illegitimate) within 6 months of marriage. V. Incompatibility of temperament- case of broken-down marriage. VI. Non-payment of interim maintenance. VII. Desertion per se.
Codes: Which of the following amount to 'cruelty': 1. Persistent refusal to have marital intercourse/ refusal to have children. II. Wife's refusal to resign her job. III. Wife's quarrelling with mother-in-law. IV. Birth of a child (illegitimate) within 6 months of marriage. V. Incompatibility of temperament- case of broken-down marriage. VI. Non-payment of interim maintenance. VII. Desertion per se.
Codes:

1 Mark(s)

I, IV, V and VII. I, IV, V and VII.
I, IV and V. I, IV and V.
All except II and III. All except II and III.
All except III and VII. All except III and VII.

Prompt dower which is payable immediately on the marriage taking place is also called: Prompt dower which is payable immediately on the marriage taking place is also called:

1 Mark(s)

Izl. Izl.
Muwajjal. Muwajjal.
Marijal. Marijal.
Khul Khul

In which of the following cases, specific performance of contract is not enforceable: In which of the following cases, specific performance of contract is not enforceable:

1 Mark(s)

Suit for enforcing a contract where there is no standard for ascertaining the actual damages.
Suit for enforcement of the contract to take up and pay for in debentures of a company.
Suit for the purchase of the share of a partner in a firm.
Suit for enforcing a contract which is in its nature determinable

Which of the following marriages is/are valid under the Muslim law:
1. A gives his daughter aged 16 years in marriage to B without her consent and against her wishes.
II. Bride given in marriage before she had attained the age of 15 years.
III. Marriage of stepbrother and sister.
IV. Amran, a Shia, aged 19 years and Nafisa, aged 15 years; children of two brothers get married without the consent of their parents and without the presence of any witnesses.
Codes: Which of the following marriages is/are valid under the Muslim law:
1. A gives his daughter aged 16 years in marriage to B without her consent and against her wishes.
II. Bride given in marriage before she had attained the age of 15 years.
III. Marriage of stepbrother and sister.
IV. Amran, a Shia, aged 19 years and Nafisa, aged 15 years; children of two brothers get married without the consent of their parents and without the presence of any witnesses.
Codes:

1 Mark(s)

I and III. I and III.
II and III. II and III.
II and IV. II and IV.
All of the above. All of the above.

Mark the incorrect statement: Mark the incorrect statement:

1 Mark(s)

When a suit is clearly time barred, the court is under a duty to bar the suit except when such limitation is extended by Secs. 4 to 24.
Question of limitation is a material one for determination in every case irrespective of whether the question is raised by the parties or not.
The court has power to relieve the suitor from the bar of limitation on the ground of hardship, mistake or injustice
The initial burden of proving that the plaint is within time vests upon the plaintiff.

Time requisite for obtaining a copy under Sec. 12 (2) does not contemplate: Time requisite for obtaining a copy under Sec. 12 (2) does not contemplate:

1 Mark(s)

Any period antecedent to the applicant applying for copy of decree, etc. (i.e. the time taken by the court to prepare the decree or order itself).
Any period subsequent to the period of the copy being ready for delivery. Lito
Both (a) and (b). Both (a) and (b).
Only (a). Only (a).

The present UN Secretary General is: The present UN Secretary General is:

1 Mark(s)

Antonio Guterresa Antonio Guterresa
Ban Ki Moon Ban Ki Moon
Kofi Annan Kofi Annan
None of the above None of the above

In which of the following cases a firm will not be liable for wrongful act or omission of a partner. In which of the following cases a firm will not be liable for wrongful act or omission of a partner.

1 Mark(s)

a partner of a firm while acting in the ordinary court of business colluded with a partner of another firm causing loss to the other firm
a partner, acting withing the scope of his emplied authority, rasied money by drawing bills in a fictitious name, and he used the money in the firms business
Receipt of money due to the firm by one of the partner by way of set off against his personal debt to the other party
None of the above None of the above

Mark the incorrect proposition:
I. Set-off is a statutory defence to a plaintiff's action, whereas a counter-claim is a cross-action.
II. Set-off and counter-claim arises out of the same transaction.
III. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement.
IV. Claim for set-off cannot exceed plaintiff's claim, whereas counter-claim can exceed the plaintiff's claim.
V. Both set-off and counter-claim cannot exceed the pecuniary jurisdiction of the court.
Codes: Mark the incorrect proposition:
I. Set-off is a statutory defence to a plaintiff's action, whereas a counter-claim is a cross-action.
II. Set-off and counter-claim arises out of the same transaction.
III. Set-off should not be barred on the date of the suit while counter-claim should not be barred on the date of filing of written statement.
IV. Claim for set-off cannot exceed plaintiff's claim, whereas counter-claim can exceed the plaintiff's claim.
V. Both set-off and counter-claim cannot exceed the pecuniary jurisdiction of the court.
Codes:

1 Mark(s)

I only I only
II only II only
III and V. III and V.
IV only. IV only.

Mark the incorrect statement: Mark the incorrect statement:

1 Mark(s)

Classification of summons case and warrant case is useful to decide the question of issuance of process to the accused.
In a summons case, a summons shall be issued and in a warrant case, a warrant may be issued
If the charges reveal both a warrant-case and s summonscase, a summons-case is to be preferred
In a warrant-case, a summons may be issued if the Magistrate thinks fit to do so.